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Home My WebLink About04-2767 Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA AMY M. EWING, v. CIVIL ACTION - LAW / ~ NO. Otf- ;),7'-7 (!;vi..L I~ DANIEL R. ICKES, Defendant IN CUSTODY COMPLAINT IN CUSTODY AND NOW, this 1f..p.J+> day of June 2004, comes Plaintiff AmyM. Ewing, by and through her attorney, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a statement: 1. Plaintiff Amy M. Ewing is an adult individual who will be residing at 283 Leib Road, Mechanicsburg, Cumberland County, P A, 17055 effective June 23, 2004. 2. Defendant Daniel R. Ickes is an adult individual currently residing at 316 Fourth Street, Eno1a, Cumberland County, Pennsylvania, 17025. 3. Plaintiff seeks primary physical custody and shared legal custody of the following minor children: Name Address as of 6/23/04 Date of Birth Daniel G. Ickes 283 Leib Road Mechanicsburg, P A 17055 1 0/24/1999 Cheyenne S. Ickes 283 Leib Road Mechanicsburg, P A 17055 02/13/1995 30604J.1 Plaintiff and Defendant are the natural parents of the above mentioned minor children. The minor children were born in wedlock. The minor children are presently in the custody of Plaintiff For the past five years the minor children have resided with the following individuals at the following addresses: Name Address Date Amy M. Ewing Daniel R. Ickes 316 Fourth Street Eno1a, P A 17025 From birth to 6/22/04 Amy M. Ewing 283 Leib Road Mechanicsburg, P A 17055 6/23/04 to present The mother of the minor children is Plaintiff Amy M. Ewing who will be residing at 283 Leib Road, Mechanicsburg, Cumberland County, P A, 17055 effective June 23, 2004. The father of the minor children is Defendant Daniel R. Ickes who currently resides at 316 Fourth Street, Eno1a, Cumberland County, Pennsylvania, 17025. 4. The relationship of Defendant to the minor children is that of natural father. The Defendant is believed to reside with the following persons: Name Relationship Self 5. The relationship of Plaintiff to the minor children is that of natural mother. The Plaintiff currently resides with the following persons: 306041-) Name Relationship Daniel G. Ickes Cheyenne S. Ickes Son Daughter 6. Plaintiff has no information of a custody proceeding concerning the minor children pending in a court of law of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody ofthe minor children or claims to have custody or visitation with respect to the minor children. 7. The best interest and permanent welfare of the minor children will be served by granting the relief requested because: (a) Plaintiff Amy M. Ewing is in the best position, both financially and emotionally, to provide a stable and responsible environment for the raising of the minor children; (b) Plaintiff Amy M. Ewing is in a position to provide a stable, responsible environment for the raising ofthe Minor Children; (c) The best interest and permanent welfare of the minor children will best be served by maintaining a relationship with their mother. (d) Plaintiff Amy M. Ewing has been the primary caretaker of the Minor Children since birth. 8. Each parent whose parental rights to the minor children have not been terminated and the person who has physical custody of the minor children have been named as parties to this action. 306041.1 WHEREFORE, Plaintiff Amy M. Ewing requests the Court to grant her primary physical custody and shared legal custody ofthe minor children. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~Y)f) Andrew C. Spears, Esquire Attorney 1.0. No. 87737 Bruce J. Warshawsky, Esquire Attorney 1.0. No. 58799 Steven P. Miner, Esquire Attorney 1.0. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: {-,/'cPI6Y 306041-1 VERIFICATION I, Amy M. Ewing, verify that the statements made in the foregoing Complaint in Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. 01" Amy M. wing ~ Dated: . U\ \LP I {j-j 290043-1 -<q ...... "- D '-I ~ () o-.J \' LJ ~r $: J:- ~ 0 c;:., -0 S ~,~C:;Q ~ i~1 ~~? JJ ~ f _ -11 ?~'~}~ \f? '_.-; .r.- -< r<) r~ - ~ ~ N () AMY M. EWING PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 25, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 03, 2004 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. 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 existinll Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator mhc 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 betore 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 Asso-ciation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 €'~.p '7 ~ ~ ,.1c7...>7:,? ~ ~ 2. ~~Jt:; Ac?~.'1 ~~;Z ~ ~-./'9 ./?CA5t='.P,7 9S :(; Hd l:;Z r<1n!' ~OOl AUVl:Ji'iDHlOcd 3Hl :10 3 JiJ:10-{J31H .. Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAN[)COUNTY,PENNSYLV ANIA AMY M. EWING, vs. NO. 04-2767 DANIEL R. ICKES, Defendant CIVIL ACTION - LAW IN CUSTODY ANSWER WITH NEW MATTER AND NOW, this /5t1> day of d1.J1 , 2004, comes Defendant, Daniel R. Ickes, by and through his counsel, Linda A. Clotfelter, and files this Answer with New Matter, as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is denied that the minor children were born in wedlock. These parties have never been married. Defendant (hereinafter referred to as "Father") also denies any implication herein that the presence of the children in the custody of Plaintiff (hereinafter referred to as "Mother") is proper in that Mother removed the children from the residence without Father's consent and Father wishes to have the children returned to his custody and the home in which they hav,e lived the last two (2) years. The other allegations of this paragraph are admitted. 4. Admitted. 5. Denied. It is denied that the individuals listed are the only people residing in the residence. In further answer hereof, Mother and the children that ar'~ the subject of this proceeding have moved into the home of Mother's father, the maternal grandfather, Floyd Ewing, Sf. 6. Denied. Father lacks sufficient knowledge information to determine the truth of the averments in this paragraph therefore, same is denied and strict proof thereof is demanded at trial. 7. Denied. It is specifically denied by Father that granting Mother primary custody ofthe children is in their best interest. The subparts of this allegation are further denied as follows: (a) Denied. It is specifically denied that Mother is in the best position both financially and emotionally to provide a stable and responsibk environment for the children. In further answer hereof, Mother's recent erratic conduct is an example of her emotional instability, and permitting the children to reside primarily in such an unstable environment is not in their best interest. (b) Denied. See answer to subsection (a) above. In fUrther answer hereof, Mother has admitted to Father that children are not adjusting well to their recent move to their grandfather's house. ( c) Admitted in part and denied in part. It is admitted that it is in the best interest of the children to maintain a relationship with Mother, however any implication that is the only parental relationship of importance is denied. In further answer hereof, it is also important that the children maintain a relationship with Father. (d) Denied. It is denied that Mother has been the only primary caretaker for the children. In further answer hereof, Father has provided primary care for the children on a regular basis since birth. He has had the opporttmity to bath and feed them and he is the parent that retrieves them from school each day because he is home from his employment much earlier than Mother. 8. Admitted. WHEREFORE, Father, Daniel R. Ickes, respectfully requests that this Honorable Court deny Mother's requests for primary physical custody, and grant the parties shared legal custody with primary physical custody to Father and partial physical custody to Mother at times as mutually agreed. DEFENDANT'S NEW MATTER COUNTJERCLAIM 9. Defendant's responses to paragraphs one (1) through eight (8) are incorporated herein as if fully set forth. 10. Father seeks shared legal custody and primary physical custody of the children that are the subj ect of this proceeding. 11. Granting Father's request for shared legal custody and primary physical custody is in the best interest of the children for the following reasons: a. Father is able to provide a stable home environment that is familiar to the children because they have lived there for the past two (2) years. Returning the children to their home with Father would permit them to again experience the structure that is essential to the healthy emotional, spiritual, and physical development of the children. Also, it would be less disruptive for the: parties' daughter, Cheyenne, who is very shy and quiet, in that she could retum to the same school that she had been attending for the last two (2) years. b. Father has been a primary caregiver for the children since their birth and if Father is not available to provide care, Father has a support structure available to assist him with the care of the children. More specifically, the paternal grandfather, Daniel Ickes, is retired and as a result is available to care for the children during those times when they are not in school and Father must work. c. Father would encourage the children's relationships with both parents