Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
09-3243
V JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3,2,. `/3 CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 I JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3.1`f 3 CIVIL TERM CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Justina M. Negley, an adult individual who currently resides at 8 Oakhill Road, Carlisle Cumberland County, Pennsylvania 17015. 2. Defendant is Scott L. Negley, an adult individual who currently resides at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 22, 1998 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. The parties have one minor child of their marriage, Dalton R. Negley, born August 6, 2001, age 8. The child was born in wedlock. The child is presently in the custody of Plaintiff at 8 Oakhill Road, Carlisle, Cumberland County, Pennsylvania, 17015. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Justina M. Negley 8 Oakhill Road 03/05/09 to Richard Negley Carlisle, PA 17015 present Sandy Negley Justina M. Negley and 455 Mt. Zion Road 08/06/01 to Scott L. Negley Carlisle, PA 17015 03/05/09 The natural mother of the child is Justina M. Negley, currently residing at 8 Oakhill Road, Carlisle, Cumberland County, Pennsylvania, 17015. She is married to the Defendant. The natural father of the child is Scott L. Negley, currently residing at 455 Zion Road, Carlisle, Cumberland County, Pennsylvania, 17015. He is married to the Plaintiff. 13. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Relationship Dalton R. Negley Son Richard Negley Uncle Sandy Negley Aunt 14. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship Dalton R. Negley Son 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and primary physical custody of the child. COUNT IV - ALIMONY. ALIMONY PENDENTE LITE 17. Plaintiff hereby incorporates by reference all of the averments in paragraphs 1 through 16 of this Complaint. 18. Plaintiff has secured counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. 20. Plaintiff requires alimony following the divorce in order to sustain herself following the divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite during the course of the litigation and alimony following the entry of the divorce decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: May 12, 2009 ic. erer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Cw4tr TW&I" Justina M. a ey 4 (9 oata a ?a FILP TAPY 3 3 SCE ?d a ? j; l?JawGal lay ??`S ck? ?yc y?? w JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - z 3 CIVIL TERM SCOTT L. NEGLEY, CIVIL ACTION-LAW Defendant CUSTODY COMPLAINT 1. Plaintiff is Justina M. Negley, an adult individual who currently resides at 8 Oakhill Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Scott L. Negley, an adult individual who currently resides at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the parents one minor child, namely, Dalton R. Negley, born August 6, 2001. The child was born in wedlock The child is presently in the custody of Plaintiff and Defendant. During the past five years, the child has resided with the following persons at the following addresses: Persons Residences Dates Justina M. Negley Richard Negley Sandy Negley 8 Oakhill Road Carlisle, PA 17015 03/05/09 to present Justina M. Negley 455 Zion Road 08/06/01 to and Scott L. Negley Carlisle, PA 17015 03/05/09 The natural father of the child is Scott L. Negley, currently residing at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania. He is married to the Defendant. The natural mother of the child is Justina M. Negley, currently residing at 8 Oakhill Road, Carlisle, Cumberland County, Pennsylvania. She is married to the Plaintiff. 4. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Names Relationship Dalton R. Negley Son Richard Negley Uncle Sandy Negley Aunt 5. The relationship of the Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Names Relationship Dalton R. Negley Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the parties shared legal and the Plaintiff having primary physical custody and Defendant having partial physical custody of the child. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: none WHEREFORE, Plaintiff requests your Honorable Court to grant her shared legal and shared physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER JJA bj'? V -, 106441 A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Justina M. N ley OF THE 009 1 A Y 21 Pi 1 2: 2 2 p .• JUSTINA M. NE6LEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3243 CIVIL ACTION LAW SCOTTL. NEGI EY IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 30, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court It Special Relief by directs the parties to furnish any and all existing Protection from Abuse orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john j. Mangan, jr., Esq. Custody Conciliator I? TheI with Disabilite available to dis must be made ; conference orl YO' HAVE AN Al FORTH BEL( ourt of Common Pleas of Cumberland County is required by law to comply with the Americans Act of 1990. For information about accessible facilities and reasonable accommodations bled individuals having business before the court, please contact our office. All arrangements least 72 hours prior to any hearing or business before the court. You must attend the scheduled SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT rORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET W TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Z0i f!9:,'t8 Vii; JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - &2q?; CIVIL TERM CIVIL ACTION-LAW ACCEPTANCE OF SERVICE AND NOW, this s2Ya- day of , 2009, I, Kelly Sparvieri, -IVV Esquire, Attorney for Defendant, Scott L. Negley, hereby accept service of the Divorce Complaint. Kelly S i i, Esquire ' cua : . , MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-3243 SCOTT L. NEGLEY, CIVIL - ACTION - LAW Defendant IN CUSTODY NOTICE TO PLEAD TO: Justina M. Negley c/o Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defenda is Answer to Plaintiff's Complaint for Custody and Counterclaim for Primary Physical Custody within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: June 9, 2009 By: KELLY ARVI RI, ESQUIRE Attorney I. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEA Plaintiff CUMBERLAND COUNTY, PENNSY V. NO. 2009-3243 SCOTT L. NEGLEY, CIVIL - ACTION - LAW Defendant IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT FOR CUS7 COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY AND NOW, comes Defendant, Scott L. Negley, by and through his Att Sparvieri, Esquire, and files the following Answer to Plaintiff's Complaint fi Counterclaim for Primary Physical Custody, and in support thereof avers as follow 1. Admitted in part and denied in part. It is specifically denied that PI resides at 8 Oakhill Road, Carlisle, Cumberland County, Pennsylvania. Plaintiff ( at 26 Mowery Drive, Newburgh, Cumberland County, Pennsylvania. 2. Admitted. 3. Admitted in part and denied in part. Specifically, it is denied that t currently resides at 8 Oakhill Road, Carlisle, Pennsylvania. From May 15, 20( present the minor child has resided at 26 Mowery Drive, Newburg, Pennsylvania, 4. Admitted in part and denied in part. Specifically, it is denied that currently resides with Plaintiff, Richard Negley, and Sandy Negley. The minor resides with Plaintiff. Also denied that Plaintiff currently resides at 8 Oakhill VANIA -ney, Kelly A. Custody and intiff currently rrently resides minor child through the Plaintiff. minor child Id currently id, Carlisle, Cumberland County, Pennsylvania. Plaintiff currently resides at 26 Mowery Cumberland County, Pennsylvania. 5. Admitted. 6. Admitted. 7. Denied. It is denied that the best interests and permanent welfare o be served by Plaintiff having primary physical custody and Defendant having r custody. 8. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court c requested relief. COUNTERCLAIM FOR PRIMARY PHYSICAL CUSTODY 9. Paragraphs 1 through 8 of Plaintiffs Complaint and Defendan Counterclaim thereto are incorporated herein as if more fully set forth at length. 10. Defendant seeks primary physical custody of the minor child, De Newburg, ;he child will physical Plaintiff s > Answer and R. Negley, born August 6, 2001. 11. The best interests and permanent welfare of the child will be served by granting the parties shared legal custody and Defendant primary physical custody of Dalton R. Negley. 12. Defendant has not participated as a party or a witness, or in anoth r capacity, in another litigation concerning the custody of the child in this or another court. 13. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. 14. Defendant does not know of a person not a party to the procee ing, who has physical custody of the child or claims to have custody or visitation rights with respect to the child. WHEREFORE, Defendant respectfully requests that this Honorable primary physical custody of the minor child, Dalton R. Negley. Respectfully Submitted: MARIA P. COGNETTI & TES Date: June 9, 2009 By: 1 wj 11j .IkWAiL/oa.( KELLY A. WARVIE4U, ESQUIRE Attorney I. No. 200864 210 Grandview Avenue, Suite 02 Camp Hill, PA 17011 Telephone No. (717) 909-4060 grant him Attorney for Defendant VERIFICATION I, SCOTT L. NEGLEY, hereby verify and state that the facts set forth inl the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: (Y /9/'O? 0/ SCOTT L. CERTIFICATE OF SERVICE I, Kelly A. Sparvieri, Esquire, hereby certify that I served a true and corr ct copy of the foregoing Answer to Defendant's Complaint for Custody and Counterclaim at the address indicated below: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Service by: Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed it Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service x Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: June 9, 2009 By: , KELLY A. ARVIE , ES UIRE Attorney I.D. o. 200864 210 Grandview Avenue, Suite Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 02 F1LIl tF Tr,r- 1-i f HIM J!i l I I Ph I tIn- 5 f ?! PENN'W i L?