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HomeMy WebLinkAbout99-07432 (2) h N L -41 L P.: V: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF - PENNA. y?4 1 Donald F. Foster Jr. No. 99 - 7432 . Plaintiff VERSUS Michelle R. Foster Defendant DECREE IN DIVORCE AND NOW, - L? , 2.vW , IT IS ORDERED AND DECREED THAT Donald F. Foster, Jr. ,PLAINTIFF, Michelle R. Foster DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY?TJH E A-OU RT: / `4/ ATT T: J. PROTHONOTARY I ?.;x??co ? any";.??'? '?? i?:? L,:.?9C? i7c?o .r?J ? ??? ?cG DONALD F. FOSTER, JR. Plaintiff V. MICHELLE R. FOSTER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 7432 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. The Complaint was served upon and accepted by the Defendant on December 13, 1999. 3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on June 15, 2000. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on March 23, 2000. 5. There are no related claims pending. Respectfully submitted, i BY: Samuel V?r. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 ..C? N 7 - N 5 7 = 7 =? `.I w n .`i cj to "'7t! 1 it DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99- ?KCIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE AND NOW, this A3 day ofd, 1999upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 1:) the Conciliator, at 3W. Ma,C'V A. on the day of Q-, at o'clock -.m., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator v C.? YOUR 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 J DONALD F. FOSTER, JR., Plaintiff v MICHELLE R. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,1143A- No. 99- IVIL TERM IN DIVORCE NoTT(`P To nP.PPNTI ANTI (.T ATn4 RT( T4TR You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TARE 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 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-11?CIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE 1. Plaintiff is Donald F. Foster, Jr., who resides at 155 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Michelle R. Foster, who resides at 166 Castle Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 8, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Forces of the United States. 9. The parties have been separated since April 1997. 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests of this Honorable Court that it enter a decree of divorce, based upon the mutual consent of the parties or based upon the fact that the parties have been separated for a period in excess of two years. 11. The averments set forth in paragraphs 1- 10 above are hereby incorporated by reference. 12. Plaintiff seeks primary physical custody of the daughter of the parties, SAMANTHA MAY FOSTER, born August 2, 1994. The child was born out of wedlock, and the parties married after that date. The child is presently in the primary physical custody of plaintiff. Since her birth, the child has resided with the following persons and at the following addresses: From August 1994 through October 1994, the child resided with the mother and father at 352 Old Stonehouse Road, Carlisle, Pennsylvania; From October 1994 through March 1995, the child resided with the mother and father at Herman Drive, Lemoyne, Pennsylvania; From March 1995 through October 1995, the child resided with the mother and father at 480 Berkshire Lane, Mechanicsburg, Pennsylvania; From October 1995 through December 1995, the child resided with mother and father at their separate residences, mother at an address in Dillsburg, Pennsylvania, where she lived with a boyfriend, Dennis, and father at 480 Berkshire Lane, Mechanicsburg, Pennsylania; From December 1995 through April 1996, the child resided with the mother and father at 480 Birkshire Lane, Mechanicsburg, Pennsylania; From April 1996 through March 1997, the child resided with the mother and father at 166 Castle Drive, Mechanicsburg, Pennsylvania; From March 1997 until May 1997, the child resided primarily with mother at 166 Castle Drive, Mechanicsburg, Pennsylvania; From May 1997 through September 1997, the child resided primarily with mother at an unknown address in Harrisburg, Pennsylvania; From September 1997 until February 1999, the child resided primarily with mother and her boyfriend, Bob, in Dillsburg, Pennsylvania; From February 1999 through June 9, 1999, the child resided primarily with father, at 1508 State Road, Duncannon, Pennsylvania; From June 9, 1999 through July 9, 1999, the child resided with a paternal aunt in Utah; From July 9, 1999 through July 31, 1999, the child resided off and on with mother and with father at their residences, the father at 155 Salem Church Road, Mechanicsburg, and the mother at 166Castle Drive, Mechanicsburg, Pennsylvania, on roughly an equal basis; From August 1, 1999 through the present, the child has resided with the father and his girlfriend, Beth Chase, at 155 Salem Church Road, Mechanicsburg, Pennsylvania; 13. The mother of the child is defendant, Michell R. Foster. She is married to the plaintiff. 14. The father of the child is the plaintiff, Donald F. Foster, Jr. He is married to the defendant. 15. The defendant is the child's biological mother, residing at the address stated above. It is not known whether she resides with anyone else. 16. The plaintiff is the child's biological father, residing at the address stated above, with his fiancee, Beth Chase. 17. 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. 18. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims at this time to have custody or visitation rights with respect to the child. 20. The best interests and permanent welfare of the child will be served by granting primary physical custody to the plaintiff/father and the right of partial custody to defendant/mother, because plaintiff/father has been the primary caretaker of the child for the past eight months and can best offer the child the loving stable homelife that will be in her best interests. WHEREFORE, plaintiff requests this Honorable Court grant him primary physical custody of his daughter, subject to reasonable partial custody rights to be awarded to the defendant. Respectfully submitted, BY: Samuel . Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 A I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein n uare made subject to the nsworn falsification to penalties of 18 Pa.C.S. Section 4904, relating authorities. Dated: \4ZA ( / DONALD F. OSTER, JR. DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v V. No. 99-11 CIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE Donald F. Foster, Jr., Plaintiff herein, hereby states and certifies as follows: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. Dated: DONALD F. FOSTER, JR. - r ? X4 DONALD F. FOSTER, JR., Plaintiff V. MICHELLE R. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99- 7432 CIVIL TERM IN DIVORCE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 13, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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 un.iworn falsification to authorities. Date: ?0 I.5 0OlTr(l?i?'? Donald F.'Fooster, Jr., Plaintiff T ? L CIQ L y J N S? Q = 3 CJ DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99 - 7432 CIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE 1. A Cumplaint in divorce under Section 3601(c) of the Divorce Code was filed on December 13, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit 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. -,?r?-L?<- -YI7'/ Date: J?c1'?- --C?d clY1.4 Michelle R. Foster, Defendant ,> ?: ? ? ? . . - ._ ; -_? _ _?, ? ? ?__ ?? ..'s ?, ?, DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v : No. 99 - 7432 CIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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: onald F. Foster, Jr. F, z f? C7J - C\j 5z, E7w - ra y ` o U DONALD F. FOSTER, JR., Plaintiff v MICHELLE R. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 7432 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit 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: z. 3 o c, ? Michelle R. Foster `' =' ?; - ?;, _- ;?: ?J _1 .._ !?": C_ "jLJ _ ,L '.? _.) . :J DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99- 14CIVIL TERM MICHELLE R. FOSTER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Samuel W. Milkes, hereby certify that a certified copy of the Divorce Complaint, in the above captioned matter, was duly served by me upon the defendant, Michelle R. Foster, by hand-delivery, on December 13, 1999. I hereby verify that the statements made in the foregoing 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. Dated: v'``-\`9-(? Samuel. M' es, Esquire JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 0!1^? DONALD F. FOSTER, JR., Plaintiff VS. MICHELLE R. FOSTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this Z 4 day of `GGn/u y , 2000, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The parties and counsel shall attend a second Custody Conciliation Conference in the office of the Conciliator, Dawn S. Sunday, Esquire, on Monday, February 28, 2000, at 1:00 p.m. 2. Pending the second Custody Conciliation Conference, the parties shall have custody of the Child in accordance with the following schedule: A. The Father, Donald F. Foster, Jr., and the Mother, Michelle R. Foster, shall have shared legal custody of Samantha May Foster, born August 2, 1994. 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 her health, education and religion. B. The Father shall have primary physical custody of the Child. C. The Mother shall have partial physical custody of the Child on alternating weekends, beginning January 28, 2000, from Friday after school through the following Monday when the Mother shall transport the Child to kindergarten. In addition, the Mother shall have custody of the Child every Wednesday from after school through the following Thursday morning, when the Mother shall transport the Child to day care by 9:00 a.m. 3. The parties shall communicate directly with each other concerning custody and other issues related to the Child. .