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HomeMy WebLinkAbout10-2453Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -CUSTODY C? 11 KYLE J. WILSON, Defendant NO. - y 3 c f e.??. -? I 1 ,? CUSTODY COMPLAINT 1. The Plaintiff is Aimee M. Patrick (hereinafter referred to as "Mother" who currently resides at 17 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Kyle J. Wilson (hereinafter referred to as "Father"), who currently resides at 1705 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks shared legal and primary physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Jeramiah J. Wilson Caleb M. Wilson 17 W. Locust Street Mechanicsburg, PA 17 W. Locust Street Mechanicsburg, PA The children were born out of wedlock. January 22, 2006 March 5, 2007 The children are presently in the custody of Mother who currently resides at 17 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. f 7 q- 00 1a a , ? ?y©vso During the past five years, the children have resided with the following persons at the following addresses: NAMES OF PERSONS ADDRESSES DATES Mother, Father, children, 17 W. Locust Street Birth - July, 2007 Mother's Mother, Denise Mechanicsburg, PA Blackley, and Mother's Step- Father, Robert Blackley Mother, Father and children 1705 English Drive July, 2007- January 16, 2010 Mechanicsburg, PA Mother, children, Mother's 17 W. Locust Street January 16, 2010-present Mother, Denise Blackley, and Mechanicsburg, PA Mother's Step-Father, Robert Blackley The Mother of the children is Plaintiff, currently residing at 17 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania. She is single. The Father of the children is Defendant, currently residing at 1705 English Drive, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 4. The relationship of the Plaintiff to that of the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Aimee M. Patrick RELATIONSHIP Self Jeramiah J. Wilson Son Caleb M. Wilson Son Denise Blackley Mother Robert Blackley Step-Father 5. The relationship of the Defendant to that of the children is that of Father. The Defendant currently resides with the following persons: NAME RELATIONSHIP Kyle J. Wilson Self 6. 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 another court. 7. The Plaintiff has no information of a custody proceeding concerning the children pending in any court of this Commonwealth or any other state. 8. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested because the parties have amicably negotiated a parenting plan for their children and 3 desire same to be incorporated into an Order of Court. A copy of the parenting plan is set forth in the Stipulation attached hereto as Exhibit A, which the parties mutually desire to be entered as a Custody Order. 10. 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, the Plaintiff requests the Court to grant shared legal and primary physical custody of the children to the Plaintiff as set forth in the attached Stipulation. DATE: April 14, 2010 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 ?Tl Lllllr,V VIl VVI New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY KYLE J. WILSON, Defendant NO. VERIFICATION I, Aimee M. Patrick, hereby certify that the facts set forth in the foregoing CUSTODY COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: J I w . ?f MEE M. PATRICK Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK, Plaintiff s IN THE C MT-fl COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -CUSTODY KYLE J. WILSON, Defendant NO. STIPULATION REGARDING CUSTODY THIS A GREEMENTis made thisdayof Y'Ac,.Eej, , 2010, by and between Aimee M. Patrick, (hereinafter referred to as "Mother") an adult individual residing at 17 W. Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, and Kyle J. Wilson, (hereinafter referred to as "Father") an adult individual residing at 1705 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, being Jeramiah J. Wilson, (born January 22, 2006) and Caleb M. Wilson, (born March 5, 2007). WHEREAS, a custody action is being filed simultaneously with the filing of this Stipulation; WHEREAS, the parties have mutually agreed upon a parenting plan and desire to incorporate same into an Order of Court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Legal Custody: It is in the best interest of the minor children for the parties to have shared legal custody of the minor children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: 1. Subject to the time periods wherein Father is to have periods of partial physical custody, Mother shall have primary physical custody of the parties' minor children. 2. Father shall have periods of partial physical custody of the parties' minor children as follows: i. Each Tuesday morning from 7:00 a.m. until Thursday morning directly to daycare. Father shall be responsible for transportation of the children directly to daycare each Thursday morning. ii. Any other times as the parties can mutually agree upon. C. Holidays: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving Day: Father shall have custody of the children Thanksgiving Day from 4:00 p.m. to 9:30 p.m. Mother shall have the children at all other times on Thanksgiving Day. 2 b. Christmas Day: Father shall have custody of the children Christmas Day from 4:00 p.m. to 9:30 p.m. Mother shall have the children at all other times on Christmas Day. C. Easter Day: Father shall have custody of the children Easter Day from 4:00 p.m. to 9:30 p.m. Mother shall have the children at all other times on Easter Day. d. New Years Day: Father shall have custody of the children New Years Day from 4:00 p.m. to 9:30 p.m. Mother shall have the children at all other times on New Years Day. The holiday schedule shall supersede the regularly scheduled custodial plan. D. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation with the children each year. One week of vacation is defined as seven (7) days. Notice of this period of custody must be given to the other parent at least sixty (60) days before the requested period. The vacation period shall supersede the regularly scheduled custodial plan. The vacation period shall not be taken over any holiday period. E. Transportation: The party commencing their periods of physical custody shall be responsible for transportation of the children, except as provided in Paragraph B2i, wherein Father is responsible for transportation of the children to daycare each Thursday. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: WITNESS AIM EE M. PATRICK KYLE WILSON 3 ) J? K w COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Aimee M. Patrick, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation Regarding Custody are true and correct to the best of her knowledge, information and belief. Affirmed NOTAR My commission expires: me this 1% ':kh day of GO , 2010. COMMONWEALTH OP PENNSYLVANIA Notarial Seal Barbara Surnple-Sullivan, Notary Public New Cwnberland Boro, Cumt>etiand County My Commission Expires.Nov.16, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Kyle J. Wilson, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation Regarding Custody are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this Ja day of OA¢ 6! 2010. Z??442 ? A6 NOTARY BLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL TERESA M. BAKER, Notary Public Mechanicsburg Boro., Cumberland County My Commission Expires July 8, 2013 (SEAL) 4 ~ rte, - .r'` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2Q(~ ~'t~xi 27 ~'~-~ ~~ ~3 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 C~ ?~~.~'4: ;s"~N AIMEE M. PATRICK, IN THE COUR'I~~'~~`~~#1'~IN PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -CUSTODY KYLE J. WILSON, Defendant NO. 10 - 2453 ACCEPTANCE OF SERVICE I, Kyle J. Wilson, hereby accepts service and acknowledges receipt of the above-captioned Custody Complaint, having received said Complaint on the ~~ day of ~'1 g 2010. ._---_.. KYLE J. WILSON AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW C-) C-n`' -4 KYLE J. WILSON, NO. 2010-2453 c rn rr- Defendant IN CUSTODY cor N ?o -<3> N A ' COURT ORDER ?? C X AND NOW, this ZZ- day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of April 16, 2010 , is vacated and replaced with the following TEMPORARY custody Order: 1. The mother, Aimee M. Patrick, and the father, Kyle J. Wilson, shall enjoy shared legal custody of Jeramiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, born March 5, 2007. 2. The Mother shall enjoy primary physical custody of the minor children. 3. The Father shall enjoy periods of temporary physical custody on the weekends of June 17, July 8 and July 22, 2011, from 6:00 p.m. on Friday when Mother will deliver the children to the paternal grandparents' home until 6:00 p.m. on Sunday when Father or his parents will deliver the children to the Mother's home. 4. Legal counsel for the parties shall conduct a telephone conference with the Conciliator on Thursday, July 21, 2011, at 9:00 a.m. At that conference, the following issues will be addressed: A. The potential of Father's custody with the minor children being exercised in Pittsburgh under the scenario Father has proposed of one weekend per month the children will go to Pittsburgh and one week per month the Father would have custody with the children here in Cumberland County; and B. The issue of transportation for the children to go to Pittsburgh. 5. It is understood that Father's periods of temporary custody as outlined above for the time being shall be exercised at his parents' home in Mechanicsburg, Pennsylvania. VII, cc:parbara Sumple-Sullivan, Esquire .Joseph L. Hitchings, Esquire Cp?IP.g o? BY THE COURT, AIMEE M. PATRICK, Plaintiff vs. KYLE J. WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2453 IN CUSTODY Prior Judge: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeramiah J. Wilson, born January 22, 2006 Caleb M. Wilson, born March 5, 2007 2. A Conciliation Conference was held on June 10, 2011, with the following individuals in attendance: The mother, Aimee M. Patrick, with her counsel, Barbara Sumple Sullivan, Esquire and the father, Kyle J. Wilson, with his counsel, Joseph L. Hitchings, Esquire 3. The parties agreed to the entry of an Order in the form as attached. Date: June , 2011 Z/ Hubert . Gilroy, Esquire Cus dy Conciliator e AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2010-2453 CIVIL ACTION -LAW KYLE J. WILSON, : Defendant IN CUSTODY COURT ORDER AND NOW, this day of October, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother, Aimee M. Patrick, and the father, Kyle J. Wilson, shall enjoy shared legal custody of Jeramiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, born March 5, 2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.; and B. At such other times as the parties agree. 4. For holidays, the parties shall work between themselves to arrange a holiday schedule which, at a minimum, shall be a splitting of each holiday with the times being from 9:00 a.m. until 4:00 p.m., and 4:00 p.m. until 9:30 p.m. Again the parties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement, the schedule set forth herein shall control. During the summer months, Father's periods of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. cc: 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to ensuring that the non-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The parties may modify or alter the custody schedule set forth above as they agree. Absent an agreement, the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, VINV IASNN3d L8 :8 WV 91 180 liU ? Ms. Aie ?l ? Mr. Kyle J. Wilson AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2010-2453 CIVIL ACTION -LAW KYLE J. WILSON, Defendant IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeramiah J. Wilson, born January 22, 2006 Caleb M. Wilson, born March 5, 2007 2. A Conciliation Conference was held on October 10, 2012, with the following individuals in attendance: The mother, Aimee M. Patrick, who appeared without counsel, and the father, Kyle J. Wilson, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: October /9 , 2012 Hubert X. 9&oy, Esquire Custody 96nciliator COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW AIMEE Ml�&, g Plaintiff V. No. 2010-2453 Civil Action-L, w �-j CZ) KYLE J. WILSON, -0:� rr r-- Defendant i :7= IT k-7 Petition for Modification :r_C, 1. Petitioner is Defendant,KYLE J. WILSON,who currently resides at 60 Coraopolis Rd, Coraopolis, Cumberland County,PA 15108. 2. Respondent is Plaintiff,AIMEE M. WERT, who currently resides at 13 East Keller St,Mechanicsburg, Cumberland County,PA 17055. 3. Petitioner and Respondent are the natural parents of the following children: Name Age JERAMIAH J. WILSON 7 years CALEB M. WILSON 6 years 4. A custody order was entered on October 10 2012, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Petitioner seeks to modify the custody order because: As we have it now,I have my children on my opposite pay weekends and I don't get to see them as much as I would like due to financial difficulty and I have asked numerous times if we could switch and she has refused. 