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HomeMy WebLinkAbout07-6688V BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 07,- 7;-- JESSICA SILKS, : CIVIL ACTION - LAW Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW COMES, BRANDEN M. SILKS, by and through his attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint for Custody, and in support thereof, avers as follows: 1. Plaintiff is Branden M. Silks, an adult individual who currently resides at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Jessica Silks currently resides at 198 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff seeks shared legal custody and shared physical custody of the following child: Hunter James Silks, born on February 17, 2007. The child was not born out of wedlock. The child is presently in the physical custody of Plaintiff. 4. Since birth, the child has resided with the following persons and at the following addresses: Dates Address Persons A. February 2007 200 North Mountain Road Father/Mother to October 2007 Newville, PA B. October 2007 198 North Mountain Road Mother/Maternal Grandparents to Present Newville, PA The father of the child is Branden M. Silks, who currently resides at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. The mother of the child is Jessica Silks, 198 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 5. The relationship of Plaintiff to the child is that of father. 6. The relationship of Defendant to the child is that of mother. 7. Plaintiff has not participated as a party in other litigation concerning the custody of the child in another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state 8. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting Plaintiff shared legal and shared physical custody of the child. 10. 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. WHEREFORE, Plaintiff respectfully requests This Honorable Court to award him shared legal custody and shared physical custody of the minor child with shared physical custody to Defendant. Respectfully submitted, W Y, L NOX, COLGAN & MARZZACCO By: Thomas M. Clark, Esquire ID # 85211 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: /e SI A031- BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. JESSICA SILKS, : CIVIL ACTION - LAW Defendant. : IN CUSTODY 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. Date: /D 3,0 D y ` randen M. Silks Plaintiff 8 00 n -64- 0 j 7J i1^ BRANDEN M. SILKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA SILKS DEFENDANT 2007-6688 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, November 09, 2007 , 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 Tuesday, December 04, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ ac ueline M. Verne Es q. 1) Hj 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 QN ?,,,v?d A(v co- £l-II ?wr?'l 7f• ? .,mph/_ Lp?£/-1/ nVINVAINSNN9d "70 _ ©S ? ? 1 A4N LODZ BRANDEIS M' SILKS' PLAINTIFF V. JESSICA J. SILKS, FENDS AS OF COURT OF COMMON PLE : IN THE D COUNTY, PENNSYLVAl`IIA CL1 IBERL.AN 2007-6688 CIVIL- ACTION L,AW IN CUSTODY CpMPLp,INT FOR CUSTODY ANSWER TO d through her counsel of record, Jessica J. Silks, by an D NOW comes Defendant, AN nd Associates and files the following Esquire and the law firm of Griffle a Bradley L. Griffle' Esq Plaintiff s Complaint for Custody: Answer to the fitted that Brandon M. Silks is the 1. Admitted in Part. Denied in part. It is admitted he resides at 200 North Mountain and adult individual. It is denied that Plaintiff, an d most importantly denied that he V,,ille, Pennsylvania. It is further an Road, Ne Complaint and at the time he was residing there at the time he filed the Custody October 30, signed t having moved from that residence on the Custody Complain 2007• 2. Admitted. the facts and averments set forth in art, Denied in part. Most of th admitted in p the statement that "the child is 3. However, three (3) are admitted. paragraph iff' is denied. The child is not now nor tl in the physical custody of Plaint ' as Defendant has provided his sole presen y been in the custody of the Plaintiff has he ever care since the child's birth. admitted that from the time the child's 4 Admitted in Part. Denied in Part- It is it resided at 200 North Mountain rimar Y until October 22, 2007 the child p birth Road, Newville, Cumberland County, Pennsylvania with Mother and Father. It is averred, however, that on several occasions during this period of time, Mother and the child were forced to move for brief periods from the residence at 200 North Mountain Road, Newville, to the residence at 198 North Mountain Road, Newville. As stated previously, it is denied that the Plaintiff, Brandon M. Silks resides at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania and it is denied that he resided there at the time he signed his verification to the Complaint for Custody, and at the time the Complaint for Custody was filed. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is denied that it is in the best interest and permanent welfare of the child to grant the Plaintiff shared legal and shared physical custody of the child. It is averred rather that the Plaintiff has never been alone with the child nor has the Plaintiff ever provided care for the child in any manner since the child's birth. It is further averred that the Plaintiff has exhibited an inability to provide care for the child. 10. Admitted. WHEREFORE, Defendant requests your Honorable Court to dismiss the Plaintiffs Complaint or in the alternative to provide for limited supervised visitation with the child. Respectfully Submitted, Esquire 9tt9KX for ,)efendant Grif ie and Associates 200 North Hanover Street Carlisle, PA 17013 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. Section 4904, relating to unsworn falsifications to authorities. DATE: SICA M. SI W BRANDEN M. SILKS, PLAINTIFF V. JESSICA J. SILKS, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2007-6688 CIVIL ACTION LAW : IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, theme day of November, 2007, cause a copy of Defendant's Answer to Complaint for Custody to be served upon Plaintiff by serving his attorney of record, Thomas M. Clark, Esquire, by first-class mail, postage prepaid at the following addresses: DATE: _ I j I`3p -TT Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 `°j '^^.7 -.. ?--:J ..? ?: ? ? i ?? ?f ., u ? T, ?? i.:.- w.SS? •a?a ..{ •. w T T ? w.r. ..? BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2007-6688 JESSICA SILKS, : CIVIL ACTION - LAW Defendant. : IN CUSTODY ACCEPTANCE OF SERVICE I, Bradley L. Griffie, Esquire, Attorney for the Defendant, accept service of the Complaint for Custody filed on November 2, 2007 and Order of Court scheduling a Pre-Hearing Conference for December 4, 2007 at 10:30 a.m. I certify that I am authorized to accept service on behalf of said, Defendant, Jessica Silks. Date: 7 V L. Griffie, Esquire ney I.D. No. 3 200 North Hanover Street Carlisle, PA 17013 717-243-5551 800-347-5552 cz? DEC 0 5 2007 A'"l 3 BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6688 CIVIL ACTION - LAW JESSICA SILKS, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this G day of , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. 3 , of the Cumberland County Court House, on the !1 ^ day of , 2008, at A'06 o'clock, r. M., at which time testimony wi be taken. For purposes of this Hearing, the Father 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 following shall remain in full force and effect. 3. The Father, Branden M. Silks, and the Mother, Jessica Silks, shall have shared legal custody of Hunter James Silks, born February 17, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of supervised visitation as follows: A. Beginning the week of December 3, 2007 a two-hour period supervised by the YWCA in Harrisburg or similar organization for two consecutive weeks. B. Once the two two-hour periods are accomplished, then every Sunday from 11:00 a.m. to 7:00 p.m. supervised by a paternal grandparent. C. Christmas Eve from 11:00 a.m. to 7:00 p.m. supervised by a paternal grandparent. 6. Mother shall be responsible for all transportation. 7. Both parties have the right to request a mental examination for the opposing party. 8. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc: Thomas M. Clark, Esquire, counsel for Father Bradley L. Griffie, Esquire, counsel for Mother 0 End L- 030 LD01 QaN:')ri a',M 3,Nl JO BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6688 CIVIL ACTION - LAW JESSICA SILKS, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter James Silks February 17, 2007 Mother 2. A Conciliation Conference was held December 4, 2007 with the following individuals in attendance: The Father, Branden M. Silks, with his counsel, Thomas M. Clark, Esquire, and the Mother, Jessica Silks, with her counsel, Bradley L. Griffie, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody. Father asserts that Mother is very controlling; that she would not permit Father to hold or do anything for the baby and not permit the baby to visit paternal grandparents. Father believes Mother is alienating the child from him. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the child. Mother believes Father has an anger problem; that he threatened to kill Mother's father, and to burn the house down. Mother asserts that Father has done nothing to care for the baby. He has not fed or diapered him and when requested he refused to hold the baby. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and ordering shared legal custody, Mother having primary physical custody and Father having supervised visitation. It is expected that the Hearing will require one- half day. 4, 1 7 Date ac line A Verney, Esquire Custody Conciliator BRANDEN M. SILKS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA SILKS NO. 2007 - 6688 CIVIL TERM ORDER OF COURT AND NOW, this 3d day of JANUARY, 2008, the hearing scheduled for January 17, 2008, at 1:00 p.m. is rescheduled to FRIDAY, JANUARY 25, 2008, at 1:00 p.m. in Courtroom # 3. By the Edward E. Guido, J. /Thomas M. Clark, Esquire /Bradley L. Griffie, Esquire sld I 1 f3?o8 P? 1(10 it 1 :0 Wd £ - NV BOOZ BRANDEN M. SILKS, Plaintiff V. JESSICA SILKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6688 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 25th day of January, 2008, the stipulation as articulated by Mother's counsel is adopted as an Order of this Court. By the Court, Edward E. Guido, J. Womas M. Clark, Esquire For the Plaintiff Xadley L. Griffie, Esquire For the Defendant s r s r'` VNI IASNN3d S G =Zl Wd R Nit' 8002 Ad`d1CNOALID,id nHl JO BRANDEN M. SILKS, Plaintiff v. JESSICA J. SILKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6688 : CIVIL ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAWIENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Branden M. Silks, in the above- captioned action. Date: TO THE PROTHONOTARY: By: Q'/ "< Thomas M. Clark, Esquire The Wiley Group 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Branden M. Silks, in the above-captioned action. Date: J 1.<" I 0 V By: Post Office Box 650 Hershey, PA 17033 (717) 533-3280 1 co- c? Q µ r C I rj ~h r ro r BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-6688 CIVIL TERM JESSICA SILKS, Defendant : IN CUSTODY MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioner is Bradley L. Griffie, Esquire, counsel of record for the above named Plaintiff, Jessica J. Silks, with an office address of 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Jessica J. Silks, an adult individual currently residing at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania. 3. Respondent has determined that she wishes to proceed in the above captioned matter, pro se, from this point forward and has requested that Petitioner withdraw as counsel in this matter. 