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99-06886 (2)
a t ,.o z 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STP T"E OF PENNA. JONAS A. DIFFENBAUGH - Plaintiff N O. 99 - 6886 VERSUS SU ANN DIFFENBAUGH i, Defendant DECREE IN DIVORCE A(`ID NOW,_. Zcso3. IT IS ORDERED AND DECREED THAT AND JONAS A. DIFFENBAUGH ,PLAINTIFF, SU ANN DIFFENBAUGH ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE PARTIES' PROPERTY SETTLEMENT AGREEMENT DATED MAY 2, 2003 INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE ?C CO U _(I__VV? ATr?[]sT: Al I PROTHONOTARY rTVTT. i -Jr 141•03 A4; ? el A.Y I&J" i NAT1-IANC, WOLF, ESQUIRE ATTORNEY ID NO. 57350 37 SOUTI I I [ANOVER STREM', SUITE 201 CARLISLE PA 17013 (717) 231-4.136 ATTORNEY FOR DEFENDANT JONAS A. DIFFENBAUGH : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION SU ANN DIFFENBAUGH : Docket No: 1999-6886 Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL TO THE PROTHONOTARY: ' Please enter the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant in this matter. July ?'1, 2004 NA711N 5/WOLF, ESQUIRE 37/South Panover Street, Suite 201 Carlisl%PA 17013 7L7-12'41-4436 SUPREME COURT ID #87380 THIS AGREEMENT, dated the day of , 19 G ` 1 by and J between Jonas A. Diffenbaugh, residing at 7 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 184-48-8548, hereinafter called the "Husband", and Su Ann Diffenbaugh , formerly Kuhn, residing at 1116 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17013, Social Security Number 210-60-0504, hereinafter called the "Wife", who agree as follows: W I T N E S S E T H: WHEREAS, the parties are Husband and Wife, having been married on May 5, 1995, in Dauphin County, Pennsylvania. The parties separated February 23, 2001. WHEREAS, there have been issue of the marriage, to wit: Jonas Adrian Diffenbaugh, Jr., born 9/21/94 and Julia Ann Diffenbaugh, born 11/5/95 hereinafter referred to as the Children. WHEREAS, diverse unhappy, and irreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the past, present and future support and or maintenance of the Children, the implementation of custody/visitation arrangements for the minor Children if more than one child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91. 2 EFFECT OF DECREE, NO MERGER it is specifically understood and agreed that the provisions of this Agreement relating to the equitable distribut-on of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2 . L It is further understood that Pennsylvania law provides that "a provision of an Agreement regarding child support, visitation or custody shall be subject to modification by the Court upon a showing of changed circumstances". It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but shall survive such decree. That is, this agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. Except with regard to child support and child custody, no court may change the terms of this agreement, and it shall be binding and conclusive upon the parties. In the event of a reconciliation, attempted reconciliation, or other cohabitation of the parties hereto after the date of this agreement, this agreement shall remain in full force and effect in the absence of a written agreement signed by both parties expressly stating that this agreement has been revoked or modified. 3. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Michael Scherer, Esquire, for Husband, and Ruby D. weeks, Esquire, for Wife. The parties acknowledge that 3 they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is riot the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 6. WARRANTY OF DISCLOSURE The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an information exchange of information by the parties' attorneys and this Agreement between the parties is based upon this disclosure. 7. OBTAINING INFORMATION ON FINANCES Each party acknowledges that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. Such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previously. Such information may be obtained by one or more of several methods including depositions upon oral examination, written interrogatories, production of documents or entry upon property for inspection. The parties agree to waive any further discovery. B. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select in Cumberland County until further order of court. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. 9. NO MOLESTATION Husband and Wife shall not molest or interfere with each other, nor shall either of them attempt to compel the other to cohabit or dwell with her or him, by any means whatsoever. Neither party shall harass or be verbally or physically abusive to the other. 10. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dn,,-' .r or curtest', or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any 5 rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 11. EQUITABLE DISTRIBUTION OF PROPERTY It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as "The Divorce Code," 23 P.S. 3101 et. seq. of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage, the prior marriages of the parties; the age, health, station, amount and sources of income, vocational shills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each 6 r -I- party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. { 12.Rea1 Property: The parties recognize that they own as tenants by the entirety real property known as 7 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania, 17013. For the mutual promises and covenants contained in this Agreement, Wife agrees to convey to Husband, all right, title, claim, or interest she may have by equitable distribution or otherwise in and to this property. This conveyance shall take place within Thirty (30) days of the date of this Agreement. Husband agrees to obtain financing in his own name. There is a VA mortgage on this property with an approximate balance of $139,500.00 Husband agrees to indemnify Wife for any loss, including counsel fees, that she might suffer as a result of default upon this mortgage. 13. DISTRIBUTION OF PROPERTY: GENERAL: (1) Husband hereby waives all interest in Wife's property including but not limited to all accounts, certificates of deposit and securities. (2) Wife hereby waives all interest in Husband's property including but not limited to all accounts, certificates of deposit, and securities. (3) Husband and Wife agree that Husband shall pay all costs, including attorney fees, of transferring any property necessary to be titled from joint ownership to that of either party. 7 14. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1997 Ford Taurus titled to Husband, has become and shall remain the sole and exclusive property of the lelife. There is no loan on this vehicle. This vehicle has been sold; any subsequent vehicle purchased with the proceeds is the property of the purchaser. (b) The 1994 Mitsubishi Eclipse, titled Husband, shall remain the sole and exclusive property of the Husband. There is no loan on this vehicle. This vehicle has been sold; any subsequent vehicle purchased with the proceeds is the property of the purchaser. 15. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their understanding that they each have the right to file Inventories and Appraisement with the court and to require the other party to do so. Such Inventories and Appraisement require a party to indicate, under oath, information regarding all marital property in which either party has an interest as of the date the action was commenced. Fully knowing the same, each party nonetheless waives their respective rights to request additional discovery be conducted, to file Inventories and Appraisement with the Court, or to require the other party to do so. 16. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible and intangible, subsequently acquired by the other party. 17. SUBSEQUENT PERSONAL DEBTS: Husband and Wife agree from time of the signing of this Agreement that each party shall be responsible for their own debts and hold each other harmless from same. 8 18. FUTURE DEBTS: Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for same. Husband and Wife hereby acknowledge that there are no outstanding bills or other indebtedness which have been incurred by either for the liability of the other, and both parties hereby covenant and agree that neither shall have any financial obligation to pay any financial obligations which are solely the financial obligation of the other and which have been contracted by either party solely for their own benefit and without the knowledge or consent of the other party. Husband and Wife further agree that they will indemnify the other from any and all claims or demands made against the other by reason of any debts or obligations contracted in violation of this Agreement. 19. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 20. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 9 21. PAYMENT OF SPECIFIED OBLIGATIONS: A. During the course of the marriage, Wife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Husband shall be solely responsible for all bills, obligations and debts as set forth below: (1) See Exhibit "A" B. During the course of the marriage, 41ife and Husband have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred, that Nife shall be solely responsible for all bills, obligations and debts as set forth below: (1) See Exhibit "B" C. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills and which, pursuant to the terms herein, are not the responsibility of the other party. 22. ASSUMPTION OF LIABILITIES. This provision sets forth the method for the payment and assumption of the debts and liabilities of the parties. since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold such other party liable. should the parties wish to bind the creditor and relieve the original debts from all liability, a novation should be executed. 23. WAIVER OF SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their 10 r, comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 24. RETIREMENT FUNDS A. The Husband, who has been employed by Residential Warranty corp., Harrisburg, Pennsylvania, has accumulated benefits in his retirement account. It is agreed by the parties that the 41ife shall waive any interest she may have in any of the benefits, including retirement, which the Husband may have as a result of his employment. B. The Wife, who is employed at Sprint, Carlisle, Pennsylvania, also has retirement and other employee benefits. It is agreed by the parties that the Husband shall waive any interest he may have in any of the benefits, including retirement, which the Wife may have as a result of her employment. 25. LIFE INSURANCE The parties warrant and represent that the husband shall name the Children as irrevocable beneficiaries on life insurance policies existing during the marriage for as long as long as he has a duty of support on life insurance on husband's life. The wife had no life insurance during the marriage except for term insurance which ended when she left employment at Sprint. the husband warrants that he has not made and will not make any loans or assignments under such policies, and will not cancel or surrender such policies. Upon the other's request, either party shall execute any document necessary to effect a conversion or select an option under any such policy. The husband agrees to make payment of premiums on the policies on his individual life so as to continue said coverage as long as each Child is owed a duty of support. 11 26. DIVORCE Husband and Wife agree that Husband has filed a Complaint in divorce seeking a divorce on the basis of mutual consent. Husband and Wife both agree that both parties will execute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on the basis of mutual consent. Each party agrees to pay their own counsel fees, costs, and expenses incident to obtaining the aforesaid divorce. AND the parties hereto state and agree that this Agreement shall not in any way be construed as a collusive agreement. 27. ATTORNEY FEES, COSTS & EXPENSES The parties agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of this Agreement and the granting of a divorce decree. 28. BREACH OF AGREEMENT If either party fails in the due performance of obligations under this Agreement at their election, the non-breaching party shall have the right to sue for damages for breach of this Agreement or to rescind same and seek such legal remedies as may be available to them. The breaching party will be responsible for actual legal fees and costs incurred by the non-breaching party necessary to the enforcement of this Agreement. 29. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 30. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 12 31. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 32. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 33. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13 35. SUBSEQUENT DIVORCE It is contemplated that Husband will proceed with a Complaint in Divorce against Wife in the near future. Husband and Wife each agree to sign an Affidavit of Consent and an Affidavit waiving counseling to be filed in said divorce action. In the event such divorce action is concluded, Wife shall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and shall not be assessed any costs of the proceeding, except as previously agreed to herein in Paragraph 25. In the event such divorce action is concluded, the parties shall be bound by all the terms of this Agreement, which shall not be incorporated by reference into the Divorce Decree, and this Agreement shall not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 36. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 37. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 14 39. INTERDEPENDENCY The parties agree that the separate obligations contained in this agreement shall be deemed to be interdependent. If any terms, conditions, clause or provision of this agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they nay reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. F 40. B CY In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers, and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor- spouse as set forth herein, including all attorneys- fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 15 91. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Wne s y Wi Hess ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jonas . DSu Ann Diffr baugh; a • ea On this, the car"? =?C C_j day of 19 , before me, a Notary Public, the undersigned officer, personally appeared Jonas A. Diffenbaugh, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Public M1lolarial Seal Amanda L Fis7rer, Notary Pubpc Cad'cte Born. Cumbedvrd Count' fay Commssion Expires Apr. 17, 2t]OB P' -m 1v, Pennsytnaa A,,oc tion OI Wt3A 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss on this, the day of ` 0 before me, a Notary Public, the undersigned officer, personally appeared Su Ann Diffenbaugh, known to me to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. dt.mc d. Notary Public , 17 JONAS A. DIFFENBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW SU ANN DIFFENBAUGH, : NO. 99 - 6886 Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. Date and manner of service of the Complaint: The defendant signed an Affidavit-af Service form on November 2003. Y774" 1 z6 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on May 2, 2003; and Defendant on May 7, 2003. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None. Respectfully submitted, M` Michael A. Scherer, Esquire ;. -- - , JONAS A. DIFFENBAUGI1, I'laintiff SU A. DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99- b, e, CIVILTERM CIVIL ACTION - LAW IN DIVORCE NOTICE 10 DEVE.ND ANN CLAIM HIGF1'1:4 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that ifyou fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the I'laintiff. You may lose money or property or other rights important to you, including custody or visitation oryour children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM I-OR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR "TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717)249-3166 JONAS A. DIFFENBAUGI1, Plaintiff SU A. DIPPENBAUGf1, Defendant IN TI II: COl1Rl' OI' COMMON PLEAS Of-' CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- /_- S Y(, CIVIL TERM CIVIL ACTION - LAW IN DIVORCE C'O,1P! ?t\9' t\ I)lVOR('1' i`\1)FR SFt"1'10\'S 3301/c1 or ?301Id1 QF niF. 1)IVO12('F. COIF. The Plaintiff; Jonas A. Diffenbaugh, through his attorney, Thomas S. Diehl, makes the following Complaint in Divorce. and, in support thereof, avers as follows: The Plaintiff, Jonas A. Difl'enbaugh, is an adult individual who currently resides at 7 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Su A. Diffenbaugh, is an adult individual who currently resides at 1116 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona tide residents of the Commonwealth of Pennsylvania fix at least six months immediately prior to the tiling of this Complaint. d. The Plaintiff and the Defendant were married on May 5, 1995 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that Counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. t 8. There are two minor children ol'the marriage, Jonas A. Diflcnbauth, Jr., age 3, and Julia A. Dillenbaugh, age 4. WHEREFORE, the Plaintiff; Jonas A. Diflcnbaugh, respectfully requests this I lonorable Court to enter a decree in divorce pursuant to 23 P.S. $ 3301(c) or 3301(d) of the Divorce Code. Rcspcctfid submitted, Date: Thomas S. Dichl Attorney lorthe Plaintiff 401 East Loulher Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 249-2407 - FAX JONAS A. DII:I'13NBAUG1i, IN TIiP. COURT OP COMMON PLEAS Of Plaintiff : CUM131:RLAND COUNTY. PENNSYLVANIA v. : NO. 99- SU A. DIPI'ENBAUGI1. : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein arc made subject to the penalties of IS Pa.C.S. § 4904. relating to unsworn falsification to authorities. JONAS A. DIPP13N13AC1 ,Plaintiff JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION - LAW SU A. DIFFENBAUGH, Defendant NO. 99-6886 CIVILTERM IN DIVORCE AFFIDAVIT nfi SRRUCE AND NOW, this 29°i day of November 1999, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Jonas A. Diffenbaugh, and states that he personally mailed a certified copy of a Complaint in Divorce to the Defendant, Su A. Diffenbaugh, at 1116 Ne)vville Road, Carlisle, Pennsylvania by certified, restricted delivery, return-receipt requested. A copy of said receipt is attached hereto indicating service was made on November 26, 1999. Respectfully Thomas S. Diehl Attorney for the Plaintiff 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 240-0893 - FAX `N m Q Q O 0 m E `o LL N a. Z 339 067 c60 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Donor usn Inr Intnetatinnal Mail LSnn rnvnranl Sent to SU A. DIFFENDAUGH Slrtol L rJunabor 1116 NEWVILLE ROAD THE'!i9ft'"Pro 17013 Postage _ $ .55 .A Fec 1.40 2.75 N ih. 1.25 n TDTAL Postaga 8 Fces g 5.95 PosUnad, or Dale SENDER: •- > z 1 also wish to receive the m .., .._ 9 j N • Coninto terns a. and Ln alhbaon . R ?? ?,IE© Ibr an nn 3 . A s ' ( t . Grin u ? m ddre s yo r .Print your nam o ono.JJres all tire inverse verse of th Ib' is loon so that wBC I C ` ' ? 0? card to you. ?g,? . Alma Attach Ibis Icier to loo lmnl of tire niailpleca. or on llie track it si:iyo does ??T sseC's Address m oM1 li d E' i D 2 O E! ! ry Ve cfe C RPSR . to -Retain Riceril mmipioco lwlow the .cantle nugl nece?,t pl winn soo,, show to rJionrnw aniclo was JClrvemJ and the daln'' .Thur COrlsull OStnkn5tCP10?ICC. P w S ed _ delivered \_.....r.:.:.: 0 3. Article Addressed to: 4a. Article Number m d SU A. DIFFENDAUGH 7 339 067 260 E `-' db. Service Type 3 E 1116 NENVILLE ROAD ? Registered Ceriliec o o CARLISLE, PA 17013 ? Express Mail ? Insured °i -` 0 L1S? ? Return Receipt for Merchandise ? COD 9 3 1 CC . Date of Delivery d o . 0 e 0 , Recoive By: m Nang \ '76. 8 Addressee's Address (Only ifrequesled and fee is paid) t F ~ 6. Signature: fAfidrossoe Or Agenf GSPS o X T 12 Ps Form 3811, December 1994 ?• lern,nnuua.a Domestic Return Receipt / I s. JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6886 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 15, 1999. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: C ZDD ` / Jonas A. Dill au h" ., <> JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6886 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 15, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on November 26, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /b' Su Anr(Diffenbaugh "l JONAS A. DIFFENBAUCii I. I'IaintitY SU ANN DIFFENBAUGI1. Delcndant IN Ti II'_ C'OLJItT OF CONUMON PLEAS OI: CUNIRERLANDCOUNTY. P NNSYLVANIA NO.99-GSSG CIVIL TERIM CIVIL ACTION - LAW IN CUSTODY RESPONDENT'S ANSWER TO PETITION FOR G\II;RGIiNCI' CUSTODY RELIF-F AND NOW. comes the Plaintifl7Respondent. Jonas A. Dif7enbaugh, (hcreinal'ter "Father'). by and through his counsel. Thomas S. Diehl. Esquire, who avers the following: L Admitted. 2. Admitcd. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the language attributed to the March 13. 2001 Order is accurate, it is denied that Paragraph I 1 01' said Order is appropriately applied in this matter. This denial is litrther addressed below in New Matter. 5. Admitted in part and denial in part. It is admitted that Father has changed daycare provider to the I larrisburg area. Father denies, however, the following assertions of Mother's letters dated June 11. 2002 and May 28. 3003: (a) It is denied that Mother learned of Father's changing daycare providers through the children. Father told Mother this information directh. Ihl It is denied that Nlothcr was not made aw:ur of the name and telephone number of the daccarc provider. Father provided this information to Mother in addition to driving directions to the daycare center. t' 6. Admitted in pill-[ and denied in )art. It is admillcd that \9othcr does not have a driver's license due to nudtiPle arrests 11ir driving under the inllucnce. It is denial however that an unnecessary burden has been placed upon Mother, who has consistently contended that duc to the availability of t'ricnds and I'anlily. transportation has never been a problem. 7. Denied. Mother is not able to provide childcare for the children throughout lather's workday as the existing Order ol'Court requires Mother's custody to be supervised by a member of \lwher's [artily, wilo have routinely not been available to provide such supervision. 8. Admitted. WHEREFORE. the Father, Jonas Diflenbaugh, respWFully requests this Honorable Coai't to deny Mother's Petition for lancrgency Custody Relief. NEW.MATPER 9. Paragraphs I through 8 are incorporated herein by reference. 10. The parties' custody Order of iMarch 12. 2001, states in relevant part: "[it the event that either party is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit:' 11. Moth parties were employed troll-time at the time of the call}• of the March 12. 2001 Order. 12. Paragraph I I of the March 12, 2001 Order was intended to address special occasions/events which would necessitate making arrangements outside of the regular weekly daycare providers. 13. Mother has not worked full-time for several months leading up to this petition. 14. COnslslenl With the p;u'tics' above-slued undersmntling of Paragraph I I of the Nlarch 12. 2001. during Mother's period of unemployment she had not requested the opportunity to provide child care for the children. 15. Mother only sought to provide child care unClcr Paragraph I1 of' tile March 12. 2001, once father expressed his intent to seek child care in Harrisburg. COUNT I-CONTEMPT 16. Paragraphs I through 15 are incorporated herein by rel'crence. 17. The existing Court Order of May 3. 2002. requires Mother's contact to be supervised by a relative. IS. On several occasions. the children have advised father that extended periods of time o'ith N'lother have been unsupervised. 19. On Thursday. hine 11 2002. Father arrived to pick tip the children during a regulm•h' scheduled exchange to find Mother alone with the children unsupervised. 20. The Court's Order of Nlay S. 2003. provides that the requirement that Mother's contact be supervises may be lifted upon written evidence from the appropriate counselors indicating that Nlother has adequately addressed her problems with alcohol. 21. At the time of the filing ol' this pleading. N-lother has not provided such documentation. nor is Father aware of any steps Mother is taking to address her problems with alcohol. i i? Willil:ITORF. the I'laintifl%Reshondrnt..lonas Dilicnbaugh. respcctfull\' requests this I lonorable Court to find Nlother in contempt of the existing Order of Court, and to provide any other relief that the Court may decal appropriate. Respectfully submitted. i Date: .[title 28. 2002 ionias Diehl Attorney for tile PlaintillYResponclent One West High Street, Suite 208 Post Office Box 1290 Carlisle. Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - is x VIiRIFICA'1'ION I verily that the statements made in this Petition are true and correct. 1 understand that lalse statements herein are made subject to the penalties of IS Pa.C.S. § 4904, relating to unsworn Ialsilication to authorities. .10i S t\. DIFFL'N13AU 111 aiit ti117Rcspondcill. CERTIFICATE OF SERVICE din of.lune 2002. that a true and correct copy of the Ibregoing oWinc indiVidualS Via first-Class mail. postage prepaid: Ruhy Weeks, Esquire Ten West lligh Street Carlisle, PA 17013 13} 1/i f? u gh Ki01( LCgal Assistant JUL 1 8 200? JONAS A. DIFFENBAUGIL Plaintiff V. SU ANN DIFFENBAUGIL De Pendant IN'1l II? COUR"1' OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6886 CIVILTERM CIVIL ACTION - LAN IN CUSTODY ORDER AND NOW this _122 day of _ J,9-- 2002• upon presentation and consideration of the attached Stipulation. the petitions of the Plaintiff. Jonas A. Dil7enbaugh, and Defendant. Su Ann Diffenbaugh, are dismissed without prejudice; and the hearing scheduled for Thursday July 18. 2002, is hereby discontinued. BY T IE COURT: T Ik..C Lc?g . 7/ t'?Jp1 tt vj Fy L ;,i i.? ?"' '. .,. ?? C'.. ?'. 1 JONAS A. DIPPENBAUCil I, Plaintiff V. SU ANN DIFFENBAUGH. Defendant IN TT Ili COURTOF COMMON I'LEAS OF CUMBERLAND COUNTY. I'I:NNSYLVANIA NO. 99-6886 CIVIL ACTION IN CUSTODY CIVII.TFRIM LAW STI I'll LATION AND NOW. comes the Petitioner. Jonas A. Dillenbaugh, by and through his counsel. Thomas S. Dichl. Esquire. who respectfully represents the hollowing: I. The Plainliff. Jonas A. Diflenbaugh, is an udUlt individual currently residing at 7 Longstrect Drive. Carlisle. Cumberland County. Pennsylvania 17013. 2. The Defendant. Su Ann Dillenbaugh, is 1111 adult individual currently residing at 1116 Newville Road. Carlisle. Cumberland County. Pcnnsvivania 1701 3. 3. The Defendant filed it Petition 6or Contempt on or about June 13.2002. 4. The Plaintiff, filed an Answer and Ncw Maller, also alleging issues of contempt on orabout June 23. 2002. 5. This matter is schedule to be Itciutl befiore the I lonorable Judge .I. Wesley Oler. Jr., on July 18. 2002. 6. The I'lainliff is represented by 'Thomas S. Diehl, and the Defcndant by Ruby D. Weeks. 