Loading...
HomeMy WebLinkAbout09-8152RORY M. KRAMER Plaintiff V. HEATHER L. WICKARD Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. G?_ CN'' -Fr'{.. CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, this "day of November, 2009, comes the Plaintiff, Rory M. Kramer, by and through his undersigned attorney, Joseph L. Hitchings, Esquire and avers in support of his Complaint for Custody as follows: 1. Plaintiff, Rory M. Kramer, is an adult individual residing at 350 Mitchell Road, Newport, Perry County, Pennsylvania 17074. Plaintiff is the father of the child. 2. Defendant, Heather L. Wickard, is an adult individual residing at 24 Terri Road, Carlisle, Cumberland County, Pennsylvania 17013. Defendant is the mother of the child. 3. Plaintiff seeks joint physical custody of the following minor child: Name: Kenadee Ann Wickard; Present Residence: 24 Terri Road, Carlisle, PA 17013; Date of Birth: June 28, 2009; Age: 4 months. 4. The child was born out of wedlock. 5. Since birth, the child has resided with the following persons and at the following addresses: a. Name: Heather L. Wickard, Logan Wickard, Jacob Wickard Addresses: 24 Terri Road, Carlisle, PA 17013 Dates: Birth - present 6. Plaintiff has not participated as a party in any other litigation concerning custody of the child in this Court or any other Court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. Defendant has severely restricted Plaintiff s access to his daughter and has refused Plaintiffs requests to see his daughter. 10. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff desires to have a meaningful relationship with his daughter and he can provide a safe, loving, and stable home environment. 11. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, Rory M. Kramer, respectfully requests that this Honorable Court grant him joint physical custody of his minor daughter, Kenadee Ann Wickard. Respectfully Submitted, INGS LAW OFFICE L. Hiitch1hp-s, E quire ID No. 65 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Facsimile: (717) 790-6019 Attorney for Plaintiff VERIFICATION I, Rory M. Kramer, verify that the statements made in this Complaint for Custody are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.5. § 4904 relating to unworn falsification to authorities. Date Kramer THE 2M NOY 24 AH 1 14 r 41(c5.50 Pp A" e?.? t t59 QT'S r,23?103(p JUL 14 2010 RORY M. KRAMER, Plaintiff V. HEATHER L. WICKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8152 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of , 2010, upon consideration of the attached Custody Co iation eport, it is ordered and directed as follows: 1. The Father, Rory M. Kramer and the Mother, Heather L. Wickard, shall have shared legal custody of Kenadee Ann Wickard, born June 28, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child on alternating weekends, Saturday and Sunday from 11:00 a.m. to 5:00 p.m. 4. Father shall be responsible for all transportation unless otherwise agreed. 3 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for September 14, 2010 at 9:30 a.m. BY THE C , J. vcc: Joseph L. Hitchings, Esquire, Counsel for Father n ~ ;_1 /Heather L. Wickard, pro se ~ <~ ~'~' ~ :: _ i,~ 24 Terri Drive ~' ~~'~ `~" ~ __ Carlisle, PA 17013 `_.,_ ~-~~ ~/ u.` -', P i C5 ~,1 ~t 7~~S~I D ~ ~ ~ __ "`:7 RORY M. KRAMER, Plaintiff V. HEATHER L. WICKARD, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8152 CIVIL ACTION -LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY 1N CUSTODY OF Kenadee Ann Wickard June 28, 2009 Mother 2. A Conciliation Conference was held in this matter on July 13, 2010, with the following in attendance: The Father, Rory M. Kramer, with his counsel, Joseph L. Hitchings, Esquire, and the Mother, Heather L. Wickard, pro se. 3. The parties agreed to an Order in the form as attached. Date: ~ / `l - / c ~~ ~ ~~~°~ ~Z-~.~-. /Jacq line M. Verney, Esquire Custody Conciliator RORY M. KRAMER, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009 - 8152 CIVIL TERM - LAW HEATHER L. WICKARD, Defendant IN CUSTODY CERTIFICATE OF SERVICE cr, I, Abraham Prozesky, the undersigned, hereby state that I served a copy o ``=' c?a NJ 1. Petition for Contempt and Proposed Order in the above-captioned matter upon Defendant: A. by mailing, U.S. first class mail, postage prepaid to the Defendant's counsel of record, Mr. Mark A. Mateya, Esquire, at his last known mailing address at P.O. Box 127, Boiling Springs, Pennsylvania, 17017 on June 5, 2012. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to unsworn falsification to authorities. Date: L 0 Z b12 AbrallQm esky, Esquire Attorn Defendant PA # 209787 67 Stover Court Hu elstown, PA 17036 Tel: (717) 982-1532 RORY M. KRAMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-8152 CIVIL ACTION LAW: HEATHER L. WICKARD r` IN CUSTODY DEFENDANT CZ: r- ORDER OF COURT AND NOW, Monday, June 11, 2012 , 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, July 03, 2012 at 1:30 PM -- for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _ /s/ Jacqueline M. Verne Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 ? C'e?iF . Copy W,71 7'0 vCol? Y ? f ?e? f? Te e?/phone (717) 249-3166 ?fro e- CS OA6? ?G??Y ""*71 le d 7lv ?" Y(v Id7 Ir_* Velwu? s G/r/Z RORY M. KRAMER, Plaintiff V. HEATHER L. WICK.ARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8152 CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this 7~day of ~ _, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Father's Petition for Contempt is held in abeyance. 2. The prior Order of Court dated July 14, 2010 shall remain in full'force and effect with the following modifications and additions. 3. Beginning Saturday, September 1, 2012 Father shall have periods of partial physical custody of the child on alternating Saturdays and Sundays from'' 11:00 a.m. to 5:00 p.m. The exchange shall occur at the McDonald's on Walnut Bottom Road in Cazlisle, Pennsylvania and Mother may stay for the first one-half hour for the first 3 weekends. Father shall return the child to Mother at the Holy Spirit Family Health Center on York Road in Carlisle, Pennsylvania. 4. Father shall have physical custody of the child from 2:00 p.m. to 7:00 p.m. if Father does not already have physical custody pursuant to the regulaz Saturday/Sunday schedule on the following holidays: thanksgiving, Christmas Day, Easter, Father's Day, Memorial Day, July 4`h and Labor Day. 5 RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless ever individual who has custodial rights to the child consents to the proposed relocatlion or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. c~Abraham Prozesky, Esquire, Counsel for Father Mark A. Mateya, Esquire Ypres sled ~~3Dlia '_ /`'' BY THE COUR J. r. ~c ~• c~a ---f ..,; ~1 N a c c~ w 0 a w cq 4~~ ~~ .'°j r~ ~;== ~, z ~--- ~? ,~., a RORY M. KR.AMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2009-8152 CIVIL ACTION -LAW HEATHER L. WICKARD, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kenadee Ann Wickazd June 28, 2009 Mother 2. A Conciliation Conference was held in this matter on August 24, 2012, with the following in attendance: The Father, Rory M. Kramer, with his counsel, Abraham Prozesky, Esquire, and the Mother, Heather L. Wickazd, with her counsel, Mazk A. Mateya, Esquire. 3. The Honorable Edwazd E. Guido previously entered an Order of Court dated July 14, 2010 providing for shazed legal custody, Mother having primary physical custody and Father having alternating weekends, Saturday and Sunday from 11:00 a.m. to 5:00 p.m. 4. Father filed a Petition for Contempt alleging Mother had failed to allow Father his periods of custody. Mother maintained that she had offered the time to Father but he has failed to exercise his periods of custody. 5. The parties agreed to an Order in the form as attached. Date: !~ '~~ '/Y ~.~, acq line M. Verney, Esquire Custody Conciliator t•7 tt~ C7 N c:~ ~, c° 7 PRO T�11 ' - J'' 2['!3 APR -9 PH 2: 3 CUMBERLAND 606�1,-;TV PENNSYLVANIA Jane Adams ATTORNEY AT LAW Attorney I.D.No. 79465 17 W.South St. Carlisle,Pa.17013 (717)245-8508 esqadams@gmail.com -----------—-------—----------—-—- RORY M. KRAMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2009 - 8152 Civil Term HEATHER L. WICKARD, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Defendant/Petitioner, Heather L. Wickard, by and through her counsel, Jane Adams, Esquire, and petitions the Court as follows: 1. Heather L. Wickard, Petitioner, (hereinafter referred to as "Mother"), is the Defendant in the above-captioned matter, and is an adult individual currently residing at 113 Meals Drive, Carlisle, Pa. 17015. 2. Rory M. Kramer, Respondent, (hereinafter referred to as "Father") is the Plaintiff in the above-captioned matter, and currently resides at 350 Mitchell Road, Newport, Perry County, Pennsylvania, 17074. 3. The parties are the natural parents of Kenadee A. Wickard, born June 28, 2009, age 3. 