`^vJ A f VX-41A JUL 0 6 2009 v JUSTINA M. NEGLEY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-3243 Civil Term SCOTT L. NEGLEY Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this U- - day of July 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: This Order is entered pursuant to a Custody Conciliati n Conference. A Custody Hearing is hereby scheduled on the q1 Oday of , 2009 at j 3b , /pm in Courtroom number- in the Cumb and County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal custody: The Mother, Justina Negley, and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Pending further Order of Court, Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from Friday until Monday. C. The parties shall perform the custody location and times by mutual agreement. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 6. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation: This Order based upon the Child's residence in Cumberland County. If either party intends to establish residency a greater distance from where they presently reside and said move would impact the parties' ability to exercise their respective custodial periods, he or she must give to the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order. 11. A status conference with the assigned conciliator is authorized in the event the scheduled custody hearing before the Court is not necessary or proper. Either party by mutual agreement may directly contact the assigned conciliator to schedule a conference. 12. The parties may modify this Order by mutual agreement in writing. In the absence of mutual consent, the terms of this Order shall contra stribution: 11y Sparvieri, Esq., 210 Grandview Ave., Ste. 102, Camp Hill, PA Zj hael Scherer, Esq. 5?ZC J. Mangan, Esq. JUSTINA M. NEGLEY Plaintiff V. SCOTT L. NEGLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3243 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009 with the following individuals participating: The Mother, Justina Negley, with her counsel, Michael Scherer, Esq. The Father, Scott Negley, with his counsel, Kelly Sparvieri, Esq. 3. Mother's position on custody is as follows: Mother maintains that she has been the Child's primary care-giver and desires to have primary custody of the Child. Mother recently separated from Father in March 2009 and lives in Newburg, PA about 20-25 minutes away from Father. Mother's residence is in a different school district from the school district Dalton is now attending. Initially, Mother was ambivalent about Dalton remaining in Big Spring School District versus her school district. However, Mother desires primary custody, so the Child would have to attend her school district. Mother is willing to have a shared custody schedule during the summer, but during the school year, she wants primary and is willing to be liberal with Father for his periods of custody during the school year. Mother offered Father every other weekend and three evenings per week with Dalton. Mother indicates that she works from home and would like to be close to Dalton's school. Mother indicated that driving to Big Spring would be an inconvenience and that Dalton is very adaptable to a new school setting. 4. Father's position on custody is as follows: Father also desires primary custody for the school year. Father indicated that he too would be fine with a shared custody schedule for the summertime. Father indicated that he has adequate child care for the periods of time that he works. Father does not want Dalton to change school districts. Father has some concerns regarding Mother's physical care of Dalton; i.e. grooming and nutritional issues. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one half day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: ` #aong--an, Es ire 1?7 - ncili or f THr* nF 2009 jUL -3 Eli 1: 12 ?, [ n + v ? i_'u 1 JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION SCOTT L. NEGLEY, :PACSES NO. 263110837 Defendant :DOCKET NO. 358 SUPPORT 2009 JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION SCOTT L. NEGLEY, :PACSES NO. 650111054 Defendant :DOCKET NO. 2009-3243 CIVIL ORDER OF COURT AND NOW, this ~' day of August, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's complaint for spousal support and her petition for alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master it is ordered and decreed as follows: 1. The interim order of support entered May 20, 2009 is affirmed as a final order; 2. The Plaintiff's claim for spousal support is dismissed; 3. Effective June 17, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $86.00 per month. By the Court, Cc: Justina M. Negley Scott Negley Kelly A. Sparvieri, Esquire For the Plaintiff Michael A. Scherer, Esquire For the Defendant DRO -~ , ~; •>, ~•,,~ ~. ' . . °~ ;.Er In the Court of Common Pleas of C~E~,~D County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717)240-6225 Fax: (717)240-6248 Defendant Name: SCOTT NEGLEY Member ID Number: 6102102124 Please note: All correspondence must include the Member ID Nmnber. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of MultiQle Cases on Attachment Plaintiff Name JUSTINA M. NEGLEY JUSTINA M. NEGLEY PACSES Docket Case Number Number 263110837 00358 S 2009 650111054 09-3243 CIVIL TOTAL ATTACHMENT AMOUNT: $ 8 6.0 0 Attachment Amount/Freguency $ 486.33 /MONTH $$$ 86.00 MONTH / $ / / / / $ / Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $19.79 per week, or 50 . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, SCOTT NEGLEY Social Security Number XXX-XX-8697 ,Member ID Number 6102102124 OUCB is ordered to remit the amount attached to the Department of Public Welfaze (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arreazages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arreazage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANL7ARY 18, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: v (~ o DRO: R.J. SHADDAY Service Type M Worker ID $ IATT BY THE COURT FiL~=~~_; ,~~ _~~ ,,.: ~ta.~ .. (~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsyjvania CO./City/DISt.Of CUMBERLAND Date of Order/Notice os/o7/o9 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CARLISLE SYNTEC INCORPORATED 1285 RITNER HWY PO BOX 7000 CARLISLE PA 17013-0925 202-58-8697 Employee/Obligor's Social Security Number 6102102124 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mp See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named emptoyee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 443.00 per month in current child support $ 43 .33 per month in past-due child support Arrears 12 weeks or greater? Qyes ®no $ o. oo per month in current medical support $ o. oo per month in past-due medical support $ es . oo per month in current spousal support $ o. oo per month in past-due spousal support $ o. oo per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 572.33 per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 132.08 per weekly pay period. $ 2a6.17 per semimonthly pay period (twice a month) $ 264.15 per biweekly pay period (every two weeks) $ 572.33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. I=r 4374(b)) requires remittance by an electronic uayment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) O~OCIAL SFj URITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MA/L. / / // /I BY THE COURT: ,~ //// , _ X O' /l / /N ~ 263110837 358 S 2009 09-3243 CIVIL OOriginal Order/Notice OAmended Order/Notice O Term i Hate Order/Notice QOne-Time Lump Sum/Notice RE: NEGLEY, SCOTT Employee/Obligor's Name (Last, First, Mp D}ZO: R.J. Shadday // " Form EN-028 Rev.5 Service Type M (/ OMB NO.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If #hecke~l you are required to p nr vide a~opy of t yis form to pour~em~loyee. If ypYry mployee works in a state that is di Brent rom the state that issu this o er, a co must be rovi a to our em o ee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1614498090 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C] EMPLOYEE'S/OBLIGOR'S NAME:PTEGLEY, SCOTT EMPLOYEE'S CASE IDENTIFIER: 6102102124 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT• NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfvom employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Ad (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55°/° and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the tower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M OMB No.: 09740154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment DefendantlObligor: NEGLEY, SCOTT PACSES Case Number 263110837 Plaintiff Name JUSTINA M. NEGLEY Docket Attachment Amount 00358 S 2009 $ 486.33 Child(ren)'s Name(s): DOB DALTON R. NEGLEY 08/06/01 PACSES Case Number 650111054 Plaintiff Name JUSTINA M. NEGLEY Docket Attachment Amount 09-3243 CIVIL$ 86.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.S Service Type M OMB No.: 0970-0154 Worker I D $ IATT •~ P1f ~~ ~r .. ~ ,~,. ~ e, ~~~ i_ L`: L U 7 ~~'_i i.~ 3~ C~ t"1 ~..' ~. J iit ~ ~ t .: JUSTINA M. NEGLEY, , Plaintiff/Petitioner VS. , SCOTT L. NEGLEY, , Defendant/Respondent IN THE COURT OF C011~IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-3243 CIVIL TERM IN DIVORCE PACSES CASE: 650111054 ORDER OF COURT AND NOW to wit, this 13th day of August, 2009, it is hereby Ordered that the Respondent will pay an additional sum of $5.00 per week on the retroactive arrears of $211.58 as of this date. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Michael A. Scherer, Esq. Kelly A. Sparvieri, Esq. Form 0E-001 Service Type: M Worker: 21005 BY THE COt1RT: FIL~f~-t~rr~CE OF THE PFO? ,.~r,'!3TARY 2QQ9 AEG i 7 Phi 2~ 34 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Email: mcognetti@cognettilaw.com 'L.'