and extended family members because it is in the best interest ofthe children. d. Mother's conduct has been erratic and is indicatilve of her emotional instability and her misplaced motivations resulting in conduct that is not in the best interests of the children. More specifically, Mother removed the children from the residence in which the family lived without informing Father. In addition, Mother has been using the children, this proceeding, and a divorce proceeding (despite the fact that the parties were never married), to force Father to agree to certain material purchases that Mother desires. WHEREFORE, Father, Daniel R. Ickes, respectfully requests that this Honorable Court grant the parties shared legal custody and grant Father primary physical custody with partial custody to Mother as agreed upon by the parties and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated:#L y: L nda A. Clotfelter, Esquire ttorney 1D No. 72963 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY,PENNSYLV ANIA AMY M. EWING, vs. NO. 04-2767 DANIEL R. ICKES, Defendant CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904, rdating to unsworn falsification to authorities. Date: 74Jf5-0tj , ~;//~ DANIEL R. ICKES AMY M .EWING, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-2767 DANIEL R. ICKES. Defendant CIVIL ACTION .. LAW : IN CUSTODY CERTIFICATE OF SERVlCE( ? ') "I, AND NOW, this "" day of July, 2004, the undersigned hereby certifies that a true and correct copy of the foregoing ANSWER WITH NEW MATTER was served upon the interested parties by way of United States first class mail, postage prepaid, addressed as follows: Andrew C. Spears, Esquir,e Bruce J. Warshawsky, Esquire Stephen P. Miner, Esquin: 3211 North Front Street Harrisburg, PA 17110-0300 (Counsel for Plaintifi) Dawn S. Sunday, Esquirf: 39 West Main Street Mechanicsburg, PA 17055 (Assigned Conciliator) LAW FIRM OF LINDA A. CLOTFELTER Date: 1{ )J-/ o..{ By,' inda A. Clotfelter, Esquire ttorney 1.0. No. 72963 021 East Trindle Road, Suite 1 Mechanicsburg, P A 17050 (717) 796-1930 ,-'- n c <-- C.~ r:::- r-., r"-J ~'J ...< ,,-, <-., r--, c:::'.} C;J -- () "'1"1 --< ,~' fil"'" ,,-...- r" U I () ~~i r:i AMY M. EWING SfP 0 J 2004 ~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2767 CNIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY ORDER OF COURT .,.... ~~ AND NOW, this 1 day of , 2004, upon consideration of the attached Custody Conciliation Repo , it is ordered and directed as follows: I. The Mother, Amy M. Ewing, and the Father, Daniel R. Ickes, shall have shared legal custody of Daniel G. Ickes, born October 24, 1999, and Cheyenne S. Ick()s, born February 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. Pending the additional conciliation conference scheduled in this Order, on a temporary basis the parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m. and every Wednesday and Thursday from after school until 8:00 p.m. B. The Mother shall have custody ofthe Children at all times not otherwise specified for the Father in this Order. 3. The parties and their counsel shall attend an additional custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, September 28, 2004 at 8:30 a.m. 4. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation conference. The parties may modify the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms ofthis Order shall control. 1. cc: ~9Few c. Spears, Esquire - Counsel for Mother Jdllda A. Clotfelter, Esquire - Counsel for Father vp~~ Ul'~~ ~ 0\-1 OGI-O~'- V!N"):"\l(\E?\~IN.~d I "'n,~", -,. .....,.....'..'''''n'\ ^..J\ .,...I~. !..'''''':.'_-"'::;nl IV os: III1V L - d3S ~aOl J-d'IiLONOH10dd 3Hl :10 3;)!J:!(}-031I:l AMY M. EWING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel G. Ickes Cheyenne S. Ickes October 24, 1999 February 13, 1995 Mother Mother 2. A conciliation conference was held on August 23, 2004, with the following individuals in attendance: The Mother, Amy M. Ewing, with her counsel, Andrew C. Spears, Esquire, and the Father, Daniel R. Ickes, with his counsel, Linda A. Clotfelter, Esquim. 3. At the conclusion of the conciliation conference it was decided that the conciliator would hold this matter until the parties had an additional opportunity to consider various options following the Declaratory Judgment hearing regarding a common law marriage issue on the same day. Subsequently, a telephone conference was held with both parties' counsel resulting in the attached proposed Order reflecting the agreement of the parties. Augvol- ,1t; d-ex)t.{ Date D~~ Custody Conciliator '{ Plaintiff OCT~04 IN THE COURT OF COMMON Gl:A~ OF CUMBERLAND COUNTY, PENNSYLVANIA AMY M. EWING vs. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY ORDER OF COURT AND NOW, this C ~ day of Och~<J" , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Order. 1. The prior Order of this Court dated September 7, 2004, is vacated and replaced with this 2. The Mother, Amy M. Ewing, and the Father, Daniel R. Ickes, shall have shared legal custody of Daniel G. Ickes, born October 24,1999, and Cheyenne S. Ickes, born February 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining 1!0 the Children including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody ofthe Children. 4. The Father shall have partial physical custody of the Children on alternating weekends from Saturday at 9:00 a.m. through Sunday at 5:00 p.m. and every Wednesday and Thursday from after school until 7:30 p.m. The Father may request additional periods of custody with the Children for special occasions upon providing at least 24 hours advance notice to the Mother, for which the Mother shall not unreasonably withhold consent. 5. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 1 :00 p.m., and Segment B, which shall run from Christmas Day at 1 :00 p.m. through a time to be arranged by agreement between the parties. In even numbered years, the Mother shall have custody ofthe Children during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. OS :8 ~jd 9- J.JO ~unz N:NIOi'-~CrL...cdd 3H1 :10 3:Jl:HO-{]jll:l B. Thanksgiving: The Thanksgiving period of custody shall run from Wednesday evening, at a time to be arranged by agreement between the parties, through Thanksgiving Day at 7:30 p.m. The Father shall have custody of the Children over Thanksgiving in even numbered years and the Mother shall have custody in odd numbered years. The parties shall cooperate in making adjustments to the Thanksgiving holiday schedule to accommodate the Father's hunting schedule. C. Easter: In even numbered years, the Father shall have custody of the Children on Easter from 9:00 a.m. until 5:00 p.m. and in odd numbered years, the Mother shall have custody of the Children on Easter from 9:00 a.m. until 5:00 p.m. D. Memorial Dav/ Julv 4th/Labor Dav: In odd numb<:red years, the Father shall have custody ofthe Children on Memorial Day and Labor Day and the Mother shall have custody for July 4th. In even numbered years, the Mother shall have custody of the Children on Memorial Day and Labor Day and th,~ Father shall have custody for July 4th. The periods of custody on Memorial Day and Labor Day shall run from 9:00 a.m. through 7:30 p.m. The period of custody over the July 4th holiday shall be as arranged by agreement between the parties. E. Mother's Dav/Father's Day: In every year, the Mother shall have custody ofthe Children on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement between the parties. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. G. In the event either party's holiday period of custody falls immediately preceding or following that party's regular period of custody, the periods of custody shall run continuously without interruption. 6. Each party shall be entitled to have custody of the Children for two non-consecutive weeks during each summer for vacation upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitltld to preference on his or her selection of vacation dates. 7. The party receiving custody shall be responsible to provide transportation for the exchange of custody, unless otherwise agreed between the parties. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Andrew C. Spears, Esquire - Counsel for Mother Linda A. Clotfelter, Esquire - Counsel for Father rin A. Hess J. AMY M. EWING Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-2767 CNIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel G. Ickes Cheyenne S. Ickes October 24, 1999 February 13, 1995 Mother Mother 2. A conciliation conference was held on September 28, 2004, with the following individuals in attendance: The Mother, Amy M. Ewing, with her counsel, Andr,ew C. Spears, Esquire, and the Father, Daniel R. Ickes, with his counsel, Linda A. Clotfelter, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ~0.kA 30, ~()()'-f , aM'~~~ Dawn S. Sunday, Esquire / Custody Conciliator Date AMY M. EWING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES, Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Amy M. Ewing, Pro se. // ' By: Wiua Amy wing, Pro Se \__ 1499 Road Carlisle, P A 17013 (717) 238-8187 Dated: It:>! L,k~_C) I I 338153-1 AMY M. EWING, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION ~ LAW NO. 04-2767 DANIEL R. ICKES, Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this V~ay of October, 2005, I, Amy