4. Respondent has indicated that she does not have the financial means to pay Petitioner for any additional legal services for legal representation in the above captioned matter. 5. At the present time, the parties have secured a bifurcated divorce and have been divorced from the bonds of matrimony. 6. There are no matters pending at this time in this matter. 7. Petitioner has given Respondent notice that the within Petition will be filed and Respondent concurs in this request. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any she has, as to why Petitioner should be permitted to withdraw as counsel in the above captioned matter. Respectfully submitted, $G ' ie, Esquire ey Plaintiff 200 Nort Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsification to authorities. DATE: V?6 nffi , Esquire ,r BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-6688 CIVIL TERM JESSICA SILKS, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the 5`h day of August, 2008, cause a copy of the within Motion to Withdraw as Counsel to be served upon the Respondent, Jessica J. Silks, by serving her by first class mail, postage prepaid, at the following address and upon the Plaintiff, Branden M. Silks, by serving his attorney of record, at the following address: Jessica J. Silks 200 North Mountain Road Newville, PA 17241 John J. Connelly, Jr., Esquire PO Box 650 Hershey, PA 17033 DATE: ? d !Grfffie, Esquire for Petitioner c? 4? 2 cy, AV r BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-6688 CIVIL TERM JESSICA SILKS, Defendant IN CUSTODY AMENDED MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioner is Bradley L. Griffie, Esquire, counsel of record for the above named Plaintiff, Jessica J. Silks, with an office address of 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Jessica J. Silks, an adult individual currently residing at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania. 3. Respondent has determined that she wishes to proceed in the above captioned matter, pro se, from this point forward and has requested that Petitioner withdraw as counsel in this matter. 4. Respondent has indicated that she does not have the financial means to pay Petitioner for any additional legal services for legal representation in the above captioned matter. 5. At the present time, the parties have secured a bifurcated divorce and have been divorced from the bonds of matrimony. 6. There are no matters pending at this time in this matter. . 7. Petitioner has given Respondent notice that the within Petition will be filed and Respondent concurs in this request. 8. Notice has been given to counsel for the Defendant in this matter, John J. Connelly, Jr., Esquire, who does not oppose this request. 9. The prior Judge dealing with this custody matter is Judge Edward E. Guido, who ruled in this custody matter and entered a Custody Order previously. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon Respondent to show cause, if any she has, as to why Petitioner should be permitted to withdraw as counsel in the above captioned matter. Respectfully submitted, riffie, Esquire rney or Plaintiff 00 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unworn falsification to authorities. DATE: do , ... BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2007-6688 CIVIL TERM JESSICA SILKS, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the 15th day of August, 2008, cause a copy of the within Motion to Withdraw as Counsel to be served upon the Respondent, Jessica J. Silks, by serving her by first class mail, postage prepaid, at the following address and upon the Plaintiff, Branden M. Silks, by serving his attorney of record, at the following address: Jessica J. Silks 200 North Mountain Road Newville, PA 17241 John J. Connelly, Jr., Esquire PO Box 650 Hershey, PA 17033 DATE: r ey Griffie, Esquire ttorne for Petitioner ,.. r' { 'Y BRANDEN M. SILKS, Plaintiff VS. JESSICA SILKS, Defendant AUG 0 7 20086,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6688 CIVIL TERM IN CUSTODY ORDER OF COURT J AND NOW, this V 740? day of 2008, upon presentation and consideration of the within Motion to Withdraw as Counsel, -aftokpia Bradley L. Griffie, Esquire and the Law Firm of Griffie & Associates siw el?h i permitted to withdraw as counsel in the above captioned matter. J. ?, It . r1 ? ? t ? ?`?? ,??.i' ,Y '1 ?..., : ...... BRANDEN M. SILKS, Plaintiff VS. JESSICA SILKS, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007-6688 CIVIL TERM IN CUSTODY Judge Edward E. Guido PRAECIPE Pursuant to the Court's Order of September 41h, 2008, please withdraw my appearance on behalf of the Plaintiff, Jessica J. Silks, in the above captioned matter. DATE: b 10 R =5??eriffi ,Esquire Fnt & AS OCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 qa w CP John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 Christine Taylor Brann, Esquire Attorney I.D. No. 82204 James Smith ietterick & Connelly, LLP P.O. Box 650 Hershey, PA 7033 Attorneys for Plaintiff M. SILKS, IN THE COURT OF COMMON PLEAS tiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6688 JESSICA JJ SILKS, CIVIL ACTION - LAW Def?ndant/Resnondent IN CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, comes the Petitioner/Plaintiff, Branden M. Silks, by and through his attorneys, John J. Connelly, Jr., Esquire and Christine Taylor Brann, Esquire, of the law firm of James, Smith, Dietterick Connelly, LLP, and files the following Petition to Modify Existing Custody Order and in support ereof, respectfully represents as follows: 1. The Petitioner is Branden M. Silks, Plaintiff in the above-captioned action, who currently re ides at 47 Dogwood Lane, Lebanon, Lebanon County, Pennsylvania 17042. 2. The Respondent is Jessica J. Silks, Defendant in the above-captioned action, who currently r sides at 200 North Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of one minor child, Hunter James Silks, born February 17, 2007. 4. On January 25, 2008, the Court entered an Order adopting the Custody Stipulation and Agr ent of the parries providing for shared legal custody with primary physical custody awarded to the Respondent subject to Petitioner's periods of partial custody. A copy of the Order dated J 5. 25, 2008 is attached hereto as Exhibit "A". This Order should be modified because: a. Since the entry of the Custody Order dated January 25, 2008, the have been voluntarily participating in parenting counseling with Deborah L. CACD, LPC, of Interworks, for the purposes of expanding Petitioner's periods with the parties' son. b. As a result, the parties have mutually agreed to adjust the schedule set orth in the Custody Order dated January 25, 2008 expanding upon Petitioner's custody. C. Through the parties' participation with Ms. Salem, Petitioner is requesting to increase his periods of partial custody with the parties' son based upon the dance and suggestions of Ms. Salem. d. Petitioner wishes to be more significantly involved in the life of his which relationship Respondent is attempting to prevent. e. Respondent has refused to participate in further parenting counseling with Ms. Salem. 6. 1 Pursuant to Local Rule 208.3(a), the Honorable Edward E. Guido entered the Custody Order dated January 25, 2008, as a result of the parties' Custody Stipulation and 2 l WI EREFORE, Petitioner, Branden M. Silks, requests that the Court modify the existing Order January 25, 2008, because it will be in the best interest of the child. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: d By: . John J. Connelly, Jr. Attorney I.D. #15615 Christine Taylor Brann Attorney I.D. #82204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff/Petitioner 3 VERIFICATION I, ?randen M. Silks, verify that the statements made in this Pleading are true and correct. that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to Osworn falsification to authorities. Date: S 1,2 3 0 Branden M. Silks EXHIBIT "A" I=PD a-7 us 1 03 1 Ua Laa's Hut maraware !3!QUgDFV M. Sil,KS, Pl a i'n t. i. f. f V. Def orid4XIlt 717-647-5062 IN 'iIL•' C'ptl1;'i' OF COMEION 1'LJ 'A;- O CUMF RUANI) COUNTY, 1."ENNSYLV?1NTA NO. 2007-6688 CJ.ViL TERM TN CU S'1'ODY O1tllZK OF COURT AND NOW, this 25Lh day r.>(: utlriuary, 2008, the tip;.ilat.i w) as articulraLed by Mother's c':oun e I .:iciopted as z order of Lhis Court. By the Court:_, Edward E. Guido, J. r omas M_ Clark, Esquire F r - t.hc: Plainti f f i R alley L. Griffie, Fyquirc --' r the Defcndwit S Z3 M p.I TRIi C`>PY RECORD In Testimony vib.: !.rc.c-' i urn,,!) a my hand and c seal GoL , -t a- Pa. Thi dzy ot...lY.l.., . onotery FL-b 27 06 1 :106 Lad's RCE Hardware 717-647-90162 IjRANDEN N. SILKS, P 1 "3 -i. n t..i.:f' t V. E S SICA SILK, Oct f r!r dari L. IN THE COURT C]F ('0MT1V)N PLEAS OF CUMBERGAN7> COTJN','Y', YL.N.NSYl,i/zN r!1 NO. 2007-6688 CTV'rL `iFRM CUS1110DY TRANSCRIPT OF PROC.FFD.i NGS IN RE. AG1RLLEMENT Proceedings hc-ld boforf:! 0.10 HONORABLE EDWARD E. GUT DO , J. CUITLbUlidnd County Courthouse, Carlisle, Pennsylvania on Friday, Jarwaxy 25, 2008, in CC>ur Lr.oum No 3 S_ T JbMAS M- CLARK, FSqu.-i re .-FD r the Plaintiff 13 -DLL•'Y L . G!?IP'? IE, Esquire F r t.ho De' fendanL p.2 1 r qO e- r UtI i V; 11 a Lad's HGE Hardwarre 717-647-MUSE P.3 1 '!'Ili: COUI , Do T. undlerti 1_ ei nd yOu ' v4: i]O t a r ?kcJr.C°?mrnt to articulate for Lbo record? .1 MR. GRIFFIE: We coo, Your IIorlor.'. In the ca:;c 4 i hat-' befor( you of Silks vs. :silks, No. 200'1-6688, 1.b(! 5 , kir. tics have rnaChod un arlrc•cment on the cum i ody of the r . G :a-i. The agreomon1. is a-; .follows: 7 The partioo will have shared lee -e1 ctist'-ody of 8 .he child, Hunter :,amos SlIk'n t)c),r.-n t?cbru;;iry- 7.7, 2007. I 9 Mother will have primary phy...i r-,:.0 cu!;t udy pi 20 child- Father will have partial or temporary curm.o ly I .r3 OL the child on the following ochcdule; 13 Beginning can Sunday, January 27th, 200£3, _or 14 period from 12:00 noon to 5:00 p.m. al': Chc: hcnnc of 15 Si=el and Jani cc: Mayeski. During that vi. s7i t'. F.i Lbe:r ti7,11all 16 Vii:: porrni ted t:o have a family member- from bi , far dl.y with 17 bail if he desires. I 1.8 'L`h next period of custody will bo orr 19 Saturday, February 2nd, fx-?)rrr 10:00 a.m. to 6:00 p.m. at 20 F- ther's home where he rPS:i.des with the paterrl;:;l 21 cI ancparents in Millersburg, Pell noylvani.a. 22 Again, on Saturday, February 91:b, f rorit 10:00 -?3 ?-j tu. r_o.6:00 p.m. at his home with the paternal. 24 g aridpa rE'nt.u . 25 True following week, on Saturday, Fubruary 2 FI-b 27 08 10:11a Lad's RCE Hardware 717-647-9062 f• p.4 I .601, tram 4:0t1 p.rn_ to ;undi,y, the 3'10:i, ;at_ 6:00 ?.zr. 2 Thc-? n6?xt Ssthurdey, F'czbruary 23rd, from 4:00 3 f?.m. to Suriday the- 211th at 6:00 p.m- 4 1 '. her lo11owinq week from Friday, February 5 9th, at 6:00 p.m_ t-.o 6.-00 F).m, on Sunday. 6 From z-Aiat point.. forward, beiriq for the same / time every othor weekend _ it I 'T'ransportation will be hanffl?v,!d by Mother 91 providing t: ran o r t a tioIi for all of the period of par. L.,i a 1. 10 custody until the €:vc?!`ry-ot_}.ie:r-wc.c:kend periods begin. At- li that point, the pi-.ir t:y who -i s receiving the child will 12 provide transportation for the por iod oL partial custody. i i..i j TliE COURT: I want- to make. e;U:rC I 7LIr1d(-,rstind 14 that and cut i L ci ar . Dad picks the child d tip f r ern mom' 1.5 h Dune and moan pick,,; rho child up from dad's house? 16 j MR. CRIFF1L ; Exactly. 1`7 `PHR COURIP : Got it. 18 MR- GRTF'FTF.: Tb.i s Lr'dnwUortation arrangement i 19 i? based upon the fact that the part_J c:; axe, goilig to 20 n?:c.Totiatc and resolve the exchange of one of t.hC fami.ly 21 v ?ehicles, both oL which are currently in Mr. S:i 1 kr_;' 23 T}>es additional arrangements for holidays and ..4 vi cat ion t:ime w::l l her ni!g(.-!g(.bot.woun the partir?'s and 25 s omitted to the Court for signature by no lat- •x Lhan 3 Feb 27 09 ` 10:11a Lad's`RCE Hardware 717-647-9Q62 P. S 7 * irch 1., 2008. THE COURT : Okay. When you submy t i t to Trio 3 or siana,.ure, why don't you do an overall agrcc::tcnt t}1ot.