.._'~._~ .; csl~~;__ ~~ iti~~ ~ Ifv ,erGf C~ A . ~ "~ 1F ~'~4: r Attorneys for Defendant JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v, N0.2009-3243 SCOTT L. NEGLEY, :CIVIL -ACTION -LAW Defendant/Petitioner IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Defendant/Petitioner, Scott L. Negley, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Petition for Emergency Relief, and in support thereof avers as follows: 1. Petitioner, Scott Negley, (hereinafter referred to as "Husband"), Defendant in the above-referenced action, is an adult individual currently residing at 455 Mount Zion Road, Carlisle, PA. 2. Respondent, Justina Negley, (hereinafter referred to as "Wife"), Plaintiff in the above-referenced action, is an adult individual who previously resided at 26 Mowery Drive, Newburg, PA. 3. Husband and Wife are the parents of one minor child, Dalton R. Negley, born August 6, 2001. 4. The minor child is the subject of an Order of Court dated September 17, 2009, which granted the parties shared physical and legal custody. 5. The shared custody schedule is as follows: 70 ~ DD Pce - ~~ ~~~~ a~s3~,~ a) In week one, Wife has physical custody from Monday until Wednesday. Husband has physical custody from Wednesday until Friday. Wife has physical custody from Friday until Monday. b) In week two, Husband has physical custody from Monday until Wednesday. Wife has physical custody from Wednesday until Friday. Husband has physical custody from Friday until Monday. 6. The Order also stated that the minor child would go to school in the Big Spring School District. 7. The parties have followed the schedule set forth in this Order with the exchange of custody occurring at 4:15 p.m. at a point that was halfway between Husband's residence in Carlisle and Wife's residence in Newburg, namely Saylor's IGA Market in Newville (hereinafter referred to as "Saylor's") 8. On or about July 5, 2010, Husband received notice from Wife that she planned on moving out of her residence in Newburg, PA to a residence in Lancaster, PA on July 6, 2010. 9. On or about July 13, 2010, Husband's counsel received a letter from Wife's counsel wherein Wife's counsel advised that Wife had moved back to her home near Ephrata for the summer. No explanation was given as to why Wife decided to move to Ephrata for approximately one and a half months. 10. Wife's counsel also advised that Wife was demanding to exchange custody of the minor child somewhere near the mid-point of Ephrata and Husband's home in Carlisle, namely the Wendy's in Highspire. 11. Previously, the exchange of custody occurred at Saylor's, which was only a ten to fifteen minute drive for Husband. 12. Wife's suggested custody exchange place is approximately a 40 to 45 minute drive for Husband. 13. Thus, Wife now expects Husband to drive an additional 30 minutes to exchange custody simply because she decided to move. 14. Although the Order is silent as to transportation, it is unreasonable for Wife to unilaterally move a great distance away from her previous residence and expect Husband to simply increase his driving time to accommodate Wife's whim. 15. Husband and Wife were scheduled to exchange custody on Wednesday July 14, 2010 for the beginning of Husband's custodial time. 16. Husband notified Wife that he would be waiting at Saylor's to exchange custody. 17. Husband waited for Wife unti14:45. 18. Wife did not show up at Saylor's to exchange custody of the minor child, hence, Husband did not get the child. 19. Husband again drove to Saylor's on Thursday July 15, 2010 to receive custody of the minor child. 20. Wife again did not show up with the minor child. 21. Husband contacted Wife at 4:30 p.m. and was advised that she would not be exchanging custody of the minor child since Husband missed the exchange on Wednesday, July 14, 2010. 22. The next exchange of custody is scheduled to take place on Monday July 19, 2010. 23. Husband believes and therefore avers that the exchange of custody should take place at a point that is only a ten to fifteen minute drive for him, since it was Wife's decision to move to Ephrata. 24. Husband suggests that the exchange occur at Saylor's in Newville or at the Sheetz in Carlisle, located at the intersection between Route 465 and Route 11, which is approximately a ten to fifteen minute drive for him, but is closer to Wife than Saylor's. 25. A hearing is not necessary on this matter. 26. Husband's counsel sent Wife's counsel a letter on July 15, 2010 advising that this Petition would be filed. 27. Husband's counsel spoke with Wife's counsel to determine whether a Petition would be necessary. 28. Wife's counsel believes that Husband should simply give in in order to make this easier for Wife. 29. A copy of this Petition was sent via facsimile to opposing counsel prior to presentation before this Honorable Court. WHEREFORE, Husband respectfully requests that this Honorable Court: a. Order that the exchange of custody either occur at Saylor's or at the Sheetz in Carlisle, located at the intersection between Route 465 and Route 11. b. Grant Husband immediate custody of the minor child to make up for the custodial period that he missed. c. Award counsel fees in the amount of $500.00. d. Such other relief as this Honorable Court deems equitable and just. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Date: July 16, 2010 By: MARIA P. O Attorney I.D. N ESQUIRE 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Emergency Relief at the address indicated below: Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 Service bv' Personal service via hand delivery Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery X Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: July 16, 2010 By: MARIA P~ COG~~TF~TTI, ESQUIRE Attorney LD. No.' X914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW SCOTT L. NEGLEY, Defendant N0.09-3243 CIVIL TERM ORDER OF COURT AND NOW, this 20~' day of July, 2010, upon consideration of Defendant's Petition for Emergency Relief, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1 for an expedited conciliation conference, and the Court Administrator is requested to facilitate this referral. Michael A. Scherer Es . q 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Maria P. Cognetti, Esq. 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Defendant BY THE COURT, ~'"~ ~ ~.~ L--s t ~~ J. Wesley ` , Jr., J. j, Court Administrator ~ /~~ ~~~ `~ ~~~Gfi~ ? "~U -/D ~ o -T~ r - ~ _~ . ~ -~ . 9 ~,~,~ =~ ~.Q --•C. 9~ _ Cv ~'~ rn~~ ?'~al~co ~~ JUSTINA M. NEGLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-3243 CIVIL ACT10N :LAW SCOTT L. NEGLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 21, 2010 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 27, 2010 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By; /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET n~ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~ ~? ~7 r_ _..r Cumberland County Bar Association °>- ~.._ ~t~~ ~.. ,~,,~ _.. -7"doZ -/Q ~~ /~ ~~ ~ ~ ~ 32 South Bedford Street ~ ~ C-?rtx Carlisle, Pennsylvania 17013 a r" r`E~Z~ _ Telephone (717) 249-3166 7 -aa . ~~ `nom ~~~~ tv ~ ~~~' ~~ _= ~:? T ~~ ';i _~_ ;~ ~-, _. -•-, --~C JUL 2 8 2010 ~ JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff v. SCOTT L. NEGLEY Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA rn No. 09-3243 Civil Term ,.,-' ACTION IN CUSTODY , -_; COURT ORDER `` AND NOW, this 2. q r" day of July 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior custody Orders are VACATED and replaced with this Order. 2. Legal custody: The Mother, Justina Negley (N/K/A Justina Neidermyer), and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from Friday until Monday. c. The custody exchange time shall be 4:15 pm and the location shall be at the Wal-Mart parking lot in Silver Springs, PA. This exchange location shall be in effect until school starts for Dalton at N c~:., © ..Y, ~.. ~.::1 ~ } -~~~ ~, . -~: ~.>' ~ ~, the end of August 2010. Thereafter, the parties shall mutually agree on an exchange location. d. The parties may alter the physical custody schedule and exchange time/location by mutual agreement. 4. Dalton shall attend school in the Big Spring School District. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 7. Vacation: Each parent shall have Dalton for up to one full week each summer with three weeks advance notice to the other parent. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered by agreement of the parties pursuant to a custody conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual agreement, the terms of this Order shall control. BY TH COURT °-~,, J. D1atribution: M a Cognetti, Esq., 210 Grandview Ave., Ste. 102, Camp Hill, PA 17011 ichael Scherer, Esq. ~hn J. Mangan, Esq. Q/~a JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff v. SCOTT L. NEGLEY Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3243 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009, an Order was issued July 08, 2009, after hearing an Order was issued September 17, 2009 and a conference was held July 27, 2010 with the following individuals participating via telephone: The Mother, Justina Negley, N/K/A Neidermyer, through her counsel, Michael Scherer, Esq. The Father, Scott Negley, through his counsel, Maria Cognetti, Esq. 3. The parties agreed to the entry of an Order in the form attached. Date: Z ~ lU ~~ ---~_ Jo an ,Esquire Cust y Conciliator G 2NIMAR-8 Ali10:05 PENNSYLVAN A OUNTY MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-3243 CIVIL TERM PACSES NO. 650111054 CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on March 4, 2009 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: y d D L- SCOTT L. NEGLEY ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 09-3243 CIVIL State: Commonwealth of Pennsylvania 263110837 O Original Order/Notice Co./City/Dist. of: CUMBERLAND 358 S 2009 O Amended Order/Notice Datle of Order/Notice: 03/08/11 O Terminate Order/Notice Case Number (See A en for case summary) O One-Time Lump Sum/Notice RE: NEGLEY, SCOTT Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 202-58-8697 CARLISLE SYNTEC INCORPORATED mpoyee igo s ocia ecunty um er 1285 RITNER HWY 6102102124 PO BOX 7000 mp oyee Igor s Case enu ier CARLISLE PA 17013-0925 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support frorrl CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 290.