Loading...
HomeMy WebLinkAbout02-4579HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- #? rR CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Heather A. Wickard, (hereinafter, "Mother") an adult individual currently residing at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Timmy L. Wickard, (hereinafter, "Father"), an adult individual currently residing at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the following children: (a) Andrew Scott Wickard, born July 9, 1991, age 11 years (b) Caitlin Nicole Wickard, born June 22, 1996, age 6 years 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Heather Wickard 5 Robin Drive May 3, 2002 to Carlisle, PA present Heather Wickard 692 S. Middlesex Road 1997 to Timmy Wickard Carlisle, PA May 3, 2002 6. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 7. The natural Father of the children is the Defendant, who resides as foresaid. He is married. 8. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides alone. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Heather A. Wickard, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: SEP 2 3 2002 (-ZLD-V omas S. Diehl, Esqui Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. L HEATHER A. WICKARD, Plaintiff I hereby certify this 23`d foregoing docum day of September 2002 ent was served on the , that a true and folio correct copy of the wing individual via first class mail, postage prePaid: David A. Baric, Attorney for Defenda quire O'Brien, Baric & hrerndent 17 West e South Street Carlisle, PA 17013 By erly L. H ugh Legal Assistant I?j DC? t i=?1'fl -4 ttl ? HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ys 79 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF The Petitioner is Plaintiff, Heather A. Wickard, (hereinafter, "Mother") an adult individual currently residing at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Defendant, Timmy L. Wickard, (hereinafter, "Father"), an adult individual currently residing at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the following children: (a) Andrew Scott Wickard, born July 9, 1991, age I 1 years (b) Caitlin Nicole Wickard, born June 22, 1996, age 6 years 4. The parties are not currently subject to an order of court regarding the custody and care of their children. Contemporaneously with filing this petition, Mother has filed a Complaint in Custody with the office of the Prothonotary that is attached hereto as "Exhibit A". 5. The reasons for which Mother requests emergency relief are as follows: (a) Mother moved out of the marital residence located at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania on or about May 3, 2002. (b) When Mother moved from the residence, she took the parties' children with her. (c) Since Mother left the residence, the parties have shared physical custody of the child such that Mother has maintained primary physical custody of the children with Father enjoying partial physical custody of the children on alternating weekends, and during some weekday evenings. (d) On or about August 25, 2002 Mother filed for child support through the Cumberland County Domestic Relations Office. (e) On Friday, September 20, 2002, Father picked up the children for the purpose of exercising his weekend of partial physical. (f) On Sunday, September 22, 2002, Father informed Mother that he would not be returning the children into her custody, nor would he permit her direct contact with the children. 6. Father is represented by David A. Baric, Esquire, and Mother by Thomas S. Diehl, Esquire. 7. Mother requests an Order of Court granting the following relief: (a) Immediately returning the children back into Mother's custody; AND (b) Establishing a temporary Custody Order pending conciliation in this matter consistent with the status quo, i.e. primary physical custody of children to Mother with periods of partial physical custody to Father on alternating weekends as well as three weekday evenings per week. WHEREFORE, the Petitioner/Plaintiff, Heather A. Wickard, respectfully requests this Honorable Court to enter an Order immediately returning the children into the primary physical custody of Mother, and to issue a rule upon the Respondent/Defendant to show cause why other relief should not be granted. Date: SEr 2 3 7007 Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. HEATHER A. WICKARD, Plaintiff EXHIBIT A HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of attached Petition it is hereby directed that the parties _, Pennsylvania, on the day of , 2002 upon consideration of the and their respective counsel appear before Esquire, the conciliator, at , 2002, at o'clock _.m. 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 be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE By: CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Heather A. Wickard, (hereinafter, "Mother") an adult individual currently residing at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Timmy L. Wickard, (hereinafter, "Father"), an adult individual currently residing at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the following children: (a) Andrew Scott Wickard, born July 9, 1991, age 11 years (b) Caitlin Nicole Wickard, born June 22, 1996, age 6 years 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAME ADDRF44 DATES Heather Wickard 5 Robin Drive May 3, 2002 to Carlisle, PA present Heather Wickard 692 S. Middlesex Road 1997 to Timmy Wickard Carlisle, PA May 3, 2002 6. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 7. The natural Father of the children is the Defendant, who resides as foresaid. He is married. 8. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides alone. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Heather A. Wickard, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: SEP 2 3 2002 Zjov omas S. Diehl, Esqui Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. HEATHER A. W CERTIFICATE OF SERVICE I hereby certify this 23rd day of September 2002, that a true and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: David A. Baric, Esquire Attorney for Defendant/Respondent O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 BY ?- K berly L. Hong Legal Assistant y 243 rv HEATHER A. WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4579 CIVIL ACTION LAW TIMMY L. WICKARD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 25 2002 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney Esa at 4th Floor, Cumberland Count Courthouse Carlisle the conciliator, on Thursday, October 17, 2002 at 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. 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 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/ Tacqueline M V rnev aq V 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 urvn'ven?xsuN3?c?, 6u :9 kly te dis 00 hFi71C,,,vr .,? 3;`LLC HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- y3 79 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF 1. The Petitioner is Plaintiff, Heather A. Wickard, (hereinafter, "Mother") an adult individual currently residing at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Defendant, Timmy L. Wickard, (hereinafter, "Father"), an adult individual currently residing at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the following children: (a) Andrew Scott Wickard, born July 9, 1991, age 11 years (b) Caitlin Nicole Wickard, born June 22, 1996, age 6 years 4. The parties are not currently subject to an order of court regarding the custody and care of their children. Contemporaneously with filing this petition, Mother has filed a Complaint in Custody with the office of the Prothonotary that is attached hereto as "Exhibit A". 5. The reasons for which Mother requests emergency relief are as follows: (a) Mother moved out of the marital residence located at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania on or about May 3, 2002. (b) When Mother moved from the residence, she took the parties' children with her. (c) Since Mother left the residence, the parties have shared physical custody of the child such that Mother has maintained primary physical custody of the children with Father enjoying partial physical custody of the children on alternating weekends, and during some weekday evenings. (d) On or about August 25, 2002 Mother filed for child support through the Cumberland County Domestic Relations Office. (e) On Friday, September 20, 2002, Father picked up the children for the purpose of exercising his weekend of partial physical. (fl On Sunday, September 22, 2002, Father informed Mother that he would not be returning the children into her custody, nor would he permit her direct contact with the children. 6. Father is represented by David A. Baric, Esquire, and Mother by Thomas S. Diehl, Esquire. 7. Mother requests an Order of Court granting the following relief: (a) Immediately returning the children back into Mother's custody; AND (b) Establishing a temporary Custody Order pending conciliation in this matter consistent with the status quo, i.e. primary physical custody of children to Mother with periods of partial physical custody to Father on alternating weekends as well as three weekday evenings per week. WHEREFORE, the Petitioner/Plaintiff, Heather A. Wickard, respectfully requests this Honorable Court to enter an Order immediately returning the children into the primary physical custody of Mother, and to issue a rule upon the Respondent/Defendant to show cause why other relief should not be granted. _ Date: SEP 93 7007 Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. HEATHER A. WICKARD, Plaintiff EXHIBIT A HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2002 upon consideration of the attached Petition it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at Pennsylvania, on the day of 2002, at o'clock m. 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 be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff, Heather A. Wickard, (hereinafter, "Mother") an adult individual currently residing at 5 Robin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Timmy L. Wickard, (hereinafter, "Father"), an adult individual currently residing at 692 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of the following children: (a) Andrew Scott Wickard, born July 9, 1991, age 11 years (b) Caitlin Nicole Wickard, born June 22, 1996, age 6 years 4. The children were born in wedlock. 5. For the past five years, the children have resided with the following persons at the following addresses for the following lengths of time: NAME ADDRESS DATES Heather Wickard 5 Robin Drive May 3, 2002 to Carlisle, PA present Heather Wickard 692 S. Middlesex Road 1997 to Timmy Wickard Carlisle, PA May 3, 2002 6. The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 7. The natural Father of the children is the Defendant, who resides as foresaid. He is married. 8. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides alone. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with the children. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Heather A. Wickard, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Respectfully submitted, Date: SEP 2 3 2002 `liiomas S. Diehl, Esqu$e Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. AHEA A. WICKARD, Plaintiff CERTIFICATE OF SERVICE I hereby certify this 23`d day of September 2002, that a true and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: David A. Baric, Esquire Attorney for Defendant/Respondent O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 By - K' berly L. H ug Legal Assistant 0 ,2 a N .14 z? ? c`rc C- rn HEATHER A. WICKARD, Plaintiff/Petitioner V. TIMMY L. WICKARD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-yX-7,y CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this A??j day of 2002 u 1991; and Caul;,, Nicol-?ickard, boom aurae 22,1096- be : .-.auto, , F@4wRoa into tho pr-i re the Court on the day of 2002, at o'clock m. in Court Room number of the Cumberland County Courthouse. BY THE COURT: J. 6t VNVA SNN3d uNnoo, omen R- gwno ? 5 :01 Wn 9 z d35 zo flzlo o ??L? ?CKJ?lI3 HEATHER A. WICKARD, Plaintiff V. TIMMY L. WICKARD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4579 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 27th day of September, 2002, based upon conference with counsel, and having heard the offer of proof, and being satisfied that there is no overriding reason to change the status quo as it existed prior to last weekend, we enter the following Temporary Order: Mother shall have primary physical custody of the Children, subject to partial physical custody in Father as follows: 1. Every evening after school until 7:00 p.m. 2. Every other weekend from after school on Friday until 7:00 p.m. on Sunday. Said alternating weekends to commence on Friday, October 4, 2002. 3. Such other times as the parties may agree upon. This matter should proceed through the conciliation process, and a conciliation should be scheduled at the earliest practical date. Thomas S. Diehl, Esquire Attorney for Plaintiff By the , Edward E. Guido, J. srs AT4," David A. Baric, Esquire Attorney for Defendant /D-O.L-O L 4- L 7 "' 7 Lbs Lij L - f T7 CZ) C\i :D V CZ) V 0 OCT 2 8 2001 V HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 2002-4579 CIVIL TERM TIMMY L. WICKARD, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3 (AT day of U 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1, The Mother, Heather A. Wickard, and the Father, Timmy L. Wickard, shall have shared legal custody of Andrew Scott Wickard, born July 9, 1991 and Caitlin Nicole Wickard, born June 22, 1996. 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. 2. Mother, Heather A. Wickard, shall have primary physical custody of the Children. 3. Father shall have periods of partial physical custody as follows: A. Beginning Thursday, October 30, 2002, from after school, to Monday when Father shall assure that the Children get to school and continuing on an alternating weekend schedule thereafter. B. Every Monday, Wednesday and Friday after school until 7:00 p.m. 4. Thanksgiving shall be shared such that Father shall always have physical custody of the Children from 9:00 a.m. to 11:00 p.m. Mother shall have the Children the remainder of Thanksgiving. 5. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 10:00 a.m. Block B shall be from Christmas Day at 10:00 a.m. to December 26 atl2:00 noon. Father shall have Block A in 2002 and Mother shall have Block B in 2002. 6. Father shall have physical custody of the Children New Year's Eve from 5:00 p.m. to 10:00 a.m. which shall be alternated thereafter from year to year. 7. 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. 8. Another Conciliation Conference is scheduled for January 15, 2003 at 8:30 a.m. cc: Thomas S. Diehl, Esquire, Counsel for Mothers David A. Baric, Esquire, Counsel for Father 14 !D- ,3J-002 Edward E. Guido, 1 C t ;AI 6 ? :7 EIc° 1 v iju HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V :2002-4579 CIVIL TERM TIMMY L. WICKARD, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Scott Wickard July 9, 1991 Mother Caitlin Nicole Wickard June 22, 1996 Mother 2. A Conciliation Conference was held in this matter on October 25, 2002, with the following individuals in attendance: Mother, Heather A. Wickard, with her counsel, Thomas S. Diehl, Esquire and Father, Timmy L. Wickard, with his counsel, David A. Baric, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated September 27, 2002 in response to Mother's Petition for Emergency Relief. Following a conference with counsel, Mother was awarded primary physical custody with Father having partial physical custody every evening after school until 7:00 p.m. and alternating weekends from Friday to Sunday. 3. The parties agreed to an Order in the form as attached. P ' -?7 -0 ;?- Date icq=ilne M. Verney, Esquire Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT TIMMY L. WICKARD, Plaintiff VS. HEATHER A. WICKARD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :2002-4579 CIVIL TERM : IN CUSTODY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of THOMAS S. DIEHL, ESQUIRE, as attorney of record for the defendant in this matter. January ?0 , 2003 THOMAS S. DIEHL, ESQUIRE 1 WEST HIGH STREET SUITE 208 Carlisle, PA 17013 717-240-0833 Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant in this matter. January Z, 2003 cc: David A. Baric, Esquire NA? AN WOLF, E UIRE 35 ast igh Street Carlisle, A 1794'3 717-243-6090 SUPREME COURT ID #87380 (? t f-. \ ?` JAN 1 6 2003 ? HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TIMMY L. WICKARD, : NO. 2002-4579 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT q AND NOW, this 13 day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is sched led in Court Room No 1.? , of the Cumberland County Court House, on the day of /}?J ;&A , 2003, at Y ..30 o'clock,. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated October 31, 2002 shall remain in full force and effect except with the following amendments: 3. Paragraph 3A shall be amended to provide for Father to pick up the Children at 6:00 p.m. on alternating Thursdays instead of after school. 4. Paragraph 4 shall be amended to provide for Father to have the Children on Thanksgiving from 9:00 a.m. to 11:00 a.m. cc: Thomas S. Diehl, Esquire, counsel for Mother David A. Baric, Esquire, counsel for Father ?IIMiA??IS?IN?d E?:011'='7 f2Nlf'00 HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TIMMY L. WICKARD, : NO. 2002-4579 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Scott Wickard July 9, 1991 Mother Caitlin Nicole Wickard June 22, 1996 Mother 2. A Conciliation Conference was held January 15, 2003 with the following individuals in attendance: The Mother, Heather A. Wickard, with her counsel, Thomas S. Diehl, Esquire, and the Father, Timmy L. Wickard, with his counsel, David A. Baric, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on October 31, 2002 granting the parties shared legal custody, Mother primary physical custody with Father having periods of partial physical custody on alternating weekends from Thursday to Monday and every Monday, Wednesday and Friday from after school until 7:00 p.m. and a holiday schedule. 4. Father's position on custody is as follows: Father is seeking additional periods of physical custody amounting to a shared physical arrangement. Father claims Andrew's grades have gone down because of school absences which except when Father took the children to the shore during the first week of school, have occurred while Andrew was in Mother's custody. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekends. Mother asserts that Andrew's school absences have occurred as a result of illness. Mother claims the child's grades have gone done because of the disruption caused by Father's periods of custody. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court with minor corrections. It is expected that the Hearing will require one day. (-/6 -(-)3 Date cq line M. Verney, Esquire Custody Conciliator HEATHER A. WICKARD : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. TIMMY L. WICKARD NO. 2002-4579 CIVIL ORDER OF COURT AND NOW, this 3RD day of MARCH, 2003, the custody hearing scheduled for Friday, March 7, 2003, at 8:30 a.m. is rescheduled for WEDNESDAY, APRIL 2 2003, at 9:30 a +r+ in Courtroom # 5. Edward E. Guido, J. Nathan Wolf, Esquire For the Plaintiff David A. Baric, Esquire For the Defendant :sld j_j r. HEATHER A. WICKARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4579 CIVIL TERM TIMMY L. WICKARD, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of April, 2003, after hearing, all prior custody orders are vacated, and it is hereby ordered and directed as follows: 1. The Mother, Heather A. Wickard, and the Father, Timmy L. Wickard, shall have shared legal custody of Andrew Scott Wickard, born July 9, 1991, and Caitlin Nicole Wickard, born June 22, 1996. 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. 2. Mother, Heather A. Wickard, shall have primary physical custody of the Children. 3. Father shall have periods of partial custody as follows: A. On alternating weekends from Thursday at 6:00 p.m. until Monday morning at the start of school. It shall be Father's responsibility to get the Children to school. These weekends shall be timed so as to take place when Mother is working on Saturday. B. On the weeks in which he has overnight custody on Thursdays, Monday evenings from 4:30 p.m. until 7:00 p.m. C. On the weeks in which he does not have Thursday overnight custody, Tuesday and Thursday evenings from 4:30 p.m. until 7:00 p.m. D. At such other times as the parties may agree. E. Every summer from the day school let's out until August 1. Provided, however, that Mother shall be entitled to the following periods of custody: 1. Every other Tuesday from 4:30 p.m. until Wednesday at 8:00 p.m. to correspond with her Wednesday off work. 2. Every other weekend from Friday at 6:00 p.m. until Sunday at 8:00 p.m. to correspond with her Saturday off work. 3. Such other times as the parties may agree. 4. The following holiday schedule shall be in effect and shall supersede the other custodial arrangements set forth herein: A. Thanksgiving shall be shared such that Father shall always have physical custody of the Children from 9:00 a.m. until 11:00 a.m. Mother shall have the Children the remainder of Thanksgiving. B. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon until Christmas Day at 10:00 a.m. Block B shall be from Christmas Day at 10:00 a.m. until December 26 at 12:00 noon. Father shall have Block B in odd-numbered years and Block A in even-numbered years, and vice versa for Mother. C. Father shall have physical custody of the Children New Year's Eve from 5:00 p.m. until 10:00 a.m. New Years Day, which shall be alternated thereafter from year to year. 5. Neither party shall discuss this litigation, their divorce litigation, or the support litigation with or in front of the Children under any circumstances whatsoever. 6. Neither party shall denigrate the other in the presence of the Children. 7. Each party shall e-mail the other something nice about the Children each day that the Children are in their primary overnight custody. The other party shall respond. This shall occur at a minimum for the next 60 days, no less than three times per week. At the end of the next 60 days, the e-mails and responses shall be filed of record to this term and number so that I can review them in the event this matter ever comes before me again. This Court shall retain jurisdiction. Bv the Court.?