- 1 r .l? 4. Each party shall ensure that the other party has his or her current address and telephone number. BY THE COURTi cc: Samuel W. Milkesr Esquire - Counsel Michelle R. Foster, Mother J. Father /YYLA?CA 2 -2-00 R?s DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7432 CIVIL TERM MICHELLE R. FOSTER, CIVIL ACTION - LAW Defendant 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 Samantha May Foster August 2, 1994 Father 2. A Conciliation Conference was held on January 27, 2000, with the following individuals in attendance: The Father, Donald F. Foster, Jr., with his counsel, Samuel W. Milkes, Esquire, and the Mother, Michelle R. Foster, who was not represented by counsel at the Conference. 3. The parties agreed to entry of an order in the form as attached. rJ Civlu Cw r_ a CUC ?? ('? f Date d-? Dawn S. Sunday, Esquire Custody Conciliator DONALD F. FOSTER, JR-i : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7432 CIVIL TERM MICHELLE R. FOSTER, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this q ~ day of M 4n-&4- , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ?1. The prior order of this Court, dated February 2, 2000 is vacated and replaced with this Order. 2. The Father, Donald F. Foster, Jr., and the Mother, Michelle R. Foster, shall have shared legal custody of Samantha May Foster, born August 2, 1994. 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 her health, education, and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child on alternating weekends from Friday after school through Monday before day care. During weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Child from after school on Wednesday through Friday before day care. During weeks following the Father's weekend periods of custody, the Mother shall have custody from Wednesday after school through Thursday before school. The Mother may retain custody of the Child on Thursdays before school, rather than taking her to day care. B. The Father shall have custody of the Child at all other times not specified for the mother. 4. The parties shall share or alternate having custody of the Child on holidays as follows: ,. A. CHRISTMAS - The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS - The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during segment A in even numbered years and during segment B in odd numbered years. C. ALTERNATING HOLIDAYS - The parties shall alternate having custody of the Child on the following holidays: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The alternating schedule shall begin with the Father having custody of the Child on Easter in 2000. The holiday periods under this provision shall run from 6:00 p.m. on the evening before the holiday through 6:00 p.m. on the holiday if the Child does not have school the following. If the Child does have school on the day after the holiday, the period of holiday custody shall run through the beginning of school. The period of custody over the July 4th holiday shall continue until after the fireworks. D. MOTHER'S DAY/FATHER'S DAY: The mother shall have custody of the Child every year on Mother's way and the Father shall have custody of the Child every year on Father's Day. The periods of custody under this provision shall run from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday. E. In the event a period of holiday custody falls immediately before or after a party's period of regular custody, the period of regular/holiday custody shall run continuously. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 non-consecutive weeks each summer. The parties shall notify each other of the dates selected under this provision by May 1 in 2000, and by April 1 in subsequent years. The party providing notice first shall be entitled to preference in her or his selection of dates. The parties agree that the Child may visit her paternal aunt in Utah for up to 2 weeks each summer, with the specific dates for the Utah trip to be selected within 2 weeks after both parties have selected their respective vacation dates. Both parties shall be entitled to have telephone contact with the Child while V'=T'a she is in Utah at least every 3 days. 6. The parties shall communicate directly with each other concerning custody and other issues related to the Child. 7. Each party shall ensure that the other party has his or her current address and telephone number. 8. In the event either party removes the Child from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Child can be reached. 9. 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, Kevin Hess, cc: Samuel W. Milkes, Esquire - Counsel for Father Julie McConahy, Esquire - Counsel fo Mother DONALD F. FOSTER, JR., Plaintiff Vs. MICHELLE R. FOSTER, Defendant PRIOR JUDGE: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM : CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH C MHmd AND 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 August 2, 1994 Father Samantha May Foster 2. A Conciliation Conference was held on February 28, 2000, with the following individuals in attendance: The Father, Donald F. Foster, Jr., with his counsel, Samuel W. Milkes, Esquire, and the Mother, Michelle R. Foster, with her counsel, Julie McConahy, Esquire. 3. The parties agreed to entry of an order in the form as attached. /'V??a.1? ? Yf.CiV /l/!iL Ll/l?.iy-Fl`/J/i Dawn S. Sunday, Esquire Date Custody Conciliator DONALD F. FOSTER, JR., PLAINTIFF VS. MICHELLE R. FOSTER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99.7432 CIVILTERM : CIVIL ACTION -LAW : CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Michelle R. Foster. Respectfully submitted, Dated: September Z, 2001 LAW FIRM OF SUSAN KAY Susan Kay Candi o, qi PA I. D. # 64998 5021 East Trindl d Suite 100 Mechanicsburg PA 17050 (717) 796-1930 P.C. 1_1 t- C) r= L =7 ?. :.. CD - CO ..?L , LLj > O U DONALD F. FOSTER, IR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 99-7432 CIVILACTIONLAW MICHELLE R. FOSTER DEFENDANT IN CUSTODY AND NOW, Wednesday, March 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 16, 2002 at 1:00 PM 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: Isl Dawn S. Sunday. Esq?ynI, Custody Conciliator V The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 w 3 al OJ dw- l'o v DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 99-7432 CIVIL TERM MICHELLE R. FOSTER, : CIVIL ACTION - LAW DEFENDANT/PETITIONER : CUSTODY ORDER AND NOW, this day of 2002, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of 2002, at _ o'clock _.m., for the Pre-Heari ng 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 shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or permanent order. FORTHECOURT, BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. DONALD F. FOSTER, JR., PLAINTIFF/RESPONDENT VS. MICHELLE R. FOSTER, DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 99-7432 CIVILTERM : CIVIL ACTION - LAW : CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant/Petitioner. 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 DONALD F. FOSTER, JR., PLAINTIFFIRESPONDENT VS. MICHELLE R. FOSTER, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION -LAW CUSTODY AND NOW, comes the Defendant/Petitioner, MICHELLE % FOSTER, now known as Michelle R. Robinette, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Petition for Modification of Custody Order upon a cause of action of which the following is a statement: 1. The Plaintiff/Respondent (hereinafter sometimes referred to as "Father") is DONALD F. FOSTER, JR. , who currently resides at Lot #50, 155 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant/Petitioner (hereinafter sometimes referred to as "Mother") is MICHELLE R. FOSTER, now known as Michelle R. Robinette, who currently resides at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Defendant/Petitioner seeks Joint Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth SAMANTHA M. FOSTER Lot #50,155 Salem Church Road, 08/02/94 Mechanicsburg, PA 4. The child was born of out of wedlock. The parties married following the child's birth. 5. The child is presently in the Primary Physical custody of Plaintiff/Respondent who resides at Lot #50,155 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. During the past five (5) years, the child has resided with the following persons at the following addresses: Name(s) Address Dates Plaintiff/Respondent and Defendant/Petitioner Boiling Springs, PA Plaintiff/Respondent, Lemoyne, PA Defendant/Petitioner, and Candice Cain, the paternal grandmother Plaintiff/Respondent and Defendant/Petitioner Mechanicsburg, PA Defendant/Petitioner Harrisburg, PA Birth to August, 1995 August, 1995 to 1996 1996 to spring 1997 Spring 1997 to January, 1999 (January through summer, 1999 Defendant/Petitioner became ill and was hospitalized. The paternal grandmother and sometimes the Plaintiff/Respondent took care of Samantha. The paternal grandmother began to refuse to return Samantha to the Defendant/Petitioner. The paternal grandmother even took Samantha to Utah for three (3) months in 1999, against Defendant/Petitioner's wishes.) Defendant/Petitioner and Dustin Robinette Mechanicsburg, PA January, 1999 to February, 2000 Plaintiff/Respondent and Beth Chase Defendant/Petitioner and Dustin Robinette Lot #50 155 Salem Church Road Mechanicsburg, PA 1077 Nanroe Drive Mechanicsburg 1998 to Present February, 2000 to Present (During 1999, Plaintiff/Respondent began to take care of Samantha for the first time. Defendant/Petitioner, still recovering, experienced difficulty getting Samantha from the paternal grandmother and the Plaintiff/Respondent. Samantha was cared for by all three of these parties in 1999 through February, 2000, when a custody order was entered.) 7. The Father of the child is Plaintiff/Respondent who currently resides at Lot #50, 155 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 8. Plaintiff/Respondent was divorced from the Defendant/Petitioner in 2000. He was married to Beth Chase on or about February, 2001, and has resided with his wife since their marriage. 9. The Mother of the child is Defendant/Petitioner who currently resides at 1077 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 10. Defendant/Petitioner has been divorced from Plaintiff/Respondent since 2000. Defendant/Petitioner has remarried. Defendant/Petitioner married Dustin Robinette on September 8, 2001. 