HomeMy WebLinkAbout07-2425LUCAS DYLAN COLE,
vs.
NICOLE ANN FOSTER,
1. Plaintiff is Lucas Dylan Cole, hereinafter referred to as Father. Father's permanent
residence is 329 Center Road, Newville, Cumberland County, Pennsylvania 17241.
2. Defendant is Nicole Ann Foster, hereinafter referred to as Mother, residing at 412
Brian Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Father seeks a schedule for partial custody of the minor child:
Name Present Residence Age
Dominic Foster 412 Brian Court 5/19/04 DOB - ~ 3 years old
Mechanicsburg, PA
Dominic was born out of wedlock.
Dominic is presently in the custody of Mother.
During Dominic's lifetime, he has resided with the following persons and at the
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
N0.07- ~ya~ CIVIL TERM
Defendant :CUSTODY
COMPLAINT FOR CUSTODY
following addresses:
Name
Address
Date
Nicole Foster
Melanie Foster
Dwayne Grover
Nicole Foster
Unknown Others
Nicole Foster
Unknown Others
Newville, PA
birth -late 2004
Several Unknown Address late 2004 -1/OS
453 North West Street
Cazlisle, PA
1/OS -summer 2006
Nicole Foster 412 Brian Court summer 2006 -present
Unknown Others Mechanicsburg, PA
4. Father currently resides with the following persons:
Name Relationship
Kathryn Haubert Girlfriend
Chloe Cole Daughter with Ms. Haubert
Kaydynce Cole Daughter with Ms. Haubert
Arthur Haubert Ms. Haubert's Father
5. It is unknown whether Mother currently has any other persons living with her.
6. Father has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of Dominic in this or another court.
7. Father has no information of a custody proceeding concerning Dominic pending in a
court of this Commonwealth.
8. Father does not know of a person not a party to the proceedings who has physical
custody of Dominic or claims to have custody or visitation rights with respect to Dominic.
9. The best interest and permanent welfare of Dominic will be served by granting the
relief requested for reasons including, but not limited to the following:
a) Father has a safe and appropriate home environment where he can exercise
periods of partial physical custody with Dominic.
b) Father is actively involved in raising his daughters and has the parenting skills
and ability necessary to care for Dominic during custodial periods.
c) Father believes it is important for Dominic to know both parents and wishes to
develop, maintain and nurture afather/son relationship with Dominic.
d) Father has two children at home and wishes to help Dominic develop a
relationship with Father's family, including his extended family and his half-
sisters.
e) Mother has not acted in Dominic's best interests in ways including but not
limited to the following:
i) Upon learning of her pregnancy, Mother consistently refused to
allow Father to participate in pre-natal doctor appointments,
despite his attempts to stay involved and active.
ii) Mother refused to voluntarily provide Father with any information
about the baby's progress during the pregnancy and only provided
such information when Father came to Mother's workplace to ask
her about the pregnancy.
iii) Mother repeatedly moved and changed her telephone number to
preclude Father from having information about the pregnancy or
the child following his birth.
iv) Only recently did Mother provide Father with a current cell
number but when Father called to try to see Dominic, Mother
refuses to allow such contact. Father's only contact with Dominic
was at the paternity test through Domestic Relations. The only
other information Father has received from Mother regarding
Dominic was a sonogram picture, a photograph when Dominic was
one year old and a photograph when Dominic was two years old.
10. Each pazent whose pazental rights to Dominic have not been terminated and the
person who has physical custody of Dominic have been named as parties to this action.
WHEREFORE, Father requests this Court to grant him periods of partial physical
custody and shared legal custody of Dominic. Father further requests any other relief that is just
and proper.
Respectfully submitted,
,;
Je i a Holst, Esquire
d Penn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
VERIFICATION
The above-named PLAINTIFF, Lucas Dylan Cole, verifies that
the statements made in the above Complaint For Custody are true
and correct. Plaintiff understands that false statements herein
are made subject to the penalties of 18 Pa. C.s. §4904, relating
to unsworn falsification to authorities.