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? O yes O no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support cz $ 86.00 per month in current spousal support -v-g -- { $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) ?D $ one-time lump sum payment C3 -0 j 3 c? -rj r- for a! total of $ 376.00 per month to be forwarded to payee below. 5c rv C:) M You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does =wt m'?c h the Ordered support payment cycle, use the following to determine how much to withhold: $ 86.77 per weekly pay period. $ 188.00 per semimonthly pay period (twice a month) $ 171 s d per biweekly pay period (every two weeks) $ 376.00 per monthly pay period. REOTTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state?of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic RAY-Mont method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a historyof two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Sen check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN A DITION, PAYMENTS MUST INCLUDE THE DEFEN??QQANT' NAME AND THE PACSES MEMBER /D (sho?vn above as the Employeel0bl PROCESSED. DO NOT SEND CASH B? ? a lden 7¢ F) OCIAL SECURITY NUMBER IN ORDER TO BE BY THE COURT: a J. We0by Oler-Jr.; Judge V OMB No : 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3." Re orting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydat /date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the sta of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the wit holding order and forward the support payments. 4.* Em loyee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Ter ination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. PI ase provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1614498090 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: NEGLEY, SCOTT EMPLOYEE'S CASE IDENTIFIER: 6102102124 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: N N ST KNOWN PHONE NUMBER: _ FINAL PAYMENT AMOUNT: ?W` EMPLOYER'S NAME/ADDRESS: 6. Lurr?p Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severar ce pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Lia ility: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Ant discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsy vania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9." Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you ma deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CC PA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state th t issued this order with respect to these items. 11. Send Termination Notice and r correspondence to: MESTIC RELATIONS SECTION N. HANOVER ST Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEGLEY, SCOTT rH s ease Number 263110837 PI in i Name JUSTI A M. NEIDERMYER Docket Attachment Amount 00358 5 2009 $ 290.00 Child( en)'s Name(s): DOB DALTON R. NEGLEY 08/06/01 PACKS Case Number 650111054 Plaintiff Name JUSTINA M. NEIDERMYER Docket Attachment Amount 09-3243 CIVIL $ 86.00 Child(ren)'s Name(s): DOB PA - Number PI intiff N m Dom Attachment Amount $ 0.00 Child(rlen)'s Name(s): DOB PA a Number Plaintiff Namg Do ke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type. M OMB No.: 0970-0154 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 c ? `= Defendant Name: SCOTT NEGLEY MW Member ID Number: 6102102124 ?M = -V Please note: All correspondence must include the Member ID Number. Cn r- _ :p " ?? '0 CD-1- > MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BE v T CDr Financial Break Down of Multiple Cases on Attachment Plaintiff Name UUSTINA M. NEIDERMYER UUSTINA M. NEIDERMYER PACSES Docket Case Number Number 263110837 00358 S 2009 650111054 09-3243 CIVIL TOTAL ATTACHMENT AMOUNT: Attachment Amount/Frequency 290.00 / MONTH 86.00 MONTH 376.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $86.53 per week, or 50.0%, of the Unemployment Compensation benefits otherwise payable to the Defendant, SCOTT NEGLEY Social Security Number XXX-XX-8697, Member ID Number 6102102124. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 18, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: yt4 L e, l v? ( A Form EN-034 Service Type M Worker ID $IATT JUSTINA M. NEGLEY, VS. SCOTT L. NEGLEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-3243 Defendant MOTION FOR APPOINTMENT OF MASTER SCOTT L. NEGLEY Defendant , moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees ?X Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Maria P. Cognetti 2009 3. The staturorv ground (s) for divorce are 3301(c) and 3301(d). 4. Delete the inapplicable paragraph (s): A E1 BE] C ?X a. The action is not contested. b. An aereement has been reached with resnect to the followine claims: C. The action is contested with respect to the following claims: ALL CLAIMS 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days 7. Additional information, if anv, relevant to the motion: Date: Attorney for AND NOW Plaintiff Es`?ire? ?C3 := =rTi X;- T?C5 =c) MARIA P. COGNETTI, ESQUIRE Print Name ORDER APPOINTING MASTER 20 , is appointed master with respect to the following claims: Esquire, '-,-, ?? rt CD c ca -? CD CDC-) D By the Court, F';_FOD-OFFICt pROT!-04,0TAR, tG11; 3:4 ` !j'OERLAIND COUNT' PENNSYLVANIA MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT L. NEGLEY, Defendant DOCKET NO. 2009-3243 CIVIL ACTION -LAW IN DIVORCE INVENTORY OF SCOTT L. NEGLEY Defendant files the following Inventory of all property owned or possessed by either party at the date of separation and all property transferred within the preceding three years. Respectfully Submitted: P. r Date: March 18, 2011 By: MARIA P. COGN fTT 1, ESQUIRE Attorney I.D. No. 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant TES ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. ® 1. Real property ® 2. Motor vehicles ? 3. Stocks, bonds, securities and options ? 4. Certificates of deposit ® 5. Checking accounts, cash ? 6. Savings accounts, money market and savings certificates ? 7. Contents of safe deposit boxes ? 8. Trusts ® 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ? 10. Annuities ? 11. Gifts ? 12. Inheritances ? 13. Patents, copyrights, inventions, royalties ? 14. Personal property outside the home ? 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits-severance pay, worker's compensation claim/award ? 17. Profit sharing plans ® 18. Pension plans (indicate employee contribution and date plan vests) ® 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatured) ? 22. MilitaryNA benefits ? 23. Education benefits ? 24. Debts due, including loans, mortgages held ? 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ? 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All Owners 1. 455 Mount Zion Road Carlisle, PA 17015 Husband and Wife 2. Members 1St Federal Credit Union account #8352 (Checking and Savings) Husband and Wife 3. Members 1" Federal Credit Union account #3233 (Checking and Savings) Husband and Wife 4. M&T Savings account #0936 Husband and Wife 5. 1999 Dodge Ram truck Husband 6. 2007 Saturn Outlook Wife 7. Mass Mutual Life insurance policy #9508 Husband 8. Carlisle Corporation 401(k) Husband 9. Carlisle Corporation pension Husband 10. Appalachian Orthopedic Center 401(k) Wife 3 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Property Reason for Exclusion Number 1. Members 1" Federal Credit Union account #3233 Husband deposited funds to (to the extent Husband made post-separation this account post-separation deposits) 2 I Carlisle Corporation 401(k) (to the extent I Husband deposited funds to Husband made post-separation deposits) this account post-separation 3. Members 1" Federal Credit Union account #8897 This account belongs to the parties' child, Dalton Negley PROPERTY TRANSFERRED Item Description of Date of Person to Number Property Transfer Whom Consideration Transferred NONE LIABILITIES Description of Property I Names of All Creditors Names of All Debtors Mortgage on Marital Residence Wells Fargo Husband and Wife Loan on Saturn Members 1St Federal Wife Credit Union VERIFICATION I, SCOTT L. NEGLEY, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: 311 // SCOTT NE EY CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Inventory at the address indicated below: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Service by: Personal service via hand delivery x Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail Date: March 18, 2011 By: Attorney I.D. No. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant MARIA P. COGNETTI & ASSOCIATES JUSTINA M. NEGLEY, VS. SCOTT L. NEGLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-3243 2009 Defendant MOTION FOR APPOINTMENT OF MASTER SCOTT L. NEGLEY Defendant moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ?X Alimony ? Counsel Fees MX Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Maria P. Cognetti Es'irA--' 3. The staturory ground (s) for divorce are 3301(c) and 3301(d). 4. Delete the inapplicable paragraph (s): A E1 BE] CZ a. The action is not contested. b. An agreement has been reached with respect to the followint, claims c. The action is contested with respect to the following claims: ALL CLAIMS 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 days 7. Additional information, if any, relevant to the motion: Date: `3/a / Attorney for MARIA P. COGNETTI, ES( Print Name ORDER APPOINTING MASTER AND NOW A; 201( _f? - is appointed master with respect to the following claims: rnC aO ?, C ? .. N d Z for i1 !V By the Court, ?yC W Z Maria P. nevi F.? - a Imo""" 3?aa? n? r-' F r-n )cI C C) -1 E CrC-) r yry C7 -n -1 rn-? "V r- C) M© C? =0 Z -=t On „?rln JUSTINA M. NEGLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA n N © CD V. NO. 2009 - 3243 CIVIL TERM m m rn r*s- = SCOTT L. NEGLEY, CIVIL ACTION-LAW Ar- w ;0 Q Defendant r-?,,x o °1? z-n zo w Qm y= NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE ? cn DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 6-2` 11 Michael A. Scherer, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013 (717) 249-6873 JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLZ4SQF ? CUMBERLAND COUNTY, PEN .V&A-+ mw m = r NO. 2009 - 3243 CIVIL TERM r.. ca F nc CD ..