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HomeMy WebLinkAbout09-1209KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Q4-061 CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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, PA 17013 (717) 249-3166 or 800-990-9108 ? ?WERR & LINDSAY ATIUMMO 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Marylou s, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Oq_ 1.1 p q CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY COMPLAMI IN UNDER DIVORCE SECTION 3301(c) or (d) OF THE -.CODE 1. The Plaintiff is Kenneth L. Wickard, an adult individual currently residing at 1630 Waggoners Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Kimberly L. Wickard, an adult individual currently residing at, cto Joy Peet, 1166 McCleary's Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1999 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States FLOWER IS, LINDSAY 26 West High Street Carlisle, PA Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he has the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNT I - CUSTODY 11 Plaintiff seeks custody of the following children: Elizabeth Jade Wickard (DOB January 1, 2002) and Came Lynn Wickard (DOB: April 30, 2004). The children were not bom out of wedlock The children are presently in the custody of Father who resides at residing at 1630 Waggoners Gap Road, Carlisle, Pennsylvania 17013. During the past five years, the children have resided with the following persons and at the following addresses: Names Address Dates Plaintiff and Defendant 1630 Waggoners Gap Road Birth to 01/23109 Carlisle, Pennsylvania 17013 Plaintiff 1630 Waggoners Gap Road 01/23/09 to Present Carlisle, Pennsylvania 17013 The mother of the children is Kimberly L. Wickard, currently residing at 1166 McCleary's Gap Road, Carlisle, Pennsylvania 17013. She is married. The father of the children is Kenneth L. Wickard, currently residing at 1630 SAIDIS, RFLOWER I.IIVDS" 26 West High Street Carlisle, PA Waggoners Gap Road, Carlisle, Pennsylvania 17013. He is married. 12. The relationship of Plaintiff to the children is that of Father. 13. The relationship of Defendant to the children is that of Mother. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any another jurisdiction. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The Plaintiff believes it is in the children's best interest for him to exercise custody on a shared custody basis for the following reasons: a). Plaintiff has been equally responsible for the care, custody and welfare of the children. b). Plaintiff believes he can provide for the children morally, emotional and financial needs on an ongoing basis. c). Plaintiff believes he can provide a stable and consistent home life for the children. 18. 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. WHEREFORE, Plaintiff requests this Court to grant him shared legal and shared FLOWER LENDS" 26 West High Street Carlisle, PA physical custody of the children. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Gt Marylo tas, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Plaintiff ii KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW • NO. CIVIL TERM KIMBERLY L. WICKARD, ; Defendant IN DIVORCE & CUSTODY VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. KENNETH L. WICKARD Date: FLOWER ? LINDSAY 26 West High Street Carlisle, PA ???'-?- ? `?'! N ? ",? ? --i"1 ^-? ? i'7 " ._ - - ? ? ;. ? - .: r t ?yj ?? c 4 KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Q_ ) CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on February 28, 2009 she served a true and correct copy of the Divorce and Custody Complaint upon Kimberly L. Wickard, by mailing those documents to the her address at 1166 McClures Gap Rd., Carlisle, PA 17013 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Kimberly L. Wickard. Respectfully submitted, SAIDIS, FLOWER & LINDSAY FLOWER SAID, LINDSAY AMMINNN-Ey 26 West High Street Carlisle, PA Dated: ?/4 f o I i ?Ij Ma tas, Esqu ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ¦ Coetpisls trims 1, Z snd & Also aomplais item 4 N PAdrk7tsd Delvery is dseked. ¦ Print your mrne and addmas on the reverse so that we ow retum the oard to you. ¦ Much this card to the beck of the mdipiece, or cn I* front M space pemite. 1. AWde Nddromed to: ?C?vnbex?ly ?. Wi eko.rd. tl(olo IM?C.F, Gop Rd- isle, i Pal 17013 Apw1t X Addmw EL 00(ft1CldName) I,* 7- oJkV,&G,iysdft=cNffs,wit from Nam 1? 13yed 9b s. M YES, enter dsNwry eddreae below: NO lypa cwwAd Mau D E1pwaa Mau p a Fatum F9eoelpt for Mwdltaldise ? Ineraed mom 0 C.O.D. 4. PaaUlabd D~(Extra Fie) Nbe 2. Aide*frkmbW 7003 1010 0001 1189 5618 Mmislrar Ao+Mmaiar 1aq? Ps Form 3511, Fswmy=4 Donrsamr Rom Roe-Ipt 102505424,4-1540 C ° l Y? Z y ,t?(7 ?^ {? KENNETH L. WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1209 CIVIL ACTION LAW KIMBERLY L. WICKARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 04, 2009 , 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, March 30, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 V] VA N \S' N3d 9 Z :6 Wd ? - HVW 6081 ?jt, h • E y ,h. A1190GI?3?1?1?- G?d 3H1 :10 I? KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Q°9`(o? bq CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY ACCEPTANCE OF SERVICE I, Kimberly L. Wickard, Defendant, accept service of the Divorce Complaint in the above-captioned matter. 3)6'109 V'?? A, IA"o Date KIMBERLY L I RD R?QNVER SAWIS, LINDSAY 26 West High Street Carlisle, PA r-ol "D MAR 3 0 2009 KENNETH L. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-1209 CIVIL ACTION - LAW KIMBERLY L. WICKARD, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 30th day of March, 2009, the parties having reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq ne M. Verney, Esquire, Cust' Conciliator ?? ? ?? c ?.;?