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HomeMy WebLinkAbout08-5491KIMBERLY K. PICKENS, Plaintiff V. MICHAEL C. PICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?? 5J GJVrr I CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Christine Taylor B squire Attorney for Plaintiff-' KIMBERLY K. PICKENS, Plaintiff V. MICHAEL C. PICKENS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. O'?- S ?9 ( Crra1 CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Kimberly K. Pickens, who currently resides at 341 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Michael C. Pickens, whose current address is unknown, although he continues to use 341 Willow Avenue, Camp Hill, Cumberland County, Pennsylvania 17011 as his mailing address. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 24, 2003, in Harrisburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since September 9, 2008. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. Plaintiff lacks sufficient property and income to provide for her reasonable needs. Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. Defendant is financially able to provide for the reasonable needs of the Plaintiff. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 16. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. COUNT V PETITION FOR CUSTODY 17. There is one child born of the marriage of Plaintiff and Defendant, namely Ava Grace Pickens, born April 5, 2004. 18. The child has resided with Plaintiff and Defendant, herein, since her birth. The child currently resides with Plaintiff and Defendant at 341 Willow Avenue, Camp Hill, Pennsylvania. From birth until present, the child has resided at the following addresses: NAME RESIDENCE DATE Kimberly K. Pickens 621 West Main Street Birth to Michael C. Pickens Mechanicsburg, Pennsylvania June 20, 2006 Kimberly K. Pickens 341 Willow Avenue June 20, 2006 to Michael C. Pickens Camp Hill, Pennsylvania September 9, 2008 Kimberly K. Pickens 341 Willow Avenue September 9, 2008 Camp Hill, Pennsylvania to Present 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 21. The best interest and permanent welfare of the child will be served by granting the relief requested. 22. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; e. awarding primary physical custody of the child to the Plaintiff, subject to partial physical custody to Defendant; and f. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: q d? By: A4'? Christine Taylor Brann Attorney I.D. 482204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff Kimberly K. Pickens VERIFICATION I, Kimberly K. Pickens, verify that the statements made in the foregoing Pleading are true and convect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Jq/Og K- PiWAILO Kimberly K. Picken ( 00 # r' b _ ELF Oo .L W p na as . cn (n <T r4r'L.? ?"'T 7-4 KIMBERLY K. PICKENS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL C. PICKENS DEFENDANT 2008-5491 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 18, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 21, 2008 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ohn . Mangan, r. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pwrAvul *v --r /*V? 4,7 lell7a e?r~ "*?JV-7 3,110-11-? dlNvAl.SNN d KLNin Z 0 :C Nd 8 { d3S 80QZ :K)U.10-031ld KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Michael C. Pickens, hereby accept service of the Complaint for Divorce as well as the Order for Custody Conciliation, in the above-captioned action. Dated: 9/95 2008 d - C 3 ra G.a "? CD rn CWr KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY CUSTODY STIPULATION This Custody Stipulation is made and entered into this day of October, 2008, by and between KIMBERLY K. PICKENS, and MICHAEL C. PICKENS; WHEREAS, Kimberly K. Pickens, is the natural mother of Ava Grace Pickens, born April 5, 2004; and WHEREAS, Michael C. Pickens, is the natural father of Ava Grace Pickens, born April 5, 2004; and WHEREAS, Mother, Kimberly K. Pickens, is represented by Christine Taylor Brann, Esquire, and Father, Michael C. Pickens, is representing himself, and WHEREAS, the parties have reached an agreement with respect to the best interest and welfare of the parties' child; and Y WHEREAS, it is the desire of the parties to enter into the following Custody Stipulation. NOW THEREFORE, the parties mutually agree as follows: 1. The parties shall enjoy shared legal custody of the minor child, Ava Grace Pickens, born April 5, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Primary physical custody of the minor child shall be with Mother. *-e 3. Father shall have partial physical custody of the minor child in accordance with the following schedule: a. Alternating weekends from Friday after Father is off of work or if he is not working at 5:00 p.m. until Sunday at 5:00 p.m. Father will pick up the parties' child on Fridays at preschool or at the