{D O I CIVIL ACTION-LAW < -0 a c? s Z- °m Z w xU CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) A notice of intent to serve the subpoena with a copy of the attached subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) No objection to the subpoena has been received; and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve. Mi hael A. Scherer, Esquire Date: 5 ` 2 -- .. '. Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: 717-909-4060 • Fax: 717-909-4068 E-mail: mccounetti@cognettilaw.com Supreme Court ID #27914 Attorney for Defendant/ Petitioner f ?I L { I, f ?i f, L.L`YY t- Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 9 Fax: 717-975-0697 Email: dianeradcliff@comcast.net Supreme Court ID # 32112 Attorney for Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTINA M. NEGLEY, Plaintiff : NO. 200911-3243 V. SCOTT L. NEGLEY, Defendant : CIVIL ACTION - LAW : IN CUSTODY Previously Assigned Judge: The Honorable J. Wesley Oler For Plaintiff/Respondent: Michael A. Scherer, Esquire For Defendant/Petitioner: Maria P. Cognetti, Esquire and Diane G. Radcliff, Esquire DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, this 12th day of August, 2011, comes the Petitioner, Scott L. Negley by his attorney and co-counsel, Diane G. Radcliff, Esquire, and files the above referenced Petition and respectfully represents that: BACKGROUND INFORMATION 1. Your Petitioner is Scott L. Negley (hereinafter referred to as "Father"), an adult individual residing at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015, and is the Defendant in the above captioned case. 2. Your Respondent is Justina A. Negley (hereinafter referred to as "Mother"), an adult individual residing at 729 Bruckman Avenue, Reading, Berks County, Pennsylvania 19605, and is the Plaintiff in the above captioned case. 3. Father and Mother are the biological parents of Dalton Negley, (hereinafter referred to as "Dalton") age, 10, born on August 6, 2001, who is the subject of this Petition. 4. On July 29, 2010 a Custody Order was entered in this case (hereinafter referred to as the "7/29/10 Order") based upon the consent and agreement of the parties reached at a custody conciliation conference held on July 27, 2010. A true and correct copy of the 7/29/10 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. The 7/29/10 Order provides in pertinent part that: (a) The parties share legal custody of Dalton'; (b) The parties share physical Custody of Dalton on a "2-2-3" schedule; (c) Dalton is to attend school in the Big Springs School District. 6. In August, 2010, less than one month following the entry of the 7/29/10 Order, Mother moved to Reading, Berks County, Pennsylvania. 7. When Mother relocated to Reading, Pennsylvania, the parties orally agreed that Father would have primary physical custody and Mother would have partial physical custody on basically an alternating weekend schedule. 8. Pursuant to the parties' mutual agreement, Father exercised primary physical 1 The 7/29/10 order specifically provides that "the parties shall have equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. § 5309 each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the child, and of the other parent. To the extent one Parent has possession of such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." -2- custody of Dalton from August 2010 through July 18, 2011. 9. On or about July 14, 2011: (a) Father found a number of items of trash (empty foot containers and wrappers and the like) in approximately three bags under the bed in Dalton' s room. (b) This caused Father to become concerned because the items could attract insects and because he feared his son might be hoarding. As a result Father told Dalton those items needed to be thrown away. (c) When Father went to remove the trash over Dalton's verbal protests, Dalton told Father that he hated his life. (d) To get his son's attention about the seriousness of those remarks, Father gently tapped Dalton near his mouth with opened fingers and no force whatsoever, telling Dalton that he should not talk that way. (e) Dalton was not hurt nor injured by this action. (f) The rest of the day there were no problems between Dalton and Father and Dalton was his usual happy self. (g) In accordance with the parties' agreement Mother picked up Dalton from Father's home and was to keep him through the weekend. (h) According solely to Mother, at approximately 8:00 p.m when Mother and Dalton were still in her vehicle Dalton allegedly told her that he "told his Dad he hates his life. His father slapped him across the mouth and told him not to say it again and if he does, he will use his fist the next time". 10. Father never "slapped his son" and never threatened that "to use his fist". 11. On Saturday, July 15, 2011, two days after this alleged incident described above: (a) Mother brought Dalton back to Carlisle so that Dalton could participate in his baseball game, for which Father was the assistant coach for Dalton's team. (b) Neither Mother nor Dalton made any comments to Father or others about the incident allegedly described by Dalton. (c) Neither Mother nor Dalton expressed any concerns about Father being around Dalton before, during or after the game. - 3 - (d) The only dispute the parties had at the game was regarding Mother's alleged misappropriation of personal property that had sentimental value to Father. 12. On or about Monday July 18, 2011, Mother filed a Petition for Protection from Abuse on behalf of Dalton (hereinafter "PFA Petition") in Berks County, Pennsylvania, docketed to No. 11-17673#1. A true and correct copy of the PFA Petition is attached hereto, marked Exhibit "B" and made a part hereof. 13. In the PFA Petition Mother mislead the Berks County Court, presumably so she could file the PFA in Berks County instead of the Cumberland County which is and was the County of proper jurisdiction and venue in that matter, in that: (a) Mother falsely stated that Dalton's address was 729 Bruckman Ave, Reading, PA 19605, when she knew Dalton lived primarily with Father at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015; (b) Mother falsely stated that the parties shared physical custody of Dalton when she knew Father had primary physical custody of Dalton. (c) Mother failed to advise the Berks County Court that the alleged incident occurred in Father's home located at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015, and not in Berks County. (d) Mother did not advise the Berks County Court that all of the court actions involving their domestic matters were filed in Cumberland County, PA including this custody action, the divorce action docketed to the same term and number and the support action. (e) Mother did not advise the Berks County Court that the alleged prior acts of abuse were previously addressed in a full custody hearing held in August 2009, after which time Judge Bayley granted the parties shared physical custody; (f) Mother did not advise the Berks County Court that the prior prior acts of abuse were known by Mother prior to her agreeing to the 7/29/10 Custody Order and prior to the August 2010 oral agreement of the parties giving Father primary physical custody of Dalton. 14. On July 18, 2011, without full knowledge of the facts and correct information, and without giving Father the opportunity to be heard, the Honorable Mary Ann Campbell, Judge of the Court of Common Pleas of Berks County, Pennsylvania entered a temporary PFA Order, in which the Berks County Court: -4- (a) Granted Mother temporary custody of Dalton; (b) Stated that the Temporary PFA order superseded the all prior custody orders; (C) Prohibited Father from having any contact with his son, Dalton. 15. Father filed Preliminary Objections to the Protection from Abuse Petition and requested venue be transferred to Cumberland County or, in the alternative, that the Protection from Abuse action be dismissed pursuant to Pa.R.C.P. 2018(a)(2). 16. The Berks County Court hearing on the Preliminary Objections is scheduled for August 29, 2011. 17. Because of the filing of the Preliminary Objections, the Berks County Court hearing on the Protection from Abuse action was not scheduled until September 12, 2011. 18. Father has not been allowed to see or speak with his son since July 16, 2011. 19. Because of the emergency nature of this matter, Mother's counsel has not been contacted prior to this filing. Based on prior conversations, however, it is believed that said counsel will not agree to the Relief requested herein. COUNT I EMERGENCY REQUEST FOR CUSTODY RIGHTS 20. Father incorporates by reference the averments set forth in paragraphs 1 through 18 above the same as of fully set forth herein at length. 21. Father did not and never has abused Dalton, nor caused or threaten to cause him physical harm in any manner whatsoever. 22. The Berks County Court had no jurisdiction to supercede or vacate a Custody Order entered by this Court. 23. Even if Mother's allegations were proven to be true, which they are not, those allegation do not form a sufficient basis to deny Father his custody rights or to vacate or supercede the 7/29/10 Order of Court. 24. Father should not be denied all custody rights with the Dalton. Wherefore, Father requests this Honorable Court to enter an order restoring Father's custody rights with Dalton and to grant him primary physical custody of Dalton child in accordance with the parties' agreement. - 5 - COUNT II EMERGENCY REQUEST FOR ORDER DIRECTING DALTON'S ATTENDANCE AT SCHOOL IN THE BIG SPRINGS SCHOOL DISTRICT. 