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HomeMy WebLinkAbout08-1919DALE G. WICKARD III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER WICKARD, : No. 08 - 1 9/l CIVIL Defendant : IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Dale G. Wickard III, residing at 8 Raylan Drive, Cumberland County, Boiling Springs, Pennsylvania 17007. 2. The defendant is Heather Wickard, residing at 18 West Springville Road, Cumberland County, Boiling Springs, Pennsylvania 17007. 3. Plaintiff seeks custody of the following children: Name Present Residence DOB Age Logan Wickard 18 West Springville Rd. 5/10/05 2 yrs Boiling Springs, PA Jakob Wickard 18 West Springville Rd. 1/03/07 1 yrs Boiling Springs, PA The children were not born out of wedlock. The children are presently in the custody of Heather Wickard. During the past five years, the children have resided with the following persons and at the following addresses: List All Persons Heather Wickard List All Addresses 18 West Springville Rd. Boiling Springs, PA Dates 2/10/08 - Present Heather Wickard and Dale Wickard 18 West Springville Rd. Boiling Springs, PA 5/10/05 - 2/10/08 The mother of the children is Heather Wickard, currently residing at 18 West Springville Road, Boiling Springs, PA 17007. She is still married to Dale G. Wickard III. The father of the children is Dale G. Wickard III, currently residing at 8 Raylan Drive, Boiling Springs, PA 17007 He is still married to Heather Wickard. 4 The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Relationship Joyce Wickard Mother Dale Wickard II Father 5 The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Logan Wickard Jakob Wickard 6 7. Relationship Son Son Plaintiff entered into an agreed upon PFA without an admission, which contained an order for custody in it, on or about March 14, 2008. The court, term, and number, and its relationship to this action is: 08-983. The order granted Plaintiff periods of visitation with the children at times agreed upon by the parties to take place at the residence of the paternal grandparents, with Defendant providing transportation for all custody exchanges. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does know of a person not a party to the proceeding that has claims to have custody or visitation rights with respect to the children. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children. Plaintiff is best able to provide the care and nurture which the children need for healthy development. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the children. A Court ordered determination of custody is required to avoid continuing conflict between the parties regarding parental responsibility for custody and support. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim N/A WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody in Plaintiff with agreed upon visitation in Defendant. Respectfully submitted, ROMINGER & ASSOCIATES Date: 3 Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #206671 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: e G. Wickard III, Plaintiff r' era C) G -TI po 7-1 E3 n DALE G. WICKARD, III IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1919 CIVIL ACTION LAW HEATHER WICKARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 2008 , 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 Monday, April 28, 2008 at 8:30 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. 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/ aq ueline M. Verne Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 t i r In M APR 2 9 MR DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1919 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this -3,o I t day of r 1 , 2008, upon consideration of the attached Custody ConciliReport, it is ordered and directed as follows: 1. The Custody provisions dated March 18, 2008 of the PFA Order at No. 08-983 are hereby vacated. 2. The Father, Dale G. Wickard, III and the Mother, Heather Wickard, shall have shared legal custody of Logan Wiekard, born May 10, 2005 and Jakob Wickard, born January 3, 2007. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Every Tuesday and Thursday from 2:00 p.m. to 6:00 p.m. unless otherwise agreed by the parties. a-1' r ? r '4 rf ? '''- '.f 1! id 90 ' QE ?dv gool r,r , ni-n-j- •. B. Alternating weekends beginning May 3, 2008, Saturday from 12:00 noon to 5:00 p.m. and Sunday from 12:00 noon to 5:00 p.m. C. Such other times as agreed by the parties. 5. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 6. Father shall not transport the children by automobile without one of his parents being present. 7. Mother shall be responsible for all transportation unless Father relocates outside of a 25 mile radius of his current address. 8. The parties shall communicate via email. 9. Neither party may use physical discipline on the children. 10. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect for the other parent. 11. Neither party may smoke in the presence of the children in the home or vehicle and to the extent possible, not permit third parties to smoke in the children's presence. 12. Neither party may use alcohol or illegal drugs immediately prior to or during their periods of physical custody. 13. Father shall share his therapists' reports with Mother. 14. 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. Another Custody Conciliation Conference is scheduled for June 26, 2008 at 8:30 a.m. BY THE COURT, cc" Vincent M. Monfredo, Esquire, Counsel for Father ,/Gregory Hazlett, Esquire, Counsel for Mother M;3 ( LeL J. DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1919 CIVIL ACTION - LAW HEATHER WICKARD, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard May 10, 2005 Mother Jakob Wickard January 3, 2007 Mother 2. A Conciliation Conference was held in this matter on April 28, 2008, with the following in attendance: The Father, Dale G. Wickard, III, with his counsel, Vincent M. Monfredo, Esquire, and the Mother, Heather Wickard, with her counsel, Gregory Hazlett, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr., dated March 18, 2008 in a PFA action at No. 08-983 providing for Mother to have primary physical custody, Father to have periods of visitation as agreed by the parties. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator DALE G. WICKARD, III, PLAINTIFF VS. HEATHER WICKARD, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1919 CIVIL TERM CIVIL ACTION -LAW ACTION FOR CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Heather Wickard. Respectfully submitted, Dated: June, 2008 C I for Defendant 11 .D. # 7 West Main Street Mechanicsburg, PA 17055 (717) 790-5500 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Heather Wickard. Respectfully submitted, Law Firm of Susan Kay Candiello, P.C. Dated: June , 2008 Susan Kay C e o, Esquire Counsel for lai PA I.D. # 64"8 4010 Glenfinnan Placre Mechanicsburg, PA 17055 (717) 724-2278 ,. ..a _ ::? «{ "'x,.'41`.+?? '.? 8"??Y"? t`'i? ? ? -z ?.t t 1 ?' _°y _ y ? 1% JUN 2 62008 DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this _yn- day of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 30, 2008 shall remain in full force and effect with the following modifications and additions: 2. Paragraph 4A shall be deleted in its entity and replaced with the following: Every Wednesday from 3:00 p.m. to 7:00 p.m. if Father works the day shift and from 2:00 p.m. to 6:00 p.m. if Father works the night shift. 3. Paragraph 6 is deleted in its entity. 4. Paragraph 7 is deleted in its entity and replaced with the following: Transportation shall be shared such that the relinquishing party shall transport. 5. Holidays: A. Thanksgiving and Easter shall be shared with Father always having physical custody of the children from 8:00 a.m. to 2:00 p.m. and Mother always having physical custody from 2:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Each party shall have physical custody for one uninterrupted week in the summer provided they give the other party 30 days prior notice and the location and telephone number where the children may be reached. 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 ?_ ce) BY THE COURT, 6 J.fesley Oler, Jr., V " J. cc" Vincent M. Monfredo, Esquire, Counsel for Father Susan Caniello, Esquire, Counsel for Mother 'OF i E S mate, IIJO108 .Irk a JUN 2 6 2nreh DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1919 CIVIL ACTION - LAW HEATHER WICKARD, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard May 10, 2005 Mother Jakob Wickard January 3, 2007 Mother 2. A Conciliation Conference was held in this matter on June 26, 2008, with the following in attendance: The Father, Dale G. Wickard, III, with his counsel, Vincent M. Monfredo, Esquire, and the Mother, Heather Wickard, with her counsel, Susan Candiello, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr., dated April 30, 2008 providing for shared legal custody, Mother to have primary physical custody, and Father to have periods of partial physical custody every Tuesday and Thursday from 2:00 p.m. to 6:00 p.m. and alternating weekends, Saturday and Sunday from 12:00 noon to 5:00 p.m. 4. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator ,F T DALE G. WICKARD, III, 2 : ,f : IN THE COURT OF COMMON PLEAS OF Plaintiff, I0?` `r WAB€ALAND COUNTY, PENNSYLVANIA CU?1/1 #QP'1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION - LAW Defendant. : IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes Plaintiff, Dale G. Wickard, III, by and through his attorneys, Turo Robinson, and avers as follows: 1. Plaintiff/Petitioner is Dale G. Wickard, III (hereinafter referred to as the "Father"), who resides at 305 Shughart Avenue, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Heather Wickard (hereinafter referred to as the "Mother"), who resides at 24 Terry Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of two children: Logan Wickard, born May 10, 2005, and Jakob Wickard, born January 3, 2007 (hereinafter referred to as "the Children"). 4. On June 30, 2008, an Order of Court was entered, pursuant to an agreement of the parties at a Custody Conciliation Conference, modifying while preserving the prior Order of Court, dated April 30, 2008, which provide the parties with shared legal custody of the Children and Mother with primary physical custody of the Children and Father with partial physical custody of the Children every Wednesday from 3:00 to 7:00 p.m. or 2:00 to 6:00 p.m. and every other weekend Saturday from Noon to 5:00 p.m. and Sunday from Noon to 5:00 p.m. (A true and corfact qgpy of the Orders of Court are attached hereto as Exhibit "A.")_; i ,. CD 5. These Orders should be modified because: 21 J-70. UU ?4C # ck ? y'y Ad- ?-yay5-y a. In practice, the parties have agreed to deviate from the Orders as follows: Father enjoys custody of the Children three days every week from 2:00 p.m. to 6:00 p.m. (Monday, Wednesday and Friday or, alternatively, Tuesday, Thursday and Friday during the Children's soccer season) and every over weekend Saturday from Noon to 5:00 p.m. and Sunday from Noon to 5:00 p.m. b. The custody arrangement above has been in practice for nearly the entire existence of the Order. C. Father is able to undertake and perform the primary parental responsibilities for the Children and to be the primary caregiver for the Children. d. Father provides a stable environment and is able to provide the care and nurture which the Children need for healthy development. e. The Children see the Father as a source of love and affection. f. The Children persistently express a desire to remain in Father's custody. g. At the custody exchanges in which Father receives custody, the Children are visibly excited, happy, and rush inside the door of his home. h. At the custody exchanges in which Mother receives custody, the Children are despondent; they weep and state that they wish not to leave Father's custody. i. Father encourages and will continue to encourage a positive relationship between the Children and Mother. j. Father will encourage, permit and allow the Mother frequent and continuing contact and physical access between the Children and the Mother. k. It is in the Children's best interest to spend regular, consistent and additional time with Father. Mother has indicated to Father that she intends to soon relocate with the children to Norristown, Pennsylvania, a location more than 100 miles away from Father's residence, and subsequently to Virginia Beach, Virginia, a location over 300 miles from Father's residence. WHEREFORE, Father respectfully requests that this Honorable Court modify the existing Orders to provide primary physical custody to the Father and partial physical custody to the Mother, and provide that Mother must give at least 30-days' notice to the Father if she intends to move out of Cumberland County, all of which will be in the best interest of the Children. Respectfully submitted, C j-19 t0 Date TURO ROBINSON Lorin Andr Si1q?k PA ID 03199 28 th Pitt Street C isle, PA 17013 17-245-9688 Aft for Plaintiff JUN S 02008 DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-1919 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of X&A? , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated April 30, 2008 shall remain in full force and effect with the following modifications and additions: 2. Paragraph 4A shall be deleted in its entity and replaced with the following: Every Wednesday from 3:00 p.m. to 7:00 p.m. if Father works the day shift and from 2:00 p.m. to 6:00 p.m. if Father works the night shift. 3. Paragraph 6 is deleted in its entity. 4. Paragraph 7 is deleted in its entity and replaced with the following: Transportation shall be shared such that the relinquishing party shall transport. 5. Holidays: A. Thanksgiving and Easter shall be shared with Father always having physical custody of the children from 8:00 a.m. to 2:00 p.m. and Mother always having physical custody from 2:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Each party shall have physical custody for one uninterrupted week in the summer provided they give the other party 30 days prior notice and the location and telephone number where the children may be reached. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, 6j J.Iesley tiler, Jr., V J. cx Vincent M. Monfredo, Esquire, Counsel for Father /Susan Caniello, Esquire, Counsel for Mother IT i E5 rn 0 6L X w APR 2 9 MR DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this_' 01 day of r - 2008, upon consideration of the attached Custody Conciliation 'Report, it is ordered and directed as follows: I . The Custody provisions dated March 18, 2008 of the PFA Order at No. 08-983 are hereby vacated. 2. The Father, Dale G. Wickard, III and the Mother, Heather Wickard, shall have shared legal custody of Logan Wickard, born May 10, 2005 and Jakob Wickard, born January 3, 2007. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical./treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Every Tuesday and Thursday from 2:00 p.m. to 6:00 p.m. unless otherwise agreed by the parties. • B. Alternating weekends beginning May 3, 2008, Saturday from 12:00 noon to 5:00 p.m. and Sunday from 12:00 noon to 5:00 p.m. C. Such other times as agreed by the parties. 5. Mother shall have physical custody of the children on Mother's Day. Father shall have physical custody of the children on Father's Day. 6. Father shall not transport the children by automobile without one of his parents being present. 7. Mother shall be responsible for all transportation unless Father relocates outside of a 25 mile radius of his current address. 8. The parties shall communicate via email. 9. Neither party may use physical discipline on the children. 10. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect for the other parent. 11. Neither party may smoke in the presence of the children in the home or vehicle and to the extent possible, not permit third parties to smoke in the children's presence. 12. Neither party may use alcohol or illegal drugs immediately prior to or during their periods of physical custody. 13. Father shall share his therapists' reports with Mother. 14. 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. Another Custody Conciliation Conference is scheduled for June 26, 2008 at 8:30 a.m. BY THE COURT, I ! cc: Vincent M. Monfredo, Esquire, Couns for Father .Gregory Hazlett, Esquire, Counsel for Mother ,if 6 &S mv ( &CL VERIFICATION I verify that the statements contained in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date D9fe G. Wickard, III Plaintiff DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order on counsel for Defendant by depositing the same in the United States Mail, first class, postage pre-paid on the Twentieth day of May, 2010, from Carlisle, Pennsylvania, addressed as follows: Susan K. Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 TURO ROBINSON Lorin Andrew nyll, PA ID # 20 99 28 South itt Street Carlisle, PA 3 717-245-9688 Attorney for Plaintiff DALE G. WICKARD, III, Plaintiff, V. HEATHER WICKARD, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1919 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance in the above-captioned matter on behalf of the Plaintiff, Dale G. Wickard, III. Respectfully submitted, Date Vincent M. Monfredo, Esquire PA ID # 206671 n Rominger & Associates -v - 155 South Hanover Street Carlisle, PA 17013 717-241-6070= PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter on behalf of the Plaintiff, Dale G. Wickard, III. o.r ko !D Date Respectfully submitted, TURO ROBINSON Lorin rhPift Snyder, PA ID 99 28 SoStreet Carlisl 7013.,- ire 717 DALE G. WICKARD III IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER WICKARD DEFENDANT 2008-1919 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, May 24, 2010 upon consideration of the attacfi c Co int,+ crri it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, >Esq,. , the?f one'ifi4or, at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, June 17, 2010 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the is4s im-&sp*; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into temporary order. 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/ ac ueline M. Verne Es q. 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. N _ Cumberland County Bar Association r_ J ?S 32 South Bedford Street a dy FT-1 47 Carlisle, Pennsylvania 17013 So2S/D ?, ?urcc? v Telephone (717) 249-3166 G r.. C) u 4 -c ~' ~u~ ~ a zo~a DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-1919 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ( ~ day of v , 2010, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. hereby vacated. 2. The Father, Dale G. Wickard, III and the Mother, Heather Wickard, shall have shared legal custody of Logan Wickard, born May 10, 2005 and Jakob Wickard, born January 3, 2007. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. The prior Orders of Court dated April 30, 2008 and June 30, 2008 are 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 3:00 p.m. to Monday at 7:00 p.m. B. Every Wednesday overnight from 3:00 p.m. to Thursday at 7:00 p.m. C. On the off Monday from 3:00 p.m. to 7:00 p.m. 4. Father shall be responsible for all transportation unless otherwise agreed. S. Holidays: A. Thanksgiving and Easter shall be shazed with Father always having physical custody of the children from 8:00 a.m. to 2:00 p.m. and Mother always having physical custody from 2:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Each party shall have physical custody for one uninterrupted week in the summer provided they give the other party 30 days prior notice and the location and telephone number where the children may be reached. 7. The parties shall communicate by email. Each party shall have reasonable telephone contact with the children. 8. Neither party may use physical discipline on the children. 9. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect for the other parent. 