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HomeMy WebLinkAbout06-4761Y. ? WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs VS. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 200'p CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiffs are Wesley T. Phillips and Sheri J. Phillips, husband and wife, residing at 37 Fox Hill Road, Shippensburg, PA 17257, Cumberland County. 2. The Defendants are Carol M. Brown residing at 1056 Dual Place, Apartment 1, Hagerstown, Mb 21740 and Christopher T. Phillips, AC03-21 INF MBN 222, P.1O. Box 339513, Ft. Lewis, Washington 98433-9513 3. The Plaintiffs seek custody of the following child: Name Present Address Age Kaden I. Phillips 37 Fox Hill goad 10 months Shippensburg, PA 17257 Born: 10/25/2005 The child was born out of wedlock. The child is presently in the custody of Wesley T. Phillips and Sheri J. Phillips, who reside'at 37 Fox Hill Road, Shippensburg, PA 17257. During the past five years, the child has resided with the following persons and at the following addresses: Carol M. Brown 1056 Dual Place, Apartment 1 October 2005 - Hagerstown, MIS 21740 April 2006 K Wesley T. Phillips 37 Fox Hill Road April 2006 - Sheri J. Phillips Shippensburg, PA 17257 August 2006 The mother of the child is Carol M. Brown, currently residing at 1056 Dual Place, Apartment 1, Hagerstown, MD 21740. She is single. The father of the child is Christopher T. Phillips, currently residing at AC03-21 INF MBN 222, P. O. Box 339513, Ft. Lewis, Washington 98433-9513. He is single. 4. The relationship of the plaintiffs to the child are that Wesley T. Phillips is the paternal Grandfather and Sheri J. Phillips is the paternal Step-grandmother. The plaintiffs currently reside with the following persons: Kaden I. Phillips 5. The relationship of the defendants to the child is that of Father and Mother. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term, number, and its relationship to this action is: Carol Marie Brown, Plaintiff vs. Christopher T. Phillips, Defendant in the Circuit Court for Washington County, Maryland, Case No. 21-C-05-23694-CT. Plaintiff has no information of a custody proceeding -2- I,* concerning the child pending in a court of this commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the parties have entered an Agreement, dated May 9, 2006, which superseded the prior Custody order entered in Washington County, Maryland, provided for shared legal custody of the child by the parties, primary physical custody of the child in the Plaintiffs and partial custody and visitation in the Defendants. The child continues to reside with the paternal Grandfather and paternal Step-grandmother pursuant to this 'Agreement. The Plaintiffs will file this Agreement contemporaneously with this Complaint, requesting it be entered as an order of Court. 8. 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, Plaintiffs requestthe Court to grant custody of the child to them. Attorney I.?#(b93-f3 10 West Hig treet Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs -3- .r 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. q r o? 4. PhJfi pV ?-r7-ob Sheri . Phillip d, Plaintiff -4-I P N rL ."?? -c5 is r: m r n?5 r'? X05 b ?u WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs VS. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIQQN - LAW : 200?j -L(7 b? CIVIL TERM CUSTODY CUSTODY AND GUARDIXNSHIP AGREEMENT FOR MINOR CHILD THIS AGREEMENT, made this 4?Ak day of May, 2006, by and among CAROL M. BROWN, single woman, of 1056 Dual Place, Apartment 1, Hagerstown, Maryland ,21740 (hereinafter "Mother"), CHRISTOPHER T. PHILLIPS, single man, AC03-21 INF MBN 222, P. O. Box 339513, Ft. Lewis, Washington 98433-9513 (hereinafter "Father"), and WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Husband and Wife, of 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257 (hereinafter "Paternal Grandparents"). WITNESSETH: WHEREAS, Kaden I. Phillips, a minor child, Social Security No. 218-73-8610, was born on October 24, 2005, and is presently residing with the Paternal Grandparents at 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257. WHEREAS, Carol M. Brown, an adult individual, is the natural Mother of Kaden I. Phillips; and WHEREAS, Christopher T. Phillips, an adult individual, currently on active duty with the Armed Forces of the United States of America, is the natural Father of Kaden I. Phillips; and WHEREAS, Wesley T. Phillips, is the Paternal Grandfather, and Sheri J. Phillips, is the Paternal step-Grandmother, of Kaden I. Phillips; and WHEREAS, the parties are in agreement that it is in the best interests of the minor child, at the present time, that he I continue to reside in the primary care and custody of the Paternal Grandparents. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1. Effective upon the execution and acknowledgement of this Agreement by all parties, the Paternal Grandparents shall be the guardians of the person of Kaden I. Phillips, a minor child, shall have primary physical custody of Kaden, and shall be primarily responsible for his care, control and supervision. 