11. The relationship of the Plaintiff/Respondent to the child is that of natural Father. The Plaintiff/Respondent currently resides with the following persons: Name Relationship Beth Chase Wife 12. The relationship of the Defendant/Petitioner to the child is that of natural Mother. The Defendant/Petitioner currently resides with the following persons: Name Relationshin Dustin Robinette Husband 13. Defendant/Petitioner has participated as a party in a prior custody agreement concerning the custody of the child in this court. The court, term and number, and its relationship to this action are as follows: the court was Cumberland County, the docket number is 99-7432 Civil Tenn, the result was a custody order dated March 9, 2000, a copy of which is attached hereto and made a part hereof as Exhibit "A". 14. Defendant/Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth at this time. 15. Defendant/Petitioner 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 right- with respect to the child. 16. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Father demonstrates no concern or consideration for Mother's relationship with their child. Father has and continues to violate Shared Legal custodial rights of Mother; B. Father has and continues to take deliberate actions to prevent Mother from any knowledge about her daughter's health and well being; C. Father has taken unilateral actions on several occasions to obtain medical, dental and psychological treatment for the child without Mother's knowledge and/or permission. Most recently Father has changed the child's primary caregiver from the physician the child has had since she was bom to a new physician to interfere with Mother's ability to be involved in her daughter's medical and physical well being; D. The child was diagnosed with Attention Deficit Disorder (ADD), March, 2001. The child requires daily medications. Father grudgingly doles out the child's medications to Mother and continuously makes it difficult for Mother to obtain adequate doses of the child's medications; E. Father works evenings and is not at home with the child when she is in his custody. The child is left with Father's wife, who does not assist the child with her school work or allow her to engage in any extracurricular activities; F. Father's wife is physically and psychologically abusive of the child; G. Father and his wife have demonstrated a lack of concern for the child's success in school. Father does not support the child in her everyday educational activities. Neither Father nor his wife take any responsibility for the child's homework and preparation for tests and quizzes; H. Father and his wife continuously degrade and state lies about Mother in front of the child while she is in their custody, which significantly upsets the child; 1. Father has and continues to refuse to discuss any issues or decisions about the child with Mother and has continuously and persistently made unilateral decisions about and for the child, hiding them as long as he is able from Mother; J. Father's wife engages in unusual eating practices with the child; K. Mother and her husband regularly attend services at Mechanicsburg Brethren Church, including Wednesday evening Bible studies and Friday evening activities. When able, the child enjoys these activities; L. The child has a half brother at her Mother's home who she adores and misses very much when she has to leave to go to her Father's home; M. Mother has great concern for the physical and psychological safety and well being of her daughter; N. Mother has great love and concern for her daughter for whom she has always provided a stable home and lifestyle when Father allowed her to do so and has the ability to do so now; 0. Mother believes her daughter's physical and psychological health, education, and social well being will benefit greatly from residing with her primarily during the school year and the majority of the entire year. 17. 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, Defendant/Petitioner, MICHELLE R. FOSTER, now known as Michelle R. Robinette, requests this Honorable Court continue SHARED LEGAL CUSTODY between the parties, and grant Defendant/Petitioner, MICHELLE R. FOSTER, now known as Michelle R. Robinette, PRIMARY PHYSICAL CUSTODY of the minor child, SAMANTHA M. FOSTER, with PARTIAL PHYSICAL CUSTODY to Plaintiff/Respondent, DONALD F. FOSTER, JR. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March, 2002 Susan Kay Can ' sqi Counsel fr?r D enda /PeJ PA I.D. # 649 8 5021 East Trin le-Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: -7/ GZ / / l 'Cc.??X.Cx?Pa'13Q-, Y A MICHELLE RENEE ROBINETTE, formerly known as Michelle R. Foster, also formerly known as Michelle Renee Savel EXHIBIT "A" 1 DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-7432 CIVIL TERM MICHELLE R. FOSTER, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this +h day of maRC-? 1 _, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court, dated February 2, 2000 is vacated and replaced with this Order. 2. The Father, Donald F. Foster, Jr., and the Mother, Michelle R. Foster, shall have shared legal custody of Samantha May Foster, born August 21 1994. 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 her health, education, and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The mother shall have custody of the Child on alternating weekends from Friday after school through Monday before day care. During weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Child from after school on Wednesday through Friday before day care. During weeks following the Father's weekend periods of custody, the Mother shall have custody from Wednesday after school through Thursday before school. The Mother may retain custody of the Child on Thursdays before school, rather than taking her to day care. B. The Father shall have custody of the child at all other times not specified for the Mother. 4. The parties shall share or alternate having custody of the Child on holidays as follows: A. CHRISTMAS - The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon .y 1 . 'i IN through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS - The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. ALTERNATING HOLIDAYS - The parties shall alternate having custody of the Child on the following holidays: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The alternating schedule shall begin with the Father having custody of the Child on Easter in 2000. The holiday periods under this provision shall run from 6:00 p.m. on the evening before the holiday through 6:00 p.m. on the holiday if the Child does not have school the following. If the Child does have school on the day after the holiday, the period of holiday custody shall run through the beginning of school. The period of custody over the July 4th holiday shall continue until after the fireworks. D. MO'THER'S DAY/FATHERIS DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. The periods of custody under this provision shall run from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday. E. In the event a period of holiday custody falls immediately before or after a party's period of regular custody, the period of regular/holiday custody shall run continuously. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 non-consecutive weeks each summer. The parties shall notify each other of the dates selected under this provision by May 1 in 2000, and by April 1 in subsequent years. The party providing notice first shall be entitled to preference in her or his selection of dates. The parties agree that the Child may visit her paternal aunt in Utah for up to 2 weeks each summer, with the specific dates for the Utah trip to be selected within 2 weeks after both parties have selected their respective vacation dates. Both parties shall be entitled to have telephone contact with the Child while she is in Utah at least every 3 days. 6. The parties shall communicate directly with each other concerning custody and other issues related to the Child. 7. Each party shall ensure that the other party has his or her current address and telephone number. •B. In the event either party removes the Child from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Child can be reached. 9. 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, as Kevin Hess, J. cc: Samuel W. Milkes, Esquire - Counsel for Father Julie McConahy, Esquire - Counsel fo Mother nur- copy FR01M, 'r hand In TesE none'-h,rtof,IIsra unto sa ra and t e seal of =_aid Court at Carlisle, Pa. Q Prothonotary r x y S MAR J A 4uu If) ? to r v u U 0 W W 2 O [7-.1 p EN-? I?-il O Z V' ? p g k tl W ? ? ? ? ? ?'7 ?i o LL o 2 H x a k, H f, a DONALD F. FOSTER, JR., PLAINTIFF/RESPONDENT VS. MICHELLE R. FOSTER, DEFENDANT/PETITIONER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-7432 CIVIL TERM : CIVIL ACTION -LAW : CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Be it known, that on the /'St day of _ gA26 Q , 2002, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Michelle R. Foster, now known as Michelle R. Robinette, Defendant/Petitioner in the above-captioned matter. 3. On March 25, 2002, a true and correct copy of the Petition for Modification of Custody Order with the Wednesday, March 20, 2002 Order for the Pre-Hearing Custody Conference attached, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9758, and addressed to the Plaintiff/Respondent, Donald F. Foster, Jr., at Lot #50, 155 Salem Church Road, Mechanicsburg PA 17055. 4. The return receipt card signed by the Plaintiff/Respondent, Donald F. Foster, Jr., showing a date of service of March 29, 2002, is attached hereto as Exhibit "A". r R.<r.. ed mail meets the requirements of Pa.R.C.P. 404(2) and SUSAN KA Counselfor iD befare me, a Notary Public, this /st day of Notary Public My Commission Expires: 6-V ? j) I( 1o?t0? _ ?ry a m°? °?'?' Publlo Ay t:amwabn ?,r a Complete hems 1, 2, and 3. Also complete Item 41f Restricted Delivery Is desired. a S re Ag 13 ent "' " ¦ Print your name and address on the reverse r ,(j( pd dreaaee so that we can return the card to you. 8. eceived by ( Prints N +e) Data of slivery C. ¦ Attach this card to the back of the mailpiece, ` r :3 p 1 ?? ace ermits • or on the front if s r - l . p p diherenfrom ite liv D I d m 1 e 1. Ankle Addressed to ery e . s II Y 690414 a dress below: ? No l ofi DSO d ?sue a l,R U ch?is c Salem SS • 1 c ? ? p (( InCU\Q\??C?UI-l? (i/"/UJS type ?-,. 3.? RESTRICTED ^ YwT"ae?s Mai 1140 ? Registered ? Return Re2elp or Merchandise 0 Inwred Mail 0 C.O.D. DELIVERY 4. Restricted Delivery7(Exoa Feel X'Y" 2. Article Number" (fmsrer from service labeq 7 0 01 2 510 0 0 0 3 4 4 3 9 9 7 5 8 PS Form 3811, August 2001 Domestic Return Receipt toxsssa++t25oa Exhibit "A" t. . J (J V..'' DONALD F. FOSTER,JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 CIVIL ACTION LAW VS. MICHELLE R. FOSTER, Defendant IN CUSTODY ORDER OF COURT 2002, NOW, this day of ?