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HomeMy WebLinkAbout01-2540 DANIEL E. LUCAS, SR., Plaintiff VS. AMY D. LUCAS, Defendant • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 01 - .7y?/d TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1• Plaintiff is Daniel E. Lucas, Sr., an adult individual who currently resides at 15 East Simpson Street, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2• Defendant is Amy D. Lucas, an adult individual who currently resides at 103 Woodside Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff seeks the entry of a custody order involving the minor children, Rachelle, D.O.B. February 12, 1996, and Daniel E. Lucas, Jr., D.O.B. March 14, 1998. 4. The parties previously resided together and are the natural parents of the child. 5. During the past three (3) years, the children have resided with Plaintiff and Defendant at 15 East Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. The natural mother of the child is Defendant who resides with her parents and Gregory M. Feltman, (8) years old. 7. The natural father of the child is Plaintiff who resides with no other individual. 8. No present custody order exists and Plaintiff has no knowledge of any other litigation concerning custody of the child in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. Defendant has recently moved from the marital residence and taken the children with her to her parents home. 11. Defendant has recently refused Plaintiff physical and legal custody of the children without grounds and without basis. 12. As a result of Defendants decision to move from the marital residence, Plaintiff and Defendant have been unable to agree upon a custody schedule, pick-up and drop-off times, transportation issues, primary physical custody, holidays, medical decisions and other legal custody issues. 13. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 14. The best interests and permanent welfare of the children will be served by ordering that both parties share legal custody of the child and directing that Plaintiff shall have primary physical custody of the child and that Defendant shall have periods of partial physical, supervised, custody activities for 2 the following reasons: (A) Plaintiff is a fit parent who can take care of the children and who can provide them with a supportive, safe and healthy environment; (B) Defendant's conduct and behavior is not in the best interest of the children in that: (i) Defendant has demonstrated a loss of control and fits of anger in the presence of the minor children; and (ii) Defendant has a violent temper and has demonstrated physical abuse with the children and with Plaintiff; and (iii) Defendant has disparaged Plaintiffs reputation in the presence of the children, threatening a variety of results if Plaintiff does not comply with Defendant's directives and wishes; (iv) Defendant has demonstrated in the past a lack of general concern for the welfare of the minor children and has demonstrated a lack of concern for her other natural children from prior relationships. (v) Defendant is unable to reside by herself without the assistance of her parents or other persons. 15. Plaintiff is capable of insuring a supportive and loving environment for the child, a home with appropriate lodging and insuring that the child is properly cared for, including making arrangements for day care when both parents are working. 3 WHEREFORE, Daniel E. Lucas, Sr., Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants Plaintiff primary physical custody with periods of partial physical custody to Defendant, together with an Order requiring Defendant to undergo psychological testing and anger management counselling so as to determine whether Defendant is a danger to the children. Respectfully submitted, Date: April SO , 2001 Andrew C. Sheely, s uire Attorney for Plai Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 4 VERIFICATION I verify that the statements made in this Complaint for Custody 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. 0r Date: April 30 , 2001 Daniel E. Lucas gy - . ? . m n .• ? ,? l. aN -C y DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMY D. LUCAS 01-2540 CIVIL ACTION LAW DEFENDANT IN CUSTODY Tbursda , Ma 03, 2001 upon consideration of the attached Complaint, AND NOW, na,.,n c_ Sundav. Esa. it conconciliator, it is hereby directed that parties and their respective counsel appear before I Mechantesbu , PA 17055 on Thursday May31, 2001. at at 39 west Main Street, lint for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ter into a tem orary if this cannot be accomplished, oto define an narrow the lder may a to be present at the conference. Fa court, and to appea at the conferee epmay order. All children age five or permanent order. provide grounds for entry of a temporary or Pe 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, /S% By: 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 contact our office. accommodations available to disabled individuals having business before the court, please 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 N ATTORNEY AFFORD CON , GO To OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ?"'' '? •? ion f KU,N r DANIEL E. LUCAS, SR., Plaintiff VS. AMY D. LUCAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2540 CIVIL TERM : CIVIL ACTION - LAW CUSTODY IN ACCORDANCE WITH CUMBERLAND CO[1PPY RDLE OF CIVIL FFDCBD= 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CaRRENTLY IN CUMUor of Rachelle Lucas February 12, 1996 Mother Daniel E. Lucas, Jr. March 14, 1998 Mother 2. A Conciliation Conference was held on May 31, 2001, with the following individuals in attendance: The Father, Daniel E. Lucas, sr., with his counsel, Andrew C. Shealy, Esquire, and the Mother, Amy D. Lucas, with her counsel, Richard C. Gaffney, Esquire and Laura Gargiulo, Esquire. 3. The parties agreed to entry of an order in the form as attached. y ado Date Dawn-Z-. Sunday, Esquire Custody Conciliator DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-2540 CIVIL ACTION LAW V. AMY D. LUCAS DEFENDANT IN CUSTODY AND NOW, Tuesday, September 18, 2001 , 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 Thursday, October 18, 2001 at 12••30 p.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. 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: lsl lawn S. Sunda y, Ejq 00 0 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 a la ono r•'? ??i ! ?