2. The Mother, Father, and Paternal Grandparents shall share joint legal custody of the minor child, and the Mother and Father shall have such rights of visitation and partial custody as the parties shall agree. 3. Neither the Father nor the Paternal Grandparents shall seek child support from the Mother. 4. Effective upon the execution and acknowledgement of this Agreement by all parties the Order of the Circuit Court for Washington County, Maryland, entered on April 26, 2006 to Case No. 21-C-05-23694-CT, a copy of which is attached hereto, made a part hereof and marked Exhibit "A", shall be void and of no further force and effect. 5. Effective upon execution and acknowledgement of this Agreement by all parties, the Court of Common Pleas of Cumberland County, Pennsylvania, shall have jurisdiction of any future proceedings involving custody and guardianship of Kaden I. Phillips, a minor child. 6. This Agreement may be entered as an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania, at the sole option and expense of the Paternal Grandparents. 7. This Agreement shall remain in full force and effect unless or until superseded by further written Agreement of the parties or order of Court. IN WITNESS WHEREOF, seals the day and year f witness: jr? TJ CA x/W [SEAL] Sheri Phillips' 00,\__n NI ( pl_u? [smL] the parties hereto set their hands and irst above written. [SEAL] Webley T Phillip h Ph / f? ?? Carol M. Brown 44M ???'l [SEAL] Chri topher T. P ips -3- I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANDw on this, the ?- day of May, 2006, before me, the undersigned officer, personally appeared Wesley T. Phillips and Sheri J. Phillips, husband and wife, known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. NCKARPLSEAL [SEAL) BONNE L COW.E. NOTARY PUBLIC DIM OF CARLISLE. CUM BERL4M CO. PA IAY 0=00" S MISS OCTOBER 17. EN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the day of May, 2006, before me, the undersigned officer, personally appeared Carol M. Brown, single woman, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. 12 ,VL4A_-? EALI NOTAFML SEAL NILO Ori$ NOTMW PUBLIC BOIIC?WMAN ON sd ?? 200 -4- ACKNOWLEDGEMENT on this ?.* day of May, 2006, before me, A ealrM C: 5'a,.,vel , the undersigned officer, personally appeared Christopher T. Phillip, Social Security No. 274-92-8276, known to me to be serving with the Armed Forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this Certification a commissioned officer of the rank stated below and is in the active service of the Armed Forces of the United States. Signature of Officer 2 Lr Abra Lam C. ?n»,vel 11&100n Ie.derr US ArMy, jjajr? IN THE CIRCUIT COURT FOR WASHINGTON COUNTY, MARYLAND CAROL MARIE BROWN PLAINTIFF V. " CASENO, 21-C-05-23694-CT w CHRISTOPHER PHILLIPS DEFENDANT " "swwwwwwwwww"+k*wws*ww"www"waw*wwwwwwwsw»?ww*www"www*wwwww"wwwwwwww""""wwwwwww?ww CUSTODY ANA VISITATION ORDER This matter having come before the Fatnily Law Master for hearing on the 12th day of April 2006, all pleadings, evidence and the Master's Proposed Findings and Recommendat?i ns having been read and considered, and no exceptions having been filed, it is thereupon this -2 - day of April 2006, by the Circuit Court for Washington County, Maryland; ORDERED, that Christopher Phillips is the biological father of the minor child, Kaden Phillips, born October 24, 2005; and it is Rather ORDERED, that the parties are jointly awarded legal custody of their one minor child, Kaden Phillips, born October 24, 2005, with primar}physical custody awarded to the Plaintiff, Carol Marie Brown, with reasonable rights of visitation granted to the Defendant, Christopher Phillips. Paternal grandfather, Wesley Phillips, and paternal step-grandmother, Sheri Phillips, are also entitled to reasonable visitation; and it is further ORDERED, that the issue of child support per Maryland guidelines is reserved. cc: Carol Brown Christopher Phillips Sheri Phillips Ek H tW LO'd ZD:OZ 9002 9 aeN 99L0-L69-LLL:xe d S53tldX3 lbU1N30 AUMN00 94?A 1.6S LTL ?t?t C rn s:.l i?-" Y)Y 1 co WESLEY T. PHILLIPS, SH E RI J. PHILLIPS, Plaintiffs AUG 16 200 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW :2006 -?j'j CIVIL TERM CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, : CUSTODY Defendants ORDER OF COURT NOW, this 2l" dayof /I„r,.r , 2006, upon presentation and consideration of the attached Custody and Guardianship Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. Distribution: Dale F. Shughart, Jr., Esquire For the Plaintiffs Christopher T. Phillips Defendant Pro Se Carol M. Brown Defendant Pro Se BY THE COURT, VNIA l kQNN3d -l- Ano -' ,qq KLNn.: --, ?, he :B HV ZZ 9nv 90ua AMONOMlWud 3H1 dO 3OLaO-allu IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, Defendants CIVIL ACTION - LAW IN CUSTODY No. 2006-4761 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KNIGHT & ASSOCIATES, P.C. SL/ '3?; - an M. Shultz, Esquire Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs CIVIL ACTION - LAW V. IN CUSTODY CHRISTOPHER T. PHILLIPS and No. 2006-4761 CAROL M. BROWN, Defendants EMERGENCY PETITION TO MODIFY CUSTODY AND NOW, this 4th day of May 2007, comes the Petitioner, Sheri J. Phillips, by and through her attorney, Sean M. Shultz, Esquire, and files the following Emergency Petition to Modify Custody and in support thereof avers as follows: 1. The Petitioner is Sheri J. Phillips, an adult individual residing at PO Box 331,13930- B Weaver Avenue, Maugansville, Maryland 21767. 