child's babysitter if there is no school on a particular Friday. Father will return the minor child to Mother's residence on Sunday at 5:00 p.m. b. Every Tuesday after Father is off of work or if he is not working at 5:00 p.m., at which time he will pick up the minor child at the babysitter or preschool until Wednesday morning when he drops off the minor child at preschool or her babysitter. C. Every other Thursday preceding a weekend when the parties' child will be with Mother after Father is off of work or if he is not working at 5:00 p.m. until 8:00 p.m. at which time Father will return the child to Mother's residence. d. Such other times as the parties may agree. &?R 4. Vacation: Each party shall have the right to two (2) nonconsecutive weeks of vacation with the minor child with a minimum of thirty (30) days written notice to either party. The party first selecting the vacation shall be entitled to preference. A vacation shall not be elected over the other party's scheduled holidays. The parent exercising vacation will provide contact information while on vacation, including but not limited to, flight numbers, name of hotel or other accommodations and telephone number. 5. Unless mutually agreed otherwise, the parties shall alternate the following holidays: Easter, Thanksgiving and Christmas. a. Easter: Commencing 2009 and every odd year thereafter, Mother shall have the parties' child on Easter. Commencing 2010 and every even year thereafter, Father shall have the parties' child on Easter. The Easter holiday shall consist of Easter Sunday from 9:00 a.m. until 5:00 p.m. b. Thanksgiving: Commencing 2009 and every even year thereafter, Father shall have the parties' child on Thanksgiving. Commencing 2009 and every odd year thereafter, Mother shall have the parties' child on Thanksgiving. The Thanksgiving holiday shall consist of Thanksgiving Day from 9:00 am. until 5:00 p.m. C. Christmas: Commencing in 2008 and every even year thereafter, Mother shall have the minor child from December 24 at 12:00 p.m. until December 25 at 12:00 p.m., with Father having the minor child from December 25 at 12:00 p.m. until December 26 at 12:00 p.m. Commencing in 2009 and every odd year thereafter, Father shall have the minor child from December 24 at 12:00 p.m. until December 25 at 12:00 p.m., with Mother having the minor child on December 25 at 12:00 p.m. until December 26 at 12:00 p.m. 6. Mother shall have the minor child each year on trick-or-treat night with Mother to pick up the minor child after work from daycare or the babysitter's until the following morning when Mother drops off the minor child at daycare or the babysitter. 7. Mother shall have the minor child on Mother's Day each year and Father shall have the minor child on Father's Day each year, regardless of the weekend schedule, from 9:00 a.m. until 5:00 p.m. 8. In the event either parent who is scheduled to have the minor child is unavailable for a period of at least 6 consecutive hours, the other parent shall have the first right of refusal to watch the parties' child during said time period. The parent who will be unavailable for said time period will promptly notify the other parent to permit that parent to exercise his/her right of first refusal to care for the parties' daughter. 9. Except as otherwise specifically set forth in paragraph 3 or mutually agreed otherwise, transportation shall be shared equally by the parties, with the party commencing his or her custody to pick up the parties' child at the other parent's residence. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 10. Each parent shall be entitled to reasonable daily communication with the child, which shall not be excessive. 11. Mother and Father shall discuss and communicate with one another prior to enrolling the child in any extracurricular activities so as to minimize interference with the custody schedules as set forth above. Neither parent shall unreasonably withhold consent to any requested extracurricular activity. The costs associated with any extracurricular activities shall be shared by the parties in proportion to their respective earned incomes as reflected in the parties' then current Order entered by Domestic Relations, or if no Order exists, in proportion to their respective earned incomes at that time. 61-4 12. The patent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the wellbeing of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 13. Each parent shall exercise care in screening babysitting/child care providers. Each parent should have the right of veto over child care providers, including babysitters. The telephone numbers of these providers will be provided to both parents. In the event either party elects to have a babysitter other than Danielle Shenk or Kelly Fussenegger, the parties will provide the name, address and telephone number of said babysitter to the other parent reasonably in advance of having the babysitter watch their child. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. AF- 14. Disparaging Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third person to do or say anything which may estrange the child from the other party, their relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other party. The parties shall not use the child to convey verbal messages to the other party about the custody situation or changes in the custody schedule. WHEREFORE, the parties hereto set forth their signatures intending to be legally bound. WITNESSES: Christine Taylor B squire KimberlyC. Pickens // n Ch t :G> w ; yt_N. a• rrh L' YY , ?4ov 2 4 2008C, KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW this 2S day of 2008, based upon the , agreement of the parties and the Stipulation attached hereto, the following Order is entered: 1. The parties shall enjoy shared legal custody of the minor child, Ava Grace Pickens, born April 5, 2004. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding the child back in school, authorizing enrollment in college, authorizing their child's driver's license or purchase of an automobile, authorizing employment, authorizing either child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. Primary physical custody of the minor child shall be with Mother. 3. Father shall have partial physical custody of the minor child in accordance with the following schedule: a. Alternating weekends from Friday after Father is off of work or if he is not working at 5:00 p.m. until Sunday at 5:00 p.m. Father will pick up the parties' child on Fridays at preschool or at the child's babysitter if there is no school on a particular Friday. Father will return the minor child to Mother's residence on Sunday at 5:00 p.m. b. Every Tuesday after Father is off of work or if he is not working at 5:00 p.m., at which time he will pick up the minor child at the babysitter or preschool until Wednesday morning when he drops off the minor child at preschool or her babysitter. C. Every other Thursday preceding a weekend when the parties' child will be with Mother after Father is off of work or if he is not working at 5:00 p.m. until 8:00 p.m. at which time Father will return the child to Mother's residence. d. Such other times as the parties may agree. 4. Vacation: Each party shall have the right to two (2) nonconsecutive weeks of vacation with the minor child with a minimum of thirty (30) days written notice to either party. The party first selecting the vacation shall be entitled to preference. A vacation shall not be elected over the other party's scheduled holidays. The parent exercising vacation will provide contact information while on vacation, including but not limited to, flight numbers, name of hotel or other accommodations and telephone number. 5. Unless mutually agreed otherwise, the parties shall alternate the following holidays: Easter, Thanksgiving and Christmas. a. Easter: Commencing 2009 and every odd year thereafter, Mother shall have the parties' child on Easter. Commencing 2010 and every even year thereafter, Father shall have the parties' child on Easter. The Easter holiday shall consist of Easter Sunday from 9:00 a.m. until 5:00 p.m. b. Thanksgiving: Commencing 2008 and every even year thereafter, Father shall have the parties' child on Thanksgiving. Commencing 2009 and every odd year thereafter, Mother shall have the parties' child on Thanksgiving. The Thanksgiving holiday shall consist of Thanksgiving Day from 9:00 a.m. until 5:00 p.m. C. Christmas: Commencing in 2008 and every even year thereafter, Mother shall have the minor child from December 24 at 12:00 p.m. until December 25 at 12:00 p.m., with Father having the minor child from December 25 at 12:00 p.m. until December 26 at 12:00 p.m. Commencing in 2009 and every odd year thereafter, Father shall have the minor child from December 24 at 12:00 p.m. until December 25 at 12:00 p.m., with Mother having the minor child on December 25 at 12:00 p.m. until December 26 at 12:00 p.m. 6. Mother shall have the minor child each year on trick-or-treat night with Mother to pick up the minor child after work from daycare or the babysitter's until the following morning when Mother drops off the minor child at daycare or the babysitter. 7. Mother shall have the minor child on Mother's Day each year and Father shall have the minor child on Father's Day each year, regardless of the weekend schedule, from 9:00 a.m. until 5:00 p.m. 8. In the event either parent who is scheduled to have the minor child is unavailable for a period of at least 6 consecutive hours, the other parent shall have the first right of refusal to watch the parties' child during said time period. The parent who will be unavailable for said time period will promptly notify the other parent to permit that parent to exercise his/her right of first refusal to care for the parties' daughter. 