25. Father incorporates by reference the averments set forth in paragraphs 1 through 23 above the same as of fully set forth herein at length. 26. The child has attended school in the Big Springs School District, Cumberland County, PA for several years 27. The 7/29/11 Order specifically requires Dalton to continue to attend school in the Big Springs School District. 28. Mother does not reside in the Big Springs School District. 29. It is believed that Mother intends on enrolling Dalton in the school district where she resides in Berks County. 30. All of the Dalton's friends live in Cumberland County, Pennsylvania and attend school with him in the Big Springs School District. 31. Dalton is familiar with his school and teachers in the Big Springs School District, and enjoys attending school there. 32. Dalton has never lived in Berks County and has never attended school in Berks County. 33. For stability and continuity, and in his best interest Dalton should continue to attend school in the Big Springs School District. 34. Dalton 's school should not be changed until Father is given the opportunity to have a custody evaluation and proper evidence presented to the court as to his best interests. 35. Mother has not filed any request for Relocation of the child as required by 23 Pa.C.S.A. 5 533, which is a prerequisite to the changing of his residence and schools. Wherefore, Father requests, this Honorable court to enter an Order requiring Mother to keep Dalton in school in his assigned school in the Big Springs School District. -6- COUNT III EMERGENCY REQUEST REGARDING COUNSELING 36. Father incorporates by reference the averments set forth in paragraphs 1 through 34 above the same as of fully set forth herein at length. 37. In direct violation of the legal custody provisions of the 7/29/10 Order, Mother enrolled Dalton in counseling with Christian Services Counseling Center without Father's knowledge or consent. 38. Among other false statements, Mother purposely misled the counseling center by telling them that Father was in violation of a court order requiring him to attend anger management counseling, when there is no Order requiring Father to attend anger management counseling in Berks County or Cumberland County or in any other Court of this Commonwealth. 39. Despite the legal custody provisions in the 7/29/10 Order, The counseling center refuses discuss with Father's legal counsel the information as related to them regarding Dalton's need for counseling 40. Despite the legal custody provisions in the 7/29/10 Order, the counseling center advised Father's counsel that they refused to discuss anything with Father about Dalton over the telephone and insists all discussions with Father be through appointments only. 41. The Counseling Center erroneously insists that they require Mother's consent to speak with Father about anything concerning Dalton and his counseling. 42. Because of Mother's unfounded and unwarranted and yet to be litigated Petition for Protection from Abuse Petition, only Mother has been able to attend counseling sessions with Dalton. 43. The Counseling Center has not spoken with Father to ascertain his perspective on the current situation and have based their counseling on misleading information provided by Mother. 44. Father fears the Counseling Center is counseling both Mother and Dalton and therefore, Dalton cannot receive adequate and independent counseling without a bias towards Mother. 45. Father's counsel has written to and spoken with Mother's counsel on numerous occasions to arrange for independent alternate counseling for Dalton, but this request is repeatedly refused. -7- 46. Father's counsel has advised the counseling center that in the best interest of Dalton, Father has removed his consent for Dalton to continue in a biased counseling situation. 47. Father believes and therefore avers that the best interest of the child will be met by Dalton being seen by a truly independent professional and suggests one of the following or any other independent counselor the parties can agree upon: (a) Jessica Hart, MA, of 3235 North 3rd Street Harrisburg, PA. (b) Anne Suave, Ph.D., of 404 Trindle Road, Camp Hill, PA Wherefore, Father respectfully requests this Honorable Court to enter an Order directing that: (1) Dalton immediately enter into counseling with Jessica Hart, MA or Anne Sauve, Ph.D. or such other counselor upon which the parties may agree. (2) All counseling of Dalton with Christian Services Counseling Center immediately cease; (3) All notes, records and information from Christian Services Counseling Center regarding Dalton be provided to Father or his counsel. Respectfully submitted, dIA CLIFF, ESQUIRE 3 8 Tr' a Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Scott L. Negley August 12, 2011 -8- VERIFICATION I, SCOTT L. NEGLEY, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 1? .. /? DATE: J P SCOTT L. NEGL Y CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Michael A. Scherer, Esquire 19 West Couth Street Carlisle, PA 17013 (Counsel for Respondent) DIA ESQUIRE (A torney R jLIFF, stration No 32112) 3448 rindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Scott L. Negley Dated: August 12, 2011 -10- JUL 2 8 2010 JUSTINA M. NEGLEY N/K/A IN THE COURT OF COMMON PLEAS JUSTINA M. NEIDERMYER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT L. NEGLEY No. 09-3243 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: Edgar B. Bayley, P.J. COURT ORDER AND NOW, this ?Q day of July 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior custody Orders are VACATED and replaced with this Order. 2. Legal custody: The Mother, Justina Negley (N/K/A Justina Neidermyer), and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from. Friday until Monday. C. The custody exchange time shall be 4:15 pm and the location shall be at the Wal-Mart parking lot in Silver Springs, PA. This exchange location shall be in effect until school starts for Dalton at EXHIBIT the end of August 2010. Thereafter, the parties shall mutually agree on an exchange location. d. The parties may alter the physical custody schedule and exchange time/location by mutual agreement. 4. Dalton shall attend school in the Big Spring School District. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 7. Vacation: Each parent shall have Dalton for up to one full week each summer with three weeks advance notice to the other parent. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered by agreement of the parties pursuant to a custody conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual agreement, the terms of this Order shall control. Distribution: BY THE C URT, J. Maria Cognetti, Esq., 210 Grandview Ave., Ste. 102, Camp Hill, PA 17011 Michael Scherer, Esq. John J. Mangan, Esq. TRUE COPY FROM RECORD in Testimony whereof; i ter#unto set my hand and the se ofP"'d CadFSie, Pa. This py of 120 JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff V. SCOTT L. NEGLEY Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-3243 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009, an Order was issued July 08, 2009, after hearing an Order was issued September 17, 2009 and a conference was held July 27, 2010 with the following individuals participating via telephone: The Mother, Justina Negley, N/K/A Neidermyer, through her counsel, Michael Scherer, Esq. The Father, Scott Negley, through his counsel, Maria Cognetti, Esq. 3. The parties agreed to the entry of an Order in the form attached. Date: lU - ?--?_ John an Esquire Cust y Conciliator 201 1 3: oo?M No. 3322 P. 10 PETITION FOXt PROTECTIOAt IN THE COURT OF COMMON PLEAS OF FROM ABUSE BERKS COUNTY, PENNSYLVANIA 0.- Fkst Middle Last Suffix PlahNdf[DM Plaintiffs Address Plalattlrs aiddreas is coatldsndal or ®Pia1e?'s address is: 729 Brockman Ava. Readift ?A IM6 v. 4K Doi rAwf s Addreu: 453 Mt Zion Rd. CarlWa, PA 17015 CAUTIONS Wespon bvolvsd Wtgcm howtt oa the Propsdty Weapon Rsqutatad Ralimp and DZI112NDANT 1111012 RlRR U DO B 9Bti? Ms !liOKT Ind 8 8EX mob W8101tT in RACE Writ f3YM BMWs HAIR Brown UN >D2?RNil7 DRTVE s LRCl 39 d WM DAT13 STATE Debndanrs place otwWWymenc is: Carhft Syntse Ritner Mjbway CarMs, PA 17019 Chock bore Myou haw mum to believe drat Dahadud is a Ummd *owms drier, Is aaployad by a K"and frnsros dalar or manalltobrau; h tsapkyed as a vahn, neowther or teehniaiaa is the lreusm or hunftg industry or is nquimd m oarry a finum AS a oonditim of ampimnent. 3.1 am filing this Pandas on behalf of OMyaalf and/or ®A *fhW Hsrsoo If you ehnked "myself', pleW dMwW all quastiom referring to youmtelf n 'Plain UP. Nyam ONLY obrcked'aoodar pwaan", pion anwvor all questions reAerinE io that psi a1 the "PlaiaWl`, and provide your nano and address ban, as filer, mains confidential. Lost suffix [3PNarr address is eoafidentiai or . ®Pilor'$ address is: 729 Bmakau ¦ Ave., Reading, PA 19909 if yon chocked "Another Perses", hsdioata your ralationahil) with Plaintiff: pwmt of minor Plaids a l(s) appli:savrt Ebr sppoimmant W Rmardiaa ad Iftm tit minor Plaintims) adult housshoid mvmW with minor Plafadifil s) cone appointed pardiaa of hwompetent Plaintiff(s) 4. Name(s) ofALL person(s), including aoinor drildnerd, who Wok protMiolk fmn abM. Ddma Megley EXHIBIT 2-d XUJ 131783Sd1 Jut, 19.• 2011 3: OOPM S. The relationahip between PlainWand Defendant is: [ ] spouse or former spouse of Defendant [ ] parent_of a child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [X] child of Defendant L ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant L ] sibling (person who shares parenthood) of Defendant Defendant is Aot an adult. 