10. Neither party may smoke in the presence of the children in the home or vehicle and to the extent possible, not permit third parties to smoke in the children's presence. 11. Neither party may use alcohol or illegal drugs immediately prior to or during their periods of physical custody. 12. Father's girlfriend shall not take the children to the doctor unless in an emergency situation. 13. 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. W~~ley Oler, Jr ~cc: Lorin Andrew Snyder, Esquire, Counsel for Father ~ Susan Candiello, Esquire, Counsel for Mother ~' p. es rr~a: led 7/i~/~v J. ~_. ~= -- ~; -~ ~ ~ ~ :~ ,. - ~ - ; ,, C~7 ~__ _ , , ~,__ - `^ - - ` , ~ s ~~ ~ t , .. DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant PRIOR JUDGE: J. Wesley Oler, Jr., 3. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS qF CUMBERLAND COUNTY, PENNSYLVANIA N0.2008-1919 CIVIL ACTION -LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard Jakob Wickard May 10, 2005 January 3, 2007 Mother Mother 2. A Conciliation Conference was held in this matter on July 13, 2010, with the following in attendance: The Father, Dale G. Wickard, III, with his counsel, Lorin Andrew Snyder, Esquire, and the Mother, Heather Wickard. Mother's counsel, Susan Candiello, Esquire did not appear. 3. Prior Orders of Court have been entered by the Honorable J. Wesley Oler, Jr., dated April 30, 2008 and June 30, 2008 providing for shared legal custody, Mother to have primary physical custody, and Father to have periods of partial physical custody three evenings per week and one overnight on alternating weekends, along with a holiday schedule and vacation schedule. 4. The parties agreed to an Ordejer in the form as attached. ~ f Date acq line M. Verney, Esquire Custody Conciliator DALE G. WICKARD, III, Plaintiff, V. HEATHER WICKARD, Defendant. IN THE COURT OF COMMON Pj;.?A! OF CUMBERLAND COUNTY,_PINSYLIA NO. 08-1919 CIVIL AbN' LAi -71 IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Plaintiff, Dale G. Wickard, III, by and through his attorneys, Turo Robinson, and avers as follows: 1. Plaintiff is Dale G. Wickard, III (hereinafter referred to as the "Father"), an adult individual who resides at 305 Shughart Avenue, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Heather Wickard (hereinafter referred to as the "Mother"), an adult individual who resides at 24 Terry Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents of two children: Logan Wickard, born May 10, 2005, and Jakob Wickard, born January 3, 2007 (hereinafter referred to as "the Children"). 4. On July 14, 2010, an Order of Court was entered, pursuant to an agreement of the parties at a Custody Conciliation Conference, modifying the prior Order of Court, dated June 30, 2008, in part providing the parties with shared legal custody and providing Mother with primary physical custody of the Children and Father with partial physical custody of the Children alternating weekends from Friday at 3:00 p.m. to Monday at 7:00 p.m., every Wednesday from 3:00 p.m. to Thursday at 7:00 p.m. and every "off" Monday from 3:00 p.m. to 7:00 p.m. (A true and correct copy of the Orders of Court are attached hereto as Exhibit "A.") 5. In practice, the parties engage in a custody arrangement as follows: Father has physical custody of the Children every Monday from 2:30 p.m. to 7:00 p.m., 470.Oo PA A'ny 60 &41/5 0015lo70i0 every Wednesday from 2:30 p.m. to Thursday at 7:00 p.m., and every other weekend from Friday at 2:30 p.m. until Monday at 7:00 p.m. 6. This Order should be modified because Petitioner provides the Children with greater stability, discipline, and parental attention. 7. Petitioner is the primary caregiver for the Children. 8. The Children enjoy a set, stable and healthy routine in Petitioner's home. 9. The Children receive Petitioner's parental attention while in Petitioner's custody. 10. Respondent fails to provide parental attention to the Children when they are in Respondent's custody. 11. Respondent ignores the Children and instead devotes her attention to the telephone and the computer. 12. Respondent does not interact with Children when in her custody, except to yell at them. 13. Respondent merely places the Children in front of the television when in Respondent's home. 14. The Children sleep with the television on in their bedroom at Respondent's home, which Petitioner believes is not in their best interest. 15. Respondent fails to provide discipline for the Children. 16. The Children exhibit behavioral problems at Respondent's home that they do not exhibit in Petitioner's custody. 17. Respondent contacts Petitioner when the Children are in her care so that he may provide discipline over the phone, as Respondent has difficulty controlling the Children. 18. The Children obey Petitioner when he calls to provide the necessary discipline that Respondent cannot provide. 19. Respondent tells the Children that there are monsters in her basement that will hurt the Children if they do not obey her, which Petitioner believes to be wholly inappropriate. 20. Respondent's inappropriate comments have led Jakob to believe there are also monsters at Petitioner's home. 21. Petitioner addressed the situation by talking the matter over with Jakob and allaying the fears created by Respondent's irresponsible behavior. 22. Respondent also forces the Children to hold hot sauce in their mouths as punishment, which Petitioner believes to be abusive to the Children. 23. Respondent directs profane language at the Children when she is angry, despite Petitioner's continued admonition that Respondent control her anger and her language. 24. Respondent uses profane language in front of the Children, despite Petitioner's continued admonition that Respondent control her language 25. Four-year-old Jakob repeats Respondent's profanity. 26. Respondent refuses to pack a lunch for Logan to take to school. 27. Respondent also refuses to contribute to the Logan's school lunch fund, informing Petitioner that, "if you don't put [money] in, he won't eat." 28. At Petitioner's home, Logan and Petitioner make his lunch together, a task Logan enjoys tremendously. 29. When Petitioner receives custody, the Children are visibly happy to return to Petitioner's care and home. 30. When Respondent receives custody, the Children are visibly distraught to return to her custody and ask to remain in Petitioner's custody instead. 31. The Children have separately each volunteered to Petitioner that they would trade Respondent in for a new mother. 32. Logan requests Petitioner to come and take him from Respondent when he is in Respondent's custody. 33. The Children have separately each asked Petitioner if they can live with Petitioner instead of Respondent. 34. Respondent continuously attempts to start verbal fights with Petitioner in the presence of the Children and over the phone while in the presence of the Children, despite Petitioner's request that she not do so for the sake of the Children well-being. 35. When Respondent begins these enraged tirades in complete disregard of the Children's well-being, Petitioner simply kisses the Children goodbye and removes himself from the situation. 36. Respondent violates the Order by smoking in the presence of the Children. 37. Respondent violates the Order by habitually making health-related decisions without involving Petitioner until after the decision has been made. 38. Respondent refuses to cooperate with Petitioner's reasonable requests concerning custody while demanding that Petitioner accommodate Respondent's whims concerning custody. 39. Petitioner makes every effort to meet Respondent's reasonable requests for custody arrangements. 40. Petitioner provides a stable environment for the Children. 41. Father provides the majority of meals for the Children when they are not in daycare. 42. While in Petitioner's custody, the Children receive Petitioner's full attention, as Petitioner plays with the Children, feeds them dinner and clothes them. 43. The Children say to Petitioner that, "All mom does is talk on the phone and scream at us," and " I don't like my mom, she is mean to us." 44. The Children inform Petitioner that Respondent never takes the Children outside. 45. The Children's quality of life in Respondent's care is poor. 46. Petitioner is best able to provide the care and nurture which the Children need for healthy development. 47. Petitioner is the primary caregiver and is prepared to accept shared physical custody of the Children. 48. Petitioner encourages a positive relationship between the Children and Respondent. 49. The Father is better suited to provide for the Children's mental, physical and intellectual well-being. 50. The Children see the Petitioner as a source of love and affection. 51. Granting Petitioner shared physical custody will provide the stability, discipline and parental attention that the minor Children need. 52. Petitioner does not have any information of any custody proceeding concerning said minor children in any said court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term number. 53. Petitioner has not participated as a party, witness or otherwise any other litigation concerning the custody of said minor children in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 54. Petitioner does not know of any person not a party to these proceedings who has physical custody of the said minor children or who claims to have custody or visitation rights with respect to them. 55. The best interest and permanent welfare of Jakob Wickard and Logan Wickard will be best served by modifying the physical custody Order to better provide stability, discipline, and parental attention to the minor Children. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing Court Order of July 14, 2010, to provide equal, shared physical custody to Petitioner and Respondent, a modification that is in the best interest of the Children. Respectfully submitted, 0 3 Date TURO ROBINSON Lorin Andr Snyder, Elquire PA I D 03199 129 outh Pitt Street ' 717-245-9688 Attorney for Petitioner DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 41 94da of /_ Y , 2010, upon consideration of the attached Custody Co iliat n Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 30, 2008 and June 30, 2008 are hereby vacated. 2. The Father, Dale G. Wickard, III and the Mother, Heather Wickard, shall have shared legal custody of Logan Wickard, born May 10, 2005 and Jakob Wickard, bom January 3, 2007. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 3:00 p.m. to Monday at 7:00 p.m. B. Every Wednesday overnight from 3:00 p.m. to Thursday at 7:00 p.m. C. On the off Monday from 3:00 p.m. to 7:00 p.m. 4. Father shall be responsible for all transportation unless otherwise agreed. 5. Holidays: A. Thanksgiving and Easter shall be shared with Father always having physical custody of the children from 8:00 a.m. to 2:00 p.m. and Mother always having physical custody from 2:00 p.m. to 8:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. Each party shall have physical custody for one uninterrupted week in the summer provided they give the other party 30 days prior notice and the location and telephone number where the children may be reached. 7. The parties shall communicate by email. Each party shall have reasonable telephone contact with the children. 8. Neither party may use physical discipline on the children. 9. Neither parent may do or say anything nor permit a third party from doing or saying anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect for the other parent. 10. Neither party may smoke in the presence of the children in the home or vehicle and to the extent possible, not permit third parties to smoke in the children's presence. 11. Neither party may use alcohol or illegal drugs immediately prior to or during their periods of physical custody. 12. Father's girlfriend shall not take the children to the doctor unless in an emergency situation. 13. 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, 151 J. W sley Oler, Jr., IIAW- J. cc: Lorin Andrew Snyder, Esquire, Counsel for Father Susan Candiello, Esquire, Counsel for Mother TRUC COPY FROM RECORD.,, ,. Wdo me ' of 20 A? VERIFICATION I verify that the statements contained in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. - alzi Date Dale G. Wickard, III Plaintiff DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order on counsel for Defendant by depositing the same in the United States Mail, first class, postage pre-paid on the Sixteenth day of March, 2011, from Carlisle, Pennsylvania, addressed as follows: Susan K. Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 TURO ROBINSON Lorin-Andre nyder, Esq. PAID#2 199 129 So Pitt Stree Carlisl , PA 1701 717-2 5-96 Attorney or Petitioner DALE G. WICKARD, III IN THE COURT OF COMMON PLEAS O -S E c n PLAINTIFF CUMBERLAND COUNTY, PENNSYL A =-.n r ? ?Q V. 2008-1919 CIVIL ACTION LAW i C?' =Q HEATHER WICKARD Z c:> XT IN CUSTODY yC ?rn DEFENDANT -C ORDER OF COURT AND NOW, _ Monday, March 21, 2011 _ 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 Friday, April 29, 2011 at 9:30_ 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. 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/ ac ueline M. Verne Es . 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 32 South Bedford Street Y `' 5 Carlisle, Pennsylvania 17013 ,,,y/ Telephone (717) 249-3166 ct tj? a4 t)e-? 41-?' C1 p D-0 Fr "ICE f -PiCNOTA RY LIIIXAR2)I A il:c2 CUMBERLAND COUNTY DALE G. WICKARD, III, 1' E N N 5 YbNMMCOURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Defendant, HEATHER WICKARD, by her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to Petition's Petition for Modification of Custody and New Matter and in support thereof asserts as follows: 1. Admitted. 2. Admitted and by way of further explanation, Mother's address is 24 Terri Drive. 3. Admitted. 4. Admitted. 5. Denied, there is no difference between Father's visitation times in the court order and the times Father sees the children in "reality". 6. Denied. 7. Denied, by way of further explanation, Mother has Primary Physical custody of the children and therefore has the children more physical time than Father. Additionally, Mother is the only parent who cares for the children when they are ill. Mother is the only parent who takes the children to school and when there is no school for any reason, Mother is the only parent who provides care for the children. Mother cooks and plays with the children, helps them with their homework. Mother provides complete care for the children during her custodial periods. 8. Denied, by way of further explanation, Father has stated to Mother when he attempted to reduce his child support, he does not have money for food for the children while they are at his house, due to paying Mother child support. Father does not take care of the children in the morning or get them ready for school, his paramour does. Father does not cook, the children do not like Father's paramour's cooking, so the children primarily eat at restaurants or fast food chains when with Father. 9. Denied, Mother has no way to know what Father does with the children, apart from what: the children voluntarily tell Mother. The children frequently tell Mother, they sit in front of the television and Father does not do anything with them. 10. Denied, by way of further explanation, Mother not only cooks, assists with homework, gets the children ready for school in the morning, but, Mother also plays video games with the children such as "Guitar Hero", "Just Dance", "Zumba". Mother does building blocks and colors, two among many other activities with the children. 11. Denied, by way of further explanation, Mother only answers the telephone if it rings, she is not on the phone for long periods of time. Mother is only on the computer for such activities as their child, Logan's T-Ball games, for banking, etc. 12. Denied! 13. Denied! 14. Admitted in part and Denied in part, by way of further explanation, the children do have televisions in their bedrooms at Mother's home. These televisions were in their rooms while the parties were married. Father has stated to Mother he is upset he cannot afford televisions for the children's rooms. There are times, when the children are with Mother they "earn" the treat of being able to watch a special cartoon before bedtime in their rooms. Mother believes the television helps the children calm down and go to sleep. 15. Denied, by way of further explanation, Mother does discipline the children. Mother when disciplining the children primarily uses time outs, loosing toys and privileges. 16. Denied, by way of further explanation, Jakob, has exhibited behavioral problems at Mother's home and at day care. Jakob is very aggressive, wants to tackle, be rough, to other children. Jakob will jump on furniture. Father encourages Jakob's aggressive actions and wrestling. Mother and Father have discussed these problems with Jakob. Father has stated to Mother, he does not discipline Jakob. Mother is very concerned Father does not provide any consistent discipline for Jakob and ignores Jakob's problems while at day care. 17. Admitted in part and Denied in part, by way of further explanation, Mother did call Father once about Jakob, hoping Father and Mother could work jointly together to deal with Jacob's behavior problems, but, Father refused. 18. Denied, by way of further explanation, the one time Mother called for Father's assistance, Father refused to help and does not acknowledge Jakob's behavioral problems. 19. Denied, by way of further explanation, one time when the children were outside playing and Jakob was being very aggressive, Mother's neighbor told the children he has spiders and "1000 leggers" in his basement and if they did not listen to their Mother he would show them these bugs. These statements stayed with the children. Additionally, Jakob watched ET with Father and since then has talked about "monsters". 20. Denied, by way of further explanation, Mother has no way of knowing what Father and the children discuss. 21. Denied, by way of further explanation, Mother has no way of knowing what Father and the children discuss. However, the children still talk about the neighbors bugs in the basement and the "monsters" in the movie ET. 22. Denied in part and Admitted in part, by way of further explanation, as previously stated Jakob has behavioral problems. Father told Mother he does this and she should use "hot" sauce on Jakob's tongue when Jakob is exhibiting these negative behaviors. Mother only touches the top of the hot sauce bottle and then places her finger on the outside lip of Jakob. Mother has only tried this once or twice, but not since, despite Father's ongoing suggestions she do it. 23. Denied in part and Admitted in part, by way of further explanation, Mother believes she could have used some negative language, at times when she dropped something or hit her foot or something, but, Mother never curses at the children and Mother does not use profane language with any regularity in her communications. The children do like to watch "The Cat in the Hat" which has the words "son of a bitch". 24. Denied. Father has never told Mother not to use profane language. Mother has used profane language at times when talking to Father, when not in the presence of the children, regarding adult issues. Father has used profane language when talking with Mother when discussing adult issues and the children were not present. 25. Denied, by way of further explanation, Jakob does not use profanity at Mother's home. Jakob has learned some words at day care. Mother has no knowledge of what Jakob says at Father's home. 26. Admitted, by way of further explanation, Mother has attempted to pack lunches for the children and learned they do not eat the lunches, they want to buy lunches. 