2. Respondent Wesley T. Phillips is an adult individual residing at 37 Fox Hill Road, Shippensburg, Pennsylvania 17257. Respondent Christopher T. Phillips is an adult individual with an address of AC03-21 INF MBN 222, PO Box 338513, Ft. Lewis, Washington 98433-9513. Respondent Carol M. Brown is an adult individual residing at 252 South Mulberry Street, Hagerstown, Maryland 21740. 3. Petitioner seeks a modification of the Order of Court dated August 21, 2006, a copy of which is attached hereto and made a part hereof and is marked as Exhibit "A." 4. Respondents Christopher T. Phillips and Carol M. Brown are the natural parents of the following minor child: Name Present Residence Age Kaden I. Phillips 37 Fox Hill Road, Shippensburg, PA 1 Kaden was born out of wedlock. Kaden is presently in the physical custody of Respondent, Wesley T. Phillips. During the past five years Kaden has resided with the following persons and at the following addresses: a. From birth to December 15, 2005, with Respondent Carol M. Brown, her sister, her sister's boyfriend, and two children at Mayfair Avenue, Hagerstown, Maryland; b. From December 15, 2005, to January 3, 2006, with Petitioner and Respondent Wesley T. Phillips at 37 Fox Hill Road, Shippensburg, Pennsylvania; C. From January 3, 2006, to January 26, 2006, with Respondent Carol M. Brown and her aunt and uncle at 254 S. Mulberry Street, Hagerstown, Maryland; d. From January 26, 2006, to February 27, 2006, with Petitioner and Respondent Wesley T. Phillips at 37 Fox Hill Road, Shippensburg, Pennsylvania; e. From February 27, 2006, to April 21, 2006, with Respondent Carol M. Brown and an unknown roommate at Apt. 1, Dual Place, Hagerstown, Maryland, and with Respondent Carol M. Brown and her grandmother, grandfather, aunt and cousin, at 252 South Mulberry Street, Hagarstown, Maryland; f. From April 21, 2006, to October 12, 2006, with Petitioner and Respondent Wesley T. Phillips at 37 Fox Hill Road, Shippensburg, Pennsylvania; g. From October 12, 2006, to April 29, 2007, with Petitioner at 13930 Weaver Avenue, Maugansville, Maryland; and h. From April 29, 2007, to present with Respondent Wesley T. Phillips at 37 Fox Hill Road, Shippensburg, Pennsylvania. The mother of Kaden is Respondent, Carol M. Brown, who resides at 252 South Mulberry Street, Hagerstown, Maryland. The father of Kaden is the Respondent, Christopher T. Phillips, who is on active duty with the Armed Forces of the United States of America. 5. The relationship of Petitioner to Kaden is that of paternal step-grandmother. She is married to Respondent Wesley T. Phillips and currently resides alone. 6. The relationship of Respondent Wesley T. Phillips to Kaden is that of paternal grandfather. He is married to the Petitioner and currently resides with Kaden. 7. The Petitioner has previously participated in litigation concerning custody of the Kaden in this Court at the above-referenced docket. An Order of Court was entered on August 21, 2006. Said Order is cited in Paragraph 3 above and are attached hereto as Exhibit "A" and by reference incorporated herein. The Petitioner has no knowledge of any custody proceedings concerning the custody of Kaden pending before this or any other Court. The Petitioner does not know of a person not a parry to the proceedings who has physical custody of Kaden or claims to have custody or visitation rights with respect to Kaden. 8. On September 9, 2006, Respondent Wesley T. Phillips filed a Complaint in Divorce against Petitioner. Petitioner and Respondent Wesley T. Phillips live separate and apart. 9. Petitioner has been the primary caregiver for Kaden from the date of the Order of Court attached hereto. 10. Respondent Wesley T. Phillips has never cared for Kaden on a daily basis and does not have adequate resources to care for Kaden. 11. On April 29, 2007, Respondent Wesley T. Phillips had visitation with Kaden and refused to return him to the Petitioner. 12. Respondent Wesley T. Phillips works third shift and sleeps most of the day and is therefore generally unavailable to care for Kaden. 13. Kaden's safety is in jeopardy if Respondent Wesley T. Phillips is asleep during the day. 14. Petitioner has been the only stable parental resource in Kaden's life. 15. Respondent Wesley T. Phillips has taken Kaden from Petitioner in order to get a favorable resolution to the divorce action between the parties. 