6. Petitioner believes the custody order should be changed as follows:As it stands now,I would like to have my weekend switched so I would have them on my pay weekend so it guarantees me seeing them. I also feel it would be best for the children if instead of splitting holidays we had alternating ones. My oldest son is always so upset because they have to go from house to house on holidays and don't really get to spend one full holiday with me. It was agreed °e C/ gas y Petition for Modification Page 3 of 5 .021 7/ upon that we would split holidays in the previous agreement but I would like it changed. I also would like it that to be stated that I can get them on Christmas this year. Since the mother and I have split she has refused to let me have them the morning of Christmas. I either get them at 4pm or she doesn't allow me to see them. WHEREFORE,Petitioner respectfully requests that this Court modify the Order as requested. Date: (67 ) KYLE LSO , Defendant Verification I,KYLE J. WILSON,Defendant,verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge,information and belief. Petitioner understands that false statements therein are subject to the penalties of IS Pa. C.S.A. '4904 relating to unswom falsification to authorities. Date: del J S CK, Defendant Petition for Modification Page 4 of 5 5. During the summer months, Father's periods of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to ensuring that the non-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The parties may modify or alter the custody schedule set forth above as they agree. Absent an agreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, TRUE COPY FROM RECORD cc: Ms. Aimee M.Patrick In Testimony whereof,I here unto set my hand Mr.Kyle J. Wilson and the seal of said Court at4Carlisle,Pa. This 45' day of 20 la Prothonotary AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA v 2010-2453 CIVIL ACTION-LAW KYLE J. WILSON, Defendant IN CUSTODY PRIOR JUDGE: The Honorable J. Wesley Oler,Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned.Custody Conciliator submits the following report: I. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeramiah J. Wilson,born January 22,2006 Caleb M. Wilson,born March 5,2007 2. A Conciliation Conference was held on October 10, 2012, with the following individuals in attendance: The mother,Aimee M. Patrick,who appeared without counsel, and the father,Kyle J. Wilson,who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. Date: October l ,2012 Hubert X. oy,Esquire Custody nciliator AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA v 2010-2453 CIVIL ACTION-LAW KYLE J. WILSON, Defendant IN CUSTODY ,2_; �- CD ; COURT ORDER AND NOW,this /a ` day of October,2012,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeramiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, bom March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting of each holiday with the times being from 9:00 a.m.until 4:00 p.m.,and 4:00 p.m.until 9:30 p.m. Again the parties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. AIMEE M.PATRICK IN I I IF COURT OF COMMON PLI'AS Of PLAINTIFF CUMBFRI AND COL NTY. PENNSYLVANIA v 2010-2453 C'IVII, ACTION LAW KYLE J. WILSON INCUSIODY c - DEFENDANT ORDER OF COURT AND NOW, Monday,June 10,2013 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before HubertX. Gilroy, Esq. - tile conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,July 11,2013 9:30 AM lot a Pre-Flearing Custody Conference. At such conference, an effort gill be made to resolve the issues in dispute: or iffluk cannot be accomplished. to define and namm the issues to be heard by the court. and to enter into a tempurap- order. Failure to appear at the conference may provide grounds forenI ofa ternporap ur ,permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and C'.ustodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: . /s/ Hubert X. Gilroy Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by lays to comply with the Americans with Disabilitcs Act of 1990. For information about accessible facittles and reasonable accommodations available to disabled individuals lasing business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before file court, You must attend the scheduled conference or (tearing. YOL SI IOULD TAKE THIS PAPER 10 YOUR A"I`IORNEY A I ONCE. IF YOU DO NOT I]AVE AN ATTORNEY OR CANNOT AFFORD ONE, GO 10 OR I ELEPHONF. I I IF OFFICE SE I FORTH BELOW TO FIND Of IT WHFRE YOU CAN GET IF FGAL IIELP. Cumberland County Bar Association 3? South Becilord Street Carlisle, Pennsskmtia 17013 F� Telephone (717)249-3166 61111/ A AIMEE M. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA -2453 CIVIL ACTION-LAV v 2010 mro m KYLE J. WILSON, (D Defendant IN CUSTODY Z: PRIOR JUDGE: The Honorable Albert H. Masland. 5E COURT ORDER AND NOW, this day of July, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: I. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime,mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12, 2012, Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area when he is exercising custody with the children. 4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5331. BY THE COURT, Albert H. Masland, Judge cc: J •>,-Aimee M. Wert -'Mr. Kyle J. Wilson 1 aA /7t� ?' IST 3 AIMEE M. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This is a pro se case where both parties appeared without counsel and appeared before the Conciliator on father's Petition to Modify the Order that was entered last October. The parties agree to the entry of an Order in the form as attached. Date: July �, 2013 ��4y-LJ , Hubert X. Gilroy, E uire Custody Conciliat COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION -LAW AIMEE M. WERT, ) Plaintiff ) ) v. ) No.No. 2010-2453 Civil Action-Law KYLE J. WILSON, ) 2 Defendant ) m Cr) Cl) i ;� rn 1-11 r...._ Petition for Contempt and Modification r-=' ### Petitioner is Defendant, KYLE J. WILSON,who currently resides at 60 Coraopolis Rd, Coraopolis, Allegheny County, PA 15108. ### Respondent is Plaintiff,AIMEE M. WERT, who currently resides at 13 East Keller St, Mechanicsburg, Cumberland County, PA 17055. ### Petitioner and Respondent are the natural parents of the following children: Name Age JERAMIAH J. WILSON 7 years CALEB M. WILSON 6 years ### A custody order was entered on July 15th, 2013, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. ### Respondent has willfully violated the custody order, as follows: When I originally filed the petition, it was not foreseen that I was going to be laid off due to lack of work. The current order states that I am to get my children on the weekends that coincide with my pay and the plaintiff has and is continuously refusing because it is not convenient for her because her husbands weekends changed with his daughter which is opposite of what my pay weekends were at my prior place of employment. Even though I am the children's biological father, she doesn't see it necessary for my children to see me and their blood brother. ### Petitioner seeks to modify the custody order because: I feel it is important for my children to see their real father which is me but she will not allow that even though it is written in ,a 9s10G WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requested. Date: Ct 1 t l \3 . ON, Defen. . Verification I, KYLE J. WILSON, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date: Gl 131 3 LA / 14 - KY 151 ' SON, Defendant AIMEE M.PATRICK IN Tiff.COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. - 2010-2453 CIVIL. ACTION LAW =- I: • KYLE J. WILSON r, IN CUSTODY T; --r, DEFENDANT - - • ORDER OF COURT AND NOW, Monday,June 10,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. .the conciliator, at Ath Floor,Cumberland County Courthouse,Carlisle on Thursday,July I 1,2013 9:30 AM for a Pre-F tearing Custody Conference. At such conference,an effort will he made to resolve the issues in dispute: or if this cannot be accomplished, to define and narrow the issues to he 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: Is/ Hubert X. Gilroy Esq. Custody Conciliator The Court of Comtnon 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 havina business before the court,please contact our office. All arrangements must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOE. Si IOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU I)O NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE,GO TO OR TELEPHONE I'LIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ILELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (71 7)249-3166 P/Pit DeP _ CoPc hel4r. ‘f . Co to BPS lei4"c*/ 6/'f//_I AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v : 2010-2453 CIVIL ACTION-LAW • KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. This is a pro se case where both parties appeared without counsel and appeared before the Conciliator on father's Petition to Modify the Order that was entered last October. The parties agree to the entry of an Order in the form as attached. Date: July /2 ,2013 Hubert X. Gilroy, uire Custody Conciliat ' �r ' J AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA , C v : 2010-2453 CIVIL ACTION-LAVt co c_ =,, C rn-- KYLE J. WILSON, -<D cn Defendant : IN CUSTODY r--►- —4(1:1 I>c) 1 CD-r4 Zp PRIOR JUDGE: The Honorable Albert H. Masland. �,- j: - 4 cq 2. COURT ORDER -< , AND NOW,this day of July, 2013, upon consideration of the attached Custody Conciliation Report,it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: 1. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime,mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12,2012,Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area when he is exercising custody with the children. 4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. 1- , • No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa.C.S.§5337. BY THE COURT, AO° i Albert H. Masland,Judge cc: `.. Aimee M.Wert ��vlr.Kyle J. Wilson l°at • 7 /s/13 AIMEE M.PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v : 2010-2453 CIVIL ACTION-LAW KYLE J.WILSON, Defendant : IN CUSTODY COURT ORDER AND NOW,this ! /1 day of October,2012,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeramiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, born March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting ofeach holiday with the times being from 9:00 a.m.until 4:00 p.m.,and 4:00 p.m.until 9:30 p.m. Again the parties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. ti 5. During the summer months,Father's periods of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Fatl 's Day. 7. The parties shall work with each other relative to ensuring that the non-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The patties may modify or alter the custody schedule set forth above as they agree. Absent anagreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY THE COURT, VlNYA-US ;E�d :1HnO3 CNY Wn3 A* Le =8 WV S 1 130 2107 ONOHiO1d cc: /Us.Aii#ilrle 1l +I ✓Mr.Kyle I Wilson Capes ifria3e4 MA-ha ,ems AIMEE M. WERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2453 CIVIL ACTION LAW KYLE J. WILSON 'Z IN CUSTODY DEFENDANT CD ORDER OF COURT AND NOW, Friday,September 20,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Monday,October 28,2013 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. FOR THE COURT, By: /s/ Hubert X. Gilroy,Esq. E4,,l 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. J//3 Cumberland County Bar Association 32 South Bedford Street Ad Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW CD KYLE J. WILSON, • Defendant : IN CUSTODY xf - � . PRIOR JUDGE: The Honorable Albert H. Masland. <CD ar tee, COURT ORDER 5'' AND NOW, this T day of /(//p v€-'-, lei , 2013, it is ordered and directed ras follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 19th day of December,2013,at 3:00 p.m. The purpose of this hearing shall be solely to address the upcoming Christmas holiday and father's request to take the children to his home in the Pittsburgh area over Christmas to include Christmas Eve and the entirety of Christmas Day. Recognizing the parties are representing themselves, the Court directs that each party file a memorandum with the Court in Chambers in advance of the December 19th hearing laying out each party's position on the Christmas custody issue and giving reasons why each party is taking that position. 2. Noting that the above scheduled hearing will only address the Christmas holiday issue, the Court acknowledges that the parties have agreed that the upcoming Thanksgiving holiday shall be handled with the mother having custody on the Wednesday before Thanksgiving and Thanksgiving Day with father having custody from 4:00 p.m. on Thanksgiving Day through Sunday at 6:00 p.m.. Future Thanksgiving holidays shall be worked out between the parties or addressed by the Court as needed. 3. It is also ordered and directed that the parties shall work out a telephone schedule such that father shall have a minimum of two phone calls per week with the children. Unless the parties agree otherwise or unless the mother initiates calls to the father at least two times a week, father should have phone calls with the children every Tuesday and Thursday at 6:30 p.m. 4. In all other respects,this Court's prior Orders of July 15,2013,and October 12,2012, shall remain in place. 1 No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY T. COURT, jrAlree-. , Albert H. Masland, udge cc: . Aimee M. Wert r. Kyle J. Wilson ii/fir 3 AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW • KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeremiah J.Wilson,born January 22,2006,and Caleb M.Wilson,born March 5,2007. 2. A Conciliation Conference was held on October 28, 2013, with the following individuals in attendance: The mother, Aimee M. Wert, and the father, Kyle J. Wilson. 3. Father lives in Coraopolis near Pittsburgh. His main issue at this time is that he wants to have the children in Pittsburgh to wake up for Christmas morning and to have a longer Christmas holiday with the children. Mother's position is that the father also has family (his parents) who live in Mechanicsburg near mother, and the father could exercise the Christmas holiday in the Mechanicsburg area such that both parents, and their respective families, could be with the minor children. Father suggests that he is remarried and has another child in the Pittsburgh area, and his new wife's family is in the Pittsburgh area. Father simply wants to have the children from some point on Christmas Eve through December 26th to have an extended Christmas vacation that includes Christmas Eve and Christmas morning in Pittsburgh. The parties need a very short hearing on this limited issue. The Conciliator recommends an Order in the form as attached . Date: October 7D , 2013 f Hubert X. • roy, Esquire Custody 'onciliator COURT OF COMMON PLEAS OF CUMBERLAND COU, NTY, PENNSYLVANIA CIVIL ACTION - LAW AIMEE M. PATRICK, ) Plaintiff ) ) v. ) No. 2010-2453 Civil Action Law ) °ut KYLE J. WILSON, -r; Defendant ) - 3 —i rn Ica , - N cat Petition for Contempt , ? cl 1. Petitioner is Defendant, KYLE J. WILSON, who currently resides at 60= .ti cx, --a Coraopolis Rd, Coraopolis , Allegheny County, PA 15108. 