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HomeMy WebLinkAbout94-03973 ~ ~ .- 3 ] cJ 3 ( I I ~l ~ F rrJ c- O"" N) . o Z CINDY L. WICKARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94 - jt} 'lJ CIVIL TERM JOHN C. WICKARD, Defendant PROTECTION FROM ABUSE AND CUSTODY Tt:MP,oRhRY PROTECTIVj;oRPeR AND NOW, this leu.. day of ~, 1994, upon presentation and consideration of the wi thin Peti tion, and upon finding that the plaintiff, CINDY L. WICKARD, now residing at 416 Mumper Lane, Dillsburg, York County. Pennsylvania, is in immediate and present danger of abuse from the defendant, JOHN C. WICKARD, the following Temporary Order is entered. The defendant, JOHN C, WICKARD, now residing at 1722A Walnut Bottom Road, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, CINDY L, WICKARD, or placing her in fear of abuse. The defendant is enjoined from damaging or destroying any property owned jointlY by the parties or owned solely by the plainti ff, The defendant is ordered to refrain from harassing or stalking the plaintiff, and harassing the plaintiff's relatives or minor children. The defendant is ordered to stay away from the residence located at 416 Mumper Lane, Dillsburg, Pennsylvania, or any other j'Jl l,j iJ \JI,I '9'1 \,;.l 1 residence the plaintiff may establish for herself In the future, except to facilitate custody, when the defendant will pick up and drop off the child, outside of the residence, The defendan t is hereby no I if i od I ha t if he resi des in the plaintiff's domicile contrary to this Ordor, he may be In Indirect criminal contempt which Is punishable by a fino not to exceed $1,000.00 and/or by a sentence of up to six months in jail and any other appropriate punishment. Resumption of co-residence on the part of the plaintl ff and defendant shall not null i fy the provisions of the Court Order directing the defendant to refrain from abusing the plaintiff. Temporary custody of ERICA M, WICKARD 16 hereby awarded to the plaintiff, CINDY L. WICKARD. This Order shall remain in effect until a final order is entered in this case. A hearing shall be held on this matter on the .2-1~ day O_f ~, 1994, at q..~O a .m. in Courtroom No.~, Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff may proceed In forma Pauperis pending a further order after the hearing. The Cumberland County Sheriff's office shall attempt to make service at the plaintiff's request, but service may be accomplished under any applicable rule of Civil Procedure, The Pennsylvania State Police Department and the Dillsburg Police Department will be provided with a copy of this Order by attorneys for the plaintiff. This Order shall be enforced by any law enforcement agenoy where a violation oocurs by arrest for indireot criminal oontempt without warrant upon probable oaUse that this Order has been violated, whether or not the violation is committed in the presenoe of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the Order, When that court is unavailable, the d 11 be taken before the appropriate district 66113). J. CINDY L. WICKARD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, NO. 94 - CIVIL TERM JOHN C. WICKARD, Defendant PROTECTION FROM ABUSE AND CUSTODY NonCE You have been sued In court. If you wish to defend against the claims set forth In the followlng pages, you must take actlon promptly after thls Petitlon, Order and Notlce are served, by appearing personally or by attorney at the hearlng scheduled by the Court and presentlng to the Court your defenses or objectlons to the c1alms set forth agalnst you. You are warned that lf you fall to do so the Court may proceed wlthout you, and a jUdgment may ba entered agalnst you by the Court wl thout further notlce for any money c1almed ln the Petitlon or for any other c1alm or re11ef requested by the p1alntlff. You may lose money or property or other rlghts lmportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 CINDY L. WICKARD Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 94 - CIVIL TERM JOHN C. WICKARD. Defendant PROTECTION FROM ABUSE AND CUSTODY P~IITION FOR PROTECTIVE ORDER AND CUSTODY R~I.I~FpUND~A THE PAOTECTIONFROM ABUS~ ACT ~3 P.S. SECTION 6101 A. ABUSE 1. The plaintiff is an adult indiVidual whose permanent address is 1722A Walnut Bottom Road. Carlisle, Cumberland County, Pennsylvania. 