7. The Parties agree that the I'laintill'shall provide transportation of their children to P f. I I and from his I larrisburg daycare provider. S. The Parties lorther mutually agree to withdraw their respective petitions without prejudice. and accordingly request this Court to dismiss the hearing currently scheduled for Thursday, July IS. 2002. \YIIL•REFORE. the Parties respectfully request this Honorable Court to dismiss the Hearing currently scheduled for Thursday..luly 18. 2003. Respectfully submitted Dated: July 18. 2002 1 l 1 Thomas S. Diehl, Esq. Attorney for the Plaintiff One Nest I ligh Street, Suite 208 Post 011-ice Box 1290 Carlisle. Pennsylvania 17013 (717) 240-0833 Dated: July IS. 2003 Ruby D. Weeks. Es q. Attorney For Defendant Ten Nest I Iiggh Street Carlisle. Pennsylvania 17013 (717) 243-1294 (..: ? ? ... . _. .:? _ _ ?/ a i ?.. ;J JONAS A. DIFFENBAUGH IN TI IE COURT OF COMMON PLEAS OF CUMBI?RI,AND COUN"I'Y, PI:NNSYI_VANIA PLAINTIFF V. 99-6886 CIVIL ACTION LAW SU ANN DIFFENBAUGH T IN CUSTODY ORDER OF COURT AND NOW, Tuesday April 09, 2002 . Upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Thursday April 25, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at time 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/ lacm Plir:e M Vernev,?? Custody Conciliator The Court of Common Pleas ol'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 FORTII BELOW TO FIND OUI' WHERF YOU CAN GE f LEGAL I IELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 "Telephone (717) 249-3166 ao? ?o 7 JONAS A. DIFFEN'13AUC1I. Plaintiff V. SU ANN DIFFENBAUG11. Defendant AND N'OFV, this IN TI IF COURT OP CONINICIN I'Ll AS of CUMBERLAND COUNTY. PENNSYLVANIA No. 99-6SS6 CIVIL TH101 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT clay of 2002, upon rcy;ctn. and consideration of the attached Petition, it is hereby directed that the parties <ut<I their respective counsel appear belore the Honorable .fudge n ll Courtroom Number 0I'the C'untberland County Courthouse. Carlisle. Pennsylvania ioil I day of 2002. at o'clock _.m.. I'll. a hearing. Failure to appeal' at the hevine stay provide '.rounds for entry of a temporary or perniallent Order. 1'0 R TI II? COURT: •I. YOU SHOULD TAKE T HIS PAFI=R TO YOUR LAWYER A'I. ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TI-I-EPI-IONE TI ll- OFFICL' SL'•T FORTI 113ELOW TO FIND OUT Wi II:RE YOU CAN GET LEGAL I IELP. CLImberland County 13ar Association 2 Liberty Avenue Cill-lisle. PA 1701 (717) 249-3166 AJIERICANS R I.1.1I DISAIimLlTlrs ACr oi, 1990 The Court 01'Conuoon fleas 01"Cundterlaod C'ouniy is required by I;nv to comply with the Americans uiih Disabilities Act of 1'790. Fur inlimnatiott disabled iodic itioals about accessible tncilities and reasonable aceononodations available to least 72 hours prior Itacin_ business betinre the court. please contact our office. All arranecnrents must be otadc at to an> hearin- or business belbre the cowl. ),oil must anend the scheduled conlcrenee or hearing. JONAS A. DIFFENBAUG11. : IN TI IF COURT OF CONINION PLEAS OP Plaintill7Pctitioner : CUMBERLAND COUN'T'Y. PENNSYLVANIA v. : NO. 99-6886 CIVIL'I-ERNI SU ANN DIPPENBAUGI1. : CIVIL ACTION - LAW DelendanURespondenl : IN CUS'T'ODY PETITION FOR MODIFICATION oi-cus-rom, 1. The Petitioner is the above-named Plaintiff; Jonas A. DilTenbaugh, an adult individual currently residing at 7 L.ongstreet Drive, Carlisle. Cumberland County, Pennsylvania 17013. 2. The Respondent is the above-named Defendant. Su Ann Dil7enbaugh, an adult individual currently residing at 316 Avon Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents ol'the children Jonas A. Diffenbaugh, .lr., born September 21. 1994: and .Iulia Ann Diffenbaugh. born November >. 1996. The children were born in wedlock. 4. The parties are currently subject to a Custody Order dated March 12. 2001, which was the result of an agreement reached at a Custody Conciliation Conference held on Nlarch 7, 2001. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit "A." i. Said Order was modified by lurther Order of Court dated February 6. 2002. attached hereto and incorporated herein by reference as Exhibit .-B." ,f 6. Other than as acted) above, there have been no additional actions relative to custody of the within named children in anyjurisdiction to the Petitioner's knowledge. 7. Since the envy of the Court's Orders dated \larch 12.3001 and February 6. 2002. the children have resided with the parties on an alternating week basis. R. The Petitioner desires and is requesting permission of the Court to relocate with the children to establish residence in I larrisburg. Dauphin County. Pennsylvania. 9. Among the reasons why the Petitioner desires to relocate are as follows: (a) The Petitioner is employed as a network administrator. and his place of employment is located at 5300 Derry Street. Harrisburg. Pennsylvania; (b) The Petitioner's extender) lamih resides in the inunediate Harrisburg area as follows: (i) Petitioner's father and stepmother reside in Fishing Creek (ii) Petitioner's paternal grandparents reside in Colonial Park (iii) Petitioner's maternal grandmother resides in Gnola (iw) Additional aunts. uncles. and cousins also reside in the ITarrisburg- area (c) As a consequence, petitioner spends a great deal of his time in the Harrisburg community; (d) Petitioner has no relatives and/or support base located in the Carlisle-area to assist him in caring, for the children. 10. The natural Father of the children is Jonas A. Diffcnbaugh. 1 e is marrictl. 1 f . The natural Mother of the children is So Ann Dificnbaugh. She is married. 12. The relationship of the Petitioner to the children is that of natural Father. The natural Father currently resides with the children on an allernatims week basis.. 13. The relationship of the I:espondent to the children is that of natural Mother. The natural :Mother currently resides kith her bo)•li•icncl. Rrian Ilippensteol. and the children on an alternating %%cek hasis. 14. The petitioner has not participated as a party or a %%itness in any other capacity in litigation concerning the children except as noted above. I>. Petitioner has no inlintnation ol'any custody Proceeding concerning the children pending in any Court ol'this Conunotnvealth. 16. The children's best interest and permanent welfare could be sipilicantly improved by nuulilj'ing the existing Custody Order for the liillooing I-ca SOns: (a) Petitioner would he more centrally located kith his employment and extended Ornily; and (b) Petitioner would he hettar able to cater to the emotional and educational needs of the children. 17. Petitioner does not kno%% of any person not a parq' to these proceedings who claims to have custody or visitation rights with respect to the children. \\'I IERETORG, Petitioner requests your I lonorable Court to grant her request to enter an Order scheduling a hearing regarding custody modification. Dated: ? '- •? ?- Ci L? Respectfilly submitted. I(I'llas S. Diehl. lisquirc '"to"ney li)r Plaintiff/Petitioner One \\'csl I ligh Street. Suite 208 PoSL 017ice Box 1290 Carlisle. Pennsylvania 17013 (717) 240WS33 VEIRIFICATION I verilc that the statements made in this Petition are true and correct. 1 understand that false statements herein are made sullied to the penalties ol' IS Pa.C.S. ` 4904. relative to unstaorn lalsilication to authorities. ;\. )IPA. IiN13AU ' 'laintil'I%I'etitioncr Is\111131'1' A MAR : .11,11 U JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this )X day of Cll" 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., bom September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8, 2001, Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25, 2001 at 5:00 p.m. B. blother shall have custody of the children beginning March 25, 2001 for one week and thereafter the parents shall have custody of the children on a week on/week off basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have overnight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and Thursday. RECEIVED 7-,J D. On Easter Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the tree and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 13. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, [he terms of this Order shall control. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother Lt 7::: --.I hard and JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant PRIOR JUDGE: None : IN THE COURT OF CONINION PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA 1999-6886 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to an interim Order in the form attached pending a custody evaluation. Date dacqu hne NI. Verney, Esquire Custody Conciliator rziiii;rr i; t FEB 0 5 2002 JONAS A. DIFFENBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SU ANN DIFFENBAUGH, Defendant NO. 1999-6886 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this L day of w-? 2002, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in full force and effect except as modified and supplemented hereinafter. 2. Effective February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m. to 9:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. FEB 0 8 202 !?i7 { 7. Easter Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p.m. which will replace the normal transfer of Monday at 5:00 p.m. 8. The parties shall alternate the following holidays, 9:00 a.m. to 9:00 p.m.: New Year's Day, Memorial Day, July 4'h, and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered Rears and July 41h and Labor Day in odd numbered years, while Mother shall have July 4' and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12, 2001 is hereby vacated as of the date of the Conciliation conference, February 5, 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. Wesley Oler, Jr. J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother N 1 yJJ Fr. ..:r.. ar! JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :1999-6886 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on Father's Contempt Petition on February 5, 2002. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. Date cq ine M. Vern Esquire ustody Conciliator V ?? Q _'? ?- V ' ` 1 1 Y 77? Woman in altercation An area woman was charg t after an altercation Sunday. Carlisle police say arou t 10:'_5 p.m. they responded to reported domestic dispute th involved a knife in the 2 block of Avon Drive. Police reports state that Sul Ann Diffenbaugh alleged) came at Brian K. Mppenste with a knife during an at u ment. Police say after Diffenbaug was arrested, they had to us "substantial force to get her t a car, inside the car, out of the car at the courthouse and then into the courtholue. . She was charged with simple assault, harassment and resisting arrest and taken to.Cumbgamtd County Prison on S1,o00bail, where she remained this room- ing. Carlisle police say ti• und- 9:30 a.m. Sunday Rebeea Beardmore. 50, discovered the front bumper was stolen from her red 1992 Volkswagen Jetta. Police say the car was parked on the 500 block of West North Street overnight when the theft occurred. The bumper is black and worth about 5200. police Salt Window broken Carlisle police are investiga;- me a case of criminal mischie! that occurred sometime between. p.m. Thursday and 3 a.m. Fr- Jac. Police sae >orneone broke or.v of three el?„ panes on the fmr door of _ home in :he tlr,: bio, - ,I South Hano,er Street :jm;% about 5500 in damn c. Police are a,kmc anwnc •A::- information reaar.lmg the in, dent io call 211-5 iz Youth cited Carli,le poltce:t(ed a Li-vear •dd male tuth cri n pal muchia .ni %1 ?r,-h 'I) Inr atlC e'.d Record )around 5 p.m. March 13 the boys damaged the vinyl siding on the home of Alan Boyer of Newville and shattered the windshield on an RV motor home belonging to Douglas Baker also of Newville. They were charged with crim- inal mischief and will be paying fines and damages, police say. Park rules prohibit BB guns within the park grounds. Mailbox shot State police at Carlisle are asking for information about an alleged case of vandalism in Penn Township. .Police say between II p.m. Friday and .6 a.m. Saturday, someone shot Michael C. Valek's mailbox in the 200 block of Farm Road with a shot- Anyone with information is asked to call 249-2121. Woman assaulted, husband jailed A resident of Safe Harbour on West High Street in Carlisle was treated and released from Carlisle Regional Medical Cen- ter after an alleged incident of domestic violence. Carlisle police say Tammy Pritt. 30. was assaulted by her husband. Marshall Priu. Satur- day at about 9:30 p.m. They say he alleeedl, forced his wa_v into her apartment. Marshall Prim was also treated and released from the hospital. He was in Cumberland Coun- ty Prison this mornine on ;10.000 bail and a parole detainer. Tire squealing leads to citation An lcke,nurg man was cited for dt,orderh conduct 14ednes- day titter qucal= his vehicle ores in the 2200 block of South Pitt Street in Carlisle at about o.-; p.m. %kednesday. Carlisle pollee av Wavlon Deatrck. 30. wa, .ao plaving m n.?.Lw.l la PLAINTIFFS EXHIBIT and Wednesdav, the suspect stole the container from behind the garage owned by Timothy Snyder. 3 who lives along Route 233. north of Lightner Road. Car taken from parking lot State police at Carlisle say someone stole a vehicle from the Allenberry Playhouse park- ing lot in Monroe Township sometime between March 22 and March 24. Police say the vehicle with registration YVH-1192 from Virginia belonged to Joseph Ozefovich, 63, of Vienna, Va. Girl reports chat room incident A 12-year-old girl and her parents from West Pennsboro Township reported that someone was making sexually explicit remarks on an America Online chat room. State police at Carlisle say the girl and her parents allege that on March 23 an unknown per- son asked the eirl inappropriate questions and asked her to send nude pictures to an address in California. Police say they are imesti_gat- ing the incident. Humane society break-in tried Someone alleeedl, :mashed out the wmdows to gain entry into the Humane Societe of the Harrisburg Area in the 700 block of Eppley Road. Monroe Township. on \I:m:h %. State pail:. -. Ca...:e around - a.m •omeonc ,m_-,h-.J out the tondo„ an,! cot tut on the Wood !rom the sus- pect wa, intro,: ai the ,.ene. Police a% notnln_ appeared to he mis.me from :he huildine Hit-run probed Slate pohcc in C.irlt,le are Monday April 1, 2002 , in, the wrong way on a one- way street, for underage drink: ing early Thursday morning. Police stopped Adam C. Tor- rent. 19, and Edel B. Pagan- Santiago. 19. in a car on the first block of South Bedford Street. In addition to the underage cita- tion, police say they also plan to cite Torrent with a one-way street violation and driving under a suspended license. Both were released to a friend Car flees crash`=- One car fled the scene of a• two-vehicle accident Wednes- day night on the 300 block of East High Street in Carlisle, police say. At a traffic light, a red car:,. pulled in front of a 1992 Saab driven by Robert F. Venditti, 46, police say. The occupants of the red car stopped in a parking la and examined their car, which was dragging its bumper, then turned onto York Road and kept going. . The accident caused damage to a left front panel of the Saab. Car scratched Someone scratched the hood of a car parked at a business on Route I I in Watts Township. Perry County overnight SaEur- day or Sundae. state police sav. The car. a Dodge Intrepid. belnnes to Heather Hare. 23. of Duncannon. Driver hits cow A motor.st ;truck a cow cross- the, Route S50 Thursday night in Nortnea,t Madison Tuwnshio. P^n C.,unn. The ..... •. Rc_er Blumen- hc;.... L.i•. ?tille was not nlurec -w h:• tehrac had to be .o"ed :;,,in The X% wr•..t?; ..Iar• arlite tae Mailbox broken State police .n a pickup truck hit a m:ulhm and fled the scene on Rowe :- it Carroll Town- ship. Perry Connr. The hn-and•rwi a,cidcnt hap- ,IONAS A. IN'1'IiE COUIZ'1' OF COMMON PLEAS OI- DIFFENBAUGH, C11M131 BLAND COUNTY. PENNSYLVANIA PlainlilT N'• : CIVILACTION-LAW SU ANN DIFFENBAUGH, Defendant NO. 99-6356 CIVIl. "1'I:RM IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY BEFORE OLER, J. ORDER OF COURT AND NOW, this 20th day of August, 2002, alter careful consideration of Plaintiffs Petition for Modification of Custody with respect to the parties' children, Jonas A. Dil'lenbaugh, Jr. ,(d.o.b. September 21. 1994), and Allia Ann Diflenbaugh (d.o.b. November 5, 1996), following a hearing held on August 14, 2002, and based upon the court's determination as to the best interests of the children, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custody of the children shall be in the father: 3. Temporary or partial physical custody of the children shall be in the mother at the following times: a. During the school year, (1) For three consecutive weekends out of five, conunencing on Friday at 7:00 p.m. and ending on Sunday at 5:00 P.M.: r l1 t<i (2) From December 25 at 2:00 p.m. until December 31 at 2:00 p.m.; and (3) On Thanksgiving Day from 2:00 p.m. until 7:00 p.m.; b. During the summer, liar lour consecutive weeks at the beginning of' the summer and I'or four consecutive weeks at the end orthe summer; 4. Notwithstanding the foregoing. a. The lather shall have custody or the children on Father's Day and the mother shall have custody of the children on Mother's Day, Isom 10:00 a.m. until 7:00 p.m. b. The noncustodial parent shall have custody of both children on either child's birthday, from 3:00 p.m. until 7:00 p.m. 5. "Transportation for exchanges or custody shall be the responsibility of the parent receiving custody; 6. The court finding that Plaintiffs proposed relocation of the children to Dauphin County has not been shown to be likely to significantly improve the quality or life for the father and the children, Plaintiffs request tor permission to relocate them is denied. 7. Nothing herein is intended to preclude the parties from deviating from the terms orthis order by mutual agreement. S. All prior custody orders are vacated. BY THE COURT. LiWesley Olev, Jr... J. /Thomas S. Dichl, Esq. Attorney I'or Plaintill' 4Zuby D. Wccks, Esq. Attorney for Dclendant OPL? RX5 1e. JONAS A. DIFFENBAUGII IN THE C'OUR'T' of CONINION PLEAS OF PLAINTIFF CUNIBERLAND COUNTY, PENNSYLVANIA V. SUANN DIFFENBAUGI1 99-6886 CIVIL ACTION LAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 5th day of February . 2(101, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before _ Iluberl X. Gilroy, [isq. the conciliat at 4th Floor, Cumberland County Courthouse, Carlisle on the 15111 day of March , 2001. at 10:30 a.m. for a Pre-1 fearing 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. i-oR I ml., comr. By: /sl HrtGert . Gilroy, Est Custody Conciliator.7J The Court of Common Pleas of Ctmiberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities ,aid reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements most 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 Tl IIS PAPER TO YOUR ATIORNEY AT ONCE. ?F YOU DO NOT HAVE AN ATTORNEY Olt CANNOT AFFORD ONE, GO TO OR TliLEPHONE THE OFFICE SI- f 170wril BELOW TO FIND OUT WHERE YOU CAN GI f LEGAL III:LP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 J•oi JONAS A. DII'FENBAUGI I. Plaintiff F. SU ANN DIFFENBAUGI-1. Defendant IN TI IE COURTOF COMMON PLEAS OF CUIvIBERLAND COUNTY. PENNSYLVANIA NO. 99-6886 CIVIL TERM CIVIL ACTION - LA1V IN CUS'I'ODY ORDER OF COURT AND NONV, this day of attached Complaint it is hereby directed that the , 2001 upon consideration of the parties and their respective counsel appear before Esquire, the conciliator. at Pennsylvania, on the day of 2000, at o'clock in. for a Pre-l-learing Custody Conference. At such conference. an effort will be made to resolve the issues in (lispute; or il'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 au five or older may be present at the conference. Failure to appear at the conference may provide grounds for envy of a temporary or permanent order. FOR THI? COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELONV TO FIND OUT WHERE YOU CAN GET HELP. TI-11- CUMBERLAND COUNTY 13AR ASSOCIATION' 2 LIBELRTY AVENUE CARLISLE. PA 17013 By: (717) 249-3166 1-800-990-9108 I ,IONAS A. DIPPENBAUGII. PlaintifT V. SU ANN DIPPENBAUGI1. Defendant IN TI II? C'OI IRT OP C'OMNION PLEAS OP C'II,\MERLAND COUNTY. PENNSYLVANIA NO. 99-6886 CIVIL T R\7 CIVIL ACTION - LAW IN CUS'T'ODY CO?IPLAL\'T POR C'US'fOD1' PlainlilT is Jonas A. Dif7cnbaugh, an adult individual Currently residing at 7 Lorimmarect Drive. Carlisle. Cumberland County. Pennsylvania 17013. '-. Defendant is Su Ann Diflcnbaugh. an adult individual currently residing at 7 Longstrcct Drive, Carlisle, Cumberland Counh'. Pennsyl aria 17013 3. The Defendant is the natural mother of the ehildren..Jonas A. Diflcnbaugh. Jr.. born September '11, 1994; and Julia Ann Diffenbaugh, born November 5. 1996. 4. The child. Jonas A. Difi'enbaugh..h•.. was born out of wetlloCk; the child. Julic Ann Dif7cnbaugh was born in wedlock. 5. I-or the past five years, the children have resided with the following persons at the following addresses for the lollotving lengths of time: TAQUE Jonas Dillenbau`,h Su Anil Diffieribaugh Jonas Dif7cnbaugh Su Ann Difcnbaugh ADDRESS 7 Longstrcct Drive Carlisle. PA 629 C'untbcrland Point Circle 'Iechanicsburg. PA D,1ll-'S JaMMD' 1999 to present 1997 to Januarv1999 Jonas Diflcnbaugh Germany 1995 to 1997 Su Ann Diflcnbaugh 6. "I'he nattu•al \-hxhar of the children is the Defendam. who resides as InwaW. She is married. I 7, The natural Father of the children is the I Iaintif . who resides as Coresaid. I le is married g, The relationship of the Defendant to the children is that of natural iviother. The Defendant currently resides With tile children and tile Plaintiff. M? Defendant currently resiclcs With the children and the Plaintiff. F i { 9. The relationship of the Plaintiff to the children is that of natura) Father. The Plaintirrcurrently resides kith the chifdren and the Del'cndant. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this ConunomVealth. I. 'rhe best interest and permanent wch:ue of the children kill be best screed by 1 I granting the relief requested as the plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The PlaintilT does not know of any person not a party to the proceedings who clainns to have custody or Visitation rights will) respect to the children. R'IiLR1 FORE. the Plaintiff. Jonas A. Ditfenbaugh. respectfidly requests this Honorable Court to enter an Order SCI1CdUIi11_L the pa'tieS for a Custody Conciliation. Dale: --- Respectlii } ubnlitted. ?- Thomas S. Diehl. Inquire Attorney for the Plaintiff One West High Street. Suite 203 Post Office 130 1290 Carlisle, Pennsyh•ania 17013 (717) 240-0833 0 vEitIPI( A,%TION I verffv that the statements made in this Complaint are true and correct. I understand that I'alse statements herein are made subject to the penalties of IS Pa.C.S. §-4904, relating to unsworn falsification to authorities. JON s-x DIFFENBAU Plaintiff JONAS A. DIFFENBAUGII IN Tl IF COURT OF CONINION PLEAS Of PLAINTIFF Cll\1131?RI.r\ND COLJN'I'1'. I'I:NNSYLV:\NIA V. SUA.DIFFENl3AUGIl 99-6886 CIVII, ACTION LAW DEFENDANT IN CUS'T'ODY ANIENDI:D ORDER OF COURT AND NOW, this 14 day of February , 2000, the original Order of Court is amended as follows: It is hereby directed that parties and their respective counsel appeal' befired?.tAueline Dt. Verney, Esq. , the conciliator. at 41h Floor, Cumberland County Courthouse, Carlisle on the 7th clay of March , 2001, at2:30 p.m. for-a-Fre4learing Custody Conference. At such conference. an el"fort 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. FOR TI IE COURT. By: /s/ JAWndlne AL Vern Custody Conciliator ?0 -Ilse Court of Common Pleats 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 off ice. All arrangements nnlst be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SIIOULD TAKE TI IIS PAPER TO YOUR A' TORNIiY AT ONCE IF YOU DO NOT IiAVL-• AN A'I"1'ORNIiY OR CANNOT N:hORD ONIi. CiO'I'O OR'1'1i1-I 1'110NI: "1111-, OFI:ICG Sli"I' 1'OR'fli 13ELOW'1'O KIND OU"I' 1V1IEI(Ii )'OL1 C'AN (il l" I.E(iAl. I II:LP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717)2.19-?166 ?? ' ??'L7l /C?Ic?I C C??nJ i11 r?? ?U l?? ?L/-??/? `??J. C?? ' !',iNhDSi JONAS A. DIFFENBAUGII, : IN THE COURT OF COMNION PLEAS OF Plaintiff : CUMBERLAND COUNTV,1'ENNSVLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAN SU ANN DIFFENBAUGH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this l , flay of Iv! , C 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., born September 21. 1994 and Julia Ann Diffenbaugh, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8. 2001, Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25, 2001 at 5:00 p.m. B. Mother shall have custody of the children beginning March 25, 2001 for one week and thereafter the parents shall have custody of the children on a week on/week of7'basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule. the parent who does not have overnight custody. shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and "I'hursday. D. On Easter Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody or the children on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. 'File parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 13. The parties may modify the provisions of this Order by mutual consent. In the absence of nwtual consent. the terms of this Order shall control. 1 /• I`,'?. Pc?\',V?Y?VfuVl?? BY THG COUIt'f, cc: Thomas S. Diehl, Gsquire - Counsel for I-atber Ruby D. Weeks, Esquire - Counsel f or iNlothcl. JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant PRIOR JUDGE: None IN THE COURT OF CONIMON PLEAS OF CUMBERLAND COUNTY,1'ENNSYLVANIA 1999-6886 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. 'file pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh. Jr. September 31, 1994 Mother Julia Ann Diffenbaugh November 5. 1996 Mother 2. A Conciliation Conference was held in this matter on March 7,200 1. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 'File parties agreed to an interim Order in the form attached pending a custody evaluation. j Date dacqu line M. Verney, Esquire Custody Conciliator JONAS A. DIFFENBAUGII IN TI IE COURT OF COMMON PLEAS 01: PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SU ANN DIFFENBAUGI{ • 99-6886 CIVIL ACTION LAIV D f FEN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 26, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before.lacqueline in Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 1R, 2001 at 3:30 p.m. for a Pre-Clearing 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 TH E COURT, By: Is/ Tacnrreline M. Verney. Eso, ?)!J Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. I-or 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 A170RNEY A'1' ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNO'r AFFORD ONE, GO "I'O Olt 'rELI?PI IONE'1HE OFFICE SEIf FORTH BELOW TO FIND OUT WFIERF YOU CAN GI f LEGAL 1IL•LI'. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 'T'elephone (717) 249-3166 ?1 ` .', I ?? y1 It Y? G ,7 /f .? //? ?<? ?i o20 Y// ?? Qa/'/v ?2us?Ft/a? !G? ????-?Y ? ?? ?r y%????? .?? ?? l? ?=??y'? ?? ?a?s of ?? ,;????</-?? ?? ?? ?? ???. ?. JONAS A. DIFFFNIMU01I. Plaintiff SU ANN DIFFFNBAUGI1. Defendant IN'1'111? C'OLilt'f Ol' CO\,I\ION PLHAS OF CU\IIiI:KLAND COl1N"I'1'. 