2. Respondent is Plaintiff, AIMEE M. PATRICK, who currently resides at 13 East Keller St, Mechanicsburg, Cumberland County, PA 17055. 3. Petitioner and Respondent are the natural parents of the following children: Name Age JERAMIAH J. WILSON 7 years CALEB M. WILSON 6 years 4. A custody order was entered on November 4, 2013, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: The current order states that I am to get my children the weekends coinciding with my pay and the mother of my children is willfully refusing to comply with this. She has been refusing since the order went into effect on July 15, 2013. 53,er t01. WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date: 1( 1 i - ��` . ILSO Defendant Verification I, KYLE J. WILSON, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date: II I 1 13 / /if♦•'/ '�T J. I SON, , Defendant AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW car ac ow .71 if • KYLE J. WILSON, • Defendant : IN CUSTODY goal i_rt 6 PRIOR JUDGE: The Honorable Albert H. Masland. -<� _ � z�, ac Z COURT ORDER Q n� —t :r> AND NOW, this T day of /4 ve"-1 fey , 2013, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. l of the Cumberland County Courthouse on the 190 day of December,2013,at 3:00 p.m. The purpose of this hearing shall be solely to address the upcoming Christmas holiday and father's request to take the children to his home in the Pittsburgh area over Christmas to include Christmas Eve and the entirety of Christmas Day. Recognizing the parties are representing themselves, the Court directs that each party file a memorandum with the Court in Chambers in advance of the December 19th hearing laying out each party's position on the Christmas custody issue and giving reasons why each party is taking that position. 2. Noting that the above scheduled hearing will only address the Christmas holiday issue, the Court acknowledges that the parties have agreed that the upcoming Thanksgiving holiday shall be handled with the mother having custody on the Wednesday before Thanksgiving and Thanksgiving Day with father having custody from 4:00 p.m. on Thanksgiving Day through Sunday at 6:00 p.m.. Future Thanksgiving holidays shall be worked out between the parties or addressed by the Court as needed. 3. It is also ordered and directed that the parties shall work out a telephone schedule such that father shall have a minimum of two phone calls per week with the children. Unless the parties agree otherwise or unless the mother initiates calls to the father at least two times a week, father should have phone calls with the children every Tuesday and Thursday at 6:30 p.m. 4. In all other respects,this Court's prior Orders of July 15,2013,and October 12,2012, shall remain in place. r No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY T. COURT, L/ Albert H. Masland, udge cc: . Aimee M. Wert r. Kyle J. Wilson (d ces lit� /u/r l t r3 •r • Os AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . v ' : 2010-2453 CIVIL ACTION -LAWrg W „.1 x fr C rr1._ KYLE J. WILSON, <D cD c' Defendant : IN CUSTODY > a PRIOR JUDGE: The Honorable Albert H. Masland. n -- ( r=; COURT ORDER "l -< AND NOW, this day of July, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: 1. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime,mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12,2012, Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area when he is exercising custody with the children. 4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. • , • No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY THE COURT, (;:?7611,11(c.■ ■111=1 Albert H. Masland,Judge cc: `� . Aimee M. Wert �� r.Kyle J. Wilson 'sea Mat iscL AIMEE M.PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : 2010-2453 CIVIL ACTION-LAW KYLE J.WILSON,Defendant : IN CUSTODY COURT ORDER AND NOW,this , day of October,2012,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeremiah J. Wilson,born January 22, 2006, and Caleb M. Wilson, born March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting of each holiday with the times being from 9:00 a.m.until 4:00 p.m.,and 4:00 p.m.until 9:30 p.m. Again the parties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. 5. During the summer months,Father's periods of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to ensuring that the non-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. The parties may modify or alterthe custody ody schedule set forth above as they agree.Absent an agreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §.5337. BY THE COURT, VINYA1ASNeacl :1NC03 CNtl aWfl3 `„_ LC :9 SI 130 WIZ : ^, �• l'.i CHORD:Md 311.1. 3°. cc: (Ms.Ail li e. ie"S let4:Mtf loieh i Oa ., ..._ • i , A In Pa`l i i IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA vs No. 2,e40 ' L ti S 3 CIVIL TERM I(CiI ,1 1x;tISti CIVIL ACTION- LAW s'' A.,(''' '��{ Defendant IN CUSTODY S.7 s f K, CRIMINAL RECORD/ABUSE HISTORY VERIFICATION c - _ to 1 1 ,k' -1 U Ai 1 IDY\ , hereby swear or affirm, subject to penalties ot_ f 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 Aler 7 i , member of my household have been convicted or pled guilty or pled no contest or was Mr 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 C 18 Pa.C.S. Ch. 25 C IT Vill (relating to criminal homicide) IT 18 Pa.C.S. §2702 C IT (relating to aggravated - assault) C 18 Pa.C.S. §2706 7 IT (relating to terroristic threats) ❑ 18 Pa.C.S._52709.1 C G (relating to stalking) C 18 Pa.C.S. §2901 IT I (relating to kidnapping) IW • n iii ION, 18 Pa.C.S. §2902 C C (relating to unlawful it restraint) i C 18 Pa.C.S. §2903 r- (relating to false imprisonment) 17 18 Pa.C.S. §2910 UT C f !relating to luring a • child into a motor 0, vehicle or structure) 18 Pa.C.S. §3121 r C (relating to rape) ' C UT I relating to statutory sexual assault) 0 CT 18 Pa.C.S.§3123 C U (relating to involuntary deviate sexual intercourse' UT 18 Pa.C.S. §3124.1 7 C T. 0) (relating to sexual assault) C 18 Pa.C.S.§3125 C C (relating to aggravated '. indecent assault) - Ilk C 18 Pa.C.S. §3126 C 7 (relating to indecent assault) Y, U' 18 Pa.C.S.43127 UT IT (relating to indecent 0 exposure) dillia • FT 18 Pa.C.S. §3129 ET IT (relating to sexual intercourse with animals) FT 18 Pa.C.S. §3130 r I (relating to conduct relating to sex offenders) ET 18 Pa.C.S. §3301 IT IT (relating to arson and related offenses) C 18 Pa.C.S. §4302 IT 7 (relating to incest) G 18 Pa.C.S. §4303 IT (relating to concealing death of child) CT ii„. 18 Pa.C.S. §4304 (relating to endangering welfare of children) IT 18 Pa.C.S. §4305 IT FT f (relating to dealing in infant children) ET 18 Pa.C.S. §5902(b) FT (relating to prostitution and related offenses) C 18 Pa.C.S. §5903 IT IT . (c) or(d) (relating to obscene and other sexual materials and performances) 4 3 7 18 Pa.C.S. §6301 CT C (relating to corruption of minors) 141 another jurisdiction E Other: C CT E. 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: i 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 : 1. Itz• 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. -. 44.- M.- Signature • & \( Ju' \\ v\ ..... . _ 1. .. ,__ Printed Name t $4t,: rr's: L , - , 4 1 ,� j another jurisdiction r.,,,,,fr. G Other: r LT 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: t'' 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 Fcriminal/abuse history, please explain: R. 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 unswbrn falsification to authorities. 1,,, ...1 fp ,:o Signature h V j -1N \I\U\ 4'1: : - ' Printed Name r :'''. - L , .. , ._ _ _ , f AIMEE M. PATRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA V. tV , 2010-2453 CIVIL ACTION LAW r-- Ep (:D KYLE J. WILSON IN CUSTODY c;? DEFENDANT ^ co ORDER OF COURT AND NOW, Tuesday, November 19,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,December 19,2013 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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, Bv: /s/ Hubert X. Gilroy, Esq. IWy 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. M� Cumberland County Bar Association Let, 32 South Bedford Street Carlisle, Pennsylvania 17013 A Telephone (717) 249-3166 K . A� N -0- COURT OF COMMON PLEAS OF CUMBERLAND COU, NTY, PENNSYLVANIA CIVIL ACTION - LAW AIMEE M. PATRICK, ) Plaintiff ) ) v. ) No. 2010-2453 Civil Action Law ) In OUStOCLI ;.., KYLE J. WILSON, �. .v Defendant ) r r: (31 Petition for Contempt -4 1. Petitioner is Defendant, KYLE J. WILSON, who currently resides at 60- c Coraopolis Rd, Coraopolis , Allegheny County, PA 15108. 2. Respondent is Plaintiff, AIMEE M. PATRICK, who currently resides at 13 East Keller St, Mechanicsburg, Cumberland County, PA 17055. 3. Petitioner and Respondent are the natural parents of the following children: Name Age JERAMIAH J. WILSON 7 years CALEB M. WILSON 6 years 4. A custody order was entered on November 4, 2013, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: The current order states that I am to get my children the weekends coinciding with my pay and the mother of my children is willfully refusing to comply with this. She has been refusing since the order went into effect on July 15, 2013. ouval- 93. '/ C # 1 (-1--7509449) g gl ?(1)asg WHEREFORE. Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date:11 122 ) 2b i3 L ILS•N, , Defendant Verification I, KYLE J. WILSON, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. 410.:( Date: 1 1 � ZZ,I ZO I'3 KYLE/. I SON. , Defendant • AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW ap Na KYLE J. WILSON, • T'.. Defendant : IN CUSTODY, "°rrt �z en - 0 PRIOR JUDGE: The Honorable Albert H. Masland. .4(n = o� COURT ORDER 5 N � �'� `I -< — 73 AND NOW, this T day of /VP V€" 11&' , 2013, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 19'h day of December,2013,at 3:00 p.m. The purpose of this hearing shall be solely to address the upcoming Christmas holiday and father's request to take the children to his home in the Pittsburgh area over Christmas to include Christmas Eve and the entirety of Christmas Day. Recognizing the parties are representing themselves, the Court directs that each party file a memorandum with the Court in Chambers in advance of the December 19th hearing laying out each party's position on the Christmas custody issue and giving reasons why each party is taking that position. 2. Noting that the above scheduled hearing will only address the Christmas holiday issue, the Court acknowledges that the parties have agreed that the upcoming Thanksgiving holiday shall be handled with the mother having custody on the Wednesday before Thanksgiving and Thanksgiving Day with father having custody from 4:00 p.m. on Thanksgiving Day through Sunday at 6:00 p.m.. Future Thanksgiving holidays shall be worked out between the parties or addressed by the Court as needed. 3. It is also ordered and directed that the parties shall work out a telephone schedule such that father shall have a minimum of two phone calls per week with the children. Unless the parties agree otherwise or unless the mother initiates calls to the father at least two times a week, father should have phone calls with the children every Tuesday and Thursday at 6:30 p.m. 4. In all other respects,this Court's prior Orders of July 15,2013,and October 12,2012, shall remain in place. r No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY • COURT, / Albert H. Masland, udge cc: . Aimee M. Wert r. Kyle J. Wilson Cd ,•U Kilnl , iii Cl/3 •.- ' V AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA..,, = r, V ' : 2010-2453 CIVIL ACTION -LAViry W c �,i zrn c rn-_ KYLE J. WILSON, rDQ Defendant IN CUSTODY o -s• X"1 =Z0 r7�- PRIOR JUDGE: The Honorable Albert H. Masland. v= c� ;—:r• ••••4,1 cri - COURT ORDER AND NOW, this day of July, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: 1. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime,mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12,2012, Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area , when,he is exercising custody-with the_children. --4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY THE COURT, L/ < Albert H. Masland,Judge cc: ` 'Aimee M. Wert .Z Aimee J.Wilson "Istal Mkt • 1 AIMEE M.PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : 2010-2453 CIVIL ACTION-LAW • KYLE J.WILSON, Defendant : IN CUSTODY COURT ORDER AND NOW,this < ee day of October,2012,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeremiah J. Wilson, born January 22,2006, and Caleb M. Wilson,born March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting of each holiday with the times being from 9:00 a.m.until- p.m.,and 4:00-p.m. Until-9:30-p.m. Alain-the parties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. 5. During the summer months,Father's periods of altamating weekends shall contima along with Father having one week additional each month during the summa of custody. It is noted that Mother will agree to®ctending Father's time in the summa in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to enstaing thatthe non-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody conciliation cones The parties may modify or alter the custody schedule set forth above as they agree.Absent an agreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 9. No party shall be permitted to relocate the residence of the child whore said relocation will significantly impair the ability to exercise custody unless every individual who has custodial tights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. §.5337. BY THE COURT, ,umn0o CNVII# gWtl3 LE :8 W SI 130ttfll 1.11'1.1.CNOHIGlid 3Hi Jul cc: /Ms.LA i elle +10 Capes ,. .'k4 fohri,s Ama M Pi+rwic , : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs . No. fO- 2.1 5 3 CIVIL TERM E% C 3 W(iJSAY\ , : CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Wyk j , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 r r (relating to criminal homicide) 18 Pa.C.S. §2702 I... IT (relating to aggravated assault) r 18 Pa.C.S. §2706 IT r (relating to terroristic threats) ° nt � : 18 Pa.C.S. §2709.1 IT I :f';t' � (relating to stalking) f"-- �- 18 Pa.C.S. §2901 > c�{ 'relating to kidnapping) —3 �. 