17013. 2. The defendant Is an adult individual residing at 1722A Walnut Bottom Road. Carlisle. Cumberland County. Pennsylvania, 17013. 3. The defendant is the plaintiff's husband. 4. Since August. 1992. the defendant has attempted to cause and has Intentionally. knowingly, or recklessly caused bodlly injury. and by physical menace has placed the plaintiff in fear of Imminent serious bodily injury, This has included but Is not limited to the followfng specific instances of abuse: a. On or about July 4, 1994. the plaintiff was lying in bed when the defendant became angry with her and threw himself directly on the plafntiff, pushing her onto tho floor and causing her to twist her back, hit her hip, and scrape her elbow. The plaintiff call ed the poll ce lmmed la te 1 y, but the defendant 1 eft the home before the police arrived, As a result of the defendant's abuse, the plaintiff suffered back pain, lacerations and brush burns. b. On or about June 26, 1994, while driving home the defendant became angry with the plaintiff and begen screaming at her. The p1alnt1ff, In an attempt to block out his screams, put her fingers In her ears. The defendant reached over and slapped the p1alnt1ff's left arm down, but the plaintiff replaced her fingers. When they reached a stoplight the defendant grabbed both of the p1alnt1ff's arms, crossing them In front of her so she couldn't move, and pulled her down so that the upper portion of her body was lying across the arm rest, The defendant shook the plaintiff, threatened her, demanding, "You will talk to me." c. On or abou t Apr 11 1993, t he defendant became angry wi th the p1alnt1ff while the plaintiff was attempting to remove the chlld's car seat from the car. The defendant backed up the car while the plaintiff was standing between the open passenger side door and the car causing the plaintiff to twist her ankle In an attempt to get out of the path of the mOVing car. As a result of the defendant's abuse the plaint 1 ff received medical treatment from her physician. d. On or about March, 1993, when the plaintiff was apprOXimately eight months pregnant, the defendant became angry with the plaintiff and slapped her across her cheek, causing welts. e. In addl t Ion to the above Instances of abuse, the defendant has abused the plaintiff In ways Inoludlng grabbing the plaintiff by her arms. oausing bruises. pushing the plaintiff into a table. oausing bruising about her upper thigh, and pushing the plaintiff about her body oausing bruises. In addition. the defendant has frightened the plaintiff and attempted to ls01ate her by pUlling the phones from the wall and unplugging the spark plugs from the plaintiff's oar. 5. On or about July 6, 1994. the plaintiff and her two children left their residence at 1772A Walnut Bottom Road. Carlisle. Cumberland County, Pennsylvania. In order to avoid further abuse. 6. The plaintiff believes and therefore avers that she will be in immediate and present danger of abuse from the defendant should she return to the home with her children and that she is in need of protection from such abuse. 7. The p1alnt I ff desi res that the defendant be ordered to stay away from the residence located at 416 Mumper Lane, Dlllsburg. Pennsylvania, or any other residence the plaintiff may establish for herself in the future. oxcept to facilitate custody, when the defendant will pick up and drop off the child, outside of the residence. 