16. Respondent Wesley T. Phillips has taken Kaden as a means to wield control over Petitioner. 17. Petitioner requests the following changes be made to the August 21, 2006 Custody Order: a) Petitioner requests sole legal custody of Kaden; and b) Respondents shall be given periods of partial custody of Kaden as the parties can mutually agree. 18. Each parent whose parental rights to Kaden have not been terminated and the person who has physical custody of Kaden have been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of Kaden. 19. The best interests and permanent welfare of Kaden will be met if the custody order is modified as requested because: a) The Petitioner is a fit parent who can take care of Kaden; b) The Petitioner can provide Kaden with a home with adequate moral, emotional and physical surroundings as required to meet the his needs; C) The Petitioner has been the primary caretaker for Kaden since April 21, 2006; and d) The Petitioner continues to exercise parental duties and responsibilities and enjoys the love and affection of Kaden. WHEREFORE, the Petitioner respectfully requests Your Honorable Court modify the Custody Order dated August 21, 2007 as requested, and in the interim issue the attached proposed Order of Court requiring Respondent Wesley T. Phillips to immediately return Kaden to Petitioner. Respectfully submitted, KNIGHT & ASSOCIATES, P Sean M. Shultz, Esquire ?J Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition to Modify 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. Section 4904, relating to unsworn falsification to authorities. eri J. Philli x hibit "A" .? WESLEY T. PHU11PS3 SHERI J. PHILLIPS, ' Plaintiffs vs. anmSTOPFER T. PFULLIPS and CAROL. M BROWN, Defendants AUG i s 2aa1?yJ INS THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW 200 -'Y jCEVIL TERM CUSTODY ORDER. OF COURT NOW, this .21,. r day o£ , 2006, upon presentation and consideration of The attached Custody and Guardianship Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Coup. BY THE COURT, Distribution- Dale F. Shughai% Jr., Esquire Por the Plaintiffs Christopher T. Phillips Defendant Pro Se Carol M. Brown Defendant Pro Se J• 'RUE COPY FROlm. -AECORu in Teak" whereof, l here uift set ON hw and #0 $eal of said rA=Sw C*ft1e. P& ay _„_?L 0- LO'd LS:6 LOOZ Z AEW 99Z0-L65-L1L:X8J SS3adX3 lVdiN33 AVAN00 WESLEY T. PHILLIPS and IN THE COURT OF COMMON PLEAS SHERI J. PHILLIPS, : CR7 4BERTIAND COUNTY, PENNSYLVANIA Plaintiffs . CIVIL ACTION - LAW G VS. 20 0 - q'b CZ VIL TMRM -v CHRISTOPHER T. PHILLIPS and ? 1.. CAROL M. BROWN, CUSTODY Defendants {c? CD CUSTODY AND GUARDIANSHIP AGRB T FOR MINOR CHILD THIS AGRE$MENT, rnade this 4?Ak day of May, 2 0 0 6 , by and among CAROL M. BROWN, single woman, of 1056 Dual. Place, Apartment 1, Hagerstown, Maryland 21740 (hereinafter "Mother"), CHRISTOPHER T. PHILLIPS, single man, AC03-21 INF MBN 222, P. O. Box 339513, Ft. Lewis, Washington 98433-9513 (hereinafter "Father"), and WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Husband and Wife, of 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania, 17257 (hereinafter "Paternal Grandparents") _ WITNESSETH: WHEREAS, Kaden I. Phillips, a minor child, Social. Security No. 218-73-8610, was born on October 24, 2005, and is presently residing with the Paternal Grandparents at 37 Fox Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257. WHEREAS, Carol M. Brown, an adult individual., is the natural. Mother of Kaden I. Phillips; and WHEREAS, Christopher T. Phillips, an adult individual, currently on active duty with the Armed Forces of the United States of ,America, is the natural Father of Kadea I. Phillips; and. WHEREAS, Wesley T. Phillips, is the Paternal Grandfather, and Sheri J. Phillips, is the Paternal step-Grandmother, of Kaden I. Phillips; and WHEREAS, the parties are in agreement that it is in the best interests of the minor child, at the present time, that he ZO 'd L5 :6 LOOZ Z ABW 9920-L65-L LL : Xe3 SS38dX3 lba1N33 AVAN03 continue to reside in the primary care and custody of the paternal Grandparents. xow, TZEREFOR.E, the parties hereto, intending to be legally bound hereby, do covenant and agree as follows: 1, Effective upon the execution and acknowledgement of this Agreement by all parties, the Paternal Grandparents shall be the guardians of the person of Kaden 1. Phillips, a minor child, shall have primary physical custody of Baden, and shall be primarily responsible for big care, control and supervision. 2. The Mother, Father, and Paternal Grandparents shall share joint legal custody of the minor child, and the Mother and Father shall have such rights of visitation and partial custody as the parties shall agree. 3. Neither the Father nor the Paternal Grandparents shall seek child support from the Mother. 