18 Pa.C.S. §2902 I IT (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) n 18 Pa.C.S. §2910 IT IT (relating to luring a child into a motor vehicle or structure) r 18 Pa.C.S. §3121 IT (relating to rape) n 18 Pa.C.S. §3122.1 IT relating to statutory sexual assault' 18 Pa.C.S. §3123 r r (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 IT IT (relating to sexual assault' 18 Pa.C.S. §3125 IT r (relating to aggravated indecent assault) r 18 Pa.C.S. §3126 IT IT 'relating to indecent assault) 18 Pa.C.S. §3127 I r (relating to indecent exposure) 18 Pa.C.S. §3129 IT r (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 IT �--- (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 I IT (relating to arson and related offenses) n 18 Pa.C.S. §4302 IT IT (relating to incest] 18 Pa.C.S. §4303 (relating to concealing death of child' ITT 18 Pa.C.S. §4304 r IT (relating to endangering welfare of children) r 18 Pa.C.S. §4305 FT (relating to dealing in infant children) r ! 18 Pa.C.S. §5902(b) IT I (relating to prostitution and related offensesl 18 Pa.C.S. §5903 I.- IT (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 IT IT (relating to corruption of minors) 18 Pa.C.S. §6312 IT E- h-elating to sexual abuse of children) 18 Pa.C.S. §6318 IT IT (relating to unlawful contact with minor) IT 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children' t 1 23 Pa.C.S. §6114 fT IT (relating to contempt for violation of Protection order or agreement) i- Driving under the �- influence of drugs or alcohol IT Manufacture, sale, IT r 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 r IT Agency or similar agency in Pennsylvania or similar statute_.in.another jurisdiction Abusive conduct as defined under the IT IT Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: IT I 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 hi tort', lease explain: ' L: - ' • k( 'Y • l • td ten ha •riot I •Pei in A • 1n D Vfd tY Q nattleyi* LnV©IUi►'�C� 0. (.)P[SDY1 Oh bib } 1CA1 ` `i.t. h(s ('(ir t hd never 1?Vipti the pr ii Oh.61,47 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. /Aer-4WAllrfAtt.._ Aitivrev■ • a,(r_ 144e J IMISOY\ Print id Name AIMEE M. PATRICK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA�d� -�fT1 fT1 r' V. 2010-2453 CIVIL ACTION LAW n C-) '- KYLE J. WILSON r"-w— IN CUSTODY - DEFENDANT C: ORDER OF COURT AND NOW, Tuesday, December 03,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday, December 17,2013 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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/ Hubert X. Gilroy, Esq. 01 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 SHOUI..,D 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 t ES P-za lLL 32 South Bedford Street Carlisle, Pennsylvania 17013 K• w1�� Telephone (717)249-3166 lei• (?1 14-0y I���ll3 fOT 1),VOIrd I) lb/ 1;i013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M'y Kyle J. Wilson, ) 0 Petitioner ) c v. ) No. 2010-2453 4%. Aimee M. Patrick, ) c Respondent ) y PETITION FOR CONTEMPT OF CUSTODY 1. Petitioner, Kyle J.Wilson resides at 60 Coraopolis Rd,Coraopolis, PA 15108. 2. Respondent, Aimee M. Patrick, resides at 13 East Keller St, Mechanicsburg, PA 17055. 3. On July 15 2013, the Honorable Albert Masland entered an order regarding the custody of the following children: Name Birth Date Age Jeramiah J. Wilson January 22, 2006 7 Caleb M. Wilson March 5, 2007 6 The order provides the following. Respondent has physical custody. Petitioner has partial custody. A true and correct copy of the order is attached to this petition. 4. Since the entry of said order, the respondent has willfully failed to obey the order in that: Court order states I am to get my children on the weekends coinciding with my pay from work and has willfully been refusing. 5. Respondent began violating the custody order on or around the following date: July 20 2013 6. Petitioner has taken the following actions to enforce the custody order: I tried to talk to Aimee but she had refused stating she agreed on different terms but nothing was stated other than getting my children weekends coinciding with my pay. 1�d g3• 00� CA PI m o 14.1411ta3a&/o Petition Page 1 of 3 c9SPI ADS. contempt previously to where when he had conciliation meeting on October 28, 2013 it was stated the current order remained in effect. I also have called Mechanicsburg Police and they have come to her house on the weekend I was supposed to get my children and she refused then as well. I have filed contempt 2 times prior to this one and sent a copy registered, certified and signature confirmation of the contempt petition to where her husband has signed and not her. I have also emailed and gotten such responses as "It's not your weekend" and etc., WHEREFORE,petitioner prays this court to adjudge the respondent in contempt of court and order appropriate sanctions. r Date: IA 1L' I d A 0 ,ice, /. I tr∎ '"loner Petition Page 2 of 3 Verification I, KYLE J. WILSON, Petitioner, 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.A. ' 4904 relating to unsworn falsification to authorities. Date: i a)toi b 3 //in_ K* E J. WILSON, Petitioner Petition Page 3 of 3 Aimee I'-1 Pa-Frick , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA • Vs : No. Am I Q -316' CIVIL TERM • b 3 . Ull t l5ijyl , : CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, kij� J U i I�6Y1 , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 IT IT (relating to criminal homicide) 18 Pa.C.S. §2702 f (relating to aggravated 2 assault) €�+ rn 7 1.._._-a 18 Pa.C.S. §2706 IT IT r _ -r9 (relating to terroristic _,. -� threats) TiC) .r 18 Pa.C.S. §2709.1 IT a (relating to stalking) 18 Pa.C.S. §2901 IT IT (relating to kidnappings 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 relating to false imprisonment) 18 Pa.C.S. §2910 1_ (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) El 18 Pa.C.S. §3122.1 r- relating to statutory sexual assault) 1.....J 18 Pa.C.S. §3123 c r- (relating to involuntary deviate sexual intercourse) r- 18 Pa.C.S. §3124.1 (relating to sexual assault) l 18 Pa.C.S. §3125 C (relating to aggravated indecent assault) r 18 Pa.C.S. §3126 r- (relating to indecent assault) 18 Pa.C.S. §3127 r~ r (relating to indecent exposure) 18 Pa.C.S. §3129 r r (relating to sexual intercourse with animals) 1..,,.,..1 18 Pa.C.S. §3130 FT r (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 r r (relating to arson and related offenses) n 18 Pa.C.S. §4302 r r (relating to incest) 18 Pa.C.S. §4303 r r (relating to concealing death of child) 18 Pa.C.S. §4304 IT r (relating to endangering welfare of childrenl ' 18 Pa.C.S. §4305 r r (relating to dealing in infant children) IT 18 Pa.C.S. §5902(b) r r (relating to prostitution and related offenses) 18 Pa.C.S. §5903 r r(c) or(d) (relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 r r (relating to corruption of minors) • 18 Pa.C.S. §6312 (relating to sexual abuse of children) �- 18 Pa.C.S. §6318 IT (relating to unlawful contact with minor) 18 Pa.C.S. §6320 IT IT (relating to sexual exploitation of children) El 23 Pa.C.S. §6114 IT r (relating to contempt for violation of Protection order or agreement) Driving under the r influence of drugs or alcohol Manufacture, sale, IT delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member A finding of abuse by a Children &Youth IT IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction T Abusive conduct as defined under the r- t Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Xli Other: 7 7 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: 1e Wei - Spit r } ■ MI I"- A ' r 1 1 a . : ` L I A A e SIM, 1 r 0 i 11 1. 11 4 A a. r, + irt1 0 n . I 'nt 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 f- i icat'. to auth• ities. .1/ 4 ,,a-‘41.'' ft:1 if re / `Vtd1e Li vv1 ISUy\ . Printed Name • • AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW cm Ichi KYLE J. WILSON, m Defendant : IN CUSTODY -17';" -<? en o d PRIOR JUDGE: The Honorable Albert H. Masland. <Q+ s xQ Leo u ac COURT ORDER € �v 'n �1 - : AND NOW, this T day of //p abl fe.✓ , 2013, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 19'h day of December,2013,at 3:00 p.m. The purpose of this hearing shall be solely to address the upcoming Christmas holiday and father's request to take the children to his home in the Pittsburgh area over Christmas to include Christmas Eve and the entirety of Christmas Day. Recognizing the parties are representing themselves, the Court directs that each party file a memorandum with the Court in Chambers in advance of the December 19th hearing laying out each party's position on • the Christmas custody issue and giving reasons why each party is taking that position. 2. Noting that the above scheduled hearing will only address the Christmas holiday issue, the Court acknowledges that the parties have agreed that the upcoming Thanksgiving holiday shall be handled with the mother having custody on the Wednesday before Thanksgiving and Thanksgiving Day with father having custody from 4:00 p.m. on Thanksgiving Day through Sunday at 6:00 p.m.. Future Thanksgiving holidays shall be worked out between the parties or addressed by the Court as needed. 3. It is also ordered and directed that the parties shall work out a telephone schedule such that father shall have a minimum of two phone calls per week with the children. Unless the parties agree otherwise or unless the mother initiates calls to the father at least two times a week, father should have phone calls with the children every Tuesday and Thursday at 6:30 p.m. 4. In all other respects,this Court's prior Orders of July 15,2013,and October 12,2012, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa.C.S. §5337. BY •/COURT, L/ / Albert H. Masland, udge cc: . Aimee M. Wert r. Kyle J. Wilson/ Co pe va I'll5et // S /61/ • AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA_. , v s : 2010-2453 CIVIL ACTION -LAW;i aco ` z,, z rn c rn-- Z= r— �r 73 rn . KYLE J. WILSON, . -<D cn a , Defendant IN CUSTODY t o Z 0-74 PRIOR JUDGE: The Honorable Albert H.Masland. z...._c - '.D Vi' COURT ORDER AND NOW, this day of July, 2013, upon consideration of the attached Custody J Conciliation Report,it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: 1. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime, mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12,2012, Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area 7 when-he-is.exercising,custody.with-the_children`_ ------- 4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, `' Albert H. Masland,Judge cc: ✓ZAimee M. Wert Kyle J. Wilson ,, 1 Inks 1-r:Li fs1/3 AIMEE M.PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA • 2010-2453 CIVIL ACTION-LAW KYLE J.WILSON, • Defendant : IN CUSTODY COURT ORDER AND NOW,this l day of October,2014 upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order: 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeremiah J. Wilson, born January 22, 2006, and Caleb M. Wilson,born March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting of each holiday with the times being from 9:00 a.m.- 4: O.m., p.m.u n 9 p.m. Again the parties can WO&out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. 5. During the summer months,Father's periods of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the simmer in the event Father goes out West to visit family. The patties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to ensuring thatthenon-custodial parent has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is entered pursuant to an agreement reached by the parties at a custody coaciliadoncan e. The parties may modify or alter the custody schedule set forth above as they agree.Absent an agreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator for a comet. 9. No party shall be permitted to relocate the residence of the child where said relocation win Siguificanty impact 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §.5337. BY THE COURT, ,itano3 cnv-lgwno ,.L... LC I8 WV SI 130/10Z .VII GHQHiQdd cc: /Ms.Afamielquoi ,i.Mr*Yle.A.MVP C'op;e4 /ie l fo/ i , KYLE J. WILSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2453 CIVIL ACTION LAW • AIMEE M. PATRICK IN CUSTODY • DEFENDANT ORDER OF COURT AND NOW, Wednesday,December 11,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,Esq. ,the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,January 09,2014 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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/ Hubert X. Gilroy, 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 iES � 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 704":412,31 /a/A3 AIMEE M. PATRICK : IN THE COURT OF COMMON PLEAS OF (F/k/a Aimee M. Wert) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : 2010-2453 CIVIL ACTION- LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland. ORDER li AND NOW, this / day of December, 2013, the Conciliator being advised the Defendant has withdrawn his Petition for Contempt, the Conciliator cancels the Custody Conciliation scheduled in this matter for January 9, 2014 and relinquishes jurisdiction. Bert X ilroy, Esquire Custod( onciliator C.,' r^-a -, C c:� _41 r co a7 p.r j_ .a...m r i i`_ < ..0 7-) C-) -� � ." AIMEE M. PATRICK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KYLE J. WILSON, Defendant NO. 10-2453 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of December, 2013 , the parties having appeared before the Court for the resolution of one issue, namely how the physical custody during the 2013 Christmas holiday should be divided, then after providing them time for additional negotiation, we find it is in the best interest of the minor children that we order and direct as follows : 1 . Mother shall have physical custody of the children from the last day of school until December 25, 2013 , at 6 : 00 p.m. The parties shall exchange custody at a mutually agreed upon location off of the Breezewood Exit of the turnpike . 