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Date : ~'~
Lucas Dylan Cole
LUCAS DYLAN COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs. N0.07- CIVIL TERM
NICOLE ANN FOSTER,
Defendant :CUSTODY
AFFIDAVIT OF SERVICE BY MAII.
I, Jessica Holst, do hereby swear that I served Nicole Ann Foster with a Complaint For
Custody on ~~~• ~ , 2007 by certified mail, return receipt, restricted delivery, to the
person and address below:
Nicole Ann Foster
412 Brian Court
Mechanicsburg, PA 17050
I, Jessica Holst, verify that the statements made in this Affidavit of Service 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: ~} /~i.l 0~02~7 Signature:
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LUCAS DYLAN COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
vs. N0.07- a ya ~ CIVII. TERM
NICOLE ANN FOSTER,
Defendant :CUSTODY
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Lucas Dylan Cole, Plaintiff, to proceed in forma ap uperis.
I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party.
Jess~c'd Holst, Esquire
Mi enn Legal Services
401 East Louther Street
Carlisle, PA 17013
(717) 243-9400
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LUCAS DYLAN COLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
v.
NICOLE ANN FOSTER
DEFENDANT
07-2425 C I Vi L ACTION LA W
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 02, 2007 ,upon consideration of the attached Complaint,
it is hereby directed that parties and. their respective counsel appear before John J. Mangan, Jr,, Esq. ,the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June O1, 2007 at 1:00 PM
for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporarv
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 al! 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/ ohn .Man an r. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO F}ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v, : No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER, IN CUSTODY
Defendant
ORDER OF COURT
AND NOW this ~ day of a 2007, upon consideration of the attached
Custody Conciliation Report, it is Ordered and Directed as follows:
1. The Father, Lucas Cole, and the Mother, Nicole Foster, shall have shared legal custody of
Dominic Foster, date of birth 5/19/04. The parties shall have an equal right to make all major
non-emergency decisions affecting the Child's general well-being including, but not limited to,
all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S.
§5309, each parent shall be entitled to all records and information pertaining to the child
including, but not limited to, medical, dental, religious or school records, the residence address
of the child and of the other parent. To the extent one parent has possession of any such
records or information, that parent shall be required to share the same, or copies thereof, with
the other parent within such reasonable time as to make the records and information of
reasonable use to the other parent.
2. The Mother shall enjoy primary physical custody of Dominic Foster, date of birth 5/19/04.
3. The Father shall have periods of partial physical custody with Dominic Foster supervised by
Mother at a mutually agreed upon public location. The Court notes that Father was to have a
custodial visit on 6/16/07 from 3:00 pm unti17:00 pm and Father failed to appear. Father shall
have visitation supervised by Mother Tuesdays and Thursdays from 5:30 pm until 7:00 pm in
an agreed upon public location. Father is directed to contact Mother two hours before said
visitation to confirm attendance. Should Father fail to contact Mother, Mother is not required
to meet as arranged. The parties may alter this arrangement upon mutual agreement.
4. The Mother shall provide the transportation for the custody visitation.
5. Holidays: Major holidays with the Child shall be alternated between the parents by mutual
agreement. It is understood that Mother always has Mother's Day and Father always has
Father's Day.
6. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties disparage the other
parent in the presence of the Child.
.~
8. In the event of a medical emergency, the custodial parry shall notify the other parties as soon
as practicable after the emergency is handled.
9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
J.
Distribution:
Jessica Holst, Esquire
~ole Foster, 412 Brian Court, Mechanicsburg, PA 17050
~ehn J. Mangan, Esquire
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LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
~, No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Dominic Foster 5/19/04 Mother
2. A Conciliation Conference was held with regard to this matter on June 1, 2007 and a
phone conference was held June 18, 2007 with the following individuals in attendance:
The Mother Nicole Foster, pro se
The Father, Lucas Cole, with his counsel, Jessica Holst, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
G
Date John gan, Esqu' e
Cust dy Conciliator
LUCAS D. COLE,
Petitioner,
V.