9. Except as otherwise specifically set forth in paragraph 3 or mutually agreed otherwise, transportation shall be shared equally by the parties, with the party commencing his or her custody to pick up the parties' child at the other parent's residence. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. 10. Each parent shall be entitled to reasonable daily communication with the child, which shall not be excessive. 11. Mother and Father shall discuss and communicate with one another prior to enrolling the child in any extracurricular activities so as to minimize interference with the custody schedules as set forth above. Neither parent shall unreasonably withhold consent to any requested extracurricular activity. The costs associated with any extracurricular activities shall be shared by the parties in proportion to their respective earned incomes as reflected in the parties' then current Order entered by Domestic Relations, or if no Order exists, in proportion to their respective earned incomes at that time. 12. The parent with physical custody during any given period of time shall communicate in a prompt fashion with the other parent concerning the wellbeing of their child, and shall appropriately notify the other parent of any changes in health or educational progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain information from the child's schools, physicians, psychologists, or other individuals concerning their progress and welfare. 13. Each parent shall exercise care in screening babysitting/child care providers. Each parent should have the right of veto over child care providers, including babysitters. The telephone numbers of these providers will be provided to both parents. In the event either party elects to have a babysitter other than Danielle Shenk or Kelly Fussenegger, the parties will provide the name, address and telephone number of said babysitter to the other parent reasonably in advance of having the babysitter watch their child. Parents should provide one another with a phone number and address where the child may be contacted at all times whenever reasonably possible. This principle applies to situations such as vacations and overnights with friends. 14. Disparaging Remarks: Each of the parties and any third party in the presence of the child shall take all measures deemed advisable to foster feeling of affection between the child and the other party. Neither party shall do nor shall either party permit any third person to do or say anything which may estrange the child from the other party, their relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for the other party. The parties shall not use the child to convey verbal messages to the other party about the custody situation or changes in the custody schedule. Distribution: Christine Taylor Brann, Esquire, P.O. Box 650, Hershey, PA 17033 Michael C. Pickens, 3400 Eastern Boulevard, Apartment H-6, York, PA 17402 //. ?` 0 p Rv the C'nnrt ;, i ?'. ,.? r'? I P. ? ... t ';,4 r,j? ty ' _ ?,.L Pti' . 3 - . a ?';;? ?no JUL 2 2 2009 KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ORDER FOR PARENTING COORDINATION AND NOW, this day of T1., , 2009, the parties agreeing in this matter that it is in the best interest of their child, Ava Grace ickens, born April 5, 2004, that a Parenting Coordinator be appointed to assist them in implementing the custodial arrangement and managing the day to day parenting issues on which they do not agree, the following is hereby ORDERED: 1. APPOINTMENT AND TERM: Deborah L. Salem, CACD, LPC, InterWorks, 4331 North Front Street, Harrisburg, Pennsylvania 17110; (717) 236-6630 is appointed as the Parties' Parenting Coordinator until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever first occurs. Legal counsel for either party shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of the date hereof. 2. ROLE OF THE PARENTING COORDINATOR: A. Parent Coordination involves two components: (1) The Parenting Coordinator shall attempt to resolve issues arising out of the custody order/court approved agreement/parenting plan through facilitation, mediation, consultation, coaching and education, all of which are non-decision making functions; (2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parties on the issue(s). B. The Parenting Coordinator will not function as a psychotherapist, counselor, attorney or advocate for the parties, or the parties' child, or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interests of the child. 