--s a _ « ?., .?.. ti c ; . r-`, :?, '? ti KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Cq_j,9,6q CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY CUSTODY STIPULATION AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Kimberly L. Wickard (hereinafter referred to as "Mother") and Kenneth L. Wickard (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of the following two (2) children: Elizabeth Jade Wickard, born January 1, 2002 and Carrie Lynn Wickard, born April 30, 2004; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: 1. Legal Custody: Mother and Father shall exercise share legal custody of SAIDIS, FLONWR & LINDSAY ATION k.5•AP 26 West High Street Carlisle, PA the children. 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 this paragraph. Each parent shall be entitled to all records and information pertaining to the children including, but not limited to, school and medical records and information. 2. Physical Custody: The parties shall exercise physical custody of the children as follows: a. Mother shall exercise physical custody of the children on Sundays, Tuesday and Fridays overnights to the following mornings; b. Father shall exercise physical custody of the children on Mondays, Wednesdays, Thursdays and Saturdays overnights to the following mornings. 3. Holidays: The parties shall share custody of the children during holidays as follows: a. Easter: In 2009 and all odd numbered years, Mother shall exercise custody of the children from 9am to 2pm and Father shall exercise custody of the children from 2pm to 9pm. In 2010 and all even numbered years, Father shall exercise custody of the children from 9am to 2pm and Mother shall exercise custody of the children from 2pm to 9pm. b. Memorial Day, July 4, Labor Day: In 2009 and all odd numbered years, Mother shall exercise custody of the children during Memorial Day and Labor Day and Father shall exercise custody of the children during July 4. In 2010 and all even numbered years, Father shall exercise custody of the children during Memorial Day and Labor Day and Mother shall exercise custody of the children during July 4. C. Halloween: The parties shall share custody of the children so that they SAIDIS, FLOWER & LINDSAY 1U*FQR nS•AT•uw 26 West High Street Carlisle, PA each will have the opportunity to take the children out for the evening of "trick or treat." d. Thanksgiving: The parties shall share custody of the children on this holiday, from (period one) Wednesday at 2pm through Thanksgiving Day at 2pm; and from (period two) Thanksgiving Day at 2pm through Friday at 2pm. In 2009 and odd years, Father shall exercise custody in period one and Mother shall exercise custody in period two. In 2010 and even years, Mother shall exercise custody in period one and Father shall exercise custody and period two. e. Christmas: The parties shall share custody of the children on this holiday, from (period one) Christmas Eve at 2pm through Christmas Day at 2pm; and from (period two) Christmas Day at 2pm through December 26th at 2pm. In 2009 and odd years, Mother shall exercise custody in period one and Father shall exercise custody in period two. In 2010 and even years, Father shall exercise custody in period one and Mother shall exercise custody and period two. 4. Transportation: Unless otherwise provided for in this Order, transportation of the child shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. At no time, however, shall either parent travel more than ten miles to transport a child to/from the other parent's residence. If one parent moves a distance which requires a transport distance greater than ten miles, then transportation shall be shared so that the parties shall meet at a location halfway between their residences. Otherwise, the parties can review this travel provision and other arrangements shall be mutually agreed upon. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child 5. Financial Care of the Children: The parties shall share equally the SAIDIS, FLOWER & LINDSAY ATT0W EYS•ATIAw 26 West High Street Carlisle, PA costs of the children's school expenses to included, but not be limited to, all school lunches, extracurricular activities and projects. 6. Smoke/Drink/illegal Substances: No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No party shall drink alcoholic beverages in excess or consume illegal substances when in the presence of the children, and no party shall be under the influence of illegal substances when in the presence of the children. In the event it is discovered that either party has violated the terms of this provision the parent not complying with the terms of this provision shall immediately forfeit their period of custody for that particular time and for the next anticipated period of custody. In the event of three (3) violations, the parent who has violated this provision shall submit themselves to a drug and alcohol evaluation. 7. Continuing Education of the Children: The parties agreed that the children shall attend the Carlisle School District. To effectuate this that means that one parent must reside within the Carlisle School District at all time. At the present time, both parents reside in the Carlisle School District. If one parent moves from the Carlisle School District the parent residing in the Carlisle School District will be the parent with primary custody for school purposes only. 8, Extracurricular Activities: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child SAMIS, FLOWER & LINDSAY AMRNM-AT.IAW 26 West High Street Carlisle, PA definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. Neither parent shall commit a child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be required to take a child to that activity if the custodial parent and children are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular Cumberland County. activity, the parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 9. Relocation: Neither parent will relocate outside the jurisdiction of 10. Illness of Children. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. 11. Disparaging Remarks. Each of the parties and any third party in the SAMIS, FLOWER & LINDSAY ATIORNM-AT.uw 26 West High Street Carlisle, PA presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of a children's love and respect for the other parent. The parties shall not use the children to send verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. Modification: Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody to the parties' minor children. 14. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. SAMIS, LINDSAY AT[UBNEYS.AT•uw 26 West High Street Carlisle, PA 3-30-01 Date Date ?? ?4? KENNETH L. WICKARD KIMBERL . WICKARD COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this day of? , 2009, before me, the undersigned officer, personally appeared KENNETH L. WICKARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand a ffi ' I seal. SYLV COMMONWEALTH Of PENN NOTARIAL SEAL OARCIE A. NEIL, Notary Public NOTARY PUBLIC Boro of Carlisle, Cumberland County My Commission Expires Nov, 24, 2009 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS. On this day of NWIkh , 2009, before me, the undersigned officer, personally appeared KIMBERLY L. WICKARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. AA 0 IN WITNESS WHEREOF, I hereunto set my hand and i ial al. Y NOTARY P?OBLIC DARCIEA. NEIL. N®tajryr f*44 Boro of Carlisle, Cumberland 000ty My Commission Expires Nov, 24, 2019 SAIDIS, FLOWER & LINDSAY Ai10, NM,AT uw 26 West High Street Carlisle, PA OF THE FKQ ;t3TARY 2QO9 APR -3 PM 2: 2 ! CU"ML,.jv'?I; Y APR 0 6 20090 KENNETH L. WICKARD, Plaintiff V. KIMBERLY L. WICKARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq-lao9 CIVIL TERM IN DIVORCE & CUSTODY ORDER OF COURT SAIDIS, LINDSAY nno?xs•,vuw 26 West High Street Carlisle, PA AND NOW, this 7 A day of 2009, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: J. cc: , M5rylou Matas, Esquire Attorney for the Plaintiff ,,K'imberly Wickard, pro se 1020 North Middleton Road _ -? Carlisle, PA 17013 S '-IS =1 14d 6-- ?dV 60 01 3I\ 1 -07 KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2009-1209 CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed February 27, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and 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. Date: /J?saxia? Gr/?? KENNETH L. WICKARD PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAII)IS, FLOWER & LWDS" 26 West High Street Carlisle, PA 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 in this Affidavit are true and correct to the best of my knowledge, information and 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. Date: C. - 8,-,:52 9, ,1,e'- ?l?? (.r/W? KENNETH L. WICKARD RLED-QTICE OF THE PROTT lcflfoTARY 2009 JUN -8 PM 3: 13 PEP??,SYLVANA. KENNETH WICKARD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW IN CUSTODY f, KIMBERLY L.ANACKER C= --- (WICKARD) rnca c/3 Defendant :NO. 09-1209 CIVIL TERM -t--b L ;z6 `*� PRAECIPE TO PROCEED IN FORMA PAUPERIS > TO THE PROTHONOTARY: f c Kindly allow Kimberly Anacker, Defendant, to proceed in forma pauperis. The Community Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date dara-Chromi Certified Legal Intern MEGANYRIESMEYER THOMAS M. PLACE Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 " 717-243-2968 KENNETH WICKARD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW IN CUSTODY KIMBERLY L.ANACKER (WICKARD) Defendant :NO. 09-1209 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER AND NOW, comes Kimberly Anacker(Mother)by her attorneys,the Community Law Clinic, and respectfully petitions this court to modify the Order of Court entered on the 7u'day of April, 2009 for custody of Elizabeth Jade Wickard,born January 1,2002 and Carrie Linn Wickard, born April 30, 2004 (the children), a true and correct copy of which is attached. 1. Mother is an adult individual residing at 3515 Enola Road, Carlisle, PA 17015. 2. Kenneth Wickard, (Father) is an adult individual residing at 1630 Waggoners Gap Road, Carlisle,PA 17013. 3. Under the existing Order, Father and Mother share physical custody of the children. Mother is to have physical custody of the children every Sunday,Tuesday and Friday overnight to the following morning. Father is to have physical custody of the children every Monday, Wednesday,Thursday and Saturday overnight to the following morning. Holidays are to be shared by the parties on an alternating basis. 4. This Order should be modified because: M C::j r �. a. On Father's scheduled weekdays the children do not spend much time with Father because he works late hours as a farmer. b. Since Mother has the children until 7:00 p.m. each day,the children spend the majority of their time with Father sleeping. c. Father does not work Saturday evening to Monday morning;therefore, Father would have more time to spend with the children during that time. d. The children, who are nine and eleven years old,have expressed a desire to spend the weekdays with Mother. e. Mother will be moving to 505 N. West Street, Carlisle,PA in December, 2013; therefore,the proposed custody modification would not require a change in the children's school. 5. Concurrence was sought from opposing counsel on September 16, 2013. As of date of filing, opposing counsel has not responded. 6. The Honorable Judge Oler has previously ruled in this matter. WHEREFORE,Petitioner asks that the Court modify the existing Order for Custody and grant Mother primary physical custody of the children Monday mornings through Saturday evenings and grant Father partial physical custody of the children Saturday evenings through Monday mornings because it will be in the best interest of the children. Date: ara Chro iak T Certified Legal Intern r MEGA ESMEYER THOMAS M. PLACE Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle,PA 17013 (717)243-2968 Fax: (717)241-3596 APR 0 6 20090 KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW : NO. ()q-(A99 CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY ORDER OF COURT AND NOW, this '2 day of , 2009, the attached Stipulation and Agreement for Custody is hereby made an Order of Court. BY THE COURT: i J. cc: ,Mgrylou Matas, Esquire Attorney for the Plaintiff ,.K'imberly Wickard,pro se 1020 North Middleton Road Carlisle, PA 17013 S � ,p 0 SA MILS, FLOWER & LINDSAY ,Unowffiyseruw 26 West High Street Carlisle,PA i l KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS 'i Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. oq_{.gDq CIVIL TERM KIMBERLY L. WICKARD, Defendant IN DIVORCE & CUSTODY CUSTODY STIPULATION AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between Kimberly L. Wickard (hereinafter referred to as "Mother") and Kenneth L.Wickard (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of the following two (2) children: Elizabeth Jade Wickard, born January 1, 2002 and Carrie Lynn Wickard, born April 30, 2004; WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their children; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as herein set forth, the parties stipulate and agree as follows: i 1. Legal Custody: Mother and Father shall exercise share legal custody of the children. 