27. Admitted in part and Denied in part, by way of further explanation, At the support conference, Mother agreed to reduce Father's child support by $240.00. Father said he would pay for the children's lunches and other expenses if Mother would agree to do this. This is the reason, Mother insists Father pay for the children's school lunches. 28. Denied, by way of further explanation, Logan tells Mother, Father buys him "lunchables"; purchasing a packed meal and Father's paramour giving it to Logan in the morning, because Father is not there, is not "making lunch together". 29. Admitted, by way of further explanation, Mother agrees the children are happy to go to their Father's home and also are happy to come to her home. 30. Denied. 31. Denied, by way of further explanation, the children are warm and loving and interact in a positive manner with Mother, they tell each other they love each other frequently. Mother believes getting a "new Mother" are Father's words. 32. There have been a few times when Logan wanted to go to his Father's home. Mother has no problem with Logan going to his Father's home and has allowed Logan to call his Father these few times. Each time Logan has called his Father, Father tells Logan, this is not Father's time and he is busy and Logan needs to stay with his Mother, because this is Mother's time. 33. Denied, by way of further explanation, the children say they want to live with Mother, Mother believes they could tell Father they want to live with him. The children want both of their parents and love both of their parents. 34. Denied, by way of further explanation, Mother never confronts Father in the presence of the children. Mother always asks Father to step outside or tells Father she needs to speak with him and can he come over or meet at a time away from the children to talk. Father's paramour will not allow Father to speak with Mother alone, due to her jealousy, so Mother is always frustrated and not able to talk with Father. 35. Denied, by way of further explanation, these "tirades" do not occur. 36. Denied, by way of further explanation, Mother never, ever smokes in the home, or in the vehicle. Father regularly chews tobacco in the presence of the children. 37. Denied, by way of further explanation, December, 2010, (Father knew of appointment, but never attends any doctor's appointments) Mother took Jakob to an ENT for his chronic infections. Mother was told Jakob needed a T&A in the next 6 months, Mother scheduled the T&A and told Father when the T&A was scheduled. Father did call to schedule the reinsertion of tubes for Logan, but, only gave Mother the date and time for this to be done and did not take or accompany Logan. Father never takes the children to the doctors; Father never takes time off to take care of the children when they are ill. Father never cares for the children, if they are ill during Father's visitation time, they go back home to Mother. 38. Denied, by way of further explanation, Mother does not know how to respond to this statement, it is not clear. Mother has on several occasions made changes to the visitation schedule when requested by Father. 39. Denied, by way of further explanation, Father has never agreed to any request for a change in the visitation schedule requested by Mother. 40. Denied. 41. Denied, by way of further explanation, Mother has primary physical custody and provides all the children's meals when she has them, by definition, Mother provides more meals for the children than Father does. 42. Denied, by way of further explanation, Father's paramour purchases all the clothing Father gets for the children. Mother has no knowledge whether Father actually plays with the children and cooks for them. 43. Denied, by way of further explanation, due to all the interactions which Mother and the children engage in when they are in her custody Mother does not believe the children make these statements to Father unless coached by Father and they agree with Father to please him. 44. Denied, by way of further explanation, Mother and the children play outside on a regular basis. Father does not agree when Mother keeps the children inside during bad weather and cold winter weather. 45. Denied. 46. Denied. 47. Denied, by way of further explanation, Father is not even remotely the primary caregiver, Father only wants to reduce his child support. 48. Denied, by way of further explanation, simply reading the horrible, negative, lies Father has made about Mother strongly shows Father does not and will not encourage a relationship between the children and Mother. 49. Denied, by way of further explanation, Father is an alcoholic in rehabilitation. Father has been suicidal and a self mutilitator. Father has been and is supposed to be on medications for his mental health problems, specifically antidepressants, but refuses to admit he has any issues and does not take his medication. 50. Admitted, by way of further explanation, Mother does not believe the children do not love their Father. 51. Denied. 52. Admitted. 53. Admitted. 54. Denied. WHEREFORE, the Defendant, HEATHER WICKARD, requests this honorable court, continue SHARED LEGAL CUSTODY in the Defendant, HEATHER WICKARD and Plaintiff, DALE G. WICKARD, III and PRIMARY PHYSICAL CUSTODY in the Defendant, HEATHER WICKARD and PARTIAL PHYSICAL CUSTODY in the Plaintiff, DALE G. WICKARD, III, of the parties minor children, LOGAN WICKARD and JAKOB WICKARD. NEW MATTER. 55. Paragraphs 1 through 54 of this Answer are incorporated herein by reference thereto. 56. Father has made numerous statements about what is happening at Mother' s home. There is no way Father could know what Mother does with the children, unless Father either stalks Mother in her home or grills the children when they are with Father during his custodial period. The children have stated to Mother on numerous occasions, Father grills them with all types of questions about Mother and what happens at Mother's house. 57. Jakob is experiencing significant difficulties at day care. Jakob acts aggressive, but, is also being bitten by another child at day care. Father insists Mother not speak with the day care employees or take any action, Mother is working with the day care employees to solve these problems. 58. Mother has another child, Kenadee, who is 17 months old. Father enjoys interacting with Kenadee. Father's paramour, becomes extremely angry and jealous of Kenadee refusing to allow Father to interact with Kenadee, speak about her and have any photos of her. The children see and hear Father's girlfriend making very negative statements about their sister, Kenadee and see Father's resulting withdrawal from their sister. 59. Father's paramour, wants children of her own and demands Father have his vasectomy reversed, Father refuses. Father regularly meets with Mother trying to convince Mother to return to a relationship with him. Father regularly says he is breaking up with his paramour and cannot tolerate her any longer, for a long list of reasons. Mother has serious concerns about the relationship between Father and his paramour. 60. Father makes outrageously horrible statements about Mother, which suggest Mother is simply not a "fit" Mother, yet, Father is only seeking Shared Physical Custody of the children, which only adds some time to when Father has the children. This strongly shows, Father does not really want to be a Primary Parent, Father merely wants some more time to reduce his child support. 61. Mother always has the children with her during her periods of custody. Mother does on occasion take the children to be with her Mother, the Maternal Grandmother. Father does not provide care for the children all the time when he has custody. Father's paramour gets the children up and ready for school every morning. Father's paramour also provides some care in the evening. 62. Mother has missed 17 days from work to provide care to sick children. Father refuses to take off any time from work to care for sick children, even during Father's days of custody. 63. Mother and Father have engaged in sexual relations within the past few months, as Father continues to try to get Mother to return to their old relationship. Mother has serious questions about Father's commitment to his paramour. 64. Father's paramour has attempted 6 different educational goals, each time quitting for her own "reasons". Father's paramour never completes any educational course. Father's paramour currently takes anti-depressants. 65. When Father's paramour comes to any activities of the children, she ignores the children and talks on her cell phone or reads magazines. Father's paramour is only at the activity to be certain Father does not spend too much time with Mother and/or Kenadee. Father's paramour works on the weekends Father has the children to avoid them. 66. Father's paramour does not allow Father to have his children, for any reason on "her" weekends which are the weekends when Father does not have the children. Father's paramour does not allow Father to tell Mother what Father is doing with the children. 67. When Father comes to Mother's home to get the children, Father is welcome into Mother's home and if the children want to show their Father something in Mother's home Father goes with the children to see what the children want to show him. Father's paramour is also allowed to walk freely through Mother's home. Mother is not allowed inside the door at Father's home, for any reason. 68. Father's paramour refuses to interact with Mother to any degree, when Father went hunting, the children wanted to know if their Father got a deer, Father's paramour would not even answer that question when called by Mother, because the children were excited. 69. Even as Father tries to reunite with Mother, Father drills into everyone his paramour is "family". 70. Father repeatedly tells Mother his paramour wants to be married and have children, but, Father does not want any more children. Father also tells Mother he does not love his paramour, does not like having sex with her, but does not want to hurt her, so he lets her stay. 71. Father's paramour left him last Fall, when Mother came by to show Father how to do urinary tract infection tests on one of the children. Father's paramour tore up the instructions and ran out of the house. 72. Father's paramour becomes upset if Father's Father, the Paternal Grandfather interacts with his grandchildren. Basically Father's paramour does not want Father or Father's family to have anything to do with Mother and the parties' children. 73. Father does not take his prescribed medications. Father has taken wellbutrin and Zoloft. Father has turrets syndrome and is supposed to take medications for that, but does not. Father has a history of heart problems, Mother does not know the status of Father's heart problems. Father has a history of alcoholism. Father has been diagnosed with PTSD, but does not obtain treatment for it. 74. Mother is extremely concerned with Father's physical and mental health, Father's unstable relationship with his paramour, Father's unsupported angry lies, lashing out at Mother, and the effect Father and his paramour's thoughts, actions and behaviors could have on the children. WHEREFORE, the Defendant, HEATHER WICKARD, requests this honorable court, continue SHARED LEGAL CUSTODY in the Defendant, HEATHER WICKARD and Plaintiff, DALE G. WICKARD, III and PRIMARY PHYSICAL CUSTODY in the Defendant, HEATHER WICKARD and PARTIAL PHYSICAL CUSTODY in the Plaintiff, DALE G. WICKARD, III, of the parties minor children, LOGAN WICKARD and JAKOB WICKARD. Dated: March 28, 2011 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candi Attorney for the PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: ti( arch 18. go/ l JLI?g HEATHER WICKARD DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1919 CIVIL A( N- rn -v -- 7 x. HEATHER WICKARD,,r" - {0' Defendant. : IN CUSTODY -85 -n ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Dale G. Wickard, III, by and through his`attney"s, Turo Robinson, and avers as follows: 55. No answer required. 56. Denied. By way of further explanation, Father never "grills" the Children about any subject. The most Father or his girlfriend ask of the Children concerning Mother's custody time is, "How was your weekend?" or words to that effect. All information included in the Petition is from statements volunteered freely and consistently by the Children. 57. Admitted and Denied. By way of further explanation, after the incident, Mother became enraged and threatened what Father considered to be drastic measures against the day care without first gathering all the information. Father merely advised Mother to wait to see exactly what happened before she filed complaints with the state or filed suit against the day care. After the incident, Father himself went in to the daycare to talk to the teachers to find out that they were dealing with the situation satisfactorily. 58. Denied. By way of further explanation, Mother's statements consistently reveal nothing more than her simple paranoia that Father's girlfriend engages in actions that harm her relationship with the Children. Father does not interact with Mother's new child out of his own choice to avoid creating a parental bond with the child that Father believes would be inappropriate. Father's girlfriend never makes any negative statements about Mother or the Children's sister; in fact, Father's girlfriend volunteers to take Jakob to see his sister at daycare when the child asks to stop in to her room on the way in or out of daycare. 59. Denied. By way of further explanation, Father and his girlfriend have a very stable relationship that has existed for three and-a-half years. Any statement by Mother that Father tries to convince Mother to renew their relationship or that he is breaking up with his girlfriend are untrue and either intentional falsehoods or merely delusional on the part of Mother. 60. Denied. By way of further explanation, Father does not state that Mother is not "fit." Father's motives are to obtain more time with the Children and to maintain the Children's time with the Mother, because Father believes the Children should spend significant time with both parents. Father wishes that Mother will improve her behavior when confronted about it. 61. Admitted and Denied. By way of further explanation, Mother often has her adolescent neighbor Kelly babysit the Children during Mother's custodial periods. Father provides complete care of the Children when they are in his custody, as they enjoy a stable and healthy routine with Father. Father's girlfriend does provide valuable and safe assistance in taking the Children to and from school and daycare. 62. Denied. By way of further explanation, Father has often adjusted his work schedule to take the sick Children to appointments, going in early so that he can leave early to assist. Mother consistently asks Father to "help" her with the Children, and he complies in this manner when he is able to do so. 63. Denied. By way of further explanation, Father has not had sexual relations with Mother since before their marriage ended over four years ago. Any assertion otherwise by Mother is either a flagrant lie or the product of a delusional mind. Father has concerns about Mother's mental health because of statements such as this. 64. Denied. By way of further explanation, Father's girlfriend has attended various schools over the years all related to her career as a nurse; she has completed all satisfactorily except one, which she was forced to cease attending to help her mother take care of her dying father. She is currently near graduation in an LPN/RN program. Father's girlfriend's medical prescriptions are a private matter never shared with Mother. Mother illegally obtained medical information two years ago and Father is concerned that Mother may have violated the law again in obtaining this information concerning Father's girlfriend. Statements such as these made by Mother are not on point to Father's custody of the Children and reveal Mother's paranoid and destructive preoccupation with Father's girlfriend. 65. Denied. By way of further explanation, Father's girlfriend attends the Children's activities and is present to see the Children. Father attended all 14 games and practices in the Children's Fall 2010 soccer season and Father's girlfriend attended 13. Mother, in contrast, attended only two of those games and left halfway through one of them. Thus, not only is Mother ill-equipped to make such statements, Mother is not present, nor is Kenadee, and Father would not have the opportunity to spend time with them if he wanted to do so. As to the second statement, Father's girlfriend's schedule used to coincide with Father's custody weekends and Father's girlfriend had no choice in the matter. Currently, however, Father's girlfriend is present on his custody weekend because she is working less while attending school. Statements such as these made by Mother are not on point to Father's custody of the Children and reveal Mother's paranoid and destructive preoccupation with Father's girlfriend. 66. Denied. By way of further explanation, Father's girlfriend welcomes custody of the Children whenever Father has them and has never told Father not to tell Mother what he is doing with the Children. Father always makes sure the Children call Mother at night and they tell Mother what they did that day. Father, in fact, has taken the Children on his off weekends. 67. Admitted. By way of further explanation, Mother was once allowed in Father's home, but Mother has long since proven herself to Father to be dishonest and manipulative, as can be seen in the many blatant falsehoods contained in Mother's Answer and New Matter, and Father no longer wishes to welcome her into his home. 68. Denied. By way of further explanation, Father's girlfriend does interact with Mother in being polite and friendly; Father's girlfriend does not ignore Mother. Father's girlfriend once attempted to interact with Mother in a more meaningful way, but Mother used the interaction as an opportunity to be dishonest and manipulative, and Father and Father's girlfriend feel it unwise for Father's girlfriend to interact with Mother beyond courtesy. As to the second matter, on the occasion that Father was hunting, the Children called before Father returned and Father's girlfriend did not yet know whether or not Father had got a deer. 69. Denied. By way of further explanation, Father does not try to reunite with Mother. Father has stated that Father's girlfriend should be considered "Family" in a colloquial sense. This statement was made on one occasion after Mother became enraged when one of the Children took a picture into school for a family tree project that happened to include Father's girlfriend. Mother would not allow the child to take the picture and drilled into the Children that Father's girlfriend is not "family." Statements such as these made by Mother are not on point to Father's custody of the Children and reveal Mother's paranoid and destructive preoccupation with Father's girlfriend. 70. Denied. Father makes no such reports to Mother. Father does not discuss at all with Mother his relationship with his girlfriend. Statements such as those made by Mother are irrelevant to Father's custody of the Children and reveal Mother's paranoid and destructive preoccupation with Father's girlfriend. Moreover, these statements are transparently designed to be vexatious and to harass Father. 71. Denied. By way of further explanation, Father and Father's girlfriend have never split up over the course of their relationship. On the occasion in question, when Mother brought urinary test strips to Father's house, which Mother had stolen from her place of work, Father's girlfriend was not even present at the house. Mother's untrue statement is again either a blatant falsehood or a product of a delusion on the part of Mother. Statements such as these made by Mother are not on point to Father's custody of the Children and reveal Mother's paranoid and destructive preoccupation with Father's girlfriend. 