1'13NNSYI.VANIA NO. 99-6886 CIVIL TT.RM CIVII. ACTION - LAW IN CUSTODY NOTICE. AND ORDER TO APPEAR Legal proceedings have been brought against you alleging that you have willfully disobeyed an Order of Court for partial custOdV. If you wish to defend against the claims set finrth in the Ibllowing pages, you may but are not required to file in writing with the Court your defenses or objections. Whether or not you file in writing with the Court your defenses or objections, you must appear in person in Court on the day of . 2001 at o'clock _.\,1.. in Courtroom at the Cumberland County Court of Common Pleas. Carlisle. Pennsylvania. IF YOU DO NOT APPEAR IN PERSON, T'IIE COURT MAY ISSUE A WARRANT F012 YOUR ARREST. 11' the Court finds that you have willfully failed to comply with its Order I'or partial custody, you maybe found to be in contempt of Court and committed to jail, fined. or both. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOTAFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIi BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 (717) 249-3166 BY TI IE COURT: JONAS A. DIPIT*NIMIJU L Plaintiff SU ANN DII'PIiNRAUGI I. Defendant IN 'I'I Ili C'Ot IIL'I' OI' CO\-I.MON PLF AS OF cIIMBITLAND COUN'T'Y, PENNSYLVANIA NO, 99.6986 C•IVILTER\I C'IV11. ACTION - LAW IN C'tISTODY PETITION hOR CIVIL CONTEMPT FOR DIS0Ii1:DIGNCP, m., CUSTODI' ORDER AND NOW. conics the Petitioner, Jonas A. DitTCnbaugh, by and through his CO Lill sel.'I'hontas S. Dichl. Esquire, who respectfulh• represents tile lbllowilli-': 1. Petitioner is the above-named Plaintiff: Jonas A. Diflcnbaueh. an adult individual currently residing at 7 Lomsstrect Drive. Carlisle. Cumberland County. Pennsylvania 17013. 2• Respondent is the above-named Detcndant. Su Ann Dil7enbaugh• an adult individual currently residine at 1116 Ncwk'ille Road. Carlisle. Cumberland County. Pcnnsvh•attia 17013. ;. The parties are the nattn•al parents of the children Jonas A. DifTenbaugh..Ir.. born September 21. 1994: and Julia Ann Diffenbaugh, born November S. 1996. The children were horn in wedlock. 4. Pollotvin_ a Conciliation Conference held on Nlarch 7. 2001 belorc Jacqueline %4. Verne}. I?squire, an Order of Court was issued relative to custody dated March 12. 2001. attached hereto :md incorporated herein by reference as Bilibit 'A'. j. Respondent has \0111111Y failed to abide by the Order in that E i I (a) While children are in Respondent's custody, Respondent has repeatedly spent overnights with her boyfriend over Petitioner's objections, and in direct violation of Paragraph 6 of the aforementioned Custody Order. (b) Specifically, Respondent had an overnight stay at her boyfriend's residence while the children were in her care on the weekend or April 28. 2001. (c) Upon the Petitioner's discovery of Respondent's noncompliance with the Custody Order, ho. through his counsel, forwarded a letter dated April 30. 2001. attached hereto and incorporated by reference as Exhibit '13'. voicing his objections to further overnight stays contrary to the existing Order. (d) The Respondent again spent an overnight with her boyfriend while the children were in her care on file weekend of Map 12. 200E (e) The Respondent again spent an overnight visit with her boyfriend f while the children were present over the Memorial Day weekend of Friday. May 25. 2001 through Sunday. May 27.2001. (1) Moreover, file Respondent unilaterally withheld custody of the children on the Memorial Day holiday. Monday. May 28. 2001, until 6:00 p.m. :J (g) Rcspondcnt has arrival at Petitioner's home on two occasions to pick- up the children smelling of alcohol. and/or visibly intosicated, in direct violation of Paragraph j ol'the aforementioned Custody Order. WHEREFORE. the Petitioner respectfully requests this Honorable Court to hold the Respondent in contempt of Court. award the Petitioner attorney's fees, and grant such other relief as the Court deems appropriate. Respectfully submitted. Date: June 15. 2001 r? -Thomas S. Dichl Attorney for the Plaintiff One West I lieh Street. Suite 208 Post Office Box 1290 Carlisle. Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - Fns VERIFICJVI'10\ I ?crilc that the statements made in this petition are uruc and correct. I understand that (also statements herein are made subject to the Penalties of I S Pa.C.S. 4904. relating to unsworn t.tlsilication to authorities. EXIIIBITA Vi:j- l6l JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 12 `h day of Qt' ` , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., bom September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8, 2001, Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25, 2001 at 5:00 p.m. B. Mother shall have custody of the children beginning March 25, 2001 for one week and thereafter the parents shall have custody of the children on a week on/week off basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have overnight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and Thursday. RECEIVED D. On Easter Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 13. 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 TIE COURT, Z 5 / l,; / J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother .: . C)- fz Zd :.J..........GrPrelijol"UMy JONAS A. DIFFENBAUGII, : IN THE COURT OF CONINION PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, IN CUSTODY Defendant PRIOR JUDGE: None 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 subject of this litigation is as follows: NAME Jonas A. Diffenbaugh, Jr Julia Ann Diffenbaugh DATE OF BIRTH CURRENTLY IN CUSTODY OF September 21, 1994 November 5, 1996 Mother Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to an interim Order in the form attached pending a custody evaluation. Date tdacqu fine M. Verney. Esquire Custody Conciliator rx?+n;rr ?; FN rl. S 1 p 7?OC r nn rv 7 <Jp (A jry ? n T ^ a ?ko ° o _ MISLITSKY ANDIL-.IEHL THOMAS S DIEHL Ric HAPO a •MIS_ITSK'Y' __+A_ 15515'>.V? LEGAL SECRETARY REPLY TO' CARLISLE Ruby Weeks, Esquire 10 West High Street Carlisle, PA 17013 ONE WEST HIGH STREET SUITE 208 P O Sox 12.90 .->RLJSLE. =ENNSYL%ANIA 17013 ' - 2.10.0833 .7171 240-0893 - FACSIMILE 'a .,]R?., ..1>.N STREET SUITE 550 C->M3ER53LRG. ?ENNSYL%>N1A 17201 X717, 201.0208 April 30. 2001 FILE No. 99229 RE: Diffenbaugh v. Diffenbaugh In Custody Dear Ruby: Please accept this letter as notice of the following incidences in which Mr. Diffenbaugh believes that Nts. Diffenbaugh was acting in contempt of the parties' existing Custody Order, dated March 12, 2001. First, it has come to Mr. Diffenbaugh's attention that Ms. Diffenbaugh had an overnight visit with her boyfriend, Brian Hippensteel, on the evening of Saturday, April 28, 2001, at which time both children were present and in her custody. This is obviously contrary to Paragraph 6 of the Custody Order. Furthermore. NIr. Diffenbaugh indicates that Ms. Diffenbaugh has arrived on?at least two custody exchanges wherein she appeared to be visibly intoxicated, in violation of Paragraph 5 of the parties' Custody Order. Additionally, on other occasions, Ms. Diffenbaugh has arrived at the exchange smelling of alcohol. Please note that is it our understanding that a current condition of her probation is that she completely abstain from using alcohol. I am advising Mr. Diffenbaugh to no longer release the children into Ms. Diffenbaugh's care should she again arrive aepearing intoxicated ShOUld the a[J'•c :!rcuntitanc Ls continue. M, Dltten Cl!:_5. '....Lau hat: :o Ce:i:ion :.^.C Court :o find `1s. Di[ enbaugh in contempt of the existing Order. Your attention to the above is greadt appreciate?? CtR C:UIv oU: i. / fy1,?Ilhli) DIC.^.i r5D klh ,?l cc Jonas Diftenbaul h .]ER nciEO >S > GM?L rPUL AO?OC>*E p. .?J>-10V>L 3J>i] or TR.>- Az,, > >Py-. •.L. IYU `-j?IP9EME ?OIR? >L[ic.. e] >.}E V?+ FEB 0 5 2002 ?t? JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, ; IN CUSTODY Defendant ORDER OF COURT AND NOW, this-_Lf_ day of Fe 2002, upon consideration of the attached Custody Conciliation Repor , it is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in fill force and cllect except as modified and supplemented hereinafter. 2. Effective February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m. to 9:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. "file Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. Ir ? ?...... I . _a ..1 7. Caster Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p.ru. which will replace the normal transfer of Monday at 5:00 p.m. 8. The parties shall alternate the following holidays. 9:00 a.m. to 9:00 p.m.: New Year's Day. Memorial Day. July 4"'. and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered Mears and July 4"' and Labor Day in odd numbered years, while Mother shall have July 4" and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12. 2001 is hereby vacated as ol'the date of the Conciliation conference. February 5. 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT,-, J Wesley Ole., J. cc: Thomas S. Dichl, Esquire - Counsel for Father Co 1V . e,,? ?. D7• D i Ruby D. Weeks, Esquire - Counsel for Mother FEB 0 5 2002 ?- JONAS A. DIFFENBAUGH, : IN TIIE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGII, : IN CUSTODY Defendant PRIOR .JUDGE: J. Wesley Oler, Jr. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21. 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference uvas held in this matter on Father's Contempt Petition on February 5, 2002. Father. Jonas A. Diffenbaugh. was present with counsel, Thomas S. Dichl, Esquire. and Mother. Su Ann Diffenbaugh, was present with counsel. Ruby D. Weeks. Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. a -5 -oz l4 Date cqt ine M. Verney, Esquire ustody Conciliator AI'h ll 4 Z00! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. JONAS A. DIFFENBAUGH Plaintiff CIVIL ACTION - LAW Va. CUSTODY SU ANN DIFFENBAUGH 99-6886 CIVIL TERM Defendant 0RD _GROf C?t1 2002, 1111011 Consider"' ion of the NOW, this -? clay of within petition for Contempt, a Rule is issued upon Respondent to SlION' cause why the relief requested should not be granted. day of RULE returnable at a hearing set for the --- 2002, in Court Room NO- of the Court (louse at Carlisle, Pennsyh"ania, at O'clock -.Ill. COUNSEL for the parties are directed to appear for a conference Will' the Undersigned in of chambers on ?- Day By the Court, 2002 at 0 cloc6 _ . J. cc Ruby D„ \Veeks, Esquire for the mother 'fhomas Dichl, Esquire, for the father APR U 4 2002 JONAS A. DIFFENBAUGH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW CUSTODY SU ANN DIFFENBAUGH Defendant 99-6886 CIVIL TERM ORDER 011' COURT NOW, this day of 2002, upon consideration orthe within Petition for Contempt, a Rule is issued upon Respondent to show cause \vhy the relief requested should not be granted. RULE returnable at a hearing set for the day of 2002, in Court Room No. of the Court House at Carlisle, Pennsylvania, at O'clock .m. COUNSEL for the parties are directed to appear fora conference with the undersigned in chambers on Day of 2002 at o'clock .111. By the Court, J. cc Ruby D,. Weeks. Esquire for the mother Thomas Diehl. Esquire, for the father APR 0 4 2002 9 JONAS A. DIFFEi IBAUGI-I. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH. : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of April 2002, upon consideration of the attached Petition for Emergency Relief, it is HEREBY ORDERED as follows: Respondant. Su Ann Diffenbaugh, shall exercise further periods of physical custody of the parties children, Jonas A. Diffenbaugh, Jr., born September 21, 1994; and Julia Ann Diffenbaugh, born November 5, 1996, under the supervision of members of her family, until further Order of Court. All remaining provisions of the parties' prior Custody Order of February 6, 2002 not inconsistent with this Order shall remain in effect. BY THE COURT: J. cc: Thomas S. Diehl. Esquire Ruby Weeks. Esquire JONAS A. Dlf•FENBAUGH. Plaintiff v. SU ANN DIFFENBAUGH. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENiNSYLVANIA c7 r? n NO. 99-6886 CIVIL TERM CIVIL ACTION - LAW bn ` IN CUSTODY - r- , -G •J PETITION FOR EMERGENCY RELIEF AND NOW, comes the Plaintiff/Petitioner, Jonas A. Diffenbaugh, by and through his counsel, Thomas S. Diehl. Esquire, who makes the following Petition for Emergency Relief against the Defendant/Respondent, Su Ann Diffenbaugh: Petitioner is the above-named Plaintiff, Jonas A. Diffenbaugh (hereinafter "Father"), an adult individual currently residing at 7 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is the above-named Defendant. Su Ann Diffenbaugh (hereinafter "Mother"), an adult individual who prior address was 216 Avon Drive, Carlisle, Cumberland County, Pennsylvania 17013. It is unknown where she is currently residing. +. The patties are the natural parents of the children Jonas A. Diffenbaugh. Jr.. born September 21. 1994: and Julia Ann Diffenbaugh, born November J. 1996. 4. On Monday. April I. 2002, Father learned through the newspaper that ivlother was arrested on Sunday. March 31. 2002. and was arrested and charged with simple assault. harassment and resisting arrest. (Said newspaper article is attached hereto as "Exhibit A") ?. Said char.-es stem from a domestic violence incident wherein it is alleged that Mother assaulted her live-in boyfriend with a knife. cutting him several times. 6. On April 4.'_002. Father's counsel spoke with the arresting officer, Jeffery Kurtz. of the Car!'sle Police Department who relayed the following: a. Upon responding to the scene the officer found Mother to be highly intoxicated. b. The victim, Brian Hippensteele, reported that Mother became enraged, and brandished a knife during a domestic dispute. C. The victim sustained slash marks on his hands while attempting to disarm Mother. d. After removing knife from her, Mother bit victims thumb as he attempted to subdue her. e. Officer Kurtz observed the marks on victim's hands and thumb. 7. Upon being placed under arrest, Mother needed to be transported as follows: a. First to the police car on the scene of the incident: b. Second, from the car to the booking center: C. Third. from the booking center back into the police car: AND d. Lastly. form the car into the Cumberland County Prison. S. During each of the four transports on the night of her arrest. Mother resisted. and thereby had be physically moved by two uniformed officers. 9. Mother has a history of drunken volatile behavior characterized by using, knives. biting. and acting belligerently towards law enforcement. 10. On October 23. 2001. Mother was charged with harassment following a custody exchange in which she arrived intoxicated, bit Father during an argument, and fled the scene with the children. (A copy of the resulting police report is attached as Exhibit B). 11. Father further relates that prior to their separation. Mother had previously brandished a knife during a domestic dispute. No injure resulted however, as Father fled. 12. The Father has reason to believe that Mother is currently without a place to live, as a condition of her bail being to reframe from contact with the victim/homeowner. 13. Father further avers Mother is currently unable to care for the emotional and mental well being of the children. 14. Father further believes that Mother's irrational and violent actions make her a credible physical threat to the minor children. 15. Accordingly, Father request that Mother's contact with children be supervised pending further Order of Court. 16. Father is agreeable to supervision being provided by members of Mother's family. 17. A petition for I'vlodification of Custody has been filed prior to this petition for emergency relief, but a court date has not yet been scheduled. 13. The parties are currently subject to a Custody Order dated March 13. 200 1. which was the result of an agreement reached at a Custody Conciliation Conference held on March 7. 2001. A copy of the resulting Order is attached hereto and incorporated herein by reference as Exhibit -C.** 19. Said Order was modified by further Order of Court dated February 6. 2002. attached hereto and incorporated herein by reference as Exhibit -D.- r I WHEREFORE. the Petitioner respectfully requests this Honorable Court to enter an Order providing Respondent periods of supervised physical custody with the children at issue. and any other relief deemed appropriate. Date: April 4, 2002 Respectfully submitted, C-JO-E Thomas S. Diehl Attorney for the Plaintiff/Petitioner One West High Street. Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that ' ? false statements herein are made subject to the penalties of 18 Pa.C.S. ti y X1904, relating to unsworn falsification to authorities. Attorney for Plaintiff/Petitioner CERTIFICATE OF SERVICE I herebv certify this day of April 2002, that a true and correct copy of the foregoing document was served on the following individual via hand delivery: Ruby Weeks, Esquire Ten West High Street Carlisle, PA 17013 Thomas S. Diehl, Esq. rXIIIBITA _.1 Monday _ ?PiC®rd April 1, 2002 Woman charge in altercation An area woman was charg after an altercation Sunday. Carlisle police say arou 10^5 P.M. they responded to reported domestic dispute th involved a knife in the 2 block of Avon Drive. Police reports state that Sul Ann Diffenbaugh allegedly came at Brian K. Hippegstec1 with a knife during an ,go ment. i, Police say after Diffen6augt was arrested, they had td ust "substantial force" to get her tc a car, inside the car, out of the car at the courthouse and then into the counhoytse. She was charged with simple assault, harassment and resisting arrest and taken to cumbgland County Prison on $1,000 bail, where she remained this room- ing. Carlisle police say around. 9:30 a.m. Sunday Rebeocea Beardmore. 50, discovered the front bumper was stolen from her red 1992 Volkswagen Jena. Police say the car was parked on the 500 block of West North Street overnight when the theft occurred. The bumper is black and worth about S200, police say. Window broken Carlisle police are imestigat- ins a case of criminal mischief that occurred sometime between 6 p.m. Thursday and 3 a.m. Fri. day. Police say someone broke on: of Ihree glass panes on the from door of a haute in the first block ,,['South Hanover Street causin_ about $500 in damage. Police are asking anyone with intitrmatiun regarding the mei- dent of call 2243-525?. Youth cited Carlisle police cited a 15--ve:u- old male widi criminal mischi? oI March ]n for allegedl•. around 5 p.m. March 13 the boys damaged the vinyl siding on the home of Alan Boyer of Newville and shattered the windshield on an RV motor home belonging to Douglas Baker also of Newvil le. They were charged with crim- inal mischief and will be paying fines and damages, police say. Park rules prohibit BB guns within the park grounds. Mailbox shot State police at Carlisle are asking for information about an alleged case of vandalism in Penn Township. . Police say between I I p.m. Friday and .6 a.m. Saturday. someone shot Michael C. Valek's mailbox in the 200 block of Farm Road with a shot. Anyone with information is asked to call 249-2121. ' Woman assaulted, husband tailed A resident of Safe Harbour on West High Street in Carlisle was treated and released from Carlisle Regional Medical Cen- ter after an alleged incident of domestic violence. Carlisle police say Tammy Pritl. 30, was assaulted by her husband. Marshall Pritt. Satur- day at ahout 9:30 p.m. They sav he allegedly forced his way into her apartment. Marshall Priu was also treated and released from the hospital. He was in Cumberland Coun- ty Prison this morning on 510.000 hail and a parole deniner. Tire squealing leads to citation An Ickesburg man was cited for disorderly conduct Wednes- day after squealing his vehicle tires in the 200 hinck of South Pill Street in Carlisle at about 6:45 p.m. w'cdnesdav. Carlisle police ay 11j'avlon Deaarick. 31), was ako playing nui:ii• Innd h and Wednesday. the suspect stole the container from behind the garage owned by Timothy Snyder, 37, who lives along Route 333, north of Lightner Road. Car taken from parking lot State police at Carlisle say someone stole a vehicle from the Allenberry Playhouse park- ing lot in Monroe Township sometime between March 22 and March 24. Police say the vehicle with registration YVH-1192 from Virginia belonged to Joseph Ozefovich, 63, of Vienna, Va. Girl reports chat room incident A 12-year-old girl and her parents from West Pennsboro Township reported that someone was making sexually explicit remarks on an America Online chat room. State police at Carlisle say the girl and her parents allege that on March 23 an unknown per- son asked the girl inappropriate questions and asked her to send nude pictures to an address in California. Police say they are mw.itigat- ing the incident. - Humane society break-in tried Someone allegedly rra,heil out the windows to _.1111 entrw into the Humane Society of Ilia Harrishurg Area in the 700 block of Eppley Road. Monroe Tow nihip. on March 24. Slate police at Carlisle say around 4 a.m. someone ;mashed out the window and got cut in the -lass. Blood from Zile Stti- pect was found at the scene. Police say nothing appsared to he musing loom the building. Hit-run probed State Police in Carlisle are ving the wrong way on a one- way street, for underage drink= ing early Thursday morning. Police stopped Adam C. Tor- rent, 19, and Edel B. Pagan. Santiago. 19, in a car on the first block of South Bedford Street. In addition to the underage cita- tion, police say they also plan to cite Torrent with a one-way street violation and driving under a suspended license. Both were released to a friend._ ;c Car flees crash,, One car fled the scene of a• two-vehicle accident Wednes- day night on the 300 block of East High Street in Carlisle, police say. - At a traffic light, a red car =:, pulled in front of a 1992 Saab driven by Robert P. Venditti, 46, police say. The occupants of the red car stopped in a parking lot..: and examined their car, which was dragging its bumper, then turned onto York Road and kept oing. The accident caused damage to a left front panel of the Saab. Car scratched Someone scratched the hood of a car parked at a business on Route I I in Watts Township, Parrs County overnight Satur- dav or Sunda. state police say. The car. a' Dodge Intrepid. t•rlom_ to Heather Hare. 23. of Duncanoon. Driver hits cow A motorist struck a row cross- ing Ronne 850 Thursday night in Northeast Madison Township. Perr. County. The !ri,.e.r. Roger Blumen. .rhein .11 Losisille. was not injured. Nil his vehicle had to be unwed trout the sne. The cow ,un. ncd. 'laic police say. Mailbox broken State police sav a pickup truck hit a mailbox and fled the scene nn Rome 34 in Carroll Town- ship. Perry County. The hit-,ind-run accident hap- GSIi1131T B R 01-003326 r rCOMPLAINT REPORT l COMPLAINT NUMBER -> 01-003325 Received by: DENNIS STUM Page No. _ 11/15/2001 Date/Time received: 10/23/2001 © 20:06 How received: RADIO DISPATCH Time dispatched: 20:06 Time arrived: 20:11 Time cleared: 20:30 COMPLAINANT -> JONAS DIFFENBAUGH Address: 7 LONGSTREET DR City: CARLISLE State: PA Zip: 17013 Phone: (717) 249-4767 TYPE OF COMPLAINT -> DOMESTIC Nature of DOMESTIC/CUSTODY DISPUTE BETWEEN JONAS & SUE ANN DIFFENBAUGH complaint SUE ANN WAS THERE TO PICK UP THE CHILDREN, JONAS DID NOT WANT TO GIVE BECAUSE SHE WAS INTOXICATED, SUE ANN GOA, SPOKE TO HER IN CARLISLE,HAD BEEN DRINKING,CHARGE SUE ANN W/HARASS How handled: Officer visit Location code: ZONE3 Location dispatched: 7 LONGSTREET DR Officer dispatched: DENNIS STUM Officers assisting: 1) GARY CARVER TIME ANALYSIS Queue time <time 7 received to disoatched> = 0 minutes Travel time <time dispatched to arrived> = 5 7 minutes Resoorse time <time received to arrived> = 5 m'_nutes Action time <---'me arrived to cleared> 17 minutes RECEIVED W 01-003326 INCIDENT REPORT Page No. - DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE 11/15/2001 Date occ d urre : 10/23/2001 to 10/23/2001 S Time occurred: 20:06 to 20:06 Date reported: 10/23/200: Time reported: 20:06 A Arrest (NON-TRAFFIC) : DENNIS STUM Jurisdiction: 21208 T Reviewed by: JEFFREY RUDOLPH U Date reviewed: 11/01/200- S Cleared by: Summons Case status: Closed Date cleared: 11/01/200_ Date closed: 11/01/200_ 0 F E N S E Offense code: CC2709AI ... HARASSMENT Nature of offense: BIT VICTIM ON BACK Circumstance: Completed Unfounded? NO Date: Bias motivation: None (No bias) Alcohol consumed? YES Drug/Narcotic? Computer equipment used? NO Location: 7 LONGSTREET DR Location code: ZONE 3 Location type: Residence or home NO Premises entered: Forced entry? Abandoned? SUANN DIFFENBAUGH S 44 W RIDGE ST U CARLISLE, PA 17013 S (717) 258-1739 P E Interviewed? YES Statement taken? YES C T Citations issued? 1 Warrants issued? NO SUANN DIFFENBAUGH Date of arrest: 11/01/2001 @ A Arrest type: Summoned/cited R Location: 7 LONGSTREET DR R Location code: ZONE 3 S Condition prisoner: Intoxicated - Arrest disposition: Arrest: (NON-TRAFFIC): DENVIS STUM iCNAS DIFFENBAUGH V 7 LCNGSTREET DR CA.RLISL= PA 170:3 C (717) 249-4767 M <_la_ed offenses: CC2709A1 elationshio to SUANN DIFFENBAUGH: Spouse DOB: 07/08/1966 Age at incident: 35 Sex: F Race: WHI Ethnicity: NONH Height: I Weight: lbs. SSN: 210-60-0504 Hair color: Eye color: Build: Complexion: OTN: Informed of charge? YES Advised of rights? NO NCIC check? NO Resident? YES Other incident(s) cleared? NO Date of disposition: i / DOS: 05/05/1971 Ace at nc-dert: Sex: M Race: W=- NCX= SSN: 734--3-9549 inter-v4ewed? Y---S Statement taken? YES Resident? (_- .4 01;003326 INCIDENT REPORT Page NO. 2 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE 11/15/2001 P BRIAN KEITH HIPPENSTEEL Association: Other 44 W. RIDGE STREET DOB: 03/10/1964 Age at R CARLISLE, 17013 incident: 37 S (717) 253-1739 Sex: M Race: WHI Ethnicity: NONE 0 SSN: - - N Interviewed? YES Statement taken? YES V Registration: PA->AKE6255... 95 CHEV COBRA BLU E Owner: CATHY M.S. HIPPENSTEEL & H Co-owner: BRIAN KEITH HIPPENSTEEL 44 W. RIDGE ST. I CARLISLE, PA 17013 C L Type of property: None Disposition: E Category: Automobile Value vehicle: $0 Related offenses: __ .,a r. ?....? . ....... ?.... 1 i i Page No. 11/15/2001 Sequence: 01 _ C Jl._J_VT Jl:??i Eb?E?IT.?:.. •'+^. '_-0033 . 25 DOMESTIC/CF:- CUSTOM" -' L' D?SPL"TE, NARASSMc,IT CHARGE Re;ze:aed bY: Dale reported: 11/01/2001 Dace re'.e:aea: / / ON OCTGBE- C'v;•IBERLAD;D CO ?1 - O l-anLyTO ?cg?Oii ?ECE\ VED A GALL FROM LGDlr_.