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 SAID][ general well being including but not limited to, all decisions regarding their health, S, FLOWER & education and religion pursuant to the terms of this paragraph. Each parent shall be LINDSAY A r0WWYS.tr uw 26 West High Street entitled to all records and information pertaining to the children including, but not Carlisle,PA limited to, school and medical records and information. 2. Physical Custody: The parties shall exercise physical custody of the children as follows: a. Mother shall exercise physical custody of the children on Sundays, Tuesday and Fridays overnights to the following mornings; b. Father shall exercise physical custody of the children on Mondays, Wednesdays, Thursdays and Saturdays overnights to the following mornings. 3. Holidays: The parties shall share custody of the children during holidays as follows: a. Easter: In 2009 and all odd numbered years, Mother shall exercise custody of the children from gam to 2pm and Father shall exercise custody of the children from 2pm to 9pm. In 2010 and all even numbered years, Father shall exercise custody of the children from 9am to 2pm and Mother shall exercise custody of the children from 2pm to 9pm. b. Memorial Day, July 4, Labor Day: In 2009 and all odd numbered years, Mother shall exercise custody of the children during Memorial Day and Labor Day and Father shall exercise custody of the children during July 4. In 2010 and all even numbered years, Father shall exercise custody of the children during Memorial Day and Labor Day and Mother shall exercise custody of the children during July 4. C. Halloween: The parties shall share custody of the children so that they each will have the opportunity to take the children out for the evening of"trick or treat." d. Thanksgiving: The parties shall share custody of the children on this holiday, from (period one) Wednesday at 2pm through Thanksgiving Day at 2pm; and from (period two) Thanksgiving Day at 2pm through Friday at 2pm. In 2009 and odd SARAN, FWNVIER &LINDSAY years, Father shall exercise custody in period one and Mother shall exercise custody ATIO 26 West High Street in period two. In 2010 and even years, Mother shall exercise custody in period one Carlisle,PA and Father shall exercise custody and period two. e. Christmas: The parties shall share custody.Qf the children on this holiday, from (period one) Christmas Eve at 2pm through Christmas Day at 2pm; and from (period two) Christmas Day at 2pm through December 26'h of 2pm. In 2009 and odd years, Mother shall exercise custody in period one and Father shall exercise custody in period two. In 2010 and even years, Father shall exercise custody in period one and Mother shall exercise custody and period two. 4. Transportation: Unless otherwise provided for in this Order, transportation of the child shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. At no time, however, shall either parent travel more than ten miles to transport a child to/from the other parent's residence. If one parent moves a distance which requires a transport distance greater than ten miles, then transportation shall be shared so that the parties shall meet at a location halfway between their residences. Otherwise, the parties can review this travel provision and other arrangements shall be mutually agreed upon. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child. No person transporting the child shall be under the influence of any alcoholic beverages while transporting the child 5. Financial Care of the Children: The parties shall share equally the costs of the children's school expenses to included, but not be limited to, all school I 1 lunches, extracurricular activities and projects. .I SAIDIS, 6. Smoke/Drink/Illegal Substances: No party shall smoke in any part of a FLOWER & confined area with the children present and neither party shall permit another person LINDSAY 11 26 Wcsr High,Scrca to smoke in any part of a confined area with the children present. No party shall drink Carlisic,PA alcoholic beverages in excess or consume illegal substances when in the presence of the children, and no party shall be under the influence of illegal substances when in the presence of the children. In the event it is discovered that either party has violated :I F� i the terms of this provision the parent not complying with the terms of this provision ishall immediately forfeit their period of custody for that particular time and for the next anticipated period of custody. In the event of three (3) violations, the parent who has violated this provision shall submit themselves to a drug and alcohol evaluation. 