8. The plaintiff desi res that the defendant be restrained from harassing or stalking the plaintiff, and harassing the plaintiff's relatives or minor children, B. TEMPORARY CUSTODY 9. The plalntlff seeks temporary custody of the follOWing child: NllmQ ERICA M. WICKARD prpaQnt Rp1l1dQncp 416 Mumper Lane Dillsburg, PA AOQ 1 year old The child was not born out of wedlock. The child is presently in the custody of CINDY L. WICKARD who currently resides at 416 Mumper Lane, Dillsburg, Pennsylvania. During the child's lifetime the child has resided with the following persons and at the following addresses: Namp AddressQs OA1!Ui 4/93 to 9/93 Plaintiff. Benjamin 416 Mumper Lane J. Cassel Dillsburo, PA (plaintiff's minor son), Doris and Gary Cassel (plainti f f' s parents) Plaintiff, defendant 1722A Walnut Bottom Road and Benjamin J. Carlisle, PA Cassel Plaintiff, Doris and 416 Mumper Lane 2 weeks during Gary Cassel and Dillsburg, PA 12/93 Benjamin J. Cassel 9/93 to 12/93 Plaintiff, Defendant 1722A Walnut Bottom Road 12/93 to and Benjamin J. Carlisle, PA 7/6/94 Cassel Plaintiff, Doris and 416 Mumper Lane 7/6/04 to Gary Cassel and Dillsburg present Benjamin J. Cassel The mother of the child is CINDY L. WICKARD, currently residing at 416 Mumper Lane, Dillsburg, Pennsylvania. She is married. The father of the child is JOHN C. WICKARD, currently residing at 1722A Walnut Bottom Road, Carlisle, Pennsylvania. He is married. The plaintiff currently resides with the following persons: Name RelAtionship Doris Cassel Mother Gary Cassel Father Benjamin J. Cassel Minor Son Erica M. Wickard Minor Daughter Gary E. Cassel, II Brother The defendant currently resides alone. 10. The plaintiff has not preViously partioipated in any litigation ooncerning oustody of the above mentioned ohild in this or any other Court, 11. The plaintiff has no knowledge of any custody proceedings concerning this ohild pending before a court in this or any other j u r i sd i c t ion. 12. The plaintiff does not know of any person not a party to this action who has physical custody of the child or olaims to have oustody or visitation rights with respect to the child. 13. The best interests and permanent welfare of the child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for the following reasons: a. The plaintiff i8 a fit parent who can best take care of her ohild. b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the ohild. C. SUPPORT 14. The defendant has a duty to support tho plaint Iff and their minor child. 15. The defendant works at Leer Electric, Inc., and hu annual salary In excess of $24,000, 16. The plaintiff currently has no income. 17. The plaintiff Intends to petition for support within two weeks of the Issuance of a protective order. D. ATTORNEY FEES 18. The plaintiff asks for attorney foos. payablo to Legal Services, Inc.. pursuant to the Protection from AbuBO Act, E, STATUS TO PROCEED IN FORMA PAUPERIS 19. The plaintiff does not have funds avallablo to pay tho fees for filing and service. WHEREFORE. pursuant to the provisIons of tho "protootlon from Abuse Act" of October 7. 1976, 23 P.B. 66101 01 spq.. as amonded, the plaintiff prays this Honorablo Court to grant the follOWing relief: A, Grant a Temporary Order pursuant to tho "Protootlon from Abuse Act:" 1. ReqUiring the defendant to rofratn from abu81ng the plaintiff or placing her In foal' of abuBo. 2. Roquirlng that tho defondant bo r08tratnod from harassing or stalking tho plaintiff, and harassing the plalntlff's relativos or minor chlldron. 3. Grent Ing tomporary custody of tho minor I:hild to tho plaintiff. 4. ordering the defendant to stay away from the residence located at 416 Mumper Lane, Dillsburg, Pennsylvania, or any residence the plaintiff may establish for herself in the future, except to facilitate custody, when the defendant will pick up and drop off the child, outside of the residence. B. Schedule a hearing in accordance with the provisions of the .Protection from Abuse Act,. and, after such hearing, enter an order to be in effect for a period of one year: 1. Requiring the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Requiring that the defendant be restrained from harassing or stalking the plaintiff, and harassing the plaintiff's relatives or minor children. 3. Ordering the defendant to stay away from the res i dence 1 oca ted at 416 Mumper Lane, Di 11 sburg, Pennsyl vani a, or any other residence the plaintiff may establish for herself in the future, except to facilitate custody, when the defendant will pick up and drop off the child, outside of the residence. 