^^ AND upon lows: consideration of the attached Custody Conciliation Report, it is ordered and directed as fol 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Georgi Anderson, LCSW, ssional ations ACSW. The purpose the evaluation shall be to otain independnt emnts which willbe t serve the inter st eof the Child. All costs of concerning ongoing custody arrangements the evaluation shall be shared equally between eemed necessary in order for the evaluator o obtain additional l information pertaining to the partites or d the Child. The parties agree to participate and cooperate in a course of co-parenting counseling as recommended by the evaluator. 2. The prior Order of this Court dated March 9, 2000 shall continue in effect as modified by this Order. 3. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchanges to take place every Friday morning at 9:00 a.m. at the Sheetz store located on the Cumberland Parkway in Mechanicsburg. The alternating weekly ise schedule shall begin with the Mother having custody of the Child custody ,s2002. sUnless et forth er the agreed between the parties or ordered by the Court, the physical March 9, 2000 Order shall resume on the last Monday before the beginning of the 2002-2003 school year. 4. The alternating weekly summer schedule shall supersede and take precedence over the holiday custody schedule. 5. Paragraph 5 of the March 9, 2000 Order is vacated. i..., f r .. .. ? i .? Vl?l.. ice./ .l I I,4 i . 6. The parties shall share having custody of the Child during the May Day celebration at the Child's school on May 10, 2002, with the Mother having custody for the first half of the scheduled festivities. 7. Each party shall notify the other in advance of the time and date of any medical, dental or vision appointments scheduled for the Child. 8. Within 60 days of completing Phase I of the custody evaluation and in the event that the parties are not able to resolve all outstanding custody issues at that time, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, A Hess, J. cc: Johnna J. Kopecky, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother g ?P DONALD F. FOSTER, JR., Plaintiff VS. MICHELLE R. FOSTER, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 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 Samantha M. Foster August 2, 1994 Father/Mother .2. A Conciliation Conference was held on April 16, 2002, with the following individuals in attendance: The Father, Donald F. Foster, Jr., with his counsel, Johnna J. Kopecky, Esquire, and the Mother, Michelle R. Robinette (formerly Foster), with her counsel, Susan K. Candiello, Esquire. 3. It appeared from discussion at the Conference that the source of the parties' conflicts with regard to the custody schedule is the serious lack of communication and trust between the parties. The parties' acknowledged these problems in their co-parenting relationship and, in an effort to improve the situation for Samantha's sake, they agreed to participate in joint counseling to address the communication and trust issues. However, as the parties also agreed to begin Phase I of a custody evaluation by Georgi Anderson to obtain custody recommendations, the parties agreed that it would be best to first initiate that process and then initiate co-parenting counseling if, and at such time as recommended by Georgi Anderson. Accordingly, the parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DONALD F. FOSTER, IR. PLAINTIFF V. MICHELLE R. ROBINETTE (F/K/A MICHELLE R. FOSTER) DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Wednesday, March 02, 2005 , upon consideration of the attached Complaint, AND NOW, the conciliator. hu Dawn S. Sunday, Esq. it is hereby directed that parties and their respective counsel appear before 39 West Main Street, Mechanicsburg, PA 17055 on Thursday. March 31, 2005 at 10:30 AM at Conference. At such conference, an effort will be made to resolve the issues in dispute; or for a Pre-Hearing Custody 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 acre 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/ Dann S Sunday Esq_ Custody Concthator The Court of Common pleas of Cumberland County is required by la%v to comply with the Americans 1990• For information about accessible facilities and reasonable accommodations with Disabibilites Act ividuals having business before the court, Please contact our office. All arrangements available made at disabled of least indd 72 hours prior to any hearing or business before the court. You must attend the scheduled must conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT ONE, GO TO OR TELEPHONE THE OFFICE SET HAVE AN ATTORNEY OR CANNOT AFFORD FORTH 13ELOW TO FIND OUT WHERE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 fIf i(J Jr iliE Ff? it i0i OT/7Y 2005 MAR -2 PI•I 3: 40 CUt(6= COUNITY PEP:PiSYLVAN A i°-'o R-._ ... L n.:Izm DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/k/a MICHELLE R. FOSTER Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL AC'T'ION - LAW CUSTODY ORDER AND NOW, this day of 2005, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , 2005, at _ o'clock _ .m., for the 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 shall also be present at the conference. Failure to appear at the conference may provide for entry of a temporary or permanent order. FOR THE COURT, BY: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990.9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (t%k/a MICHELLE R. FOSTER) Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99.7432 CIVIL TERM CIVILACTION-LAW CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS 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 Defendant/Petitioner. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/k/a MICHELLE R. FOSTER Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 99.7432 CIVIL TERM CIVIL ACTION - LAW CUSTODY NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos veinte (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de on abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra soya. Se le advierte de que si usted falla de tomar action como se describe anteriormente, el caso puede proceder sin usted y on fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por of demandante puede ser dictado en contra soya por In Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800)-990-9108 s? DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE ER) (flkla Defendant/petitioner IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 99-7432 CIVILTERM CIVILACTION-LA'W :CUSTODY PE'I ITION FOR CONTEMPT AND MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant/Petitioner, Michelle R. Robinette, formerly known as Clotfelter, and files this Petition for Michelle R. Foster, by and through her counsel, Linda A. Contempt and Modification of Custody order, stating in support thereof the following: hereinafter sometimes referred to as ,Mother") is Michelle R. 1• Petitioner ( Cumberland Robinette, who currently resides at 504C Lewisberry Road, New Cumberland, County, Pennsylvania, 17070. 2. Respondent (hereinafter sometimes referred to as "Father") is Done Pennsylvania, Jr. , who currently resides at 57 State Road, Mechanicsburg, Cumberland County, 17050. COUNTI•CONTEMPT 3. Mother incorporates the allegations of Paragraphs i and 2 herein as if fully set forth verbatim. 4, An Order of Court dated May 3, 2002, was entered in this matter and the parties share custody on a week on/week off basis. A prior Order dated March 9, 200, designates the which is very disruptive due to varying and abbreviated periods of school year custody schedule partial custody. True and correct copies of the Orders are attached hereto collectively as Exhibit "A" and are incorporated herein as if fully set forth verbatim. 5. Petitioner seeks Joint Legal and Primary Physical Custody of the following child: Name Present Residence Date of Birth Samantha M. Foster 57 State Road 08/02/94 Mechanicsburg, PA 6. The child was born of out of wedlock. The parties married following the child's birth, but the parties were subsequently divorced. 7. The child is presently in the Primary Physical custody of Father who resides at 57 State Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 8. Father knowingly, willing, and intentionally violated the current Custody Order in this case. 9. Father has been in direct violation of the order as follows: a. The Order of Court dated May 3, 2002, required that the parties submit themselves and other necessary parties to a custody evaluation to be performed by Georgi Anderson, LCSW, ACSW, yet Father failed/ or refused to do so. b. The current Order of Court specifically provides that the "Each party shall notify the other in advance of the time and date of any medical, dental or vision appointments scheduled for the child." Father has consistently and continually refused to inform Mother of the child's various appointments and other obligations. C. The Order of Court dated March 3, 2002, incorporates the terms of the prior Order of March 9, 2000, with specific exceptions. In the original March 9ht order it is specified that the parties have shared legal custody of the child, yet Father refuses to keep Mother informed of major decisions regarding the child's well being. More specifically, Father unilaterally decided to change the child's school with no prior notice to Mother. Moreover, Father did not inform the child directly of the intended move and the child had to learn same from overhearing it conversation of her teacher indicating that her last day was upcoming. As a result, from Father's conduct the child has suffered from severe stress including night terrors and sleep walking at which time she was screaming. Very recently, the child has begged her Mother to pursue primary custody of her. Father also had the child medicated for ADHD without prior discussions with Mother. 10. Due to Father's repeated conduct in contempt of this Court's Order, Mother seeks to have Father found in contempt and sanctioned within the discretion of this court to the fullest extent possible. WHEREFORE, Mother respectfully request that this Honorable Court find Father in contempt and award sanctions to Mother to the fullest extent permissible under the law. COUNT II - PETITION TO MODIFY CUSTODY 11. Mother incorporates herein Paragraphs 1 through 10 above as if fully set forth verbatim. 