2 . Father shall have physical custody of the children from December 25, 2013 , at 6 : 00 p.m. until Monday December 30, 2013 , at 6 : 00 p.m. , when father shall return the children to Mother at her Mechanicsburg residence . 3 . The Court encourages the parties to resolve future major holiday conflicts as early as possible for 2014 and beyond. By the Court, 1 Albert H. M Bland, J. Aimee M. Patrick 13 East Keller Street Mechanicsburg, PA 17055 ./ Kyle J. Wilson 60 Coraopolis Road Coraopolis, PA 15104 1 " MAt prs CO .. LFr-L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AIMEE M. PATRICK, ) o -} Plaintiff ) rn rr°+ -- v. ) No. 2010-2453 ' c c) KYLE J. WILSON, ) z = Defendant ) Petition for Contempt and Modification 1. Petitioner is Defendant, KYLE J. WILSON, who currently resides at 60 Coraopolis Rd, Coraopolis , Allegheny County, PA 15108. 2. Respondent is Plaintiff, AIMEE M. PATRICK, who currently resides at 13 East Keller St, Mechanicsburg, Cumberland County, PA 17055. 3. Petitioner and Respondent are the natural parents of the following children: Name Age JERAMIAH J. WILSON 8 years CALEB M. WILSON 6 years 4. A custody order was entered on November 4, 2013, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. 5. Respondent has willfully violated the custody order, as follows: Since order, plaintiff has failed to inform me of medical appointment regarding my children. The most recent with my son Caleb telling me he went to the dentist on January 23, 2014. I had no idea he was going and when I emailed her about and told her that I am to be informed of all appointments regarding the children and that I was not taking this lightly that she was in contempt, she told me I can waste all the money I want she doesn't have to inform me of anything. My son Caleb recently had surgery on December 18, 2013, plaintiff informed me via text message that he was having surgery, never consulted or informed of anything prior to that. On July 20, 2013 plaintiff sent picture of Jeramiah, getting cavities filled. Again, never any prior knowledge of that. Near Q,mA e 83� 0t Io1a031o't 3i r2 SD/?O`o Petition for Contempt and Modification Page 3 of 6 November 2012 The plaintiff and I had discussed not putting my son Caleb on any medication due to him being diagnosed with ADD or ADHD and she had agreed then again, via text, stated she had him put on medication even though I am against it and again was told I have no say I'm not with him everyday. I also have asked the plaintiff for the teacher's names and information for my children's school and it took until mid-November for the information. The order also states that neither parent will alienate the children against one another nor the plaintiff continues to do so by constantly referring to her husband as their "father" and continuously correcting the children when they call her husband by his name. Also, my children are scared to ever bring anything that they receive from mine or my wife's family back with them because of the plaintiff. The order also states that every Tuesday and Thursday at 6:30p.m. I am to talk to my children and there are times where I get busy with my 21 month old and lose track of time and plaintiff will not initiate the phone call. 6. Petitioner seeks to modify the custody order because: I want to be informed of all appointments regarding the boys as well as be included in school things. Anything that has to do with school I have to find out by talking to their teachers. The plaintiff refuses to tell me anything about my children. Also, as it is now, there is absolutely no holiday schedule and I am tired of having to wait last minute on something to be decided on by the plaintiff and told that if I do not do as she says than I cannot see my children. I have proposed many different holiday schedules to which is fair for each parent and plaintiff has refused. I feel it would be in the best interest of the courts and parties involved that this matter be seen before an honorable judge rather than a conciliator as nothing is ever agreed upon at conciliation. 7. Petitioner believes the custody order should be changed as follows: I have attached a proposed holiday schedule. I am adamant about having my children from the Friday they get done school for Christmas break until Christmas Day at 6 p.m. where the plaintiff and I would meet at the Bedford exit of the Pa turnpike. This would only be the fair thing to do as I had missed yet again another Christmas Eve and Christmas morning where all three of my children could not be together as a family. That would also be the only holiday where she and/or her husband would be required to travel. I also would like the court to add that on Sundays at 6:30pm I am allowed to call and speak to my children as well as Tuesdays and Thursdays. I also have tried to discuss the taxes with the plaintiff. When we had first split it was decided that we Petition for Contempt and Modification Page 4 of 6 finalized order stating that we each claim one child every year. . WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court and modify the Order as requ sted. � 6 Date: 2 N 411104 Y J. WILSON Defendant Verification I, KYLE J. WILSON, Defendant, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penaltis of 18 Pa. C.S.A. '4904 relating to unsworn falsification to authorities. Date: 21 Ili I I KY E i. •N, De -ndant Petition for Contempt and Modification Page 5 of 6 • A1MF.E M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW cm _z ow w = y KYLE J. WILSON, Defendant : IN CUSTODY do - ca rZ PRIOR JUDGE: The Honorable Albert H. Masland. Zc CO i-1-1 COURT ORDER, 5E kg 4( "r3' -•< AND NOW, this T day of /0v€b11ev' , 2013, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the 19th day of December,2013,at 3:00 p.m. The purpose of this hearing shall be solely to address the upcoming Christmas holiday and father's request to take the children to his home in the Pittsburgh area over Christmas to include Christmas Eve and the entirety of Christmas Day. Recognizing the parties are representing themselves, the Court directs that each party file a memorandum with the Court in Chambers in advance of the December 19t hearing laying out each party's position on • the Christmas custody issue and giving reasons why each party is taking that position. 2. Noting that the above scheduled hearing will only address the Christmas holiday issue, the Court acknowledges that the parties have agreed that the upcoming Thanksgiving holiday shall be handled with the mother having custody on the Wednesday before Thanksgiving and Thanksgiving Day with father having custody from 4:00 p.m. on Thanksgiving Day through Sunday at 6:00 p.m.. Future Thanksgiving holidays shall be worked out between the parties or addressed by the Court as needed. 3. It is also ordered and directed that the parties shall work out a telephone schedule such that father shall have a minimum of two phone calls per week with the children. Unless the parties agree otherwise or unless the mother initiates calls to the father at least two times a week, father should have phone calls with the children every Tuesday and Thursday at 6:30 p.m. 4. In all other respects,this Court's prior Orders of July 15,2013,and October 12,2012, shall remain in place. �/ AIMEE M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA__ ; C c= T v ' : 2010-2453 CIVIL ACTION -LAW,vm ` i,, z rri = rn-- = r— -p r . KYLE J. WILSON, -<D cn 07 Defendant : IN CUSTODY `- ~o a ZC cj ? PRIOR JUDGE: The Honorable Albert H.Masland. z,= - -, r-, LT COURT ORDER, � - AND NOW, this day of July, 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of October 12,2012,shall remain in place subject to the following modifications: 1. Father's alternating weekends shall be handled such that he will be getting the children on the weekends coinciding with his pay from work. 2. Father will provide mother with a detailed schedule of his upcoming work schedule as it relates to weekends where he will be required to work overtime. For those weekends where father is working overtime, mother shall evaluate whether she can modify her schedule and switch some of the weekends so that father does not miss a weekend with the children. However, this arrangement anticipates that father will provide information well in advance to the mother so that she has an opportunity to evaluate this request. 3. The parties shall communicate between themselves to see if they can make different arrangements with respect to a holiday schedule that would modify paragraph 4 of the October 12,2012, Order. 3. Father sometimes exercises custody with the children at his home in the Pittsburgh area and sometimes exercises custody at his parent's home in Mechanicsburg. Father shall advise mother as to whether he will be in the Pittsburgh area or Mechanicsburg area when he is exercising custody with_the_children`-------------__--- 4. In the event either party desires to modify this Order,that party may again petition the Court to have the case again scheduled before the Custody Conciliator for a Conference. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY THE COURT, °PP Albert H. Masland,Judge cc: I.Aimee M. Wert �'Mr. Kyle J. Wilson l'es frbasiscL. AIMEE M.PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v : 2010-2453 CIVIL.ACTION-LAW KYLE J.WILSON, • Defendant : IN CUSTODY COURT ORDER AND NOW,this < day of October,2012,upon consideration of the attached Custody Conciliation Report,it is ordered and directed that the prior Custody Orders entered in this matter are vacated and replaced with the following Order 1. The mother,Aimee M.Patrick,and the father,Kyle J.Wilson,shall enjoy shared legal custody of Jeramiah J. Wilson,born January 22, 2006, and Caleb M. Wilson,born March 5,2007. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On alternating weekends from Friday evening at a time to be agreed upon by the parties until Sunday evening at 6:00 p.m.;and B. At such other times as the parties agree. 4. For holidays,the parties shall work between themselves to arrange a holiday schedule which,at a minimum,shall be a splitting of each holiday with the times being from 9:00 _--___--a.m.. per,_and-4:00-p.m.until 9 3 p the pa<ties can work out any arrangement they can agree upon with respect to a holiday. Absent an agreement,the schedule set forth herein shall control. 5. During the summer months,Father's periods of alternating weekends shall continue: along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should atrmtge on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. 6. Mother shall always have custody on Mother's Day and Father shall always have custody on Father's Day. 7. The parties shall work with each other relative to ensuring thatthe non-custodial paned has some opportunity of custody on or near each child's birthday to have their own celebration for the child's birthday. 8. This Order is eotaed pursuant to an agreement reached by the parties at a custody conciliation Conference. The parties may modify or alter the custody schedule set forth above as they agree.Absent an agreement,the parties shall follow the schedule set forth above. In the event either party desires to modify the above schedule,that party may petition the Court to have the case again scheduled with the Custody Conciliator fir a conference. 9. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consorts to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. §.5337. BY THE COURT, Stead 0.011!" LC :8 WV SI 130 WIZ . ' . • cVv1 CHOHiOld 311.1 J:) cc: i n,Aide MVP 6p;es IK4.'l�'•l io/di . ArnQ■ 1\.1 ?MI ICJL , IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs : No. 2-bb- i 45:" CIVIL TERM 11U t c S oo , : CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, k(.iC J Vj i Is6A , hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges IT 18 Pa.C.S. Ch. 25 I IT (relating to criminal homicide) IT 18 Pa.C.S. §2702 (relating to aggravated mo - , rr7 41- assault) Z CC7 cn –C>. co- 18 Pa.C.S. §2706 (relating to terroristic " c� threats) -< c 18 Pa.C.S. §2709.1 IT (relating to stalking) 18 Pa.C.S. §2901 fT IT (relating to kidnapping) 18 Pa.C.S. §2902 El IT (relating to unlawful restraint) f a 18 Pa.C.S. §2903 1-' 7, (relating to false imprisonment' rJ 18 Pa.C.S. §2910 IT (relating to luring a child into a motor vehicle or structure' f- 18 Pa.C.S. §3121 El El (relating to rape) 18 Pa.C.S. §3122.1 relating to statutory sexual assaults 18 Pa.C.S. §3123 r El (relating to involuntary deviate sexual intercourse) j 18 Pa.C.S. §3124.1 r (relating to sexual assault) 1 18 Pa.C.S. §3125 fT IT (relating to aggravated indecent assault) IT 18 Pa.C.S. §3126 �- (relating to indecent assault) 18 Pa.C.S. §3127 IT El (relating to indecent exposure) IT 18 Pa.C.S. §3129 IT (relating to sexual intercourse with animals) L l 18 Pa.C.S. §3130 C ITT (relating to conduct relating to sex offenders) r 18 Pa.C.S. §3301 (relating to arson and related offenses) n 18 Pa.C.S. §4302 C I 'relating to incest) r 18 Pa.C.S. §4303 C IT (relating to concealing death of child) IT 18 Pa.C.S. §4304 C IT 'relating to endangering welfare of children) 18 Pa.C.S. §4305 C IT (relating to dealing in infant children) r 18 Pa.C.S. §5902(b1 C C (relating to prostitution and related offenses) 18 Pa.C.S. §5903 C 1— (c) or(d) 'relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 C C (relating to corruption of minors) 18 Pa.C.S. §6312 IT I (relating to sexual abuse of children) IT 18 Pa.C.S. §6318 IT IT (relating to unlawful, contact with minor) 18 Pa.C.S. §6320 El E (relating to sexual exploitation of children) 1 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the El influence of drugs or alcohol Manufacture, sale, IT IT delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member �- A finding of abuse by a Children &Youth IT IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the r IT Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: ET I' 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: kljlr WfIf - Sktpfcrhier 1'0 1'ry lltOrev, hos pr,Or QY s ahc_ wGS C - w�fiv' A cAnck VAN) 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 un•I orn fa ifica`'on to auth•ri •- . ' .LLA 111! k 6fili Ott LAI 7n111Te v �..