72. Denied. By way of further explanation, Father's girlfriend is very close with both of Father's parents, and Father's girlfriend goes with the Children and Father to visit the Paternal Grandparents. 73. Denied. By way of further explanation, Mother's list of Father's medications is inaccurate, Father always takes his medications as prescribed, and the conditions with which he has been diagnosed are well under control. This is not only a blatant falsehood, but Mother should have no way of knowing the status of Father's compliance with medication unless she is spying on him. Father does not have a "history" of heart problems. Father had one checkup and Mother absconded from the doctor's office with Father's test results, in likely violation of the Health Insurance Portability and Accountability Act (HIPAA). Father's now-defunct issues with alcohol occurred before the Children were ever born. 74. No answer required. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the existing Court Order of July 14, 2010, to provide equal, shared physical custody to Petitioner and Respondent, a modification that is in the best interest of the Children. Respectfully submitted, d 1-//)h j Date TURO ROBINSON Lorin Andrew nr, Esquire PAID#2 199 129 So Pitt reet Carli e, P 013 Z'S-9688 Attorney for Petitioner VERIFICATION I verify that the statements contained in the foregoing Answer to New Matter are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. , i/nh/ i Y, -xtl? Date D G. Wic ard, III Plaintiff DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION - LAW Defendant. : IN CUSTODY CERTIFICATE OF SERVICE I, hereby certify that I served a true and correct copy of the foregoing Answer to Matter on counsel for Defendant by depositing the same in the United States Mail, first class, postage pre-paid on the Nineteenth day of April, 2011, from Carlisle, Pennsylvania, addressed as follows: Susan K. Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 TURO ROBINSON Lorin Andr ;r, Esq. PA I D # 31129 S th Pit Carli a 717-245-9688 Attorney for Petitioner DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 : IN CUSTODY CIVIL ACTION - LAW ORDER OF COURT n, C c=a -0z = cxa M ?a AND NOW, this _ day of M . , 2011, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. / , of the Cumberland County Court House, on the day of 2011, at •'3G o'clock, _4. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Orders of Court of the Honorable J. Wesley Oler, Jr. dated June 30, 2008 and July 14, 2010 shall remain in full force and effect with the following modification and addition. 3. The parties shall cooperate with a custody evaluation. Counsel for the parties shall agree on the evaluator. The parties shall share the cost of the evaluation. 4. 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: Lorin Andrew Snyder, Esquire, counsel for Father ./ Susan Kay Candiello, Esquire, Counsel for Mother C7? rT- =? ca .r o 0,,i,, t4o-1W j/5/1f DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant Prior Judge: J. Wesley Oler, Jr., J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard May 10, 2005 Jakob Wickard January 3, 2007 Mother Mother 2. A Conciliation Conference was held April 29, 2011 with the following individuals in attendance: The Father, Dale G. Wickard, III, with his counsel, Lorin Andrew Snyder, Esquire, and the Mother, Heather Wickard, with her counsel, Susan Kay Candiello, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated June 30, 2008 and July 14, 2010 providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical on alternating weekends from Friday to Monday and every Wednesday overnight. 4. Father's position on custody is as follows: Father seeks shared legal custody and shared physical custody on a 4/3/3/4 schedule. Father maintains that Mother is not attentive to the children and that she is the cause of their negative behaviors. Father is willing to share the cost of a custody evaluation. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having alternating weekends and no overnights during the week. Mother believes the current custody schedule is causing the children to have behavior problems. Mother is willing to share the cost of a custody evaluation. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo. It is expected that the Hearing will require one day. 4--2-9-t( /Vl V Date Jac line M. Verney, Esquire Custody Conciliator DALE G. WICKARD, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA c V. CIVIL ACTION - LAW rnri= za?o M -urn HEATHER WICKARD, cnr'" --- o° Defendant NO. 08-1919 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION S OF CUSTODY ORDER ri BEFORE OLER J ORDER OF COURT AND NOW, this 18" day of2011, upon consideration of Plaintiff's Petition for Modification of a Custody Order with respect to the parties' children, Logan Wickard (d.o.b. May 10, 2005) and Jakob Wickard (d.o.b. January 3, 2007), and following a hearing on August 15, 2011, which has not yet been completed, the children's school district shall be the South Middleton School District. IN ALL OTHER RESPECTS, the order of court dated July 14, 2010, shall remain in full force and effect. Lorin A. Snyder, Esq.. 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff BY THE COURT, i 1' ti. J/' "Wesley O r, Jr., J. u Susan K. Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Defendant CoP' 8? o?? :rc DALE G. WICKARD, III, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HEATHER WICKARD, Defendant NO. 08-1919 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY ORDER ORDER OF COURT AND NOW, this 24th day of August, 2011, a further period of hearing is scheduled in the above matter for Monday, December 12, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Lorin A. Snyder, Esq. 129 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Susan K. Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Defendant BY THE COURT, J. esley Old, Jr., J. MaAllAd 8?a5'nK6 cs C 2= c' r U r M -> q7 c-n rn :rc T DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY PENNSYLN vs. , . NO. 2008-1919 CIVIL TERM rn x C_ i - -Om cn? , ;z) HEATHER WICKARD, CIVIL ACTION -LAW DEFENDANT/PETITIONER ACTION FOR CUSTODY = - ' PETITION FOR SPECIAL RELIEF Defendant/Petitioner, HEATHER WICKARD, files this Petition for Special Relief, and in support thereof, avers as follows: 1. The Defendant/Petitioner is HEATHER WICKARD, (Sometimes also known as "Mother"), who resides at 113 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Plaintiff/Respondent is DALE G. WICKARD, III, (Sometimes also known as "Father"), who resides at 8 Raylen Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 3. The parties are the natural parents of LOGAN WICKARD, date of birth: May 10, 2005 and JAKOB WICKARD, date of birth: January 3, 2007. 4. Immediately following the court order that Logan to attend South Middleton Elementary School, Mother moved to enable her residence to be close to the school Logan would attend and to enable all three (3) of her children to attend the same school. 5. Soon after Mother moved to be close the Logan's school, Logan and Jakob returned home from their visit with Father withdrawn and upset. That evening as Mother asked them about what was wrong, they tearfully, shared with their Mother, their Father had made them take down their pants and had taken his belt and hit them on their butts with his belt. As the boys x'70, 00 /? ? ?sy3 ? recanted this experience with their Mother they were experiencing such fear they urinated on the floor. 6. Mother immediately contacted Father to ask about the situation which the boys had shared with her. Father adamantly denied everything. 7. Not believing her sons would just make something like this up out of the blue, Mother contacted Children and Youth to assist her to uncover what had occurred. 8. When Father was contacted by Children and Youth, the boys told their Mother, Father threatened them, telling them if they told anyone what he did, he would go to jail and they would never see him again. The boys were terrified as they shared Father's statement with Mother. 9. Mother wants the boys to attend counselling to deal with what occurred with Father. Father adamantly refuses to allow the boys to go to counselling. 10. Jakob has experienced speech difficulties since he began talking. 11. Mother has asked Father to agree to have Jakob's speech evaluated to determine whether Jakob requires speech therapy prior to going to kindergarten. Father adamantly refuses to allow Jakob to be evaluated for any speech therapy. 12. Father angrily accuses Mother of over exaggerating everything with the boys and Father refuses to communicate on any level with Mother. 13. Mother and Father are not able to communicate to jointly make any decisions regarding the best interests of the children. 14. Mother believes it is in the children's best interest that a Co-Parenting Co-Ordinator be appointed by the court, to provide Mother and Father with a procedure to address questions and issues directly concerning the boys, for which a decision is needed and obtain a resolution while the Co-Parenting Co-Ordinator assists the parties to learn methods of communication. WHEREFORE, Defendant/Petitioner, HEATHER WICKARD, respectfully requests that this Honorable Court Order the minor children, LOGAN WICKARD and JAKOB WICKARD, shall attend counselling and JAKOB WICKARD shall have a speech evaluation to determine whether JAKOB requires additional speech therapy. A Parent Co-Ordinator shall be appointed who can provide education and guidance to the parents for issues involving their children. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: October 3, 2011 Counsel for Defe ant/Pei PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. -IV ?Ja A.All DATED: HEATHER I?YICKARD 5 DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT ff AND NOW, this -?11/ day of OL-y11lG- , 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the i day of , 2011, at q; 3e, o'clock, . M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Orders of Court of the Honorable J. Wesley Oler, Jr. dated June 30, 2008, July 14, 2010, May 2, 2011 and August 18, 2011 shall remain in full force and effect with the following addition. 3. Mother shall contact CAIU to schedule an appointment for a speech evaluation for Jakob. Mother shall notify Father of the time, date and location of the evaluation on the same day that she makes the appointment. Both parents may attend the evaluation. c c - -aama = 4. The parties may modify the provisions of this Order by mutual enQln s 'a the absence of mutual consent, the terms of this Order shall control. © Q r -tt--) C) -n C BY THE COURT A no O p ? , -4 CO J. Wesjay-?, J. I/ -erj cc: Lorin. Andrew Snyder, Esquire, counsel for Father OOP s ?[o-< is Susan Kay Candiello, Esquire, Counsel for Mother '' Ill 0 6 DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1919 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard May 10, 2005 Mother Jakob Wickard January 3, 2007 Mother 2. A Conciliation Conference was held in this matter on October 28, 2011, with the following in attendance: The Father, Dale G. Wickard, III, with his counsel, Lorin Andrew Snyder, Esquire, and the Mother, Heather Wickard, with her counsel, Susan Kay Candiello, Esquire. 3. Prior Orders of Court have been entered by the Honorable J. Wesley Oler, Jr. dated. June 30, 2008, July 14, 2010, May 2, 2011 and August 18, 2011 providing for shared legal custody, Mother to have primary physical custody, and Father to have periods of partial physical custody on alternating weekends, Friday to Monday, every Wednesday overnight and during the evening of the off Monday. It is also ordered that the children attend South Middleton Schools. 4. There is currently a hearing scheduled before the Honorable J. Wesley Oler, Jr. on December 12, 2011 which is a continuation of a hearing on Father's Petition to Modify. Mother has filed a Petition for Special Relief seeking an Order for the children to attend counseling and the appointment of a parenting coordinator. 5. Mother's position on custody is as follows: Mother seeks counseling for the children asserting that Father beat them with a belt which caused emotional trauma to them. Mother also asserts that the parties cannot communicate concerning custody matters and seeks the appointment of a parenting coordinator. Mother also seeks a speech evaluation for Jakob. 6. Father's position on custody is as follows: Father denies the allegations that he beat the children with a belt. He also denies that the children experienced any emotional trauma. He maintains that there is no need for a parenting coordinator, as he can communicate with Mother. Father does not believe Jakob needs a speech evaluation and indicates that he consulted with the child's daycare provider regarding this matter. Nevertheless, he is willing to cooperate with a speech evaluation. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and maintaining the status quo, except to include the scheduling of a speech evaluation. It is expected that the Hearing will be scheduled on the same day as the current continued hearing is scheduled, December 12, 2011. 6 a8 Date ac eline M. Verney, Esquire Custody Conciliator DALE G. WICKARD, III, Plaintiff v HEATHER WICKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1919 CIVIL TERM IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT Mal 5 ?p cs AND NOW, this 12th day of December, 2011, upon C+ 'Tt 'rtrn z? °rn zr consideration of Plaintiff's Petition for Modification of a Custody Order with respect to the parties' children, Logan Wickard (date of birth, May 10, 2005), and Jakob Wickard (date of birth, January 3, 2007), and of Defendant's Petition for Special Relief, and following a second period of hearing, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional period of hearing. It is noted that at today's proceeding neither counsel had presented any further exhibits. Neither counsel has requested that the notes of testimony from today's proceeding be transcribed and filed. Prior to the next period of hearing, the Court will enter a further interim order in this case. T.. LL. H..__.L Lorin A. Snyder, Esquire 129 South Pitt Street Carlisle, PA 17013 For Plaintiff Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 For Defendant :mae 141 le5 OP- 01j ;?o DALE G. WICKARD, III, IN THE COURT OF COMMON P 09 Plaintiff, CUMBERLAND COUNTY, PENN AiA -?? rv "Q V. NO. 08 -1919 HEATHER WICKARD,- Defendant. CIVIL ACTION - CUSTODY -?{ STIPULATION THIS STIPULATION is entered into this /,?day of , 2012, by and between Dale G. Wickard, III, and Heather Wickar , pursuant an Order of Court dated December 13, 2011. 1. The parties agree that the record of the August 15 and December 12, 2011 hearings before the Honorable J. Wesley Oler, Jr., may be incorporated into the record of hearing before the new judge, the Honorable Albert H. Masland. 2. The parties agree that the Plaintiff, Dale G. Wickard, III, will pay the full cost of the transcripts. WHEREFORE, agreeing to be legally bound, the parties affix their signatures. ale G. Wickard, III Plaintiff Lorin AAdrew Snydcr, Esq: Attorn6v for Plaintiff e her kard Defendant Susan a ello, Esq. Attorne for, endant DALE G. WICKARD, III, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER WICKARD, DEFENDANT 08-1919 CIVIL TERM ORDER OF COURT AND NOW, this _T7 day of February, 2012, counsel having filed a stipulation per Judge Oler's order of December 13, 2011, a further hearing shall commence at 8:45 a.m., Wednesday, April 4, 2012, in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, G55' ? Lorin Andrew Snyder, Esquire For Plaintiff ? Susan Kay Candiello, Esquire For Defendant :saa©p; Iec7 O;CG Albert H. Masland, J. _ 'n ;-n = ;Z; CD V- W ,-D DALE G. WICKARD, III, Plaintiff V. HEATHER WICKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1919 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of April, 2012, after the third and final hearing on this custody matter involving not only issues of modification but also special relief, we direct that the parties continue with the existing custody schedule until further order of court. Pending that order, we strongly urge the parties to discuss the possibility of parental counseling with one another. If they are unable to agree on a counselor, the Court's ensuing order will direct them to a particular counselor. By the Court, Albert H. Mas and, J. : Cri C= :n. Lorin A. Snyder, Esquire x For Plaintiff Susan K. Candiello, Esquire For Defendant prs 6OP',(-5 iii DALE G. WICKARD, III, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER WICKARD, DEFENDANT : 08-1919 CIVIL TERM rd- AND NOW, this day of May, 2012, following hearings before the Honorable J. Wesley Oler, Jr., on August 15, 2011 and December 12, 1011 and before the undersigned on April 4, 2012, regarding the above-captioned parents' physical and legal custodial responsibilities of their minor children, Logan Wickard, DOB: May 10, 2005, and Jakob Wickard, DOB: January 3, 2007, and pursuant to the court's opinion of this same date, we hereby dispose of all outstanding issues and ORDER AND DECREE that it is in the children's best interests, that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by theparents, after discussion and consultation with each other, with a view to*ard obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the children's medical, dental, religious and school records, the address of the children and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, 08-1919 CIVIL TERM physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing (enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parentis shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the -2- 08-1919 CIVIL TERM other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children. g. The parents should renumber that they cannot teach the children proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the children's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children, as outlined in paragraph 4 herein. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. -3- 08-1919 CIVIL TERM C. Day-today decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate) in a prompt fashion with the other parent concerning the well-being of their' children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the children's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The parents will not deviate from the regular custody schedule because of their children's birthday. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. -4- 08-1919 CIVIL TERM 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Physical Custodial Responsibility Schedule: a. The parties shall have shared physical custodial responsibilities for their children. There shall be no change to the current schedule until Logan completes school in June. During the 2012 summer vacation, the parties shall alternate custody on a weekly basis. Father shall have custody of the boys beginning on the first full week of summer vacation, from Friday at 5:00 p.m. until the following Friday at 5:00 p.m. The parties shall thereafter alternate weeks throughout the summer unless and until they reach an agreement to do otherwise. b. On or before July 15, 2012, the parties shall submit to the court an agreed upon schedule for custody that addresses the 2012-2013 school year, holidays and future summer vacations. It is anticipated that the parties will have assistance in this process through the services of either a parenting counselor or a parenting coordinator, as set forth in paragraph 16. However, if the parties are unable to agree to a schedule, counsel shall notify the court and the court will issue a supplemental order that delineates the arrangements for physical custody. 5. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. If a parent is unable to keep an appointed exchange time or other appointment for the children, he or she should give immediate notice to -5- 08-1919 CIVIL TERM the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. g. The parent should prepare the children custody to the other parent mutually agreed upon. relinquishing physical custodial responsibility both physically and mentally for the transfer of and have them available at the time and place 6 a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence, walking them to that parent's front door. b. Both parents shall ensure that the children use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7 a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children' which might interfere with regular visitation. e. During the tunes that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's EM2=: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. -6- 08-1919 CIVIL TERM 9. ftmi1y Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing child- care providers. Each parent has the right of veto over child-care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parenis shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their children spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. This provision dkus not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. 11. Safety: a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. C. Both parents shall carefully read "7 Steps to Provuc ng Our Children" and "Preventing Children from Encountering Dangers Online" at www. darkness2light. com within 30 days of the date of this Order. 12. IllegaDgW, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members find/or house guests comply with this prohibition. -7- 08-1919 CIVIL TERM b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not' excessive) e- mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address f' r themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule o r significantly impair the ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Counseling: a. The parents may enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents may enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussion with the other parent, unless said advance notice is determined by a licensed professional not to be in the best interests of the children. -8- 08-1919 CIVIL TERM 16. Co-Parenting Counseling Coordination: a. The severity of the parties' communication problems requires the services, at a minimum, of a co-parenting counselor. A co-parenting counselor or coordinator will enable the parties to not only resolve their communication issues, but will also assist them in framing the details fear their shared custody arrangements that remain undetermined under paragraph 4. b. The court refrains from appointing a counselor or coordinator without the parties' input. Instead, we afford them two weeks from the date of this order to agree upon either a co-parenting counselor or a co-parenting coordinator. If the parties are unable to agree, counsel shall notify the court no later than June 7, 2012 of the status of their discussions, including the names of the counselors /coordinators that have been proposed. C. In determining which counselor of coordinator to appoint, the court will consider the individuals proposed by the parties as well as all other qualified professionals. 17. Modifications or Divutes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision-making with respect to the children. 18. C temvt: a. Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. 19. AdmQwledgement of Order: Within 14 days of this Order, each parent shall provide a notarized statement to the other parent's attorney and to the court to the effect that they have read the -9- 08-1919 CIVIL TERM provisions of this order, in general, and paragraphs 2, 4, 11 and 16 in gatkvW. The affidavit will be promptly faxed to counsel for the other parent and the court. BY THE COURT: Albert H. Masland, J. Lorin Andrew Snyder, Esquire For Plaintiff ? Susan Kay Candiello, Esquire For Defendant c a :saa ;es w+a•"J? S/a3 is 3 - Zr N ?f-V 01 -10- DALE G. WICKARD, III, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER WICKARD, DEFENDANT 08-1919 CIVIL TERM IN RE: CUST00Y = Masland, J., May.231 2012:-- Dale G. Wicka rd, III, (Father) and Heather Wickard (Mother) are the natural parents of Logan Wickard, born May 10, 2005 and Jakob Wickard born January 3, 2007 (Children). Father initiated this custody action on March 26, 2008. Following at bast three conciliation conferences the Honorable J. Wesley Oler, Jr., issued an order of court on July 14, 2010, which set forth the parties custodial responsibilities. Pursuant to that order the parties share legal custody with Mather having primary physical custody subject to Father's partial custody. Father enjoys alternating weekends from Friday at 3:00 p.m. to Monday at 7:00 p.m., every Wednesday overnight from 3:00 p.m. to Thursday at 7:00 p.m. and every "off" Monday from 3:00 p.m. to 7:00 p.m. The current saga began on March 16, 2011 when Father filed a petition to modify custody. By order of court dated May 2, 2011, a hearing was scheduled for August 15, 2011 and the parties were directed to cooperate in obtaining a custody evaluation. Bruce Eyer, M.S. completed the evaluation and issued his report on August 5, 2011. 08-1919 CIVIL TERM A hearing was held before the Honorable J. Wesley Oler, Jr., on August 15, 2011, but was not completed, and a second hearing was scheduled for December 12, 2011. In the interim, on October 4, 2011, Mother filed a petition for special relief requesting the court to order both minor Children to attend counseling, for Jakob to have a speech evaluation and for a parenting coordinator to be appointed. At a conciliation conference on October 5, 2011, the parties agreed to the terms of an order of court that was dated October 31, 2011, which addressed Jakob's speech evaluation and consolidated the remaining special relief issues for the December 12, 2011 hearing. Once again, the parties were unable to present their entire case to the court on December 12, 2011, and, with Judge Oler approaching retirement, the matter was transferred to the undersigned. Judge Oler issued an order on December 13, 2011,'', that maintained the prior orders of court, banned corporal punishment, required compliance with recommendations of Jakob's forthcoming speech evaluation and permitted Logan to participate in extracurricular activities. Pursuant to the direction of Judge Oler, on January 19, 2012, the parties stipulated that the record of the August 15 and December 12, 2011 hearings before Judge Oier would be incorporated into the record of the hearing before this court. Finally, although Judge Oler did not address the issues of counseling for the Children and the request for a parenting coordinator following the December hearing, we advised the parties in our preliminary comments on April 4, 2012, that, contrary to Father's contention, those issues remained open for -2- 08-1919 CIVIL TERM consideration. In considering the best interests of the Children, we will keep a full quiver of options, including counseling and parenting coordination. Based on our review of the transcripts, the evidence presented on April 4, 2012, the recommendations of the custody evaluator and our review of the relevant custody factors, shared legal and physical custody is in the best interests of the Children. The accompanying order will provide for the same and also provide the parties with an opportunity to proceed with co-parenting counseling, and, perhaps, with a co-parenting coordinator. The following analysis will address the salient points that led to our decision. A. CUSTODY EVALUATOR The court's fiat-hand experience with the parties on April 4, 2012, provided a much-nedded third dimension to the transcripts, the evaluation and the filings. In short, our observations confirmed our initial reaction that "what we have here is a failure) to communicate."' Sadly, we have more than at mere failure to communicate properly, and Logan and Jakob are not actors who can move onto the next performance regardless of their fate on the screen. What we have is a communication gap that threatens to cripple these boys fart more than a few warts on the feel;. Thus, it was not surprising that when Mr. Eyef was queried with one of many hypotheticals, he redirected counsel and the parties to the real issue: I think the greater factor for their future wellbeing and develont would be for their parents to communicate better On issues, even as big as this one, but certainly there 'Cool Hand Luke, Wam$r Bros. (1967). -3- 08-1919 CIVIL TERM will be many other issues down the road for them to discuss and hopefully reach an agreement on. When the boys sense their parents communicating and reaching an agreement and being in agreement, as they probabl ' haven't over this past year or better part of a year, I think th t goes a long way to settling them emotionally and giving t em an emotional climate that is more peaceful and less str ined. till right now they probably sense that their parents are at ds in a pretty big way, and they probablydon't sense that their parents are communicating with each' other or are Ion pretty even terms with each other and pretty comfortoble in each other's close proximity. For example, in exchan s of the boys' care. JhZs is an even more important fundamental factor then where they go to school next year, and I just wish the parents could find a way to compromise with each other, listen to each other, and make decisions, without, you know, the court having to do so for them, but that is not always The court could not agree more with the assessment of Mr. Eyer. Although, technically, the parties could each point to sections of his testimony and/or evaluation to show why each is the best parent, ultimately, those arguments amount to merely rearranging the deck chairs on the Titanic. Practically, this ship will sink if the parties do not learn to communicate. This leads to the issue of a parenting coordinator. Mr. Eyer stated the case succinctly at the close of his evaluation: It is strongly recommended that both parents identify a professional counselor who both feet comfortable rneeting with and who is skilled and experienced in providing co- parenting counseling. It is recommended that both parents engage in co-parenting counsekng for the purposes of (1) devel ing better communication and parenting their sons, and ((22) strengthen their good faith cooperation and wiilinchess/ability - to reach compromises and agreements 2 Transcript of proceedi gs August 15, 2011, p. 36, 37. -4- 08-1919 CIVIL TERM with each other in the future, as their sons' needs change and develop with time.3 Just as we concurred in Mr. Eyer's assessment of the problem, we concur with his assessment Of the solution - co-parenting counseling. Perhaps, because Mother requested such counseling, Father remained steadfastly opposed to it? In any case, there was an obvious disconnect in Father's case. How he and his witnesses could recount the repeated difficulties in communication and yet decline the offer of a possible solution boggy the mind. Perhaps, Father is aware of an insurmountable obstacle to co-parenting? Perhaps, we are wrong in concurring with the recommendation of Mr. Eyer? Regardless, we urge 'Father to consider the possibility that this counseling actually provides the (best hope for the future. Against this backdrop from Mr. Eyer, the court heard extensive "updates" from the parties on Matters previously testified to ranging from hygiene, health issues and clothing all the way to "heaven and the devil." In a few short hours the court heard about this case "warts and all," literally and figuratively. As noted in court following thel hearing, we are less concerned about temporary dirtiness than we are about children considering the eternal resting place of one of their parents. Generally, questions of damnation do not come from children of such tender years unless there have been "suggestions" from the adults in their lives. Kids catch a lot of things from what adults say and do, and someone is making some unflattering statements regarding Mother. ' PL's Ex. No. 1, custody evaluation report of Bruce Eyer, M.S. -5- 08-1919 CIVIL TERM Ultimately, we found Mr. Eyer's report to be helpful and persuasive. Father contended that "Mr. Eyer only saw the tip of the iceberg." Certainly, the same can be said of our analysis. Nevertheless, we are satisfied that when holding Mr. Eyer's report and the testimony up against the light of the custody factors, the best interests of the boys can and should be met by shared legal and physical custody. E. REVIEW OF CUSTODY FACTORS - 23 P&C.S. Section 5390(a) Although the court reviewed all sixteen factors, we summarize only those that were of critical importance to our analysis. Which party ids more ilkety to encourage and Rwn* frequqW and continuing contact between the child and arm party ( #1)) Neither party is particularly encouraging of contact by the other parent. However, the sense we get from the focus, tone and weight of Father's case is that despite his claim that he encourages a positive bond with Mother, there is an underlying current that not only discourages such contact but suggests to the boys that their Mother is unfit. No doubt, when Jakob was asked to hold up his dirty right foot for a picture, the suggestion that Mother was bad for allowing him to go to nursery school in flip flops (after having warts removed) was as clear as the expression on his face.4 Mother's explanation that Jakob's feet were swollen as a result of the procedure to remove the warts was more than satisfactory to the court. Unfortunaltely, this explanation was either not transmitted to or a Pl.'s Ex. No. 2. -6- 08-1919 CIVIL TERM received by Father. Had that two minute discussion taken place, the parties would have been spared an extra hour in court. All of this is not to say that Father, or his family, explicitly conveys negative feelings to the boys, but it is unlikely that they do a very good job of concealing them either. Nevertheless, we believe that both parties are capable of permitting frequent and continuing contact at least pursuant to a court order, if not on their own. The present and past abuse corwrrrrlthrd by eldrer pJOY or nmrnber of this party's household, wh~ there Is a con0nued risk of harm to the child o? an abused party and which party can better provide ade aft physical sefisfjuards and supervision of the child. (Section 5:(aK2)) Although the court received testimony regarding Father's alleged use of a belt and duct tape as' punishment, the concerns did not rise to a level that the court sensed a true risk of harm to the children. We do not condone or encourage corporal punishment, but note that, like Father's concerns over warts and jogging pants, we have not been presented with any credible risk to the Children. The panwbi duties performed by each party on behalf of the child (Section 5328(a)(3)) We are comfortable that both parties are capable of adequately performing their parental responsibilities and have indeed done so in the past. The need fort stability end continuity in the child's education, family I& and cominunily ift (6328(a)(4)) Both parties have provided a good foundation for the Children. Limiting Mother's involvement, as proposed by Fattier, would be counter-productive to -7- 08-1919 CIVIL TERM their need for stability and continuity. Likewise, it would be unwise to limit Father's involvement. Instead, we hope to maximize the involvement of both. The availability of extended family (Section 5328(&X5)) Logan and Jakob are fortunate to have caring family members' on both sides of this battle. Hopefully, those individuals will realize that they too have an obNgation to help the boys with their struggle to find love, joy and peace amidst the conflict. Perhaps, someone will step up and become a peacemaker? The child's sibling relationships (5328(a)(6)) Viewing both the posed and candid photographs presented by Mother, it is evident that the boys enjoy their time with their extended family, including Mother's daughter, Konadee, bom June 28, 2009. The focus on Kenadee related primarily to the relationship between Mother and her father, Mr. Kramer, whose testimony we found to be of little assistance. Even so, it was not disputed that she and her brothers have a good relationship. Given the age and gender differences, this sibling relationship is not an overwhelming factor, but it does tilt in Mother's direction. The afteniptal of the parent to turn On child against the o Ow p~t except in the cases of domestic violence where ewsona i? as Y measures are necessary to protect the child from harm (tea 14)) As noted in our discussion of factor (a)(1), we are concerned about Father not only discouraging contact with Mother but also creating an atmosphere that encourages negative statements about Mother by the boys. The rhetorical -8- 08-1919 CIVIL TERM question was posed at the hearing -- do children say bad things about one parent just to say it? Sadly, the answer is an emphatic "yes." Children say bad things about the other party when they know the parent to whom they are speaking either wants to or expects to hear that. Fundamentally, children want to please the parent they are with, and if they believe it is acceptable to say negative things about the other parent, they will do that readily. Although our focus is on Father and his family, this cautionary rebuke applies to both parents: you must create a "no-conflict zone" around the boys and speak about the other parent with respect whether you believe that is reciprocated or not! Which party is more likely to maintain a loving, stable and r u Wedonship iWth the child adequate for the child's emotional needs (5328(a)(9)) Over the course of their lifetime, Mother has been the primary source of nurture for the boys. Nevertheless, it is clear that Father and his family are not only fit but have in fact become quite nurturing. This was adequately displayed not only through the testimony but also through the evaluation by Mr. Eyer. The parties should consider this mutual strength as a building block and refrain from attempts to tear down the building. Which party is more likely to amt to the daily physical, emotional, opmerrtai, educatlonei and special newts of the child. ( 28(x)(10)) Because, both parties are able to attend to the needs of the boys and have been doing so 'throughout their lifetime, this factor does not weigh in either's -9- 08-1919 CIVIL TERM favor. Just as we do not condone corporal punishment, we do not support giving young children the option to brush their teeth at night, as it appears Mother has done. Luckily, their check-ups have been good so far - regular hygienic practices will ensure that continues. As for Father's concern with Jakob wearing jogging pants and super hero pajamas, ten years from now, the parties will pine for concerns of this magnitude. The proximftyr of the residences of the parties. (5328(a)(11)) Fortunately, Mother's brief move to Lemoyne was followed by a wise decision to return to South Middleton. Because she moved back into close proximity with Father, we viewed Mr. Eyer's evaluation in that context as opposed to circumstance where the parties live 15 to 20 miles apart. With the parties in close proximity and in the same school district, a shared physical custody arrangement should be relatively easy to implement. Each party's availaNifty to care for the child or abNity to rkratre appropriate dhfld-care arrangements (5328(aX12)) Similarly, Mother's move back to South Middleton alleviated the need to transport the boys long distances, and enabled her to gamer employment that is significantly closer to her residence than it was at the outset of this case. With Kenadee of age to attend the same childcare provider as the boys, arrangements should run smoothly' for all. We conclude that the parties can adjust their schedules to accommodate the needs of their children, but they will need to stay nimble in this regard for many years to come. -10- 08-1919 CIVIL TERM The levoi of conflict between the parties and the and abMity of the parties to coWmaetet wwfth one anodw. A party's eflROrt to protect the child fist abuse by onewthar party is not evidence of un - 1 11/Haas or 1nabil W to cote with that party (53j8(a)(13)) We have alluded too much to the conflict between the parties and will not dwell on it anymore. It is our fervent desire that someday soon we may be able to refer to this conflict solely in the past tense. III. CAW -A.U6 H Based on the foregoing factors, the court deems it in the best interest of the Children that the parties share legal and physical custody. Furthermore, we strongly believe that the parties must engage in co-parenting counseling immediately. Although we are tempted to make the giant step to a co-parenting coordinator, we refrain from doing so in our accompanying order. Instead, just as we have provided a brief space in time from the barbs of the hearing, we will provide the parties with some space to reach an agreement. If they fail or balk, the court will not hesitate to institute appropriate guidelines through a co- parenting counselor or a co-parenting coordinator. By the Court, Albert H. Masiand, J. Lorin Andrew Snyder, Esquire , For Plaintiff -v ? m =, V Susan Kay Candiello, Esquire ? =z ; For Defendant ,, ?' =G teas 4,,e5 XLa, Jcd .S/a3/,x y Sc M . ; s-, . -11- DALE G. WICKARD,III, PLAINTIFF V. HEATHER WICKARD, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-1919 CIVIL TERM ORDER OF COURT - PARENTING PLAN AND NOW, this... day of July, 2012, the court having directed the parties in its order of May 23, 2012, to present an agreed upon schedule for custody that addresses, among other things, the 2012-2013 school year, holidays and future summer vacations, and the parties having agreed on such terms as evidenced herein, we declare that it is in the best interests of their minor children, Logan Wickard, DOB: May 10, 2005, and Jakob Wickard, DOB: January 3, 2007, that all prior orders of court be superseded and ORDER AND DECREE that the "Parenting Plan" shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. C. Any parent granted sole or shared legal custody has the right to access the children's medical, dental, religious and school records, the address of the children and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. 