NICOLE A. FOSTER,
Respondent,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
CIVIL ACTION -LAW
No. 07-2425 CIVIL TERM
IN CUSTODY -
PRAECIPE TO PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Lucas D. Cole, Petitioner, to proceed in forma pauperis.
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eat
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1, Jerry A. Weigle, attorney for the party proceeding in forma ap uperis, certify that I
believe the party in unable to pay the costs and that I am providing free legal services to
the party.
WEIGLE & ASSOCIATES, P.C.
Date: S7 , 2 I ' If Z_
Je A. Weig Esquire
Attorney for Petitioner
Attorney ID #01624
126 East King Street
Shippensburg, PA 17257
717-532-7388
WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURGI PA 17257-1397
LUCAS D. COLE, : IN THE COURT OF COMMON PLEAS_ OF,_
Petitioner, : CUMBERLAND COUNTY
*1
"
V. 777
CIVIL ACTION - LAW
No. 07-2425 CIVIL TERM
NICOLE A. FOSTER, .r ?
Respondent, _
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER DATED OCTOBER 2, 2007
TO THE HONORABLE, THE SAID JUDGES OF THE SAID COURT:
Petitioner, by and through his attorney, Jerry A. Weigle, Esquire, and Weigle &
Associates, P.C., has filed this Petition to Modify a previous Custody Order and in
support thereof states as follows:
1. Petitioner is Lucas D. Cole, who presently resides at 329 Center Road, Newville,
Cumberland County, Pennsylvania.
2. Respondent is Nicole A. Foster, who presently resides at 244 Redwood Lane,
Carlisle, Cumberland County, Pennsylvania.
3. On or about October 2, 2007, the Court entered a Custody Order for the benefit of
Dominic Foster (hereinafter "Child"), a minor, a copy of which is attached
hereto, made a part hereto, and marked as Exhibit A.
4. Under the above reference Order, both Petitioner and Respondent were granted
shared legal custody of the said Dominic Foster, born May 19, 2004, which
primary residential custody in the Respondent and with periods of partial custody
in said Petitioner.
5. Your Petitioner was specifically granted periods of partial custody to be
supervised by Respondent at a public location on set days and times during the
week and with permission to alter said partial custody upon mutual consent.
6. Your Petitioner was also granted liberal telephone contact during times when he
was not exercising his periods of partial custody.
7. The Respondent has intentionally violated the spirit and intent of the Court's
Order by failing to provide the Petitioner with current addresses from time to time
and has refused to permit the Petitioner from exercising periods of partial custody
pursuant to the said Order and also phone contact when contacted.
-A-V P
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
8. Respondent has moved from location to location numerous times but has failed on
all occasions to provide your Petitioner with a phone number and physical address
in a deliberate attempt to prevent Petitioner from exercising his rights as ordered.
9. Based on the above, the Petitioner hereby requests that the Court's Custody Order
of October 2, 2007 be modified as follows:
A. Father shall have periods of unsupervised visitation every Sunday from
10:00 a.m. through 7:00 p.m.; and
B. Father shall have periods of unsupervised visitation every other
Wednesday evening from 4:00 p.m. through 8:00 p.m.
10. Your Petitioner believes and therefore avers that he is presently in a much better
position to become an active part of his son's life and that it is in his son's best
interest at this time to establish a father-son relationship.
11. The transportation for the partial custody exchange will be the responsibility of
the party assuming custody at a mutually agreed upon location.
12. Your Petitioner recognizes his legal obligation to help support his son to the best
of his financial ability and is presently current with his court ordered child
support.
13. Although your Petitioner recognizes that his exercise of periods of partial custody
due to the lengthy period of no contact must be gradual at this time, he,
nevertheless, reserves the right to further petition the Court for a more normal
custody schedule, if not full custody, upon his demonstration of a good and proper
father-son relationship which is in the best interest of said Dominic Foster.