---.._ Edward E. Guido, J. Nathan Wolf, Esquire Attorney for Plaintiff /David A. Baric, Esquire Attorney for Defendant srs .n ??N VO ?. f , Jo NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 97380 37 SOUTH HANOVER STREET, SUITE 701 CARLISLE PA 17013 (717) ?414AM ATTORNEY FOR PLAINTIFF Plaintiff VS. TIMMY L. WICKARD, Defendant : IN THE COURT OF COMMOS VANIA CUMBERLAND COUNTY, CIVIL ACTION -LAW 2002-4579 CIVIL TERM IN CUSTODY o?urarccloj TO RELOCATE .... - - AND NOW, comes the petitioner, Heather A. Wickard, by her attorney, Nathan C. Wolf, Esquire, and presents the following petition for a modification of custody, representing as follows: 1. The petitioner is Heather A. Wickard, an adult individual residing at 5 Robin Drive, South Middleton Township, Cumberland County, Pennsylvania. 2. The respondent is Timmy L. Wickard, anadult individual residing at 315 Juniper Street, Carlisle Borough, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) minor children born of their marriage namely. Andrew S. Wickard, age 13, bom July 9, 1991, and Caitlin N. Wickard, age 8, bom June 22, 1996. 4. The parties were separated on or about May 1, 2002. 5. The parties were divorced from marriage on July 13, 2004. 6. The children have been in the primary custody of their mother, the plaintiff in this matter, since this Court issued a custody order after hearing in this matter on April 2, 2003. 7. Said order of April 2, 2003, provided for the father ]raving partial physical custody of the children on alternating weekends from Thursdays at 6:00 o'clock p.m. until Monday morning at the start of school. Said weekends were timed to take place when Mother was working on Saturdays. 8. Father was also granted Monday evenings from 4:30 p.m until 7:00 p.m on weeks where he also had custody overnight on Thursdays. On the weeks where Father did not have custody of the children on the weekend, he would also have 4:30 p.m until 7:00 p.m on Tuesdays and Thursdays. 9 During the summers, Father had primary physical custody from the day that school recessed for the summer until August 1, and Mother was granted partial physical custody on alternating Tuesdays from 4:30 p.m. until 8:00 p.m. on Wednesdays to correspond with her Wednesdays off work. Every other weekend from Friday at 6:00 p.m. until Sunday at 8:00 p.m. to correspond with her Saturday off work. 10. The parties were granted shared custody on holidays pursuant to a schedule set forth by the Court. 11. Mother brings this petition to modify custody to seek court permission to relocate to Dover Township, York county with the children. 12. If permission is granted to Mother's petition the children would reside with Mother's boyfriend, Brian Speck, whom she has known for over two years and the children would be enrolled in Dover Area School District, Andrew would attend Dover Intermediate School and Caitlin would attend Lieb Elementary School. 13. The approximate travel time between Father's residence and Mother's proposed residence would be thirt}yfive minutes. 14. The children enjoy an excellent relationship with Brian Speck. 15. Mother has observed Mr. Speck with the children and believes that he is a positive role model in their lives and that he treats the children with can., and concern for their well-being. 16. The children understand that, if they moved they would have to go to new schools and that they would not see their friends as often. 17. Since the hearing in May of 2003, Mother has taken the children to counseling sessions to deal with the separation and divorce of their parents and other related issues, which has included Father as well. 18. However, Father has missed approximately one-half of the nearly twentrfive counseling sessions which have been conducted since May of 2003. 19. Father has repeatedly allowed the children to go to school without homework assignments being completed and has on multiple occasions refused to assist the children with their homework when asked. 20. On many occasions, Father would neglect to give Andrew his proscribed medication, which assists Andrew in maintain his concentration and in controlling his behavior in school. 21. On one such occasion when Father neglected to gave Andrew his medication, Andrew was involved in an incident with a teacher, which resulted in the teacher being injured and the involvement of the Pennsylvania State Police. 22. Charges were not filed against the child because of the child's remorse for his behavior, because of the lack of medication, and because of the child's behavioral condition. 23. Since the entry of the most recent custody order, Father and the parties' son, Andrew, have on repeated occasions gotten into heated arguments, including one situation where Father had referred to Mother as a "bitch" in front of the child, and when Andrew came to the verbal defense of his mother, and indicated that he wanted to call his mother on the telephone, Father became enraged and responded, "Go ahead and call your fucking mother" and he then threw the phone at his son, hitting son in the chest. 24. On or about May 17, 2004, Father took the children to his brother's wedding. Whfle at the wedding, both Father became so intoxicated that neither was able to safely operate a motor vehicle, and in fact, Father passed out. The children had to be taken home by their maternal grandfather because otherwise they would not have had an adult to transport them home. 25 During this time period, Mother has patiently worked to avoid conflict with Father and has attempted to reinforce the importance of a strong relationship between Father and the children. 