08-1919 CIVIL TERM e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes, texts or e-mail, whichever means is most appropriate for the matter. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. C. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an -2- 08-1919 CIVIL TERM intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in the children's best interest for the parents and all adults to understand that the children are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times, the parents shall consider the children's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. 1) Mother shall always have Monday and Tuesday, 8:00 a.m. Monday through Wednesday at 8:00 a.m. 2) Father shall always have Wednesday and Thursday, 8:00 a.m. Wednesday through Friday at 8:00 a.m. 3) The weekends shall be alternated, with the same schedule, 8:00 a.m. Friday through Monday at 8:00 a.m. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable -3- 08-1919 CIVIL TERM parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. C. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the children's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. The following schedule shall be followed for birthdays: 1) Father shall have the children for his birthday from 9:00 a.m. through 9:00 a.m. the following day. 2) Mother shall have the children for her birthday from 9:00 a.m. -4- 08-1919 CIVIL TERM through 9:00 a.m. the following day. 3) Mother will always have the children for Kenadee's birthday, from 9:00 a.m. through 9:00 a.m. and Father shall have any children he may have in the future, for the same times. 4) Mother and Father shall alternate annually the boys according to the same odd/even years that they have now, 9:00 a.m. through 9:00 a.m. k. Each parent should promptly and politely respond to the other parent's telephone calls, text messages, faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Holidays Schedule: a. The parties shall have shared physical custodial responsibilities for their children. There shall be no change to the current schedule until Logan completes school in June. During the 2012 summer vacation, the parties shall alternate custody on a weekly basis. Father shall have custody of the boys beginning on the first full week of summer vacation, from Friday at 5:00 p.m. until the following Friday at 5:00 p.m. The parties shall thereafter alternate weeks throughout the summer unless and until they reach an agreement to do otherwise. b. Easter, Memorial Day, 4t' of July, Labor Day, Thanksgiving, Christmas and New Year's Day will be rotated on a odd/even year schedule from 2:00 the day before the holiday until 2:00 p.m. the day of the holiday would be the first rotation to 2:00 p.m. the day of the holiday until 2:00 p.m. the day after the holiday. c. Trick or Treat night shall be alternated on the same odd/even year basis, but from 8:00 a.m. the day of the holiday until 8:00 a.m. the following day. d. Vacation shall be during their week of custody, so as not to impinge on other's custody. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. -5- 08-1919 CIVIL TERM b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. C. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. If a parent is unable to keep an appointed exchange time or other appointment for the children, he or she should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. g. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. h. If either parent should be unable to provide care for the children for a period of more than eight (8) hours they first contact the other parent to see if they were able to care for the children, if they are not able to care for their children, their grandparents, then their aunts and uncles, then step-parents and their family shall be chosen to ask if they would like to care for the children. 6. Transportation: a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence, walking them to that parent's front door. b. Both parents shall ensure that the children use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. -6- 08-1919 CIVIL TERM b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. C. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games, practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's PropertX: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gatherings: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing child-care providers. Each parent has the right of veto over child-care providers (if someone other than family members), if the objection is reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their children spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver (if someone other than family members), if appropriate, if it can be arranged, and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. -7- 08-1919 CIVIL TERM 11. Income Tax Exemptions: Mother shall have both the boys as income tax exemptions for the year 2012. She shall give to Father $500.00. Beginning 2013 the parties shall each claim one of the boys, Mother shall claim Jakob and Father shall claim Logan. 12. Safety: a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. C. Both parents shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at www.darkness2li ht.com within 30 days of the date of this Order. 12. Ille ag l Drugs, Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking, the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional, mental, physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the -8- 08-1919 CIVIL TERM ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety (90) days to the other parent. b. Both parents are always encouraged to relocate closer to each other's residence. C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Counseling: a. The parents may enroll, as needed, in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents may enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussion with the other parent, unless said advance notice is determined by a licensed professional not to be in the best interests of the children. 16. Co-Parenting Counseling Coordination: a. The severity of the parties' communication problems requires the services, at a minimum, of a co-parenting counselor. A co-parenting counselor or coordinator will enable the parties to not only resolve their communication issues, but will also assist them in framing the details for their shared custody arrangements. b. If a dispute about the practical application of this Order cannot be resolved, either party may request the appointment of a co-parenting counselor or a parenting coordinator. 17. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. -9- 08-1919 CIVIL TERM 18. Contempt: a• Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b• If a parent does not violation could follow any provision in this Order, that become the subject of contempt proceedings before this court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: GS 17 Albert H. Masland, J. Lorin Andrew Snyder, Esquire For Plaintiff Susan Kay Candiello, Esquire For Defendant saa ? rCsa )W--- rri r- -, =710 r c { ?-. C3l -10- 2113SEP25 Pit 2 E PENNSYLVANIA DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA V. HEATHER L. WICKARD, DEFENDANT : 2008-1919 CIVIL TERM EMERGENCY PETITION FOR SPECIAL RELIEF IN CUSTODY Petitioner Dale G. Wickard,III,through its undersigned attorney,moves this honorable Court to grant its Emergency Petition for Special Relief in Custody. Petitioner states the following in support of its petition: 1. A Contempt Petition was filed simultaneously with this Emergency Petition for Special Relief in Custody. 2. Petitioner Dale G. Wickard, III, is plaintiff in the custody complaint and resides at 305 Shughart Avenue, Boiling Springs, Cumberland County,PA 17007. The relationship of Petitioner to the minor children is father. 3. Respondent Heather L. Wickard is defendant in the custody complaint and resides at 113 Meals Drive, Carlisle, Cumberland County, PA 17013. The relationship of Respondent to the minor children is mother. 4. The subject children are Logan Wickard, DOB: May 10, 2005, and Jakob Wickard, DOB: January 3, 2007. 5. Children and Youth Services was not ever involved with these children. 6. On July 25, 2012, the Honorable Albert H. Masland entered an Order of Court— Parenting Plan(Attached hereto as Exhibit A). 7. Paragraph 2f of the Parenting Plan states, "The children shall be protected by the parents from individuals with poor character(including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall $83.00 PA A"r" i Cti42/( a to c)5? 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 02/14 DALE G. WICKARD,III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA • V. HEATHER WICKARD, DEFENDANT : 2008-1919 CIVIL TERM ORDER OF COURT-PARENTING PLAN AND NOW,this day of July, 2012, the court having directed the parties in its order of May 23, 2012, to present an agreed upon schedule for custody that addresses, among other things, the 2012-2013 school year, holidays and future summer vacations, and the parties having agreed on such terms as evidenced herein, we declare that it is in the best interests of their minor children, Logan Wickard, DOB: May 10, 2005, and Jakob Wiekard, DOB: January 3, 2007, that all prior orders of court be superseded and ORDER AND DECREE that the"Parenting Plan"shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the children's medical, dental, religious and school records, the address of the children and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools, physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. Exhibit A 09/19/2013 18:09 7172434254 OFF ICEMAX PAGE 03/14 08-1919 CIVIL TERM e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development, and mutually share those items as fully as possible. f. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for, their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes,texts or e-mail,whichever means is most appropriate for the matter. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible, the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other par.ent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom,Dad,your. grandmother, etc. e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an -2- - 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 04/14 • 08-1919 CIVIL TERM intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j_ It is in the children's best interest for the parents and all adults to understand that the children are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. -- k. At all times,the parents shall consider the children's best interests and act accordingly. 3. Physical Custodial Responsibilities: a_ The parents shall share physical custodial responsibilities for their children. 1) Mother shall always have Monday and Tuesday, 8:00 a.m. Monday through Wednesday at 8:00 a.m. 2) Father shall always have Wednesday and Thursday, 8:00 a.m. Wednesday through Friday at 8:00 a.m. 3) The weekends shall be alternated, with the same schedule, 8:00 a.m. Friday through Monday at 8:00 a.m. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable -3- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 05/14 08-1919 CIVIL TERM parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or, circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made, the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means, as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial. exchanges. An adequate supply of the children's recommended nutritional supplements and non-prescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the children's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The following schedule shall be followed for birthdays: 1) Father shall have the children for his birthday from 9:00 a.m. through 9:00 a.m. the following day. 2) Mother shall have the children for her birthday from 9:00 a.m. -4- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 06/14 08-1919 CIVIL TERM through 9:00 a.m.the following day. 3) Mother will always have the children for Kenadee's birthday, from 9:00 a.m.through 9:00 a.m. and Father shall have any children he may have in the future, for the same times. 4) Mother and Father shall alternate annually the boys according to the same odd/even years that they have now, 9:00 a.m.through 9:00 a.m. k. Each parent should promptly and politely respond to the other parent's telephone calls,text messages,faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent-as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. Holidays Schedule: a. The parties shall have shared physical custodial responsibilities for their children. There shall be no change to the current schedule until Logan completes school in June. During the 2012 summer vacation, the parties shall alternate custody on a weekly basis. Father shall have custody of the boys beginning on the first full week of summer vacation, from Friday at 5:00 p.m. until.the following Friday at 5:00 p.m. The parties shall thereafter alternate weeks throughout the summer unless and until they reach an agreement to do otherwise. b. Easter,Memorial Day,4th of July,Labor Day, Thanksgiving, Christmas and New Year's Day will be rotated on a odd/even year schedule from 2:00 the day before the holiday until 2:00 p.m. the day of the holiday would be the first rotation to 2:00 p.m. the day of the holiday until 2:00 p.m. the day after the holiday. c. Trick or Treat night shall be alternated on the same odd/even year basis, but from 8:00 a.m. the day of the holiday until 8:00 a.m. the following day. d. Vacation shall be during their week of custody,so as not to impinge on other's custody. General Custodial Schedule Provisions: a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. -5- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 07/14 08-1919 CIVIL TERM • b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. c. The children should be consulted as to their schedules when appropriate. f. If a parent is unable to keep an appointed exchange time or other appointment for the children, he or she should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. g. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. h: if either parent should be unable to provide care for the children for a period of more than eight (8) hours they first contact the other parent to see if they were able to care for the children, if they are not able to care for their children., their grandparents, then their aunts and uncles, then step-parents and their family shall be chosen to ask if they would like to care for the children. 6. Transportation: a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence,walking them to that parent's front door. b. Both parents shall ensure that the children use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. -6- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 08/14 • 08-1919 CIVIL TERM b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of school or other activities and two weeks' or greater advance notice whenever possible. c. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d, Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games,practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family Gathering: The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings,funerals, graduations,etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing child-care providers. Each parent has the right of veto over child-care providers(if someone other than family members), if the objection is. reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times, whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their children spend an overnight at a place other than their primary residence or that of a family member, the other parent shall be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver(if someone other than family members), if appropriate, if it can be arranged,and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. -7- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 09/14 08-1919 CIVIL TERM 11. Income Tax Exemptions: Mother shall have both the boys as income tax exemptions for the year 2012. She shall give to Father$500.00. Beginning 2013 the parties shall each claim one of the boys,Mother shall claim Jakob and Father shall claim Logan. 12. Safety: a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's Borne by a paramour or paramour's children. c. Both parents shall carefully read "7 Steps to Protecting Our Children" and "Preventing Children from Encountering Dangers Online" at =w. rkness2light.com within 30 days of the date of.this Order. 12. Illegal Drugs.Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking,the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents shall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children. b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional,mental,physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the -8- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 10/14 08-1919 CIVIL TERM ability of the non-relocating party to exercise physical custodial responsibilities, change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety(90)days to the other parent. b. Both parents are always encouraged to relocate closer to each Other's residence. c. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Counseling: a. The parents may enroll,as needed,in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents may enroll their children in private individual counseling or psychotherapy, as needed, to maintain their optimum mental health after notification and discussion with the other parent, unless said advance notice is determined by a licensed professional not to be in the best interests of the children.. 