4. Effective upon the execution and acknowledgement of this Agreement by all parties the order of the Circuit Court for Washington County, Maryland, entered on April 26, 2006 to Case No. 21-C-05-23694--CT, a copy of which is attached hereto, made a part hereof and marked Exhibit "A", shall be void and of no further force and effect. 5. Effective upon execution and acknowledgement of this Agreement by all parties, the Court of Common. Pleas of Cumberland county, Pennsylvania, shall have jurisdiction of any future proceedings involving custody and guardianship of laden I.. Phillips, a minor child. 6. This Agreement may be entered as an order of Court in the Court of Common. Pleas of Cumberland County, Pennsylvania, at the sole option and expense of the Paternal Grandparents. 7. This Agreement shall remain in full force and effect unless or until superseded by further written Agreement of the SO'd L5:6 LOOZ Z AeW 99ZO-L65-LLL:Xe3 SS38dX3 ld81N33 AVMN03 parties or order of Court. IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year Witness; / first above written. EsEA,) Wesley T. Phillips. U [SE.AL] Sheri, Phillips Oaxn Jel u \ C S EAL ) Carol M. Brown C ? &e?- [SEAL] Chxiftopher T. P1 lips l ACKNOWL,EDGMMNT on this fh day of May, 2006, before me, ,d??G?? C: ?'aMU l the undersigned officer, personally appeared Christopher T. Phillip, Social Security go. 274-42-8275, known to me to be serving with the Armed Forces of the United States and to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. And the undersigned does further certify that he is at the date of this Certification a commissioned officer of the rank.stated below and is in the active service of the Armed Forces of the united States. Signature of officer 2 IT ?! bra Lk,! C . ?e vt I Pfa?oo., ? ea der?L, US ?rM?r. 1?n ?a,,?r7 -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs CIVIL ACTION - LAW V. IN CUSTODY CHRISTOPHER T. PHILLIPS and No. 2006-4761 CAROL BROWN, Defendants CERTIFICATE OF SERVICE AND NOW1 this 4`' day of May, 2007, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Emergency Petition to Modify Custody by both regular and certified, restricted delivery (return receipt requested) first class, United States Mail, postage pre-paid, addressed as follows: Wesley T. Phillips 37 Fox Hill Lane Shippensburg, Pennsylvania 17257 Christopher T. Phillips AC03-21 INF MBN 222 PO Box 338513 Ft. Lewis, Washington 98433-9513 Carol M. Brown 252 South Mulberry Street Hagerstown, Maryland 21740 Respectfully submitted, KNIGHT & ASSO TE C. n M. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorney for Petitioner F:\User Folder\Firm Docs\Gendocs2007\3 999-3emergency.petition. custody. wpd f? J L Sul V WESLEY T. PHILLIPS AND SHERI J. IN THE COURT OF COMMON PLEAS OF PHILLIPS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-4761 CIVIL ACTION LAW CHRISTOPHER T. PHILLIPS AND CAROL BROWN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 16, 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 Thursday, June 14, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children a. -e 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. 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 FOR'T'H 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 ?w co - Av4 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH WESLEY T. PHILLIPS and SHERI J. PHILLIPS Plaintiffs VS. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN Defendants * Civil Action - Law * * * * No. 2006-4761 * * * * Custody NOTICE TO PLEAD To the Above Named Plaintiff: Sheri J. Phillips Plaintiff. Wesley Phillips Defendant: Christopher Phillips You are hereby notified that you are required to plead to the within Answer and New Matter and Counterclaim, within Twenty (20) days after the service hereof upon you, or a default judgment may be entered against you. ?Q K. Reed, Esquire ey for Carol Brown IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH WESLEY T. PHILLIPS and * Civil Action - Law SHERI J. PHILLIPS Plaintiffs * vs. * No. 2006-4761 * CHRISTOPHER T. PHILLIPS and CAROL M. BROWN Defendants * Custody ANSWER TO EMERGENCY PETITION TO MODIFY CUSTODY AND NEW MATTER - COUNTERCLAIM FOR PRIMARY LEGAL AND PHYSICAL AND NOW comes the Defendant, Carol Brown, by and through her attorney, James K. Reed, Esquire, who states the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, the paternal grandparents have separated. Petitioner has no blood relationship to the child. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. The Petitioner and Respondent jointly cared for the minor child. 10. Denied. Respondent does care for the minor child. 11. Admitted. 12. Admitted in part, denied in part. It is admitted that Respondent works third shift. It is denied that that Respondent is unavailable to care for the minor child. 13. Denied. The minor child's safety is not in jeopardy while residing with Respondent. 14. Denied. Respondent has been a stable parental resource in the Kaden's life. 15. Denied. Respondent's desire to have the minor child in his care has absolutely nothing to do with the parties' pending divorce. 