26. Despite her efforts, the situation has not improved and the parties are still without a good working relationship with each other. 27. Fortunately, the parties have been able to eliminate their formerly frequent confrontations from occurring in front of the children. 28. If her petition is granted, Mother is willing to share custody of the children on holidays, and is willing to work with Father to permit him to have custody of the children on alternating weekends and for expanded periods of uninterrupted bairn during the summers. 29. Mother believes and therefore avers that she will be even better able to provide a stable and nurturing environment for the children if she is permitted to relocated. 30. A relocation would allow Mother to substantially improve the quality of life for the children both emotionally and economically. 31. Mother seeks the Court's permission to relocate for the betterment of herself, and to protect the best interests of the children. 32. Mothers motivation is solely for the benefit of the quality of life for herself and the children and is not designed to negatively impact the relationship between the children and their Father. 33. For these and other reasons which maybe developed at future proceedings in this matter, petitioner believes and therefor avers that the best interests and permanent welfare of the children require a modification of the current order so that the parties continue to share joint legal custody of the child, that Petitioner be permitted to relocate to Dover Township, York County, and that petitioner have primary physical custody of the children, subject to respondent's rights of partial custody periods of time to be specified by the Court. WHEREFORE, petitioner, Heather A. Wickard, respectfully requests that the Court issue an Order granting petitioner's request for permission to relocate to Dover Township, York County and to grant primary physical custody of the children. Dated: July cgl, 2004 athan C rolf, Esquire 37 So Hanover Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. July ?U 1 2004 Heather A. Wickard C._ N C:, c IT ?.,)',? 1 [.? L.? L `. G) 'j fTl -r) c. t 3.r°' is i??m 1 , =? cry w ? ?? W v V' HEATHER A. WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4579 CIVIL ACTION LAW TIMMY L. WICKARD DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday August 11, 2004 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Vernev Esq. at 4th Floor, Cumberland Count Courthouse Carlisle the conciliator, on Tuesday, August 24, 2004 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 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/ Tara: elineM , VerrUev. Fso mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Alt" ,", £h?c issi Zi ?iln'hGiiZ ],L G 7vi?ti? tI V?J??? AUG 2 4 2604 HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TIMMY L. WICKARD, : NO. 2002-4579 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Au 6 a- S It , 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Co Ro m No. , of the Cumberland County Court House, on the Z day of FJC7 -,21004, at // : O O o'clock,&. M., at which time testimony will be taken. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated April 2, 2003 shall remain in full force and effect. 1E COU Edward E. Guido, ccll? an C. Wolf, Esquire, counsel for Mother avid A. Baric, Esquire, counsel for Father V ?,pa 0 J. VNVA14NN3d J AW(m c 9i :E Nd L'Z SAV 4801 3o AUG 2 4 2004 HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TIMMY L. WICKARD, : NO. 2002-4579 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Scott Wickard July 9, 1991 Mother Caitlin Nicole Wickard June 22, 1996 Mother 2. A Conciliation Conference was held August 24, 2004 with the following individuals in attendance: Mother's counsel, Nathan C. Wolf, Esquire, and Father's counsel, David A. Baric, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court on April 2, 2003 granting the parties shared legal custody, Mother primary physical custody with Father having periods of partial physical custody on alternating weekends from Thursday to Monday and evenings during the week and a holiday schedule. 4. Mother filed a Petition for Modification of Custody and Permission to Relocate. Mother wishes to move to Dover, York County to move into her paramour's home. She will continue to work at the same job. She argues that her standard of living will increase since she will no longer have rent expense. She asserts that she has been advised by her landlord that her lease will not be renewed as of April 2005 due to expansion at the Carlisle Airport. She is willing to provide additional time to Father to make up for the evenings he will necessarily lose due to the greater distance. She does not believe the change in schools will adversely affect the children. If Father is awarded primary physical custody, the children would change schools from South Middleton School District to Carlisle School District. 5. Father's position on custody is as follows: Father objects to Mother's relocation request and requests primary physical custody if Mother does relocate. The children have lived in Cumberland County all of their lives. All of their friends are in this area. Their family doctor is here. Even if they need to change schools to Carlisle, they would still be close to all of their friends from school. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the prior Order of Court. It is expected that the Hearing will require one half day. $ - ay-ay ? A, Vc? Date cqu ine M. Verney, Esquire - Custody Conciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF HEATHER A. WICKARD Plaintiff V. TIMMY L. WICKARD, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND (AUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002-4579 CIVIL TERM IN CUSTODY MOTION FOR CONTINUAA CE NOW, comes the Plaintiff, Heather A. Wickard, by her attorney, Nathan C- Wolf, Esquire, and presents the following motion for continuance of hearing, representing as follows: 1. The petitioner is Heather A. Wrckard, an adult individual residing at 5 Robin Drive, South Middleton Township, Cumberland County, Pennsylvania 2. The respondent is Timmy L. Wickard, an adult individual residing at 315 Juniper Street, Carlisle Borough, Cumberland County, Pennsylvania. name3• The parties are the natural parents of two (2) minor' children born of their marriage ly 1996. Andrew S. Wickard, age 13, born July 9, 1991, and Caitlin N. Wrckard, age 8, born June 22, . 4. The parties were separated on or about May 1, 2002., 5. The parties were divorced from marriage on July 13, 2004. 6. The children have been in the PrirIary custody of their mother, the plaintiff in this matter, since this Court issued a Custody Order after hearing in this matter on April 2, 2003. 7. Mother filed a petition to 'modify seeking children to Dover, York Court pe the Court's permission to relocate with the County, nnsylvania, on or about July 30, 2004. 8. A hearing is scheduled before the court on or .about October 7, 2004. 9. Though prepared by counsel for Mother, this motion is being sought by counsel for both parties, as the current date and time for the hearing present scheduling problems. 10. A certificate of concurrence in this request fora continuance has been executed by David A. Baric, Esquire, counsel for defendant, and is attached hereto and is incorporated herein by reference. WHEREFORE, Petitioner, Heather A. Wickard, respectfully requests that the court issue an Order continuing the hearing currently scheduled for October 7, 2004, at 11:00 a.m, before this Court to a future date. Dated: SeptemberoE 2004 37 South f! - Suite 201 -- Carlisle, Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241_4436 Attorney for Plaintiff VERIFICATIOPi "the undersigned, do hereby verify I am counsel for Plaintiff, an d the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa-CS. Section 4904, relating to unworn falsification to authorities. September 28, 2004 HEATHER A. ?WICKARD. Plaintiff V. TIMMY L. WICKARD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002-4579 CIVIL TERM IN CUSTODY CERTIFICATE OF CONCLTR-RENCE I, David A. Banc, Esquire, counsel for defendant, Timmy L Wickard, do herebygive my concurrence in this request for continuance, as set forth here in. Davrid A. Baric Counsel for Defendant Dated: September 2004 NATHAN C. WOLF, ESQUIRE ATTORNEY In NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR PLAINTIFF HEATHER A. WICKARD, Plaintiff V. TIMMY L. WICKARD, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002-4579 CIVIL TERM IN CUSTODY EERTIFICATE OF SERInCE I, Nathan C. Wolf, Esquire, have served a true and Correct copy of Plaintiff's Motion for Continuance upon the following person and in the matter indicated: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (Attomeyfor Plaintiff) Respectfully j Dated: September? 2004 37 Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff c, l I.% U r...,7 T l.,.) -T7 fT1i7 G ?I7 r r; ?J f j?Tl OCT 01 2004 HEATHER A. WICKARD, IN THE COURT OF CCIMMON PLEAS PLvntill OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW TIMMY L. WICKARD, Defendant : NO. 2002-4579 CIVIL TERN( IN CUSTODY ORDERyOF COURT AND NOW, this (o " dayof 0?1 , 2004, upon consideration of the attached motion, it is hereby ordered that the hearing scheduled for October 7, 2004, at 11:00 o'clock a.m., be CANCELLED, and that a hearing be scheduled for the ` Aday of b?t-, 2004, at _L: 0 d o'clockL.m, in Courtroom Sof the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Distribution: Vivid A Banc, Esquire, 19 West South Street, Carlisle PA 17020 /2<Iatlraz' C Wolf, Esquire, 37 South. Hanover Street, , Carlisle, PA 17013 vn C,,, /0 DG 0/ D . uwara rs, Uludo, J. CZ.IIWV 9-130"OZ HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 02-4579 CIVIL TERM TIMMY L. WICKARD, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 6th day of December, 2004, by agreement of parties hearing in this matter is continued to Friday, July 29, 2005, at 8:30 a.m. The Court Administrator is directed to list this matter for conciliation sometime in the early part of July. If the parties resolve this matter in conciliation, the consilliator should note that there is no longer a need for the July 29, 2005, hearing. If the matter is not resolved at the conciliation, the hearing will be held as scheduled. Pending said hearing, our order- of April 2, 2003, shall remain in full force and eff., ? By theZCourt, Edward E. Guido, J. ?f4athan Wolf, Esquire Attorney for Plaintiff ,avid A. Baric, Esquire Attorney for Defendant Court Administrator .mlc ? ?_D? O /"A x'. l_qt'Z HEATHER A. WICKARD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4579 CIVIL ACTION LAW TIMMY L. WICKARD IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May O5, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 29, 2005 at 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. 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 existing Protection from Abuse orders, Special; Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M -Verney, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 -qG:0 A 9- A;A]Mn?7! RECEIVED JUL 14 200 5 HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-4579 CIVIL TERM TIMMY L. WICKARD, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _? day of Vo?fiZ 2005, upon consideration of the attached Custody Con iliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated April 2, 2003 and December 6, 2004 are hereby vacated. The hearing scheduled for July 29, 2005 is hereby cancelled. 