7. Continuing Education of the Children: The parties agreed that the children shall attend the Carlisle School District. To effectuate this that means that one parent must reside within the Carlisle School District at all time. At the present time, both parents reside in the Carlisle School District. If one parent moves from the Carlisle School District the parent residing in the Carlisle School District will be the parent with primary custody for school purposes only. i 8. Extracurricular Activities: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent, however, shall commit a child to any activity unless the child definitely desires to attend that activity. Participation in activities which take place _IS during the school year is contingent upon the children maintaining passing grades in FLO'WER� LINDSAR, school. Neither parent shall commit a child to activities that fall on the other 26 West High sheet parent's period of custody, without the consent of the other parent, which consent shall Carlisle,PA not be unreasonably withheld. If a child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the child to the activity. However, the custodial parent shall not be f required to take a child to that activity if the custodial parent and children are out of town during that activity, fora previously scheduled vacation. In the event that the custodial parent is unable to deliver a child to the particular activity, he ty, parent who has custody of the child at that time shall notify the noncustodial parent, who shall be entitled to pick up and deliver the child to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 9. Relocation: Neither parent will relocate outside the jurisdiction of flCumberland County. 10. Illness of Children. Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so that the other parent can become involved in the decision making process as soon as practical. 11. Disparaging Remarks. Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the SAIDIS, children from the other parent, their spouse or relatives, or injure the children's opinion LE%gDS Y& of the other party or which may hamper the free and natural development of a ,inuw 26 West High Street children's love and respect for the other parent. Carlisle,PA The parties shall not use the children to send verbal messages to the other parent about the custody situation or changes in the custody schedule. 12. Modification: Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 13. The parties desire that this Stipulation Agreement be made an Order of i i Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody to the parties' minor children. 14. The parties stipulate that in making this Agreement, there has been no ifraud, concealment, overreaching, coercion, or other unfair dealing on the part of the j other party. i 15. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WI ESS 3-30-01 Date KENNETH L. WICKARD 2_r3o 00 Date KIMBERL . WICKARD FLOWER& L DSM 26 West High Street Carlisle,PA COMMONWEALTH;OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND An On this ;) day of MILK , 2009, before me, the undersigned i officer, personally appeared KENNETH L. WICKARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand a f i ' I seal. COMMONWEALTH OF PENNI.Ya NOTARIAL SEAL DARCIE A. NEIL, Notary Public I� Boro of Carlisle, Cumberland Counttyy NOTARY PUBLIC My Commission Expires Nov, 24, 2;% COMMONWEALTH OF PENNSYLVANIA : :SS. COUNTY OF CUMBERLAND On this day of� , 2009, before me, the undersigned officer, personally appeared KIMBERLY L. VVICKARD, known to me (or satisfactorily proven) to be the person whose name is sub-scribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and l ial al. I NOTARY BLIC DARCIEA.NEIL, Now P144k Bore of Carlisle, Cumberland WAY My Commission Expires Nov, 24, 2009 SAIDIS, LP-IDSAY ATIOWEVS.,v:uw 26 West High Street Carlisle,PA ALED-OFFM OF THE FROTHONOTAFff 2009 APR -3 PM 2: 2 l , Cullk,_' t;N i Y r^t n:. VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 3 Kimberly Anacker CERTIFICATE OF SERVICE I,Cara Chromiak, Certified Legal Intern,the Community Law Clinic,hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail,postage prepaid,this�- day of V , 2013: Marylou Matas,Esquire Saidis, Sullivan&Rogers 26 West High Street Carlisle,PA 17013 ara Chromiak Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle,PA 17013 717-243-2968 KENNETH WICKARD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY = KIMBERLY L. ANACKER rn� rn M M r -- (WICKARD) U, r ❑ Defendant : NO. 09-1209 CIVIL TERMS M , CRIMINAL RECORD/ABUSE HISTORY VERIFICATION ' I, Kimberly Anacker, 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 the 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 ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (Relating to criminal Homicide) ❑ 18 Pa. C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) r ❑ 18 Pa. C.S. §2709.1 ❑ ❑ (related to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (related to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (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 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §1322.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to, aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) s ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa. C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa. C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (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 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving.under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, ❑ ❑ 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 ❑ ❑ 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 a jurisdiction ❑ Other: ❑ ❑ 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 other parry'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. Date Kimberly Ana r KENNETH WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1209 CIVIL ACTION LAW -o-: `z -' � Z �rl KIMBERLY L. ANACKER IN CUSTODY ? } DEFENDANT 3> f�• C.3 �3�-; ORDER OF COURT . , AND NOW, Friday,September 27,2013 , 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,October 22,2013 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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: /s/ facqueKne 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR 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 100 iY`a� sq— Telephone (717) 249-3166 oblmry uni+q law Nitk- �" w�et", k i3 KENNETH WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2009-1209 CIVIL ACTION - LAW KIMBERLY L. ANACKER, ;ua Defendant : IN CUSTODY 1-;'-'1 c) (1 f N) ORDER OF COURT AND NOW,this a'a v'`day of O fir , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the I g1''day of b2.ea,..e.c.,r , 2013 at q'.DD A .m. in courtroom number of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheduled in Court Room No. 02-- , of the Cumberland County Court House, on the Lei—day of , 201Y'at -1, o'clock, ,A . M., at which time testimony will taken. r purposes of this Hearing, Mother shall be deemed to be the moving party and shall proceed initially with testimony. 