12. Due recent traumatic events severely impacting the child and significant changes in circumstances due to Father's move without prior notice to Mother, Mother is seeking to have the Custody Order modified. 13. It is in the best interest of the child to modify the current Custody Order such that Mother is granted primary physical custody and Father partial custody for the following reasons: a. Father is not available for the child on a regular basis. More specifically, Father attends school on a full time basis in Baltimore, Maryland. He also has another job driving for Palumbo's Pizza. As a result, it is the child's step-mother and not Father who actually has custody of the child during the Father's custody periods. Very recently, the child begged Mother to pursue primary custody of her after a traumatic experience with her step-mother who was caring for the child while Father worked. b. In Father's household the child is made to feel that she is insecure and unimportant due to regular treatment that differs significantly from the manner in which her half-sister is treated. More specifically, the child's half-sister attends a private school while the child attends public school and the half-sister is often given lavish and numerous gifts while the child receives very few of same at holidays and other occasions. C. Father simply has no interest in the child's education and has very limited contact and/or involvement with her school and her daily care due to his demanding work and commuting schedule. d. Mother is available to spend time with the child and does so presently to the curren the fullest ssible child expressed a very sttrrong deesir etol lie par visions i y with Motherton ord a number of has occasions. C. The child recently changed schools due to Father's conduct and there would be no additional trauma to the child if she again changed schools to Mother's school district. f. Mother has always been very active with the child's school including regular and consistent contact with the child's teachers and would continue to do so if she was primary custodial parent. 9. The child has expressed a strong desire to reside primarily with Mother and Mother stands ready to provide the child with regular nurturing and care that she so needs, especially after the recent change in schools without prior notice which caused her significant stress resulting in physical symptoms including the night terrors and sleep walking mentioned above. It. The child presently spends one-half of her time at Mother's home, so the child has friends in the locality and is very familiar and comfortable with the area. 14. Due to the significant change in circumstances Mother seeks to be awarded primary physical custody of the child with partial custody with Father as agreed and shared legal custody between the parties. WHEREFORE, Petitioner, Michelle R. Robinette, respectfully requests that this Honorable Court find Plaintiff, Donald F. Foster in contempt of this court's Order dated March 3, 2002; sanction Father to the fullest extent possible; modify the current Custody Order such that Mother is granted Primary Physical Custody with Partial Custody periods to Father and Shared Legal Custody to both parties; and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER h 2005 BY Dated: February L IF, Li da A. Clotfelter, Esquire c iotsel for Petitioner Attorney I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: "? I0 6 S formerly known as Michelle R. Foster, DONALD F. FOSTER, JR., Plaintiff VS. MICHELLE R. FOSTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of ? o.?_ 2002, upon consideration of the attached Custody Conciliation Report, it is o dered and directed as follows: 1. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Georgi Anderson, LCSW, ACSW. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall sign all authorizations deemed necessary in order for the evaluator to obtain additional information pertaining to the parties or the Child. The parties agree to participate and cooperate in a course of co-parenting counseling as recommended by the evaluator. 2. The prior Order of this Court dated March 9, 2000 shall continue in effect as modified by this Order. 3. The parties shall share having physical custody of the Child during the summer school break on an alternating weekly basis, with the exchanges to take place every Friday morning at 9:00 a.m. at the Sheetz store located on the Cumberland Parkway in Mechanicsburg. The alternating weekly schedule shall begin with the Mother having custody of the Child on June 7, 2002. Unless otherwise agreed between the parties or ordered by the Court, the physical custody schedule set forth in the March 9, 2000 Order shall resume on the last Monday before the beginning of the 2002-2003 school year. 4. The alternating weekly summer schedule shall supersede and take precedence over the holiday custody schedule. 5. Paragraph 5 of the March 9, 2000 Order is vacated. EXHIBIT "A" 6. The parties shall share having custody of the Child during the May Day celebration at the Child's school on May 10, 2002, with the Mother having custody for the first half of the scheduled festivities. 7. Each party shall notify the other in advance of the time and date of any medical, dental or vision appointments scheduled for the Child. 8. Within 60 days of completing Phase I of the custody evaluation and in the event that the parties are not able to resolve all outstanding custody issues at that time, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. BY THE COURT, /5 a - >?"L' Kevin A. Hess, J. cc: Johnna J. Kopecky, Esquire - Counsel for Father Susan K. Candiello, Esquire - Counsel for Mother -j:gilt' (.'aS:; :a+. 4=•l ti:v, Pg. DONALD F. FOSTER, JR., Plaintiff VS. MICHELLE R. FOSTER, Defendant PRIOR JUDGE: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 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: follows: I. The pertinent information concerning the Child who is the subject of this litigation is as NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Samantha M. Foster August 2, 1994 Father/Mother 2. A Conciliation Conference was held on April 16, 2002, with the following individuals in attendance: The Father, Donald F. Foster, Jr., with his counsel, Johnna J. Kopecky, Esquire, and the Mother, Michelle R. Robinette (formerly Foster), with her counsel, Susan K. Candiello, Esquire. 3. It appeared from discussion at the Conference that the source of the parties' conflicts with regard to the custody schedule is the serious lack of communication and trust between the parties. The parties' acknowledged these problems in their co-parenting relationship and, in an effort to improve the situation for Samantha's sake, they agreed to participate in joint counseling to address the communication and trust issues. However, as the parties also agreed to begin Phase I of a custody evaluation by Georgi Anderson to obtain custody recommendations, the parties agreed that it would be best to first initiate that process and then initiate co-parenting counseling if, and at such time as recommended by Georgi Anderson. Accordingly, the parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DONALD F. FOSTER, JR., . IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. N0. 99-7432 CIVIL TERM MICHELLE R. FOSTER, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of m(lR'L-I 1 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of this Court, dated February 2, 2000 is vacated and replaced with this Order. 2. The Father, Donald F. Foster, Jr., and the Mother, Michelle R. Foster, shall have shared legal custody of Samantha May Foster, born August 2, 1994. 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 her health, education, and religion. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child on alternating weekends from Friday after school through Monday before day care. During weeks following the Mother's weekend periods of custody, the Mother shall have custody of the Child from after school on Wednesday through Friday before day care. During weeks following the Father's weekend periods of custody, the Mother shall have custody from Wednesday after school through Thursday before school. The Mother may retain custody of the Child on Thursdays before school, rather than taking her to day care. B. The Father shall have custody of the Child at all other times not specified for the Mother. 4. The parties shall share or alternate having custody of the child on holidays as follows: A. CHRISTMAS - The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. The Mother shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Child during Segment A in odd numbered years and during Segment B in even numbered years. B. NEW YEARS - The New Years holiday shall be divided into Segment At which shall run from New Years Eve at 12:00 noon through New Years Day at 12:00 noon and Segment B, which shall run from New Years Day at 12:00 noon through January 2 at 12:00 noon. The Mother shall have custody of the Child during Segment A in odd numbered years and during Segment S in even numbered years. The Father shall have custody of the Child during Segment A in even numbered years and during Segment B in odd numbered years. C. ALTERNATING HOLIDAYS - The parties shall alternate having custody of the Child on the following holidays: Easter, Memorial Day, July 4th, Labor Day and Thanksgiving. The alternating schedule shall begin with the Father having custody of the Child on Easter in 2000. The holiday periods under this provision shall run from 6:00 p.m. on the evening before the holiday through 6:00 p.m. on the holiday if the Child does not have school the following. If the child does have school on the day after the holiday, the period of holiday custody shall run through the beginning of school. The period of custody over the July 4th holiday shall continue until after the fireworks. D. MO'THER'S DAY/FATHER'S DAY: The Mother shall have custody of the Child every year on Mother's Day and the Father shall have custody of the Child every year on Father's Day. The periods of custody under this provision shall run from 6:00 p.m. on the evening before the holiday until 6:00 p.m. on the day of the holiday. E. before or even-, a after peariod of holiday custody falls immediately period of party s period of regular custody, the regular/holiday custody shall run continuously. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for 2 non-consecutive weeks each summer. The parties shall notify each other of the dates selected under this provision by May 1 in 2000, and by April 1 in subsequent years. The party providing notice first shall be entitled to preference in her or his selection of dates. The parties agree that the Child may visit her paternal aunt in Utah for up to 2 weeks each summer, with the specific dates for the Utah trip to be selected within 2 weeks after both parties have selected their respective vacation dates. Both parties shall be entitled to have telephone contact with the Child while she is in Utah at least every 3 days. 6. The parties shall communicate directly with each other concerning custody and other issues related to the Child. 7. Each party shall ensure that the other party has his or her current address and telephone number. •9. In the event either party removes the Child from his or her residence for an overnight period or longer, that party shall provide the other party with the address and telephone number where the Child can be reached. 9. 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 th±s order shall control. BY THE COURT, ,S a Kevin Hess, J. cc: Samuel W. Milkes, Esquire - Counsel for Father Julie McConahy, Esquire - Counsel fo mother TRUE COPY Fi ni VI In Tesii?cra •-l-k r.- of, 1 I.rN 'irlW sa har ti and t e seal of said Court at parr U Pa. Tli p °" Prothonotary t ,9 F. r DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/k/a MICHELLE R. FOSTER) Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this 10 h day of March, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing the Affidavit of Service for the Order of Court scheduling a Conciliation conference and the Petition to Modify Custody were served upon the opposing party by hand-delivery addressed as follows: Donald F. Foster, Jr. 57 State Road Mechanicsburg, PA 17050 allo/ oLl LlIf DA A. CLOTFELTEX,_ES( At mey I.D. 72963 5221 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile C:D u .- ob - ? lJL- LY , a r? U c DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA vs• NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE : CIVIL ACTION -LAW (f/k/a MICHELLE R. FOSTER) : CUSTODY Defendant/Petitioner AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Michelle R. Robinette (formerly known as Michelle R. Foster), do hereby affirm that the original return receipt of an Order of Court scheduling a Conciliation Conference and the Petition to Modify Custody, sent by Certified Mail, Return Receipt Requested was signed as being received at Respondent's address. Although it was not dated, the executed receipt was received by Plaintiffs counsel on March 9, 2005. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unswom falsification to authorities. to Complete hems 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse . so that we can return the card to you. i ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. AAI a Addressed to: onald F. Foster, Jr. 57 State Road Mechanicsburg, PA 17050 A. Signe O Agent X ??- - ? Andre (Printed Name) I O. Date of Delivery D. Is delivery address different from hem 17 U Ye: If YES, enter delivery address below: 17 No 3. Service Type %pertiged Mail ? Express Mail t ? Registered 1M Return Receipt for Merchandise ? Insured Mail ? O.O.D. I 4. Restricted Delivery? (Evfra Fee) 0 Yes 2. Aracle Number (rM ier6om seMce febe7 Ps Form 3811, February 2004 Domestic Return Receipt erveA 1 /a5 .M.1540 F Respectfully submitted, Dated: LAW OFFICE OF LINDA A. CLOTFELTER Linda A. Clotfelter, Esquire Attorney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 U. o E ' J .l aT Q CQ o LL U_ n? 1 Q r. U N ( j k 71 RECEV/ED AUG 21 DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2-W day of nvws.i 2005, upon consideration of the within Petition, a Rule is issued upon the parties in the captioned case to show cause why Carol J. Lindsay, Esquire, should not be permitted to withdraw as counsel for the Plaintiff/Respondent. Rule returnable so days from the date of service of this Order. By the Court J. S D l? SHUFF, FLOWER Q^J \7? & LINDSAY ATTORNEYS•ATMW 76 W. High Street O Carlisle. PA O I/V 5-14 IL :Ll; v DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE, (f/k/a MICHELLE R. FOSTER), Defendant PETITION TO WITHDRAW AS COUNSEL NOW COMES Carol J. Lindsay, Esquire, and petitions this Honorable Court as follows: 1. Petitioner is the attorney for Donald F. Foster, Jr., Plaintiff/Respondent above. 2. Petitioner represented the Plaintiff at a conciliation conference which was scheduled for March 31, 2005. No order was entered at the time of the conciliation, on the understanding that the parties were to continue to negotiate a resolution subsequent. 3. Petitioner provided letters to Plaintiff seeking his cooperation in the negotiations. Those letters were addressed May 9, 2005, May 19, 2005, June 8, 2005, and August 16, 2005. 4. Plaintiff, Donald F. Foster, Jr., has not responded to any of the letters. 5. Attorney's fees remain outstanding since March 2005, with no payment made by Plaintiff/Respondent. 6. Petitioner believes and therefore avers that she cannot adequately represent the Plaintiff/Respondent under the facts set out in this Petition. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the parties to SAIDIS SHUFF, FLOWER & LINDSAY ATr0R.WVS•AT•IAW 26 N. High Street Carlisle, PA show cause why she should not be permitted to withdraw as counsel for Plaintiff/Respondent. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff i? Dated: By, r ID#44693/ 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION SAIDIS SHUFF FLOWER & LINDSAY ArTORNEYS•AT- W 26 W. High Street Carlisle, PA I, the undersigned, hereby verify that the statements made herein 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: 4caro/J.dsay DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (flkla MICHELLE R. FOSTER), Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, hereby certify that on this ?j day of August, 2005, 1 served the within Petition to Withdraw as Counsel by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald Foster Linda A. Clotfelter, Esquire 57 State Road 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 1 /! By: Carol J. Ly"ri sa , squire ID# 44693 26 West Hig Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATr0RN.VS•AT•1Aw 26 W. High Street Carlisle, PA ._ ___:-. ?. s c c; -- ?_ i?` r= LU `_-: .;? -' ' l? [ O ? l :_I u_ `LIJ ?7 7 : H .,Li ^i I.L ?'? :.; U `? ? U ? ?C?IVED SEP 15 2005 j F. FOSTER, JR. IN THE COURT OF COMMON PLEAS OF DONALD F Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 CIVIL ACTION LAW VS. MICHELLE R. ROBINETTE (F/K/A MICHELLE R. FOSTER) Defendant IN CUSTODY ORDER OF COURT , 2005, upon AND NOW, this a A;t day of consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: rthouse on the A Hearing i scheduled in Cou20RSoa N?o?4 oo''clocku?J rl da o hich t me testimony will A& to day of be tak en. For purposes of the hearing , th e Mother, Michelle R. Robinette, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are 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. cc: hir(d A• Clotfelter, Esquire Wald F. Foster, Jr., Father Oq: F Counsel for BY THE COURT, RLEO-Ul FICE OF THE PEOi."CNONRY 2005 SEP 21 A1110: 53 ?i y r 1? r If DONALD F. FOSTER, JR. Plaintiff VS. MICHELLE R. ROBINETTE (F/K/A MICHELLE R. FOSTER) Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 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: Y v. 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 Samantha M. Foster August 2, 1995 Father 2. A conciliation conference was held on September G, 2005, with the following individuals in attendance: The Mother, Michelle R. Robinette, with her counsel, Linda A. Clotfelter, Esquire. Neither the Father nor his counsel attended the conference. However, the Father subsequently contacted the conciliator by telephone to advise that his former counsel is no longer representing him in this matter and that he had not received notice of the conciliation conference. 3. The purpose of the conciliation conference was to follow up on the parties' agreement at a prior conference on March 31, 2005, at which time it was requested that this matter be held open to enable the parties to meet jointly with the Child's teacher and physician and to continue working toward improving communications concerning the Child. However, it was determined from representations made by the Mother at the follow-up conference and representations made by the Father during his telephone conversation with the conciliator that the parties are unable to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a hearing. 4. This Court previously entered Orders in this matter dated March 9, 2000 and May 3, 2002, under which the parties share having physical custody of the Child during the summer school break on an alternating weekly basis and the Father has primary custody during the school year. The Mother has custody of the Child during the school year on alternating Wednesdays overnight and from Friday through Monday. During the interim weeks, the Mother has custody from Wednesday through Friday. 5. The Mother's position on custody is as follows: The Mother filed a Petition for Contempt and Modification alleging that the Father refused to abide by this Court's Order dated May 3, 2002 under which the parties were to obtain a custody evaluation. The Mother indicated that the Father fails to inform her of important information concerning the Child's appointments and makes decisions without consulting with her concerning the Child's school and medical treatment. The Mother believes it would be in the Child's best interest for the parties to share having physical custody on an alternating weekly basis which, the Mother pointed out, would only require the addition of one more overnight for the Mother every two weeks under the existing schedule. The Mother proposed that the alternating weekly schedule would provide stability and would eliminate confusion for the Child as to which parent will have custody after school each day. The Mother believes that the alternating weekly schedule during the summer worked well and should be continued throughout the school year. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reduce the Mother's periods of custody with the Child during the school year to alternating weekends with extra time during school vacation periods. The Father expressed concern that the Child's education and nutrition are not a priority for the Mother. The Father indicated that the current schedule under which the parties share custody on a nearly equal schedule was the result of his effort to compromise and accommodate the Mother's previous requests. The Father agrees with the Mother's concern that there is too much back and forth under the existing schedule but indicated that he was willing to go along with it because the Child prefers the existing arrangements. The Father believes that the Mother's proposal is designed to accommodate her convenience rather than address the Child's needs. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Contempt and Modification. It is expected that the hearing will require at least one half-day. lslil /-Z. "Inn s Date Dawn S. Sunday, Esquire Custody Conciliator RECEIVED C_. ' . "W SAIDIS SHUFF, FLOWER & LINDSAY ArronneeS-AT•uW 26 W. High Street Carlisle, PA DONALD F. FOSTER, JR., Plaintiff/Respondent V. MICHELLE R. ROBINETTE, (f/k/a MICHELLE R. FOSTER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /3'day of Ov??1- , 2005, upon consideration of the within Petition, this Court's Rule of September 2, 2005 is hereby made absolute and Carol J. Lindsay, Esquire is permitted to withdraw as counsel for Donald F. Foster, Jr. PA?BY THE COURT, ^3. 4 f, °2v ??? 17 DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY PETITION FOR RULE ABSOLUTE AND NOW, comes Carol J. Lindsay, Esquire, and petitions this Honorable Court as follows: 1. On August 30, 2005, the undersigned filed a Petition to Withdraw as counsel. 2. On September 2, 2005, this Honorable Court entered a Rule on the Plaintiff and the Defendant to show cause why the undersigned should not be permitted to withdraw as counsel. The Rule was returnable ten (10) days from the date of service. A copy of the Order of Court of September 2, 2005 is attached hereto as Exhibit "K. 3. The Order was served on September 14, 2005 on Plaintiff and on Defendant's counsel. Copies of the transmittal letters are attached hereto as Exhibit "B". 4. Ten (10) days have passed and neither party has filed an Answer. WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and to SAIDIS SHUFF, FLOWER & LINDSAY ATMRKYS•AT-LAW 36 W. High Street Carlisle, PA permit the undersigned to withdraw as counsel. SAIDIS,SHUFF, Dated: October 7, 2005 ID No. 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff P.C. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AMAW 26 W. High Street Carlisle, PA 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: October 7, 2005 Carol J. Lindsay Exhibit "A" i RECEIVED AUG '21 3M DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE, (f/k/a MICHELLE R. FOSTER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.99-7432 CIVILTERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2 -day of &4-en?' 2005, upon consideration of the within Petition, a Rule is issued upon the parties in the captioned case to show cause why Carol J. Lindsay, Esquire, should not be permitted to withdraw as counsel for the Plaintiff/Respondent. Rule returnable /Q days from the date of service of this Order. By the Co rt 15 J. SAIDIS SHUFF, FLOWER & LINDSAY nrrosdtss•A'r•uw 26 W. High Street Carlisle, PA FPS' ;?Er-*REJ S# F(.V 44M. Exhibit "B" JOHN E SUKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, 111 MATTHEW J. ESHELMANt THOMAS E FLOWER MARYLOU MATHS SUZANNE C. HDCENBAUGH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243.6222- FACSIMILE: (717) 243-6486 EMAIL: attorney©ssfl-law.com w .ssfl-law.com September 14, 2005 Donald Foster 57 State Road Mechanicsburg, PA 1705D Re: Foster v. Foster Dear Mr. Foster: REPLY TO CARLISLE Enclosed please find an Order of Court in the above referenced matter. If you have any questions, please feel free to contact my office. Very truly yours, CJUbes Enclosure CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737.3405 FACSIMILE: (717)737-3407 tam,E Cmifiw Qwhn,i Righu Nsryuenmun SA DI , SHUFF, FLOWER & LINDSAY Carol J. Lin say, Esquire i? JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, 111 MATTHEW]. ESHELMANt THOMAS E. FLOWER MARYLOU MATHS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222- FACSIMILE: (717) 243-6486 EMAIL: attorney©ssfl-law.com www.ssf]-law.com September 14, 2005 Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Re: Foster v. Foster REPLY TO CARLISLE Dear Linda: Enclosed please find an order of court in the above referenced matter. If you have any questions, please feel free to contact my office. Very truly yours, CAMP PALL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 tpoud Cmifid Cl dn." Rill. Rgmnnm,un SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay, Esquire CJUbes Enclosure CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this 71h day of October, 2005, 1 served the within Petition for Rule Absolute by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald Foster Linda A. Clotfelter, Esquire 57 State Road 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 SAIDIS, SHUFF, By: ID# 44693 L_,/ 26 West High Stree Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA & LINDSAY, P.C. y cn C; :V f, t !- O te V L /- f 1- O O u --? cv U 1. A l ? Ir DONALD F. FOSTER, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY,PENNSYLVANIA vs. NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE : CIVIL ACTION- LAW r .: (f/k/a MICHELLE R. FOSTER) : CUSTODY h' Defendant/Petitioner PRAECIPETO WITHDRAW PETITION TO THE PROTHONOTARY: Please withdraw without prejudice Defendant's Petition for Contempt and Modification of Custody that was previously filed on February 23, 2005. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: /A//A /0 S JechaAn- A A. CLO T TER, ey I.D7296Trinle Road, Suite 100 0 mcsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/Wa MICHELLE R. FOSTER) Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99.7432 CIVIL TERM CIVILACfION-LAW CUSTODY CERTIFICATE OF SERVICE AND NOW, this Jf1iday of December, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing the Praecipe to Withdraw Petition was served upon the interested parties as follows: Donald F. Foster, Jr. 57 State Road Mechanicsburg, PA 17050 (first class mail, postage prepaid) The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (via hand-delivery) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: I? Ili 10,5 LI DA A. CLOTFELTER, ESC At orney LD. 72963 5 _1 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile 1? .. ?= ;.? ?.?- ,. ; -- ?_ : _ 3 - ???_ _ ?_!;, ?? = p i 1 . L I?, ?r? -- O co ?.) ?v U DONALD F. FOSTER, JR., Plaintiff/Respondent vs. MICHELLE R. ROBINETTE, (f/k/a MICHELLE R. FOSTER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION TO WITHDRAW AS COUNSEL NOW COMES Carol J. Lindsay, Esquire, and Petitions this Honorable Court as follows: 1. Petitioner is the attorney for Donald F. Foster, Jr., Plaintiff/Respondent above. 2. Petitioner represented the Plaintiff at a conciliation conference which was scheduled for March 31, 2005. No order was entered at the time of the conciliation, on the understanding that the parties were to continue to negotiate a resolution subsequent. 3. Petitioner provided letters to Plaintiff seeking his cooperation in the negotiations. Those letters were addressed May 9, 2005, May 19, 2005, June 8, 2005, and August 16, 2005. 4. Plaintiff, Donald F. Foster, Jr., has not responded to any of the letters. 5. Attorney's fees remain outstanding since March 2005, with no payment made by Plaintiff/Respondent. 6. Petitioner believes and therefore avers that she cannot adequately represent the Plaintiff/Respondent under the facts set out in this Petition. WHEREFORE, Petitioner prays this Honorable: Court to issue a Rule upon the parties to SAIDIS SHUFF, FLOWER 8r LINDSAY 26 W. High Street Carlisle, PA show cause why she should not be permitted to withdraw as counsel for Plaintiff/Respondent. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for PI@intiff ,-v--) Dated: By: Carol J. Lin ay Esquire ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 I, the undersigned, hereby verify that the statements made herein are true and correct. SAIDIS JFF, FLOWER LINDSAY rorsNEvs•AT-LAW W. High Street Carlisle, PA 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: Can J. indsay " DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY CERTIFICATE OF SERVICE SAIDIS JFF, FLOWER LINDSAY rDRNEYS•AT•LAW W. High Street Carlisle, PA I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this /- / day of August, 2005, 1 served the within Petition to Withdraw as Counsel by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald Foster 57 State Road Mechanicsburg, PA 17050 Linda A. Clotfelter, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 SAIDIS, SHUFF, FLOWER &LINDSAY, P.C. Attorneys for f?Faintiff /-), By: Carol J. C rsa -Es ID# 4469 26 West Hig Street Carlisle, PA 17013 (717) 243-6222 c> ? cn c. ?=° -?, ,?, li7 ca _R r;U 0 c,?, ' _ , _ . c -> i _; n's °_.? _? -: ,L- i RECEIVED AUG 211 20 DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY ORDER OF COURT AND NOW, this L'1 day of 2005, upon consideration of the within Petition, a Rule is issued upon the parties in the captioned case to show cause why Carol J. Lindsay, Esquire, should not be permitted to withdraw as counsel for the Plaintiff/Respondent. Rule returnable <v days from the date of service of this Order. By the Court I SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•uW 26 W. High Street Carlisle, PA C??fY C01 ,.n o i?- ?? 11 Z' sls spat „ x1-11 ?0 ?WMED SEP 15 2005 DONALD F. FOSTER, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. MICHELLE R. ROBINETTE (F/KJA MICHELLE R. FOSTER) Defendant 99-7432 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 5e?/A_:6- day of k2 & '"p , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A Hearing i scheduled in Court Room No. 4 of the Cumberland County Courthouse on the ?