• lit 11 Sad Printed Name AIMEE M. PATRICK IN THE COURT OF COMMON PLEAS ( F PLAINTIFF CUMBERLAND COUNTY, PENNSYLIA r-ic "-I 2010-2453 CIVIL ACTION LAW Cf) c; V. KYLE J. WILSON IN CUSTODY r—, ` DEFENDANT C, 7.t 2 C.", r•� t_ Ca ORDER OF COURT °` AND NOW, Friday, February 21,2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy, Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Thursday,March 27,2014 10:00 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/ Hubert X. Gilroy, Esq.04\ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court,please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. n Cumberland County Bar Association �I ',M C'O�1 32 South Bedford Street K �£. f.C�l��SaJ Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 W. a (no c2.1kIliej Barbara Sump le-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 1--)R 0 T HO IT'13 2gili APR -4 /fl 8: 2 4 CUMBERLAND COOli PENNS YL VA NIA AIMEE M. PATRICK (n/k/a AIMEE M. WERT) PENNSYLVANIA V. KYLE J. WILSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : CIVIL ACTION — IN CUSTODY : No. 2010-02453 CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Aimee M. Wert, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime that apply 18 Pa.C.S. Ch. 25 (relating to criminal homicide) • Self Other household member Date of conviction, guilty plea, no contest plea or Pending charges Sentence 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) LI 18 Pa.C.S. §2901 (relating to kidnapping) LI 18 Pa.C.S. §2902 (relating to unlawful restraint) LI 18 Pa.C.S. §2903 (relating to false imprisonment) LI 18 Pa.C.S. §2910 LI 0 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape) LI l8 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 LI LI (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 2 (relating to indecent assault) 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) 121 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 U 3 0 (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 2010 ARD 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 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 jurisdiction 4 Date ❑ 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. Kyle Wert, April 19, 1983, Step- father. 5. If you are aware that the other party or members of the other 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. alms m..Mit Aimee M. Wert 5 AIMEE M. PATRICK, Plaintiff v KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland COURT ORDER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL- _VANIA : 2010 -2453 CIVIL ACTION - LAW,; u) te- - AND NOW, this er- c u day of April, 2014, upon consideration of the attached Custody Conciliation Report, and after conferring with the Custody Conciliator in Chambers on the various issues, it is ordered and directed as follows: 1. On the Petition for Contempt filed by the father, Kyle J. Wilson, said Petition is held in abeyance at this time. Additionally, in order for Father to get a second opinion with respect to orthodontic work for the minor child, Caleb, Mother is directed to provide Father with a copy of the report issued by Mother's local dentist and the x -rays taken by that dentist. Armed with those documents, Father may have a dentist of his choice review the information and issue a determination as to whether the proposed orthodontic work for Caleb is medically necessary. 2. The prior Custody Orders in this case are modified such that during the summer months when the children are not in school Father's alternating periods of custody on weekends shall start on Thursday at 6:00 p.m. and continue through to Sunday at 6:00 p.m., with the Father picking up the children at Mother's home and returning the children to Mother's home. It is understood that the Father shall have a separate bed for the children to sleep in during this time of custody. 3. The following holiday schedule shall apply in this case: A. For the Thanksgiving holiday, the holiday shall be alternated each year from Wednesday after school until Friday at 6:00 p.m. Father shall have Thanksgiving holiday in 2014 with the parties alternating thereafter. If it is Father's Thanksgiving holiday and the weekend following Thanksgiving is also Father's alternating weekend, Father, in that situation, shall have custody from that Wednesday through Sunday. B. The Easter holiday shall be alternated for every year for the entire weekend. Father shall enjoy Easter in 2014 and Mother shall have the Easter weekend in 2015, with the parties alternating thereafter. This shall be a separate holiday weekend and shall not require an adjustment of the alternating weekend schedule. C. For the children's birthdays, no special provision is put in place for their birthdays. The non-custodial parent on the child's birthday shall take the opportunity to celebrate the child's birthday at their next available period of custody. D. For the Memorial Day holiday, the Father shall always have custody on Memorial Day. If Memorial Day falls on a weekend that is Father's weekend under the alternating schedule, he shall start the normal time on Friday and go through until Monday at 6:00 p.m. If Memorial Day is not Father's scheduled alternating weekend, he shall pick the children up at 2:00 p.m. on Saturday and have the children through that Monday until 6:00 p.m. E. The Mother shall always have custody on July 4. The parties shall work out a driving arrangement for exchange of custody if July 4 falls on one of Father's weekends. F. If Labor Day falls on the Monday after one of Father's weekends, Father may keep the child through 6:00 p.m. on that Monday. If Labor Day is after one of Mother's scheduled weekend periods of custody, Mother shall enjoy custody on Labor Day. G. The Christmas holiday shall be divided into two segments: Segment A shall be from 4:00 p.m. the day the children finish school for the Christmas break until noon on December 26. Segment B shall be from noon on December 26 through and including New Year's Day. If the children have school on January 2 and Segment B is Father's time with the children, the children shall be returned to the Mother on January 1 at 6:00 p.m. If the children do not have school on January 2, Father may return the children to Mother on January 2 at 6:00 p.m. Segment A and Segment B shall be alternated with the Mother enjoying Segment A in 2014 and the Bather enjoying Segment B. The Court notes that the division of the Christmas holiday to take place on December 26 is designed by the Court in light of the fact that the Father lives in the Pittsburgh area and the Mother lives in Cumberland County and the Court is of the opinion that the parties and the children would not benefit from extensive traveling on Christmas Day for exchange of custody. The Court also notes that the Mother is provided with Segment A in 2014 in order to coincide the Mother's time with the children to be consistent with Mother's stepchild to her current spouse. 4. The Court notes the numerous Petitions for Modification of the Custody Order which have been filed by the Father over the past eighteen months. In the event either party files a Petition for Modification of this Custody Order within the next twelve months, the Court may, after review and any recommendation from the Custody Conciliator, determine that the issues raised in the Petition may not need an in-person Custody Conciliation Conference and the Court may determine to address the issues raised after a phone call initiated by the Conciliator or simply after review of the issues raised in the Petition. 5. Except for the above, in all other respects the prior Orders of Court issued in this case shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 537. BY HE COURT, Albert H. Masland., Judge cc: jAnna wn, Esquire /1C/I.r. Kyle J. Wilson - 60 Coraopolis Rd., Coraopolis, PA 15108 AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeramiah J. Wilson, born January 22, 2006 Caleb M. Wilson, born March 5, 2007 2. A Conciliation Conference was held on April 4, 2014, with the following individuals in attendance: The mother, Aimee M. Patrick, with her counsel, Anna Starwn, Esquire, and the father, Kyle J. Wilson, who appeared without counsel. 3. This is a Petition for Modification and Contempt which has been filed by the Father, It is noted that the Father has had an extraordinary amount of filings with this Court on this Custody case over the past eighteen months. After a lengthy Custody Conciliation, the parties agreed upon a number of issues with respect to a holiday schedule. There were a number of significant issues the parties did not agree upon, but the Conciliator felt that these issues did not necessarily require a hearing before the Court. The Conciliator met with Judge Masland in this matter, and based upon the agreement of the parties at the Conciliation Conference and the position as articulated by Judge Masland in his conference with the Conciliator, the Conciliator recommends the entry of an Order in the form as attached. Date: April (( , 2014 Hubert X. 9ifroy, Esquire Custody Conciliator 1 AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than one full day. Date: July / VJ , 2014 ubert X. G oy, Esquire Custody C ciliator AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland COURT ORDER Ca AND NOW, this /7 day of July, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the j r� day of s e1 e m G b,I014 at D .�.o c .m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Both parties shall file with the Court a pre -hearing memorandum consistent with Pennsylvania Rule Of Civil Procedure 1915.4-4. In that father is the moving party and has requested this hearing, father shall file his memorandum at least two weeks in advance of the hearing date and provide a copy of said memorandum to legal counsel for the mother. Father is directed to include in his memorandum a detailed listing of each and every issue father desires to address at the hearing along with a summary of father's position on these issues. Mother's counsel shall file a response memorandum at least seven days prior to the mentioned hearing date in which mother's counsel shall set forth mother's position in response to the issues raised by the father and also include any issues mother desires to raise at the hearing. 2. Pending further Order of this Court, this Court's prior Order on Custody shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT, Albert H. Masland., udge cc: �Aaina Strawn, Esquire Mr. Kyle J. Wilson - 60 Coraopolis Rd., Coraopolis, PA 15108 %es AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator has conducted a number of Conciliations in the above docketed case and there seems to be a constant disagreement by the parties on a variety of issues. The most recent communication the Conciliator received from the father was a request that this case be scheduled for a hearing. Although many of the issues are matters which the Conciliator believes should be resolved with a discussion between the parties, for some reason there does not seem to be an ability of the parties to resolve these issues. Accordingly, the Conciliator recommends this case be set for a hearing. Date: Julyl ( 1 , 2014 di ubert X. Gilroy, squire Custody Concil p or r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 Anna Strawn, Esquire Supreme Court #316659 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE M. WERT) v. KYLE J. WILSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA- G .-t rn CIVIL ACTION — IN CUSTODY r G U IN) CD 0,37 CD �!CU : No. 2010-02453 ©y« CD 2 P. PETITION FOR CONTEMPT OF CUSTODY ORDER 1. Petitioner is Plaintiff, Aimee M. Patrick (n/k/a Aimee M. Wert; hereinafter "Mother"), an individual residing at 13 East Keller Street, Mechanicsburg, Cumberland County, PA. 2. Respondent is Defendant, Kyle J. Wilson (hereinafter "Father"), an individual residing at 60 Coraopolis Road, Coraopolis, Allegheny County, PA. 3. Mother and Father are the parents of the following children: NAME ADDRESS Jeramiah J. Wilson 13 East Keller Street Mechanicsburg, PA Caleb M. Wilson 13 East Keller Street Mechanicsburg, PA DOB 1/22/06 3/5/07 4. Custody of the children in this custody action is controlled by Orders of Court dated October 12, 2012, July 1, 2013, November 4, 2013, and April 11, 2014. 5. The Summer custodial schedule is addressed in the October 12, 2012 Order (a Copy of 483.cb pp yr L 4d5cia P_,430q688 1 which is attached as Exhibit A), and the April 11, 2014 Order (a copy of which is attached as Exhibit B). 6. The October 12, 2012 Order, at Paragraph 5, states: During the summer months, Father's period of alternating weekends shall continue along with Father having one week additional each month during the summer of custody. It is noted that Mother will agree to extending Father's time in the summer in the event Father goes out West to visit family. The parties should arrange on or before February of each year with respect to what the summer custody schedule shall be so that the parties can arrange their respective vacations. (Emphasis added). 7. The April 11, 2014 Order, at Paragraph 2, states: The prior Custody Orders in this case are modified such that during the summer months when the children are not in school Father's alternating periods of custody on weekends shall start on Thursday at 6:00 p.m. and continue through to Sunday at 6:00 p.m., with the Father picking up the children at Mother's home and returning the children to Mother's home. It is understood that the Father shall have a separate bed for the children to sleep in during this time of custody. 8. The parties did not reach an agreement in February 2014 concerning Father's weeks of custody for Summer 2014. 9. However, in early July 2014, the parties agreed that Father's summer week of custodial time for July 2014 ("summer week") would occur from July 14, 2014 until July 21, 2014. 