`:' a -° des ?,- ,,,,... DANIEL E. LUCAS, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY AMY D. LUCAS, 01 - -57 09 Defendant PETITION FOR CONTEMPT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Daniel E. Lucas, Sr., an adult individual who currently resides at 15 East Simpson Street, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2. Defendant is Amy D. Lucas, an adult individual who currently resides at 1083 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks the entry of a custody order involving the minor children, Rachelle, D.O.B. February 12, 1996, and Daniel E. Lucas, Jr., D.O.B. March 14, 1998. 4. On or about June 20, 2001, the Honorable Edgar B. Bayley entered a Court Order establishing a temporary custody arrangement pending completion of a custody evaluation by Dr. Stanley Schneider. A copy of the Custody order is attached hereto as Exhibit "A". 5. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the Order of Court by refusing to attend or schedule an evaluation with Dr. Schneider causing inordinate delays in resolving the custody matters. 6. Nearly ninety days have transpired since the entry of the June 20, 2001 Order of Court and Defendant has not participated in the Court ordered evaluation as required by Paragraph 1 of the June 20, 2001 Court Order. 7. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the order of court by not complying with the transportation requirements of Paragraph 2 (f). B. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly verbally abused Plaintiff during pick-ups and drop-offs and has threatened Plaintiff with physical harm in the presence of the children in violation of paragraph 7 of the Order of Court. 9. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the order of Court by not providing the children with a safe environment in violation of Paragraph 7 of the Order of Court. 10. On or about September 2, 2001, Defendant disappeared with another adult male and subsequently reported that she and the man had been "kidnapped" for a period of three days. 11. During this alleged period of kidnapping, Defendant failed to notify Plaintiff of her whereabouts or pick-up the children as required by the Court Order. 12. Defendant has failed to communicate regularly with Plaintiff regarding fundamental custody issues in violation of 2 paragraph 2 of the order of Court. 13. The Defendant's behavior since the entry of the Custody Order is not in the children's best interest. 14. Defendant's behavior has been unpredictable, inconsistent and unreliable. WHEREFORE, Daniel E. Lucas, Sr., Plaintiff herein, respectfully requests that your Honorable Court find Defendant in Contempt of Court, grant Plaintiff primary physical and custody of the minor children pending completion of the Custody evaluation and enter an award for attorney fees and costs for Plaintiff as the result of having to file this instant Petition. Respectfully submitted, Date: September 13, 2001 Andrew C. Sheely, E -JC Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 VERIFICATION I verify that the statements made in this Petition for Contempt Custody 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: September 13 , 2001 a Daniel E. Lucas EXHIBIT "A" DANIEL E. LUCAS, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-2540 CIVIL TERM : CIVIL ACTION - LAW AMY D. LUCAS, Defendant . CUSTODY ORDER OF COURT AND NOW, this 20 day of _ , 2001, upon consideration of the attached Custody Conjiliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning interim and ongoing custody arrangements which will best serve the interests and needs of the Children. The parties shall equally share all costs of the evaluation. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties, the Children, or other individuals being evaluated. 2. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall share having legal custody of the Children and shall have physical custody in accordance with the following schedule: A. The Father shall have custody of the Children for two consecutive weekends, beginning Friday, June 1, 2001 from Friday at 3:00 p.m. when the Father shall pick up the Children from day care through Sunday evening at 7:00 p.m. The Mother shall have custody of the Children on the weekend beginning June 15, 2001 and thereafter the parties shall alternate having custody of the Children on weekends from Friday at 3:00 p.m. until Sunday at 7:00 p.m. B. Beginning June 5, 2001, the Father shall have custody of the Children every week from Tuesday at 3:00 p.m. when the Father shall pick up the Children from day care through the following morning at 6:30 a.m., when the Father shall return the Children to day care. C. Beginning June 7, 2001, the Father shall have custody of the Children every Thursday from 3:00 p.m. when the Father shall pick up the Children from day care through 7:00 p.m. DANIEL E. LUCAS, SR., Plaintiff Vs. AMY D. LUCAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2540 CIVIL TERM CIVIL ACTION - LAW : CUSTODY casmar CONCILIATION SUMNARY REPORT IN ACCORDANCE WPPB GRID COUNTY RULB OF CIVIL PROCEDURE 1915.3-81 the undersigned Custody Conciliator submits the following report: 1. The pertinent informations concerning the Children who are the subjects of this litigation is as follows: NAM E DATE of BIRTH C[RRENMY IN CUSTODY OF Rachelle Lucas February 12, 1996 Mother Daniel E. Lucas, Jr. March 14, 1998 Mother 2. A Conciliation Conference was held on may 31, 2001, with the following individuals in attendance: The Father, Daniel E. Lucas, Sr., with his counsel, Andrew C. Shealy, Esquire, and the Mother, Amy D. Lucas, with her counsel, Richard C. Gaffney, Esquire and Laura Gargiulo, Esquire. 3. The parties agreed to entry of an Order in the form as attached. zU / Date Dawn . Sunday, Esquire Custody Conciliator D. The Father may have additional periods of custody with the Children as arranged by agreement of the parties. E. The Mother shall have custody of the Children at all times not otherwise specified for the Father under this order. F. For all exchanges of custody which do not take place at either the beginning or the end of day care, the parties shall exchange custody at the Turkey Hill convenience store in Mechanicsburg. 3. Neither party shall permit unrelated persons to reside in his or her residence. The Father shall not permit male friends or relatives to stay overnight at his residence. 4. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 5. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary. 7. Neither party shall do or say anything which nay estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. 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, ?s J. cc: Andrew c. Shealy, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand Richard C. Gaffney, Esquire - Counsel for Mother and tool seal of sai oyrt at Carlisle, Pa. 04 A? O' f 1 , ? -" w c - DANIEL E. LUCAS, SR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. AMY D. LUCAS, DEFENDANT 01-2540 CIVIL TERM AND NOW, this -2-;2 -----.day of October, 2001, upon agreement of counsel, the father, Daniel E. Lucas, Sr., shall retain primary physical custody of the minor children, Rachelle Lucas, born February 12, 1996, and Daniel E. Lucas, Jr., born March 14, 1998, pending further order of court. Andrew C. Shealy, Esquire For Plaintiff Jane Alexander, Esquire Alexander, For Defendant By the Court," Edgar B. Ba , . AIV" :sea VjNyfii?,Znh38 ^^ DANIEL E. LUCAS, SR., Plaintiff VS. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 01 - 2 5-`10 CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition for Special Relief upon Jane Alexander, Esquire, by fax transmission on October 19, 2001. I further state that I was advised by Jane Alexander, Esquire, that she did/ did not concur with the attached Petition prior to its filing on the date set forth below. Date: October Iy , 2001 Andrew C. Sheely, Esquire Attorney for Petitioner 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 "'r7 given ?0 5?ey Copt, mailect? 6 j4m 41exa??a . DANIEL E. LUCAS, SR., Plaintiff Vs. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 01 - LSe/ 0 ORDER OF COURT IN RE: PETITION FOR EMERGENCY RELIEF AND NOW, this 1?1 day of ^,?if rf- 2 upon consideration of the foregoing petition, it is hereby ORDERED and DECREED that Plaintiff, DANIEL E. LUCAS, SR., shall have primary physical custody of the minor children, Rachelle Lucas, D.O.B. February 12, 1996, and Daniel E. Lucas, Jr., D.O.B. March 14, 1998, pending an emergency hearing which is scheduled for the ILIA- day of 2001, in Courtroom No. at m, on the Fourth Floor of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY THE COURT, , •i /l P . squire p ,r,a If? ?• c? Attorney for Plaintiff 1 Jane Alexander, Esquire Attorney for Defendant a a a 0 0 ii?-, r-? c 3 ?F R so \j c,. ;c; DANIEL E. LUCAS, SR., Plaintiff VS. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY 01-LSyo PETITION FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Plaintiff is Daniel E. Lucas, Sr., an adult individual who currently resides at 15 East Simpson Street, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2. Defendant is Amy D. Lucas, an adult individual with a last known of 1083 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks an emergency or temporary custody order involving the minor children, Rachelle Lucas, D.O.B. February 12, 1996, and Daniel E. Lucas, Jr., D.O.B. March 14, 1998. 4. On or about June 20, 2001, the Honorable Edgar B. Bayley entered a Court Order establishing a temporary custody arrangement pending completion of a custody evaluation by Dr. Stanley Schneider. A copy of the Custody order is attached hereto as Exhibit "A". 5. Due to Defendant's failure to comply with numerous provisions of the Court Order, Petitioner filed a Petition for Contempt on September 14, 2001. 6. The Petition for Contempt raised substantial concerns regarding Defendant/Respondent's behavior, including threats of physical abuse to Plaintiff, allegations that Defendant/Respondent had been "kidnapped" for periods of time and the inability of Plaintiff to determine the whereabouts of Defendant/Respondent for extended periods of time. 7. Defendant/Respondent has failed to attend the required evaluation after numerous notices for her to attend and phone calls from Dr. Schneider's office. 8. Following the submission of the Petition for Contempt, a custody conciliation conference was scheduled for October 18, 2001 at the Conciliator Sunday's office in Mechanicsburg, Pennsylvania, at 12:30 p.m. 9. At 9:30 a.m. on Thursday, October 18, 2001, Plaintiff's Counsel, Andrew C. Sheely, Esquire, received a phone call from the conciliator's office indicating that the conciliation conference had been canceled due to an incident wherein Defendant/Respondent and her father appeared at the conciliator's office in advance of the scheduled conference and created a significant confrontation regarding the pending conciliation conference. 10. The cancellation came without any contact from Defendant/Respondent's counsel. 11. A subsequent conciliation has been scheduled for Friday, October 26, 2001 at 9:00 a.m. at the Old Courthouse due to the conciliator's request for security offered by the Cumberland County Sheriff's office. 12. Shortly after the conciliation conference had been canceled, Plaintiff/Petitioner received a threatening phone call on 2 his answering machine at his home from a person whom he believed to be the paramour of Defendant/Respondent threatening that "Bubba was going to settle these matters". 13. The cancellation of the conciliation conference has caused Plaintiff to incur additional legal fees and costs associated with having to reschedule the conference. 14. Plaintiff has had exclusive custody of the minor children since August of 2001 as Defendant/Respondent has not desired to obtain the children for custody purposes for reasons unknown to Plaintiff. 15. Plaintiff seeks a temporary custody order establishing primary physical custody pending Defendant/Respondent's completion of the Court Ordered evaluation with Dr. Schneider. 16. Plaintiff seeks attorney fees and costs associated with filing the instant Petition for Emergency Relief and the prior Petition for the reasons set forth therein. 