4. Granting support to the plaintiff in the amount of $220.00 per week, payable by mail. 5. Ordering the defendant to pay all costs of filing and service of this lawsuit and attorney fees. The plaintiff further asks that this Petition be filed and served wi thout payment of COGts, pending a further order at the hearing, and that a copy of this Petition and Order be delivered to the Pennsylvania State Police Department and the DIllaburg Police Department a8 the Pollee Departments with jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CUltLQD.LUtfD.!;R. f'!;NNSnVANIA CUSTODY LAW 20. The allegations of Count I above are Incorporated herein as if fully set forth. 21. The best interests and permanent wel faro of the child will be served by confirming custodY In tho plaintiff aa sot forth In Paragraph 13 of the Petition. WHEREFORE, pursuant to 23 P,S. 66301 el lIuq., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaintiff prays for such olher rollof a8 may be just and proper. Respoctfully sUbmilled, It. If) ,.-~-I I ~(t-f._' an Caroy llorney for Pl~f LEGAL SERVICES, INC. a Irvine Row Carllale, PA 17013 (717) 243-0400 The above-named Plaintiff, CINDY L. WICKARD, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subjeot to the penalties of 18 Pa. C.S. 64904. relating to unsworn falsification to authorities. Date: _'11 r~J!L'7___ . _1!~y..d~1AJ K kc.)1f{ CIND~. WICKARD, Plaintiff ,....,." ;'j , "~""'l 1 -,-,'~, ' ,"-"'_A"~-"="'--^'" . __"""<,~"",,,,,.,_,,,,__~,,_-,,,,,,,~,,""*"~__~:rilN_""""""'~~ Au ~. 'J5,ot> . , II' p .-': ,'~t -;;.' I:' '.f j._"t 'i~1 I' ' L~' l\~ .~-, r:, !--", ; ~ .' .. i 'l fP , , , \ I , '":i'~' r" , '~"'''''-''-''''''''''........''",'''-''''' " ..,. ... ,'. .,......-..................,.....,.,.~f..- SlmRIFF I S RE'ItJRN CCM>lClNWEAI1I11 OF PENNSYLVANIA I COUN'l'Y OF CLMI3ERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 3973 Civil Term 1994 Temporary Protective Order Protection From Abuse and Custod Cindy L. Wickard VS John C. Wickard WIlliam Diehl , SOOtiU>oo<Deputy Sheriff of Cunberland COWlty, Pennsylv/lllia, who being duly s\\\Jrn according to law, says, that he served the within Temporary Protective Order Protection From, Abuse and Custody , upon John C. Wickard , the defendant, at 5: 05 o'clock P .M. ~ I EDST, on the 20 day of July , 19..2!at l722A Walnut Bottom Road, Carlisle , C\Jnberl/llld County, Pennsylvania, by handing to John C. Wickard a true and attested copy of the Temporary Protective Order protection Frol11 Abuse and Custody and at the sarro time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's COStSI Docketing Service Affidavit Surcharge 14.00 2.80 16.80 ~~~~~ R. Thanas Kline, Sheriff Sworn and subscribed to before 100 this olJ ,'4l day of .5~+=- 19-..9L- A.D. '~hU- 0. }I4I'i., '7 (4-"') , Prothonotary b~ -&:; ~fj~ va. IN TilE COUIlT OF COMMON PLEAS OF CUMHEIlLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 3973 CIVIL TERH JOliN C. WICKARD, Defendant PROTECTION FROM ABUSE AND cUS'rODY AND NOW, thiB ORDER FOR CONTINUANCE ,- ~, day of July, 1994, upon conaideration of the plaintiff's Hotion for Continuance, the hearing acheduled for July 22, 1994, at 9:30 a,m. in Courtroom No.2, ia generally continued to afford the partiea time to execute a Conaent Agreement. Thia Order ia entered without prejudice to either party to requeat a hearing. The Temporary Protective Order will remain in effect for a period of one year or until ft final Order is entered in this csse. A copy of this Order for Continuance will be provided to the Pennsylvania State Police Department and the Dillsburg Police Department by the attorneys for the Edgar B. ., JUt zs I 35 PH '9~ , ,,' ,'ft I~l Uf ~t.l' j, rIIQ~',1~~~ cltt~Iif:l'-Lt.~tJ C,':tHV r'lhhf" It" 1,11,\ _.:, . . CINDY L, WICKARD, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYINANIA CIVIL ACTION - LAW NO. 94 - 3973 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY vs, JOliN C, IHCKARD, Defendant MOTION FOR CONTINUANCE The plaintiff moves the Court for an Order continuins the hearins of this case until further Order of the Court, on the srounds that: 1. A Temporary Protective Order was issued by this Court on July lB, 1994, scheduling a hearing for July 22,1994, at 9:30 a.m. 2. The parties request that the hearing be generally continued to afford them time to execute a Consent Agreement. 