- 4 eplaccs this Order. 5 Ma'am, chef you hocir 01(! ;1.ipulat.-ican or the 6 Z: rc_em rit as relate by your- r.UOrl1cry'? 7 MS. SILKS: Y(--!; , 8 I THE COURT And you're agreeable, to that? 9 MS. SILKS: Yca , 10 THE COURT: Sir, dJ.d you hea:r L-he 11 -s tipulation, 010. uzecincr,t' 12 MR. STLK,S: Carl you state that again for me 13 THE COURT: Did you just hear what Mx'. 14 G iffie said? :1.5 MR. SILKS: Yc:u, 1 rit:arci it. 16 THE COURT: And are you agrecable to thal? 17 MR. SILKS: Hand on one second plca u, Your. 1.8 H nor. . 19 (Mr. Silk; conferred with counsel.) 20 MR. SILKS: Yeah, that will be 1 ir1C.. '1 hat. ' L; 21 no, 22 (The: following order was entered by thc_ CUUrl. 1 2-3 I I "AND NOW, t his 25th clay Uf J:,rnuar,y, 2008J, the 24 s ipulation as articulated by Mot.hor':: adopted as, 25 a Order o L this Cou:r_ u." 4 FOb 27 OB i s 011a Lads RCE HardW8ze 717-647-8052 P. G 1 '1'11L COURT: That means YOU T)oL,h hovc? k ci arjit-ju 2 by 0)a G. `C'hat's an Order. Tf you don't, abicic: by th1at, 3 you'll ho it) violation of my Order, I r Do you havcr Fj (:rix" r)ow t0 dCt the child back i MS - S: MY P,3r'01) t... vctiic:' L . THE COURT: T j0'7,1. want. L-0 rnake it clear that 8 ?f you don't reach an agr'eclmont with regard to the vehicle, 9 cad plovidc,i the transport at i.on _ 10 I MK. CLARK: Your Honor, T h0130 that we're all I I ur:td ur LhQ Sarre understanding- T. do.rn' t. want the vc:hi.cle 12 suc: to provent either party from See-i.ncg the child. 13 THE COURT: It won't. Dad has 14 vehicles. If there's, no a9rceittent, cad does the I 15 l,. d rlti portirlcr . ,1.6 MR'. CLARK: POrfect, Your honor t ? THE COURT- A3.1 right. Good enough_ Good 1$ 1 c':r• . I hupC you can work it: olj t : . _ The k J O dc3crvos- to have 19 parents that get along rv'veri ii they can't live togel.her. 10 Yr ur son is going to need boLh of you. All right. 21 (Court.. was ad j vurricd . ) 22 _ M ) i J 2 A. 25 5 Feb 27 09 1 02.118 Lad's' AGE Hardware CERTIFICATION 717-647-9052 'he-reby ct-.rtity that the proe.eod.i ngs are oritairied f u'l l y and accurately in the rlotCt? t.Aken by me can he abov_? c:,:tu ;C? rjnd t--h-,-it this is a corrc:ct tr,3n,;c:r:ipt of i :?c1II1t' . p.7 Suti;an R?. cry Sf.Cyne?r. - _ . Official Stexiograplier The foregoing record of the proccodincgzr on he huaring of Llio wI t:h_in matter is hereby approved and ?!C:L.ecl ".0 he filed. 9---'A IL Pdward F. Guido, J. 6 BRANDED M. SILKS, Plaintiff JESSICA J V. SILKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6688 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, for the to Modify U.S. MAIL. FIRST CLASS. PRE-PAID Jessica J. Silks 200 North Mountain Road Newville, PA 17241 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: , ine Taylor Brann, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney Branden M. Silks, hereby certify that I have served a copy of the foregoing Petition Order on the following on the date and in the manner indicated below: By. . Christine Taylor Br Attorney I.D. #82204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff CF THE PRO 70770e 2H9 MAY 29 FA 1: 4.,?, y. CAM 4'70.00 Po ArN C4,* 70610 V* aa5407 f BRANDEN M. SILKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA J. SILKS DEFENDANT 2007-6688 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 03, 2009 , 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 Thursday, June 25, 2009 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. 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/ ac ueline M. Verne Es . 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 F FIL j THE ._;,. C t BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-6688 JESSICA J. SILKS, CIVIL ACTION - LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 8t' day of June, 2009, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Petition to Modify Custody and Order scheduling custody conference was served on the Defendant, Jessica J. Silks, on June 5, 2009, by certified mail number 7008 1300 0001 8217 5355, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of June, 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Public Derry Twp., Dauphin County My Commission Expires Nov. 8, 2009 `,r?r, Pennsylvania Association of Notaries • ¦ ¦ Com00111be items 1, 2, and 3. Also compote item 4 B Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 2lUp N . ????h Rum X 0 Agent fp?r?sd 13 Addresses B. b D. Is delivery address different from stern 1? p Ydc if YEs, enter delivery address b ek w. 0 No Ser 75rpe {1 I Q /? 3. 1 \e 1 -K 1_14q( CwMW Mall ? Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail O C.O.D. 4. Restricted Delivery? Mktra Fee) 0 Yea 2. Article Nw*w 7008 1300 0001 8217 5355 , R ON" =6 DarrwclMe A d n Weow U c, R rr1 U1 r" U1 ,. r` hi Postage $ L& C13^a r' r-1 Certified Fee dl . D O Oo?er& Tg C3 Return Receipt Fee I 1 (Endorsement Required) pl 0 ? Restricted Delivery Fee O (Endorsement Required) C3 M Total Postage & Fees r-1 Lo D I? S- •--- • ]K7 ?d l? -------------- e..Wv a 1f?•1iLtap ; OF THEII: CUMBERLAND CnUNTY PENNSYL.kr,Aa 4tA, JUN 262009 BRANDEN M. SILKS, Plaintiff V. JESSICA J. SILKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6688 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this d day of , 2009, upon consideration of the attached Custody Con liation Report, it is ordered and directed as follows: The prior Order of Court dated January 25, 2008 is hereby vacated. 2. The Father, Branden M. Silks and the Mother, Jessica J. Silks, shall have shared legal custody of Hunter James Silks, born February 17, 2007. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:00 p.m. to Monday at 6:00 p.m. The parties shall exchange custody at the Cracker Barrel in Susquehanna Township, Harrisburg, Pennsylvania. B. On the off week, Monday afternoons from 2:00 p.m. to 7:00 p.m. Father shall pick up the child at Cracker Barrel in Carlisle, Pennsylvania at the beginning of this custodial period and shall meet at the Cracker Barrel in Susquehanna Township, Harrisburg, Pennsylvania at the conclusion of this custodial period. C. Such other times as the parties agree. 5. The parties agree to attend at least three (3) counseling sessions with Deb Salem. They shall share the cost equally. 6. In the event that either party is in need of a babysitter, (excluding grandparents or fiance), they shall notify the non-custodial parent and offer said time to the non-custodial parent. 7. Holidays shall be as designated below: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day Schedule A 10:00 a.m.-3:00 p.m. Mother Father Easter Day Schedule B 3:00 p.m.-8:00 p.m. Father Mother Memorial Day 9:00 a.m.-8:00 p.m. Mother Father Independence Day 9:00 a.m.-8:00 p.m. Father Mother Labor Day 9:00 a.m.-8:00 p.m. Mother Father Thanksgiving 11:00 a.m.-8:00 p.m. Father Mother Christmas Schedule A 12/24 3:30 p.m.-12/25 11:00 a.m. Father Mother Christmas Schedule B 12/25 11:00 a.m.-12/26 11:00 a.m. Mother Father Mother's Day 9:00 a.m.-8:00 p.m. Mother Mother Father's Day 9:00 a.m.-8:00 p.m. Father Father 8. Both parties shall have two non-consecutive weeks of physical custody in the summer, to coincide with their weekend schedules, provided they give the other 30 days prior notice, an itinerary and telephone numbers. 9. The parties shall have reasonable telephone contact with the child which shall be limited to one call per day, unless in an emergency situation. 10. Once Hunter turns 12 years of age, Father shall be entitled to one week of physical custody beginning on the Sunday after Thanksgiving in order to take him hunting. Father shall enroll the child in a hunter safety course. 11. 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. Another Custody Conciliation Conference is scheduled for Tuesday, September 1, 2009 at 9:30 a.m. BY E COURT, Edward E. Guido, J. cc: pristine Taylor Brann, Esquire Counsel for Father Nathan C. Wolf, Esquire, Counsel for Mother l; yes r";.t Lr1_CL P' BRANDEN M. SILKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-6688 CIVIL ACTION - LAW JESSICA J. SILKS, 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hunter James Silks February 17, 2007 Mother 2. A Conciliation Conference was held in this matter on June 25, 2009, with the following in attendance: The Father, Branden M. Silks, with his counsel, Christine Taylor Brann, Esquire, and the Mother, Jessica J. Silks, with her counsel, Nathan C. Wolf, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated January 25, 2008 providing for shared legal custody, Mother having primary physical custody with Father having alternating weekends. 4. The parties agreed to an Order in the form as attached. to ,ds o k L"--ts Date ac eline M. Verney, Esquire Custody Conciliator FILED- D-FiGE OF THE pFP0T! --? l0jARY 2049 JUN 29 PM I : 2 7 i% CUNTY F NNSYLVAN?A R LED-CM CE OF THE PROTHONOTARY 7010 MAR -1 PM 3: 01 } ,''s BRANDEN M. SILKS, PEt 11W"P_,touRT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6688 JESSICA J. SILKS, CIVIL ACTION - LAW Defendant IN CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, this, GO day of 010, the Plaintiff, Branden M. Silks, (hereinafter referred to as "Father") and the Defendant, Jessica J. Silks, (hereinafter referred to as "Mother'), having reached an amicable agreement to mutually settle and resolve the issues of custody of their minor child, Hunter J. Silks (born February 17, 2007) (hereinafter referred to as "Child") do hereby stipulate and agree as follows: 1. Relationship to Child: Jessica J. Silks (also known as Jessica J. Clepper) is the natural mother of the said minor Child, and Branden M. Silks is the natural father of the said minor Child. 2. Legal Custody: The parties agree that they will have joint legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the Child's general well-being including, but not limited to, all decisions affecting his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence of the Child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher, or authority and copies of any reports given to them as parents including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from the school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back- to-school nights, and the like. 3. Physical Custody: a. Mother shall have primary physical custody of the Child. b. Father shall have the following periods of partial custody: i. Commencing immediately, alternating weekends from Friday at 6:00 p.m. until Tuesday at 6:00 p.m., until the Child commences kindergarten. ii. After the Child commences kindergarten, alternating weekends from Friday at 6:00 p.m. until Sunday 6:00 p.m. during the school year and each school year thereafter. iii. After the Child commences kindergarten, alternating weekends from Friday at 6:00 p.m. until Tuesday at 6:00 p.m. during the summer school recess and each summer thereafter. iv. Such other times as the parties mutually agree. C. In the event that either party is in need of a babysitter, (excluding grandparents or spouse), they shall notify the non-custodial parent and offer said time to the non-custodial parent; and 4. Transportation: The parent commencing his or her period of custody will be responsible to pick up the mi ` M child from the other parent's residence or Ma40 A&1 T! rnc? Y ?t e ., r 5. Holidays: The parties shall alternate the following holidays set forth below: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day Schedule A 10:00 a.m. - 3:00 p.m. Mother Father Easter Day Schedule B 3:00 p.m. - 8:00 p.m. Father Mother Memorial Day 9:00 a.m. - 8:00 p.m. Mother Father Independence Day 9:00 a.m. - 8:00 p.m. Father Mother Labor Day 9:00 a.m. - 8:00 p.m. Mother Father Thanksgiving 11:00 a.m. - 8:00 p.m. Father Mother Christmas Schedule A 12/24 3:30 p.m. -12/25 11:00a.m. Father Mother Christmas Schedule B 12/25 11:00 a.m. -12/26 11:00 a.m. Mother Father Mother's Day 9:00 a.m. - 8:00 p.m. Mother Mother Father's Day 9:00 a.m. - 8:00 p.m. Father Father The periods of partial custody for holidays or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of custody for that parent set forth previously in this Stipulation. Holidays and other special days for custody set forth in this Agreement shall be in addition to, and shall take precedence over vacations. 