2. The Mother, Heather A. Wickard, and the Father, Timmy L. Wickard, shall have shared legal custody of Andrew Scott Wickard, born July 9, 1991 and Caitlin Nicole Wickard, born June 22, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nom-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Mother may relocate the children to Dover, Pennsylvania. 3. Mother, Heather A. Wickard, shall have primary physical custody of the Children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, every weekend Friday at 5:30 p.m. to Sunday at 7:30 p.m., except one weekend per month when Mother shall have physical custody of the children. Mother shall provide Fattier with at least 30 days prior notice of the weekend that she wishes to exercise her weekend custody. B. During the summer Father shall have physical custody of the children for the first 8 weeks of summer. During that time, Mother shall have alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m.; alternating Tuesdays from 4:30 p.m. to Wednesdays at 8:00 p.m. and every Wednesday evening from 4:30 p.m. to 8:00 p.m. 5. Father shall have physical custody of the children for the entire Christmas holiday, except that Mother shall, in odd numbered years, have physical custody of the children from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon and Christmas Day at 12:00 noon to December 26 in even numbered years. 6. Thanksgiving shall be shared such that Father shall always have physical custody o f the children from 9:00 a.m. to 11:00 a.m. If it is not otherwise Father's weekend, he shall have physical custody of Andrew from Sunday afternoon to Tuesday evening, at times agreed by the parties. 7. In the event the children are off from school for recognized holidays and in service days, the parent who has custody for the weekend shall have the weekend extended to include those days off from school. 8. Mother shall be responsible for all transportation in the summer. During the school year, the parties shall share transportation by meeting at the Mobile station in Dillsburg, Pennsylvania. 9. In the event that Father is in need of a babysitter for more than 4 hours during his periods of physical custody, other than relatives or a member of his household, Father shall notify Mother and offer said babysitting opportunity to Mother. Transportation shall be as agreed by the parties. 10. The parties are entitled to liberal telephone and e-mail contact with the children. 11. Jurisdiction shall remain in Cumberland County. 12. 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 terns of this Order shall control. BY Edward E. Guido, cc: Nathan C. Wolf, Esquire, Counsel for Mother , David A. Baric, Esquire, Counsel for Father 412`°° J. ? ? .? ?,? ?? ??r spat to HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-4579 CIVIL TERM TIMMY L. WICKARD, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Andrew Scott Wickard July 9, 1991 Mother Caitlin Nicole Wickard June 22, 1996 Mother 2. A Conciliation Conference was held in this matter on June 29, 2005, with the following individuals in attendance: Mother, Heather A. Wickard, with her counsel, Nathan C. Wolf, Esquire and Father, Timmy L. Wickard, with his counsel, David A. Baric, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated April 2, 2003 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. Mother had filed for relocation and the Court by order dated December 6, 2004, sect July 29, 2005 for a hearing date, but ordered a conciliation conference prior to the hearing. 4. The parties agreed to an Order in the form as attached. 7-13 -OS A, Date Jac line M. Verney, Esquire Custody Conciliator FILED-O _" r, Tl w F"^" ;'?T PY NATHAN C. WOLF, ESQUIRE 2010 APR 23 Ph 05 ATTORNEY ID NO. 97380 10 WEST HIGH STREET CARLISLE PA 17013 tt `r CUM: 'r (717)2414436 ATTORNEY FOR PLAINTIFF PFD s ,,,SYEvi. HEATHER A. WICKARD, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW TIMMY L. WICKARD, : NO. 20024579 CIVIL TERM Defendant IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT is entered into this AP day of ALIL2010, by and between TIMMY L. WICKARD (hereinafter referred to as "Father") and HEATHER A. WICKARD (hereinafter referred to as "Mother"). NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, the Father and Mother are the parents of one minor child, namely, Caitlin N. Wickard, age 13, born June 22, 1996; and, WHEREAS, the parties are subject to an Order of Court dated July 20, 2005 at this term and docket, and the parties now wish to enter into an agreement relative to the custody of the parties' child without the need for litigation, modifying the Court's Order of July 20, 2005; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 1. After the 2009-2010 school year ends, Mother shall be permitted to relocate with the child to Palmyra, Lebanon County, Pennsylvania and shall enroll the child in the Annville-Cleona School District beginning with the 2010-2011 school year. 2. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 3. The parties have had the benefit of the advice of counsel in reaching the foregoing agreement. Mother's counsel is Nathan C. Wolf, Esquire and Father has been given the opportunity to either review this agreement with independent counsel and has either done so or chosen not to do so. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: (SEAL) EATHER A. WICKARD (SEAL) TIM . WICKARD