3. The parties understand that the Order for Continuance is entered without prejudice to request a hearing. 4. The plaintiff requests that the Temporary Protective Order remain In effect pending further Order of Court. 6. A copy of the Order for Continuance will be delivered to the Mid Cumberland Valley Police Department by attorney for the plaintiff. WHEREFORE, the plaintiff moves the Court to grant the ~ plaintiff's Hotion. and to oontinue this matter until further Order of Court. Respeotfully submitted, -I ~,--< Oarey, ttorney for Plain ff LEOAL SERVICES. INC. a Irvine Row Oarlisle, PA 17013 (717) 243-9400 ~ l "',, ., ;"ii<';;'^':'":)",,:C;;\,,~,,c~"', r1" ", ""'I,'; } ''', ~,.,....,;jj;i..;"",...",,\V~W~'M,~~~l#I4i<Nf);;lW " @ II " ~'-t'l!' 0.' ("~,,:", t, il~') .J.l ,If+~ +i , i r ' 1"7 ;.~ t-* I' " - :t.~ !t" .j OJ. , '" t. >- {,~ to' r {y; ~J" \: '"''OJ 'I -1--..' _ j' ~ . c ."",-_.,~~ '~J1 ~J4, t"..~ -,-'1'-~""~'" , i ....,.'~ , ""1'- t I . I \ I I *' . " l' " ." j . f ~ " ~ , , J . " , '. \" , l'~": ! ..ioJ, i~2~,-"(1I': _'!- '_< CINDY L. WICKARD. Plalnlill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACTION - LAW JOHN C, WICKARD, Defendant NO. 94 - 3973 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY PROTECTIVE ORDER AND NOW, this ~ day of August, 1994, upon consideration of the Consent Agreement of Ihe parties, the following Order Is entered: 1. The defendant, JOHN C, WICKARD, Is enjoined from physically abusing the plaintiff, CINDY L, WICKARD, or from placing her In fear of abuse. 2. The defendant Is enjoined from harassing or stalking the plaintiff and the plaintiff's relatives or minor children, 3. The defendant Is enjOined from damaging or destroying any property owned jointly by the parties or owned solely by the plaintiff. 4. The defendant Is ordered to stay away from the residence localed at 416 Mumper Lane, DIllsburg, Pennsylvania, or any other residence the plaintiff may establish for herself In the future, except 10 facilitate cuslody, when the defendanl will pick up and drop off the child, outside the residence. The defendant is hereby nolified Ihat If he resides In Ihe plaintiff's domicile contrary to this Order, he may be in indirect orlmlnal contempt which Is punishable by a fine not to exoeed $1,000 and/or by a sentence of up to six months In jail and any other appropriate punishment, Consent of the plaintiff to the defendant's resumption of residence with the plaintiff shall not invalidate this Order, The defendant shall seek modification (change) of this Order before resuming residence in the plaintiff's domicile. The defendant shall seek modification (change) of this Order before living with the plaintiff in a domicile she may establish for herself in the future, wherever it may be. 5. The defendant is ordered to pay support to the plaintiff in the amount of $50.00 per week, payable by mail. until an Order is entered by the Domestic Relations Office, 6. This Order shall remain in effect for a period of one year. 7. The Pennsylvania State Police and the Dillsburg Police Department will be provided with a copy of this Order by attorneys for plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall not be taken to jail but shall be taken without unnecessary delay before the Court that issued the Order. When that Court is unavailable, the defendant shall be arraigned before a district justice who shall set bail according to the prOVisions of Chapter 1 ;j i CUSTODY ORDER AND NOW, this ~ day of August, 1994, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' child, ERICA M. WICKARD. 1. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the child. 2. The mother will have primary physical custody of the child. 3, The father will have partial physical custody of the child according to the following schedule: every other weekend from 6:00p.m. on Friday to 6:00p.m. on Sunday and one additional weeknight every week, to be arranged by mutual agreement of the parties. 4, The mother and father will alternate the following holidays: Memorial Day, Labor Day, and the Fourth of July, 5. The mother and father will alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from Christmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. 