6. Defendant has not been Involved in a arizninai court action 7. Plaintiff and Defendant are the parents of the following minor ehild/ren: a Dalton Negley Age:9 Child's address is: 729 Brockman Ave., Reading, PA 19605 No, 3322 P. 11 8. There is an existing court order regarding the custody of Plaintiffs and Defendant's minor children. The terms of the order are: Shared County: Cumberland County Stats: PA 9. The facts of the most recant incident of abuse are as follows: On about Thursday, July 14, 2011 at approximately 8:00PM location: In plaintilr'i vehicle My son told me that he told his Dad hates his life. His father slapped him across the mouth and told him not to say it again and if he does, he will use his fist next time. 10. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ran, (including any thmats, injuries, or incidents of stalling) are as follows: Scott choked me (Justin) twice over two years ago in front of our son. He denies this and says I ass lying. He has threatened to kill me with one of his guns in the past about three years ago. 11. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ran? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor childlran, does Defendant, to the best of your knowledge or belio4 own or 6-d .Jul, 18. 2011 3:00PM No. 3322 P. 12 possess any additional firearm, other weapon, ammunition or any f ream' lioense7 NO (c) If the answer to (b) above is "Yes", list any Additional Stearn, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, wb1ch is incorporated by reference into this petition, (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. 12• The sheriff, police depe?ttuuent or law enforcement agency that should be provided with a copy of the protection order are: Reading Police Dept. 13, There is an Immediate and present danger of fiather abuse from Defendant. 14. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 729 Brockman Ave. Reading, PA 19605 15. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT TEE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant fi'om abusing, threatening, harassing, or stalking Plaintiff and/or the minor ehildh+enn in any place where Plaintiff and/or the ohild/ren may be found, b, Evict/exclude Defendant *om, Plaintiffs residence and prohibit Defendant &= attempting to enter any temporary or permanent residence of Plaintiff. e, Prohibit Defendant from having any contact with Plaintiff and/or the minor child/m, either in person. by telephone, or in writing, personally or through third pcrso including but not limited to any contact at PlainWs school, business, or place employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. The following persons are Plaintiffs relatives or family and household members that Plaintiff believes require protection. $om stalldng and harassment by Defendant, e, Order Defendant to temporarily relinquish some or all of the firearms, other weapons end/or ammunition listed on Attachment A to Petition and any firearm license to the sheriff of this county and/or prohibit Defendant from transferring, acquiring, or possessing some or all firearms for the duration of the order. f. Order Defendant to pay the costs of this action, including filing and service fees. j;, - d •Ju1.*19. 2G11 3:00PM No. ;322 P. 13 g. Grant such other relief as Plaintiff requests and/or the court deems appropriate. h Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. VERMCATION I verify that I am the petitioner as designated In the present action and that the facts and statements contained in the above petition are true and correct to the beat of my knowledge. I understand that any false statements are made subject to the Penalties of IS Pa. C.S.A. §4904, relating to unworn falsification to authorities Date 'PFAD N=ber: DX4395938J Petition Prepared by: JLD Agency: Heirks County Courts s•d ,J ul . 18.. 2011 3 : 00PM ]NcmZNT OF ABUSE SHEET No. 3322 P. 14 1. The facts of the m recent lnclawd of abuse are as follows: *Z Approximate Dater Approxianate Tuna Y Place:I Q IC?. 204 scnbe in detail what happened, including any physical or sexual abuse,, threats, igtW, incidents of stalking, dical treatment sought, and/or calls to law enforcement: :ach additional pews if I/Pif If the Defendant has committed prior acts of abuse against Plaintiff or the minor children, cribe these prior iaddents, including any threats, injuries, or l icidents of stalking, and indicato woximately when such acts of abuse ocourred: ach additional pages if necessary) Y Me?Ik List the dent}fy the police departznent or law enfc vided with a copy of the protection order. rea in which Plaintiff lives that should be 9-d XH3 13rH3SH1 dH Wd92:E TTOZ ST Tnr .,Jul. 18. 2011 3: OOPM P.FA TERMS AND CONDITIONS No. 3322 P. 15 7-MCK TEB FOLLOWING BOXES ONLY IF THEY APPLY TO YOUR CASE AND PROVIDE THE .BQUESTED INFORMATION ]Plaintiff is asking the court to evict and axdlnde the Defendant ftom the following residence: Downed by (list owners, if known): Drented by (list all names, if known): ]Defendant owes a duty of support to Plaintiff sad/or the minor ahildhun. 1PIaintiffhas suffered out-of-pocket financial losses as a result of the abuse described above. hoax loses are: OR THE REASONS SET FORTH ABOVE, I REQUEST THAT TEE COURT ENTER A TEMPORARY IRDER, and .AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CHECK .LL FORMS OF RELIEF REQUESTED): . Restrain Defendant from abasing, threatening, harassing, or stalking Plaintifand/or minor child/ren is i place where Plaintiff maybe found. C.WEV,ctlexcluda Defoadeat from PlaindWs residence and prohibit Defendant from attempting to enter aay or perraanetit residence of the Plaintiff. 1C. Require Defendant to provide Plaintiff and/or minor child/ran with other suitable housing. ID. Award Plaintiff temporary custody of the minor ehild/ren and place the fallowing striations on eontnot between DeforAint and ahildhen: . Prohibit Defendant f},em having any contact with Plaintiff and/or minor ohild/rce, either in person, by t hone, or in wrift personally or through third persons, inoluding but not limited to any contact at aintifPs school, business, or place of employment, except as the court'rany find necessary with respect to rt?al custody and/or visitation with this minor children, F. Prohibit Defendant fi+om having any contact with Plaintiffs relatives and Plaintiffa ehfkiren listed in this b9on, except as the court may find necessary with respect to partial custody and/or visitation with the minor Rdren. Order Defendant to temporarily tam over weapons to the Sheriff of this County and prohibit Defendant nn transferring, aoquhing or possessing any such weapons ibr the duration of the Order. L•d Xd3 13r83SUI dH J;ua. 1$••• 2D11 3:OOPM No. 3322 P. 16 I Order Defendant to pay temporary support for Plaintiff and/or the painor children, including medical rpoit and 0 payment of the rent or mortgage on the residence. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to detewdnod at the hearing. Omer Defendant to pay the costs of this action, hwhxlW faing and service fees, G Order Defendant to pay PlaintiWs reasonable gooney's fees. Order tho following additional relie4 not listed above VI. t such other relief; as the court deans appropriate. . Order the 5herifi~ police, or other law enforcement agency to sern the Defendant with a copy of this futon, any Order issued, and the Order for Hearing. The petitioner will iafozm the designated authority of y addressee, other than Defendant's residenm whore Defendant can be served. VERIFICATION I verify that I am the petitiousc as designated in the present action and that the hots and statements contained the above Petition arc true and oorrect to the best of my knowledge. I urderstand that any false statements o made subjeot to the penalties of Ia Pa.C.S. §4904, relating to unsworn falsification to authorities. n l • B•d XUJ 13rd3SU1 dH WdLa:E Iioa 61 Inc emporary Protection From Abuse Order No: 11-17673#1 Page 1 of 4 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF BERKS FROM ABUSE ORDER COUNTY, PENNSYLVANIA Amended Order Continued Order NO. 11.17673#1 1. First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor children and DOB. Dalton Negley August 6, 2001 V. DEFENDANT Scott Ne e First Middle Last Suffix Defendant's Address: 455 Mt. Zion Rd. Carlisle PA 17015 CAUTION: n Weapon Involved LX Weapon Present on the Property ?X Weapon Ordered Relinquished DEFENDANT ID ENTIFIERS DOB 9/26/1968 HEIGHT 5 ft. 8 m. SEX Male WEIGHT 150 RACE White EYES Brown HAIR Brown SSN 202-58-8697 DRIVERS ICENSE # [L P DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. B Additional findings of this order are set forth below. Order Effective Date July 18, 2011 Order Expiration Date UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition fisted herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. EXHIBIT (L httr?c-//,%xrnxrxxr nfnrl atnta Temporary Protection From Abuse Order No: 11-17673# 1 Page 2 of 4 AND NOW, on 18th Day of July, 2011 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in anyplace where they might be found. 2. Defendant is evicted and excluded from the residence at: 729 Bruckman Ave. Reading, PA 19605 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: . NO CONTACT Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. DALTON NEGLEY The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: GUNS, RIFLES, FIREARMS httnc-//www.nfhd . cta.te_na_u.S/PFADLive/temnorder Temporary Protection From Abuse Order No: 11-17673#1 Page 3 of 4 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Reading Police Dept. 8. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: httnc•//`uunv nfnd ctnte _ emporary Protection From Abuse Order No: 11-17673#1 Page 4 of 4 Mary Ann Campbell JULY 18, 2011 Date This verifies that the above document is on file with the Berks County Office of the Prothonotary. FILED: JUL 18,201110:37 AM Prothonotary's Office of Berks Countv Distribution to: Plaintiff, Defendant, Berks County Prothonotary's Office, Berks County Sheriffs Office, Reading Police Department, Pennsylvania State Police, Attorneys of Record httns-//www.nfad. state. na.us/PFADLive/temnorder JUSTINA M. NEGLEY N/K/A, JUSTINA M. NEIDERMYER, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 4 NO 2009 - 3243 CIVIL TERM 1 = . , IN CUSTODY n' c MOTHER'S PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.C.P. 1915.13 AND NOW, comes Justina Neidermyer, by and through her attorney, Michael A Scherer, Esquire, and respectfully represents as follows: 1. Justina Neidermyer (hereinafter referred to as "Mother") is an adult individual who resides at 729 Bruckman Avenue, Reading, Berks County, PA 19605. 