10. Father's next regularly scheduled weekend of custody following the summer week is July 24, 2014 until July 27, 2014. 11. The parties agreed upon these dates in order to ensure that the children would be able to spend time with Mother and their baby sibling directly after her birth on July 8, 2014. 2 12. The agreement for Father's summer week for July 2014 was reached through a series of text messages. A transcript of the text message conversation is attached as Exhibit C. 13. At the time the agreement for the summer week was reached, Father was well aware that his regularly scheduled weekend of custody would occur three days after the end of the summer week. 14. In the text messages, Father clearly states that he understands that his regularly scheduled weekend is three days after the summer week. 15. Further, the text message exchanges clearly showed the fixed summer week dates and the regularly scheduled weekend. 16. During the summer week, on or about July 19, 2014, Father simply informed Mother that he would not return the children until July 28, 2014. 17. Father did not return the children on the agreed upon date of July 21, 2014. 18. While the children are in his custody, Father frequently changes the dates or times he will the children to Mother, causing uncertainty and confusion in the lives of the children. 19. Father's refusal to return the children to Mother for her period of custody is indicative of his general pattern of unilateral decision making concerning when he should have custody of the children and his lack of ability to communicate with Mother. 20. Mother has incurred attorney's fees of Four Hundred Dollars ($400.00) in the preparation and prosecution of this petition. 3 21. The best interest and permanent welfare of the children will be served by granting the relief requested because Father has increasingly shown a pattern of willful disregard of the terms of the court ordered schedule, unilateral decision making concerning the custody of these children, and his creation of uncertainty, confusion, and conflict in the children's lives. WHEREFORE, Petitioner respectfully requests the following: 1. Father be held in contempt of the court ordered summer schedule as set forth in the October 12, 2012 Order and the April 11, 2014 Order. 2. Mother be granted custody of the children for three days as make-up time for the period during which Father withheld the children. 3. Father be ordered to pay attorney's fees of Four Hundred Dollars ($400.00). 4. This matter be heard concurrently with the matter currently scheduled to be heard on September 3, 2014 at 8:30 a.m. in front of the Honorable Judge Albert H. Masland. Dated: f&/oLLf 4 Respectfully submitted, Anna Strawn, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 316659 EXHIBIT "A" AIMEE M. PATRICK, Plaintiff" v KYLE 3. WILSON, Defendant PsV CUSTODY-- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2010-2453 CIVIL ACTION - LAW MUMMER ORMER -[1 AND NOW, this / day of October, 2012, upon consideration of the atm Custody Conciliation Report, it is ordered and dir.. d that the prior Custody Orders entered in this tea= are vacated and replaced with the following Order: 1. The mother, Ai nee M. Panicle, and the father, Kyle J. Wilson, shall enjoy shared lel custody of Jeremiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, born March 5, 2017. 2. The mother all enjoy primary physical custody cftha minor chuid. rz. 3. The father shall enjoy periods of temporary physical custody of the mirror children as follows: A. On alt zating weekends from Friday evening at a time to be age upon by the parties nrf61 Sunday evening at 6:00 p.m.; and B At such other tines as the parties agre. 4. For holidays, the parties <hall work between the Ives to arrange a holiday schedule which, ata minimum, shall be a splitting of each holiday with the time being front 9:00 a rat. tttrtzi + ti xn and -4:00 -fun. miff 9:30 p.m. Agana the partes can work out any arrangement they can agr= upon with respect to a holiday. Absent art agreeme , the scbedetle set forth herein shall control. `.Dia oD HILL Ala Car TETE P tt THONO TA?': mulct t5 AM8:37 CUMMAN3COURT i" YWANIA---- - -• `LEES § 'SD =Amide pito oquo uomoom posodold 00404 mon= pm acti at swap p?Pc ZU JVD =11 TVA pt per% acTIPd fa= 'ainizzqzs ahoqn 3 4ffxxxx os p tq z 21 sL c Q i .2°1=g113?U°R8M3rto iprnsro r =sped ntirl icq pop= garazanan ur 3=z1=1 paragon n! /am spu, s.Pg3�p Imo alinpqnlq c‘pntpqxam so 130 pc p4nopocido =mos saq Ina magma as Spot= s 3 Pau LPG Se=i1V3N uo £ aAsti glait&F tris j '9 O nApodsaza EU U3 id alp Taci os zo no gat=ar prnoqs =pod aq i. Yhoosui a Inoikatsx 3o =cans otp &quip liozoar tpao Traomppa laaii ono lial rq ar4zza wet /imp zaopico I 3ospopod £ 3 mgrs ota 8urnr oS EXHIBIT "B" AIMEE M. PATRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLYANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland COURT ORDER 0 N t' Y AND NOW, this 11 1 day of April, 2014, upon consideration of the attached Custody Conciliation Report, and after conferring with the Custody Conciliator in Chambers on the various issues, it is ordered and directed as follows: 1. On the Petition for Contempt filed by the father, Kyle J. Wilson, said Petition is held in abeyance at this time. Additionally, in order for Father to get a second opinion with respect to orthodontic work for the minor child, Caleb, Mother is directed to provide Father with a copy of the report issued by Mother's local dentist and the x-rays taken by that dentist. Armed with those documents, Father may have.a dentist of his choice review the information and issue a determination as to whether the proposed orthodontic work for Caleb is medically necessary. 2. The prior Custody Orders in this case are modified such that during the summer months when the children are not in school Father's alternating periods of custody on weekends shall start on Thursday at 6:00 p.m. and continue through to Sunday at 6:00 p.m., with the Father picking up the children at Mother's home and returning the children to Mother's home. It is understood that the Father shall have a separate bed for the children to sleep in during this time of custody. 3 The following_ holiday schedule shall apply in this case: A. For the Thanksgiving holiday, the holiday shall be alternated each year from Wednesday after school until Friday at 6:00 p.m. Father shall have Thanksgiving holiday in 2014 with the parties alternating thereafter. If it is Father's Thanksgiving holiday and the weekend following Thanksgiving is also Father's alternating weekend, Father, in that situation, shall have custody from that Wednesday through Sunday. B. The Easter holiday shall be alternated for every year for the entire weekend. Father shall enjoy Easter in 2014 and Mother shall have the Easter weekend in 2015, with the parties alternating thereafter. This shall be a separate holiday weekend and shall not require an adjustment of the alternating weekend schedule. C. For the children's birthdays, no special provision is put in place for their birthdays. The non-custodial parent on the child's birthday shall take the opportunity to celebrate the child's birthday at their next available period of custody. D. For the Memorial Day holiday, the Father shall always have custody on Memorial Day. If Memorial Day falls on a weekend that is Father's weekend under the alternating schedule, he shall start the normal time on Friday and go through until Monday at 6:00 p.m. If Memorial Day is not Father's scheduled alternating weekend, he shall pick the children up at 2:00 p.m. on Saturday and have the children through that Monday until 6:00 p.m. E. The Mother shall always have custody on July 4. The parties shall work out a driving arrangement for exchange of custody if July 4 falls on one of Father's weekends. F. If Labor Day falls on the Monday after one of Father's weekends, Father may keep the child through 6:00 p.m. on that Monday. If Labor Day is after one of Mother's scheduled weekend periods of custody, Mother shall enjoy custody on Labor Day., G. The Christmas holiday shall be divided into two segments: Segment A shall be from 4:00 p.m. the day the children finish school for the Christmas break until noon on December 26. Segment B shall be from noon on December 26 through and including New Year's Day. If the children have school on January 2 and Segment B is Father's time with the children, the children shall be returned to the Mother on January 1 at 6:00 p.m. If the children do not have school on January 2, Father may return the children to Mother on January 2 at 6:00 p.m. Segment A and Segment B shall be alternated with the Mother enjoying Segment A in 2014 and the Bather enjoying Segment B. The Court notes that the division of the Christmas holiday to take place on December 26 is designed by the Court in light of the fact _that the Father lives in the__ Pittsburgh area and the Mother lives in Cumberland County and the Court is of the opinion that the parties and the children would not benefit from extensive traveling on Christmas Day for exchange of custody. The Court also notes that the Mother is provided with Segment A in 2014 in order to coincide the Mother's time with the children to be consistent with Mother's stepchild to her current spouse. 4. The Court notes the numerous Petitions for Modification of the Custody Order which have been filed by the Father over the past eighteen months. In the event either party files a Petition for Modification of this Custody Order within the next twelve months, the Court may, after review and any recommendation from the Custody Conciliator, determine that the issues raised in the Petition may not need an in-person Custody Conciliation Conference and the Court may determine to address the issues raised after a phone call initiated by the Conciliator or simply after review of the issues raised in the Petition. 5. Except for the above, in all other respects the prior Orders of Court issued in this case shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply' with 23 Pa. C.S. § 5337. BY THE CO RT, 151 Albe H. Masland., Judge cc: Anna Strawn, Esquire Mr. Kyle J. Wilson - 60 Coraopolis Rd., Coraopolis, PA 15108 AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v: 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Jeramiah J. Wilson, born January 22, 2006 Caleb M. Wilson, born March 5, 2007 2. A Conciliation Conference was held on April 4, 2014, with the following individuals in attendance: The mother, Aimee M. Patrick, with her counsel, Anna Starwn, Esquire, and the father, Kyle J. Wilson, who appeared without counsel. This is a Petition for Modification and Contempt which has been filed by the Father, It is noted that the Father has had an extraordinary amount of filings with this Court on this Custody case over the past eighteen months. After a lengthy Custody Conciliation, the parties agreed upon a number of issues with respect to a holiday schedule. There were a number of significant issues the parties did not agree upon, but the Conciliator felt that these issues did not necessarily require a hearing before the Court. The Conciliator met with Judge Masland in this matter, and based upon the agreement of the parties at the Conciliation Conference and the position as articulated by Judge Masland in his conference with the Conciliator, the Conciliator recommends the entry of an Order in the form as attached. Date: April 0 , 2014 Hubert X. 9,iiroy, Esquire Custody Conciliator !r- EXHIBIT "C" .4•000 AT&T If" 9:10 PM * 43% MID < Messages (1) ZKyle Contact Today 5:46 PM Realistically best case scenario is you'll be discharged Thursday morning. Worst case scenario if you hace c section your in the hospital for 3 nights. If you want I'm willing to let you have this weekend with the boys and new baby and 1 can just pick them up on Monday and bring them back next Monday. Its up to you. Today 7:01 PM But then you'd still be corning back that Thursday- 3 days later. Does that work for you? Send trocioco AT&T 9:10 PM Messages (1) ZKyle 1 know and that's fine. I want the boys to be able to spend a couple of days with you and the baby before theyre gone for a week Contact Okay thanks! So the 14th - 21st. Now let's leave it alone bc all these dates are making my head spin lot. The boys' wilt be thrilled. Hahaha deal! Good luck tomorrow! Please let me know how what you guys have and the details!! Give the boys a hug and kiss for me as well! Send Barbara Sumple-Sullivan, Esquire Supreme Court #32317 Anna Strawn, Esquire Supreme Court #316659 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE : IN THE COURT OF COMMON PLEAS M. WERT) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — IN CUSTODY KYLE J. WILSON, : No. 2010-02453 Defendant VERIFICATION I, Aimee M. Wert, hereby certify that the facts set forth in the foregoing Petition for Contempt of Custody Order are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 1 las-114- Wimorip AIMEE M. WERT Barbara Sumple-Sullivan, Esquire Supreme Court #32317 Anna Strawn, Esquire Supreme Court #316659 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE : IN THE COURT OF COMMON PLEAS M. WERT) : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — IN CUSTODY KYLE J. WILSON, : No. 2010-02453 Defendant CERTIFICATE OF SERVICE I, Anna Strawn, Esquire, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt of Custody Order, in the above -captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATE: .qI aN /a319 Mr. Kyle J. Wilson 60 Coraopolis Road Coraopolis, PA Anna Strawn, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Attorney for Petitioner Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE M. WERT) PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff v. : CIVIL ACTION — IN CUSTODY KYLE J. WILSON, : No. 2010-02453 Defendant CRIMINAL RECORD/ABUSE HISTORY VERIFICATION v cnr cp I, Aimee M. Wert, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime that apply ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other Date of household conviction, member guilty plea, no contest plea or pending charges Sentence 18 Pa.C.S. §2702 Li Li (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 11 (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) 0 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 CI (relating to involuntary deviate sexual intercourse) 0 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 animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ 0 (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 ❑ ❑ 3 a (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) x❑ Driving under the influence of ❑ 0 2010 ARD 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 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 jurisdiction 4 Date ❑ 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. Kyle Wert, April 19, 1983, Step -father. 