(o tl day of 2005, at / o'clock 0. in., at which time testimony will be taken. For purposes of the hearing, the Mother, Michelle R. Robinette, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are 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. cc: A. Clotfelter, Esquire - Counsel for nald F. Foster, Jr., Father BY THE COURT, 0 S -.01 WV I Z d7S SON Kdvik-warii0md ?N130 701140-- GIU DONALD F. FOSTER, JR. Plaintiff vs. MICHELLE R. ROBINETTE (F/KJA MICHELLE R. FOSTER) Defendant Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-7432 CIVIL ACTION LAW IN CUSTODY 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 Samantha M. Foster August 2, 1995 Father 2. A conciliation conference was held on September 6, 2005, with the following individuals in attendance: The Mother, Michelle R. Robinette, with her counsel, Linda A. Clotfelter, Esquire. Neither the Father nor his counsel attended the conference. However, the Father subsequently contacted the conciliator by telephone to advise that his former counsel is no longer representing him in this matter and that he had not received notice of the conciliation conference. 3. The purpose of the conciliation conference was to follow up on the parties' agreement at a prior conference on March 31, 2005, at which time it was requested that this matter be held open to enable the parties to meet jointly with the Child's teacher and physician and to continue working toward improving communications concerning the Child. However, it was determined from representations made by the Mother at the follow-up conference and representations made by the Father during his telephone conversation with the conciliator that the parties are unable to reach an agreement as to ongoing custody arrangements and it will be necessary to schedule a hearing. 4. This Court previously entered Orders in this matter dated March 9, 2000 and May 3, 2002, under which the parties share having physical custody of the Child during the summer school break on an alternating weekly basis and the Father has primary custody during the school year. The Mother has custody of the Child during the school year on alternating Wednesdays overnight and from Friday through Monday. During the interim weeks, the Mother has custody from Wednesday through Friday. 5. The Mother's position on custody is as follows: The Mother filed a Petition for Contempt and Modification alleging that the Father refused to abide by this Court's Order dated May 3, 2002 under which the parties were to obtain a custody evaluation. The Mother indicated that the Father fails to inform her of important information concerning the Child's appointments and makes decisions without consulting with her concerning the Child's school and medical treatment. The Mother believes it would be in the Child's best interest for the parties to share having physical custody on an alternating weekly basis which, the Mother pointed out, would only require the addition of one more overnight for the Mother every two weeks under the existing schedule. The Mother proposed that the alternating weekly schedule would provide stability and would eliminate confusion for the Child as to which parent will have custody after school each day. The Mother believes that the alternating weekly schedule during the summer worked well and should be continued throughout the school year. 6. The Father's position on custody is as follows: The Father believes it would be in the Child's best interest to reduce the Mother's periods of custody with the Child during the school year to alternating weekends with extra time during school vacation periods. The Father expressed concern that the Child's education and nutrition are not a priority for the Mother. The Father indicated that the current schedule under which the parties share custody on a nearly equal schedule was the result of his effort to compromise and accommodate the Mother's previous requests. The Father agrees with the Mother's concern that there is too much back and forth under the existing schedule but indicated that he was willing to go along with it because the Child prefers the existing arrangements. The Father believes that the Mother's proposal is designed to accommodate her convenience rather than address the Child's needs. 7. The conciliator recommends an Order in the form as attached scheduling a hearing on the Mother's Petition for Contempt and Modification. It is expected that the hearing will require at least one half-day. Date Dawn S. Sunday, Esquire Custody Conciliator DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY PETITION FOR RULE ABSOLUTE AND NOW, comes Carol J. Lindsay, Esquire, and petitions this Honorable Court as follows: 1. On August 30, 2005, the undersigned filed a Petition to Withdraw as counsel. 2. On September 2, 2005, this Honorable Court entered a Rule on the Plaintiff and the Defendant to show cause why the undersigned should not be permitted to withdraw as counsel. The Rule was returnable ten (10) days from the date of service. A copy of the Order of Court of September 2, 2005 is attached hereto as Exhibit "A". 3. The Order was served on September 14, 2005 on Plaintiff and on Defendant's counsel. Copies of the transmittal letters are attached hereto as Exhibit "B". 4. Ten (10) days have passed and neither party has filed an Answer. WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA permit the undersigned to withdraw as counsel. SAIDIS, SHUFF, Dated: October 7, 2005 ID No. 4469? 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff Y. P.C. I, the undersigned, hereby verify that the statements made herein are true and correct. SAIDIS SHOFF, FLOWER & LINDSAY I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authc Date: October 7, 2005 26 W. High Street Carlisle, PA RECEIVED AUG 2 1 M DONALD F. FOSTER, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-7432 CIVIL TERM MICHELLE R. ROBINETTE, CIVIL ACTION - LAW (f/k/a MICHELLE R. FOSTER), Defendant IN CUSTODY ORDER OF COURT ln? AND NOW, this day of 2005, upon consideration of the within Petition, a Rule is issued upon the parties in the captioned case to show cause why Carol J. Lindsay, Esquire, should not be permitted to withdraw as counsel for the Plaintiff/Respondent. Rule returnable /(0 days from the date of service of this Order. By the J. SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA 1r ,"' ? +r" i+yr? S 6.. i 5 f'?ir I LAW OFFICES JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SNUFF JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III MATTHEW J. ESHELMANt THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH SAIDIS, SNUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2436222 - FACSIMILE: (717) 243-6486 EMAIL: attorney®ssfl-law.com www.ssfl-law.com September 14, 2005 Donald Foster 57 State Road Mechanicsburg, PA 17050 Re: Foster v. Foster Dear Mr. Foster: REPLY TO CARLISLE Enclosed please find an Order of Court in the above referenced matter. If you have any questions, please feel free to contact my office. Very truly yours, CAMP HILL OFFICE: 2109 MARI''T STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 't Hoard Certified Creditors' Rights kceeetti.o n SANJ. HUFF, FLOWER & LINDSAY ? Carn sae CJL(bes Enclosure LAW OFFICES JOHN E. SLn<E ROBERT C. SAIDIS GEOFFREY S. SNUFF JAMES D. FLOWER, JR CAROL J. LINDSAY BRIAN C. CAFFREY GEORGE F. DOUGLAS, III MATTHEW J. ESHELMANt THOMAS E. FLOWER MARYLOU MATHS SUZANNE C. HIXENBAUGH SAIDIS, SNUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILES: (717) 243-64:86 EMAIL: attorney@ssfl-law.com www.ssfl-law.com September 14, 2005 Linda A. Clotfelter, Esquire 5021 East Trindle Road Suite 10D Mechanicsburg, PA 17050 Re: Foster v. Foster Dear Linda: REPLY TO CARLISLE Enclosed please find an Order of Court in the above referenced matter. If you have any questions, please feel free to contact my office. Very truly yours, CAMP HILL OFFICE 2109 MARKET STREE' CAMP HILL, PA 1701: TELEPHONE: (717)737-340! FACSIMILE: (717)737-340', tBovd Cenified CrMiiors' Ai'W ke .m vnfion SAIDIS, SFIL1FF, FLOWER & LINDSAY G &1frL Carol J. Lindsay, Esquire CJ L/bes Enclosure CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this 7th day of October, 2005, 1 served the within Petition for Rule Absolute by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Donald Foster Linda A. Clotfelter, Esquire 57 State Road 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Mechanicsburg, PA 17050 SAIDIS 81JR, FLOWER & LINDSAY SAIDIS, SHUFF, By: Carol J. Lin ay, ID# 44693 26 West High Stree Carlisle, PA 17013 (717) 243-6222 & LINDSAY, P.C. uire 26 W. High Street Carlisle, PA ?-? _; ?, -., _? T ('7 -+ Tllo-= __'cr, ..,,'; C7 U `a ? i ? ? li ,ice _. ..,C r. _, RECEIVED C-" :GCS SAIDIS SHUFF, FLOWER & LINDSAY ArMRNEYS•AT•LAW 26 W. High Street Carlisle, PA DONALD F. FOSTER, JR., Plaintiff/Respondent V. MICHELLE R. ROBINETTE, (f/k/a MICHELLE R. FOSTER), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7432 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this /3, day of OCAbK 2005, upon consideration of the within Petition, this Court's Rule of September 2, 2005 is hereby made absolute and Carol J. Lindsay, Esquire is permitted to withdraw as counsel for Donald F. Foster, Jr. a BY THE COURT, i? 'n Ii 1 .1.i0 SJ'O l DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/k/a MICHELLE R. FOSTER) Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-7432 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY PRAECIPE TO WITHDRAW PETITION TO THE PROTHONOTARY: Please withdraw without prejudice Defendant's Petition for Contempt and Modification of Custody that was previously filed on February 23, 2005. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: /A / I A' G 5 LI DA A. CLOTFELTER, ESC A orney I.D. 72963 5 21 E. Trindle Road, Suite 100 echanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Defendant DONALD F. FOSTER, JR., Plaintiff/Respondent VS. MICHELLE R. ROBINETTE (f/k/a MICHELLE R. FOSTER) Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 99-7432 CIVIL TERM : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE AND NOW, this ITI'day of December, 2005, the undersigned hereby certifies that a true and correct copy of the foregoing the Praecipe to Withdraw Petition was served upon the interested parties as follows: Donald F. Foster, Jr. 57 State Road Mechanicsburg, PA 17050 (first class mail, postage prepaid) The Honorable Kevin A. Hess Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (via hand-delivery) Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: 1))/13105 LI1TDA A. CLOTFELTER, ES( At orney I.D. 72963 5 1 1 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile r-o ?i .? -C? ? w ,.