WHEREFORE, Petitioner respectfully requests the Court to grant his request for a
modified Custody Order as outline herein.
Respectfully submitted,
Date: ?_ Z_l ~ j 2 -
WEIGLE & ASSOCIATES, P.C.
A. Weigle, Esquire
Attorney for Petitioner
Attorney ID #01624
126 East King Street
Shippensburg, PA 17257
717-532-7388
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
VERIFICATION
1, Lugs D. Cole, verify that the statements made in the foregoing Petition To
Modify Custody Order Dated October 2, 2007 are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unworn falsification to authorities.
Dated: ? -?,J -
1 ?--
Lucas D. Cole
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
CERTIFICATE OF SERVICE
AND NOW, this 21st day of May, 2012, I, Jerry A. Weigle, Esquire, hereby certify that I
have this day served the following person with a copy of the foregoing document, by depositing
same in the United States Mail, First Class, Postage Prepaid, addressed as follows:
Nichole A. Foster
244 Redwood Lane
Carlisle, PA 17012
WEIGLE & ASSOCIATES, P.C.
Ck.
Jero A. Weigle, Esquire
Attorney for Petitioner
126 East King Street
Shippensburg, PA 17257
Telephone: (717)532-7388
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
LUCAS D. COLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
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V. ,._
2007-2425 CIVIL ACTION LAW
74' -
NICOLE A. FOSTER
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, May 29, 2012 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 29, 2012 at 1:30 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. 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/ john j. Mangan, r. Es q- jjo
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
C&e tQLe Telephone (717) 249-3166
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LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER, N/K/A NICOLE IN CUSTODY
LEHMAN
Defendant
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW this .3 of- 4ay of July 2012, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The instant Order supersedes and replaces all prior Orders entered in this matter.
2. Legal Custody: The Father, Lucas Cole, and the Mother, Nicole Lehman, shall have shared
legal custody of Dominik Foster, date of birth 5/19/04. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including, but not limited to, medical, dental, religious or school rec?)rds,
the residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the sa e,
or copies thereof, with the other parent within such reasonable time as to make the recordstd
information of reasonable use to the other parent.
Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Father shall initially have contact with Dominik in a therapeutic setting (i.e. therapeutic
family counseling). The parents shall adhere to the professional's recommendation s in
regard to the extent/circumstances that Father shall have with Dominik. Mother has
agreed to, and shall, set up an intake appointment with a qualified counselor by Jul 06,
2012. Father has agreed to, and shall, bear the financial burden of the sessions (co-Pay)
after appropriate payment through insurance.
b. Father shall have additional contact/visitation with Dominik at other times and und4r
circumstances as the parties may mutually agree.
4. Holidays: Major holidays with the Child shall be alternated between the parents by mutual
agreement. It is understood that Mother always has Mother's Day and Father always has
Father's Day.
5. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties.
6. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties disparage the other
parent in the presence of the Child.
7. In the event of a medical emergency, the custodial party shall notify the other parties as sodn as
practicable after the emergency is handled.
8. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
9. During any periods of custody or visitation, the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
10. A status conference with the assigned conciliator is hereby scheduled for Friday Se temp 14
2012 at 1:00 pm at the Court of Common Pleas, Carlisle, PA.
11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may mo ify
the provisions of this Order by mutual consent. In the absence of mutual consent, the term of
this Order shall control.
By the Co
Distribution:
Jerry Weigle, Esquire, 126 East King Street, Shippensburg, PA 17257
Nicole Lehman, 244 Redwood Lane, Carlisle, PA 17015
John J. Mangan, Esquire
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LUCAS D. COLE,
Plaintiff
V.
NICOLE A. FOSTER, N/K/A NICOLE A.