5. If you are aware that the other party or members of the other 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. rn(e: m (fie Aimee M. Wert 5 AIMEE M. PATRICK N/K/A AIMEE M. WERT PLAINTIFF V. KYLE J. WILSON DEFENDANT IN THE COURT OF COMMON PLEAS OF c-) CUMBERLAND COUNTY, .P.ENNSY:LV IT =2z) cn I r= IN CUSTODY ,<<, c) =c) 2010-2453 CIVIL ACTION LAW ORDER OF COURT r— c,J —r0 N ry 0 r9F -vrn �cp = —r, —ra _4ri AND NOW, Thursday, July 31, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor , Cumberland County Courthouse, Carlisle on Friday, August 29, 2014 9:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. 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/ Hubert X. Gilroy, Esq. Custody Conciliator l�' 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. CDP/ es /12a1Geo/ o illCsoo o 504v/e- £J, /1, sCQ: froj J rst ofillotc- Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland AND NOW, this COURT ORDER ay of August, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered that the Custody Conciliation scheduled in the above matter for Friday, August 29, 2014, is cancelled and the Petition for Contempt filed by the mother in the above case shall be heard by the Court at the hearing scheduled on September 3, 2014. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair 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. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: ✓ BY THE COURT, Albert H. Masland., dge Z.a Strawn, Esquire Kyle J. Wilson - 60 Coraopolis Rd., Coraopolis, PA 15108 Cies c /L///yrn coz Pi •—illcn= Acp z C L :C &fid h- O(lV 'HOZ Cs AIMEE M. PATRICK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2010-2453 CIVIL ACTION - LAW KYLE J. WILSON, Defendant : IN CUSTODY PRIOR JUDGE: The Honorable Albert H. Masland CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. There is a hearing scheduled before Judge Masland on September 3, 2014, in the above matter. The mother has now filed a petition to hold father in contempt, and it has been referred to the undersigned Custody Conciliator as per the normal procedure. However, in light of the fact that there is a hearing coming up relatively soon, the Conciliator recommends that this contempt issue go directly to the Court in conjunction with that hearing. Date: August .2 , 2014 oe P Hubert X. Gilroy, E 'quire Custody Conciliat Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 "[rj EDI- `i`(FyQ{iIL P R© i I i[I !Ak.,`. 20114 AUG 29 PM 1:19 CU PENCOUNTY NSYLVAN A AIMEE M. PATRICK (n/k/a AIMEE M. WERT) PENNSYLVANIA v. KYLE J. WILSON, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : CIVIL ACTION — IN CUSTODY : No.2010-02453 CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Aimee M. Wert, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all Crime that apply ❑ 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other household member Date of conviction, guilty plea, no contest plea or pending charges Sentence 4.. 4,-- • 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 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 PaC.S. §3122.1 (relating to statutory sexual assault) U 18 Pa.C.S. §3123 U 0 (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 animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 LI (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 3 (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 ❑ 0 2010 ARD 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 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 jurisdiction 4 Date 0 Involvement with a Children & Youth Agency 0 O 2013 Or similar agency in Pennsylvania or another Jurisdiction. Where? Father of the children contacted Cumberland County CYS in 2013 with an allegation of abuse. Same was determined to be unfounded. ❑ 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. Kyle Wert, April 19, 1983, Step -father. 5. If you are aware that the other party or members of the other 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. 5 Qp6-oku ft\}utkuvb %nature A'Ama 111 We+� Aimee M. Wert Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE : IN THE COURT OF COMMON PLEAS M. WERT), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — IN CUSTODY KYLE J. WILSON, : No.2010-02453 Defendant ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 3 day of, C: M CCI Z U3 r— r— < mac-) CD ee :8 N1 C- d]S hii�� , 2014, upon consideration of the C) r 'j`a CD CD --r attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Aimee M. Patrick (n/k/a Aimee M. Wert), and pro se Defendant, Kyle J. Wilson, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated 2014 are adopted as an Order of Court. BY THE COURT, cc: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 Mr. Kyle J. Wilson - 60 Coraopolis Rd., Coraopolis, PA 15108 copi es itis d Atig ie.r 9/7//Y 4L Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 AIMEE M. PATRICK (n/k/a AIMEE : IN THE COURT OF COMMON PLEAS M. WERT), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — IN CUSTODY KYLE J. WILSON, : No. 2010-02453 Defendant STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this j" day of , 2014, by and between Aimee M. Patrick (n/k/a Aimee M. Wert) (hereinafter referred to as "Mother") an adult individual residing at 13 East Keller Street, Mechanicsburg, Pennsylvania 17055, and Kyle J. Wilson (hereinafter referred to as "Father") an adult individual residing at 60 Coraopolis Road, Coraopolis, Pennsylvania 15108. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, Jeramiah J. Wilson, born January 22, 2006 and Caleb J. Wilson, born March 5, 2007; 2 WHEREAS, a Petition for Contempt and Modification was filed on February 14, 2014 and following a conciliation, an order was entered on April 11, 2014 awarding Mother primary physical custody and Father periods of partial physical custody; WHEREAS, following the entry of the Order on April 11, 2014 the parties continued to have disagreements concerning their custody situation, and a Hearing was scheduled for September 3, 2014 at 8:30 a.m. on Father's Petition for Contempt and Modification; WHEREAS, the parties have mutually agreed upon the modification of the April 11, 2014 Order in order to provide necessary clarification and desire to incorporate same into a revised order of court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. Legal Custody: a. The parties shall have shared equal custody with regard to the children Jeramiah J. Wilson, born January 22, 2006, and Caleb M. Wilson, born March 5, 2007. Mother and Father agree not to attempt to alienate the affections of the child for the other parent. Each party equally has access to school and medical records and shall secure such information for themselves if possible. Mother and Father shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. 3 b. The parent who has physical custody of the child, shall have the authority to make day to day decisions concerning the child and notify the other of any such decisions. c. Orthodontic work for Caleb shall be allowed as recommended by his orthodontist or dentist in the Mechanicsburg area, and he shall enter treatment in the Mechanicsburg area. d. Allergy treatment for Caleb shall be allowed as recommended by his allergist or other doctor in the Mechanicsburg area and he shall enter treatment in the Mechanicsburg area. 2. Physical Custody: a. Mother shall have primary physical custody of the minor children subject to Father's periods of partial custody. b. Father's physical custody shall be as follows: 1. School Year Custody: Father shall have periods of temporary physical custody of the minor children on alternating weekends from Friday evening at 5:00 p.m. until Sunday evening at 5:00 p.m. 2. Summer Custody: i. Father's periods of alternating weekends shall continue through the summer. During the summer, weekends shall be defined as beginning on Thursday at 5:00 p.m. and ending on Sunday at 5:00 p.m., provided that Father has beds for the children. If Father does not have beds for the 4 children, weekends shall be defined as beginning on Friday at 5:00 p.m. and ending on Sunday at 5:00 p.m. ii. Father shall have seven (7) days of custody during each summer month, said months being June, July, and August. These weeks will begin on a Thursday at 5:00 p.m. and end on a Thursday at 5:00 p.m. but can be abutted to Father's weekend. Father must give Mother notice of the dates he will exercise these periods of custody on or before February 1 of each year. 3. Contact with the Non-custodial Parent: The party not having custody of the children shall have telephone contact with the children on Sunday and Tuesday evenings of each week at 7:30 p.m. The non-custodial parent shall have additional contact with the children as agreed upon by the parties. 4. Contact Between the Parties: The parties will each send the other party one email each week with all information they are required to provide regarding the children. The parties will also utilize an online calendaring system to track the appointments of the children. Barring an emergency, the parties shall not have communication outside of said email exchange. 5. Holiday Schedule: 5 a. For the Thanksgiving holiday, the holiday shall be alternated each year from Wednesday at 5:00 p.m. until Friday at 5:00 p.m. Father shall have Thanksgiving holiday in 2014 with the parties alternating thereafter. If it is Father's Thanksgiving holiday and the weekend following Thanksgiving is also Father's alternating weekend, Father, in that situation, shall have custody from that Wednesday after school through Sunday at 5:00 p.m. b. The Easter holiday shall be alternated for every year for the entire weekend. Father shall enjoy Easter even years and Mother shall have the Easter weekend in odd years. This shall be a separate holiday weekend and shall not require an adjustment of the alternating weekend schedule. The weekend shall be defined as from the Friday before Easter at 5:00 p.m. until Easter Sunday at 5:00 p.m. c. For the children's birthdays, no special provision is put in place for their birthdays. The non-custodial parent on the child's birthday shall take the opportunity to celebrate the child's birthday at their next available period of custody. d. For the Memorial Day holiday, the Father shall always have custody on Memorial Day. Father shall have custody for the Memorial Day holiday beginning on the Friday before Memorial day at 5:00 p.m. and lasting until 5:00 p.m. on Memorial day. 6 e. The Mother shall always have custody on July 4. Mother shall have custody from July 3 at 5:00 p.m. through July 6 at 5:00 p.m. f. If Labor Day falls on the Monday after one of Father's weekends, Father may keep the children through 5:00 p.m. on that Monday. If Labor Day is after one of Mother's scheduled weekend periods of custody, Mother shall enjoy custody on Labor Day. g. The Christmas holiday shall be divided into two segments: Segment A shall be from 5:00 p.m. the day the children finish school for the Christmas break until noon on December 26. Segment B shall be from noon on December 26 through and including New Year's Day. If the children have school on January 2 and Segment B is Father's time with the children, the children shall be returned to the Mother on January 1 at 5:00 p.m. If the children do not have school on January 2, Father may return the children to Mother on January 2 at 5:00 p.m. Segment A and Segment B shall be alternated with the Mother enjoying Segment A in 2014 and the Father enjoying Segment B. The Court notes that the division of the Christmas holiday to take place on December 26 is designed by the Court in light of the fact that the Father lives in the Pittsburgh area and the Mother lives in Cumberland County and the Court is of the opinion that the parties and the children would not benefit from extensive traveling on Christmas Day for exchange of custody. The Court also notes that the Mother is provided with Segment A in 2014 7 in order to coincide the Mother's time with the children to be consistent with Mother's stepchild to her current spouse. 6. Father shall provide all transportation for custody exchanges in accordance with the credit he receives in the parties' support case for providing transportation for the children. 7. The parties recognize that numerous Petitions for Modification of the Custody Order have been filed by the over the past eighteen months. Both parties agree to abide strictly by this Order for the next year without any attempt for modification. Except for an emergency, in the event either party files a Petition for Modification of this Custody Order within the next year, the non -filing party may seek contempt of this provision. 8. Father shall pay to counsel for Mother the sum of One Hundred Dollars ($100.00) each month for four (4) months following the execution of this Agreement. 9. The Hearing scheduled for 8:30 a.m. on September 3, 2014 shall be cancelled. 10. The parties hereby confirm that neither has been convicted of an offense as set forth in 23 Pa. C.S.A. §5303. 11. No party shall relocate the children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person 8 who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa. C.S.A. §5337. 12. All prior orders in this matter shall be vacated. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: oma,,,, Jik7\ NAA, 9 Aimee M. Wert