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Home My WebLink About96-05288 '" .~ ~ ~ ~ '" ~,; " ,J 0... 6- q -J ~ ....."...1,_., WILLIAM R. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~'..l.d ((: ',.., " . MELISSA L. PHILLIPS, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 0(,\ I )e,c,l. , , upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before \"\,' k'd I L ~"'5< ("4 , the conciliator, at to;; o? ,) 1<;;"1;, '>1 (~-l'rl~ IJ; J I , on the ~ I ~l day of C) (~~~ll 1996, at ., 1M .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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: ?i ' ;;I '/ By: ,.' "1k/4..! // /...J"C--.I>'c' Custody Conciliator p~!~ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO N~~ 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717)240-6200 4. The child is presently in the custody of Melissa Phillips, who currently resides at 102-B Lincoln street, Carlisle, cumberland County, pennsylvania 17013. 5. During the past five years, the child resided with the following persons and at the following addresses: Address Dates Name Melissa Phillips 102-B Lincoln street Carlisle, PA 17013 12/94-present Melissa Phillips 1354 Grandview Court Carlisle, PA 17013 513 Baltimore street Mt. Holly Springs, PA 02/92-12/94 Melissa Phillips 1991-02/92 Melissa & William Phillips Wellsville, PA 03/90-1991 6. The Mother of the child is Melissa L. Phillips, who 1 currently resides at 102-B Lincoln street, Carlisle, cumberland county, Pennsylvania, 17013, with the subject of this petition. 7 . The Father of the child is William R. Phillips, who currently resides at 307-A North pitt street, Carlisle, Cumberland County, pennsylvania 17013. B. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 9. The plaintiff has no information of a custody proceeding concerning the child currently pending in any court of this 1 Commonwealth. 10. The Plaintiff does not know of a person not a party to the proceedings, who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the child will be served by granting the relief requested because: a) The Plaintiff can provide the child with adequate moral, emotional, and physical surroundings to meet the child's needs; and b) The Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. 12. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim NONE WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an Order granting custody, partial custody, and/or visitation of the child to the Petitioner and natural Father, William R. Phillips, in accordance with any Stipulation of the parties, or in the event the parties are unable to execute such a stipulation, to enter an Order granting custody, partial custody, or visitation of the child to the Petitioner. Date: ~r'l)q0 :! i " " :1 Ii 1 !: 11 "iijr'~lL Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 I. I' " WILLIAM R. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ! MELISSA L. PHILLIPS, I Defendant I ,. ii '. .1 II 'I I II CIVIL ACTION - LAW IN CUSTODY VERIFICATION I, William R. Phillips, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint for Custody are true and correct to the best of my knowledge, information, and belief. realize that false I statements herein are subject to the penalties for unsworn falsification to ~ties under 18 Pa. C.S. ~ 4940. ,.......' / ,/,.' ..:..:<::~/'-td4, ~ ~ . . .'. .:.:.~:.-.::.:.WILLIAM R. PHILLIPS .J>1'1f' 1;2., /996 . I Date: I, II II Ii I II ;, ;! ,; " 1 ) n'.. ...., vj Ie) ,") " V :' .:r .. ~- c; ","< ..,. ~J ., .,;.-, r [ ~', I l' lll' C' LJ~ ( ,. i':"~. ! l! ( -_". _J . L.' '-'j , I ~' . (. i ,., (': t ~) C,' i;-: l. e,;, C L- i.. I '. '-, alternating weekend schedule shall begin on June 21, 1 997, and shall alternate thereafter. 4. The Christmas holiday shall be broken into two segments. Segment A shall be from Christmas Eve at 4:00 p.m. until Christmas Day at 4:00 p.m.; Segment B shall be from Christmas Day at 4:00 p.m. until December 26th at 4:00 p.m. Father shall have Segment A In 1997 and all odd-numbered years thereafter and Segment B in 1998 and all even-numbered years thereafter. Mother shall have Segment A in 1998 and all even-numbered years thereafter and Segment B in 1997 and all odd-numbered years thereafter. 5. Mother shall always have Thanksgiving Day, and Father shall always have Easter. 6. The parties shall alternate the following holidays: Labor Day, New Year's Day, and Memorial Day. This alternating schedule shall begin with Father having Labor Day in 1 997. 7. For the summer vacation in 1 997, the parties agree to the following schedule: A. Mother shall have exclusive custody of the minor child from Friday, June 27,1997, until Sunday, July 13, 1 997. Father shall have exclusive custody of the minor child from Friday, August 1, 1997, through Sunday, August 17, 1997. 8. In 1998 and all summers thereafter, the parties shall each be entitled to seventeen (17l days of exclusive custody with the child in accordance with the following schedule: Seoment A: From the last Friday in June for seventeen (17) consecutive days, Segment 8: From the third Friday in July for seventeen (17) consecutive days. The parties shall alternate Segment A and Segment Beach summer such that Father has Segment A in 1998 and all even- numbered years thereafter and Segment B in 1999 and all odd- numbered years thereafter. Mother shall have Segment A in 1999 and all odd-numbered years thereafter and Segment B in 1 998 and all even-numbered years thereafter. 9. The parties agree that in the event that they intend to leave the state during any period of time when they exercise custody of the child, they will provide each other with an address and telephone number where they can be reached. 10. Father agrees that the minor child will not be left unsupervised with Carl Houck-Walters, and further will ensure that WilLIAM R. PHilLIPS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-5288 CIVil TERM MELISSA L. PHilLIPS, Defendant CIVil ACTION - lAW CUSTODY /VISITATION JUDGE PREVIOUSLY ASSIGNED: None CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVil PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who islare) the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Joshua S. Walters-Phillips March 19, 1990 Defendant 2. A Conciliation Conference was held on June 12, 1997, and the following individuals were present: the Plaintiff and his attorney, Joan Carey, Esquire; the Defendant appeared with her attorney, Matthew J. Eshelman, Esquire. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order.