6. Vacations: Both parties shall have two (2) non-consecutive weeks of physical custody for purposes of vacation, with Mother's vacation to coincide with her periods of custody not to occur during Father's periods of partial custody and with Father's vacation to coincide with his periods of partial custody, provided they give the other thirty (30) days prior notice, an itinerary and telephone numbers, as follows: a. Prior to the child commencing kindergarten, each party is afforded two (2) non-consecutive weeks of vacation throughout the year, with the exception of the week of Thanksgiving Day and the week of Christmas Day, unless pursuant to the parties' mutual agreement. b. After the child commences kindergarten, each party is afforded two (2) non- consecutive weeks of physical custody during the summer school recess plus additional vacation time, including days in which the child would miss school, provided it is pursuant to the mutual agreement of the parties. 7. Telephone calls: The non-custodial parent shall have reasonable telephone contact with the child which shall be limited to one call per day, unless in an emergency situation. Once the child turns twelve (12) years of age, Father shall be entitled to physical custody beginning on the Sunday after Thanksgiving in order to take him hunting. Father shall enroll the child in a hunter safety course. Father shall ensure that the parties' son not be absent from school longer than permitted by the then current policy, acknowledging that the current policy permits three (3) days absence for purposes of hunting/fishing. 9. The child shall attend school in the Big Springs School District, provided Mother continues to have primary custody of the Child and so long as Mother continues to reside within that School District. 10. Modification of Stipulation: Absent an emergency or relocation of either parry, neither party shall file a Petition to modify the Custody Order for a period of twenty-four (24) months from the date that it is entered. 11. Parent Coordinator: Mother and Father have jointly selected Deborah L. Salem, CACDE, LPC, of Interworks, 4335 North Front Street, Harrisburg, PA 17110; (717) 236-6630, as their Parenting Coordinator if such services appear in the judgment of either party to be required. In the event either party requests the parties' participation with the Parenting Coordinator, either party may submit the attached Parenting Coordinator Order to the Court so that the Parenting Coordination may commence. A copy of the Parenting Coordinator Order to be submitted to the Court is attached hereto as Exhibit 'W'. Prior to filing any new Motion, Petition or Complaint with the Court involving non-emergency custody or parenting of the child, the parties shall discuss said issues with the Parenting Coordinator to attempt resolution of the specific disputed issues. The parties agree to first attempt to discuss and resolve any disagreement or change to the physical custody schedule prior to contacting Ms. Salem. If the parties cannot reach an agreement, they shall contact Ms. Salem, and she shall be authorized to resolve the matter. The costs associated with Ms. Salem's services are to be equally shared by the parties, as long as the parties have first attempted to resolve any issues that arise on their own. 12. Acknowledgement of Parties to Entry of Stipulation for Custody as Order of Court: The parties hereby agree that this Agreement and Stipulation reflects their agreement for legal custody and physical custody of the Child, and by their signatures below intend to be legally bound by these terms, and request that this Stipulation be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth at the beginning of this document. WITNESS: BAnden M. Silks, Plainti a M-zi? ? -&4*1 J sica J. Sil , Defendant A)0W S esst c.-, S Ge fPtr - EXHIBIT "A" BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6688 JESSICA J. SILKS, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER FOR PARENTING COORDINATION AND NOW, this day of 20_, the parties agreeing in this matter that it is in the best interest of their child, Hunter J. Silks, born February 17, 2007, that a Parenting Coordinator be appointed to assist them in implementing the custodial arrangement and managing the day to day parenting issues on which they do not agree, the following is hereby ORDERED: 1. APPOINTMENT AND TERM: Deborah L. Salem, CACD, LPC, Interworks, 2201 North Second Street, 2nd Floor, Harrisburg, PA 17110; (717) 236-6630; is appointed as the Parties' Parenting Coordinator until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever first occurs. Legal counsel for either party shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of the date hereof. 2. ROLE OF THE PARENTING COORDINATOR: A. Parent Coordination involves two components: (1) The Parenting Coordinator shall attempt to resolve issues arising out of the custody order/court approved agreement/parenting plan through facilitation, mediation, consultation, coaching and education, all of which are non-decision making functions; (2) If it is apparent to the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the dispute by providing a Decision for the parties on the issue(s). B. The Parenting Coordinator will not function as a psychotherapist, counselor, attorney or advocate for the parties, or the parties' child, or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between the parties whenever possible, and shall always act in a manner conducive to the best interests of the child. 3. PARENTING COORDINATOR'S AUTHORITY. The Parenting Coordinator, in order to implement the custodial arrangement set forth in the Custody Agreement and resolve related parenting issues about which they do not agree, is authorized to make binding decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody Order/Agreement/Parenting Plan; D. Selection of appropriate school for the child; E. Child's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child-care arrangements and approval of proposed child care providers; G. Clothing, equipment, toys and personal possessions of the child; H. Discipline and behavior management of the child; 1. Introduction of child to significant others and prospective significant others of either parent; J. Information exchange (school, health, social, etc.) and communication with or about the child; K. Coordination of existing court-ordered services for either of the parties or child (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc.); L. Clarification of provisions in the Court Order/Parenting Plan, including, but not limited to, holiday and vacations plans; M. Communication with the child when they are in the other household; N. Recommendation for a re-evaluation or consideration of a change in custody. 2 O. Other related custody issues that the parties mutually agree, in writing, to submit to the Parenting Coordinator. 4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY: A. The following specific issues are excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) hereinbelow: 1) A change in legal custody decision-making authority set forth in the Custody Agreement/Parenting Plan/Order; 2) A change in primary physical custody (residential parenting time) set forth in the Custody Agreement/Parenting Plan/Order; 3) A change in the Court-ordered custody schedule (parenting time) that substantially reduces or expands the child's time with one or both parents; 4) A change in the geographic residence of the child that would render implementation of the current Custody Agreement/Parenting Plan/Order impossible or impracticable; 5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees. In addition, the Parenting Coordinator is authorized to communicate with the Court as to compliance. B. The Parties may mutually agree in writing to submit any of the excluded issues set forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parties. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Parenting Coordinator are confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel, or a party if proceeding pro se. 3 6. SOURCES OF INFORMATION: Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, including, signed HIPAA releases and any other releases requested for collateral contacts. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g. the child, therapists, physicians, childcare providers, teachers, family members, etc.). 7. COMMUNICATION WITH THE PARENT COORDINATOR: A. Protocol: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the sessions (including the child), and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C.S. § 6102, is alleged, the protocols should include measures addressing the safety of all participants, unless the Court deems the measures unnecessary. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principals of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties in practical or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a decision despite the parties' absence. B. Oral and Written Communications with the Parenting Coordinator: The parties and their attorneys shall have the right to receive, but not to initiate, oral ex parte (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be made known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be available to the other party or his/her legal counsel for inspection and copying. In accordance with paragraph 5 hereinabove, no such communications are confidential. C. Written Communications Between the Parenting Coordinator and Appointing Judge: 4 (1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attorneys or a party proceeding pro se. (a) In the event of non-compliance of a party with any provision of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) Detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (2) Absent an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the court shall be in writing, and shall be copied simultaneously to the parties (or, if represented, counsel). If the Parenting Coordinator has communicated orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parties (or, if represented, counsel) in writing the substance of the oral communication. 8. PARENTING COORDINATION DECISIONS: A. PROTOCOL: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the meetings, and whether they will be conducted in person or by telephone. Where domestic violence has occurred or is alleged, the Parenting Coordinator will utilize protocols designed to address safety considerations for all participants. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principles of due process, which shall include, at a minimum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a Decision despite the party's absence. B. ORAL AND WRITTEN COMMUNICATIONS WITH THE PARENTING COORDINATOR: The parties and their attorneys shall have the right to initiate or receive oral ex parte (one- sided) communications with or from the Parenting Coordinator, but the fact of such communication shall be made known to the other party. Any party or counsel may communicate in writing with the Parenting Coordinator provided that a copy is given to the other party simultaneously. Copies of any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be accessible to the other party or his/her attorney. All such communications with the Parenting Coordinator shall be governed by the non- confidentiality provisions of numbered paragraph 5, above. D. PARENTING COORDINATOR'S DECISIONS: (a) Decisions made by the Parenting Coordinator, if in writing, shall be binding and effective signed by the Parenting Coordinator, unless superseded by subsequent Order of Court. Decisions need not be in writing and may be made orally if circumstances involving severe time constraints and/or possible emergencies so warrant. Oral decisions shall be binding and effective when made in a fashion communicated to both parties, and such decisions shall be further confirmed in writing to both parties and counsel as soon as practicable. Written decisions shall have the effect of an Order of Court, and a copy of each Decision shall be filed with the Prothonotary's Office to be docketed at the captioned docket number. (b) The Parenting Coordinator is authorized to impose sanctions that the Parenting Coordinator deems appropriate for non-compliance with their decisions by the child or a party. (c) The Parenting Coordinator is authorized to make modifications to the parties' current custody arrangement which may exceed ten percent (10%) of the annual percentage of time sharing provided that the adjustment does not result in a change to the custody arrangements as contained in the Court Order without consent of the parties. If the Parenting Coordinator is recommending a change to the custody arrangement in excess of the time described above, the parties may engage in at least two sessions with the Parenting Coordinator to resolve the issue and may simultaneously petition for a modification to the current arrangement. (d) If requested by either party, the Parenting Coordinator will issue a written Report setting for the reasons for a Decision, within 5 days of the issuance of the Decision. 6 9. JUDICIAL REVIEW: A. Review of Decisions: In the event a party objects to a Decision by the Parenting Coordinator, the parties and counsel, if requested by the parties, shall meet and confer with the Parenting Coordinator to attempt to resolve the objections. If the issues are resolved, a written stipulation shall be prepared by the Parenting Coordinator or counsel and submitted to the Court to be entered as an Order. Such stipulation shall modify the prior Decision by the Parenting Coordinator, in whole or in part, as set forth in the stipulation. B. If a party continues to object to a Decision by the Parenting Coordinator, that party may f le with the Court a motion for review attaching a copy of the Decision, the Report (if any) and stating the objections with clarity. The Decision shall remain in effect until changed by the Court. There shall be no trial de novo on issues decided by the Parenting Coordinator within the scope of their authority as set forth in paragraph 3 above. The Court will make an independent determination (following an evidentiary hearing if necessary) whether the Parenting Coordinator's Decision is contrary to fact or the law, which shall be the only grounds for review. The burden of proof shall be on the moving party. The Court may delegate such review to its regularly appointed Conciliator where it deems appropriate. C. New Court Proceedings: Prior to filing any new motion, petition or complaint with the Court involving non-emergency custody or parenting of the child within the scope of the Parenting Coordinator's authority, the parties shall discuss said issues' with the Parenting Coordinator to attempt resolution of the specific disputed issues (and to permit a Decision to be made to the extent authorized by paragraph 3 hereinabove). If an Emergency Petition is filed against the recommendation of the Coordinator and the Petition is subsequently denied by the Court, the Petitioner will be responsible for the Respondent's attorney's fees, if the Court finds that the Petitioner filed the Emergency Petition in bad faith. D. The procedures set forth in this Section 9 are mandatory, and may not be waived by the parties. 10. QUASI-JUDICIAL IMMUNITY: In accordance with Pa. R.Civ. P. § 1915.17, the Court-appointed Parenting Coordinator is an Officer of the Court, and has quasi-judicial immunity. As such the Parenting Coordinator cannot 7 be sued based on his/her actions performed within the scope of this Custody Agreement/ Parenting Plan/Order. 11. CHILD ABUSE REPORTING: The Parenting Coordinator is a person required to report suspected child abuse pursuant to 23 Pa. C.S.A. § 6311. 12. TESTIMONY: The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Parenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems appropriate. The Parenting Coordinator may elect to testify in proceedings regarding compliance with the enforcement of this Order; proceedings regarding the termination of the Parenting Coordinator's services, or concerning the payment of the Parenting Coordinator's fees. 13. ALLOCATION OF FEES: The parties will share the fees of the Parenting Coordinator: 50% Mother, 50% Father, subject to re-allocation by the Parenting Coordinator if they determine that one party has disproportionately caused the need for the service. In the discretion of the Parenting Coordinator, the Parenting Coordinator may charge for missed appointments or appointments cancelled on fewer than 24 hours notice. 14. RETAINER: The parties will pay to the Parenting Coordinator a joint retainer in the percentages referred to above in an amount to be determined by the Parenting Coordinator to be replenished as services are rendered so that there is always a positive balance. Any funds remaining at the termination of the Parenting Coordinator's services shall be refunded to the parties. The Parenting Coordinator shall report to the Court in writing, with a copy sent to both parties and both counsel, concerning a party's apparent failure to cooperate in making such payments as are or may become due under this Order, and the Court shall have the continuing authority under the Rules of Court to sanction a party for non-cooperation. 15. GRIEVANCES: A. If either party has a complaint about the way the Parenting Coordinator is dealing with him/her or regarding the performance or actions of the Parenting Coordinator (as distinct from a disagreement with a Decision of the Parenting Coordinator), that party must discuss the matter with the Parenting Coordinator in person before pursuing it in any other manner. B. If, after discussion, the party remains unsatisfied, he/she must then submit a written letter detailing the complaint or grievance to the Parenting Coordinator, to the other party, to both parties' attorneys (if any), and to the attorney for the child, if one exists. The Parenting Coordinator will, within 20 days, provide a written response to the grievance to both parties, both attorneys, and the attorney for the child, if any. C. If appropriate, given the circumstances, the Parenting Coordinator will then meet with the parties and their attorneys (if any), to discuss the matter. D. If the grievance or complaint is not resolved after this meeting, the complaining party may proceed by noticed motion to the Court for removal of the Parenting Coordinator as specified below. E. The Court shall reserve jurisdiction to determine if either or both parties and/or the Parenting Coordinator shall ultimately be responsible for any portions or all of said Parenting Coordinator's time and costs spent in responding to the grievance and the Parenting Coordinator's attorney's fees, if any. F. Neither party shall complain about the Parenting Coordinator to the Parenting Coordinator's licensing board without first complying with the above grievance procedures. 16. TERMINATION / WITHDRAWAL OF PARENTING COORDINATOR: A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval. B. The Parenting Coordinator may withdraw from service at any time, upon ten days' written notice to the parties, all counsel of record, and the Court. C. Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. Provided the grievance procedures set forth in paragraph 15 above has been complied with, if either party has a grievance with the Parenting Coordinator that has not been resolved informally and privately, than that party may file a Motion with the Court to request the removal of the Parenting Coordinator. The opposing party and Parenting Coordinator shall be given notice of any petition for termination. The Court may rule on the petition(s) submitted, or may schedule argument or an evidentiary hearing. 9 Removal shall only be granted upon a good cause shown, such as the Parenting Coordinator has acted outside the scope of their authority, has an irreconcilable conflict of interest, is unable to be impartial or has acted contrary to the child's best interests. Disappointment with the Parenting Coordinator's Decisions is not grounds for removal. The opposing party and Parenting Coordinator shall be given notice of the motion and may file a response. The Court may rule on the papers submitted or may hold an evidentiary hearing, as it deems appropriate. 17. ACCEPTANCE: A. The parties acknowledge that each has reviewed this Agreement and had the opportunity to consult with legal counsel. B. Each party agrees to the appointment of Deborah L. Salem, as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with this Custody Agreement/Parenting Plan/Order. C. The parties authorize the entry of this Stipulation as an Order of Court, enforceable by its terms. 10 ORDER APPROVED and ORDERED this day of 52010. BY THE COURT: J. Distribution: Christine Taylor Brann, Esquire, P.O. Box 650, Hershey, PA 17033; Attorney for Father Nathan C. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013; Attorney for Mother Parenting Coordinator: Deborah L. Salem, CACD, LPC, Interworks, 2201 North Second Street, 2nd Floor, Harrisburg, PA 17110 ? r i MAR 0.2 ZQ10 BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6688 JESSICA J. SILKS, CIVIL ACTION - LAW Defendant IN CUSTODY HIM ORDER OF COURT -r AND NOW, this day of March, 2010, based upon the attached Agreement and Stipulation for Custody dated February 26, 2010, by and between Branden M. Silks, Plaintiff/Father, and Jessica J. Silks, Defendant/Mother, said Agreement and Stipulation is hereby made an Order of this Court. J. Distribution: .iristine Taylor Brann, Esquire, P.O. Box 650, Hershey, PA 17033, Attorney for Plaintiff/Father _,Mthan C. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013; Attorney for Defendant/Mother nt (_ 3 f 3? rc7 - l 3 ~ll~-{ar~, iCE Douglas L. Walmer, Esq. Attorney I.D. 89731 Jeffrey A. Keiter, Esq. Attorney I.D. 13966 KEITER &WALMER, LLC 226 West Chocolate Ave. Hershey, PA 17033 Tel: (717) 533-8889 Fax: (717) 534-9190 Douglas.walmer@keiterlaw.com BRANDEN M. SILKS, Plaintiff v. JESSICA J. SILKS, Defendant 2010 JUG 2~ PM 2~ 43 PENtu aYI.V',~i~iA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6688 CIVIL ACTION -LAW IN CUSTODY PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of JAMES, SMITH, DIETTERICK & CONNELLY, LLP and John J. Connelly, Jr., Esq. and Christine Taylor Brann, Esq. as counsel for BRANDEN All. SILKS, the Plaintiff, in the above referenced matter. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date: l ~" , ~ ~ By: Christine Taylor Brann, uire P.O. Box 650 Hershey, PA 17033 (717) 533-3280 TO THE PROTHONOTARY: Please enter the appearance of KEITER &WALMER, LLC as counsel for BRANDEN M. SILKS, the Plaintiff, in the above referenced matter. KEITER &WALMER, LLC Date: 23 ~ S~ gy; 2 ~~ ougla almer, Esq. 226 West Chocolate Ave. Hershey, PA 17033 (717) 533-8889 CERTIFICATE OF SERVICE I, Douglas L. Walmer, Esquire, hereby certify that on the ~[~ day of June, 2010 a copy of the foregoing document was served via U.S. First Class Mail, postage prepaid, upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 Counsel for Defendant -_ 2 ~. 6~.