16. Denied. Respondent is caring for the minor child because Kaden is his grandson. The Petitioner is a "step-grandmother" and is not even a blood relative. Her rights to the child should be terminated. 17. Denied. Petitioner should not be granted sole custody of Kaden. In fact, all her rights as a step-grandparent should be terminated. 18. Admitted. 19. Denied. a) Denied. Petitioner is not a blood relative to Kaden and should not be caring for him. b) Denied. Respondent Phillips and Respondent Brown should be caring for the child, as they are blood relatives. c) Denied. The Petitioner and Respondent Phillips jointly cared for the minor child. d) Denied. WHEREFORE, Respondent Brown respectfully requests that this Honorable Court grant sole legal custody of the child to her. NEW MATTER: COUNTERCLAIM FOR PRIMARY LEGAL AND PHYSICAL CUSTODY AND NOW comes the Defendant, Carol Brown, by and through her attorney, James K. Reed, Esquire, who states the following: 20. Paragraphs 1 through 19 of Petitioner's Emergency Petition to Modify Custody are incorporated by reference herein. 21. That the reason Kaden was in the care of Plaintiffs was because Ms. Brown was not able to care for her son at that time she entered into the agreement with them. 22. That Defendant, Carol Brown, is no longer receiving treatment for depression and is now able to care for her son. 23. The best interest and permanent welfare of Kaden will be met if the custody order if modified as requested because: a) The minor child should be in the primary care and custody of his natural mother, Carol Brown; b) That Ms. Brown can provide Kaden with a stable home; C) That Ms. Brown loves her son and wants to raise him; d) That Petitioner, Sheri Phillips, is the step-grandmother to the child and not a biological relative. WHEREFORE, Defendant, Carol Brown, respectfully requests: A. That she and Defendant, Christopher Phillips, be awarded joint legal custody of Kaden with Ms. Brown having primary physical custody of Kaden; and B. That Defendant, Christopher Phillips, shall have visitation with Kaden when he is on leave from the military. Respectfully Submitted, dies K. Reed, Esquire ttorney for Defendant 1101 Opal Court Hagerstown, MD 21740 (301) 714-1141 I verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 42 Pa. C.S. A.Section 1024 relating to unsworn falsification to authorities. Date: ?_-f Carol Brown II . CERTIFICATE OF SERVICE AND NOW this day of May 2007, I, James K. Reed, hereby certify that I have this day served the aforementioned Answer and Counterclaim by regular first-class mail, postage prepaid, addressed as follow: Wesley Phillips 37 Fox Hill Lane Shippensburg, PA 17257 Christopher Phillips AC03-21 INF MBN 222 P.O. Box 338513 Ft. Lewis, Washington 98433-9513 Sean M. Shultz, Esquire Attorney for Petitioner 11 Roadway Dr., Suite B Carlisle, PA 17015 Respectfully Submitted, fifes K. Reed, Esquire //Attorney for Defendant 1101 Opal Court Hagerstown, MD 21740 (301) 714-1141 t_a y. ?rn r0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, Defendants CIVIL ACTION - LAW IN CUSTODY No. 2006-4761 CERTIFICATE OF SERVICE AND NOW, this -% 'day of June, 2007, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Emergency Petition to Modify Custody filed in the above-referenced matter. The Petition was mailed on March 16, 2007, but actual service took place on May 4, 2007, by Defendant signing for a copy of the Petition which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Carol M. Brown 252 South Mulberry Street Hagerstown, Pennsylvania 21740 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, KNIGHT & ASSOCIATES, P. FAUser Folder\Firm Dms\Ce does200T3999-3c .service.brow ..pd Sean M. Shultz Esquire , Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff Sheri J. Phillips c ? L„ b ° Eo o x 0 aq ?v Y IT 0 tr m ° C? ? xg ? vJ tom' o 0-o Q? O ys a-? ti ro y0 , c C) 0 ? -rt ' t . -Ti _ T, Fl CY? N ? JUN IS 2007.P , WESLEY T. PHILLIPS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA SHERI J. PHILLIPS, Plaintiff/Petitioner : NO. 2006-4761 CIVIL ACTION - LAW Vi. CHRISTOPHER T. PHILLIPS . and CAROL BROWN, : IN CUSTODY Defendants/Respondents ORDER OF COURT AND NOW, this /d'` day of <&, , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The prior Order of Court dated August 21, 2006 is hereby vacated. 2. The Mother, Carol Brown and the Father, Christopher T. Phillips, shall have shared legal custody of Kaden I. Phillips, born October 24, 2005. 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. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody at times as agreed by the Mother and Father when he is on military leave. ?? F;(;.??y, ?'? -',?? ?? ' .?,3r r ?.,,,?,',?,. 