^^ O A.N ACTIVE DOMESTIC AT 7 J:REET DR. CONTROL ADVISED THAT CUSTODY DISPUTE. WHILE ENROUTE -HE DOMESTIC INVOLVED A NaLF OF THE DI o E PAD CONTROL ADVISED TEAT THE FE,'KALE S.UT AD LEFT WITH THE CHILDREN IN A BURGANDY COLORED CHEVROLET SUBURBAN. THE VEHICLE WAS LAST SEEN EAST ON WERTZ RUN RD TOWARDS SPRING RD. UPON ARRIVAL, I SPOKE WITH JONAS DIFFENBAUGH. MR DIFFENBAUGH STATED THAT HE AND HIS WIFE ARE SEPARATED. THEY HAVE A TEi?PORARY CUSTODY ORDER WHICH STATES THAT HIS WIFE, SUANN DIFFENSAUGHi WAS NOT HAVE CUSTODY OF THE CHILDREN WHEN' SHE IS INTOXICATED. SHE SHOWED UP TO PICK UP THE CHILDREN IN A VISIBLY INTOXICATED CONDITION. HE DID NOT WANT TO TURN OVER THEIR TWO CHILDREN. AN ARGUEMENT STARTED AND SUANN STATED THAT SHE WOULD STAY THERE AND VISIT WITH THE CHILDREN. SHE THEN PICKED THEM UP TO CARRY THEM OUT. HE FOLLOWED HER OUT, ATTEMPTING TO STOP HER. WHILE HE WAS STANDING AT THE BACK DOOR TO THE VEHICLE, SHE PUSHED HIM OUT AND BIT HIM ON THE BACK OF HIS RIGHT SHOULDER. MR DIFFENBAUGH SHOWED ME A BRUISE ON HIS SHOULDER THAT APPEARED TO BE A BITE MARK. I PHOTOGRAPHED THE BRUISE. MR DIFFENBAUGH STATED THAT HIS WIFE WAS CURRENTLY STAYING IN THE FIRST BLOCK OF WEST RIDGE ST IN CARLISLE BUT HE DID NOT KNOW THE HOUSE NUMBER. AFTER LEAVING 7 LONGSTREET DR I WENT TO THE FIRST BLOCK OF WEST RIDGE ST WHERE I OBSERVED A BURGANDY CHEVROLET SUBURBAN BEARING PENNSYLVANIA REGISTRATION AKE6255. UPON CHECKING THROUGH CONTROL, I LEARNED THAT THE VEHICLE BELONGED TO BRIAN H7PPENSTEEL, 44 WEST RIDGE ST, CARLISLE PA. I WENT TO 44 WEST R_-DGE ST AND ?ANG THE BELL. THn :PPENSTEEL. I ASKED DOOR WAS ANSWERED BY MR vEc IF S'U.aN?,i DIFFENBAUGH WAS THERE ~_ THAT SHE WAS UPSTAIRS PUTTIN STATED _. THE CHILDREN DCWii TO ED. IENTr1UP STAIRS AND '?TURNED. r.?ET - STATED THAT SH7 WOULD BHuDOWNHIN A FE MUTES. ivl_ lOSHORR,LY THEREAFTER, SUALNI CA"N?E DOWN AND IMMEDIATELY ORDERED LEAE SHE STATED THAT IF - DID NOT HAVE A. WARR.ANT, THAT T WAS TO GET OUT AND THAT I :{?LAI iED T M.. IooENSTE H -_^ ILL-T -PEAKING ''WITH HEQ, I NOTICED - - FROM HER HUSBAND. 1HILE ID;TG:(ICATED. - il. THAT SHE APPEARED VISIBL•r ABOUT HER PERSCP;.- RJOVES_>IO G ODOR vF AN ALCOHOLIC ?c;I=c AGE OTI0.1.y A iD GLASSY AND SHE WA.S VZzY pr UNC,,.,.ROL - - .. Sr:_ C-Lb?ED GC'riN, o J~..- -'!E_ED ABOUT L?;3cL-TEL _SSUES ..E_EIVED-.M -• -N=D ..BCUT THE COM?LAID;T - S_A1_'ED T`-3•T ` PUSHED • =R CUT ? DOOR =NAVD`•LOFF SHE THE B_-ET S r TEP AVD ?ROVIDED BOTH V'•IRS J - F R:4S. : ASKE _ ENB IGt GH -A iD ..:?PENSTEEL 1??.. STATE7•'-N _y^• _ D TO --E °%l AND =D' - cn^- i:S_ iG__D BE BACK _'ic:v_>,C 1?ICc. Eb' TTM =:;'iELC_ E :TH ;d. ` ',E ? -.=CT c a 'N .i .'....- ---- STATEMENTS. J 1 (•. _^., _?;? I-A BITING HER u•? S S. Er?E?i'. ?;? ?SBANZ IN SEuL Jr.E 51 '17 O N OCTOBER 2. 200'7 _, -•„ By JvSA.g DIFFENBAUGH py E_ U? A •.GPY JF THE S.: J '=.DE piiGH G1L LISTENING TO THE TAPE L HEARD MR DIFFENBAUGH EXPLAINING TO THE DISPATCHER WHAT WAS OCCURRING. DURING HIS CALL, I COULD HEAR HIM North Middleton Township Sequence: 01 INCIDENT SUPPLEMENTAL REPORT Page No. 2 11/15/2001 401-003326 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE SHOUT OUT IN PAIN AND SAY WHY DID YOU SITE ME. SUANN DIFFENBAUGH WILL BE CHARGED WITH HARASSMENT. EXHIBIT C MAP ; o I JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : NO. 1999-6886 CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this JZ`A day of of 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., bom September 21, 1994 and Julia Ann Diffenbaugh, bom November S, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8. 2001. Father shall have custody' of the children beginning at 5:00 p.m. and continuing until March 25. 2001 at 5:00 p.m. B. Mother shall have custody of the children beginning IvIarch 25. 2001 for one week and thereafter the parents shall have custody of the children on a week onAveek off basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have overnight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on everv Tuesday and Thursday. RECEIVED D. On Easter Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend ovemight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for longer than three hours during their period of custody. the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. G.I 13. 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. /s, cc: Thomas S. Diehl, Esquire- Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother In and t semi ' a mi 1..... r l?1c,?..., p? orotary JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA 1999-6886 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to an interim Order in the form attached pending a custody evaluation. Date )Custody Conciliator rzimu'r n FEB 0 5 2002 G, JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999.6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IN CUSTODY Defendant ORDER OF COURT 4ND NOW, this G day of 2002, upon consideration of the attached Custody Conciliation Rep M Tit is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in full force and effect except as modified and supplemented hereinafter. 2. Effecdve February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m, to 9:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. FEB 0 8 2002 7. Easter Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p.m. which will replace the normal transfer of Monday at 5:00 p.m. 8. The parties shall alternate the following holidays, 9:00 am. to 9:00 p.m.: New Year's Day, Memorial Day, July 4's, and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered z ears and July 4 h and Labor Day in odd numbered years, while Mother shall have July 4 and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12, 2001 is hereby vacated as of the date of the Conciliation conference, February 5, 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. 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/ o. olt C2. J. Wesley Oler, r. J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother ? II 7, ,f/ JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 1999.6886 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I , The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on Father's Contempt Petition on February 5, 2002. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. a -,S-o I- ey, Esquire Date cq ine M. Vern ustodv Conciliator j I J ? ''_ O J ^1 /// 1 ? 1 - 1 O 3 .- f ? S J O 3 1- T- 3 iL YI `e F, _d N N m N M W O W - ¢ F ¢ ? N Z >=J ?rcuFZ O W z <W a Za rW- w J J U W C4 F s W M ago U N cn r- W ? W W Z .J F ti V7 ..] 0 W G } i G m o u 7- 24 i I i 'I. i i ? I i i t r N N O N m O w r w \W j ~ Q C N Z C F Z Q /? Q 7 > n w = } N N (V O w Z . 6 V G Z w W r w J N J K Q U O N L w .3 .S Q N U V M ? O u ? In = C. y u ? H N O "I v ? r F-U I i I I JONAS A. DIFFENBAUGH. : IN '1'1 II? COURT OI' COMMON PLEAS OI- Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA ?'• CIVIL ACTION - LA W SU ANN DIPf ENBAUGI1, De enclant NO. 99-6586 CIVIL TERM ORDER OF COUR'T' AND NOW, this 4"i clay ol'April, 2002, upon consideration ol'Plaintiff's Petition for Emergency Relicl; and Defendant's Petition for Contempt, and li?llowin; a conference with counsel in chambers on April =4. 2002, and pursuant to an agreement of counsel, Defendant's periods of custody under the existing order shall be with supervision of *a family member, pending a custody conciliation conference and tiirlher order of court. BOTH PETITIONS are referred to the custody conciliation process pursuant to Cumberland County Rule of Procedure 1915.12-I. and the Court Administrator is requested to facilitate this referral. BY TFIE COURT. I honors S. Dichl. Esq. /Attorney for Plainti11' ./Ruby D. Weeks, Esq. Attorney for Defendant Court Administrator ;G- J >?KJ ?J .Ie L_D •p-IC b 6 y 'U9 -? r I t APR 0 4 2904- D JONAS A. DIFFF.NR:\UGI L : IN •1.111-'COURT OI' CO\INION PLEAS OF PlaintilT : C'UMBFI LAND C'OUN'TY. PENNSYLVANIA ?. : NO. 99-6886 CIVIL TERM SU ANN DIPFHNBAUGI1. : CIVIL ACTION - LAW Delenclant : IN CUSTODY ORUF.R OF COURT AND NOW, this clay ol' April 2003. upon consideration of the attached Petition Tor Emergency Relief. it is I IGRF13Y ORDERED as Ibllows: RCS11011de11t, Su A1111 Dil7cnbaug11. Shall CSCreise farther pcrioclS of physical custody ol' the parties children. Jonas A. Dillcnbaugh. Jr.. born September 21. 1994: and Julia Ann Diffenbaugh, born November >. 1996. under the Supcryision of members of her family. until further Order ol'Court. All remaining provisions of the parties' prior Custody Order of February 6. 2003 not inconsistent with this Order shall remain in elTect. 13Y T I IF COURT: cc: Thomas S. Diehl. Esquire Rubv \\'ccks. Isyuire ,IONAS eA. DIFFFNBAUGI I. Plaintirf V. SU r\\\ DIFFE.NBAUG11. Defendant IIN THE, COL.)RT OF CONI\4ON PH AS OF CU\4RNRLAND COUNTY. I'I?NNSYI.\'ANIA NO. 99-6896 CIVII.IT.RIM CIVII. AC'I'IO\ - LAW IN CUSTODY PIs'I'I'1'ION colt F-\IGR(;ENCY REIAEF AND NOW. comes the Plaintil•1%Petitioner, .lonas A. Dillonbaugh, by and through his counsel. Thomas S. Diehl. Esquire. who makes the litllowing Petition for Emergency Relier against the Deremtlant/Respon(temt. Su Ann Difrcnbaugh: Petitioner is the above-named Plaintiff. Jonas A. Dirrenbaugh (hereinafter "Father"). an adult individual currently residing at 7 Longstreet Drive. Carlisle. Cumberland County. Pennsylvania 17013. 2. Respondent is the above-named Defendant. Su Ann Dirfenbaugh (hereinafter Mother-), all adult individual who prior address was 216 Avon Drive, Carlisle. Cumberland County. Pennsylvania 17013. It is unknown Here she is currently residing. 3. The parties are the natural parents or the children Jonas A. Dinbribaugh„ Jr.. born September 21. 1994: and .IUlia Alen Difrenbauigh, burn November 5. 1996. 4. On Nfonday. April I. 2002. Father learned through the newspaper that Mother was arrested on Sunday. March 31. 2003. and was arrested and charged with simple assault. harassment and resisting arrest. (Said newspaper article is attached hereto as "Exhibit A°) j, Said charges stern front a domestic violence incident wherein it is alleged that -lothcr assaulted her lice-in boylriend with a knite. costing him several tines. G. On April 4. 3003. Ether's counsel spoke with the arresting Oflicer..leflery Kurtz. of the Carlisle Police Deparu11ent cvho relayed the Billowing: a. Upon responding to the scene the olliccr lbund tMother to be highly intoxicated. h. The victim. Brian I lippensteele. reported that lblotber because enraged, and brandished a knife during a domestic dispute. C. The victim sustained slash marks on his hands while attempting to disarm Nlother. d. Alter removing knife from her, Nlother bit victims thumb as he attempted to subdue her. e. OIl icer Kurtz observed the marks on victim's hands and thumb. 7. Upon being placed under arrest. Mother needed to be transported as follows: a. First to the police car on the scene ol'the incident: h. Second. from the car to the bookim.- center: C. Third. lion the booking center back into the police car: AND d. Lastly, 101-111 the car into the Cumberland County Prison. li. During each of' tile lour transports on the night of her arrest. Mothcr resisted, and thereby had tic physically moved by two unifin•med olticers. 9. Mother has a histoq of drunken volatile behavior characterized by using knives. biting, and acting helligerently towards law enlorcement. 1(). On Octoher 21. 2001. ,\lother,e:ts charged aith harassntent li,llotvit . i i i , exchange in ,chick she arrived intoxirned. Ili[ I;nhcr during ; 1R `t cttstody all al."IMICnl• and fled the scene with the children, (,\ copy, of the resulting holier rchort is attached as lixhihil R). 1 I. Father lin-ther relates that prior to their separation. \dother ha(I previously brandished a knil. L dtu ins a domestic dispute. No injure resuhed hoWe(rr. as Pathcr lied. 12. 'I'hc Pathcr has reason to believe that ,%lothet' is curruul)' trithoul a place to live. as a condition of her hail being to reli•ame Ihmt contact With the victim/honteo,vner. 13. Father lin'ther a%'crs .\-lothcr is currently unable to care lbr the emotional and mental well bring of the children. 14• Father litrthcr believes that i%,Iothcr's irrational and violent actions make her a credible physical Threat to the minor children. 15. Accordingly. Pathcr request that t\dother's contact ,with children be supervised pending Ilu'Ihet• Order of Court. 16. Father is agreeable to super'ision being provided by mcnil,ers ol'i\-lother's lamily. 17. \ petition li,r 1\10(l lic:0ion of Cast()(]}' has been filed prior to this petition for cntergencY relief: but a Court date has not yet been scheduled. 18. The parties arc currently sullject to a C'uslody Order dated tNlarch 12. 2001. which n'as 'lie result ofun agreemejit reache(I at a C'uslod}' Conciliation C'unlcrencc held on il4at'ch 7. 2001. A copy of the resulting Order is attached hereto and incorporated herein by reli:rrcnce as Bxhibit •'C"' 19. 'Ud Order was olodilied h}' liu'ther Oder of Court d;lte(I February 6. 2002. a0ached 11CrelU and incorporated herein by reli'rence as I :xhihit °U... WIIERI;PORH. the Petitioner respectlldly requests this IlOnurable Court to enter an Order p1'0%'iding Respondent periOdS 01' supervised physical custody with the children at issue. and any other relief deemed appropriate. Respectfully submitted, Date: April 4. 2002 ?- - I'hontes S. Dichl Attorney Ibr the Plaintil'ITctitioner One West 1 ligh Street. Suite 208 Post 011ice Box 1390 Carlisle. Pennsylvania 17013 (717)240-081') (717) 2=40-0893 - PAX ?''1016TH'.?T?.._.'.vc'lia[?£5]CJC?/`IICNNIAg1$?2519'Y° _ _ _ _._ _ VERIFICATION I verify that the statements made in this Petition arc u•ue and correct. I understand that false statements herein are made Subject to the penalties of' IS Pa.C.S. § 4904. relating to unsWorn fhfsification to authorities. Attorney for Plaintiff Ictitioner CERTIFICATE OF SERVICE L?.f. I herehy Certify this clay oI'Apri1 300_2, that a true and correct copy of the 110regoing dUCUmCnI %%aS SCIA'Cd Un the Ii0II0% ing individUnl via hand dcliNVA' Ruby Weeks, Esquire Ten West Iligh Street Carlisle, PA 17013 i Thomas S. Dichl, list'. I:XIIIBIT A wa jE2r:?4e Record Monday April 1, 2002 Woman charge in altercation An area woman was charg after an altercation Sunday. Carlisle police say arou 1 10:25 p.m. they responded to reported domestic dispute th involved a knife in the 2 block of Avon Drive. Police reports state that Su Ann Diffenbaugh alleged] came at Brian K. Hippenste with a knife during an iirgu ment. Police say after Diffen6aug was arrested, they had to us "substantial force" to get her i a car, inside the car, out of the car at the courthouse and then into the courhouse. She was charged with simple assault, harassment and resisting arrest and taken to Cumbe l d County Prison on $1,000 bail, where she remained this room- ing. Carlisle police say around. 9:30 a.m. Sunday Rebec'ea Beardmore. 50. discovered the front bumper was stolen from her red 1992 Volkswagen Jena. Police say the car was parked on the 500 block of West North Street overnight when the theft occurred. The bumper is black and worth about 5200. polio: say. Window broken Carlisle police are investigat- ing a case of criminal mixhiet that occurred sometime between 6 p.m. Thursday and 3 a.m. Fri. Jay. Police say someone broke one of three, glass panes on the front dour of a home in the tint block of South Hanover Street causuq ahout $500 in damage. Police are asking anvone with information regarding the incl. dent to call 243-5252. Youth cited Carlisle police cited a 15-year. old n1:de with criminal mischief ur ?Ii n•h `i1 in ?illr!h!dl?. ]around 5 p.m. March 13 the boys damaged the vinyl siding on the home of Alan Boyer of Newville and shattered the windshield on an RV motor home belonging to Douglas Baker also of Newville. They were charged with crim. inal mischief and will be paying fines and damages, police say. Park rules prohibit BB guns within the park grounds. Mailbox shot State police at Carlisle are asking for information about an alleged case of vandalism in Penn Township. Police say between I1 p.m. Friday and .6 a.m. Saturday, sbmeone shot Michael C. Valek's mailbox in the 200 block of Farm Road with a shot. gun. Anyone with information is asked to call 249-2121. Woman assaulted, husband tailed A resident of Safe Harbour on West High Street in Carlisle was treated and released from Carlisle Regional Medical Cen. ter after an alleged incident of domestic violence. Carlisle police say Tammy Prin. 30, was assaulted by her husband. Marshall Pritt. Samr. day at aboto 9:30 p.m. They sav he allegedly forced his way into her apartment. Marshall Prin was also treated and released from the hospital. He was in Cumberland Coun- tv Prison this morning on .110.000 bail and a parole detainer. Tire squealing leads to citation An Ickesbure mail was cited for disorderly conduct Wednes- day after squealing his vehicle tires in the 200 block of South Pitt Street in Carlisle at about 6:45 p.m. Wedncsdav. Carlisle police av Waylon Deatriek. 30, wa, af,o plaving moos. Inmil? and Wednesday, the suspect stole the container from behind the garage owned by Timothy Snyder. 37, who lives along Route 233, north of Lightner Road. Car taken from parking lot State police at Carlisle say someone stole a vehicle from the Ailenberry Playhouse park. ing lot in Monroe Township sometime between March 22 and March 24. Police say the vehicle with registration YVH-1192 from Virginia belonged to Joseph Ozefovich, 63, of Vienna, Va. Girl reports chat room incident A 12-year-old girl and her parents from West Pennsboro Township reported that someone was making sexually explicit remarks on an America Online chat room. State police at Carlisle iav the girl and her parents allege that on March 23 an unknown per- son asked the girl inappropriate questions and asked her to send nude pictures to an address in Califomia. Police ;av they are imestieat- ine the incident. Humane society break-in tried Someone alle^_edl, ;mashed out the 1suldowi m gain entrv into the Humane Societv of the Hurri,hurg Area in the 700 block it Eppley Road. Monroe Tow nship..ot March _4. State police at Carlisle iav .around 4:I.m. onlcone inlaehed out the window and gut cut on the gla,,. Blood Croft] the ius- peet was found .u the scene. Police sa} nothing appeared to he nu,sulg front the holding. Hit-run probed -State police in Carlisle are ving the wrong way on a one. way street, for underage drink= ing early Thursday morning. Police stopped Adam C. Tor. rent, 19, and Ede] B. Pagan- Santiago. 19, in a car on the fast block of South Bedford Street. In addition to the underage cita- tion, police say they also plan to cite Torrent with a one-way street violation and driving under a suspended license. Both were released to a friend. Car flees crash: One car fled the scene of a• two-vehicle accident Wednes- day night on the 300 block of East High Street in Carlisle, police say. At a traffic light, a red carts;, pulled in front of a 1992 Saab' driven by Robert P. Venditti, 46, police say. The occupants of the red car stopped in a parking lot. and examined their car, which was dragging its bumper, then turned onto York Road and kept going. The accident caused damage to a left front panel of the Saab. Car scratched Someone scratched the hood of a car parked at a business on Route I I in Watts Township, Perrv County overnight Satur. day or Sunday, state police sav. The car. a Dodge Intrepid, Felon-, to Heather Flare. 23, of Dunc:umon. Driver hits cow A nnnortit aruck a cow cross. ing Route 850 Thursday night in `orthea;t Madison Township. Parr;: County. file .Iri,,Qr. Roger Blumen- ,chem of Lin Mlle. was not injured -,if( hi,- %ehicle had to be lowed Ir.,in the icelle. The cow ,urn n. ed..late police say. Mailbox broken State police ia% a pickup truck hit a nladbuy and fled the scene on Route 34 in Carroll Town. ,11111• P-ny C,Illlll%. The fill-,md•run accident hap. EXHIBIT It # 0.1-003326 r, COMPLAINT REPORT Page No. _ 11/15/2001 COMPLAINT NUMBER -> 01-003326 Received by: DENNIS STUM Date/Time received: 10/23/2001 s 20:06 How received: RADIO DISPATCH Time dispatched: 20:06 Time arrived: 20:11 Time cleared: 20:30 COMPLAINANT -> JONAS DIFFENBAUGH Address: 7 LONGSTREET DR City: CARLISLE State: PA Zip: 17013 TYPE OF COMPLAINT -> DOMESTIC Phone: (717) 249-4767 Nature of DOMESTIC/CUSTODY DISPUTE BETWEEN JONAS & SUE ANN DIFFENBAUGH complaint SUE ANN WAS THERE TO PICK UP THE CHILDREN, JONAS DID NOT WANT TO GIVE BECAUSE SHE WAS INTOXICATED, SUE ANN GOA, SPOKE TO HER IN CARLISLE,HAD BEEN DRINKING,CHARGE SUE ANN W/HARASS How handled: Officer visit Location code: ZONE3 Location dispatched: 7 LONGSTREET DR Officer dispatched: DENNIS STUM Officers assisting: 1) GARY CARVER TIME ANALYSIS Queue time <time received to dispatched> = 0 minutes Travel time <time disoatched to arrived> = 5 minutes Response time <time received to arrived> = 5 minutes Ac tion time <t_ e arrived to cleared> = 19 mi^::tes RECEIVED # 01-003326 INCIDENT REPORT Page No. _ 11/15/2001 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE Date occurred: 10/23/2001 to 10/23/2001 Date reported: 10/23/200- S Time occurred: 20:06 to 20:06 Time reported: 20:06 T Jurisdiction: 21208 A Arrest (NON-TRAFFIC) : DENNIS STUM T Reviewed bv• JEFFREY RUDOLPH Date reviewed: 11/01/200-- U S Cleared by: Summons Date cleared: 11/01/200_ Case status: Closed Date closed: 11/01/200= Offense code: CC2709A1...HARASSMENT O Nature of offense: BIT VICTIM ON BACK F F Circumstance: Completed Location: 7 LONGSTREET DR E Unfounded? NO Date, Location code: ZONE 3 N Bias motivation: None (No bias) Location type: Residence or home S E Alcohol consumed? YES Drug/Narcotic? NO Premises entered: Computer equipment used? NO Forced entry? Abandoned? SUANN DIFFENBAUGH DOB: 07/08/1966 Age at incident: 35 S 44 W RIDGE ST Sex: F Race: WHI Ethnicity: NONH U CARLISLE, PA 17013 Height: 1 11 Weight: lbs. S (717) 258-1739 SSN: 210-60-0504 P E Interviewed? YES Statement taken? YES Hair color: C Eye color: T Citations issued? 1 Build: Warrants issued? NO Complexion: SUANN DIFFENBAUGH OTN: Date of arrest: 11/01/2001 9 Informed of charge? YES A Arrest type: Summoned/cited Advised of rights? NO R Location: 7 LONGSTREET DR NCIC check? NO R Location code: ZONE 3 Resident? YES S Condition prisoner: Intoxicated Other _ncident(s) cleared? NO Arrest disposition: Daze c' disposition: i i Arrest (?70N-lR?rrl ) DE.I?ITS SlJM CHAS DIFFENBAUGH DOES: 05/05/1971 Ace at incident: 7 LONGSTREET DR Sex: NI Race: WHI NcN _ C-,R_ISLR 71 SSN: _ 717) 2---:767 _..terr_ealec? YES Statement taken? YES Res--den:.? 11 elated offenses: ('...'-.2709AI c-a--lons^'-o :O S'ZAI N LLrcG?i?r.uGa: Spouse # 01-003326 INCIDENT REPORT Page No. 2 11 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE /15/2001 P BRIAN KEITH HIPPENSTEEL Association: Other 0 44 W. RIDGE STREET DOB: 03/10/1964 Age at incident: 37 R CARLISLE, PA 17013 Sex: M Race: WHI Ethnicity: NONH S (717) 258-1739 SSN: 0 - - N Interviewed? YES Statement taken? YES V Registration: PA->AKE6255... 95 CHEV COBRA BLU E Owner: CATHY M.S. HIPPENSTEEL & Co-owner: BRIAN KEITH HIPPENSTEEL H 44 W. RIDGE ST. I CARLISLE, PA 17013 C L Type of property: None Disposition: E Category: Automobile value vehicle: $0 Related offenses: Sequence: 01 INCIDENT SUPPLEMENTAI REPORT Page No. 401-003326 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE 11/15/2001 Reported by: DENN:S STU'M Date reported: 11/01/2001 Reviewed by: Date reviewed: ON OCTOBER 23 , 2001 AT 3:05PM I RECEIVED A CALL FROM CUMBERLAND COUNTY CONTROL TO RESPOND TO AN ACTIVE DOMESTIC AT 7 LONGSTREET DR. CONTROL ADVISED THAT THE DOMESTIC INVOLVED A CUSTODY DISPUTE. WHILE ENROUTE, CONTROL ADVISED THAT THE FEMALE HALF OF THE DISPUTE HAD LEFT WITH THE CHILDREN IN A BURGANDY COLORED CHEVROLET SUBURBAN. THE VEHICLE WAS LAST SEEN EAST ON WERTZ RUN RD TOWARDS SPRING RD. UPON ARRIVAL, I SPOKE WITH JONAS DIFFENBAUGH. MR DIFFENBAUGH STATED THAT HE AND HIS WIFE ARE SEPARATED. THEY HAVE A TEMPORARY CUSTODY ORDER WHICH STATES THAT HIS WIFE, SUANN DIFFENBAUGH WAS NOT HAVE CUSTODY OF THE CHILDREN WHEN SHE IS _INTOXICATED. SHE SHOWED UP TO PICK UP THE CHILDREN IN A VISIBLY INTOXICATED CONDITION. HE DID NOT WANT TO TURN OVER THEIR TWO CHILDREN. AN ARGUEMENT STARTED AND SUANN STATED THAT SHE WOULD STAY THERE AND VISIT WITH THE CHILDREN. SHE THEN PICKED THEM UP TO CARRY THEM OUT. HE FOLLOWED HER OUT, ATTEMPTING TO STOP HER. WHILE HE WAS STANDING AT THE BACK DOOR TO THE VEHICLE, SHE PUSHED HIM OUT AND BIT HIM ON THE BACK OF HIS RIGHT SHOULDER. MR DIFFENBAUGH SHOWED ME A BRUISE ON HIS SHOULDER THAT APPEARED TO BE A BITE MARK. I PHOTOGRAPHED THE BRUISE. MR DIFFENBAUGH STATED THAT HIS WIFE WAS CURRENTLY STAYING IN THE FIRST BLOCK OF WEST RIDGE ST IN CARLISLE BUT HE DID NOT KNOW THE HOUSE NUMBER. AFTER LEAVING 7 LONGSTREET DR I WENT TO THE FIRST BLOCK OF WEST RIDGE ST WHERE I OBSERVED A SURGANDY CHEVROLET SUBURBAN BEARING PENNSYLVANIA REGISTRATION AKE6255. UPON CHECKING THROUGH CONTROL, I LEARNED THAT THE VEHICLE BELONGED TO BRIAN H70PENSTEEL, 44 WEST RIDGE ST, CARLISLE PA. I WENT TO 44 WEST RIDGE ST AND RANG THE BELL. THE DOOR WAS ANSWERED BY MR I?PENSTEEL. I ASKED IF SUANN DIFFENBAUGH WAS THERE. HE STATED YES, THAT SHE WAS UPSTAIRS PUTTING THE CHILDREN DOWN TO BED. HE WENT UP STAIRS AND RETURNED. HE STATED THAT SHE WOULD BE DOWN IN A FEW MINUTES. SHORTLY THEREAFTER, SUANN CAME DOWN AND IMMEDIATELY ORDERED ME TO LEAVE. SHE STATED THAT IF I DID NOT HAVE A WARRANT, THAT I WAS TO GET OUT. : EX?LAINED THAT MR HI?PENSTEEL LEFHiM= IN AND THAT I=.D RECEIVED A COMPLAINT ?LA -I_ jDJ. W. T FROM HER HUS3. N SPEAKING WITH HER, I NOTICED THAT SHE APPEARED VISIBLY ?+_OX7CATED. THERE WAS A STRONG ODOR OF P.N?1 ALCOHOLIC BEVERAGE ABOUT HER PERSON. HER EYES WERE GLASSY AND SHE ',-PS VERY EMOTIONAL PVD UNCCNTROLLLL. SHE :'Z..-M LED A30UT U,;? 3LAIEO ISSUES. AFTER SHE CALMED DOWNN, : EX? AiAiED A3CGT THE COM?LA_rAi7 HAD RECEIVED FROM .:ER HUS3,=VD. SHE DENIED THAT SHE 3I7 STATED THAT HE PUSHED HER OUT THE DOOR AND OFF THE r STEPS. I PROVIDED 30TH MRS DIFFFEN3AUGH A.ND HI??ENSTEEL W7-.U STATEMENT FORMS. _ ASKED THEN! TO COMPLETE THEM PJiD ADV7IS L- - WOULD BE BACK _ac NEXT E`iENI?iG _„ ?:CK _..Eb! ;,°?. - .r.? FOLLOWI:JiG E"iE?il?iGy: RETUR^ic_ TO T _DGH A_?1 E?:`iELCPE WiITH MY `i:?!E W1.2.o" Obi 7' FRONT GGGR. :N 7E ENVELOPE 71ERE T..EIR STATEME?ITS. 7N; SU JiD''- STATEPL:iT, SHE :VO'rl ADhIITTED TO BITIDIG^HER HUSBAND IDi SELF DEFENSE. ON OCTOBER 29, 2001 I PICKED UP A COPT OF THE 511 CALL MADE BY JONAS DIFFENSAUGH ON THE NIGHT OF THE I^ICIDENT.. UPON LISTENING TO THE TAPE L HEARD MR DIFFENBAUGH EXPLAINING TO THE DISPATCHER WHAT WAS OCCURRING. DURING HIS CALL, I COULD HEAR HIM North Middleton TownshiD Sequence: 01 INCIDENT SUPPLEMENTAL REPORT Page No. 2 #01-003326 DOMESTIC/CHILD CUSTODY DISPUTE, HARASSMENT CHARGE 11/15/2001 SHOUT OUT IN PAIN AND SAY WHY DID YOU SITE ME. SUANN DIFFENBAUGH WILL BE CHARGED WITH HARASSMENT. 3A V . / E.NlII MT C MAR ,UI ll? JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, IN CUSTODY Defendant ORDER OF COURT AND NOW, this )X day of osC 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., bom September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the patties shall have shared physical custody of the children on the following schedule: A. On March 8, 2001. Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25,'_001 at 5:00 p.m. B. Mother shall have custody of the children beginning March 25. 2001 for one week and thereafter the parents shall have custody of the children on a week on/week off basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have overnight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and Thursday. RECEIVED D. On Easter Sunday, the pane receiving custody shall be entitled to pick up the children at 2:00 p.m. E. -(other shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 P.M. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, fiuther, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at Parent%Vorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for lon_eer than three hours during their period of custody, the custodial oarent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the panies are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may co ntact the Conciliator to schedule an additional Custody Conciliation ConFerence. 13. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terns of this Order shall control. cc: Tbomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother In T::. ?a. and t ses:.. . pr onotary JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant PRIOR JUDGE: None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA 1999-6886 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to an interim Order in the form attached pending a custody evaluation. S-8'-or Date acqu Hne M. ?'emey. Esquire Custody Conciliator t{ '1 a FXII1131I 1) FEB 0 5 2002 JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAIND COUNTY, PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IY CUSTODY Defendant ORDER OF COURT 4ND NOW, this 6 1?'_ day of_1,' 4 ., 2002, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in frill force and effect except as modified and supplemented hereinafter. 2. Effective February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m. to 9:00 p.m. Nfother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered Years and Block B in even numbered years. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. FEB 0 8 2002 7. Easter Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p.m. which will replace the normal transfer of Monday at 5:00 p.m. 8. The parties shall alternate the following holidays, 9:00 a.m. to 9:00 p.m.: New Year's Day, Memorial Day, July 4ei, and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered 9ears and July 4'h and Labor Day in odd numbered years, while Mother shall have July 4 and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12, 2001 is hereby vacated as of the date of the Conciliation conference, February 5, 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. 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, Wes a. 0ler, r. J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 1999-6886 CIVIL ACTION - LAW IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on Father's Contempt Petition on February 5, 2002. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. , - 5 -o2- Date cq ine 'I. Veey, Esquire ustodv Conciliatmor >- r' ?-- ?E. r : '' _ ' F` u - ? ??? _ , ', ` "?ti . , ? ?,? ?? L ?? ? I l : i r? l.. _ .? : J J ?. ? CJ JONAS A. DIFFENEAUGH Plaintiff VS. SU ANN DIFFENBAUGH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY 99-6886 CIVIL TERM ORDER OF COURT NOW, this day of 2002, upon consideration of the within Petition for Contempt, a Rule is issued upon Respondent to show cause why the relief requested should not be granted. RULE returnable at a hearing set for the day of 2002, in Court Room No. of the Court I-louse at Carlisle, Pennsylvania, at O'clock .m. COUNSEL for the parties are directed to appear for a conference with the undersigned in chambers on Day of By tlrc Court, 2002 at o'clock _.m. J. cc Ruby D,. Weeks, Esquire for the mother Thomas Dichl, Esquire, for the father JONAS A. DIFFENBAUGH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Va. CIVIL ACTION - LAW CUSTODY SU ANN DIFFENBAUGH Defendant 99-6886 CIVIL TERM PE•rrrim FOR CONTEMPT NOW COMES, Su Ann Diffcnbaugh, Defendant-Petitioner, by and through het-counsel, Ruby D. Weeks, Esquire and petitions this I lonorable Court as follows: I. Petitioner is Su Ann Diffcnbaugh, defendant in the above- captioned divorce action who resides at 216 Avon Drive, Carlisle, Pa. 17013. 2. Respondent is Jonas A. Diffcnbaugh, Plaintiff in the above-captioned divorce action, who resides at 7 Longstreet Drive, Carlisle, Pa. 17013. 3. The parties are the natural parents of the children Jonas A. Diffcnbaugh, Jr. Etc 4. Pursuant to the Custody Order of March 12, 2001, modified by Order of Court dated February 6, 2002, which are attached hereto and made a part hereof and is incorporated by reference as Exhibit "A", each parent's period of custody is set forth. 5. The father was to return the children on Tuesday, April 2, 2002, to tile illolljcr from his period of partial custody, and failed to do so. He has further indicated he will not return the children to the mother's care and custody. 6. The father will allege that there was an altercation between the mother and her fiancee Brian Hippenstcel which occurred on Sunday, March 31, 2002, as the reason for his refusal to return the children. The mothcr admits that such incident occurred, but the children were not present. The mother, who had been r discharged from prior alcohol treatment, is now buck in treatment as a result of the incident on Sunday. No charges will be forthcoming font the incident, which stemmed from the father telling the mother he was moving to Harrisburg with the children, causing her great stress and emotional turmoil. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon Respondent to show cause why he should not be 11011id in contempt for his failure to follow the Custody Orders currently in effect until such time as this Court hears his petition for Modification. By: Ruby D. Weeks, Esquire Attorney for Defendant/Petitioner ID # 23901 10 West High Street Carlisle, 13A 17013 (717)243-1294 cc Su Ann Diffenbaugh Thomas Dichl, Esq. for the father JONAS A. DIFFENHAUGH Plaintiff VS. SU ANN DIFFENBAUGH Defendant Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODY 99-6886 CIVIL TERM CERTIFICATE OF SERVICE. Thomas S. Dichl, Esquire I Nest lligh Street, Suite 208 P.0.13ox 1290 Carlisle, PA 17013 Ruby D. Weeks; Esquire 10 Nest 1-1 igh Street Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA eH COUNTY OF CUMBERLAND Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Contempt are true and correct. Sworn to and subscr'bed to before me this y? day of 1? ?N 200.1 ( 1 Clutr' N 1 Notary Public it ASuAnn Dif NOT e ? 0 8ao, C Mr ?v+yon n mMrvl ?_JUnY i I RECEIVED F,.,, 0 0 FEB 0 5 '1.0.1J21? 2002 JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IN CUSTODY Defendant ORDER. OF COURT AND NOW, this C ` day of1 , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in full force and effect except as modified and supplemented hereinafter. 2. Effective February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m. to 9:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 7. Easter Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p,m. which will replace the normal transfer of Monday at 5:00 P.M. 8. The parties shall alternate the following holidays, 9:00 a.m. to 9:00 p.m.: New Year's Day, Memorial Day, July 41h, and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered ears and July 41h and Labor Day in odd numbered years, while Mother shall have July 4" and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12, 2001 is hereby vacated as of the date of the Conciliation conference, February 5, 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. 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, o? (91?.- ?ti i iL?cJ ? J sley Oler Jr. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother s?_t ^ JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on Father's Contempt Petition on February 5, 2002. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. Date cqi ine M. Verney, Esquire ustody Conciliator n, LIAR 0 820010 JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGII, IN CUSTODY Defendant ORDER OF COURT AND NOW, this 1A day of f _ 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., born September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8, 2001, Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25, 2001 at 5:00 p.m. B. Mother shall have custody of the children beginning March 25, 2001 for one week and thereafter the parents shall have custody of the children on a week ontweek off basis from Sunday at 5:00 p,m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have overnight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and Thursday. D. On Easter Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 p.m. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep the other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the children, as is appropriate considering the ages of the children, during the periods when the children are not in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties are not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 13. The parties may modify the provisions of this Order by mutual consent. In the absence. of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother COP'( FRON" .1 1 . _ _I I h u.; In ''" n'onyv'h zi Carlini ?a. J th! szal of sa-;' Co• rt ` l? [a, l JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA r V. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IN CUSTODY Defendant PRIOR JUDGE: None 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. The parties agreed to an interim Order in the form attached pending a custody evaluation. 9 - 9-0 1 Date )ic!qu&nc M. Verney, Esquire Custody Conciliator a? 100 i r `.I r ?> n_; 1 ?-- ? _Z 4 `_ `, ') I ,. .a• .. MAY 0 7 ?illl JONAS A. DIFFENBAUGH, : IN'rllE COUR'r OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V :CIVIL ACTION -LAW SU ANN DIFFENI3AUGH, :NO. 1999-6886 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 6 ?L day of Vy(> 2002, upon consideration of the attached Custody Conciliation Rcpo 1, it is ordered and directed as follows: I . A Hearing is scheduled in Court Room No. One , of the Cumberland County Court House, on the 14th day of August. 2002, at 9:30 o'clock. A. M., at which time testimony will be taken. For purposes of this Hearing. the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of tile anticipated testimony of each witness. lltese Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Orders of February 6 and April 4, 2002 shall remain in till force and effect, except that the requirement that a relative of Mother shall supervise Mother's weekly custody shall be eliminated once Mother has provided the following confirmation: completed her treatment program at Roxbury as evidenced by a letter from Mother's current counselor, obtained an AA sponsor and is attending AA meetings regularly as evidenced by a letter from her sponsor, and is compliant with all other Roxbury discharge recommendations. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent. the terms of this Order shall control. cc: Thomas S. Diehl, Esquire, counsel for Fatlier Ruby D. Weeks. Esquire. counsel for Mother BY THE COURT c _..:ly 02 hUl?? -7 r) 2 ?a... jl;71N? I- f N JONAS A. DIFFENBAUGII, : IN TilE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION -LAW SU ANN DIFFENBAUGH, : NO. 1999-6886 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE:.1. Wesley Oler,,Ir.,,l. 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 Jonas A. Diffenbaugh September 21, 1994 shared Julia Ann Diffenbaugh November 5, 1996 shared 2. A Conciliation Conference was held May 7.2002 with the following individuals in attendance: file Father, Jonas A. Diffenbaugh, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Su Ann Diffenbaugh, with her counsel. Ruby D. Weeks, Esquire. 3. The Court previously entered an Order on February 6, 2002 that provided for shared legal and physical custody. In response to a Petition for Special Relief, the Court modified the February 6, 2002 Order to require a relative to supervise Mother's weekly custody. 4. Presently before the Court is Father's Petition for Modification and Mother's Petition for Contempt. Mother withdrew her petition for Contempt at the Conciliation Conference. Father seeks primary physical custody of the children, seeking to relocate to Harrisburg. 5. Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children. All of Father's relatives are in the Harrisburg area and Father's employment is in Harrisburg. Father has grave concerns about Mother's ability to parent the children on a shared custody basis. lie maintains that - Mother has a history of alcohol abuse. Mother, as recently as March 30. 2002, was arrested for assault on her live-in boyfriend and resisting arrest, all alcohol related. While boyfriend has dropped the assault charges, a disposition of the resisting arrest charge is still pending. A prior custody evaluation by Dr. Arnold Shienvold endorsed a shared physical custody arrangement contingent upon Mother remaining alcohol free. Father maintains that the supervised periods by one of Mother's relatives is still needed due to Mother's alcohol problems. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody on it week on/week off basis. She is opposed to Father removing the children from their current schools. Mother's relatives are in the Carlisle area; the children's schools, friends and doctors are all in the Carlisle area. Mother has returned to drug and alcohol counseling at Roxbury and agrees to finish the program and follow any discharge recommendations to remain alcohol free. She requests that the requirement for supervision be eliminated. 7. 'rhe Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the present Orders of shared legal and physical custody with supervision until Mother completes her Roxbury program, at which time the supervision will cease. It is expected that the Hearing will require one day. Date at1t( ine M. Verney, Esquire 41 Custody Conciliator JONAS A. DIPPENBAUGH, Plaintiff V. SU ANN DIPFENBAUGH, Defendant IN THE COURT OP COMMON PLEAS OI' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 99-6886 CIVIL TERM ORDER OF COURT AND NOW, this 19°i day of .IUne, 2002, upon consideration of Defendant's Petition for Emergency Custody Relief, a hearing is scheduled for Thursday..iuly. 18, 2002, at 11:00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. 13Y THE COURT. Thomas Diehl, Esq. Attorney for Plaintiff Ruby D. Weeks, Esq. Attorney 1'or Defendant i T esley Oler,-, '., I. :rc ??,? ., ,iy ??•? i,?.i ii r .. ?.: r.., JI A JONAS A. DIFFENBAUGH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Va. CIVIL ACTION - LAW CUSTODY SU ANN DIFFENBAUGH Defendant 99-6886 CIVIL TERM ORDER OF COURT AND NOW, this day of June, 2002, upon consideration of the attached Petition for Emergency Relief, it is hereby directed that the respondent cease taking the children to a Harrisburg child care provider, which is placing an unnecessary emotional and financial burden on the Mother and to allow the mother to provide child care for the children. All remaining provisions of the parties prior Custody Order of May 8, 2002 not inconsistent with this Order shall remain in effect. BY THE COURT, J. cc: Ruby D. Weeks, Esquire, Attorney for mother Thomas Diehl, Esquire, Attorney for father :>13i JONAS A. DIFFENBAUGH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW CUSTODY SU ANN DIFFENBAUGH Defendant 99-6886 CIVIL TERM PETITION FOR EMERGENCY CUSTODY RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: Respondent/Plaintiff is Jonas A. Diffcnbaugh natural father and an adult suijuris, who resides at 7 Longstrect Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Petitioner/Defendant is Su Ann Diffcnbaugh natural mother and an adult sui juris, who resides at 216 Avon Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother and father are the parents of two children, Jonas A. Diffcnbaugh, Jr., born September 21, 1994; and Julie Ann Diffcnbaugh, born November 5, 1996. 4. Pursuant to the Custody Order of March 12, 2001, modified by Order of Court dated February 6, 2002, and May 8, 2002, which arc attached hereto and made a part hereof and is incorporated by reference as Exhibit "A". Paragraph I 1 of the March 12, 2001 order states, In the event that either parent is in need of babysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 5. The father has unilaterally removed the children from a Carlisle area child care provider and engaged a child care provider in the Harrisburg area to care for the children, despite the mother's objection. See letters to Father's attorney dated June 11, 2002 and May 28, 2002, attached hereto and made a part hereof and is incorporated by reference as Exhibit "B" 6. The father is requiring mother, who does not have a drivers license and has to rely on others for transportation, to pick up the children from the Harrisburg day care provider. This is putting an unnecessary emotional and financial burden on the Mother. 7. The mother is home and is willing and able to provide child care to her children during the day. The father is refusing to allow her to do this, which is in violation of the custody order of March 12, 2001, modified by Order of Court dated February 6, 2002, and May 8, 2002, which are attached hereto and made a part hereof and is incorporated by reference as Exhibit "A". 8. A copy of this petition has been sent via facsimile to the father's attorney. It is anticipated that the petition is objected. WHEREFORE, this Honorable Court is requested to direct the father to cease taking the children to a Harrisburg child care provider, which is placing an unnecessary emotional and financial burden on the Mother and to allow the mother to provide child care for the children. Respectfully submitted, Ruby D. Weeks, Esquire Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ea Personally appeared before me, A Notary Public in and for the Commonwealth and County aforesaid, the under-signed, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Special Relief are true and correct. a P"74 SOAnn Dif Sworn to and subscribed to befo a me this day of nn 20Q_. Notary Public C7 EXHIBIT "A" .z JONAS A. DIFFENBAUGII, : IN THE, COURT OF CONINION PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIV1L ACTION - LAW SU ANN DIFFENBAUGH, : NO. 1999-6856 CIVIL TERNI Defendant IN CUSTOI)1' PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-5, 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 1311ZTI-l CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh September 21, 1994 shared Julia Ann Diffenbaugh November 5, 1996 shared 2. A Conciliation Conference was held May 7, 2002 with the following individuals in attendance: The Father, Jonas A. Diffenbaugh, with his counsel, Thomas S. Diehl, Esquire, and the Mother, Su Ann Diffenbaugh, with her counsel, Ruby D. Weeks, Esquire. 3. The Court previously entered an Order on February 6, 2002 that provided for shared legal and physical custody. In response to it Petition for Special Relief, the Court modified the February 6, 2002 Order to require a relative to supervise Mother's weekly custody. 4. Presently before the Court is Father's Petition for Modification and Mother's Petition for Contempt. Mother withdrew her Petition for Contempt at the Conciliation Conference. Father seeks primary physical custody of the children, seeking to relocate to Harrisburg. 5, Father's position on custody is as follows: Father seeks shared legal and primary physical custody of the children. All of Father's relatives are in the Harrisburg area and Father's employment is in Harrisburg. Father has grave concerns about Mother's ability to parent the children on a shared custody basis. He maintains that MAY 0.7 200% JONAS A. DIFFENBAUGH, : IN THE COURT OF COAINION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V : CIVIL ACTION - LAW 'I'1:12?1 SU ANN DIFFENBAUCII, :NO. 1999-6886 CIVIL Defendant : IN CUSTODY ORDER OF COURT AND NOW,this da)'of a- 2002, upon fI consideration of the attached Custody Conciliation Leport, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. One, of the tM., at which County Court House, on the l4th day of August, _00_, at 9:30 o'clock, - time time testimony will be taken. For purposes of this Hearing, the rather shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a A4entorand um setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be tiled at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Orders of February 6 and April 4, 2002 shall remain in full force and effect, except that the requirement that a relative of Mother shall supervise Mother's weekly custody shall be eliminated once Mother has provided the following continuation: completed her treatment program at Roxbury as evidenced by a letter from Mother's current counselor, obtained an AA sponsor and is dttending AA meetings regularly as evidenced by a letter from her sponsor, and is compliant with all other Roxbury discharge recommendations. 3. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Bl' "1'rIG COURT, J. \1' sley Oler, Jr., J. cc: Tltonuts S. Diehl. Esquire, counsel for rather Ruby D. Weeks' Esquire, counsel for Mother TRUE COPY rItO -A r•{t•CORD II'trstinr)ny t':h reef, 1 here ante se, ray hand and the sca! ol said Court at Cat!islo, Pa. Cl? Ttt1:L -day 01 ?-M l 1 u?c ?' pj t,a: Prothonotary Mother has a history of alcohol abuse. Mother, as recently as March 30, 2002, was arrested for assault on her live-in boyfriend and resisting arrest, all alcohol related. While boyfriend has dropped the assault charges, a disposition of the resisting arrest charge is still pending. A prior custody evaluation by Dr. Arnold Shienvold endorsed a shared physical custody arrangement contingent upon Mother remaining alcohol free. Father Maintains that the supervised periods by one of Mother's relatives is still needed due to Mother's alcohol problems. 6. Mother's position on custody is as follows: Mother seeks shared legal custody and shared physical custody on a week on/ week off basis. She is opposed to Father removing the children from their current schools. Mother's relatives are in the Carlisle area; the children's schools, friends and doctors are all in the Carlisle area. Mother has returned to drug and alcohol counseling at Roxbury and agrees to finish the program and follow any discharge recommendations to remain alcohol free. She requests that the requirement for supervision be elinlinated. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing and continuing the present Orders of shared legal and physical custody with supervision until Mother completes her Roxbury program, at which time the supervision will cease. It is expected that the Hearing will require one clay. Date acgt(<?hne M. Vcntey, Esquire O Custody Conciliator Or .. RECEIVED E 0 0 FEB 0 5 2.00? U- 2002 JONAS A. DIFFENBAUGI-I, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGII, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this G `-- day of-lx." 2002, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Order of Court of the Honorable J. Wesley Oler, Jr., dated March 12, 2001 shall remain in full force and effect except as modified and supplemented hereinafter. 2. Effective February 11, 2002, the exchange day and time for the week on/week off shared custody arrangement shall be Monday'at 5:00 p.m. 3. During the summer when the children are not in school, the Tuesday and Thursday evening visitation shall be from 5:00 p.m. to 9:00 p.m. 4. Each parent shall be entitled to two weeks of uninterrupted custody during the summer to be exercised during their regularly scheduled alternating week. Each parent shall provide notice to the other parent of the exercise of this provision by April 30 of every year. The consequence of this provision is that the non-custodial parent will not receive the Tuesday and Thursday custodial periods for those two weeks. 5. The Thanksgiving holiday shall be divided into two Blocks. Block A shall be Thanksgiving Day, from 9:00 a.m. to 9:00 p.m. and Block B shall be the day after Thanksgiving, from 9:00 a.m. to 9:00 p.m. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve from 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. i Q• JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 1999-6886 CIVIL ACTION - LAW SU ANN DIFFENBAUGH, : IN CUSTODY Defendant PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUM117ARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Arm Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on Father's Contempt Petition on February 5, 2002. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Diehl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. . 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated March 12, 2001. 4. The parties agreed to an Order in the form attached. Date cq ine M. Vemey, Esquire 67 ustody Conciliator 7. Easter Sunday shall be split such that the non-custodial parent shall obtain physical custody of the children at 1:00 p.m. which will replace the normal transfer of Monday at 5:00 p.m. 8. The parties shall alternate the following holidays, 9:00 a.m. to 9:00 p.m.: New Year's Day, Memorial Day, July 4th, and Labor Day such that Father shall have New Year's Day and Memorial Day in even numbered ears and July 4"' and Labor Day in odd numbered years, while Mother shall have July 4" and Labor Day in even numbered years and New Year's Day and Memorial Day in odd numbered years. 9. Paragraph 6 of the Order of March 12, 2001 is hereby vacated as of the date of the Conciliation conference, February 5, 2002. 10. Father's Petition for Contempt is held in abeyance and nothing herein shall prevent Father from raising the issues alleged in his Contempt Petition. Mother acknowledges that she cohabited with her boyfriend. 11. 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, l3/a love,, 0kt, QL 3, sley Oler, Jr. J. cc: Thomas S. Diehl, Esquire - Counsel for Father Ruby D. Weeks, Esquire - Counsel for Mother ??.?''_21?-tom -• RECEIVED z i 5 2WI MAR 0 8 2001 ty) JONAS A. DIFFENBAUGII, Plaintiff V. SU ANN DIFFENBAUGII, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA NO. 1999-6836 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this '/? day of ( , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1.' The Mother Su Ann Diffenbaugh, and the Father, Jonas A. Diffenbaugh, shall have shared legal custody of Jonas A. Diffenbaugh, Jr., born September 21, 1994 and Julia Ann Diffenbaugh, bom November 5, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall submit themselves as expeditiously as possible, their minor children and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by a professional selected by the mutual consent of the parties. The parties are responsible to pay their respective share of the cost of the evaluation. 3. Pending the recommendation of the custody evaluation, the parties shall have shared physical custody of the children on the following schedule: A. On March 8, 2001, Father shall have custody of the children beginning at 5:00 p.m. and continuing until March 25, 2001 at 5:00 p.m. B. Mother shall have custody of the children beginning March 25, 2001 for one week and thereafter the parents shall have custody of the children on a week ordweek off basis from Sunday at 5:00 p.m. to Sunday at 5:00 p.m. C. During this custody schedule, the parent who does not have ovemight custody, shall have custody of the children from 5:00 p.m. to 8:00 p.m. on every Tuesday and Thursday. D. On Easier Sunday, the party receiving custody shall be entitled to pick up the children at 2:00 p.m. E. Mother shall have custody of the children on Mother's Day from 8:00 a.m. to 8:00 P.M. Father shall have custody of the children on Father's Day from 8:00 a.m. to 8:00 p.m. 4. The receiving party shall be responsible for transportation. 