4. The parties are subject to Orders of Court under the above-captioned docket number, under which Mother has primary physical custody of the child, 5. Since entry of the last Order, there has been a substantial change of circumstances in that: (a) During the week of March 3rd, the child repeatedly related to Mother that her private area was sore. (b)Mother took the child to the doctor, who made a referral to the Children's Resource Center, Children and Youth, and the State Police. (c)The final results of the investigation are pending. 6. Since March Td, 2013, Mother has observed repeated uncharacteristic behaviors exhibited by the child: (a) Recurring night terrors and nightmares; (b) refusal to eat and loss of urinary control at daycare; (c)thumb sucking; (d) excessive clinginess to Mother and expressions of that she is afraid, 7. Mother enrolled the child in play therapy to address her behaviors, as recommended by Children and Youth and the doctor at Children's Resource Center. 8. On or about March 26, 2013, Father told Mother he called the therapist and revoked his consent for the child to participate in play therapy. 9. Play therapy for the child was consequently cancelled. 10. Mother is extremely concerned about the child's mental and physical health due to recent events and her behaviors and the fact that she cannot obtain services for the child due to Father's non-cooperation. 11. Mother is requesting a modification of the current custody Order because the Order does not adequately provide for and protect the child. 12. Mother is requesting a court Order which would provide for: (a)Unilateral authority to enroll the child in play therapy and get the Child treatment for the behaviors and issues which have recently arisen; (b) Suspension of all of the child's visits with Father until safeguards are in place which can assure that the child is safe and not fearful in Father's home. 13. It is believed and averred that the best interest and permanent welfare of the child will be promoted by changes proposed in this custody petition because the modification will ensure the child's safety and well being. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the child. Respectfully submitted, Date: /3 ne Adams, Esquire , "Adams, No. 79� .D. N , 79465 West Sc 147 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6*3 4Herd, Mother RORY M.KRAMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA - . �M V. 2009-8152 CIVIL ACTION LAW -<> ut HEATHER L. WICKARD ' IN CUSTODY C�: CDC C DEFENDANT ORDER OF COURT AND NOW, Friday,April 12,2013 ,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 Wednesday,May 22,2013 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ _Jacqueline M. Verney, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH. BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VeewoAj RORY M. KRAMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-8152 CIVIL ACTION - LAW c, C r HEATHER L. WICKARD, M M , Defendant : IN CUSTODY :Z ORDER OF COURT � © 'ZE >� 1I77���jj 51 AND NOW, this �71�'�"day of—MA , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated August 29 2012 shall remain in full force and effect with the following modifications and additions. 2. Mother shall have the right to unilaterally authorize the child to receive play therapy. 3. All of Father's contact with the child shall be supervised at the YWCA in Harrisburg, Pennsylvania. The parties shall cooperate with an intake at the YWCA to facilitate the visitation. 4 RELOCATION: No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE C©t T, lox J. cc: e Adams, Esquire, Counsel for Mother Rory M. Kramer, pro se 350 Mitchell Road Newport, PA 17074 L 33 f.t RORY M. KRAMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-8152 CIVIL ACTION - LAW HEATHER L. WICKARD, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido,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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kenadee Ann Wickard June 28, 2009 Mother 2. A Conciliation Conference was held in this matter on May 22, 2013, w ith the following in attendance: The Mother, Heather L. Wickard, with her counsel, Jane_-' Adams, Esquire. Father, although notified of the conference did not attend. 3. The Honorable Edward E. Guido previously entered an Order of Court dated August 29, 2012 providing for shared legal custody, Mother having primary,; physical custody and Father having alternating Saturday and Sunday from 11:00 im. to 5:00 p.m. 4. Mother filed a Petition for Modification, alleging possible sexual abuse of the child and requesting supervised visitation and play therapy. 5. Mother requested an Order in the form as attached. Date: iVacqtQline M. Verney, Esquire Custody Conciliator