3. PARENTING COORDINATOR'S AUTHORITY. The Parenting Coordinator, in order to implement the custodial arrangement set forth in the Custody Agreement and resolve related parenting issues about which they do not agree, is authorized to make binding decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody Order/Agreement/Parenting Plan; D. Selection of appropriate school for the child; E. Child's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child-care arrangements and approval of proposed child care providers; G. Clothing, equipment, toys and personal possessions of the child; H. Discipline and behavior management of the child; 1. Introduction of child to significant others and prospective significant others of either parent; J. Information exchange (school, health, social, etc.) and communication with or about the child; K. Coordination of existing court-ordered services for either of the parties or child (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc.); L. Clarification of provisions in the Court Order/Parenting Plan, including, but not limited to, holiday and vacations plans; 2 M. Communication with the child when they are in the other household; N. Recommendation for a re-evaluation or consideration of a change in custody. 0. Other related custody issues that the parties mutually agree, in writing, to submit to the Parenting Coordinator. 4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY: A. The following specific issues are excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) hereinbelow: 1) A change in legal custody decision-making authority set forth in the Custody Agreement/Parenting Plan/Order; 2) A change in primary physical custody (residential parenting time) set forth in the Custody Agreement/Parenting Plan/Order; 3) A change in the Court-ordered custody schedule (parenting time) that substantially reduces or expands the child's time with one or both parents; 4) A change in the geographic residence of the child that would render implementation of the current Custody Agreement/Parenting Plan/Order impossible or impracticable; 5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees. In addition, the Parenting Coordinator is authorized to communicate with the Court as to compliance. B. The Parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parties. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel, or a party if proceeding pro se. 3 6. SOURCES OF INFORMATION: Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including signed HIPAA releases and any other releases requested for collateral contacts. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g. the child, therapists, physicians, childcare providers, teachers, family members, etc.). 7. COMMUNICATION WITH THE PARENT COORDINATOR: A. Protocol: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the sessions (including the child), and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C.S. § 6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principals of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties in practical or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a decision despite the parties' absence. B. Oral and Written Communications with the Parenting Coordinator: The parties and their attorneys shall have the right to receive, but not to initiate, oral ex parte (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be made known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be available to the other party or his/her legal counsel for inspection and copying. In accordance with paragraph 5 hereinabove, no such communications are confidential. C. Written Communications Between the Parenting Coordinator and Appointing Judge: 4 (1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attorneys or a party proceeding pro se. (a) In the event of non-compliance of a party with any provision of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) Detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (2) Absent an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the court shall be in writing, and shall be copied simultaneously to the parties (or, if represented, counsel). If the Parenting Coordinator has communicated orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parties (or, if represented, counsel) in writing the substance of the oral communication. 8. PARENTING COORDINATION DECISIONS: A. PROTOCOL: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the meetings, and whether they will be conducted in person or by telephone. Where domestic violence has occurred or is alleged, the Parenting Coordinator will utilize protocols designed to address safety considerations for all participants. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principles of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a Decision despite the party's absence. B. ORAL AND WRITTEN COMMUNICATIONS WITH THE PARENTING COORDINATOR: The parties and their attorneys shall have the right to initiate or receive oral ex parte (one- sided) communications with or from the Parenting Coordinator, but the fact of such 5 communication shall be made known to the other party. Any party or counsel may communicate in writing with the Parenting Coordinator provided that a copy is given to the other party simultaneously. Copies of any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be accessible to the other party or his/her attorney. All such communications with the Parenting Coordinator shall be governed by the non- confidentiality provisions of numbered paragraph 5, above. D. PARENTING COORDINATOR'S DECISIONS: (a) Decisions made by the Parenting Coordinator, if in writing, shall be binding and effective signed by the Parenting Coordinator, unless superseded by subsequent Order of Court. Decisions need not be in writing and may be made orally if circumstances involving severe time constraints and/or possible emergencies so warrant. Oral decisions shall be binding and effective when made in a fashion communicated to both parties, and such decisions shall be further confirmed in writing to both parties and counsel as soon as practicable. Written decisions shall have the effect of an Order of Court, and a copy of each Decision shall be filed with the Prothonotary's office to be docketed at the captioned docket number. (b) The Parenting Coordinator is authorized to impose sanctions that the Parenting Coordinator deems appropriate for non-compliance with their decisions by the child or a party. (c) The Parenting Coordinator is authorized to make modifications to the parties' current custody arrangement which may exceed ten percent (10%) of the annual percentage of time sharing provided that the adjustment does not result in a change to the custody arrangements as contained in the Court Order without consent of the parties. If the Parenting Coordinator is recommending a change to the custody arrangement in excess of the time described above, the parties may engage in at least two sessions with the Parenting Coordinator to resolve the issue and may simultaneously petition for a modification to the current arrangement. (d) If requested by either party, the Parenting Coordinator will issue a written Report setting for the reasons for a Decision, within 5 days of the issuance of the Decision. 6 9. JUDICIAL REVIEW: A. Review of Decisions: In the event a party objects to a Decision by the Parenting Coordinator, the parties and counsel, if requested by the parties, shall meet and confer with the Parenting Coordinator to attempt to resolve the objections. If the issues are resolved, a written stipulation shall be prepared by the Parenting Coordinator or counsel and submitted to the Court to be entered as an Order. Such stipulation shall modify the prior Decision by the Parenting Coordinator, in whole or in part, as set forth in the stipulation. B. If a party continues to object to a Decision by the Parenting Coordinator, that party may file with the Court a motion for review attaching a copy of the Decision, the Report (if any) and stating the objections with clarity. The Decision shall remain in effect until changed by the Court. There shall be no trial de novo on issues decided by the Parenting Coordinator within the scope of their authority as set forth in paragraph 3 above. The Court will make an independent determination (following an evidentiary hearing if necessary) whether the Parenting Coordinator's Decision is contrary to fact or the law, which shall be the only grounds for review. The burden of proof shall be on the moving party. The Court may delegate such review to its regularly appointed Conciliator where it deems appropriate. C. New Court Proceedings: Prior to filing any new motion, petition or complaint with the Court involving non-emergency custody or parenting of the child within the scope of the Parenting Coordinator's authority, the parties shall discuss said issues with the Parenting Coordinator to attempt resolution of the specific disputed issues (and to permit a Decision to be made to the extent authorized by paragraph 3 hereinabove). If an Emergency Petition is filed against the recommendation of the Coordinator and the Petition is subsequently denied by the Court, the Petitioner will be responsible for the Respondent's attorney's fees, if the Court finds that the Petitioner filed the Emergency Petition in bad faith. D. The procedures set forth in this Section 9 are mandatory, and may not be waived by the parties. 10. QUASI-JUDICIAL IMMUNITY: In accordance with Pa. R.Civ. P. § 1915.17, the Court-appointed Parenting Coordinator is an Officer of the Court, and has quasi-judicial immunity. As such the Parenting Coordinator cannot 7 be sued based on his/her actions performed within the scope of this Custody Agreement/ Parenting Plan/Order. 11. CHILD ABUSE REPORTING: The Parenting Coordinator is a person required to report suspected child abuse pursuant to 23 Pa. C.S.A. § 6311. 