3. Pending the hearing,the prior Order of Court of the Honorable J. Wesley Oler, Jr. dated April 7, 2009 shall remain in full force and effect. 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: Cara Chromial, certified legal intern, Counsel for Mother Tim Smith, Esquire, Community Law Clinic -' Iarylou Matas, Esquire, Counsel for Father &.s ,�'th� C..) I !214//3 =-r1 KENNETH WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2009-1209 CIVIL ACTION- LAW KIMBERLY L. ANACKER, 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 Elizabeth Jade Wickard January 1, 2002 Father Carrie Lynn Wickard April 30, 2004 Father 2. A Conciliation Conference was held in this matter on October 22, 2013, with the following in attendance: The Father, Kenneth Wickard, with his counsel, Marylou Matas, Esquire, and the Mother, Kimberly L. Anacker, with her counsel, Cara Chromial, certified legal intern and Tim Smith, Esquire, Community Law Clinic. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated April 7, 2009 providing for shared legal custody, Father having primary physical custody and Mother having three overnights each week. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody, with Father having every weekend Friday to Monday. Mother asserts that Father is a farmer and works long hours during the week and is only available to spend time with the children on the weekends. Mother acknowledges past mental health issues but asserts that they were due to the breakup of the marriage, which she has recovered from. 5. Father's position on custody is as follows: Father seeks to maintain the status quo but would agree to include a right of first refusal clause and provide Mother with an additional overnight on alternating weeks. Father asserts that Mother has moved her residence 5 times in 4 years, and that she has past mental health issues. 7. 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. /0 z /3 Date , Jac eline M. Verney, Esquire Custody Conciliator KENNETH WICKARD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY KIMBERLY L. ANACKER : (WICKARD) : , Defendant : NO. 09-1209 CIVIL TERM rc. cn -- MOTION FOR CONTINUANCE -p- Defendant, Kimberly Anacker, by and through her attorneys, the Community Law Clinic, requests a continuance of the pretrial conference schedule for December 19, 2013 and hearing scheduled for January 24, 2014 and in support thereof sets forth the following: 1. Defendant is represented by the Community Law Clinic which is staffed by student attorneys. 2. No students will be present at the clinic at the time of the prehearing conference. 3. The hearing is scheduled at the beginning of the spring semester at which time a new student attorney will not be fully prepared to represent a client at a hearing. 4. Marylou Matas, Esquire, opposing counsel, concurs in this request. 5. The Honorable Judge Ebert has previously ruled in this matter. Respectfully Submitted, Date: December 11, 2013 McKenzie C k Certified Legal Intern )AUI /1/( R./(Xe THOM 4 S M. PLACE MEGAN RIESMEYER Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 241-3596 KENNETH WICKARD : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN CUSTODY KIMBERLY L.ANACKER • (WICKARD) Defendant : NO. 09-1209 CIVIL TERM ORDER OF COURT , AND NOW, this 101--day of .tiznG, „_. , 2013, upon consideration of the attached Motion for Continuance, the motion is granted. A pre-hearing conference is now scheduled for the .1Zfiay of . by , 2014, and a hearing is scheduled for the Ills-day of LI1 FN , 2014. CA-1— r 4s p' nn,, . 43i1• -e tASZ2 .- . �-�1a20I� . BY THE COURT: • Date Judge r..r c�' t cLL n E , � f_.... M c r-... t G.,�. 77.17{ a CD i all 8/13 ..w{ ten KENNETH WICKARD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY L. ANACKER, (WICKARD) DEFENDANT NO. 09-1209 CIVIL ORDER OF COURT AND NOW, this 27th day of January, 2014, after pre-trial conference in the above referenced case and with the agreement of the parties; IT IS HEREBY ORDERED AND DIRECTED that Michael J. Whare, Esquire is appointed Guardian Ad Litem for the children, Elizabeth J. Wickard, (dob: 1/01/02); and Carrie Lynn Wickard, (dob: 4/30/04). The Guardian Ad Litem shall interview the children, visit the homes of the parents and provide the Court with a recommendation as to physical custody in this case. The custody hearing is currently scheduled for Friday, March 7, 2014, at 1:45 p.m. in Courtroom No. 2. By the Court, M. L. Ebert, Jr., J. ✓ Marylou Matas, Esquire Attorney for Plaintiff egan Riesmeyer, Esquire Attorney for Defendant �- S- ./Michael J. Whare, Esquire �� � �-r Guardian Ad Litem ,- r`� bas KENNETH L. WICKARD, • IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA n , f • v. : CIVIL ACTION - LAW rnw • NO. 2009-1209 CIVIL TERM z KIMBERLY L. WICKARD, : te'f"- c•� �W Defendant : IN DIVORCE & CUSTODY ►— - ��- J. Ebert 2> � CRIMINAL RECORD/ABUSE HISTORY VERIFICATION z" ":211 I, Kenneth L. Wickard, hereby swear or affirm, subject to penalties of law including °T8 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 an 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 ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restrant) ❑ 18 Pa.C.S. §2903 ❑ ❑ Jrelating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ [relating to involuntary deviate sexual Intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (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 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sales ❑ ❑ 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 history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by Children &Youth ❑ ❑ 