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HomeMy WebLinkAbout09-2009STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT M. PHILLIPS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TABITHA M. PLUMMER, :NO. 2009- ao69 CIVIL TERM Defendant : CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, Robert M. Phillips, Jr., by his attorney, Stacy B. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Robert M. Phillips, Jr., an adult individual residing at 2152 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Tabitha M. Plummer, an adult individual residing at 157 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks equal shared custody of the following child: Na= Present Residence Age Madaline Viola Phillips 157 Brookwood Drive 1 year Carlisle, PA 17013 D.O.B. 1/11/08 4. Plaintiff and defendant are the natural parents of the child. 5. The parties were never married. 6. The child is presently in the custody of Mother but resided with both parents from March 2008 until September 15, 2008. 7. Mother has been denying visitation with respect to the child to Father. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 9. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 10. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. Father and Mother have shared care giving responsibilities for the child for the majority of the child's life. 12. The best interests and permanent welfare of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Plaintiff, Robert M. Phillips, Jr., respectfully requests that the Court enter an order granting equal shared physical custody of the child to the plaintiff. Respectfully submitted, Dated: March3Q, 2009 JLza:-L - Stacy B. W Esquire 10 West H' Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. March 2009 Robert M. Phillips, Jr. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT M. PHILLIPS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TABITHA M. PLUMMER, : NO. 2009- "9 CIVIL TERM Defendant . : CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of Complaint for Custody upon the following person and in the matter indicated: SERVICE BY U .S. MAIL: Tabitha NL Plummer 157 Brookwood Drive Carlisle, PA 17013 WOLF & WOLF Marchaf , 2009 By: STACY B. LF, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 E" 's rv v 41, ?C ROBERT M. PHILLIPS, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. TABITHA M. PLUMMER DEFENDANT 2009-2009 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 08, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 15, 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/ Hubert X. Gyro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALED-Oi CE OF 11r, Fr ()n' , TAAY Zoos 0 _g PM 3. 49 44 MAY 13 2009 ROBERT M. PHILLIPS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TABITHA M. PLUMMER, NO. 2009-2009 Defendant IN CUSTODY PRIOR JUDGE: Kevin A. Hess COURT ORDER AND NOW, this s day of May, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Tabitha M. Plummer, and the father, Robert M. Phillips, Jr., shall enjoy shared legal custody of Madaline Viola Phillips, born January 11, 2008. 2. For purposes of physical custody, the following TEMPORARY custody order is entered: A. Mother shall enjoy primary physical custody of the minor child. B. Father shall enjoy periods of temporary physical custody as follows: i. On Thursday, May 14, from 9:00 a.m. until noon during which time father shall go to the mother's home, spend time with the mother and the child at the mother's home and also go with the mother to the babysitter for purposes of getting acquainted with the babysitter. ii. On Saturday, May 16, from noon until 5:00 p.m. at the mother's y home. AblvJ, iii. For the weeks of May 18 and May 25, father shall have a period of five hours three days a week with the minor child at such times as agreed upon by the parties. Father shall be able to take the child from the daycare for purposes of this visitation pursuant to a schedule arranged between the parties and with the mother's knowledge. 3. The parties shall meet again for a custody conciliation conference on Thursday, June 4, 2009, at 2:00 p.m. In the event the parties reach an agreement prior to this conciliation conference for the expansion of the time father has custody with the minor child, the parties may reduce that agreement to writing with the aid of Attorney Wolf and, in such event, the conciliation conference may be cancelled. It is anticipated that father's periods of temporary custody shall be expanded to include overnights as the parties move forward in the custody situation and assuming there are no problems with father exercising custody. 4. It is noted that there is a Protection From Abuse Order entered at 2009-0219 in Cumberland County. Father's exercise of custody under this order and the contacts father shall be having with the mother under this order for purposes of visiting with the child and making arrangements for visitation shall not be deemed to be a violation of the Protection From Abuse Order entered against father. 5. Neither parent shall be under the influence of alcohol during the time they exercise custody with the minor child. cc: Z, B. Wolf, Esquire ? Ms. Tabitha M. Plummer (26P! -f s BY THE COURT, Judge Kef6in A. Hess ROBERT M. PHILLIPS, JR., Plaintiff VS. TABITHA M. PLUMMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-2009 IN CUSTODY PRIOR JUDGE: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Madaline Viola Phillips, born January 11, 2008. 2. A Conciliation Conference was held on May 11, 2009, with the following individuals in attendance: The father, Robert M. Phillips, Jr., who appeared with his counsel, Stacy B. Wolf, and the mother, Tabitha M. Plummer, who appeared without counsel. 3. The parties agreed to the entry of an Order in the form as attached. i Date: May 2009 Hubert X. Gilroy, Esquire Custody Conciliator MAY 14 200S? JAMES V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2098 CIVIL ACTION LAW DEBRA SAVIDGE, IN CUSTODY Defendant ORDER OF COURT AND NOW this iw day of May 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, James Hoffman, and the Mother, Debra Savidge, shall have shared legal custody of Lauren Blake Savidge, born 01/13/2009. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her 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 of 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. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing 05/20/09, Father shall have physical custody of Lauren every Wednesday from 5:00 pm until 7:00 pm. Father has agreed to, and shall, provide the transportation picking Lauren up from day care and returning her to Mother's residence at 7:00 pm b. Commencing 05/24/2009, Father shall have physical custody of Lauren every other Sunday from 1:00 pm until 4:00 pm. This period of custody shall occur for the first month from the date of this Order. Father has agreed to, and shall, provide the transportation picking Lauren up from Mother's residence and returning her to Mother's residence. C. Commencing the second month from the date of this Order, Father shall have physical custody of Lauren every other Sunday from 1:00 pm until 5:00 pm. Father has agreed to, and shall, provide the transportation picking Lauren up from Mother's residence and returning her to Mother's residence. d. Commencing the third month from the date of this Order, Father shall have physical custody of Lauren every other Sunday from 1:00 pm until 7:00 pm. Father has agreed to, and shall, provide the transportation picking Lauren up from Mother's residence and returning her to Mother's residence. e. Father shall have physical custody of the Child at such other times as the parties may mutually agree. 3. Father shall by personally present, within reason, for his periods of physical custody of Lauren. 4. The parties have agreed, and shall not have Lauren engage in boating activities until she is age appropriate. 5. Pursuant to agreement and prior notice, Mother shall have the right to have a cursory visit of Father's residence to ascertain whether the residence is appropriate for Lauren. 6. Counseling: The parties have agreed, and are directed, to engage in therapeutic family counseling with a mutually-agreed upon professional. The focus of which is intended to address co-parenting issues. In the absence of agreement, the parties shall engage Kasey Shienvold. Mother shall initiate said counseling. The cost of said counseling, after appropriate payment through insurance, shall be split equally between the parties. 7. Father has agreed to, and shall, attend infant CPR and baby care classes. 8. Both parents shall be available by telephone when Lauren is in their respective care. 9. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 10. Holidays: The parents shall arrange/alternate the holiday schedule as mutually agreed. In the absence of mutual agreement, either party may contact the assigned conciliator directly for resolution of holiday concerns. 11. Neither parent or third parties shall smoke in confined places (e.g. in their residences or automobiles) while Lauren is in their care and custody 12. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other parry. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 13. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 14. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Neither parent, or anyone else transporting Lauren, shall consume alcohol within six hours prior to transporting the Child. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 15. It is anticipated that the parties come to a mutual agreement regarding expanding Father's custodial time with Lauren to include overnights; however should the parties not agree, either party, or their counsel, has the right to contact the assigned conciliator directly to schedule a conciliation conference. 16. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. By the Court, J. D' tnbution: "Z Levin, Esq. River Chase Office Center, 4431 North Front Street, Harrisburg, PA 17110 ,Singley, Esq. 63 W. High Street, Gettysburg, PA 17325 Mangan, Esq. sIt G'/C? ? P j-I 90 :S 1-:`1 S 8 1,W 6002 :Iru :J .), ?-'v {J- Did JAMES V. HOFFMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2098 CIVIL ACTION LAW DEBRA SAVIDGE, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL, PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Lauren Blake Savidge 01/13/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 13, 2009 with the following individuals in attendance: The Mother, Debra Savidge, with her counsel, Ann Levin, Esq. The Father, James Hoffman, with his counsel, Andrea Singley, Esq. 3. The parties agreed to the entry of an Order in the form as attached. r o . Date ?Usto 61 J. angan, Esquire y Conciliator SOVEREIGN BANK, PLAINTIFF V. VIKTOR KRAPOV, VERA KRAPOVA, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7377 CIVIL ORDER OF COURT AND NOW, this 14th day of May, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before June 4, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 1*\,A- M. L. Ebert, Jr., J. ? Francis S. Hallinan, Esquire Attorney for Plaintiff .,//V/Iktor Krapov Vera Krapov 1793 Cessna Street Carlisle, PA 17013 bas ?pl'e.S Y11G16L s/,S/op 8 0 .' R S 1 V 60oz STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 30 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ROBERT M. PHILLIPS, JR., Plaintiff V. : IN THE COURT OF COMA CUMBERLAND COUNTY, CIVIL ACTION - LAW :NO. 2009- 2009 PLEAS OF NSYLVANIA TABITHA M. PLUMMER, Defendant : CUSTODY STIPULATION 1. The parties shall have shared legal custody of their minor child, Madaline Viola Phillips (born January 11, 2008, age 1). 2. The parties shall have equal shared physical custody of the child by agreement. 3. The parties shall share physical custody of the child on holidays on an equal basis by agreement. 4. The Father shall always have custody of the child on Father's Day and the Mother shall always have custody of the child on Mother's Day. 5. The parties shall share transportation. 6. The parties shall have reasonable telephone contact with the child while the child is in the other's custody. 7. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. , ., .1 8. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. 9. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 11. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. 12. The parties desire that this agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. I -Ab 4. MUM- ad--A, A ?a, Robert M. Phillips, Jr. Tabitha M. Plummer OF THE PROT", MARY 20 JON --4 FM 1: 40 PENhSYI.Vt JUN 0-5,2009,6 ROBERT M. PHILLIPS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW TABITHA M. PLUMMER, NO. 2009-2009 Defendant IN CUSTODY ORDER AND NOW this day of June, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Z4 Hubert X. Custody C , Esquire FTLED40It= ICE OF THE PROTHONOTARY 2009 JUN -8 AM 10: 4 5 CUM?.+r U?eVTY FENNSYLV'1N?s to _ V JUN 0 5 2009y ROBERT M. PHILLIPS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TABITHA M. PLUMMER, : NO. 2009- 2009 Defendant : CUSTODY ORDER OF COURT AND NOW, this 9' day of ?'?-, , 2009 upon presentation and consideration of the attached Stipulation and Agreement, and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. ? Distribution: Stacy B. Wolf, Esquire For Plaintiff ,-`*'?Tabitha M. Plummer Pm Se `-fit QS /ha l LL BY THE COURT, FILED-OFFICE OF THE PPC T Hr."'NOTARY 2009 JUN -9 PM 2: S5 1.?-'`..as„liVt 1 rENN,YLVA VI.