5. During their periods of custody, the parties shall not consume alcohol to the point of intoxication. 6. The parties shall not permit their respective companions of the opposite sex to spend overnight in the same residence as the children. 7. The parties shall keep each other advised immediately relative to any emergencies, medical or othenvise, concerning the children and shall, further, take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of the children. The parties shall also keep tite other parent advised as to social activities scheduled for the children and coordinate those activities so that the children may attend them. 8. The parties shall be entitled to reasonable telephone contact with the the children, as children is are not appropriate considering the ages of the children, during the periods when in the custody of that party. 9. Neither party shall do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or may hamper the free and natural development of the children's love or affection for the other party. 10. Both parties shall be responsible for scheduling and attending a session for separating and divorcing parents at ParentWorks as soon as practicable. 11. In the event that either parent is in need ofbabysitting services for longer than three hours during their period of custody, the custodial parent shall contact the other parent with the opportunity to provide care for the children before arranging for a third party to baby sit. 12. Upon completion of the custody evaluation and receipt of the evaluator's recommendations, in the event the parties arc not at that time able to reach an agreement on all of the outstanding custody issues, counsel for either party may contact the Conciliator to schedule an additional Custody Conciliation Conference. 13. 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, psi . ' J. cc: Thomas S. Diehl, Esquire - Counsel for Pathcr Ruby D. Weeks, Esquire - Counsel for Mother COP( . fo T 'ir p y w .... t Carlisiz, pa• c n slid rc t a ?.3.. ?p ,i.......... TZwj ll p othonotarY. JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant PRIORJUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA : 1999-6886 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Mother Julia Ann Diffenbaugh November 5, 1996 Mother 2. A Conciliation Conference was held in this matter on March 7, 2001. Father, Jonas A. Diffenbaugh, was present with counsel, Thomas S. Dichl, Esquire, and Mother, Su Ann Diffenbaugh, was present with counsel, Ruby D. Weeks, Esquire. 3. . The parties agreed to an interim Order in the form attached pending a custody evaluation. Date acqu line K Verney, Esquire Custody Conciliator EXHIBIT "B" F -1- ?ttgy 1?. (lNds ATTORNEY AT LAW TELEPHONE 717-243.1294 TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013.2955 June 11, 2002 Thomns S. Diciil, Esquire 1 West High Street, Suite 20S Carlisle, PA 17013 Re: Diffcnbaugh v. Diffenbaugh Dear Toni: As you know, Airs. Diffcnbaugh informed me that the children told her that the father intended to begin taking them to a Harrisburg day care center during his periods of partial custody and that he expects tiie mother to pick them up there. Last night he gave her directions as to how to get there, but gave her no name, phone number, or other information about this center. Mrs. Diffenbaugh has no drivers license and it will be a great hardship for her to find a relative who can transport her for custody purposes that far. As I previously indicated to you she will not agree for the father to use a Harrisburg day care center as long as he is living in the Carlisle area. Please be advised that under the terms of the present custody order of February G, 2002, March 12, 2001 (especially paragraph 11), lie is in violation of this order. My client does not wish to undergo the expense of filing yet another custody contempt motion, but will do so if the father persists in this unilateral decision. The mother is more than willing to provide care for the children during the summer while the father works. This would result in a financial saving to both of them as well. I ani reluctant to attribute your client's anger toward the mother to you, but your failure to respond to issues and concerns I raise, in particular conceming the appraisals necessary to move this divorce action forward, leads me to believe that both you and your client are only interested in keeping the fires of anger fueled and not in resolving this matter so everyone can get on with their lives. Please provide tile the dates )'our client will be available for appraisals as requested over the past two months. I look forward to hearing from you. Sincerely, Ruby D. Weeks, Esquire rd%v/c cc SuAnn Diffenbaugh ?ttgy -2). %Js ATTORNEY AT LAW TELEPHONE 717243.1294 TEN WEST HIGH STREET Thomas S. Diehl, Esquire I Nest High Street, Suite 208 Carlisle, PA 17013 Re: Diffenbaugh v. Diffenbaugh Dear Tom: CARLISLE, PENNSYLVANIA 17013.2955 May 28, 2002 As I had previously indicated to you in my letter of April 3, 2002, my client advises me that she continues to withdraw her prior proposal for property division in the divorce. She has instructed me to have the marital residence and the personal property, as well as any pensions, 401(k)'s, etc. appraised so that this matter can proceed before the Master since your client apparently has no intent to sign the property settlement agreement or to consent to the divorce as proposed to him long ago. I propose to have Rowe's appraise the personal property at the marital residence and to have Lary Foote appraise the marital real estate. My client will pay for one-half of the appraisals and your client must pay the other half. Please provide me several dates when the appraisals could occur; Mrs. Diffenbaugh can be available, with advance notice, any day over the next week and a half. She will be present for the appraisal of personal property. I understand that the real estate has been listed for sale and that Mr. Diffenbaugh will continue to live there until the sale. 1 ant, for the second time, requesting from you within the next two weeks copies of the Husband's life insurance policy face sheet indicating company, policy number, named insured and beneficiaries, copies of the joint checking account and husband's savings account at Commerce Bank from three months prior to the separation in February 2001 to the present, as well as copies of any quarterly employee benefit statements (including retirement, 401(k), stock options, etc.) which the husband may have through his employment for the ),cars 1998, 1999, 2000, 2001, and any to the present date. A4rs. Diffenbaugh is in the process of gathering such information for her former employer, Sprint. She has no life insurance. I will fonvard copies to you when I receive them. She has instructed me to file for the appointment of a master as soon as the above discovery is complete. I look forward to yours and }'our client's cooperation in providing this information promptly. i- Thomas S. Diehl, Esquire Page Two May 2S, 2002 In addition, Mrs. Diffenbaugh informed me that the children told her that the father intended to begin taking them to a Harrisburg day care center during his periods of partial custody and that he expects the mother to pick them up there. Mrs. Diffenbaugh has no drivers license and it will be a great hardship for her to find a relative who can transport her for custody purposes that far. She will not agree for the father to use a Harrisburg day care center as long as lie is living in the Carlisle area. Please be advised that under the terms of the present custody order of February G, 2002, March 12, 2001 (especially paragraph 11). The mother is more than willing to provide care for the children during the summer while the father works. This would result in a financial saving to both of them as well. Please do what you can to encourage your client to do all he can so we can expeditiously conclude these matters and our clients can get on with their lives. Sincerely, Ruby D11ceks, Esquire RD W:c cc: Su Ann Diffenbaugh i n _ ?` ° ; _' XJ4'1?/ 11,4,4 / G}v ?y?ZLy 17n G?Gi ,Gl/LQi ? .GvlL _ ;?.6. M-Z - 4YA& L v A J 7, )V&e, /mm -&nW' E LAINTIFFS EXHIBIT 3 P .1 L'vCI:J1 ??L'PG )_Gv_(rlG?u.__?1m nO??_.?I,??lEr?n??-yC(J/ ?am J 11G' ( ?Ui r . 1G- C?7S? 1 LuCis"/ yf Gi u? ,J youl ---tov-' LL-`l-- PLAINTIFFS EXHIBIT 14 o PC V STATEMENT DOB: - f - l HOME ADDRESS:' y?l L,v W 6114 S? PHONE NUMBER: (?14) ,;t-? a LOCATION OF INCIDENT:- -2 L n n c?: 1. a vonry tnat the facts set forth in this form are true and correct to the best of my knowled e, information and belief. This verification is made subject to the penalties of Section 490 o ii f the Cn nes Code (8 PA .S.A. Sect. 4904) relating to unsworn falsification to authorities. Kea Page f of e ?. PCg DATE/I'IME OF INCIDENT:-/ G- C i h' O G Dir, Continuation of statement: STATENIENT NAME: ,N14c,, H DOB:_ .3 - 0 - 1? HOME ADDRESS:_`i 1 uoe I y2kc?.? SSN: 2 i t5 IP : ?1?. l IC%!3 C111 PHONE NUMBER:(_-) 1) I verify that the facts set forth in this form are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of Section 490$ of the Crimes Code (18 P C.S.A. Se- . 4904) relating to unswom falsification to authorities. ?sYS? C? Page I of 3 Pei f?410?Tl? ??...mu,?mc?=ertcrhaw-..n...Y.-?.-.x_ ,...?.a._.__t'.•^^^ __ ?? LOCATION OF INCIDENT: .z l?? vc S/2?I Continuation of statement: aI iv PACE 0 or a t Ric LCEIVLEa SEP 1 7 2001 hlct • Shicnvuld & Assoc'iate's Custody Evaluation Jonas a. Diffenbaugh v. SuAnn Diffenbaugh DEFENDANT'S EXHIBIT L ' Referred By: Mutual agreement of the parties Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial arrangements for Jonas Adrian Diffenbaugh, DOB 9/21/94 and Julia Ann Diffenbaugh, DOB 11/5/96 Individual Interviews: SuAnn Diffenbaugh Jonas Diffenbaugh Brian Hippensteel Jonas Diffenbaugh, Jr, Julia Diffenbaugh 4/26/01, 5/30/01, 6/4/01 5/3/01, 6/11/01, 6/20/01 8/8/01 6/27/01, 7/6/01 6/27/01, 7/6/01 Psychological Testing: Minnesota Multiphasic Personality Inventory-2 (MMPI-2) *SuAnn Diffenbaugh *Jonas Diffenbaugh *Brian Hippensteel Parent/Child Interaction: Each parent was observed interacting with the children in the office setting Home Study: Each parent's residence was evaluated for safety concerns and each parent was observed interacting with the children in that environment Additional Information: 1. Order Of Court dated March 12, 2001 2. Letter dated August 31, 2001 from Thomas S. Diehl to Ruby Weeks Ialiut Rieclcr.Ph.D.(1948-1999) Arnold'r. Shienvold, Ph.D. Melinda Bash, NIS James Eash, LSW Michael J. Asken, I'h.D. Bonnie (toward, 140). :Inn K. Keislinu. ACS\1'. LC'S\1', 13CD l'racv Richards. QCS\\', LCS\1' Don Lawrence, Lsw Deanne Sevnwre, QC's\\', I-sw Jetfrev Pincus. Ph.D. Ann Vercales. AC•S\1'. Lsw. BCD Lisa R. I'apunetti. \IA 2151 Lim_Icstuw'n Road. Suitc'_ull • Ilanisbure. Perms\'Ivanla 1 7110 • (717) 5-40-131 11 • Fax: (717) 540-1416 Ditlenbaugh v. Diftenbaugh Page 2 3. Letter dated June 14, 2001 from Audrey C. Aarhus, M.S.W., ACSW to To Whom It May Concern 4. Evaluation Report dated 6/13/01 from Donna L. Miller, CAC at Gaudenzia West Shore Outpatient Program, regarding SuAnn Ditlenbaugh 5. Computer generated pictures provided by Jonas Ditlenbaugh The recommendations at the conclusion of this report are based on all of these sources of information. Background: Jonas and SuAnn met in 1993. Within a month they were living together and shortly thereafter SuAnn became pregnant with Jonas. They did not marry at that time, but finally got married on May 5, 1995. At the time of the marriage, Jonas was re-enlisting in the Army. He had retired on a medical discharge due to Hodgkin Disease. However, he was cleared to re-enter and lie was sent to Germany. Jonas reported that drinking was always a problem in the relationship. He stated that within months of meeting, he and SuAnn separated after lie found her "passed-out" front drinking. He related that she was pregnant at that time and they decided to get back together. SuAnn admitted that both of them drank heavily, but she pointed out that Jonas drank "as much as I did." SuAnn went to Germany with Jonas and while there became pregnant with Julia. Interestingly, in spite of the problems, Julia's pregnancy was planned. SuAnn did not work in Germany. She reported that Jonas seemed happy with the marriage, but she was not as content. She felt that she was doing everything for the family. Jonas received another medical discharge from the Army when he was unable to pass the physical training test. The family returned to Pennsylvania in November, 1997. Jonas and SuAnn initially rented a town house, but eventually bought a home in Carlisle. Jonas worked for his father for the next three years and SuAnn returned to work for Sprint. According to Jonas, drinking remained a significant problem in the relationship. He alleged that SuAnn would frequently go out at night and come home drunk. He also alleged that she would return, at times, with strange men or women with whom she had been "partying." During the course of the marriage, SuAnn was charged with DUI's on two separate occasions. The last of these occurred in 1999. Jonas quit working for his father last year and was unemployed for a short period of time. During that time he obtained certification for working with Microsoft Systems. SuAnn Dillenbaugh v. Dill'enbaugh Page 3 I complained that although Jonas was ofl'work, he did little to help with the children. The childrer continued to attend daycare, for which SuAnn felt responsible. In 1999, SuAnn had an extra- alliair. She admitted it to Jonas and they went to counseling with Audrey Aarhus. SuAnn started taking Celexa for it briefperiod oftimc. SuAnn felt that they had "grown apart," and they were "just living in the same house." Shortly aller that time, SuAnn met Brian Hippensteel. Jonas indicated that SuAnn was "flaunting" her relationship with Brian. Jonas indicated that he chamged the locks in the house when SUAIm did not come home one night. SuAnn then left with the children and would not allow Jonas to see them unless he was supervised. That continued f'or several months until the temporary custody order was agreed upon in conciliation. Jonas is requesting that the children be placed in his primary custody. According to Jonas, SuAnn has it history ot'getting into trouble. He noted that when SuAnn was 24 years old she was arrested for conspiracy in delivering drugs. As a function of that arrest, SuAnn served 30 days in prison and was on probation for G months. She also attended three mandatory counseling sessions on drug use. As noted in the history, Jonas reported that in his opinion, SuAnn has a significant alcohol problem. She has had two DUI's. Currently, SuAnn is without a driver's licence and will not get it back for several more years. Jonas is concerned that SuAnn continues to use alcohol on a regular basis. He believes that she has drank during her custodial periods with the children. Although Jonas does not feel that the children are in physical jeopardy from their mother, he feels that the model that SuAnn sets, and the hick ofjudgement she has exhibited make the children vulnerable to emotional and psychological problems. On the other hand, Jonas believes that he can provide a stable and consistent environment for the children. Jonas uses alcohol, but he has never been charged with any alcohol related crimes or problems. I le believes that he models more responsible behavior. He also feels that his lifestyle is a better moral example for the children. Jonas resents that the children are being exposed to the relationship between SuAnn and Brian. Jonas reported that he is aware that SUAnn loves the children and that they love her. He believes that he can and will facilitate a close relationship between them. I lowever, he believes that he should be the parent most responsible for the children. SnAnn believes that the current shared custodial arrangement is difficult on the children. According to SuAnn, the children tell her that they miss her and want to be with her. They are consistently asking if they can stay with her, rather than return to their father's home. She believes that the children should, therefore, be primarily with her. SuAnn feels that Jonas is far too controlling and remains angry about the marriage. She stated, "He's all about tit for tat" Diffenbaugh v. Diffenbaugh Page 4 SuAnn indicated that she had always been responsible for the children during the marriage. While in Germany, she was not working and would stay home with the children. As noted above, SuAnn stated that even while working it was her responsibility to care for the children and the home. She reported that she has been stable in her employment throughout her life and her employer has been supportive of her. In spite of her driving limitations, she has insured that the children got to scheduled appointments and activities. SuAnn does not feel that her drinking is as bad as Jonas indicates. She admitted that it has been a problem, but she believes it is controlled. Furthermore, she feels that Jonas drank as much as she did, and actively supported her drinking habit. She reported that she had asked him to stop bringing beer into the house, but he refused. SuAnn does not believe that Jonas is as affectionate and loving with the children as she is. Analysis and Recommendations: Jonas Diffenbaugh is an almost 7 year old little boy who is currently in the I" grade at Crestview Elementary School. Jonas is described by his parents as very bright, bubbly, friendly and playful. However, he can also be temperamental, aggressive and defiant. Jonas is defensive of his sister and loving with his parents. Neither parent believes that Jonas has problems with his attention span or his activity level. Jonas exhibited no problems with academic performance in kindergarten. He did experience behavior problems secondary to his defiance and poor listening skills. There has been some improvement in his behavior more recently. He has a "temper" and got into a fight in school last year. Beyond that, he gets along with most of the other children. He is developing friendships both at home and in the school. Jonas has been in excellent health. He experiences no appetite or sleeping problems. Other than being somewhat spoiled, no other behavioral or emotional problems were noted. Jonas had no difficulty separating from either of his parents. He stated that he is 6 years old and that he goes to school in the morning. In the afternoon he stays with his maternal grandmother. Jonas likes to go to school and denied that he gets into much trouble there. Jonas reported that his parents did not live together. He noted that they always argue and don't like each other. According to Jonas, his father says mean things about his mother and he "swears." His mother will say mean things about his father. His father does not like Brian and his mother does not like Jenny. Jonas indicated that he gets into trouble at both parent's houses. He generally receives a grounding or loses a privilege when he is being punished. However, both of his parents have spanked him on occasion. Jonas did not indicate a preference for either home. He stated that he enjoys seeing both of his parents and would not like to spend more time at one of the houses. He Diffenbaugh v. Diffenbaugh Page 5 would particularly miss his mother. Jonas reported that he does not mind going back and forth between the houses. However, he admitted that on occasion he has gotten confused. Jonas reported that he is able to have fun with both of his parents. They will play games with him, lake him hiking and fishing, and watch television with him. His mother allows him to stay up a little later than his father. He takes a bath at both parent's house, but not every day. Jonas stated that his mother, father and Brian all drink beer from cans when he is with them. He did not describe any of them as being drunk. Jonas likes both Brian and Jenny, although Jenny was not as frequent a visitor as Brian. Observations of the children with their mother were varied. In the office, when Brian was also present, the children were relatively well behaved. Brian was actually more interactive with them than was SuAnn. She participated nicely, and the children were obviously comfortable with her, but her behavior was more peripheral. She tended to interact by putting herself down to the children and then they would support her. The home observation was totally different. SuAnn had little control over the children's behavior in that setting. Julia constantly yelled and Jonas tended to ignore his mother's limits. The children were comfortable with their mother, and she showed them care, but they did not feel it was necessary to follow her rules. SuAnn rarely intervened with limits or discipline. Brian was not present at that visit. Observations of the children with their father went somewhat differently. In those observations, Jonas was more involved in setting limits and staying with them. Jonas is a child who is constantly pushing the limits. Mr. Diffenbaugh would explain a rule to him, set a limit and then reinforce it. This was particularly true in the home setting. However, the children exhibited a great deal of pleasure playing games or building blocks with their father. He is more directive than SuAnn in his approach to play. The children did not exhibit fear of their father, but their behavior was more controlled when they were with him. Affection was openly expressed between Julia and her father. Jonas was not as quick to show physical closeness. Julia is 4 years old. She attends daycare at the Magic Years School and the parents plan to enroll her in the pre-kindergarten and kindergarten classes at that school. Julia is described by her parents as a "doll," "princess," or "queen." She, too, is perceived as a little "spoiled," and she likes to have things done for her. Jonas believes that her development of independent skills has been hurt by that fact. Julia is a blend of little girl and tomboy. She can be tough and physical, but also likes to "dress-up." She is perceived as pleasant, friendly, affectionate and easy going. Julia experiences no problems at the daycare. She is exhibiting average learning skills and gets along with most of the children. Julia will occasionally tantrum when she does not get her own way, but neither parent sees this behavior as being abnormal. In fact, both parents indicate that Julia's behavior is generally very good. They do not see her as experiencing any particular emotional problems. Julia's appetite is good and she sleeps without difficult. She experiences no particular fears or phobias. Diftenbaugh v. Diftenbaugh Page 6 Julia separated without difficulty from both of her parents. She presented as a sweet child with good verbal skills. Her behavior was appropriate in the interview situation, but her attention span was somewhat limited. Julia stated that her parents are "mad at each other," but site was unsure why. She denied ever hearing her father or mother say mean things about one another. Julia reported that Brian is very nice to her. She likes his son, Curtis. Both of her parents do things with her. She has to take baths and brush her teeth at both of her parent's residences. Julia presented as a normal 4 year old little girl. Site did not appear particularly anxious or depressed. It was clear that Julia did not want to say anything bad about either of her parents. She did not appear to be insecure or uncomfortable with her current situation, but she did not articulate much about her feelings. Mr. Jonas Diftenbaugh is a 30 year old man who is employed as a computer network administrator for Residential Warranty Corporation. He has been working there for approximately one year. His work hours are somewhat flexible. However, on days that he has the children he works from 8:30 A.M. to 5:00 P.M. Jonas presented for all of his appointments on time. He was generally, casually dressed and well-groomed. His mood was appropriate for the situation and he was able to maintain good eye-contact. Jonas answered questions directly and he appeared to be open in his responses. Jonas denied any significant symptoms of depression or anxiety. He noted that he had attended a counseling session with SuAnn in the past, but he has never been in individual counseling. As noted above, Jonas admitted that he drinks alcohol. He stated that earlier in his life he drank fairly heavily. He stated that he limits his drinking primarily to weekends when he will have 3 to 4 beers on Friday and Saturday. He stated that he does not drink on other days. Jonas denied any drug use and he does not smoke cigarettes. Jonas appears to have made a total recovery from Hodgkin Disease. He suffers from some residual gastro-intestinal problems and respiratory problems secondary to radiation treatment. Jonas has never been charged with a crime. He was fired from ajob as a security guard 6 years ago due to "disagreements with management." Jonas' MMPI-2 results are valid. Individuals with his profile have responded in a frank manner to the questions. Similar individuals have a balanced self-appraisal which includes appropriate self-disclosure and self-protection. These individuals show good coping resources. The profile does indicate the presence of worrying. Similar individuals may have a somewhat hysleroid approach to dealing with problems. However, this profile is common amongst individuals who have chronic medical problems. They are somewhat reserved, and prefer small groups to large social gatherings. These men are perceived as somewhat passive and disavow an interest in violence. There are no psychiatric diagnoses associated with this profile. Diffenbaugh v. Difl'enbaugh Page 7 SuAnn Diflenbaugh is 34 years old. She has worked for Sprint as a service representative on and off since graduating high school. Her work hours are Monday thru Friday from 7:30 A.M. to 4:30 P.M. SuAnn lives in a single family home outside of Carlisle. The home is in serious need of repair. SuAnn presented as a somewhat angry, anxious woman who was upset about having to participate in the evaluation. She feels that it is a waste of money to go to Court because she believes that she should just get the children. Her mood did not change throughout the evaluation process. SuAnn also missed one appointment because of car problems. SuAnn denied any significant problems with anxiety or depression. As mentioned above, she admitted that alcohol has caused some problems in her life, but she denied that she has a problem with drinking. SuAnn seemed to be in denial about that issue. She blamed many of her problems on Jonas. SuAnn gave rather weak rationalizations for her extra-marital relationships. It should be noted that records from Gaudenzia indicated that SuAnn never completed her rehabilitation program with them. The Stevens Center could not locate her records. A letter from Ms. Audrey Aarhus indicated that during the time that she was seeing SuAnn she was having an extra-marital affair, "was frequenting bars, was unable to stop drinking once she began and appeared to be suffering from clinical depression." SuAnn denied feeling depressed or anxious at this time. Although she denied these