LEHMAN
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-2425 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigatiot is
as follows:
Name Date of Birth Currently in the Custody of
Dominik Foster 5/19/04 Mother
2. A Conciliation Conference was held with regard to this matter on June 1, 2007, a p
conference was held June 18, 2007, an Order issued October 02, 2007 and a conference was held.
29, 2012 with the following individuals in attendance:
The Mother Nicole Foster, self-represented party
The Father, Lucas Cole, with his counsel, Jerry Weigle, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date
Jo J. angan, Esquire
Cu to y Conciliator
f.
LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER,N/K/A NICOLE IN CUSTODY
LEHMAN
Defendant :
Prior Judge: Edward E. Guido, J.
ORDER OF COURT
AND NOW thisf/day of July 2013, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. Absent agreement otherwise, the Order dated September 18, 2012 shall remain in full force and
effect.
2. A conference with the assigned conciliator is hereby scheduled for Friday July 26, 2013 at 3:00
pm. The parties may appear in person or via telephone upon request. If by telephone, the
conciliator shall initiate said call. The purpose of said conference is to ascertain why Father's
custodial periods with his son has not progressed as anticipated.
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Distribution: e � n
�Je Weigle, Esquire, 126 East King Street, Shippensburg,PA 17257 ru .
icole Lehman, 244 Redwood Lane, Carlisle, PA 17015
n J. Mangan, Esquire �A o
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LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER,N/K/A NICOLE A. IN CUSTODY
LEHMAN
Defendant
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining-to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Dominik Foster 5/19/04 Mother
2. A Conciliation Conference was held with regard to this,matter on June 1, 2007, a phone
conference was held June 18, 2007, an Order issued October 02, 2007, a conference was
held June 29, 2012, an Order issued July 03, 2012, a status conference was held
September 14, 2012, an Order issued September 18, 2012, a telephone conference was
held October 26, 2012 with the following individuals in attendance:
The Mother Nicole Foster, self-represented party
The Father, Lucas Cole, with his counsel, Jerry Weigle, Esquire.
3. The undersigned recommends the entry of an Order in the form as attached. The
undersigned requests a conference to ascertain why Father's custodial time with his son
has not progressed as anticipated.
Date Jo gan, Esquire
Cu tod Conciliator
C CP
LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2425 CIVIL ACTION LA)�2 4
NICOLE A. FOSTER,N/K/A NICOLE IN CUSTODY
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LEHMAN
Defendant ?''.,
�CD
Prior Judge: Edward E. Guido, J.
ORDER OF COURTr;fi
AND NOW this / S day of August 2013,upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. The instant Order supersedes and replaces all prior Orders entered in this matter.
2. Legal Custody: The Father, Lucas Cole, and the Mother,Nicole Lehman, shall have shared
legal custody of Dominik Foster, date of birth 5/19/04. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the child including,but not limited to,medical, dental,religious or school records,
the residence address of the child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. Month of August 2013: Father shall have custody every Tuesday from 12 pm until 6
pm.
b. Month of September 2013: Father shall have custody every Tuesday from after school
(appx 3:35 pm)until 7:30 pm and every Sunday from 12 pm until 6 pm.
c. Month of October 2013: Father shall have custody every Tuesday from after school
(appx. 3:35 pm) until 7:30 pm and every Sunday from 9 am until 6 pm.
d. Month of November: Father shall have custody every Tuesday from after school (appx.
3:35 pm) until 7:30 pm and alternating Saturdays from 3 pm until Sunday 3 pm.
e. Commencing month of December: Father shall have custody every Tuesday from after
school (appx. 3:35 pm) until 7:30 pm and on alternating weekends from Friday after
school (appx. 3:35 pm)until Sunday 6 pm.
f. If there is no school for exchanges,the parties shall exchange custody at the Wa1Mart at
the designated times.
g. Father shall have additional contact/visitation with Dominik at other times and under
circumstances as the parties may mutually agree.