17. As alleged in the prior Petition, the Defendant's behavior since the entry of the June Custody Order has been unpredictable, inconsistent and unreliable, and in no way in the best interests of the minor children. WHEREFORE, Daniel E. Lucas, Sr., Plaintiff herein, respectfully requests that your Honorable Court find Defendant in Contempt of Court, grant Plaintiff primary physical custody of the minor children pending completion of the Custody evaluation and enter an award for attorney fees and costs for Plaintiff as the result of 3 having to file this instant Petition and the prior Petition. Respectfully submitted, Date: October 19, 2001 Andrew C. Shed y, u e Attorney for Plainti Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 VERIFICATION I verify that the statements made in this Petition for Contempt Custody 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. to lb l`?? Date: October 2001 Danie B. Lucas EXHIBIT "A" DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF 01-2540 CIVIL ACTION LAW V. AMY D. LUCAS DEFENDANT IN CUSTODY AND NOW, Tuesday, September 18, 2001 , 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 Thursday, October 18, 2001 at 12••30 p.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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sundae. LWAO Custody Conciliator 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. 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 TRUE C^P'! FR'--'A rE'%- ?PD In Testimony -..hsrcc#, I h:ra it::te sat my hand and ;ha scai oil said Court at C rhsla, Pa. This ....?.... day of...., o. .............. . y a-.....ee:. '? .:.. Prothonotary DANIEL E. LUCAS, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY AMY D. LUCAS, 01 - ZSVO Defendant ORDER OF COURT AND NOW, , 2001 , upon consideration of the attached Custody Complaint, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the d 2001, at o'clock .m., Conciliation Conference. At such to resolve the issues in dispute; to define and narrow the issues to enter into a temporary order. All also be present at the conference. conference may provide grounds for order. -J -- for a Pre-Hearing Custody conference, an effort will be made or if this cannot be accomplished, o be heard by the court, and to children age five or older may Failure to appear at the r entry of a temporary or permanent FOR THE COURT, By: Custody Conciliator 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. YOU SHOULD TAKE THIS YOU DO NOT HAVE A LAWYER TELEPHONE THE OFFICE SET CAN GET LEGAL HELP. PAPER TO YOUR LAWYER AT ONCE. IF OR CANNOT AFFORD ONE, GO TO OR FORTH BELOW TO FIND OUT WHERE YOU Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 DANIEL E. LUCAS, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - CUSTODY AMY D. LUCAS, 01 - L Sy 0 C? r_• r? Defendant Z'[, f 1 r PETITION FOR CONTEMPT i.. TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ?a 1. Plaintiff is Daniel E. Lucas, Sr., an adult individual who currently resides at 15 East Simpson Street, Mechanicsburg, Cumberland County Pennsylvania, 17055. 2. Defendant is Amy D. Lucas, an adult individual who currently resides at 1083 Nanroc Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks the entry of a custody order involving the minor children, Rachelle, D.O.B. February 12, 1996, and Daniel E. Lucas, Jr., D.O.B. March 14, 1998. 4. On or about June 20, 2001, the Honorable Edgar B. Bayley entered a court order establishing a temporary custody arrangement pending completion of a custody evaluation by Dr. Stanley Schneider. A copy of the Custody order is attached hereto as Exhibit "A". 5. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the Order of Court by refusing to attend or schedule an evaluation with Dr. Schneider causing inordinate delays in resolving the custody matters. 6. Nearly ninety days have transpired since the entry of the June 20, 2001 Order of Court and Defendant has not participated in the Court Ordered evaluation as required by Paragraph 1 of the June 20, 2001 Court order. 7. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the Order of Court by not complying with the transportation requirements of Paragraph 2 (f). 8. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly verbally abused Plaintiff during pick-ups and drop-offs and has threatened Plaintiff with physical harm in the presence of the children in violation of paragraph 7 of the Order of Court. 9. Subsequent to the entry of the June 20, 2001 Order of Court, Defendant has repeatedly failed to comply with the order of Court by not providing the children with a safe environment in violation of Paragraph 7 of the Order of Court. 10. On or about September 2, 2001, Defendant disappeared with another adult male and subsequently reported that she and the man had been "kidnapped" for a period of three days. 11. During this alleged period of kidnapping, Defendant failed to notify Plaintiff of her whereabouts or pick-up the children as required by the Court Order. 12. Defendant has failed to communicate regularly with Plaintiff regarding fundamental custody issues in violation of 2 paragraph 2 of the Order of Court. 13. The Defendant's behavior since the entry of the Custody order is not in the children's best interest. 14. Defendant's behavior has been unpredictable, inconsistent and unreliable. , Daniel F. Lucas, Sr., Plaintiff herein, respectfully requests that your Honorable Court find Defendant in Contempt of Court, grant Plaintiff primary physical and custody of the minor children pending completion of the custody evaluation and enter an award for attorney fees and costs for Plaintiff as the result of having to file this instant Petition. Respectfully submitted, Date: September 13, 2001 Andrew C. Sheely, Bs*&i're Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 3 VERIFICATION I verify that the statements made in this Petition for Contempt Custody are true and correct. I understand that false statements herein are made subject to the penalties of 16 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. D Date: September 13 2001 Daniel-E. Lucas DANIEL E. LUCAS, SR., . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-2590 CIVIL TERM : CIVIL ACTION - LAW AMY D. LUCAS, Defendant CUSTODY ORDER CF COURT AND NOW, this 20 day of , 2001, upon consideration of the attached Custody iliath.on Report, it is ordered and directed as follows: 1. The parties shall submit themselves, their minor Children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, or other professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning interim and ongoing custody arrangements which will best serve the interests and needs of the Children. The parties shall equally share all costs of the evaluation. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties, the Children, or other individuals being evaluated. 2. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall share having legal custody of the Children and shall have physical custody in accordance with the following schedule: A. The Father shall have custody of the Children for two consecutive weekends, beginning Friday, June 1, 2001 from Friday at 3:00 p.m. when the Father shall pick up the Children from day care through Sunday evening at 7:00 p.m. The mother shall have custody of the Children on the weekend beginning June 15, 2001 and thereafter the parties shall alternate having custody of the Children on weekends from Friday at 3:00 p.m. until Sunday at 7:00 p.m. B. Beginning June 5, 2001, the Father shall have custody of the Children every week from Tuesday at 3:00 p.m. when the Father shall pick up the Children from day care through the following morning at 6:30 a.m., when the Father shall return the Children to day care. C. Beginning June 7, 2001, the Father shall have custody of the Children every Thursday from 3:00 p.m. when the Father shall pick up the Children from day care through 7:00 p.m. D. The Father may have additional periods of custody with the Children as arranged by agreement of the parties. E. The Mother shall have custody of the Children at all times not otherwise specified for the Father under this Order. F. For all exchanges of custody which do not take place at either the beginning or the end of day care, the parties shall exchange custody at the Turkey Hill convenience store in Mechanicsburg. 3. Neither party shall permit unrelated persons to reside in his or her residence. The Father shall not permit male friends or relatives to stay overnight at his residence. 4. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 5. The non-custodial parent shall be entitled to have reasonable telephone contact with the Children. 6. Within 60 days of receipt of the evaluator's written custody recommendations, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference if necessary. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. B. 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, cc: Andrew C. Sheel, Es TRUE COPY FROM RECORD y quire - Counsel for Father In Testimony whereof, I here unto set my hand Richard C. Gaffney, Esquire - Counsel for Mother and t? seal of saidAoyrt at Carlisle, Pa. DANIEL E. LUCAS, SR., Plaintiff Vs. ANY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2540 CIVIL TERM CIVIL ACTION - LAW CUSTODY IN ACCORDANCE WrM CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The Pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF RIM CURRENTLY IN CUSTCpy CF Rachelle Lucas February 12, 1996 Mother Daniel E. Lucas, Jr. March 14, 1998 Mother 2. A Conciliation Conference was held on may 31, 2001, with the following individuals in attendance: The Father, Daniel E. Lucas, Sr., with his counsel, Andrew C. Sheely, Esquire, and the Mother, Amy D. Lucas, with her counsel, Richard C. Gaffney, Esquire and Laura Gargiulo, Esquire. 3. The parties agreed to entry of an order in the form as attached. 7U/ Date' -? Dawn Sunda , Es . Y quire Custody Conciliator O v ? OQ (?P ?Q -C W j ar n FE n r Cll in DANIEL E. LUCAS, SR., Plaintiff vs. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2540 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of consideration of the attached Custody Conciliation Report, it is ordered and directed as fol o20 ws: upon 1. The prior Order of this Court dated June 20, 2001 is vacated and replaced with this Order, with the exception of the provision in the prior Order requiring the parties to obtain a custody evaluation which shall continue in effect. 2. The Mother shall promptly contact Dr. Schneider's office to schedule and complete her portion of the custody evaluation without further delay. In addition to recommendations concerning ongoing custody arrangements which will best serve the interests and needs of the Children, the parties shall also obtain written interim recommendations concerning custody arrangements for the Mother pending completion of the evaluation. The parties shall follow all interim custody recommendations issued by the evaluator. The parties shall also obtain an assessment from the evaluator as to whether counseling for Rachelle is advisable in connection with a past incident involving a criminal matter. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall share having legal custody and the Father shall have primary physical custody of the Children. 4. Pending receipt of written interim custody recommendations from the evaluator, the Mother shall have partial physical custody of the Children every Saturday from 10:00 a.m. until 1:00 p.m. beginning October 27, 2001. The Mother's periods of custody under this provision shall take place at the Capitol City Mall. The parties shall exchange custody at the Food Court in the Mall. The parties shall ensure that no third parties including relatives or friends of the parties, are present at the exchanges or during the periods of custody. 5. The Mother shall be entitled to contact the Children by telephone between 6:00 p.m. and 7:30 p.m. each day, at which time the Father shall make the Children available. In the event the Father and the Children are not home at the time of the Mother's call due to special circumstances, the Mother shall leave a message on the Father's answering machine. The Father shall ensure that the Children return the Mother's call before bedtime on the same day. 6. Neither party shall permit unrelated persons to reside in his or her residence. Neither party shall permit either male or female friends or relatives to stay overnight at his or her residence. 7. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Within 60 days of receipt of the evaluator's written custody recommendations for ongoing arrangements, counsel for either party may contact the Conciliator to schedule an addition Custody Conciliation Conference, if necessary. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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 Edgar B. Bayle , J. cc: Andrew C. Sheely, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel for Mother Q a3 J Q r., ??/:?.,. ? vj :. 'ii `I,i. ??.i '. i :;y) ' L ?? ?'?? DANIEL E. LUCAS, SR., Plaintiff Vs. AMY D. LUCAS, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2540 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 Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachelle Lucas February 12, 1996 Father Daniel Lucas March 14, 1998 Father 2. A Conciliation Conference was originally scheduled for October 18, 2001 in the Conciliator's office but was rescheduled to October 26, 2001, in the Cumberland County Court House with a sheriff present, if necessary. The following individuals were present: The Father, Daniel E. Lucas, Sr., with his counsel, Andrew C. Sheely, Esquire, and the Mother, Amy D. Lucas, with her counsel, Jane M. Alexander, Esquire. 