6. The mother and father will share the following holidays: Easter and Thanksgiving. 7. The father will have the right to see the child on her birthday. at a time to be mutually agreed upon by the mother and father. 8. The father will have additional periods of partial custody during the summer, at times to be mutually agreed upon by the mother and father. 9. The defendant's custody rights are contingent on him taking all medications prescribed to him, according to the medications' directions and according to the defendant's physician. 10. The mother and father, by mutual agreement, may vary from this schedule at any time, but this Order shall remain in effect until either party petitions to have it changed. 11. The mother and father will notify the other of all medical care the child receives while in that parent's care. Each parent will notify the other immediately of medical emergencies which arise while the child is in that parent's care. 12. Neither party shall do anything which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free ,lUG 8 1/ 30 AN '9~ , ". '';1 flo/: 'u '. Inllm~01Aht h "'ll4\11 C("'U!/yt , ,i/Hi.\'';lIA destroying any property owned jointly by the parties or owned solely by the plaintiff. 6. The defendant agrees to pay support to the plaintiff in the amount of $60.00 per week, payable by mail, until an Order is entered from the Domestic Relations Office. 6. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 7. The defendant understands that the Protective Order entered in this matter shall be in effect for a period of one year. 8. The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protective Order entered in this case. 9. The defendant and the plaintiff agree to the entry of an Order providing for the following custody schedule for their child, ERICA M. WICKARD: a. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, will share legal custody of the child. b. The mother will have primary physical custody of the child. c. The father will have partial physical custody of the child according to the following schedule: every other weekend from 6:00p.m. on Friday to 6:00p.m, on Sunday and one additional weeknight every week, to be arranged by mutual agreement of the parties. d. The mother and father will alternate the following holidaye: Memorial Day, Labor Day, and the Fourth of July. e. The mother and father will alternate Christmas Eve and Christmas Day each year, one parent having the child on Christmas Eve until Christmas Day at 10:00 a.m. and the other parent having the child from ~nristmas Day at 10:00 a.m. until Christmas Day at 8:00 p.m. e. The mother and father will share the following holidays: Easter and Thanksgiving. f. The father will have the right to see the child on her birthday, at a time to be mutually agreed upon by the mother and father. g. The father will have additional periods of partial custody d~ring the summer, at times to be mutually agreed upon by the mother and father. h. The defendant understands that his custody righte are contingent on him taking all medications prescribed to him, according to the medications' directions and according to the defendant's physician. 10. The mother and father, by mutual agreement, may vary from this scheduls at any time, but the Order shall remain in effect until either party pstitions to have it changed. 11. The mother and father agree that each will notify the other of all medical care the child receives while in that parent's care, Each parent will notify the other immsdiately of medical emergencies which arise while the child is in that ,.~c-;.. _ ,'. ,. . , ; -,-:'~ ....: J; r ,~ :r. ITl (;, ,r .~ " II": t~ ! , , ... il'. .... 'J Ii, _1~ 1:: <'l -0 -r:; ,., ., ,f~ n ., T " t1> L " ''', t7' ii, .~ ~ rll ;1 11 .' .l , i_~;_ i:' <" " '.' \. I, '.') .. t.. '1' ii , " <r " 1'; I ,-" :; ';f- '- ii _"" .,';;~l;:AiC . @ " " .~ 0, ~j " ,. , .. I' II ',~ ' '" L .. f"!, ,,~ .. , " j' ... . 'r~ , :.I !.." , tl r' . J '" . , I' , t ',_. ,~', . \ ,,'~ tv'; I. , :\"1 I,~ . ~ " ,--. ~ ; , )\ I . .. I if . t,J I . . .' i i ! .' . . ;,:~t'}~-, " f" i