M. Ewing, hereby certify that I served the foregoing Praecipe by depositing same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Daniel R. Ickes 21 Kline Hollow Road Liverpool, P A 17045 Linda A. Clotfelter, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 Counsel for Defendant By: ~~ m [;0'"5 Am~ . Ewing 337395-/ () r~~ ,..., \~ ,'" CJ'I o n -1 CJ o ." .... =.c:-r; nlf"'::: [I', C. , () :i-~ 52 ,~t? '"J> ;Q "-' N Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYL VANIA AMY M. EWING, v. CIVIL ACTION - LAW NO. 04-2767 DANIEL R. ICKES, Defendant IN CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Clerk: Please Withdraw my appearance in the above-referenced matter for the party, Amy M. Ewing. Respectfully submitted, (~~~ Andrew C. Spears, Esquire Attorney LD. No. 87737 Wolpoff & Abramson, LLP. 4660 Trindle Road, 3'd Floor Camp Hi\1, PA 17011 Dated: \O\~ \G5 337397-/ AMY M. EWING, Plaintiff, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2767 DANIEL R. ICKES, Defendant IN CUSTODY CERTIFICATE OF SERVICE AND NOW, thisLft day of October, 2005, I, Amy M. Ewing, hereby certify that I served the foregoing Praecipe by depositing same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Daniel R. Ickes 21 Kline Hollow Road Liverpool, P A 17045 Linda A. Clotfelter, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 Counsel for Defendant By: ~1y(J wing 337395-1 ,-> c~ C..? .;;.11 o c-' -~ - c::> ~~~ ,..;.;." o ~r\ ..... ::r:..,.., P'f:;c~ ~,~:~:~2 ) ",::.:c,_; i~:?\ '3 - - r-:> 1'<' AMY M. EWING PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v, 04-2767 CIVIL ACTION LAW DANIEL R. ICKES IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, ___'Y~d_""s~_,Qcto_ber 1~,.2.~~5___._ __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear hefore Dawn S. Sunday, Esq. , the conciliator, at""___,_.3J_'West~ain Street, Mechanicsbur~, P A 17055 on ,,-----.!uesday, November 15, 2005 at 8:30 AM for a Pre-Hcaring Custody Conference, At such conference, an effort will be made to rcsolve thc issues in dispute; or if this cannot be accomplished, to definc and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference mav 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: _~__Dawn S. Sunday, E~ ~pV Custody Conciliator The Court of Common Picas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonablc 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association ]2 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-] 166 4~p~ ~ ~ Sc7-e/-O/ ~p~~.;e ~ ~ >/7-1:"/'0/ ~%~ ~ -~ --X?c/-i// , SS :{~ Ii,! Z I n] Cnp ,. _ .>'..... .,;,)[1<., .. ~ NOV 2 ;} 2005 ~I . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY M. EWING vs. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY ORDER OF COURT AND NOW, this ~r day of N~ , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated October 6, 2004 shall continue in effect as modified by this Order. 2. Unless otherwise agreed between the parties, exchanges of custody on school nights shall take place at 7:30 p.m. at the UniMart on Route 114 in Mechanicsburg. 3. The parties agree to modify the alternating weekend schedule on certain dates in 2005 as follows: A. The Father shall have custody of the Children on the weekends beginning on November 26, December 10, December 17 and December 31. B. The Mother shall have custody of the Children on weekends beginning on November 19 and December 3. 4. The Father shall transport Daniel to the regularly scheduled karate classes which fall on the Father's weekday periods of custody. 5. The parties shall consult with each other in selecting activities for the Children and shall ensure that the Children attend their regularly scheduled activities during each parent's periods of custody. CJF 1\10'" "f"' (i ""C.l L~.;d::; LUj i:;,; hi i C'" 10 .:J' ------- 6. This Order is entered pursuant to an agreement ofthe parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. However, all agreed upon changes shall be in writing and signed by both parties. BY THE COURT, cc: MY M. Ewing, Mother J4nda A. Clotfelter, Esquire - Counsel for Father J. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY M. EWING vs. 04-2767 CIVIL ACTION LAW DANIEL R. ICKES Defendant IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Daniel G. Ickes Cheyenne S. Ickes October 24, 1999 February 13, 1995 Mother Mother 2. A custody conciliation conference was held on November 15, 2005, with the following individuals in attendance: The Father, Daniel R. Ickes, with his counsel, Linda A. Clotfelter, Esquire, and the Mother, Amy M. Ewing, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. I\.)~ (f Jnor Date - , D'~~ Custody Conciliator