^ o .Walmer, Esq. Attorney I.D. 89731 KEITER & WALMER, LLC 226 West Chocolate Ave. Hershey, PA 17033 Tel: (717) 533-8889 Counsel for Plaintiff r f+;~' j tai ~.' n''1 '.. Auk 2~ ~,~~ 1t ~ ~'- Douglas L. Walmer, Esq. Attorney I . D. 89731 Jeffrey A. Keiter, Esq. Attorney I.D. 15966 KEITER 8~ WALMER, PC P.O. Box 384 Hershey, PA 17033 Telephone: (717) 533-8889 Douglas.walmer@keiterlaw.com Attorney for Plaintiff/Petitioner BRANDEN M. SILKS, Plaintiff/Petitioner vs. JESSICA SILKS, Defendant/Respondent ~;:~,~ k~t3 ~p1~t~iT ~ ~A~~,~~L~` ~~~ttA :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6688 CIVIL ACTION -LAW CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER AND NOW, comes the Petitioner, Branden M. Silks, and respectfully avers the following: 1, Plaintiff, Branden M. Silks, is an adult individual currently residing at 1095 N. State Route 934, Annville, Lebanon County, Pennsylvania, 17003. ~a~Q aR~~ r 2. Defendant, Jessica J. Silks, now known as Jessica J. Clepper, is an adult individual currently residing at 200 N. Mountain Rd., Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff and Defendant are the parents of one child, Hunter James Silks (DOB 2/17/07), age 5. 4. On or about February 26, 2010 the parties entered into a Stipulation and Agreement for Custody for the child. The Stipulation was entered ,, as an Order of Court on or about March 3, 2010. A copy of the Stipulation and Order incorporating same are attached hereto as Exhibit "A" 5. Father's current custodial periods under the Order are on alternating weekends from Friday at 6:00 p.m. until Tuesday at 6:00 p.m. 6. However, once the child begins school this Fall Father's custodial period drops to every other weekend from Friday at 6:00 p.m. to Sunday at 6:00 p.m. thus resulting in the loss of the Monday and Tuesday periods during the school year. 7. Under the current Order Father's periods during the Child' summer break would revert to the above mentioned Friday to Tuesday schedule. 8. Father desires to adjust the Summer schedule so that he would have the child every other week during the summer recess to help make up for the custodial time lost during the school year and to allow for additional quality time with the child. 9. Additionally Father seeks to have alternating additional vacation/custodial time when the child is off school for non-major holidays, teacher in service days, etc. The current Order implements no set schedule and leaves it to the mutual agreement of the parties for Father to have time on these days. Father also requests modification to the current holiday schedule to allow for longer custodial periods during school breaks for major holidays. 10. Father has discussed the above requested schedule adjustments with Mother but the parties have been unable to work out an agreement. 11. Per the Order, Father also subsequently contacted Deborah Salem, the parties self-selected Parenting Coordinator, to work a resolution. 12. Ms. Salem, however, indicated to Father that she is no longer accepting parenting coordination cases at this time. See email attached hereto as Exhibit "B". 13. Father requests that this Honorable Court grant the modifications requested herein as they are in the best interest of the child. WHEREFORE, Petitioner/Father respectfully requests this Honorable Court grant a modification of the existing Custody Order because it will be in the best interest of the child. Respectfully submitted, Dou . Walmer, Esq. orney I . D. 89731 Jeffrey A. Keiter, Esq. Attorney I.D. 15966 KEITER & WALMER, PC P.O. Box 384 Hershey, PA 17033 Telephone: (717) 533-8889 Douglas.walmer@keiterlaw.com Attorney for Petitioner + r h1AR ~ 2 2010 BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-6688 JESSICA J. SILKS, CIVIL ACTION -LAW a Defendant IN CUSTODY ~ ~ o' rn ~,-. ~~' ~_~ _ a ~ ~ ~ ~ ,L ~ w ORDER OF COURT ~ `" => -- a - .~ =- A ~-~ _ ..~ AND NOW, this day of March, 2010, based upon the attached Agreement and Stipulation for Custody dated February 26, 2010, by and between Branden M. Silks, Plaintiff/Father, and Jessica J. Silks, Defendant/Mother, said Agreement and Stipulation is hereby made an Order of this .Court. Distribution: ~ristine Taylor Braun, Esquire, P.O. Box 650, Hershey, PA 17033, Attorney for PlaintifflFather ~i~ithan C. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013; Attorney for Defendant/Mother ~, '~, C~~~S ,~~ ~~ ~, 3 j3 f r~ `~~ HIBIT '' a ., .~ ~, OF 1N ~ ~t,)NOfARY 2010 MlAR -1 PM 3= 41 -„ , CUM~~ Mil-~+i~~v ± -~~v BRANDEN M. SILKS, PEPdP~PY~OURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JESSICA J. SILKS, Defendant N0.07-6688 CIVIL ACTION -LAW IlV CUSTODY AGREEMENT AND STIPULATION OF CUSTODY AND NOW, thisp2.(P day of ~ 010, the Plaintiff, Branden M. Silks, (hereinafter referred to as "Father"} and the Defendant, Jessica J. Silks; (hereinafter referred to as "Mother"), having reached an amicable agreement to mutually settle and resolve the issues of custody of their minor child, Hunter J. Silks (born February 17, 2007) (hereinafter referred to as "Child's do hereby stipulate and agree as follows: 1. Relationship to Child: Jessica J. Silks (also known as Jessica J. Clepper) is the natural mother of the said minor Child, and Branden M. Silks is the natural father of the said minor Child. 2. Legal Custody: The parties agree that they will have joint legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major nonemergency decisions affecting the Child's general well-being including, but not limited to, all decisions affecting his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence of the Child and the other parent. To the extent one parent _ _ _ , has possession of any such records or information, that parent shall be required to shaze the same, or copies thereof, with the other pazent within such reasonable time as to make the records and information of reasonable use to the other pazent. Both parents shall be entitled to full participation.. in all educational and medicaUtreahnent planning meetings and evaluations with regard to the Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher, or authority and copies of any reports given to them as parents including but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from the school with regard to school pictures, extracurricitlaractlvities, children's parties, musical presentations, back- to-school nights, and the like. 3. Physical Custody: a. Mother shall have primary physical custody of the Child. b. Father shall have the following periods of partial custody: i. Commencing immediately, alternating weekends from Friday at 6:00 p.m. until Tuesday at 6:00 p.m., until the Child commences kindergarten., ii. After the Child commences kindergarten, altemating weekends from Friday at 6:00 p.m. until Sunday 6:00 p.m. during the school year and each school year thereafter. iii. After the Child commences kindergarten, alternating weekends from Friday at 6:00 p.m. until Tuesday at 6:00 p.m. during the summer school recess and each summer thereafter. iv. Such other times as the parties mutually agree. c. In the event that either party is in need of a babysittet, (excluding grandparents or spouse), they shall notify the non-custodial parent and offer said time to the non-custodial parent; and 4. Transportation: The parent commencing his or her period of custody will be responsible to pick up the or child from the other parent's residence or Mo,~N ~~,Q ~. ~ ~- ~uM MoT)t.Y2 8 y ~~ ~- . ` ~ ~ S ~~lC-t~0 S. HOlidayS: ,, ~ The parties shall alternate the following holidays set forth below: HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day Schedule A 10:00 a.m. - 3:00 p:m. Mother Father Easter Day Schedule B 3:00 p.m. - 8:00 p.m. Father Mother Memorial Day 9:00 a.m. - 8:00 p.m. Mother Father Independence Day 9:00 a.m. - 8:00 p.m. Father Mother Labor Day 9:40 a.m. - 8:00 p.m. Mother Father Thanksgiving 11:00 a.m. - 8:00 p.m. Father Mother Christmas Schedule A 12/24 3:30 p.m. -12/25 11:OOa.m. Father Mother Christmas Schedule B 12/25 11:00 a.m. -12/2611:00 a.m. Mother Father Mother's Day 9:00 a.m. - 8:00 p.m. Mother Mother Father's Day 9:00 a.m. - 8:00 p.m. Father Father The periods of partial custody for holidays or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of custody for that parent set forth previously in this Stipulation. Holidays and other special days for custody set forth in this Agreement shall be in addition to, and shall take precedence over vacations. 6. Vacations: Both parties shall have two {2) non-consecutive weeks of physical custody for purposes of vacation, with Mother's vacation to coincide with her periods of custody not to occur during Father's periods of partial custody and with Father's vacation to coincide with his periods of partial custody, provided they give the other thirty (30) days prior notice, an itinerary and telephone numbers, as follows: a. Prior to the child commencing kindergarten, each party is afforded two (2) non-consecutive weeks of vacation throughout the year, with the exception of the week of Thanksgiving Day and the week of Christmas Day, unless pursuant to the parties' mutual agreement. b. After the child commences kindergarten, each party is afforded two (2) none consecutive weeks of physical custody during the summer school recess plus additional vacation time, including days in which the child would miss school, provided it is pursuant to the mutual agreement of the parties. 7. Telephone calls: The non-custodial parent shall have reasonable telephone contact with the child which shall be limited to one call per day, unless in an emergency situation. 8. Once the child turns twelve (12) years of age, Father shall be entitled to physical custody beginning on the Sunday after Thanksgiving in order to take him hunting. Father shall enroll the child in a hunter safety course. Father shall ensure that the parties' son not be absent from _ _. _ ~ school longer than permitted by the then current policy, acknowledging that the current policy permits three (3) days absence for purposes of hunting/fishing. 9. The child shall attend school in the Big Springs School District, provided Mother continues to have primary custody of the Child and so long as Mother continues to reside within that School District. 10. ModiScation of Stipulation: Absent an emergency or relocation of either party, neither party shall file a Petition to modify the Custody Order for aperiod oftwenty-four (24) months from the date that it is entered. '' 11. Parent Coordinator: Mother and Father have jointly selected Deborah L. Salem, CACDE, LPC, of Interworks, 4335 North Front Street, Harrisburg, PA 17110; (717) 236-6630, as their Parenting Coordinator if such services appear in the judgment of either party to be required. In the event either party request the parties' participation with the Parenting Coordinator, either party may submit the attached Parenting Coordinator Order to the Court so that the Parenting Coordination may commence. A copy of the Parenting Coordinator Order to be submitted to the Court is attached hereto as Exhibit "A". Prior to filing any new Motion, Petition or Complaint with the Court involving non-emergenc}~ custody or parenting of the child, the parties shall discuss said issues with the Parenting Coordinator{ to attempt resolution of the specific disputed issues. The parties agree to first attempt to discuss and resolve any disagreement or change to the, physical custody schedule prior to contacting Ms. Salem. If the parties cannot reach an agreement, they shall contact Ms. Salem, and she shall be authorized to resolve the matter. The costs associated with Ms. Salem's services are to be equally shared by the parties, as long as the parties have first attempted to resolve any issues that arise on their own. 12. Acknowledgement of Parties to Entry of Stipulation for Custody as Order of Court: The parties hereby agree that this Agreement and Stipulation reflects their agreement for legal custody and physical custody of the Child, and by their signatures below intend to be legally bound by these terms, and request that this Stipulation be entered as an Order of Court. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the date set forth at the beginning of this document. WITNESS: . ._-, _~'..r~r.~lit~` B-Silks, Plainti J sica J. Si ,Defendant ~Uo~ ~ ess~~, ~ . Cfe.~cr- EXH 1 B IT "A" __ _ _ _ , BRANDEN M. SILKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-6688 JESSICA J. SILKS, CR1IL ACTION -LAW Defendant IN CUSTODY ORDER FOR PARENTING COORDINATION AND NOW, this day of 20,, the parties agreeing in this maitter that it is in the best interest of their child, Hunter J. Silks, born February 17, 2007, that a Pazenting Coordinator be appointed to assist them in implementing the custodial arrangement'. and managing the day to day parenting issues on which they do not agree, the following is hereby ORDERED: 1. APPOINTMENT AND TERM: Deborah L. Salem, CACD, LPC, Interworks, 2201 Ndrth Second Street, 2°d Floor, Harrisburg, PA 17110; (717) 236-6630; is appointed as the Parties' Parenting Coordinator until the resignation of the Parenting Coordinator or termination of the appointment by the Court, whichever first occurs. Legal counsel for either party shall provide copies of all Orders, Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of the date hereof. 2. ROLE OF THE PARENTING COORDINATOR: A. Parent Coordination involves two components: (1) The Parenting Coordinator shall attempt to resolve issues arising out of the custody order/court approved agreement/pazentingglanthrough facilitation, mediation, consultation, coaching and education, all of which are non-decision making functions; (2) If it is apparent tv the Parenting Coordinator that continued similar efforts are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve thr~ dispute by providing a Decision for the parties on the issues}. B. The Parenting Coordinator will not function as a psychotherapist, counselor, attorney or advocate for the parties, or the parties' child, or family. However, the Parenting Coordinator is permitted and encouraged to facilitate communication and agreement between thie parties whenever possible, and shall always act in a manner conducive to the best interests of the child. 3. PARENTING COORDINATOR'S AUTHORITY. The Parenting Coordinator, in order to implement the custodial arrangement set forthin the Custody Agreement and resolve related parenting issues about which they do not agree, ifi authorized to make binding decisions about issues that may include, but are not limited to, the following: A. Dates, times, places and conditions for transitions between households; B. Temporary variation from the schedule for a special event or particular circumstance; C. Minor adjustments to the physical custody schedule as set forth in the current Custody OrderlAgreementlParenting Plan; D. Selection of appropriate school for the child; E. Child's participation in recreation, enrichment, and extracurricular activities, programs and travel; F. Child-care arrangements and approval of proposed child care providers; G. Clothing, equipment, toys and personal possessions of the child; H. Discipline and behavior management of the child; I. Introduction of child to significant others and prospective significant others of either parent; J. Information exchange (school, health, social, etc.) and communication with or about the child; K. Coordination of existing court-ordered services for either of the parties or child (e.g. Psychological testing, alcohol or drug monitoring/testing, psychotherapy, anger management, parenting class, etc.); L. Clarification of provisions in the Court Order/Parenting Plan, including, but not' limited to, holiday and vacations plans; M. Communication with the child when they are in the other household; N. Recommendation for a re-evaluation or consideration of a change in custody. 2 _ __ , O. Other related custody issues that the parties mutually agree, in writing, to submit to the Parenting Coordinator. 4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY: A. The following specific issues are excluded from the Parenting Coordinator's function and decision-making authority, except as provided in subparagraph (B) hereinbelow: 1) A change in legal custody decision-making authority set forth in the Custody Agreement/Parenting Plan/Order; 2) ~A change in primary physical custody (residential. parenting time) set forth in the Custody AgreementlParenting PlanlOrder; 3) A change in the Court-ordered custody schedule (parenting time) that substantially reduces or expands the child's time with one or both parents; 4) A change in the geographic residence of the child that would render implementation of the current Custody Agreement/Parenting Plan/Order impossible or impracticable; 5) Determination of financial issues, other than allocation of the Parenting Coordinator's fees. In addition, the Parenting Coordinator is authorized to communicate with the Court as to compliance. B. The Parties may mutually agree in writing to submit any of the excluded issues het forth above to the Parenting Coordinator for facilitation and recommendation which recommendation shall only become binding upon written agreement of the parties. 5. NON-CONFIDENTIALITY OF COMMUNICATIONS: No communications of the parties and/or their lawyers with the Parenting Coordinator alre confidential. The Parenting Coordinator may communicate in writing with the Court regarding any matter, and shall send contemporaneous copies of any such communication to legal counsel, or a party if proceeding pro se. 6. SOURCES OF INFORMATION: Each party shall provide the Parenting Coordinator with all information that the Parenting Coordinator requests, includingsigned HIPAA releases and any other releases requested fore collateral contacts. The Parenting Coordinator is authorized to contact any professional or other individual as the Parenting Coordinator deems necessary (e.g. the child, therapists, physicians, childcare providers, teachers, family members, etc.). 7. COMMUNICATION WITH THE PARENT COORDINATOR: A. Protocol: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the sessions (including the child)„ and whether the sessions will be conducted in person or by other means. Where domestic violence or abuse, as defined under 23 Pa. C,S. § 6102, is alleged, the protocols should include measures' addressing the safety of all participants, unless the Court deems the measures unnecessary. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principals of due process, which shall include, at a minimlum, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties in practical or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a decision despite the parties' absence. B. Oral and Written Communications with the Parenting Coordinator: The parties and their attorneys shall have the right to receive, but not to initiate, oral ex pane (one-sided) communications from the Parenting Coordinator, but the fact of such communication shall be made known to the other party. Any party or legal counsel may communicate in writing with the Parenting Coordinator provided a copy is sent to the other party simultaneously. Any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be available to the other party or his/her legal counsel for inspection and copying.. In accordance with paragraph 5 hereinabove, no such communications are confidential. C. Written Communications Between the Parenting Coordinator and Appointing Judge: 4 (1) The Parenting Coordinator will have the ability to initiate written communication with the Appointing Judge, and shall contemporaneously send copies to both attomeys or a party proceeding pro se. (a) In the event ofnon-compliance of a party with any provision of this Appointment Order (including provisions relating to the compensation of the Parenting Coordinator); and/or (b) Detailing the Parenting Coordinator's reasons for withdrawing from service in the case. (2) Absent an emergency affecting the child's health or welfare, any communication from the Parenting Coordinator to the court shall be in writing, and shall be copied simultaneously to the parties (or, if represented, counsel). If the Parenting Coordinator has communicated orally with the Court on an emergency basis, the Parenting Coordinator promptly shall communicate to the parties (or, if represented, counsel) in writing the substance of the oral communication. 8. PARENTING COORDINATION DECISIONS: A. PROTOCOL: The Parenting Coordinator shall determine the protocol of all communications, interviews, and sessions including who shall or may attend the meetings, and! whether they will be conducted in person or by telephone. Where domestic violence has occurred or is alleged, the Parenting Coordinator will utilize protocols designed to address safety considerations for all participants. Both parties shall participate in the dispute resolution process defined by the Parenting Coordinator in accordance with the principles of due process, which shall include, at a minimurjn, the opportunity for each of the parties to be heard, unless exigent circumstances render contact with both parties impracticable or potentially dangerous to the welfare of the child. In the event a party is given notice of a session but does not attend, the Parenting Coordinator may make a Decision despite the party's absence. B. ORAL AND WRITTEN COMMUNICATIONS WITH THE PARENTING COORDINATOR: The parties and their attomeys shall have the right to initiate or receive oral ex pttrte (on$- sided) communications with or from the Parenting Coordinator, but the fact of such _ _. __. _ 7 communication shall be made known to the other party. Any party or counsel may communicate in writing with the Parenting Coordinator provided that a copy is given to the other party simultaneously. Copies of any documents, tape recordings or other material which one party gives to the Parenting Coordinator must also be accessible to the other party or his/her attornely. All such communications with the Parenting Coordinator shall be governed by the non- confidentiality provisions of numbered paragraph 5, above. D. PARENTING COORDINATOR'S DECISIONS: (a} Decisions made by the Parenting Coordinator, if in writing, shall be binding anld effective signed by the Parenting Coordinator, unless superseded by subsequent Order of Courtt. Decisions need not be in writing and may be made orally if circumstances involving severe tiff ne constraints and/or possible emergencies so warrant. Oral decisions shall be binding and effec~ive when made in a fashion communicated to both parties, and such decisions shall be further confirmed in writing to both parties and counsel as soon as practicable. Written decisions shad have the effect of an Order of Court, and a copy of each Decision shall be filed with the Prothonotary's Office to be docketed at the captioned docket number. (b) The Parenting Coordinator is authorized to impose sanctions that the Parenting Coordinator deems appropriate for non-compliance with their decisions by the child or a party. (c) The Parenting Coordinator is authorized to make modifications to the parties' current custody arrangement which may exceed ten percent (10%) of the annual percentage ot~' time sharing provided that the adjustment does not result in a change to the custody arrangements as contained in the Court Order without consent of the parties. If the Parenting, Coordinator is recommending a change to the custody arrangement in excess of the time described above, the parties may engage in at least two sessions with the Parenting Coordinator to resolve the issue and may simultaneously petition for a modification to the current arrangement. (d) If requested by either party, the Parenting Coordinator will issue a written Report setting for the reasons for a Decision, within 5 days of the issuance of the Decision. 6 r 9. 