12. TESTIMONY: The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems appropriate. The Parenting Coordinator may elect to testify in proceedings regarding compliance with the enforcement of this Order; proceedings regarding the termination of the Parenting Coordinator's services, or concerning the payment of the Parenting Coordinator's fees. 13. ALLOCATION OF FEES: The parties will share the fees of the Parenting Coordinator: 50% Mother, 50% Father, subject to re-allocation by the Parenting Coordinator if they determine that one party has disproportionately caused the need for the service. In the discretion of the Parenting Coordinator, the Parenting Coordinator may charge for missed appointments or appointments cancelled on fewer than 24 hours notice. 14. RETAINER: The parties will pay to the Parenting Coordinator a joint retainer in the percentages referred to above in an amount to be determined by the Parenting Coordinator to be replenished as services are rendered so that there is always a positive balance. Any funds remaining at the termination of the Parenting Coordinator's services shall be refunded to the parties. The Parenting Coordinator shall report to the Court in writing, with a copy sent to both parties and both counsel, concerning a party's apparent failure to cooperate in making such payments as are or may become due under this Order, and the Court shall have the continuing authority under the Rules of Court to sanction a party for non-cooperation. 15. GRIEVANCES: A. If either party has a complaint about the way the Parenting Coordinator is dealing with him/her or regarding the performance or actions of the Parenting Coordinator (as distinct 8 from a disagreement with a Decision of the Parenting Coordinator), that party must discuss the matter with the Parenting Coordinator in person before pursuing it in any other manner. B. If, after discussion, the party remains unsatisfied, he/she must then submit a written letter detailing the complaint or grievance to the Parenting Coordinator, to the other party, to both parties' attorneys (if any), and to the attorney for the child, if one exists. The Parenting Coordinator will, within 20 days, provide a written response to the grievance to both parties, both attorneys, and the attorney for the child, if any. C. If appropriate, given the circumstances, the Parenting Coordinator will then meet with the parties and their attorneys (if any), to discuss the matter. D. If the grievance or complaint is not resolved after this meeting, the complaining party may proceed by noticed motion to the Court for removal of the Parenting Coordinator as specified below. E. The Court shall reserve jurisdiction to determine if either or both parties and/or the Parenting Coordinator shall ultimately be responsible for any portions or all of said Parenting Coordinator's time and costs spent in responding to the grievance and the Parenting Coordinator's attorney's fees, if any. F. Neither party shall complain about the Parenting Coordinator to the Parenting Coordinator's licensing board without first complying with the above grievance procedures. 16. TERMINATION / WITHDRAWAL OF PARENTING COORDINATOR: A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval. B. The Parenting Coordinator may withdraw from service at any time, upon ten days' written notice to the parties, all counsel of record, and the Court. C. Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. Provided the grievance procedures set forth in paragraph 15 above has been complied with, if either party has a grievance with the Parenting Coordinator that has not been resolved informally and privately, than that party may file a Motion with the Court to request the removal of the Parenting Coordinator. The opposing party and Parenting Coordinator shall be given notice of any petition for termination. The Court may rule on the petition(s) submitted, or may schedule argument or an evidentiary hearing. 9 Removal shall only be granted upon a good cause shown, such as the Parenting Coordinator has acted outside the scope of their authority, has an irreconcilable conflict of interest, is unable to be impartial or has acted contrary to the child's best interests. Disappointment with the Parenting Coordinator's Decisions is not grounds for removal. The opposing party and Parenting Coordinator shall be given notice of the motion and may file a response. The Court may rule on the papers submitted or may hold an evidentiary hearing, as it deems appropriate. 