16. Co-Parenting Counseling Coordination: a. The severity of the parties' communication problems requires the services, at a minimum,of a co-parenting counselor. A co-parenting counselor or coordinator will enable the parties to not only resolve their communication issues, but will also assist them in framing the details for their shared custody arrangements. b. If a dispute about the practical application of this Order cannot be resolved,either party may request the appointment of a co-parenting counselor or a parenting coordinator. 17. Modifications or Disputes About this Order: a. The terms of this Parenting Plan may be modified by mutual agreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. -9- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 11/14 08-1919 CIVIL TERM 18. Contempt: a. .Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration,and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: • Albert H.Masland,.1. Lorin Andrew Snyder,Esquire For Plaintiff a Susan Kay Candiello,Esquire c , For Defendant ►v :saa z1° 2Z CZ) TRUE COPY FROM RECORD in Testimony whereof,.}herd unto set my hand end the seat of said Cou et. riisie, P2; Thts_ flay of -420 *z.• Prothonotary ks3� W' -10- 09/19/2013 18:09 7172434254 CFFICEMAX PAGE 14/14 PENNSYLVANIA STATE POLICE ,r`` a'-7 Megan's Law Public Report , j Created: 9/186/2013 Alias Information Fast Name Middle Name Latt.Name ALEXANDER WOODROW LEE WOODALL ALEX WOODALL ALEXANDER WOODALL WOODY WOODALL Photo Information r., > 06/24/13 03/25/13 12/27/12 .r,, n;: off o k 06/28/12 07/11/11 07/02/10 • Any person who uses the information contained herein to threaten,intimidate,or harass the registrant or their family,or who otherwise misuses this information,may be subject to criminal prosecution or civil liability. • if you have a reasonable belief that any of the information on this website is outdated or incorrect, please contact the Megan's Law Section of the Pennsylvania State Police toil free at 1-86&711-3170. Exhibit B 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 13/14 PENNSYLVANIA STATE POLICE 21 • Megan's Law Public Report Cheated: 918/2013 Vehicle OPERATED Ownership: Year 2003 Make: MERCEDES-BENZ Model: C240 Color: BLACK Registration PA State: License Plate GRM8741 Number: General Parking 221 WALNUT ST. Locations: Watercraft information —None Reported- • — -�-Aircraft Information --None Reported— Offense Information Sexual Offense Conviction(s)Recorded in fogiabyggagragggijaggatedin Offense Offense Date Conviction Date is Victim Minor 3125-AGGRAVATED INDECENT ASSAULT 11/25197 Not Applicable* *Pennsylvania law does not require the website to indicate whether the victim is or is not a minor for offenders convicted before November 30,2006. Sexual Offense Convietion(s)Recorded In Pstwabytak.C.dlikgm..AWREiterg Offense Offense Date Conviction Date 3123-INVOLUNTARY DEVIATE SEXUAL INTERCOURSE 08/08/88 05/03/89 3125-AGGRAVATED INDECENT ASSAULT 08/04/96 11/25/97 3126A1-INDECENT ASSAULT 08/04/96 11/25/97 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 12/14 PENNSYLVANIA STATE POLICE Megan's Law Public Report Created: 9/1812013 Offender Name: WOODROW LEE WOODALL Offender type Tier 3 ry; Registration Start Date: 06/27/01 Lest Updated Date: 06/24/13 Physical Description Height: Sip Weight: 240 Eyes: BROWN Hair: BALD Race: BLACK Gender: MALE Ethnicity: NOT HISPANIC Year of Birth: 1967 Scars, Marks and Tattoos - 1ype Location Description SCAR CHEST 13 INCH SURGICAL SCAR -- Residential Address Address Type: PRIMARY Address: 221 WALNUT STREET CARLISLE PA 17013 Municipality: CARLISLE BORO County: CUMBERLAND ----~Employment Address --None Reported School Address —None Reported— Vehicle Information Va 6--• w i 1, wof J 01 , : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA Vs : No. coot t "1 Q l q CIVIL TERM V V • W i C ' , : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, IA I{ Cr • u i ►CKOrd i ((L, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea, no contest plea or pending charges 1- 18 Pa.C.S. Ch. 25 (relating to criminal homicide) IT 18 Pa.C.S. §2702 7 IT (relating to aggravated assault) 18 Pa.C.S. §2706 IT (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 r (relating to kidnapping) 18 Pa.C.S. §2902 r r (relating to unlawful restraint) 18 Pa.C.S. §2903 IT IT (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 IT IT (relating to rape) IT 18 Pa.C.S. §3122.1 relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) IT 18 Pa.C.S. §3124.1 fT (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 IT (relating to indecent assault) 18 Pa.C.S. §3127 IT (relating to indecent exposure). 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 r— (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 IT r (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 r-- I- (relating to concealing death of child) 18 Pa.C.S. §4304 l- b-elating to endangering welfare of children) IT 18 Pa.C.S. §4305 I (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (- [` (relating to sexual abuse of children) 18 Pa.C.S. §6318 r (relating to unlawful contact with minor) �- 18 Pa.C.S. §6320 fT (relating to sexual exploitation of children) 23 Pa.C.S. §6114 fT (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol FT Manufacture, sale, IT I_ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member r A finding of abuse by a Children &Youth IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: FT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal /abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Signature k--ice Printed Name Dale G. Wickard, 111, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania No.2008-1919 Civil Term vs Heather L. Wickard, Defendant PRAECIPE Please enter my appearance on behalf of the Plaintiff, Dale G. Wickard, III. rfico rn rrl r— N) cr, 7, ce? :a. 7 David D. Buell, Prothonotary 20 Attoruey Info: It L MTVY Ylt mcb000tici Attorne or Plaintiff c2cms QUM \I 0 Y.(- rA vo- 7 Li KIVAITK- Aia - 0 supqmi COuyi- lb * • V l./ DALE G.WICKARD,III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 2008-1919 CIVIL TERM HEATHER WICKARD, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF IN CUSTODY AND NOW, comes the Defendant, HEATHER WICKARD, by her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to Petition's Emergency Petition for Special Relief in Custody and in support thereof asserts as follows: -0� 1. Denied,by way of further explanation neither Defendant nor Defendant's guriisel ,,' -0r, i N have received anything. © <C o-" 2. Admitted. c? '' 3J-3 3. Admitted. -4. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied, by way of further explanation, Mother had two dates with Woodrow Lee Woodall, but has not had any date with him as of September, 2012. 11. Defendant does not have sufficient knowledge to know the truth of what Plaintiff alleges. 12. Denied, Woodrow Lee Woodall,has never been permitted to spend time with the children alone nor overnights. 13. Denied, the Defendant has now established a relationship with another man and has she not seen Woodrow Lee Wilson in any type of boyfriend-girlfriend relationship since September, 2012. WHEREFORE,the Defendant, HEATHER WICKARD, requests this honorable court, dismiss the Emergency Petition of the Plaintiff, DALE G. WICKARD,III. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO Dated: October 1, 2013 / . ,v �� , ■ san Kay Candie o, squire Attorney for the De•: •ant PA I.D. # 64998 710 Gladstone Court Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 9 30 \/ ! 1 / HE if KARD ICKARD H C DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • HEATHER WICKARD, DEFENDANT : 08-1919 CIVIL TERM ORDER OF COURT AND NOW, this day of October, 2013, upon consideration of Plaintiffs Emergency Petition for Special Relief and Defendant's Answer thereto, the emergency relief requested is DENIED. The parties shall proceed to conciliation on Plaintiff's Contempt Petition that was filed contemporaneously with the Petition for Special Relief. By the Court, Albert H. Masl-nd, J. ✓Katherine L. McDonald Esquire For Plaintiff san Kay Candiello, Esquire For Defendant Court Administrator — p t, _!N -i►i :salt4.1 6 L 6 Copies /71 -0 :- rri /*Ig//2 • ',OH-101101A' •2313 OCT 15 PM 3: 22 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA V. • HEATHER L. WICKARD, DEFENDANT : 2008-1919 CIVIL TERM PETITION FOR CONTEMPT OF CUSTODY ORDER Petitioner Dale G. Wickard, III,through its undersigned attorney, moves this honorable Court to grant its Petition for Contempt of Custody Order. Petitioner states the following in support of its petition: 1. Petitioner Dale G. Wickard, III, is plaintiff in the custody complaint and resides at 305 Shughart Avenue, Boiling Springs, Cumberland County, PA 17007. The relationship of petitioner to the minor children is father. 2. Respondent Heather L. Wickard is defendant in the custody complaint and resides at 113 Meals Drive, Carlisle, Cumberland County, PA 17013. The relationship of Defendant to the minor children is mother. 3. The subject children are Logan Wickard, DOB: May 10, 2005, and Jakob Wickard, DOB: January 3, 2007. 4. On July 25, 2012, the Honorable Albert H. Masland entered an Order of Court— Parenting Plan (Attached hereto as Exhibit A). 5. Paragraph 2f of the Parenting Plan states, "The children shall be protected by the parents from individuals with poor character(including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children"(Attached hereto as Exhibit A). Ora .° d witi cam# /o0 j2# 4toca 3 6. Paragraph 2k of the Parenting Plan states, "At all times,the parents shall consider the children's best interests and act accordingly" (Attached hereto as Exhibit A). 7. Paragraph 12b of the Parenting Plan states, "Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children" (Attached hereto as Exhibit A). 8. The respondent is involved with Mr. Woodrow Lee Woodall, a Tier 3 registered sex offender with a registration start date of June 27, 2001 (Attached hereto as Exhibit B). 9. Mr. Woodall was convicted of Involuntary Deviate Sexual Intercourse on May 3, 1989 and Aggravated Indecent Assault and Indecent Assault on November 25, 1997 (Attached hereto as Exhibit B). 10. The respondent is allowing Mr. Woodall to spend time with the children, including overnight visits at the respondent's home. 11. The respondent has willfully failed to obey the order by failing to protect the children from individuals with poor character, by failing to consider the children's best interests when deciding who is allowed to spend time with the children, and by failing to shield the children from possible sexual exploitation by Mr. Woodall. 12. Petitioner seeks to enforce his rights under Paragraph 18b of the Parenting Plan, which states that, "If a parent does not follow any provision in this Order,that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration, and could constitute grounds for modification of the legal and physical custody provisions in this Order"(Attached hereto as Exhibit A). WHEREFORE, petitioner prays this court to adjudge the respondent in contempt of court and order appropriate sanctions. Verification I verify that the statements made in the Petition for Contempt of Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities and can be punishable by fine or imprisonment. .�,C mil_ Date ale G. Wickard 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 02/14 DALE G. WICKARD,III, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA • V. d�F,A TbIR WICKARD, • DEFENDANT ; 2005-1919 CIVIL TERM ORDER OF COURT.-PARENTING PLAN AND NOW,this day of July, 2012, the court having directed the parties in its order of May 23, 2012, to present an agreed upon schedule for custody • that addresses, among other things, the 2012-2013 school year, holidays and future summer vacations, and the parties-having agreed on such terms as evidenced herein, we declare that it is in the best interests of their minor children, Logan Wickard, DOB: May 10, 2005, and Jakob Wickard, DOB: January 3, 2007, that all prior orders of court be superseded and ORDER AND DECREE that the"Parenting Plan"shall be as follows: 1. Legal Custodial Responsibilities: The parents shall jointly share their various legal custodial responsibilities for their children. a. Major parental decisions concerning their children, including, but not limited to, their children's health, medical, dental & orthodontic treatment, mental and emotional health treatment, education, religious training and moral upbringing shall be made jointly by the parents, after discussion and consultation with each other, with a view toward obtaining and following a harmonious parenting plan, not in their own individual best interests, but rather in their children's best interests. b. Absent an emergency, neither parent shall obtain medical care and/or have an initial interview with any health caregiver in the absence of the participation of the other parent. c. Any parent granted sole or shared legal custody has the right to access the children's medical,dental,religious and school records,the address of the children and any other related information in accordance with 23 Pa.C.S.A. § 5336(a). d. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from their children's schools,physicians, dentists, orthodontists, counselors, psychologists, or other similar individuals or entities concerning their children's progress and welfare. Exhibit A 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 03/14 08-1919 CIVIL TERM e. Both parents shall arrange for the children's school to provide both parents identical information. Both parents shall provide to the other parent on a weekly basis, all school papers, projects, or other products of the children's development,and mutually share those items as fully as possible. 1. The parents shall, in advance, discuss and attempt to reach a mutual agreement regarding the following matters: their children's enrollment or termination in a particular school or school program, advancing or holding their children back in school, authorizing enrollment in college, authorizing their • children's driver's license or purchase of an automobile, authorizing employment, authorizing minor children's marriage, enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. g. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. h. Parents shall civilly and respectfully communicate about co- parenting legal custody issues and changes in schedules in person and via letters, faxes,texts or e-mail,whichever means is most appropriate for the matter. 2. No Conflict Zone and General Rules of Conduct: a. The parents shall not alienate the affections of their children from the other parent or the other parent's extended family and shall make a conscious effort not to do so. To the extent possible,the parents shall prevent third parties from alienating the children's affections from the other parent as well as the other parent's extended family. b. The parents shall establish a No-Conflict Zone for their children and refrain from making derogatory or-uncomplimentary comments about the other parent in the presence of their children and to the extent possible, shall not permit third parties from making such comments in the presence of their children while in their physical custody, whether they are sleeping, awake or in another room. c. It shall be the duty of each parent to uphold the other parent as one the children should respect and love. d. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Morn,Dad,your grandmother, etc, e. The parents shall refrain from encouraging their children to provide reports about the other party. Communication should always take place directly between parents, without using their children or others as an • -2- • 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 04/14 • 08-1919 CIVIL TERM intermediary or spy on the other parent. It is harmful to the children to be put in the role of a spy. f. The children shall be protected by the parents from individuals with poor character (including, but not limited to, individuals involved with illegal activity, immoral or intemperate behavior, or violent propensities). The parents shall avoid contact with such individuals of poor character because it sets a bad example and may corrupt the morals of the children. g. The parents should remember that they cannot teach the children proper moral conduct by engaging in improper conduct themselves. Children are quick to recognize hypocrisy and the parent who maintains a double standard will lose the respect of his or her children. h. The parents shall not permit their children to be exposed to or participate in interactive excessively violent video games based upon their understanding that violent video games increase aggression, physiological desensitization to violence and decreases pro-social behavior. i. The parents shall not conduct arguments or heated conversation when they are together in the presence of their children. j. It is in The children's best interest for the parents and all adults to understand that the children are trying to cope with the custody litigation and related issues, and need help in loving both parents, rather than interference or censure. k. At all times,the parents shall consider the children's best interests and act accordingly. 3. Physical Custodial Responsibilities: a. The parents shall share physical custodial responsibilities for their children. 1) Mother shall always have Monday and Tuesday, 8.00 a.m. Monday through Wednesday at 8:00 a.m. 2) Father shall always have Wednesday and Thursday, 8:00 a.m. Wednesday through Friday at 8:00 a.m. 3) The weekends shall be alternated, with the same schedule, 8:00 a.m.Friday through Monday at 8:00 a.m. b. All physical custodial exchanges shall be handled professionally, under a "no conflict zone," abiding by all techniques set forth in reputable -3- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 05/14 08-1919 CIVIL TERM parental educational materials, to avoid conflict, anxiety, and other emotional harm to the children. c. Day-to-day decisions shall be the responsibility of the parent then having physical custodial responsibilities. Each parent shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern or interest to the other parent. d. With regard to any emergency decisions which must be made,the parent having physical custodial responsibility for their children at the time of the emergency shall be permitted to make any necessary immediate decisions. e. In the event of a child's serious illness, the parent then having physical custodial responsibility shall immediately inform the other parent by telephone or any other means,as to the nature of the illness. During such illness, each parent shall have the right to visit the child, consistent with the medical status of the child. f. If a child is taking medication, an adequate supply of that medication or a prescription for the medication shall be given to the other parent at the custodial exchanges. An adequate supply of the children's recommended nutritional supplements and nonprescription medication and supplies, if any, shall be maintained by each parent. g. The parent with physical custodial responsibilities for their children during any given period of time shall communicate in a prompt fashion with the other parent concerning the well-being of their children, and shall appropriately notify the other parent of any changes in health or educational progress. h. Each parent shall promptly notify the other parent of, and invite him or her to, major events in the children's lives, including graduations, awards presentations, performances, academic and athletic competitions and similar extracurricular activities. i. When the children are not with a parent during the weekend, that parent may telephone one time with the children during the weekend to speak with them, as well as periodically during the week, as needed, without being intrusive. j. The following schedule shall be followed for birthdays: 1) Father shall have the children for his birthday from 9:00 a.m. through 9:00 a.m.the following day. 2) Mother shall have the children for her birthday from 9:00 a.m. -4- OS/19/2013 18:09 7172434254 OFFICEMAX PAGE 06/14 • 08-1919 CIVIL TERM through 9:00 a.m.the following day. 3) Mother will always have the children for Kenadee's birthday, from 9:00 a.m.through 9:00 a.m.and Father shall have any children he may have in the future,for the same times. 