5. Paternal step-grandmother shall have partial physical custody of the child on the second weekend of every month from Friday at 5:00 p.m. to Sunday at 5:00 p.m. She shall also have two non-consecutive weeks of physical custody during the year not in conjunction with holidays, provided she give 30 days prior notice to Mother. Paternal step-grandmother shall be responsible for all transportation. 6. Paternal grandfather shall have partial physical custody of the child on the fourth weekend of every month from Saturday at 9:00 a.m. to Sunday at 5:00 p.m. He shall also have two non-consecutive weeks of physical custody during the year, not in conjunction with holidays, provided he give 30 days prior notice to Mother. Paternal grandfather shall be responsible for all transportation. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -'x " - W1 Kevin A. ess, can Shultz, Esquire, Counsel for pate al step-grandmother m Reed, Esquire, Counsel for Moth ?4esley T. Phillips, pro se 37 Fox Hill Road Shippensburg, PA 17257 Christopher T. Phillips, pro se AC03-21 INF MBN 222 P.O. Box 338513 Ft. Lewis, WA 98433 A n _. J. WESLEY T. PHILLIPS, Plaintiff/Respondent SHERI J. PHILLIPS, Plaintiff/Petitioner V. CHRISTOPHER T. PHILLIPS and CAROL BROWN, Defendants/Respondents PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4761 CIVIL ACTION - LAW : IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Kaden I. Phillips DATE OF BIRTH CURRENTLY IN CUSTODY OF October 24, 2005 paternal grandfather 2. A Conciliation Conference was held in this matter on June 14, 2007, with the following in attendance: The paternal step-grandmother, Sheri J. Phillips, with her counsel, Sean Shultz, Esquire; paternal grandfather, Wesley T. Phillips, pro se; Mother, Carol Brown, with her counsel, Jim Reed, Esquire. Father is deployed with the military and was advised of the conference but did not appear. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated August 21, 2006 providing for shared legal custody among the four parties, Paternal grandparents having primary physical custody and the parents having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. -(g --07 ?A Date ac eline M. Verney, Esquire Custody Conciliator 0 . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. CHRISTOPHER T. PHILLIPS and CAROL M. BROWN, Defendants CIVIL ACTION - LAW IN CUSTODY No. 2006-4761 PRAEME TO THE PROTHONOTARY: Please change the above caption to exclude Defendant Carol M. Brown. Ms. Brown is deceased. a1zslos Respectfully submitted, KNIGHT & ASSOCIATES, P. - ----- Attorney ID No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17015 (717) 249-5373 Attorneys for Plaintiff Sheri J. Phillips FAUser Folder\Firm Docs\C1iients Files\3999-3 Sheri Phi1lips\Documents\praecipe.1.wpd I%. WESLEY T. PHILLIPS and SHERI J. PHILLIPS, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY CHRISTOPHER T. PHILLIPS and No. 2006-4761 CAROL M. BROWN, Defendants CERTIFICATE OF SERVICE AND NOW, this 28th day ofApril, 2008, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following with a copy of the foregoing Praecipe by first class, United States Mail, addressed as follows: Wesley T. Phillips 37 Fox Hill Road Shippensburg, Pennsylvania 17257 Plaintiff Christopher T. Phillips AC03-21 1NF MBN 222 PO Box 338513 Ft. Lewis, Washington 98433 Defendant James K. Reed, Esquire 1101 Opal Court Hagerstown, Maryland 21740 Attorney for Defendant Carol M. Brown Respectfully submitted, KNIGHT & ASSSSOCIATE eanM. Shultz, Esquire Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Petitioner N ? o :. C-D f WESLEY T. PHILLIPS AND SHERI J PHILLIPS PLAINTIFF V. CHRISTOPHER T. PHILLIPS DEFENDANT IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA 2006-4761 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, May 02, 2008 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 Monday, June 02, 2008 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 girounds 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 ? , 1, ? /, /?,?; I " r Te I r' . { JUN 0 3 2008 WESLEY T. PHILLIPS, Plaintiff/Respondent SHERI J. PHILLIPS, Plaintiff/Petitioner V. CHRISTOPHER T. PHILLIPS Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4761 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 6 -0 day of QUAA. , 2008, upon consideration of the attached Custody Concil' tion Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , `/ , of the Cumberland County Court House, on the / 3t4' day of , 2008, at 2; Lk o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing, the step-Grandmother 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 five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the provisions of the prior Order of Court dated June 18, 2007 as to Grandmother's periods of partial physical custody shall remain in full force and effect. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Sean Shultz, Esquire, counsel for step-( Wesley T. Phillips, Grandfather, pro se 1337 Memory Lane / Chambersburg, PA 17201 Christopher T. Phillips, Father, pro se 2/2 SCR Dog Co Unit #42542 APO, AE 09336 !!S Hess, J. Ll u?na?a n _n?.. CS.