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: ❑ El 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. Date: /—Z4'--/7 z/ Signature Printed Name KENNETH L. WICKARD, : IN THE COURT OF COMMON PLEAS _;_ Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA -0 _t- ---t v. • CIVIL ACTION - LAW x )'. • NO. 2009-1209 CIVIL TERM w _' KIMBERLY L. WICKARD, : r- - --4c,, Defendant : IN DIVORCE & CUSTODY <° a2. J. Ebert a CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Kimberly L. Wickard, 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 an 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 ❑ 18 Pa.C.S. Ch.25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ El (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restrant) ❑ 18 Pa.C.S. §2903 ❑ ❑ (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 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual Intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animals) ❑ 18 Pa.C.S. §3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (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 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of Protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sales ❑ ❑ 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 history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by Children &Youth ❑ ❑ 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: ❑ ❑ 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. Date: If-241 )g An ' OftueviluA Signature K►AAk-er 'knotc k Printed Name j KENNETH L. WICKARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW x, NO. 2009-1209 CIVIL TERM KIMBERLY L. WICKARD, ;1 Defendant IN DIVORCE & CUSTODY J. Ebert ate• + ORDER OF COURT— PARENTING PLAN �. r. AND NOW, this 10 day of Ft , 2014, in consideration of . the best interests of the parties' minor children, namely Elizabeth Jade Wickard, born January 1, 2002 (age 12), and Carrie Lynn Wickard, born April 30, 2004 (age 9.) It is hereby ORDERED AND DECREED as follows: 1. Legal Custodial Responsibilities: Kimberly L. Wickard, (hereinafter referred to as "Mother") and Kenneth L. Wickard, (hereinafter referred to as Father) shall exercise shared legal custodial responsibilities for the children. a. Major parental decisions concerning the children, including but not limited to, the children's health, medical, dental & orthodontic treatment, mental health treatment, } education, religious training and upbringing shall be made jointly by the parents. b. Each parent has the duty to obtain and is entitled to complete and full information and records from the children's doctors, dentist, teachers, mental health professional(s) or other related entities and is entitled to have copies of any reports or information given to either parent, in accordance with 23 Pa. C.S.A. §5309. Law Offices of Saidis C. Each parent shall execute any and all legal authorizations so that the other Sullivan parent may obtain information from their children's schools, physician's dentists, & Rogers 26 West High street orthodontists, psychologists, or other similar individual or entities concern their Carlisle,PA 17013 progress and welfare. d. Neither parent shall impair the other parent's rights and responsibilities for their shared legal custodial responsibilities for their children. 2. No Conflict Zone: a.. The parents shall not alienate the affections of the children from the other parent and the other parent's extended family and shall make a special conscious effort not to do so and to the extent possible 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 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. 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. d. Each parent shall refrain from encouraging their children to provide reports about the other parent. Communication should always take place directly between parents, never using their children as an intermediary. 3. Physical Custodial Schedule and Responsibilities: a. The parties shall exercise shared physical custody on the following weekly schedule: Law Offices of Saidis i) Sunday at 5pm to Tuesday at 5pm, with Mother; Sullivan ii) Alternate Tuesday overnights, from 5pm to 5pm Wednesday; & Rogers 26 west High street iii)Wednesday at 5pm to Friday at 5pm with Father; Carlisle,PA 17013 iv)Friday at 5pm to Saturday at 5pm with Mother; v) Saturday at 5pm to Sunday at 5pm with Father. b. Such additional times as the parties may agree. c. With regard to any emergency custodial decisions, the parent having physical custodial responsibility for the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. 4. Holidays shall take precedence over the regular schedule and the parent receiving custody shall provide transportation to the other parent's residence unless the parent's agree to exchange elsewhere: a. Easter: In odd numbered years, Mother shall exercise custody of the children from 9am to 2pm and Father shall exercise custody of the children from 2pm to 9pm. In even numbered years, Father shall exercise custody of the children from 9am to 2pm and Mother shall exercise custody of the children from 2pm to 9pm. b. Memorial Day, July 4, Labor Day: In odd numbered years, Mother shall. exercise custody of the children during Memorial Day and Labor Day, and Father shall exercise custody of the children during July 4. In even numbered years, Father shall exercise custody of the children during Memorial Day and Labor Day and Mother shall exercise custody of the children during July 4. c. Halloween: The parties shall share custody of the children so that they each will have the opportunity to take the children out for the evening of"trick or treat." d. Thanksgiving: The parties shall share custody of the child on this holiday, from (period one) Wednesday at 2pm through Thanksgiving Day at 2pm; and from (period two) Thanksgiving Day at 2pm through Friday at 2pm. In odd numbered years, Father Law Offices of Saidis shall exercise custody in period one and Mother shall exercise custody in period two. Sullivan In even numbered years, Mother shall exercise custody in period one and Father shall & Rogers 26 West High street exercise custody in period two. Carlisle,PA 17013 e. Christmas: The parties shall share custody of the children on this holiday, from (period one) Christmas Eve at 2pm through Christmas Day at 2pm; and from *period two) Christmas Day at 2pm through December 26th at 2pm. In odd years, Mother shall w exercise custody in period one and Father shall exercise custody in period two. In even years, Father shall exercise custody in period one and Mother shall exercise custody in period two. f. Mother shall have physical custody of the children on Mother's Day, from 9am to 9pm. Father shall have physical custody of the children on Father's Day from 9am to 9pm. g. Vacation: Each party shall be entitled to one uninterrupted week per year of vacation time with the children, to begin on his or her own weekend period of custody and not to "piggyback" on the other parent's period of physical custody. The parent requesting a period of vacation shall provide at least a minimum of 30 days advance notice to the other parent of the vacation time requested, which shall include the time requested, the location of the vacation, and a means by which the children can be contacted. If the children will be traveling by flight, flight information shall be provided, as well. If the parties have chosen the same vacation time, the first parent to provide notice shall be entitled to enjoy that period of vacation time with the child. 5. Extracurricular Activities: a. The parents shall organize ways for the children to maintain their friendships, extracurricular activities, and other special interests, regardless of which household they may reside. b. Each parent shall provide the other with at least forty-eight (48) hours advance Law Offices of Saidis notice of school or other activities and two weeks notice whenever possible. Sullivan c. Both parents shall honor and be supportive of the extracurricular activity in & Rogers 26 West High Street which the children wish to engage. Carlisle,PA 17013 d. Each parent shall confer with the other before arranging regularly occurring extracurricular activities for the children which might interfere with regular visitation. e. During the times that the parents have physical custodial responsibilities each parent will make certain that the children attends their extracurricular activities and transport them on time to and from games, practices and any activities that are scheduled so that they is able to participate in those events. 6. Child's Property: Toys, clothes, etc. shall not become matters of contention between the parents as these generally are the children's property, and not the parents', entitling the toys or clothes to be taken by the children and back with the children, as reasonably appropriate. 7. Family Gatherings: The parents shall permit and support the children's access to all family gatherings, provided that each parent ensures that the children is not exposed to any known felons, criminals or other persons deemed unsafe or who may be involved with drug/alcohol activity. Special family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be accommodated by both parties with routine visitations resuming immediately thereafter. 8. Child-Care providers: Each parent shall have the right of first refusal if the other parent is not available to directly supervise the children during his/her periods of custody for a period of 3 hours or more. Law Offices of Saidis Parents shall provide one another with a phone number and address where Sullivan their children may be contacted at all times, whenever reasonably possible. This & Rogers 26 West High Street principle applies to situations such as vacations with friends but not to ordinary Carlisle,PA 17013 overnights at a friend's house when the children are older and such overnights are anticipated. Should either parent have their children spend three hours or more or an overnig t at a place other than their primary residence, the other parent will be given the address and phone number and the option to assume primary physical custodial respon ibility in lieu of another caregiver (if someone other than family members.) 9. �Ilegal Drugs, Cigarettes, Alcohol:. The parents shall not possess or use any illegal controlled substances, nor shall th Dy consume alcoholic beverages or illegal controlled substances to the point of intoxication within 12 hours prior to or during periods of physical custodial responsibilities, nor smoke cigarettes inside their residence or vehicle in the presence of the children. The parents shall likewise assure that other household members and/or house guests comply with this prohibition. The parents shall ensure that the children are not in the presence of any known criminals. 10. Electronic Contact: Each parent shall be entitled to reasonable (not excessive) telephone, email, and/or text messaging contact with the children when they is in the custody of the other parent. 11. Relocation: Neither parent shall permanently relocate if the relocation would necessitate a change in the visitation schedule or significantly impair the ability of the non-relocating party to exercise custody, change of school district for their children, or exceed a 60 mile radius without a minimum notice of ninety (90) days to the other parent. The 90 day notice is designed to afford the parents an opportunity to Law Offices of Sa>,idis renegotiate the custodial arrangements or to have the matter scheduled for mediation, Sullivan and/or listed for a court hearing. & Rogers 26 West High Street Carlisle,PA 17013 The party proposing relocation must notify all parties in accordance with Section 5337 of the Custody Act. No relocation shall occur unless 1) every person with custody consents or 2) the Court approves the proposed_relocation. By the Court, k I Judge Ebert I Kimberley Wickard, Mother Date I/aq Kenneth Wickard, Father Date d�,70 )IZ� Jj Attorney for Mother Date Attorney f r ather Date- Law Offices of Saidis Sullivan m t- & Rogers I JbP.,S /'all 26 West High Street r Carlisle,PA 17013 /�• m��T�c