disorders, her mood seemed consistent with some anxiety and certainly with unhappiness. She appears to be a somewhat immature, impulsive woman whose judgement has, at times, been clouded. She definitely lacks insight into her drinking behavior. SUAnn's MMPI-2 results are valid. Her profile suggests a balanced approach to answering questions. It also suggests good coping resources. Similar individuals have a relaxed attitude toward responsibilities. They tend to be efficient, persistent and capable. Although dependable and reliable, these individuals have low energy levels. Similar women reject traditional roles and values and are seen as tough and uninhibited. They may be prone to immaturity and have difficulty delaying gratification. Interpersonally, these women may project an unfriendly demeanor. They generally feel self-confident and show an absence of worry. Brian Hippensteel is 37 years old. fie is currently unemployed. His wife was killed in an automobile accident and he has been able to live off of the interest of his financial settlement. He has two sons, Curtis, age 14 and Brandon, age 12. He lives in Carlisle where the children attend the Lunderton School. He indicated that both of his children are on the honor roll. Previous to the accident, Brian worked at Carlisle Syntec. SuAnn moved in with him approximately two months ago. sum W-.4 Diffenbaugh v. Diffenbaugh Page 8 Brian feels his relationship with SuAnn is excellent. lie feels that they can talk to one another and he is pleased that the children get along with one another so well. Brian indicated that he "loves all the children to death." He believes that he and SuAnn will get married eventually. Brian disciplines the children primarily by taking things away from them. He feels that SuAnn is a good mother who does things for her children. Ile reported that she has no difficulty disciplining the children. Brian reports that SuAnn has "cut back considerably" on her drinking. He stated that they use to go out a lot. Now, they simply have a "couple of beers" at home. He is not particularly worried about any dfinking related problems. Brian does not use drugs, or smoke cigarettes. He went through grief counseling with the boys after his wife's death. He has never been arrested or charged with a crime of any type. He feels that Church is very important to him. Brian's MWI-2 results are valid. His pattern of answers suggests significant denial of many common problems. This may be indicative of a lack of insight, as well as a desire to present in 9 positive light. Nonetheless, similar individuals are relatively effective in their every day functioning. They tend to be emotionally stable and relatively free of emotional problems. There are no diagnoses associated with this profile. This case presents some difficult decisions with respect to appropriate custodial arrangements. The children, especially Jonas, had some initial adjustment difficulties secondary to the separation. It appears that he has stabilized somewhat, although he continues to show signs of anger and sadness. Julia seems to have been less affected by the separation. At this point in time, the children are doing relatively well socially, physically and emotionally. Both parents have been intimately involved in the children's care. It is probably true that SuAnn had been primarily in charge of the children when they were younger. However, at least since the separation, the parents have been sharing the care. The children appear to be comfortable with both of their parents and are being exposed to the strengths of both. Brian appears to be a supportive, caring adult for the children. The children love both of their parents and desire to be with both of them. SuAnn appears to be the more nurtufing of the two parents, while Jonas appears to be the more structured. The major problem associated with this case is the use of alcohol by all of these individuals. It appears definite that SuAnn has a significant history of problematic drinking. Her two DUI's and her failure to complete any of her rehabilitation counseling are classic indicators of problematic drinking. Her history appears to be consistent with constant drug use including alcohol of some type, interspersed with periods of heavy usage. During those time periods, she experiences very serious problems. The fact that she is not experiencing those problems at this time does not preclude the fact that the problem will return. Diffenbaugh v. Diffenbaugh Page 9 Contrary to the fears of the parents, the shared arrangement appears to be working successfully for the children. Therefore, the recommendation is to continue that arrangement with one very significant contingency. It is essential that SuAnn enter an alcohol counseling program and continue with it until she is discharged by the counselor. SuAnn needs to be abstinent from alcohol. Besides the fact that it has caused significant problems for her in her life, it is also a terrible model for these children. There are significant patterns of alcoholism that go back to the families of origin for both of these parents. They need to begin immediately to discuss and model a drug free life for their children. To that extent, neither parent should partake of any alcohol while the children are in their custody. If SuAnn is unable or unwilling to participate in such a program, then primary physical custody of the children should be given to the father. If SuAnn does not complete the program, or is non-compliant with the recommendations of the counselor, than primary custody of the children should go to Jonas. The Court should maintain some evaluative process for this recommendation to insure that it is followed. Both parents could benefit from additional parent training. It is recommended that they identify parent education programs that they could attend in order to leam more effective ways of dealing with the children. Included in the process should be ways in which they can more effectively communicate with one another and resolve disputes between them. SuAnn needs to learn to be more consistent in her discipline, while Jonas needs to be willing to communicate more effectively. It cannot be stressed enough how important it is that SuAnn pursue these recommendations. She is in denial about her problems. She appears to be on the way to developing a more positive relationship with Brian. It would be terrible for her and the children if old problems min that relationship. Jonas, also needs to recognize the importance of SuAnn for the children and be supportive of their relationship and respectful of the relationship between Brian and SuAnn. 1 Q Dated Arnold T. Shienvold, Ph.D. 3?® III Riegler • Shienvold & Associates Thomas Diehl, Esquire 1 W. High St., Suite 208 P.O. Box 1290 Carlisle, PA. 17013 Ruby Weeks, Esquire 10 West High St. Carlisle, PA. 17013 Dear Attorneys: r=4* September 14, 2001 Idliot Rieder. Ph.D. (1948-1999) Arnol(I'h. Shicnvold, Ph.D. Melinda Bash, .\IS J:nnes Eash. LSR' Michael .I. Asken. I'h.D. Ronnie Iloa;rd. I'h.D. Am% K. Keisling.:\CS1V. LC'S\V, IiCI) l'racy Richards. QCS\\'. LCS\V Dun La%%rence, LS\V Dy;mne Seynure, Qcsk%', I.S\\' Jelfree Pincus. Ph.D. Ann Vergales. AC'S\%'. [-S\\'. BCD Lisa It. 1'apmretti. NIA Enclosed please find the custody evaluation completed by Dr. Shienvold regarding your clients Jonas Diffenbaugh and SuAnn Diffenbaugh. Please feel free to contact Dr. Shienvold if you have any questions regarding this report. Sincerely, Encl. RIEGLER SHIENVOLD & ASSOCIATES 2151 Linglestuwn Road. Suite 21111 I larri>hur_. I'Cnnsyleculia 171 10 • (717) 540-1 1131 Fax: (717) 540-14 16 9-od o Apo r b Ul i a N a A4 0 !4 6ohl•8 ,•`.,I rr L] ?. Q tryyi V O F h 1 Vt Lu '?. ? h v J •._ \ V O \ W \ I. 1 m a c o C b 9 a m ? w ? N cu u' c u c 1! E C.? C ,0 .? n tl/y V ? 4 VI u L •? 2- V ? L G pC nV 4 G V ,? C V? U G ? n v ? r E c .' E q u a ? R °' N'E m 9 ? e.o n 4 .? E- S U E a c ra y 2-2 o f c .c o! Eu312 E a ? ° 4 C V C •G. V •"' O C N X E E u o? ? n E c c ?. a E? o c c u'E z u .? u v m I:J U O 9 N Z,L a II ZaU n ? II II c:! N z r r T N ?.. r\ \ ? N j r. F _ 0 5 ae n2"? a a ,u ? p ccad L X ? 6 9 1 E 2 ? E ?UWn o Y.. AG275 ? ??;uG c ? p' ? y o s,f ' tj-rvritiNor 3 ? 3 n` •c H ? a s ? t C L ? V G E 'u U [V .L r O c J, V L 0 ?• E E •Q u W V i r v c E C N 2 ° u 'u w ? m ? 9 e 8 p O c E 'y 0 a. z Jr 4. .1_ .? + ti G 2 _ c § O o 3? 6 6 E' C n G r c ? i 5 N 0. V J ^ r J, t I ?- 1 •4 -4 -? M m a o E •S ? O N N!! i x? E jiwf '.?, 4I N f? .? 73 t •l fl -r_ O i U O U.. - F G U ,\ CJ C F o - c u •5 L 80? h ? \ tr.1 N C U Q G u H N C ? \ L \ W LU'1 vi L. p ? G V_Yf N v U_ C V i? •_J O tr Y U_ U NL. p O V p- i ?: •? :C N N O z C p? Z V ? ? 69 °' > ? U? .U. ? n Yj V 'D J O O H O cJ •.0. ?n ?... u `? ? _W r. a` x N? F N Y > o, 5 ?a V o N Y, n v? y N u Y ?'_ ? G E 7 u o.= N = g? ° g 'o -' '? o o_ g :n a cui ? Yi `? WU Z G u=3F? 2 u?nUu s L3ww N zOZZZZ N fil U v) L U C -? ri ri -i vi l v7 r of :T .-• i - - ? ? C ? =? ? ? ON G F ?I Y n •\ N r \, U ? u o Q F < JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6886 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 14th day of August, 2002, upon consideration of Plaintiff's Petition for Modification of Custody with respect to the parties' children, Jonas A. Diffenbaugh, Jr., (date of birth September 21, 1994) and Julia Anne Diffenbaugh (date of birth November 5, 1996), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Thomas S. Diehl, Esquire 1 West High Street Carlisle, PA 17013 For the Plaintiff Ruby D. Weeks, Esquire 10 East High Street Carlisle, PA 17013 For the Defendant By the Court, I j J Wesley Qle , Jr., 11 - 41 pcb .,?' ^ i JONAS A. DIFFENBAUGI I IN TI IE COURT OF• cOMMON PLEAS OF PLAINTIFF etl\-1131iRI.AND C'OUN'TY.1)1'NNSYI.VANIA V. 99-6886 CIVIL ACTION LAW SU ANN DIFFENBAUGII IN C'USTODI' DIFIiNDANT ORDER OF C'OIIRT AND NOW, Thursday July 22, 2004 . upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear bcforc.3acquclinc ru. Verner, Esq. , the conciliator at 4th Floor, Cumberland Countv Courthouse, Carlisle on ruesday, August 31, 2004 at 9:30 AM for a Prc-Ilearing Custody Conference. At such conference, tun 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 TI IF COURX. By: L 2Clp(.e]iRCA1-I2MgY ESq mhc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Actor 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 SI IOULD TAKE'rIIIS PAPFR'I'O YOUIt A'I'1'ORNI:Y AT ONCE IF YOU DO NOT HAVE AN ATI'OltNEY Olt CANNOT AFFORD ONL. GO TO OR'TLEI'IIONE'I'l l? OFFICE SET FORI'll BELOW TO FIND OUT WIIIiRE YOU CAN GE I' LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 i ._. ??i ... .._ '? ."J .,. - i 7' o? J . p /? ??.. ?,2n_? s2r/?if/??f Z? d?C`X1t_o?,v ??? `?' H. SAIDIS ! SHOFF, FLOWER & LINDSAY ATNMYS•ANAIY 26 W. nigl, Slreel Carlisle, PA JUL 2 0 2004 JONAS A. DIFFENBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH, IN CUSTODY Defendant ORDER OF COURT AND now, this day of 2004, upon consideration of the attached Petition for Modification, it is hereby directed that the parties and their respective counsel appear before , on the conciliator, at 2004, at o'clock - m. for the ?- day of a pre-hearing custody conference. At such conference, an effort will be made i resolve ssues to the issues in dispute; or if this cannot be accomplished, to define and narrow th ear at the be heard by the court, g for entry of a temporary or permanent orderpp conference may provide For the Court, By. Custody Conciliator YOU TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF DO NOT HAVE AOLAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TOHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations office. Lora sable individuals having business before the court, please made at least 72 hours prior to any hearing or business before the Court. By the Court, Date: JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH, IN CUSTODY Defendant PETITION FOR A MODIFICATION Now comes JONAS A. DIFFENBAUGH , by and through his counsel, SAIDIS, SHUFF, FLOWER 8, LINDSAY, P.C., and petitions this Honorable Court for Emergency Relief as follows: 1. The parties hereto are the parents of two children, Jonas A. Diffenbaugh Jr., born September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. 2. After a hearing in 2002, this Honorable Court entered an order dated August 20, 2002 providing to Petitioner primary physical custody of the children with partial custody in Respondent for 3 consecutive weekends out of five and, during the summer, for four consecutive weeks at the beginning and for four consecutive weeks at the end of the summer. In addition, the court ordered some sharing of holidays, birthdays, Fathers Day and Mother's Day. SAIDIS 3. Circumstances have changed so that it is no longer in the children's SHUFF, FLOWER & LINDSAY interest to continue periods of partial custody with the Respondent. ATTORNEVSNT•IAW 26 W. High Street Carlisle. PA Attached hereto as Exhibit "A" is a Petition for Emergency Relief outlining the dangers in which Respondent has placed the children, which dangers necessitate modification of the courts order of August 20, 2002. WHEREFORE, Petitioner prays this Honorable Court to modify its order of August 20, 2002 to provide legal and physical custody of the children to Petitioner. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner, Carol J. Linds , Ec ID#446931 26 West High Stree Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-UW 26 W. Iligh street Carlisle, PA VERIFICATION I, Jonas A. Diffenbaugh, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jonas A. Dif nbaugh, Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. 111911 Street Carlisle. PA Su Ann Diffenbaugh C/o Audrey Maxwell 632 North West Street Carlisle, Pennsylvania 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff r, SAIDIS SHUFF, FLOWER & LINDSAY ATTOR%E%iMTMR' 26 W. High SITM Carlisle. PA JONAS A. DIFFENBAUGH, Plaintiff VS. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-6886 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVIC AND now, this I?/??1 _day of 2004, I, Carol J. Lindsay, Esquire, of the law firm f S IS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Modification this day by certified mail, return receipt requested and also depositing in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: By: Carol J. Lindsay, ID# 44693 ; 26 West High.Stree Carlisle, PA 17013 (717) 243-6222 v IISIHX3 JONAS A. DIFFENBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH, . IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of 2004, upon consideration of the within Petition for Emergency Relief, a Rule is issued on the Respondent to show cause why its order of August 22, 2002 should not be modified to prohibit contact between Respondent and the children. Rule returnable at a hearing set for the day of 2004 in courtroom number 1 of the courthouse at Carlisle, Pennsylvania at o'clock _m. Pending the hearing, Respondent's rights of partial custody are suspended. By the Court, J. SAIDIS SHUFR FLOWER & LINDSAY ATrOR\EYS•ATMII' 26 W. High Street Carlisle, PA JONAS A. DIFFENBAUGH, Plaintiff VS. SU ANN DIFFENBAUGH, Defendant f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-6886 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF Now comes JONAS A. DIFFENBAUGH , by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court for Emergency Relief as follows: SAIDIS SHUFF, FLOWER & LINDSAY ArrGRAI'S-AT-IAW M W. Iligh Street Carlisle. Pot 1. The parties hereto are parents of two children, Jonas A. Diffenbaugh Jr., born September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. 2. After a hearing in 2002, this Honorable Court entered an order dated August 20, 2002 providing to Petitioner primary physical custody of the children with partial custody in Respondent for three consecutive weekends out of five and, during the summer, for four consecutive weeks at the beginning and for four consecutive weeks at the end of the summer. In addition, the court ordered some sharing of holidays, birthdays, Father's Day and Mothers Day. A copy of the order is attached hereto as Exhibit "A". 3. In anticipation of the custody hearing in 2002, the parties submitted themselves to a custody evaluation by Dr. Arnold Shienvold. Dr. Shienvold ended his report with the following paragraph: It cannot be stressed enough how important it is that Su Ann pursue these recommendations (to attend an alcohol counseling program and continue with it until she is discharged by counselor); to be abstinent from alcohol. She is in denial about her problems. She appears to be on the way to developing a more positive relationship with Brian. It would be terrible for her and the children if old problems ruin that relationship...... 4. At the time of the last custody hearing in this case testimony was presented that Respondent had multiple D.W.'s and that she had lost her license for a period of 6 years, that she was intoxicated at the time of pick up of the children, and that on Easter of 2002 she had been assaulted by her boyfriend Brian Hippensteel and had assaulted him as well. SAIDIS SHUFF, FLOWER & LINDSAY A17ORNEVSATMW 26 N. High Street Carlisle, PA 5. Since August 2002 Respondent has participated in other fights and disorderly conduct, under the influence of alcohol, for some of which the children have been present as follows: a. On or about August 22, 2003, Respondent was arrested at the home of Brian Hippensteel because she was intoxicated. She was arrested and charged with public drunkenness, disorderly conduct, possession of marijuana and paraphernalia. A copy of the police report in the Carlisle Sentinel newspaper is attached hereto as Exhibit "B". i b. On or about November 29, 2003, Respondent's boyfriend Brian Hippensteel was arrested and charged with simple assault when he allegedly struck Respondent in the head causing injuries uiring three staples at the hospital. A copy of the newspaper e q r article of November 29, 2003 is attached hereto as Exhibit "C". On or about June 19, 2004 after hours of fighting and physical c. altercations, in which the parties children were present, police found Respondent and her boyfriend "bleeding and intoxicated" and were charged with simple assault and disorderly conduct and placed in Cumberland County prison. A copy of the newspaper article is attached hereto as Exhibit T". A copy of the article involving the sentencing is attached hereto as Exhibit "E". d. On July 5`h, 2004, Brian Hippensteel was arrested after he allegedly pushed Respondent and assaulted ten year old Jonas, dragging him by the hair through the length of the house. A copy of the news report of July 6`h, 2004 is attached hereto as Exhibit "F" 6. Respondent's abuse of alcohol and exposure of her children to repeated drunken and assaultive incidents, in the last of which a child SAIDIS was the victim, are grounds for emergency relief. SHUF(; FLOWER & LINDSAY Respondent resumes custody of the children on July 31, 2004. 7 . 26 w. lligh Street Carlisle, PA Petitioner believes and therefore avers that if the court does modify s its order before that date, the children are in physical and emotional danger. 8. Petitioner is filing on the same day as this Petition, a Petition for Modification of the Custody Order but Petitioner requests emergency relief pending a hearing on the Modification Petition. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule on the Respondent to show cause why the relief requested should not be granted. SAIDIS, SHUFF,,ELOWER & LINDSAY Attorneys for P titioner iI n By: ID#44693 / 26 West Higliree Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATr0NhEYSNT-1AW 26 W. High Street Carlisle, PA VERIFICATION I, Jonas A. Diffenbaugh, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jonas A. Dif baugh, Petitioner SAIDIS SIIUFF, FLOWER & LINDSAY A17t)MYS•AT•LAW 26 W. Iligh Street Carlisle. PA JONAS A. DIFFENBAUGH, Plaintiff VS. SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 99-6886 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE (0 day of AND now, this 2004, I, Carol J. Lindsay, Esquire, of the law fir (f IDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by sending via Certified Mail, Return Receipt Requested and also by depositing in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Su Ann Diffenbaugh C/o Audrey Maxwell 632 North West Street Carlisle, Pennsylvania 17013 SAIDIS, SNUFF, FLOWER & LINDSAY Attorneys for<laintiff ,, n SAIDIS SHUFF, FLOWER & LINDSAY 7=RNETS-ATMIV 2L w. nigh street Carlisle, PA By: Carol J. L'hds y, Ls( ID# 44693 / 26 West igh Street Carlisle, PA 17013 (717) 243-6222 FROM MIS ITSKY FIND DIEHL FiV: NO. '17-240-033: rug. _M 2002 10:29W P! JONAS A. fN' T.IE COJIt t' OF COWtvlON PLEAS OF DIFFENSAUGH, CUvBERLAI.TI) COCINTY. PEIvT'SYL.V.4\i.4 Plaintiff ?'• CIVIL ACTION-LAW SU ANN DIFFENBAUGH, Defendant NO.99.6886 CP,11L TEP.Ivl Eq RE: PLAINTIFF'S PETITION FOR 1140 FICATION OF CUSTODY 13EFORE OL.ER, J. ORDER OF COURT AND NOW', this 20:h day of August, 2002, after careful consideration of Plaintifr's Petition for -Modification of Custody with respect to the parties' children, Jonas A. Diffenbaugh, Jr. (d.o.b. September 21, 1994), and Julia Ann ?. Diffenbaugh (d.o.b. No ember 5,19 96), following a hearing held on August 14, 2002, and based upon th= court's determination as to the best interests of the children, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the parties. 2. Primary physical custod%, of the children shall be in the father: 3. Tempora_n- or partial physical custody of the children shall be in the morher at the following times: a. During the school year, (I) I'm three ConsecUtive wt,-kends out of five, commencing on Friday at 7:00 p.m. and ending on Sinday at 5:00 EXHIBIT: ' r .,l,a'-ITS'Y rIND D:EH! Fil; 110. : 117-240-0233 Aug. 22 2002 10:30i,^t P2 (2; From December 25 at 2:00 p.m. until December 31 at 2:00 p.m.: and (3) On Thanksgiving Day from 2:00 P.M. until 7:G0 p.m., b. During the summer, for four consecutive weeks at the beginning of the summer and for four consecutive week at Lie end of tltc summer, 4. Notwithstanding the foregoing, a. The father shall have custody of the children on Father's Day and the mother shall have custody of the children on Mother's Day, from 10:00 a.m, until 7:00 o,nt. b. The noncustodial parent shat! have _ custody of both children on citl:er child's birthda- from 3:00 ,,, p.u.until 7:OOp.rn. 5. Transportation for exchanges of custody shall be the responsibility, oftheparentreceivingcustody- 6. The coup finding that Plaintiffs proposed relocation of the children to Dauphin County has not been shown to be likely to significantly improve the quality of IM- for the father and the children, Plaintiffs request for permission to relocate therm is denied. 7. Nothlne herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. S. All prior custody orders are vacated. 3Y TdE COURT^ 'RUE COPY FROM RECORD In TestiMny whereof, I he:e unto set my nand F ano he fie 1 f ui COO at .451-, Pa. ??'? TF ,,,_?„ ?y ?c7taryed A man who called police to his home reporting problems with a woman outside his home will be cited himself. Carlisle police say Brian Hip- pensteel, 39, of the 300 block of Avon Drive.-callctimlice about 9:30 p.m. Friday to report a problem with Su Ann Diffen. baugh, 38, Carlisle. Nhen police arrived, they say Diffenbaugh was found intoxi- cated outside the residence and Hippensteel intoxicated inside the residence. Police say Diffen- baugh was yelling profanities. She was arrested and charged with public drunkenness, disor- derly conduct, possession of marijuana and paraphernalia. Police say Mppensteel began yelling profanities from his front porch as police were leav- ing. Police say they are mailing him a cttation for disorderly 600... )nn9 :t ru,,;a •,rr iw=t y Y ?l r Saturday November 29, 2003 ntincl- Page An ice Man charged after woman hurt A Carlisle man was arrested after he allegedly struck a woman in the back of the bead during an argument Thursday, causing a large cut in the back of her head, and then allegedly poured bleach on her head. police in Carlisle say Brian Hippensteel. 39, was arrested at 6:15 p.m. following the incident in the 200-block of Avon Drive. He was charged with simple assault and harassment. Su 'knn Diffenbaugh was tak- en to Carlisle Regional Medical Center, where she had to have three staples on her head, police say. She was later released. EXHIBIT.; C, I The Se's- Page B3 1,0cal News cited after disturbance police say two Carlisle resi- dents were arrested about 7:15 p.m. Sunday after police [espoaded [o a report of a domestic distutbancc and a 911 bang-up from the 200 block of _ Avon Drive. Carlisle police say Su Diffen- baugh. 37, and Brian Hippen- steel. 40, were found bleeding and intoxicated when police arrived. Numerous witnesses and neighbors allegedly told police the two had 'bccn at it all day:' 1b,y had been yelling obsceai- ties for most of the day, police say. Both were arresred and treas- ported to the Carlisle Booking Center for processing. ? I ;EXHIBIT. ' ? t 1 . Y 11 ll: t Judge tells couple to avoid home, alcohol BY JOE ELIAS of our Carlisle lluteeu CARLISLE a A Carlisle couple found covered in blood after fighting for hours has been or- dered to stay out of the cou- ple's home and away from al- cohol. Su Ann Diffenbaugh. 37, and Brian Hippensteel, 40, of the 200 block of Avon Drive, were arrested Sunday night after what borough police said were several hours of loud. obscenity laced fighting. com- plete with hurled objects. police found two children inside the residence. Dlffenbaugh and Hippen- steel were charged with sim- ple assault, disorderly con- duct and allowing their dogs to run around the neighbor- hood. They were placed in Cumberland County Prison on 15,000 bail. ;.'part of their bail condi- tions, District Justice Thomas Macey ordered Diffenbaugh and Hippensteel to stay sway from their home and any Please see CHARGED On Page E3 Vy h LL CHARGED:. Fight took hours, neighbors say;. Contlnuod from Pape BI r the two dogs. had been fighting an pplace that sells or serves alco- h t w i-kolice. said Diffenbaugh had what appeared to be blood ` Court recoids say:'neigh born told police the'cou h o hile their case winds its and braises on her neck and p had start d f h i m way through the court system -. 1.'lacey-allowed the couple to hme a third ll arms. Dlffenbaugh told police Hippensteel.had grabbed and e ig t ng ole' ai about 5 p.m and they could bear yelling, swearing and ob- elling, parry co ect b pus cdher, iccts t any elongings from-the home. . Records say police found Hippensteel inside the home Accordingg to the prison, both Diffe b h d Court records say that mound 7 .m, borough police found Diffenbaugh in the a d , cut up and bloody. Hippen- steel told police he was bleed- l b n aug an Hip- pensteel have posted bail and have been released. y r of tho home is an Int i ag ecause he had run out ox cated condidon, attemptin to ar h the backdoor of the home, he l0E EL1A5: Zq9-2Bp6 ar g c !_ t n told police the couple ktaspcpatrie,•nemum Z"y- July 6, 2104 ar ? 