-I'm S-IWNK 'W'C%r 40 K WESLEY T. PHILLIPS, Plaintiff/Respondent SHERI J. PHILLIPS, Plaintiff/Petitioner V. CHRISTOPHER T. PHILLIPS Defendant/Respondent PRIOR JUDGE: Kevin A. Hess, J. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-4761 CIVIL ACTION - LAW : IN CUSTODY 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 Kaden I. Phillips October 24, 2005 Grandfather 2. A Conciliation Conference was held June 2, 2008 with the following individuals in attendance: The step-grandmother, Sheri J. Phillips, with her counsel, Sean Shultz, Esquire, and Grandfather, Wesley T. Phillips, pro se. Father, Christopher T. Phillips, although notified of the conference did not appear. Grandfather advised that he is currently deployed with the United States Army. Mother, Carol Brown is deceased. 3. The Honorable Kevin A. Hess, Jr. previously entered an Order of Court dated June 18, 2007 providing for Mother and Father to have shared legal custody, Mother having primary physical custody, Father having periods of partial physical custody while on leave. Grandmother had partial physical custody one weekend per month and two non-consecutive weeks during the year. Grandfather also had one weekend per month and two non-consecutive weeks during the year. 4. Mother had been living in Maryland at the time of her death and the county Children & Youth agency contacted grandfather to take care and custody of the child. A Court Order was entered in Maryland in the juvenile action granting Grandfather care and custody because Father was deployed in the military. Grandfather lives in Chambersburg. 5. Grandmother's position on custody is as follows: She seeks the current Court Order to be enforced. She alleges that since Grandfather received care and custody he has refused to honor the Court Order of June 18, 2007. 6. Grandfather's position on custody is as follows: Grandfather asserts that Grandmother needs to contact the Father to obtain his agreement to her periods of custody. Grandfather does not want to do anything to alienate Father in the custody matter. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing on Mother's Petition for Contempt. The prior Order of Court should remain in full force and effect as to Grandmother's right to partial physical custody. It is expected that the hearing will require one hour. -3 - b g Date M, V cq ine M. Verney, Esquire Custody Conciliator *A 1 WESLEY T. PHILLIPS, Plaintiff/Respondent: SHERI J. PHILLIPS, Plaintiff/Petitioner: V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTOPHER T. PHILLIPS, . CIVIL ACTION - LAW Defendant/Respondent: NO. 2006-4761 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 13th day of August, 2008, the Court being satisfied that there is a prima facie case that Wesley T. Phillips is in violation of our prior order of court, a contempt citation is issued. The Respondent, Wesley T. Phillips, is ordered and directed to appear for a hearing to show cause why he should not be adjudicated in contempt of court on Friday, September 12th, 2008, at 3:30 p.m. By the Court, Xan M. Shultz, Esquire For the Petitioner vV"esley T. Phillips 1337 Memory Lane Chambersburg, PA 17201 l ,4ehristopher T. Phillips 1337 Memory Lane Chambersburg, PA 17201 :lfh Kevi A. Hess, J. v46 WESLEY T. PHILLIPS, Plaintiff/Respondent SHERI J. PHILLIPS, Plaintiff/Petitioner V CHRISTOPHER T. PHILLIPS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-4761 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 12th day of September, 2008, after hearing, we take the matter of the adjudication of Wesley T. Phillips in contempt under advisement. We order and direct that Sheri J. Phillips shall commence her rights of partial custody in the child, Kaden L. Phillips, born October 24, 2005, commencing with the weekend of Friday, October 3, 2008, unless prior thereto the father, Christopher T. Phillips, has commenced an action to modify the existing custody order and has obtained a stay of this order granting partial custody on the first weekend of October. By the Court, ? Sean M. Shultz, Esquire For the Petitioner XWesley T. Phillips 1337 Memory Lane Xhristopher Chambersburg, PA 17201 T. Phillips 1337 Memory Lane Chambersburg, PA 17201 :bg Q/« l 08 Kevi A. Hess, J. VNVA. [ASNN3d SO :QI WV L I d3S 8002 31HI 20 WESLEY T. PHILLIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA SHERI J. PHILLIPS, Plaintiff/Petitioner CIVIL ACTION - LAW vs. : NO. 2006-4761 CIVIL CHRISTOPHER T. PHILLIPS, Defendant/Respondent IN RE: PETITION FOR CONTEMPT ORDER AND NOW, this day of September, 2008, after hearing and consideration of the testimony adduced, the petition for contempt against Wesley T. Phillips is DISMISSED. BY THE COURT, ? Sean M. Shultz, Esquire /For the Petitioner ? Wesley T. Phillips 1337 Memory Lane CChambersburg, PA 17201 ? Christopher T. Phillips 1337 Memory Lane Chambersburg, PA 17201 :rlm CT t E.T t LL 9/' ?1CY3 9 Z .C Wd L I d3S GOOZ AdVitr C l l d 3Hl J® 3Oll -40 -0-i 1»