17. ACCEPTANCE: A. The parties acknowledge that each has reviewed this Agreement and had the opportunity to consult with legal counsel. B. Each party agrees to the appointment of Deborah L. Salem, CACD, LPC, as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with this Custody Agreement/Parenting Plan/Order. C. The parties authorize the entry of this Stipulation as an Order of Court, enforceable by its terms. CONSENTED TO: I / 1 6/Z e102? r wi N' Christine Taylor B , Esquire Counsel for Mo Witness 10 ?v?L F-fcft? -4 Kimberly K. Pickens, Mother I agree to my appointment as a Parenting Coordinator as set forth above. I will not undertake services until this Stipulation is entered as an Order of Court. r eborah L. Salem, CAC, LPC Parenting Coordinator ORDER APPROVED and ORDERED this 22 day of , 2009. Distribution: , Astine Taylor Brann, Esquire, P.O. Box 650, Hershey, PA 17033; Attorney for Mother ,Michael C. Pickens, pro se, 2461 Brookside Lane, York, PA 17402; Defendant/Father Parenting Coordinator: Deborah L. Salem, CAM LPC, InterWorks, 4335-A North Front Street, Harrisburg, PA 17110 11 BY THE COURT: Nulp JU 24 N i - 4 5 Wd 4 'ti FILED-OFFICE OF THE PROTHONOTARY 2010 0EC, I ? PH 3: 08 CUMBERLA 0 C HTY KIlVIBERLY K. PICKENS, P E 14 N S Y LVA JWHE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 2008-5491 MICHAEL C. PICKENS, CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses in the above-captioned divorce action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: Al By: Courtney Kishe Powell Attorney I.D. # 509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2010 DEC I 1 PH 3: 08 KIMBERLY K. PICKENS, C U M 0 F R L A OM BURT OF COMMON PLEAS Plaintiff P EC'! N S Y I0 RLAND COUNTY, PENNSYLVANIA v : NO. 2008-5491 MICHAEL C. PICKENS, CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses in the above-captioned divorce action. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: ?1 0 Courtney Kishe Powell Attorney I.D. # 509 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff OF THE?P 0 HO O TAR Y 2010 DEC' 17 PH 3: 08 KIMBERLY K. PICKENS, C UM B E R L 4 v D C6 E COURT OF COMMON PLEAS Plaintiff PENINJSYLVAN# ERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - :LAW Defendant : IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date:' ?C D rC (?l 4 131 ' Kimberly K. Pi ens, Plaintiff ,FILED-OFFICE OF THE PROTHONOTARY 2010 DEr, 17 PM 0: 08 KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff CUM B E S L A fJ D C 0 U H TCf JMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA* V. : NO. 2008-5491 MICHAEL C. PICKENS, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: j y P/C ??? '4 13! j0 Kimberly K. Pik. ens, Plaintiff KIMBERLY K. PICKENS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 c o 0 MICHAEL C. PICKENS, CIVIL ACTION - LAWS ?'r= Defendant : IN DIVORCE/CUSTODY r-- - ?rrn ° -<> o AFFIDAVIT OF CONSENT ° -< .D 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: Aw, / 3 AID KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2008-5491 0 -n MICHAEL C. PICKENS, : CIVIL ACTION -LAW - Defendant : IN DIVORCE/CUSTODY n s_ urn ;Uc:1 ?. AFFIDAVIT OF CONSENT o zs 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 16, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ?Z j 3 l? 19 KIMBERLY K. PICKENS, Plaintiff V. MICHAEL C. PICKENS, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5491 o C -n CIVIL ACTION -LAW rn z-n IN DIVORCE/CUSTODY -< =g + J C O :2 C :)-n :Lp PRAECIPE TO TRANSMIT RECORD y c W dC7 C C Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant on September 25, 2008, as evidenced by the Acceptance of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff December 13, 2010; by Defendant: December 13, 2010. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated December 13, 2010. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: December 13, 2010; by Defendant: December 13, 2010. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiffs and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ?? - ?& ? d By: Courtney Kishel P z N ell Attorney I.D. #81 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff 1 .• f KIMBERLY K. PICKENS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5491 MICHAEL C. PICKENS, CIVIL ACTION -LAW G o n Defendant : IN DIVORCE/CUSTODY -O r-'F 3 C 7 "Ot C) i --1 C3 G PRAECIPE TO TRANSMIT RECORD x -O _ ='n c )-n wo c? z? C)m To the Prothonotary: --t C) Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant on September 25, 2008, as evidenced by the Acceptance of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: December 13,2010; by Defendant: December 13, 2010. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated December 13, 2010. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: December 13, 2010; by Defendant: December 13, 2010. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: J?, A ? 0 By: ?KQ Courtney Kishel P ell Attorney I.D. #81500 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY K. PICKENS V. MICHAEL C. PICKENS NO. 08-5491 DIVORCE DECREE AND NOW, z z- , Z--O / ° , it is ordered and decreed that KIMBERLY K. PICKENS , plaintiff, and MICHAEL C. PICKENS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The patties' Marital Settlement Agreement dated December 13, 2010 is hereby incorporated u no merge , in o is ecree m ivorce. By the Court, ld /a 7//o edH. eopy rna; led )(O akry Powell Nowee -t copy rnaaa q. pe# .w