7? wwawiberlin3 am LG',/J/? r??a???P'?'F' Lal • CA7ZIdSLE -- -- --- " - _ _ - - _ -_ Do 84'rael n&Z`rnr nw&k1 Thee F poste iacideats of domestic eiolcrc over Cne weekend kept Call isie,po}iec 1 Wj. "Arian izppcasttcL 30, of the !00 block of Aron Drive im culisle is lice an Sir"Coo 1Hial afa=r he ah'egeov hi and pshed Lis girlL-iced, So Ant'D:ffen- 'lm , aad as isuRed hC 3.pear- oklson. . ?elite say it 9:54 p.m. Sam- doy IGppc,as;eel yelled ae Dif2- mbaugh and pushed bee S5''cw he: Est tried tostop hire, kip- penttxi Psbed the boy awry ud chaled Lim, auordiap to . acidents kee c m dxurxcts• - I ippcatfe:e: then czugb: 1he- 1x j rr,d drar„ged him l:y his Ima fe: the IcnF:h of the'Uiw and c:u him ouL Ar, Patce alkge. • ?3c *as-takct to the carlisk Socking, Cenler and war arraify'Xd "n'lor_ Distic: jksti:- Svun Day os cnarpes c.• s:m;le atsauh xe3 dnamtc.vioh- e ae?slisle ccup:e has a1+ . . Efipp:-u= was a..,rest!e lull Navucxr' for a:legedfy hieing 1 D:Ifm:batA cn.the bacF if Lkc head and povriog hiea:}t nc )km Police ei:ed ho1F. Y.ry}x?s-ef and D:Jfeahaogh in August %003 For disurderly eacdew. for wgj; p profa>c; lies. ,Dif2©3aegir U= Id 'With o ice husy haraseacatar,? aisliag aseat iu an April )r, iacideat }c 1 w}:ieh she all:godly cy:ar at I Flipp-uu:ecl with a knife during i ar. air vnrr t,-. -1 POLICE ROUNDUP' CUMBERLAND COUNTY CARLISLE Assault charge filed Borough police have chnrkg,eei a rtsan will, assaulting his girlfriend and her 9-year-old von during; i do- mestic dispolc around 10 pan. Sun- day in the 200 block; of Avon Drive. Polies Bald the- officer who re- sFF,onded to the call was greeted at tlae door by the wornan's weeping daughter, who told him Arian Hip-, pt-nstcel, 30, was "hitting her rnoni " The wuncin said Hlppunsteel hid pushed her, polico said.'I'hry said 111-11 when her son told hitn to slop and tried to Intervene, Hippensleel pushed the boy, chased hirn, drif;ge:d him Ihiough file house by the hair and shoved him outside. IIippensleel denied t},al anything; Itad happeteed, police said. FIo was chatged with simple as- sault and harass,nenl and freed from Curnberlaud County Prison after pasting 510,000 ball. et EXHIBIT d ? ICJ ??a h I r r ?1^??. 111 J ?7%? 1 r??v?s _>? M ?? r, M? ?? ? ? V ? :;,?. -.>-, -- ?':?> r.. :_.; ? ,, ;_? _ _- r ??- %? - ' O ?,y CJ P SAIDIS SHUFF FLOWER & LINDSAY ATTORpEYSNT•LiW 26 W. High Street Carlisle. PA JUL 2 0 2004' JONAS A. DIFFENBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. CIVIL ACTION NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 70_13 day of , 2004, upon consideration of the within Petition for Emergency Relief, a Rule is issued on the Respondent to show cause why its order of August 22, 2002 should not be modified to prohibit contact between Respondent and the children. Rule returnable at a hearing set for the day of , , 2004 in courtroom number 1 of the courthouse at Carlisle, Pennsylvania at ?; :e)e) o'clock--P- M. ReRdia?aring-ft resuspended. By the Court, . 33) o? 0 ?? ?, ,; _ _ ?:? .. .: -? -. _ ?•. :_; JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 99-6886 CIVIL TERM SU ANN DIFFENBAUGH, . Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF Now comes JONAS A. DIFFENBAUGH , by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C., and petitions this Honorable Court for Emergency Relief as follows: 1. The parties hereto are parents of two children, Jonas A. Diffenbaugh Jr., born September 21, 1994 and Julia Ann Diffenbaugh, born November 5, 1996. SAIDIS SHUFF, FLOWER & LINDSAY ATiOR\EITNT•IAR' 26 IV. High Street Carlisle, PA 2. After a hearing in 2002, this Honorable Court entered an order dated August 20, 2002 providing to Petitioner primary physical custody of the children with partial custody in Respondent for three consecutive weekends out of five and, during the summer, for four consecutive weeks at the beginning and for four consecutive weeks at the end of the summer. In addition, the court ordered some sharing of holidays, birthdays, Father's Day and Mother's Day. A copy of the order is attached hereto as Exhibit "A". 3. In anticipation of the custody hearing in 2002, the parties submitted themselves to a custody evaluation by Dr. Arnold Shienvold. Dr. Shienvold ended his report with the following paragraph: It cannot be stressed enough how important it is that Su Ann pursue these recommendations (to attend an alcohol counseling program and continue with it until she is discharged by counselor); to be abstinent from alcohol. She is in denial about her problems. She appears to be on the way to developing a more positive relationship with Brian. It would be terrible for her and the children if old problems ruin that relationship...... SAIDIS SHUFF, FLOWER & LINDSAY An0RN.Y5•AT•NW 26 W. High Street Carlisle. PA 4. At the time of the last custody hearing in this case testimony was presented that Respondent had multiple D.U.I.'s and that she had lost her license for a period of 6 years, that she was intoxicated at the time of pick up of the children, and that on Easter of 2002 she had been assaulted by her boyfriend Brian Hippensteel and had assaulted him as well. 5. Since August 2002 Respondent has participated in other fights and disorderly conduct, under the influence of alcohol, for some of which the children have been present as follows: a. On or about August 22, 2003, Respondent was arrested at the home of Brian Hippensteel because she was intoxicated. She was arrested and charged with public drunkenness, disorderly conduct, possession of marijuana and paraphernalia. A copy of the police report in the Carlisle Sentinel newspaper is attached hereto as Exhibit "B". b. On or about November 29, 2003, Respondent's boyfriend Brian Hippensteel was arrested and charged with simple assault when he allegedly struck Respondent in the head causing injuries requiring three staples at the hospital. A copy of the newspaper article of November 29, 2003 is attached hereto as Exhibit "C". c. On or about June 19, 2004 after hours of fighting and physical altercations, in which the parties children were present, police found Respondent and her boyfriend "bleeding and intoxicated" and were charged with simple assault and disorderly conduct and placed in Cumberland County prison. A copy of the newspaper article is attached hereto as Exhibit T". A copy of the article involving the sentencing is attached hereto as Exhibit "E". d. On July 51h, 2004, Brian Hippensteel was arrested after he allegedly pushed Respondent and assaulted ten year old Jonas, dragging him by the hair through the length of the house. A copy of the news report of July 61h, 2004 is attached hereto as Exhibit „ F" SAIDIS SHUFF, FLOWER & LINDSAY AITORh'E43•AT•Ull' 261V. Illgh Slreel Carlisle, PA 6. Respondent's abuse of alcohol and exposure of her children to repeated drunken and assaultive incidents, in the last of which a child was the victim, are grounds for emergency relief. 7. Respondent resumes custody of the children on July 31, 2004. Petitioner believes and therefore avers that if the court does modify its order before that date, the children are in physical and emotional danger. 8. Petitioner is filing on the same day as this Petition, a Petition for Modification of the Custody Order but Petitioner requests emergency relief pending a hearing on the Modification Petition. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule on the Respondent to show cause why the relief requested should not be granted. SAIDIS, SHUFF, FLOWER 8L LINDSAY Attorneys for P&titioner I r; Carol J. Lindsay, I D# 44693 / 26 West High -StreE Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATIONNEVS•AT•LAW 26 W. Iligh Slreel Carlisle. PA VERIFICATION I, Jonas A. Diffenbaugh, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. (Jonas A. 4fba-ugh, Petitioner SAIDIS SHUFF, FLOWER & LINDSAY ATTONNF.1'9AT•LlR' 26 R'. 111gh Street carusle, PA ¦: JONAS A. DIFFENBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 99.6886 CIVIL TERM SU ANN DIFFENBAUGH, IN CUSTODY Defendant CERTIFICATE OF SERVICE AND now, this I 4A day of to 2004, I, Carol J. Lindsay, Esquire, of the law firm f SIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Emergency Relief this day by sending via Certified Mail, Return Receipt Requested and also by depositing in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Su Ann Diffenbaugh C/o Audrey Maxwell 632 North West Street Carlisle, Pennsylvania 17013 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys forgPlaintiff „ SAIDIS SHUFF, FLOWER & LINDSAY AT'fOH\'E1'S•AT•IAIV 26 W. Iligh 51reel Carlisle, PA By:. Carol J. Lihds y, Est ID# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 FROM Mlc„IT9:Y fVID DIEH! F,l- NO. : 717-240-&397, rug. M 2002 10:29PM P! JONAS A. 11`1 THE COURT OF COMMON PLEAS OF DIFFENBAUGH, CUivfBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACT10N-LAW SU ANN DIFFENBAUGH, Defendant NO. 99-6886 CRr1L TEP.M IN RD PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY 13EFOR.E OLER, J. O"ER OF COURT AND NOW, this 20th day of August, 2002, after careful consideration of Plaintiffs Petition for Modification of Custody with respect to the parties' children, Jonas A. Diffenbaugh, Jr. (d.o.b. September 21, 1994), and Julia Ann Diffenbaugh (d.c.b. November 5, 1996), following a hearing held on August 14, 2002, and based upon the court's determination as to the best interests of the children, it is ordered and directed as follows: 1. Legal custody of the children shall be shared by the panics. 2. Primacy physical custody of the children shall be in the father: 3. Temporary or partial physical custody of the children shall be in the mother at the following times: a. During the school year, (1) For three consecutive weekends out of five, commencing on Friday at 7:00 p.m. and ending on S'inday at 5:00 p.m.; EXHIBIT',` f' ? Y r 5:IT5;Y FIND U!EHL FA ( t0. : °I 24G-G333 Aug. 22 2002 10:3041 P2 (2; From December 23 at 2:00 p.m. until December 31 at 2:00 p.m.; and (3) On Thanksgiving Day from 2:00 P.M. until 7:00 p.m.; b. During the summer, for four consecutive weeks at the beginning of the summer and for four corsecutivc weeks at the end of tltc summer; 4. Notwithstanding the foregoing, a. The father shall have custody of the children on Father's Day and the mother shall have custody of the children on Mother's Day, from 10:00 a.m. until 7:00 p.m. b. The noncustodial parent shall have custody of both children on either child's birthda=y, from 3;00 p.m. until 7:00 P.M. 3. Transportation for exchanges of custody shall be the .responsibility of the parch receiving custody: 6. The court finding that Plaintiffs proposed relocation of the children to Dauphin County has not been shown to be likely to significantly improve the quality of life for the father and the children, Plaintiffs request for permission to relocate them ;s denied. 7. Nothine herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. 3. All prior custody orders are vacated. In COPY FROM RECORD whereof, I here unto set my hand Rf sail covet at C}trlisie, Pa. BY THE COURT, a?nceslay olea;.Y:, 7. c? (1 8 A man who called police to his home reporting problems with a woman outside his home will be cited himself. Carlisle police say Brian Hip- penstcel, 39, of the 100 block of Avon Drive. -enlled_nolice about 9:30 P.M. Friday to report a problem with Su Ann Diffen- baugh, 38, Carlisle. When police arrived, they say Diffenbaugh was found intoxi- cated outside the residence and Hippensteel intoxicated inside the residence. Police say Diffen- baugh was yelling profanities. She was arrested and charged with public drunkenness, disor- derly conduct, possession of marijuana and paraphernalia. Police say Hippensteel began yelling profanities from his front porch as police were leav- ing. Police say they are mailing him a citation for disorderly EXHIBIT;; :;i: q q 1 ?. Saturday November 29, 2003 atinel Page A5 Lee:. Man charged after woman hurt A Carlisle man was arrested after he woman in the back} of the head during an argument Thursday, causing a large cut in the back of her head, and then allegedly poured bleach on her head. police in Carlisle say Brian Hippensteel. 39, was arrested at 6:15 p.m. following the incident in the 200 block of Avon Drive. He was charged with simple assault and harassment. Su Ann Diffenbaugh was tak- en to Carlisle Regional Medical Center, where she had to have three staples on her head, police say. She was later released. EXHIBIT ' '. tic Local News rhe Seinel-- Page B3 cited after disturbance Police say two Carlisle resi- dents were arrested about 7:15 p.m. Sunday after police responded to a report of a domestic disturbance and a 911 hang-up from the 200 block of Avon Drive. Carlisle police say Su Diffen- baugh, 37, and Brian Hippen- steeI, 40, were found bleeding and intoxicated when police arrived . Numerous witnesses and neighbors allegedly told police the two bad "been at it all day." They had been yelling obsceni- ties for most of the day, police say. Both were arrested and trans- ported to the Carlisle Booking Centex for processing. EXHI,BR.: ':; (Judge tells couple ?--- to avoid home, alcohol I8Yf0EELI 0f0ur Carlisle Bence CARUSif • Police found inside tkro children =residence. A Carlisle cou le found covered in blood a=r fihting hour g fo r h steujffVenbaugh and HiPPen- p]e ?ed w" ass l ? u" s as been or 's to s tay out of the cou• plec's home and aur su [, dr duc rderly on. t s and allow-' rhea dogs to run ar aY cobol. from al- ound the hood, Tye , w e neighbor- er SuAtmDiffenbau h Man Hippensree g 37 and ' :0 ? °t Cumberland `y] pTson on $5,000 ball, Cou, 0 block of ' we v r rested 5 tadayDru! crw hat borou g?t h Aa Part of their bail condi-' Pnc? Dutricr Juatie= Thomas d police sat g n d, fndHippensteel tDotafayba,vAh "cetury heed is of loud their bon = etc with hurled obj O IIj• c = ze and anv Plesse see CHARGED on Dage 63 t , . A- = --_ ? is ?4- n?a • Fight took hours ---? 7emFaga61 etghbo? YmhVer ehc a at 3ervea oleo. ' thSWO N G ? dWd DfffenbaneG t ) Z,? S throttoi, .,. 436 wfn r. 2 .. 'had he__ aY July 6, ,w 4?TS o nnja ZrZ mr owaiu . tr.m oar Yip yr?.,M,, eom Taro separate incidents of domestic .•iDlcace over C•m weekend kept Culisie,police 'Brian HippeasterJ. 30, of the 700 block of Ater Drive in Cadii!e is flee on SX00 bail &Per he allegedly hit and p'.,shed his girtlrlend. Su.knc'Ddlca- tmgh, gad assaudcd ?lm 3-year- old sea. Police 93y it 9:54 p.nL Su- day Irippens;eei vei!ed at 'Jiff. eabmgb and pushed ]a wnca hc: xoo tr m stop him, j?_ penstu! prsbcd the boy awry ud cheted kite, according to ofice busy narx=)c t age rakiiag arrest s in as April ZP0iacideat in ! which she allegedly ::ame at I Fbppenskcl wid. a knife durrg ) an fit.-art, -1 POLICE WARM'! CUMBERLAND COUNTY CARLISLE Assault charge filed Borough puller have 011,11?ed a man with assaulting his girllrlend and her 9-year-old eon during a do- Teslle dispute around 10 p.m. Suit- 11;1n Il,n zoo black of Avon Drive. !'oli" said the• ofricer who re- IsI onded to the call was greeted at ll,c door by the woman's weeping daughter, who told },bn l3rian 191p- pcnstecl, 30, was "hitting; her lnnm" The wnn,an said }llppensteei hall i,ushed her, police said.'Phey said 111-11 when her son told Jilin In stop and tried to Intervene, Hippenstecl pushed the boy, chased 111111, drak;ged him through the house by the hair and Mimed Jilin outside, Hlppvnsled denied that anythini; had happened. police said. Ire was charged with simple as. sault and harassment and frond rro,n Cumberland County !'risen after posting S10,0oo hail. EXHIBIT.,' , I r 1 .1 (? 1 CARM. r.? Local ncidents kee own dxur>ce.-t Nippcnsfu; :heo csapj: L`e• ?T ?,d dogged hia: bJ' his fmc fc: the lenrh of ::x Gita ax i'K him onrside, poke aikge, Ik "s.tnkm to the Carlisle r Bocking Center and war . arai?xd'_tim_ Disric: Jtuu__ I Sumn Day ox eiralgei C S,rM?e I assuY' aed doetah:.vielax. ?lia:c coupe has t? al/ ELI FF--ua was arrest Itcd Nave,eher'for allegTdly ljt6agl Diffcc'oao,Jt cr:the back of tael head and pouting laeaeh erlaer. Polio &i d bolt Y-iYPtaane( acd 6:lfexbaogl: in August 1003 tor diwnduh, cor w.. fnr? yeniagmfaa:Ges. • ,Diffeabo gn was :tw V.*, o, v U ? JONAS A. DIFFENBAUGH, Plaintiff v SU ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-6886 CIVIL TERM IN CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 27th day of July, 2004, upon consideration of the Plaintiff's Petition for Emergency Relief, and pursuant to an agreement reached in open court between the parties and their respective counsel, Carol J. Lindsay, Esquire, on behalf of the Plaintiff, and Nathan C. Wolf, Esquire, on behalf of the Defendant, it is ordered and directed as follows: 1. The Court's order of August 20th, 2002, is amended for the summer of 2004 in paragraph 3, subheading B, that for the four consecutive weeks in the last part of the summer of 2004, specifically between July 31st, 2004, and August 28th, 2004, that the Defendant will have custody of the children not for 4 weeks, but rather from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday of those four weeks, and that further during those periods of custody there shall be no consumption of alcohol nor any contact with Brian Hippensteel, and all such visits shall be supervised at all times by either Pam Kuhn or Audrey Maxwell and no other person. Transportation for the periods of partial custody set out shall be provided by the Plaintiff, and this order shall remain in effect until further Order of Court and pending a conciliation scheduled for August 31st, 2004. 2. In all other respects, the Order of Court dated August 20th, 2002, shall remain in full force and effect. By the Court, 'z Cam' 7 j J. esley Ol?r,,.Jr., -'C l aro J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 -I For the Plaintiff V/N h at an C. Wolf, Esquire 37 South Hanover Street, Suite 201 Carlisle, PA 17013 For the Defendant n V :mae NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT JONAS A. DIFFENBAUGH : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION SU ANN DIFFENBAUGH : Docket No: 1999-6886 Defendant :IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE OF O N EL TO THE PROTHONOTARY: Please enter the appearance of NATHAN C WOLF, ESQUIRE, as attomeyfor the defendant in this matter. July -LI , 2004 LF, ESQUIRE Street, Suite 201 17013 SUPREME COURT ID #87380 ,,, -. ,,;._. ,; -.? :; ?', `! SEP 0 1 2004 JONAS A. DIFFENBAUCH, : IN'riiE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-6856 CIVIL ACTION - LAW SU ANN DIFFENBAUCIi, : IN CUSTODY Defendant ORDER OF COURT AND NOW. this -Zti - day of <, f-_• 2004, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The prior Orders of Court of the l lonorable J. Wesley Oler. Jr., dated August 20, 2002 and Jul), 27. 2004 are hereby vacated. 2. The Father. Jonas A. Diffcnbaugh, and the Mother, Su Ann Diffenbaugh (Hippensteel) shall have shared legal custody of Jonas A. Diffcnbaugh, Jr. born September 21, 1994 and Julia Ann Diffcnbaugh, born November 5. 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 3. Father shall have primary physical custody of the children. 4. Beginning September 11, 2004, Mother shall have supervised visitation on alternating weekends Saturday and Sunday 9:00 a.m. to 6:00 p.m. The supervisors shall be Pam Kuhn or Audrey Maxwell. 5. Mother shall obtain a Drug & Alcohol evaluation with the input of Father and his counsel through Mother's counsel and follow the recommendations thereof. Mother shall sign the necessary consents and releases so that Father and his counsel may provide said input. 6. Once Mother starts active D&A counseling pursuant to the recommendation of the D&:A evaluation, her counselor must provide proof of active counseling to Mother's attorney who shall notify Father's attorney. Upon that occurrence, Mother may begin overnight. supervised visitation from Saturday at 9:00 a.m. to Sunday at 6:00 p.m. on alternating weekends. The supervisors shall be the same as indicated previously. ' -- < ? = _ < ?? _ ?; ?; , __ r? v_ I ? ?? r ? ?- G c _ `, N V /. Mother shall be entitled to supervised visitation as aforesaid on Thanksgiving from 2:00 p.m. to 7:00 p.m. Transportation Mother may use a licensed driver lother th a ndthe albo,?etname dsuper isors, blutlmtust sport. return to the above named supervisors' location without any other stops, 9• Mother shall insure that neither child be Hippensteel in the Presence of Brian . 10. Mother shall not consume any alcoholic beverage immediately before or during her periods of visitation. 11. In the event Mother has any police involvement, visitation shall be suspended. 12. This Order was entered pursuant to a Conciliation Conference. The parties may modify the provisions of this mutual consent, the Order by mutual consent. In the absence of terms of this Order shall control. Another Conciliation Conference shall be held on December 6, 2004 at 8:30 a.m. cc-"Ca-rol Lindsay, Esquire - Counsel for Father -Kaithan C. Wolf. Esquire - Counsel for Mother zF907 o y BY THE Cni tra•r 30NAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :1999-6886 CIVIL ACTION - LAW : IN CUSTODY PRIOR.IUDGE:.1. Wesley Oler,.lr. 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 subject of this litigation is as follows: NAME DATE Of BIRTH CURRENTLY IN CUs-rODY OF Jonas A. Diffenbaugh, Jr. September 21, 1994 Father Julia Ann Diffenbaugh November 5. 1996 Father 2. A Conciliation Conference was held in this matter on Father's Modification Petition on August 31. 2004. Father, Jonas A. Diffenbaugh, was present with counsel, Carol Lindsay. Esquire. and Mother, Su Ann Diffenbaugh (I-lippensteel). was present with counsel, Nathan C. Wolf. Esquire. 3. 'File Honorable J. Wesley Oler, Jr. entered an Order ol'Court dated July 27, 2004 which modified the August 20. 2002 Order of Court providing for shared legal custody, Father having primary physical custody with Mother having supervised visitation with the children on 4 consecutive weekends Saturday and Sunday 9:00 a.m. to 6:00 p.m. each day. 4. The parties agreed to an Order in the form attached. q-1 1, 144. ,ice w? Date acq ine M. Verney. Esquire Custody Conciliator w- a NATI IAN C. WOLF, ESQUIRE ATCORNEY ID NO. 87380 37 SOUTH I IANOV ER STREET, SUITE 201 CARLISLE PA 17013 (717) 2414436 ATroRNEY FOR DEFENDAMI' JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION SU ANN DIFFENBAUGH, : Docket No: 1999-6886 Defendant IN CUSTODY ORDER OF COURT AND NOW, this k? day of 7 2005, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is trade an Order of Court. D\ ?J 0? BY THE COURT. e<S ??? NATHAN C. WoLF, IisQUIIHi A'FTOItNl:%* ID NU. s73SO 77 sou'rn HnNOV1at srRlarr, surd; zm CARLISLE PA 17013 (717) :41-4474 A-1-1-ORNFY FOR DEFENDANT JONAS A. DIPPENBAUGH, Plaintiff V. SU ANN DIPPENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUDIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION Docket No: 1999-1336 : IN CUSTODY STIPULATION This Stipulation is entered by :Igrwnx•nt bem-cen rite parries, tbroggh their respcctiVe counsel this 0 E/- dat• of December, 200.1. 'file parties rcyucst that rile Court incorporate the te•I-Ills of this Stipulation into the Order of September 3, 2004, the terms of which ate as folloa-s. -1'Ite Order of September 3, 3(1(61, paragraphs I -4, and 7-11 shall remain in eft-ect, and the fallowing provisions S11:111 be incorporated into the Order. 2. The parties shall share cHSrodc of rile children on holidals :HUI special dates :u Hallows: Mother/Defendant steal V. - pltt-sical custodt• of the children on ?. yv (J ,2 - &C Christmas Da% From H . W4 untd S:()() P.nt., :111(1 shall have some periods of cusrod.%• on December 34 as per the :agreement of the parties. 3. In odd numbered t cars, mother shall lured ctj'Lodv (i£ rite children oil luster :md Independence D:n From 1(1:()11;1.111. to "0 i .n7.,'and father/Plaintiff shall Ilm-c custody of rbc childreD on ::\Icnua'ial Day :and 1_:113 )I. D:I 1• Itt eVCn yc:us, ,,\lother shall h:n c Plp'sical c I of, the children on Memorial D:n• 7 ct' M Id labor Dap front 111:()() a.nt. until S:HO P-M. :HUI Patlter shall have kaster and Independence Dal. TOO i. Mother will Imve cusu,ch• of the children ou their birt hda s Ir(im 3:01) pmm. until KIM f pall. 7 : (tip l:(i G. I-atlIcl. will have Custody of the ch ilch'cn on I ather's DaN lion, 9:00 :t. Ill. until ' :.W p.m. 7: &1 01 7. Mother will have custudt of the children on Mother's Day from 9:00 a.m. until +Hu 11.n,. ti. Father shall be entitled to two nonconsecutive periods of vacations per Year. Howcvcr, in the event said vacation falls during, mother's weekend, Father and Mother shall arr:utge for :\h,ther to have a substitute weekend. 9. The parties will each refrain, and to the extent possible will not permit any other person, from making:un. st•.ucments that WOUId tend to diminish the respect and love the children have for each other. Su Ann D''cnbaugh \Vim s f ulidA. Diff?baugli 7'?.? \?'imcss 1 ?? y :? ?: _; ?? - v . ?_ '=?:? _ -- ? = ?- ?`, ; ?:. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT JONAS A. DIFFENBAUGH, Plaintiff V. SU ANN DIFFENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : Docket No: 1999-6886 : IN CUSTODY STIPULATION This Stipulation is entered by agreement between the parties, through their respective counsel this /9 q- day of December, 2004. The parties request that the Court incorporate the terms of this Stipulation into the Order of September 3, 2004, the terms of which are as follows. The Order of September 3, 2004, paragraphs 1-4, and 7-11 shall remain in effect, and the following provisions shall be incorporated into the Order. 2. The parties shall share custody of the children on holidays and special dates as follows: Mother /Defendant sha v physical custody of the children on 2 i; P f1 Christmas Day from 1999-ai. until 5:00 p.m., and shall have some periods of custody on December 24 as per the agreement of the parties. In odd numbered years, Mother shallhave cu 0d of the children on Easter and 7'v0 Independence Day from 10:00 a.m. to &90 m. and Father/ Plaintiff shall have custody of the children on Memorial Day and Labor Day. 4. In even years, Mother shall have physical c of the children on Memorial DaN, ?'a and Labor Day from 10:00 a.m. until 8480 p.m. and Father shall have Easter and Independence Day. 7 vo $/I Mother will have custody of the children oii their birthdays from 3:00 p.m. until p.m. 7:C O/P Father will have custody of the children on Father's Day from 9:00 a.m. until 8rflE) p.m. 41 Pz In I/ 7:y?. Mother will have custody of the children on Mother's Day from 9:00 a.m. until 84*) p.m. Father shall be entitled to two nonconsecutive periods of vacations per year. However, in the event said vacation falls during mother's weekend, Father and Mother shall arrange for Mother to have a substitute weekend. 9. The parties will each refrain, and to the extent possible will not permit any other person, from making any statements that would tend to diminish the respect and love the children have for each other. , k?7 - - Su Ann D4enbaugh Wins Jona A. Diffenbaug e? Witness _-1 C) "' -73 C , ? r ] NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT JONAS A. DIFFENBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION SU ANN DIFFENBAUGH, : Docket No: 1999-6886 Defendant IN CUSTODY ORDER OF COURT AND NOW, this IjAday of ?1 2005, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Count. r?? 5 BY THE COURT. 1-0 ^J F-' ter- _ C^l