3UDICIAL REVIEW: A. Review of Decisions: In the event a party objects to a Decision by the Parenting Coordinator, the parties and counsel, if requested by the parties, shall meet and confer with thle Parenting Coordinator to attempt to resolve the objections. If the issues are resolved, a written stipulation shall be'prepared by the Parenting Coordinator or counsel and submitted to the Cojurt to be entered as an Order. Such stipulation shall modify the prior Decision by the Parenting Coordinator, in whole or in part, as set forth in the stipulation. B. If a party continues to object to a Decision by the Parenting Coordinator, that party may fide with the Court a motion for review attaching a copy of the Decision, the Report (if any) and stating the objections with clarity. The Decision shall remain in effect until changedlby the Court. There shall be no trial de novo on issues decided by the Parenting Coordinator within the scope of their authority as set forth in paragraph 3 above. The Court will make an independent determination (following an evidentiary hearing if necessary} whether the Parenting Coordinator's Decision is contrary to fact or the law, which shall be the only grounds for revi~w. The burden of proof shall be on the moving party. The Court may delegate such review to its regularly appointed Conciliator where it deems appropriate. C. New Court Proceedings:. Prior to filing any new motion, petition or complaint '. with the Court involving non-emergency custody or parenting of the child within the scope of {he Parenting Coordinator's authority, the parties shall discuss said issues' with the Parenting Coordinator to attempt resolution of the specific disputed issues (and to permit a Decision to b made to the extent authorized by paragraph 3 hereinabove). If an Emergency Petition is filed against the recommendation of the Coordinator and the Petition is subsequently denied by the Court, the Petitioner will be responsible for the Respondent's attorney's fees, if the Court finds that the Petitioner filed the Emergency Petition in bad faith. D. The procedures set forth in this Section 9 are mandatory, and may not be waived by the parties. 10. QUASI-JUDICIAL IMMUNITY: In accordance with Pa. R.Civ. P. § 1915.17, the Court-appointed Parenting Coordinator is a>h Officer of the Court, and has quasi judicial immunity. As such the Parenting Coordinator canna ~~ be sued based on his/her actions performed within the scope of this Custody Agreemend Parenting Plan/Order. 11. CHILD ABUSE REPORTING: The Pazenting Coordinator is a person required to report suspected child abuse pursuant tm 23 Pa. C.S.A. § 6311. 12. TESTIMONY: The Parenting Coordinator cannot be compelled to testify in any proceeding absent a Court Order. In the event the Pazenting Coordinator elects or is required to testify, he/she shall be compensated commensurate with his/her rate by one or both of the parties as the Court deems' appropriate. The Parenting Coordinator may elect to testify in proceedings regarding compliance with the enforcement of this Order; proceedings regarding the termination of the Parenting Coordinator's services, or concerning the payment of the Parenting Coordinator's fees. 13. ALLOCATION OF FEES: The parties will share the fees of the Fazenting Coordinator: 50% Mother, 50% Father, '. subject to re-allocation by the Parenting Coordinator if they determine that one party has disproportionately caused the need for the service. In the discretion of the Parenting Coordinator, the Parenting Coordinator may charge for missed appointments or appointments cancelled on fewer than 24 hours notice. 14. RETAINER: The parties will pay to the Parenting Coordinator a joint retainer in the percentages referred to above in an amount to be determined by the Parenting Coordinator to bb replenished as services are rendered so that there is always a positive balance. Any funds remaining at the termination of the Parenting Coordinator's services shall be refunded to the parties. The Parenting Coordinator shall report to the Court in writing, with a copy sent to both parties and both counsel, concerning a party's apparent failure to cooperate in making such payments as are or may become due under this Order, and the Court shall have the continuing authority under the Rules of Court to sanction a party for non-cooperation. 15. GRIEVANCES: A. If either party has a complaint about the way the Parenting Coordinator is dealing with him/her or regarding the performance or actions of the Parenting Coordinator (as distinct 8 _ _. _ _ __ .~ ~ from a disagreement with a Decision of the Parenting Coordinator), that party must discuss the matter with the Parenting Coordinator in person before pursuing it in any other manner. B. If, after discussion, the party remains unsatisfied, he/she must then submit a written letter detailing the complaint or grievance to the Parenting Coordinator, to the other party, to both parties' attorneys (if any), and to the attorney for the child, if one exists. The Parenting Coordinator will, within 20 days, provide a written response to the grievance to bo~h parties, both attorneys, and the attorney for the child, if any. C. If appropriate, given the circumstances, the Parenting Coordinator will then meet with the parties and their attorneys (if any), to discuss the matter. D. If the grievance or complaint is not resolved after this meeting, the complaining party may proceed by noticed motion to the Court for removal of the Pazenting Coordinator a specified below. E. The Court shall reserve jurisdiction to determine if either or both parties and/ot the Parenting Coordinator shall ultimately be responsible for any portions or all of said Pazen~ing Coordinator's time and costs spent in responding to the grievance and the Parenting Coordinator's attorney's fees, if any. F. Neither party shall complain about the Parenting Coordinator to the Parenting Coordinator's licensing board without first complying with the above grievance procedures. lb. TERMINATION /WITHDRAWAL OF PARENTING COORDINATOR: A. Neither party may unilaterally terminate the Parenting Coordinator's services without Court approval, nor may the parties do so by mutual agreement without Court approval. B. The Parenting Coordinator may withdraw from service at any time, upon ten days' written notice to the parties, all counsel of record, and the Court. C. Dissatisfaction with the Parenting Coordinator's Decisions is not grounds for termination. Provided the grievance procedures set forth in paragraph 15 above has been complied with, if either party has a grievance with the Parenting Coordinator that has not been resolved informally and privately, than that party may file a Motion with the Court to request tie removal of the Parenting Coordinator. The opposing party and Parenting Coordinator shall be' given notice of any petition for termination. The Court may rule on the petition(s) submitted, c1r may schedule argument or an evidentiary hearing. 9 ,' Removal shall only be granted upon a good cause shown, such as the Parenting Coordinator has acted outside the scope of their authority, has an irreconcilable conflict of interest, is unable to be impartial or has acted contrary to the child's best interests. Disappointment with the Parenting Coordinator's Decisions is not grounds for removal. The'', opposing party and Parenting Coordinator shall be given notice of the motion and may file a response. The Court may rule on the papers submitted or may hold an evidentiary hearing, a~ it deems appropriate. 17. ACCEPTANCE: A. The parties acknowledge that each has reviewed this Agreement and had the opportunity to consult with legal counsel. B. Each party agrees to the appointment of Deborah L. Salem, as Parenting Coordinator, and agrees to fully cooperate with the Parenting Coordinator in compliance with) this Custody Agreement/Parenting Plan/Order. C. 'The parties authorize the entry of this Stipulation as an Order of Court, enforceable by its terms. 10 ORDER APPROVED and ORDERED this day of , 2010. BY THE COURT: J. Distributian: Christine Taylor Braun, Esquire, P.O. Box 650, Hershey, PA 17033; Attorney for Father Nathan C.. Wolf, Esquire, 10 West High Street, Carlisle, PA 17013; Attorney for Mother Parenting Coordinator: Deborah L. Salem, CACD, LPC, Interworks, 2201 North Second Street, 2"d Floor, Harrisburg, PA 17110 Page 1 of 2 Douglas Walmer From: Deanna Silks [dsilks04@gmail.com) Sent: Wednesday, July 18, 2012 10:24 PM To: Douglas.walmer@keiterlaw.com Subject: Fwd: Response to your request for an appointment ---------- Forwarded message ---------- From: Front Desk <frontdesk(a~interworksonline.com> Date: Tue, Jul 17, 2012 at 10:55 AM Subject: RE: Response to your request for an appointment To: Deanna Silks <dsi1ks04(a~~mail.com> Cc: Front Desk <frontdesk(cr~,interworksonline.com> Branden: Are you referring to a case from several years ago--? If so, I am no longer the appointed coordinator and am not accepting cases for such. If I have been recently appointed, no one checked with me first and I do not have any openings right now to do your case justice. At least let me know when you were advised that I am the Parenting Coordinator. Deb Salem From: Deanna Silks [mailto:dsilks04@gmail.com] Sent: Monday, July 16, 2012 10:18 PM To: Front Desk Subject: Re: Response to your request for an appointment Dear Deb Salem, I am looking to increase my custody time during summer and school vacation because of losing ', custody time due to Hunter beginning school. I attempted to resolve this with Hunter's mother prior to contacting you, but we were unable to come to an agreement. You are our appointed parenting coordinator for resolving custody issues. Thank you very much. ', Branden Silks ^~^ s EXHIBIT 8/27/2012 Page 2 of 2 On Mon, Jul 16, 2012 at 10:33 AM, Front Desk <frontdeskninterworksonline.com> wrote: Dear Parent of Hunter Silk: We are in receipt of your request through Superpages. Please provide more information regarding the service you are seeking. I will gladly give you an appointment when I know what service you are seeking. I do custody evaluatio s, co-parenting counseling, and I can also advise you on custody matters. As soon as you provide more information, I will send you an appointment time. Best Regards Deborah L. Salem Deborah L. Solem, CAADC, LPC Clinical Director INTERWORKS 2201 North Second Street, 2nd Floor Harrisburg, PA Ph 717-236-6630, Fax 717-236-6677 This email contains PRIVILEGED and CONFIDENTIAL INFORMATION intended only for the use of the recipient namedabove The information may be protected by state and federal laws, including, without limitation, the provisions of the Health ~~ Insurance Portability and Accountability Act of 1996 (HIPAA), which prohibit unauthorized disclosure. If you are not th intended recipient, you are hereby notified that any use or dissemination of this information is strictly prohibited. If yo hove received this email in error, please immediately notify the sender by reply email at the address provided above and dole a this message. Thank you. 8/27/2012 i VERIFICATION I, BRANDEN SILKS, verify that the statements set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: .~ ~ 7~ l 2 B NDE LKS BRANDEN M. SILKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c'> v' 2007-6688 CIVIL ACTION LAW JESSICA SILKS ~~~, IN CUSTODY DEFENDANT ~. ~, ha ~ `fib ~ fir; cn ~ ~:: . ,~",~ ti --t ~ ORDER OF COURT ~ ~' `,,,r 2 ~' Q -ry a ``a AND NOW, Wednesday, September 05, 2012 ,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 Fioor, Cumberland County Courthouse, Carlisle on Wednesday, October 03, 2012 at 8:30 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide Qrounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection fram 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, Esq. J~_ 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 ~~ WO ~~ ~s~. Telephone (717) 249-3166 ~ ~a ~ C'• ~~s/i~ /~l~