3. The Father filed this Petition for Contempt based on the Mother's failure to participate in a custody evaluation as required by the Order dated June 20, 2001. The parties were able to reach an agreement to resolve the contempt issues. However, the parties acknowledge that in order to avoid future contempt findings, the Mother must promptly schedule and cooperate in completing her sessions with the custody evaluator and both parties must strictly comply with all other provisions of the attached Order. 4. The parties agreed to entry of an Order in the form as attached. At the Conference, each party confirmed that he or she voluntarily agreed to the terms contained in the proposed Order and after having an opportunity to raise any additional questions or concerns either personally or through counsel. Date Dawn S. Sunday, Esquire Custody Conciliator DANIEL E. LUCAS, SR. Plaintiff V. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 01-2540 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PETITION TO MODIFY CUSTODY AND NOW, the Defendant, Amy D. Lucas, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Defendant above, is Amy D. Lucas (hereinafter referred to as Mother), an adult individual temporarily residing at 640 Grahams Wood Road, Newville, Cumberland County, Pennsylvania, 17241-9719. 2. Respondent, Plaintiff above, is Daniel E. Lucas, Sr. (hereinafter referred to as Father), an adult individual currently residing at 15 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are the natural parents of two children, namely Rachelle Lucas, born February 12, 1996, and Daniel E. Lucas, Jr., born March 14, 1998. 4. The parties were divorced from each other on November 1, 2005. 5. The parties previously entered into an Agreement regarding custody and an Order was issued on November 5, 2001. (See Exhibit A -1115101 Order). 6. Shortly after the November 5, 2001 Order was entered, Mother moved back in with Father so she could better participate with parenting the children. 7. Since December of 2001, Mother has primarily resided with Father and the children. On a few occasions, Mother did move out because she did not agree with Father's requirement that she turn over her entire paycheck to him, but most recently she has lived with Father and the children continuously for the past three (3) years. 8. Mother left the residence approximately three (3) weeks ago. Since that time, Father has been strictly adhering to the November 5, 2001 custody order which significantly limits Mother's custodial time with the children. 9. The schedule set forth in the November 5, 2001 custody order is highly inappropriate in light of the fact that until recently Mother was residing with Father and the children and shared child rearing responsibilities equally with Father. The Order should be changed as soon as possible since the children are used to spending much more time with Mother than Father is currently allowing. WHEREFORE, Defendant Mother respectfully requests this Honorable Court to modify the current Order of Court such that he has shared physical custody of her children. RESPECTFULLY SUBMITTED: BY: e B. Costopoulos, Esquire PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Fascimile: (717) 909-4068 ATTORNEY FOR DEFENDANT/PETITIONER DATE: 101121ZO0;k- EXHIBIT A DANIEL E. LUCAS, SR., Plaintiff vs. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2540 CIVIL ACTION LAW IN CUSTODY OORDFR OF COURT AND NOW, this day of 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The prior Order of this Court dated June 20, 2001 is vacated and replaced with this Order, with the exception of the provision in the prior Order requiring the parties to obtain a custody evaluation which shall continue in effect. 2. The Mother shall promptly contact Dr. Schneider's office to schedule and complete her portion of the custody evaluation without further delay. In addition to recommendations concerning ongoing custody arrangements which will best serve the interests and needs of the Children, the parties shall also obtain written interim recommendations concerning custody arrangements for the Mother pending completion of the evaluation. The parties shall follow all interim custody recommendations issued by the evaluator. The parties shall also obtain an assessment from the evaluator as to whether counseling for Rachelle is advisable in connection with a past incident involving a criminal matter. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall share having legal custody and the Father shall have primary physical custody of the Children. 4. Pending receipt of written interim custody recommendations from the evaluator, the Mother shall have partial physical custody of the Children every Saturday from 10:00 a.m. until 1:00 p.m. beginning October 27, 2001. The Mother's periods of custody under this provision shall take place at the Capitol City Mall. The parties shall exchange custody at the Food Court in the Mall. The parties shall ensure that no third parties including relatives or friends of the parties, are present at the exchanges or during the periods of custody. 5. The Mother shall be entitled to contact the Children by telephone between 6:00 p.m. and 7:30 p.m. each day, at which time the Father shall make the Children available. In the event the Father and the Children are not home at the time of the Mother's call due to special circumstances, the Mother shall leave a message on the Father's answering machine. The Father shall ensure that the Children return the Mother's call before bedtime on the same day. 6. Neither party shall permit unrelated persons to reside in his or her residence. Neither party shall permit either male or female friends or relatives to stay overnight at his or her residence. 7. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Within 60 days of receipt of the evaluator's written custody recommendations for ongoing arrangements, counsel for either party may contact the Conciliator to schedule an addition Custody Conciliation Conference, if necessary. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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 C,OtJRT? Edgar B. Bayle , J. cc: Andrew C. Sheely, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel for Mother ir5 o1?R?1,. DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2540 CIVIL ACTION - LAW AMY D. LUCAS, Defendant IN CUSTODY VERIFICATION I, Amy D. Lucas, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: l U l 0 ? Signature: Amy D. Lucas DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2540 CIVIL ACTION - LAW AMY D. LUCAS, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing petition upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Daniel E. Lucas, Sr. 15 E. Simpson Street Mechanicsburg, PA 17055 BY: wile' B. Costopoulos, Esquire PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Fascimile: (717) 909-4068 ATTORNEY FOR DEFENDANT/PETITIONER DATE: l?r/ 2l zd?; (AJ %rZ DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2540 CIVIL ACTION LAW AMY D. LUCAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, October 20, 2006 , 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, November 21, 2006 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Daum S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0 1 :1 Wd OZ 130 9001 W. ar- ©r V- or -al, ttt?i4Jt i ? fl 3HI ?o 4k DANIEL E. LUCAS, SR. Plaintiff V. AMY D. LUCAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2540 CIVIL ACTION - LAW IN CUSTODY DEFENDANT'S PRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY TO THE PROTHONOTARY: Please mark Defendant's Petition to Modify Custody filed on October 18, 2006, withdrawn and settled and please cancel the pre-hearing custody conference scheduled on Tuesday, November 21, 2006 at 9:00 a.m. before Dawn S. Sunday, Esquire. RESPECTFULLY SUBMITTED: BY: Jeanne B. Costopoulos, Esquire PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Fascimile: (717) 909-4068 ATTORNEY FOR DEFENDANT/PETITIONER DATE: D'' CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2540 CIVIL ACTION -LAW AMY D. LUCAS, Defendant IN CUSTODY foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Daniel E. Lucas, Sr. 15 E. Simpson Street Mechanicsburg, PA 17055 Dawn S. Sunday, Esquire 39 W. Main Street Mechanicsburg, PA 17055 BY:°'- eanne B. Costopoulos, Esquire PA Supreme Court I.D. No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Fascimile: (717) 909-4068 ATTORNEY FOR DEFENDANT/PETITIONER DATE: ? Q:Z) 0 -rt ? . r f 3 .: N -? rn CD '"'ti DANIEL E. LUCAS, SR. Plaintiff vs. AMY D. LUCAS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2540 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 26TH day of October, 2006, the conciliator, being advised by Petitioner's counsel that Defendants Petition to Modify is being withdrawn, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for November 21, 2006, is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator r? _ LJ ? ? ? F-- IrD L? C_ J N JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant DANIEL E. LUCAS, SR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 01-2540 AMY D. LUCAS, CIVIL ACTION - AT LAW Defendant CUSTODY PETITION TO MODIFY CUSTODY AND NOW, the Defendant, Amy D. Lucas, by and through her attorney, Jeanne B. Costopoulos, Esquire, makes the following Petition to Modify Custody: 1. Petitioner, Defendant above, Amy D. Lucas, is an adult individual who currently resides at 24 W. Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Respondent, Plaintiff above, Daniel E. Lucas, Sr., is an adult individual who currently resides at 15 E. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties have two dependent children together, namely R.achelle D. Lucas, born February 12, 1996, and Daniel E. Lucas, Jr., born March 14, 1998. The children were not born out of wedlock. The parties were divorced in November of 2005. 4. The most recent Order in this case was signed by the Hon. Edgar B. Bayley on November 5, 2001, which provided that Mother was to complete a custody evaluation with Dr. Schneider and in the interim that Mother was to have the children every Saturday from 10:00 a.m. until 1:00 p.m. at the Capitol City Mall. 5. Shortly after the November 5, 2001 order was entered, Mother moved back in with Father and remained there until September of 2006 at which time she left and filed a Petition to Modify Custody on October 25, 2006. Mother again moved in with Father and the Petition was withdrawn on October 26, 2006. 6. On May 29, 2009, Mother moved to her current residence. Since that time, Father has not permitted Mother to have contact with the children, even for the limited times set forth in the November 5, 2001 Order. 7. Mother seeks to modify the November 5, 2001 Order as follows: a. Mother should be granted liberal periods of partial custody with the children plus alternating holidays and summer vacation. b. Mother should be excused from completing an evaluation with Dr. Schneider unless Father pays for the evaluation since Mother has been residing with Father and the children since the initial evaluation request was made. 8. The requested relief is in the best interests of the children because Mother had acted as the primary caretaker of the children until she moved on May 29, 2009. 9. Mother does not know of a person not a party to the proceedings who has physical custody of the children or claims to have physical custody or visitation rights with respect to the children. 10. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Defendant respectfully requests this Honorable Court to grant her shared legal custody and liberal periods of physical custody of the children. Respectfully Submitted: By: JEA 9S ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: Telephone No. (717) 221-0900 Attorney for Defendant VERIFICATION I, Amy D. Lucas, hereby verify that the statements made in the foregoing Petition to Modify Custody Order are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 7 ' C Signature: ?'? ??? C:9 Amy D. Lucas DANIEL E. LUCAS, SR., IN THE COURT OF C OMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-2540 CIVIL ACTION LAW AMY D. LUCAS, Defendant IN CUSTODY ORDER Q co, U-R'1.,, - L. -a _, AND NOW, this day of "r 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Order of this Court dated June 20, 2001 is vacated and replaced with this Order, with the exception of the prevision in the prior Order requiring the parties to obtain a custody evaluation which shall continue in effect. 