4. Holidays: Major holidays with the Child shall be alternated between the parents by mutual
agreement. In the absence of agreement, the parties shall adhere to the following schedule:
Thanksgiving: Father shall have Thanksgiving day from 9 am until 6 pm and Mother shall
have Friday from 9 am until 6 pm; Christmas shall be split into block A and block B. Block A
shall be from 12 pm 12/24 until 12 pm 12/25 and block B shall be from 12 pm 12/25 until 12
pm 12/26. Mother shall have block A in odd years,block B in even years and Father shall have
block B in odd years and block A in even years. Easter: Father shall always have from
Saturday 6 pm until Sunday 12 pm and Mother shall have from Sunday 12 pm until Monday 12
pm. Each shall have Mother's day and Father's day from 9 am Sunday until 6 pin Sunday
respectively. It is understood'that Mother always has Mother's Day and Father always has
Father's Day. For Dominik's birthday,whichever parent does not have custody on his birthday
shall have custody the following Saturday from 9 am until 6 pm. The Monday holidays shall
attach to whomever has the preceding weekend.
5. Telephone contact between the Child and the non-custodial parent shall be liberal as agreed
upon between the parties.
6. Counseling: The parties are encouraged to continue to engage in therapeutic family counseling
as well as to continue to engage Dominik in his individual counseling until no longer
recommended.
7. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party,or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible,both parties shall not allow third parties disparage the other
parent in the presence of the Child.
8. In the event of a medical emergency,the custodial party shall notify the other party as soon as
possible after the emergency is handled.
9. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless(a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b)the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
10. During any periods of custody or visitation,the parties shall not possess or use illegal
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure,to the extent possible,that other household
members and/or house guests comply with this provision.
11. Commencing summer 2014, each parent shall have two non-consecutive weeks of vacation
with the Child per year. The requesting parent shall give the other parent 30 days advance
notice of the requested time and this vacation week shall supersede the regular physical custody
schedule. In the event the parties schedule conflicting vacations,the party first providing
written notice shall have the choice of vacation. Prior to departure,the parties will provide
each other with information regarding the intended vacation destination and a telephone
number at which they can be reached during their vacation. The parties may expand this
vacation time by mutual agreement.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control.
By the ourt
J.
D' nbution:
✓Je eigle, Esquire, 126 East King Street, Shippensburg, PA 17257
is Lehman,244 Redwood Lane, Carlisle, PA 17015
o J. Mangan, Es uir
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day 1St Half From Saturday 6 pm until Sunday 12 Father Father
m
Easter Day 2"d Half From Sunday 12 pm until Monday Mother Mother
12 pm
Thanksgiving 1St From 9 am Thursday until 6 pm Father Father
Half
Thanksgiving 2" From Friday 9 am until 6 pm Mother Mother
half
Christmas 1St Half . From noon on 12/24 to noon on Father Mother
12/25
Christmas 2 Half From noon on 12/25 to noon on Mother Father
12/26
Mother's Day From 9 am until 6 pin Mother Mother
Father's Day From 9 am until 6 pm I Father Father
LUCAS D. COLE, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2425 CIVIL ACTION LAW
NICOLE A. FOSTER,N/K/A NICOLE A. IN CUSTODY
LEHMAN
Defendant
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the Child who is the subject of this litigation is
as follows:
Name Date of Birth Currently in the Custody of
Dominik Foster 5/19/04 Mother
2. A Conciliation Conference was held with regard to this matter on June 1, 2007, a phone
conference was held June 18,2007, an Order issued October.02, 2007, a conference was
held June 29, 2012, an Order issued July 03, 2012, a status conference was held
September 14, 2012, an Order issued September 18, 2012, a telephone conference was
held October 26, 2012 and another telephone conference was held July 26, 2013 with
the following individuals in attendance:
The Mother Nicole Foster, self-represented party
The Father, Lucas Cole, with his counsel, Jerry Weigle, Esquire.
3. The parties agreed to the entry of an Order in the form as attached.
Date John a an, squire
Cust dy onciliator