4) Mother and Father shall alternate annually the boys according to the same odd/even years that they have new, 9:00 am.Through 9:00 a.m. k. Each parent should promptly and politely respond to the other parent's telephone calls,text messages,faxes and emails regarding the children. 1. If one parent will be late for a physical custodial exchanges they shall call or text the other parent as soon as possible but no later than 30 minutes prior to the appointed meeting time. 4. holidays Schedule: a. The parties shall have shared physical custodial responsibilities for their children. There shall be no change to the current schedule until Logan completes school in June. During the 2012 summer vacation, the parties shall alternate custody on a weekly basis. Father shall have custody of the boys beginning on the first full week of summer vacation, from Friday at 5:00 p.m. until the following Friday at 5:00 p.m. The parties shall thereafter alternate weeks throughout the summer unless and until they reach an agreement to do otherwise. b. Easter,Memorial Day,4a'of July,Labor Day,Thanksgiving, Christmas and New Year's Day will be rotated on a odd/even year schedule from 2:00 the day before the holiday until 2:00 p.m. the day of the holiday would be the first rotation to 2:00 p.m. the day of the holiday until 2:00 p.m.the day after the holiday. c_ Trick or Treat night shall be alternated on the same odd/even year basis, but from 8:00 a.m. the day of the holiday until 8:00 a.m. the following day. d. Vacation shall be during their week of custody,so as not to impinge on other's custody, General Custodial Schedule Provisions: • a. The parents may revise this schedule upon written agreement and should be flexible for the sake of the children. .5, 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 07/14 08-1919 CIVIL TERM b. Each parent shall have the option of proposing time or date variations to the other parent when special recreational or other unexpected opportunities arise. c. In the event certain provisions in this parenting plan are inconsistent, then the provisions set forth concerning specific holidays and vacations shall supersede provisions concerning weekends. d. If either parent or the children have plans which conflict with a scheduled visit and wish to change visitation, the parents should make arrangements for an adjustment acceptable to the schedules of everyone involved and should be flexible for the sake of the children. e. The children should be consulted as to their schedules when appropriate. f. If a parent is unable to keep an appointed exchange time or other appointment for the children, he or she should give immediate notice to the other parent, so as to avoid subjecting the children to unnecessary apprehension and failure of expectations. g. The parent relinquishing physical custodial responsibility should prepare the children both physically and mentally for the transfer of custody to the other parent and have them available at the time and place mutually agreed upon. h. If either parent should be unable to provide care for the children for a period of more than eight (8)hours they first contact the other parent to see if they were able to care for the children, if they are not able to care for their children, their grandparents, then their aunts and uncles, then step-parents and their family shall be chosen to ask if they would like to care for the children. 6. Transnorton: a. The parent relinquishing custodial responsibility shall drive the children to the other parent's residence,walking them to that parent's front door. b. Both parents shall ensure that the children use appropriate seat belts or child safety seats when being transported in vehicles by that parent or others. 7. Extracurricular Activities: a. The parents shall organize ways for their children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household in which they reside. ��r 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 08/14 08-1919 CIVIL TERM b. Each parent shall provide the other with at least seventy-two (72) hours advance notice of' school or other activities and two weeks' or greater advance notice whenever possible. • c. Both parents shall honor and be supportive of the extracurricular activities in which the children wish to engage. d1 Each parent shall confer with the other before arranging regularly occurring extracurricular activities for their children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities of their children, each parent will make certain that the children attends their extracurricular activities and transport the children on time to and from games,practices and any activities that are scheduled so that they are able to participate in those events. 8. Children's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 9. Family The parents shall permit and support their children's access to all family relationships. Special family events such as weddings, family reunions, family gatherings,funerals,graduations,etc. shall be accommodated by both parents with routine visitations resuming immediately thereafter. 10. Child-Care Providers: a. Each parent shall exercise care in responsibly choosing child-care providers. Each parent has the right of veto over child-care providers(if someone other than family members), if the objection is. reasonable. The telephone numbers of any and all child-care providers shall be provided by both parents to each other. Parents shall provide one another with a phone number and address where their children may be contacted at all times,whenever reasonably possible. This principle applies to situations such as vacations with friends and their families. b. Should either parent have their children spend an overnight at a place other than their primary residence or that of a family member, the other p;areat 51-Akin be provided the address and phone number and the option to assume primary physical custodial responsibility in lieu of another caregiver(if someone other than family members), if appropriate,if it can be arranged,and if it is in the best interests of the children. This provision does not apply to an overnight by a child over 12 years old with a friend with trustworthy parental supervision. -7- 09/19/2013 18:09 7172434254 OFFICX PAGE 09/14 08-1919 CIVIL TERM 11. Income Tax Exemptions: Mother shall have both the boys as income tax exemptions for the year 2012. She shall give to Father$500.00. Beginning 2013 the parties shall each claim one of the boys,Mother shall claim Jakob and Father shall claim Logan. 12. Safety: a. The children shall not be left alone with any of Father or Mother's friends or paramours unless agreed to in writing by both parents. b. Both parents shall adopt measures to shield their children from sexual exploitation which may be more likely to occur while in a parent's home by a paramour or paramour's children. c. Both parents shall carefully read "7 Steps to Protecting Our Children" and 'Preventing Children from Encountering Dangers Online" at www.clarkness2light.com within 30 days of the date of this Order. 12. Illegal Drugs.Tobacco and Alcohol: a. The parents shall not possess or use any illegal controlled substances, nor shall they consume alcoholic beverages to the point of intoxication within 12 hours neither prior to or during periods of physical custodial responsibilities, nor smoke tobacco inside their residence or vehicle. The parents shall Iikewise assure that other household members and/or house guests comply with this prohibition. b. If a party shows up for a visit under the influence of alcohol or drugs or smoking,the visit may be considered forfeited on those grounds alone. 13. Electronic Contact: a. Each parent shall be entitled to reasonable (not excessive) e-mail and/or text messaging contact with their children when in the custody of the other parent. Both parents chall establish an e-mail address for themselves and their children for e-mail communication or Skype between the parents concerning parenting issues and communication with their children, b. Each parent shall send an e-mail once a week to update the other parent about their observations of the children's emotional,mental,physical status and/or developmental milestones. 14. Relocation: a. Neither parent shall permanently relocate if the relocation would necessitate a change in the physical custodial schedule or significantly impair the -8- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 10/14 08-1919 CIVIL TERM ability of the non-relocating party to exercise physical custodial responsi,.il is , change of school district for their children, or exceed a twenty-five (25) mile radius without a minimum notice of ninety(90)days to the other parent. b. both parents are always encouraged to relocate closer to each Other's residence_ C. The parent proposing relocation must notify all parties in accordance with 23 Pa. C.S.A. §5337. d. No parent may relocate their residence unless the other parent consents in writing or the Court approves the proposed relocation. 15. Counseling: a. The parents may enroll,as needed,in private individual therapeutic counseling to maintain their optimum mental health as a parent. b. The parents may enroll their children in private individual counseling or psychotherapy, as needed,to maintain their optiewity after notification and discussion with the other parent, unless said at'en _� is determined by a licensed professional not to be in the best intei-eNim ifi the children. 16. Co-Parenting Counseling Coordination: a. The severity of the parties' communication problems requires the services, at a minimum,of a co-parenting counselor. A co-parenting counselor or coordinator will enable the parties to not only resolve their communication issues, but will also assist them in framing the details for their shared custody arrangements. b. If a dispute about the practical application of this Order cannot be resolved,either party may request the appointment of a co-parenting counselor or a parenting coordinator. • 17. Modifications or Disputes About this Order: The terms of this Parenting Plan may be modified by mutual azreement of both parents which is best memorialized if placed in writing and signed by both parents, when such modifications are in the best interests of the children. b. Both parents shall use their best efforts to engage in joint decision- making with respect to the children. w�w 09/1912013 18:09 7172434254 OFFICEMAX PACE 11/14 08-1919 CIVIL TERM 18. Contempt: a. -Certain rules of conduct set forth in this Court Order are included in most custody matters. They are binding on both parties as are all other provisions. b. If a parent does not follow any provision in this Order, that violation could become the subject of contempt proceedings before this Court which could result in fines and up to 6 months' incarceration,and could constitute grounds for modification of the legal and physical custody provisions in this Order. BY THE COURT: Albert H.Masland,J. Lorin Andrew Snyder,Esquire r, For Plaintiff -gam ( to r Susan Kay Candiello,Esquire r- 73r- c,Yi For Defendant c-^ ui —86 -� a„- :sal =c;:, cic } TRUE COPY FROM RECORD In Testimony whereof J het unto set my hand and the sill of Said Cou at. 'itisle,?a, This..°0r flay of ,2O Prothonotary • -10- 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 12/14 PENNSYLVANIA STATE POLICE Megan's Law Public Report Created: 9/1812013 Offender Haute; WOODROW LEE WOODALL Offender Type; Tier 3 Registration Start Data; 06/27/01 Last updated Date: 06/24/13 Mi(iN Physical Description Height: 6'2" Weight: 240 Eyes: BROWN Hair: BALD Race: BLACK Gender: MALE Ethnicity: NOT HISPANIC Year of Binds: 1967 Scars, Marks and Tattoos Type Location Deescripdon SCAR CHEST 13 INCH SURGICAL SCAR Residential Address Address Type; PRIMARY Address: 221 WALNUT STREET CARLISLE PA 17013 Municipality: CARLISLE BORO County: CUMBERLAND -Employment Address -Nona Reported— School Address —None Reported— Vehicle Information Exhibit B 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 13/14 PENNSYLVANIA STATE POLICE Megan's Law Public Report Created: 9/18/2013 Vehicle OPERATED Ownership: Year 2003 Make: MERCEDES-BENZ Model: C240 Color: BLACK Registration PA State: License Plate GRM8741 Number General Parking 221 WALNUT ST. Locations: Watercraft Information —None Reported- -Aircraft Information - —None Reported— Offense Information Sexual Offense Conviction(s)Recorded in Pizimorl $x el ffeni€i!R Offense Offense Date Conviction Date is Victim Minor 3126-AGGRAVATED INDECENT ASSAULT 91!25197 Not Applicable* *Pennsylvania law does not require the weblike to indicate whether the victim is or is not a minor for offenders convicted before November 30,2006. Sexual Offense Convictions)Recorded In P ennav y nja!"runts a1 i'istory ReposiWry Offense OffenseDate Conviction Date 3123-INVOLUNTARY DEVIATE SEXUAL INTERCOURSE 06/0688 05/03/89 3125-AGGRAVATED INDECENT ASSAULT 08/0498 11/25/97 3126A1 -INDECENT ASSAULT 08/04/96 11/25/97 09/19/2013 18:09 7172434254 OFFICEMAX PAGE 14/14 PENNSYLVANIA STATE POLICE \,e,,,.,. _--, Megan's Law Public Report Created: 9/1812013 Atlas Information First Name Middle Name Last Name ALEXANDER WOODROW LEE WOODALL ALEX WOODALL ALEXANDER WOODALL WOODY WOODALL ---_,Photo Information -1 06/24/13 03/25/13 72/27/12 j, -1 ' L: YJ. ' 06/28/12 07/11/11 07/02/10 • Any person who uses the information contained herein to threaten,intimidate,or harass the registrant or their family.or who otherwise misuses this information,may be subject to criminal prosecution or civil liability. • If you have a reasonable belief that any of the information on this webeite is outdated or incorrect, please contact the Megan's Law Section of the Pennsylvania State Police toil free at 1466-7713170. alt U • W i C NO vCI � I f I , • IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs : No. acot- q q CIVIL TERM I01 IlitA V v W C r"`' , : CIVIL ACTION - LAW Defendant : IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, is\{ G . W i GKOIrd MI, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction,including pending charges: Check Crime Self Other Date of Sentence all that household conviction. apply member guilty plea,no contest plea or pending charges r^ 18 Pa.C.S.Ch.25 �� r (relating to criminal r} homicide) rti 18 Pa.C.S. §2702 I r (relating to aggravated cji \ assaults —o � F 18 Pa.C.S.§2706 FT v � (relating to terroristic - � . threats) 18 Pa.C.S.J2709.1 (relating to stalking] f 18 Pa.C.S.§2901 f r (relating to kidnapping) r 18 Pa.C.S. §2902 r (relating to unlawful restraint) f 18 Pa.C.S.§2903 r! r (relating to false imprisonment) r 18 Pa.C.S.§2910 r r-r (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 f r f relating to rape) r 18 Pa.C.S.§3122.1 r r relating to statutory sexual assault) 18 Pa.C.S. §3123 r r (relating to involuntary deviate sexual intercourse] IT 18 Pa.C.S. §3124.1 r r (relating to sexual assault) r 18 Pa.C.S. §3125 r r (relating to aggravated indecent assault) r 18 Pa.C.S.§3126 r r (relating to indecent assault) r 18 Pa.C.S.§3127 r IT (relating to indecent exposure) 18 Pa.C.S.§3129 r (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) j- 18 Pa.C.S.§3301 IT r (relating to arson and related offenses) �- 18 Pa.C.S.§4302 (relating to incest) 18 Pa.C.S. 44303 (relating to concealing death of child) �- 18 Pa.C.S. §4304 T- IT (relating to endangering welfare of children] IT 18 Pa.C.S.§4305 IT (relating to dealing in infant children) 18 Pa.C.S.§5902(b) IT (relating to prostitution and related offenses) IT 18 Pa.C.5.J5903 r- r— (c)orid) (relating to obscene and other sexual materials and performances) 7 18 Pa.C.S. §6301 IT (relating to corruption of minors) r 18 Pa.C.S. §6312 r (relating to sexual abuse of children] ITT 18 Pa.C.S.§6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 r (relating to sexual exploitation of children) I~ 23 Pa.C.S. §6114 r !relating to contempt for violation of Protection order or agreement) Driving under the �- influence of drugs or alcohol Manufacture,sale, IT delivery,holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding_of abuse by a Children&Youth rT U Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the I IT Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction r; Other: r 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name,date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Signature Printed Name DALE G. WICKARD, III IN THE COURT OF COMMON PLEAS OF e' _.; -ta • PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI ' ca 2008-1919 CIVIL ACTION LAW v HEATHER L. WICKARD ` IN CUSTODY DEFENDANT --� ORDER OF COURT AND NOW, Wednesday,October 23,2013 , 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 Tuesday,November 26,2013 11:30 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P.No. 1915.17 regarding relocation. FOR THE COURT, By: Is/ _jacquelineM. Verney, Esq. Custody Conciliator r 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 tES Pat 32 South Bedford Street 14�G Carlisle, Pennsylvania 17013 � Telephone (717)249-3166 J . Vic icyi,3//2 1 DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1919 CIVIL ACTION - LAW HEATHER WICKARD, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this v2 74day of /r (/0-7 ! - , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 25, 2012 shall remain in full force and effect with the following modifications and additions. 2. Father's Petition for Contempt shall be held in abeyance. 3. The children shall have no contact with Woodrow Lee Woodall, A/K/A Alexander Woodrow Lee Woodall,Alex Woodall,Alexander Woodall and Woody Woodall. 4. The parties shall cooperate with family therapeutic counseling. Father shall be responsible for locating a counselor. Mother shall be responsible for scheduling appointments. The parties shall share equally the cost of counseling. 5. Mother shall exercise discretion in introducing new companions to the children. 6. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control BY THE COURT, °P-Aef At It J. cc:5Atherine L. McDonald, Esquire, Counsel for Father Susan Kay Candiello, Esquire, Counsel for Mother • Copt*e_..c /72a trerL rri C=I X C., cr) r\a) C3 r— — — 01, DALE G. WICKARD, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-1919 CIVIL ACTION-LAW HEATHER WICKARD, Defendant : IN CUSTODY PRIOR JUDGE: Albert H. Masland,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Logan Wickard May 10, 2005 shared Jakob Wickard January 3, 2007 shared 2. A Conciliation Conference was held in this matter on November 26, 2013, with the following in attendance: The Father, Dale G. Wickard, III, with his counsel, Katherine L. McDonald, Esquire, and the Mother, Heather Wickard, with her counsel, Susan Kay Candiello, Esquire. 3. The Honorable Albert H. Masland previously entered Orders of Court dated July 25, 2012 and October 8, 2013. The 2012 Order provided for shared legal custody and shared physical custody with Mother having physical custody every Monday and Tuesday, Father having physical custody on Wednesday and Thursday and the parties alternating weekends. The 2013 Order denied Father's Petition for Special Relief. Father filed a Petition for Contempt. 4. The parties agreed to an Order in the form as attached. / -1 3 ; LA .- ... Date acgeline M. Verney, Esquire.- " Custody Conciliator