2. The Mother shall promptly contact Dr. Schneider's office to schedule and complete her portion of the custody evaluation without further delay. In addition to recommendations concerning onping custody arrangements which will best serve the interests and needs of the Children, the parties shall also obtain written interim recommendations concerning custody arrangements for the Mother pending completion of the evaluation. The parties shall follow all interim custody recommendations issued by the evaluator. The parties shall also obtain an assessment from the evaluator as to whether counseling for Rachelle is advisable in connection with a past incident involving a criminal matter. 3. Pending completion of the custody evaluation and f uther Order of Court or agreement of the parties, the parties shall share having legal custody and the Father shall have primary physical custody of the Children 4. Pending receipt of written interim custody recommendations from the evaluator, the Mother shall have partial physical custody of the Children every Saturday from 10:00 am. until 1:00 p.m. beginning October 27, 2001. The Mother's periods of custody under this provision shall take place at the Capitol City Mall. The parties shall exchange custody at the Food Court in the Mall. The parties shall ensure that no third parties including relatives or friends of the parties, are present at the exchanges or during the periods of custody. 5. The Mother shall be entitled to contact the Children by telephone between 6:00 p.m. and 7:30 p.m. each day, at which time the Father shall make the Children available. In the event the Father and the Children are not home at the time of the Mother's call due to special circumstances, the Mother shall leave a message on the Father's answering machine. The Father shall ensure that the Children return the Mother's call before bedtime on the same day. 6. Neither party shall permit unrelated persons to reside in his or her residence. Neither party shall permit either male or female friends or relatives to stay overnight at his or her residence. 7. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Within 60 days of receipt of the evaluator's written custody recommendations for ongoing arrangements, counsel for either party may contact the Conciliator to schedule an addition Custody Conciliation Conference, if necessary. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the froe and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. 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, r ? 1. Edgar B. Bayk • J. cc: Andrew C. Sheely, Esquire - Counsel for Father Jane M. Alexander, Esquire - Counsel for Mother t a?:m a,.?,,d 11•?01 R FLrC yf OF THE ???? .t ra ?Y 2009 JUL 24 A iU19 CDO ?,e? aaa?N DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2001-2540 CIVIL ACTION LAW AMY D. LUCAS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 29, 2009 _ , 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 Wednesday, September 30, 2009 at 12:00 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. 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 hearinti. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. "AA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 'hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FIL f' ^a 2 C09 J L 29 F 3 55 7 ,7 OCT 7 4 2009(4 DANIEL E. LUCAS, SR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2001-2540 CIVIL ACTION LAW AMY D. LUCAS Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2009, upon ____ 4?r consideration of the attached Cus ody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court November 5, 2001 is vacated and replaced with this Order. 2. The Father, Daniel E. Lucas, Sr., and the Mother, Amy D. Lucas, shall have shared legal custody of Rachelle D. Lucas, born February 12, 1996, and Daniel E. Lucas, born March 14, 1998. Major decisions concerning the Children including, but not necessarily limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Father shall have primary physical custody of the Children. 4. Beginning Sunday, October 4, 2009, the Mother shall have custody of Rachelle on Sundays from 12:00 noon until 4:00 p.m. and shall have custody of Daniel on Saturdays from 12:00 noon until 4:00 p.m. The periods of custody under this provision shall take place at the maternal grandparents' residence and only family members shall be present. Neither the Mother nor other family members shall use physical punishment to discipline the Children. The weekly periods of Saturday and Sunday custody shall continue until the follow-up custody conciliation conference scheduled in this Order. 5. The Father shall determine whether counseling for the Children is covered under his insurance and shall provide that information to his counsel, who will then schedule a telephone conference with the Mother's counsel and the conciliator. 6. The Father shall provide transportation of the Children to the maternal grandparents' residence at the beginning of the Mother's periods of custody and the Mother shall be responsible to make arrangements for return transportation of the Children to the Father. 7. Neither party shall use illegal drugs. Neither party shall drink alcohol to excess during his or her periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Tuesday, November 3, 2009 at 1:30 p.m. for the purpose of reviewing the custodial arrangements. 10 This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. 10 BY THE COJ,?RT, Edgar B. Slay el y ' v ' J. cc: 4 rew C. Sheely, Esquire - Counsel for Father ,,Jeanne B. Costopoulos, Esquire - Counsel for Mother P 1 v/1 s /off DANIEL E. LUCAS, SR. Plaintiff vs. AMY D. LUCAS Defendant Prior Judge: Edgar B. Bayley 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 2001-2540 CIVIL ACTION LAW IN CUSTODY 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rachelle D. Lucas Daniel E. Lucas February 12, 1996 March 14, 1998 Father Father 2. A custody conciliation conference was held on October 2, 2009, with the following individuals in attendance: the Father, Daniel E. Lucas, Sr., with his counsel, Andrew C. Sheely, Esquire, and the Mother, Amy D. Lucas, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The parties agreed to entry of an Order in the form as attached. © v 10/ - dta - Date Dawn S. Sunday, Esquire Custody Conciliator FILED- 7 THE Fll3:r' ""'l%rD 4lgY 2009 OCT 15 Pi l 2: 32