2. Scott L. Negley (hereinafter referred to as "Father") is an adult individual who resides at 455 Mount Zion Road, Carlisle, Cumberland County, Pennsylvania. 3. Mother and Father are the parents of Dalton R. Negley, born 8/06/2001. 4. The parties are governed by an Order of Court dated July 29, 2010 which was signed by the Honorable J. Wesley Oler, Jr. of the Court of Common Pleas of Cumberland County, Pennsylvania. The Order is attached hereto as "Exhibit A." Judge Bayley signed prior Orders of Court in this case. REQUEST FOR CHILD TO ATTEND SCHOOL IN BERKS COUNTY 5. The July 29, 2010 Order gives Father primary physical custody and directs that Dalton attend school in the Big Spring School District. 6. On or about July 18, 2011, Mother filed a Petiton for a Protection from Abuse against Father on behalf of Dalton in the Court of Common Pleas of Berks County. ? 76 00 Pc(- fW /i CK-4 /81-3v R *- - a?. azo8 7. The Honorable Mary Ann Campbell of the Court of Common Pleas of Berks County issued a Temporary Protection from Abuse Order on July 18, 2011, which is attached hereto as "Exhibit B." 8. The Temporary Order prevents contact between Dalton and his Father. 9. Husband's counsel, Maria Cognetti, Esquire, filed Preliminary Objections to the Petition for Protection from Abuse and August 29, 2011 and the hearing on the request for a Final Protective Order is scheduled for September, 2011. 10. School will begin prior to the resolution of the Protection from Abuse case and Mother is unable to drive Dalton to school each day in the Big Spring School District. 11. Mother seeks to enroll Dalton in school in Berks County pending a resolution of the Protection from Abuse case. 12. Father opposes this request. WHEREFORE, Mother respectfully requests that this Honorable Court issue and Order which permits Mother to enroll Dalton in school in Berks County pending further Order of Court. REQUEST TO PERMIT CHILD TO CONTINUE WITH COUNSELING 13. Dalton has engaged in therapeutic counseling dating back to 2009 with Gerald Boggess at the Christian Services Counseling Center on Allen Road, Carlisle, Pennsylvania. 14. Dalton stopped going to counseling in or about 2009. 15. Following the recent incident between Father and Dalton which lead to the Temporary Protective Order, Mother began taking child to counseling with Gerald Boggess at Christian Services Counseling Center again. 16. Gerald Bogess has a professional relationship with Dalton and believes that he can assist Dalton with issues that currently challenge Dalton. 17. Both parents are able to speak with Mr. Boggess regarding their concerns for Dalton. 18. Father's counsel recently wrote Karen Sabatini, Director of Christian Services Counseling a letter revoking Father's consent for Dalton to counsel there. 19. The parties have shared legal custody of Dalton by virtue of the July 29, 2010 Order. 20. Christian Services Counseling will not counsel Dalton given Father's revocation of consent. 21. Father wants Dalton to have to find a new counselor which will delay counseling and which will require Dalton to attempt to develop a new confidential relationship with an alternate counselor. WHEREFORE, Mother respectfully requests that this Honorable Court issue an Order permitting Christian Services Counseling Center to counsel Dalton irrespective of Father's consent. Dated: 0 • 1't Respectfully submitted, BARIC SCHERER LLC Micha A. &re , quire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Justina M. Neidermyer VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: I "' W Justin eide yer CERTIFICATE OF SERVICE I hereby certify that on the m day of S-}- , 2011, I, Andrea M. Ramos, of Baric Scherer LLC, did serve a copy of Mother's Petition for Special Relief Pursuant to Pa.R.C.P. 1915.13, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Maria P. Cognetti, Esquire Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, Pennsylvania 17011 AAA A Andrea M. R os, cretary JUL 2 8 2010 JUSTINA M. NEGLEY N/K/A IN THE COURT OF COMMON PLEAS JUSTINA M. NEIDERMYER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. SCOTT L. NEGLEY : No. 09-3243 Civil Term Defendant : ACTION IN CUSTODY Prior Judge: Edgar B. Bayley, P.J. COURT ORDER AND NOW, this day of July 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: All prior custody Orders are VACATED and replaced with this Order. 2. Legal custody: The Mother, Justina Negley (N/K/A Justina Neidermyer), and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from Friday until Monday. C. The custody exchange time shall be 4:15 pm and the location shall be at the Wal-Mart parking lot in Silver Springs, PA. This exchange location shall be in effect until school starts for Dalton at s "Exhibit A" F f JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff v. SCOTT L. NEGLEY Defendant Prior Judge: Edgar B. Bayley, P.J. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3243 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody o Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009, an Order was issued July 08, 2009, after hearing an Order was issued September 17, 2009 and a conference was held July 27, 2010 with the following individuals participating via telephone: The Mother, Justina Negley, N/K/A Neidermyer, through her counsel, Michael Scherer, Esq. The Father, Scott Negley, through his counsel, Maria Cognetti, Esq. 3. The parties agreed to the entry of an Order in the form attached. Date: &Z- JohI A an , Esquire Cust y Conciliator CONTINUED Temporary Protection From Abuse Order No: I 1-17673# 1 Page 1 of 4 TEMPORARY PROTECTION IN THE COURT OF COMMON PLEAS OF BERKS FROM ABUSE ORDER COUNTY. PENNSYLVANIA Amended Order ® Continued Order NO. 11-17673#1 1. PLAINTIFF Justina Neidermyer 2/25/1974 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Dalton Negley August 6, 2001 V. DEFENDANT Scott Ne le First Middle Last Suffix Defendant's Address: 455 Mt. Zion Rd. Carlisle PA 17015 CAUTION: FlWeapon Involved ?X Weapon Present on the Property nX Weapon Ordered Relinquished DEFENDANT ID ENTIFIERS DOB 9/26/1968 HEIGHT nft. 8 SEX Male WEIGHT 150 RACE White EYES Brown HAIR Brown SSN 202-58-8697 DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ® Additional findings of this order are set forth below. Order Effective Date July 25, 2011 Order Expiration Date UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. '6..I"1.k'E4 HkV ..r a i.,..._„ 4e+.. .. . . YOU ALL T `jlE "Exhibit B" https://www.pfad. state.pa.us/PFADLive/temporder. asp?TempOrderID=3 84185&cmdMov... 7/25/2011 CONTINUED Temporary Protection From Abuse Order No: 11-17673#1 Page 2 of 4 AND NOW, on 25th Day of July, 2011 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: HEARING IS CONTINUED TO MONDAY, SEPTEMBER 12, 2011 AT 9:OOAM IN COURTROOM 4A OF THE BERKS COUNTY SERVICES CENTER. CONTINUED DUE TO PRELIMINARY OBJECTIONS BEING SCHEDULED FOR AUGUST 29, 2011. Plaintiffs request for a continued temporary protection order is granted. 1.Defe ndant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2.Defe ndant is evicted and excluded from the residence at: 729 Bruckman Ave. Reading, PA 19605 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3.Ex cept for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order , Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5.C USTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: . NO CONTACT Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1.DALT ON NEGLEY The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6.FI REARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS https://www.pfad. state.pa.us/PFADLive/temporder.asp?TempOrderID=3 84185 &cmdMov... 7/25/2011 CONTINUED Temporary Protection From Abuse Order No: 11-1767341 Page 3 of 4 Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: GUNS, RIFLES, FIREARMS 7.A cer tified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Reading Police Dept. 8.The sher iff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9.THI S ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. A hearing on this matter is scheduled for the 12th Day of September, 2011, at 9:OOAM in Courtroom 4A, Services Center (or as posted) of the Berks County, 633 Court Street, Reading, PA 19601. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. https:l, www.pfad. state.pa.us/PFADLive/temporder.asp?TempOrderID=3 84185&cmdMov... 7/25/2011 CONTINUED Temporary Protection From Abuse Order No: 11-17673#1 Page 4 of 4 Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. HE CO _ J -? z Mary Ann Campbell Date Distribution to: Plaintiff, Defendant, Berks County Prothonotary's Office, Berks County Sheriffs Office, Reading Police Department, Pennsylvania State Police, Attorneys of Record https://www.pfad. state.pa.usIPFADLiveltemporder. asp`?TempOrderID=3 84185 &cmdMov... 7/25/2011 Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 * Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney and Co-Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant NO. 2009-3243 CIVIL ACTION - LAW IN CUSTODY tom''-?` PRAECIPE TO ENTER APPEARANCE OF LEGAL COUNSEL To the Prothonotary: r? xo `J (7% Please enter the appearance of Diane G. Radcliff, Esquire, as attorney and co- counsel for and on behalf of the Defendant, Scott L. Negley. Papers may be served at the address set forth below qDD11jj#DCLIFF, ESQUIRE Srt ID No. 32112 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Date: August 15, 2011 CERTIFICATE OF SERVICE I Diane G. Radcliff, Esquire, hereby certify that this day I am serving a true and correct copy of the foregoing document upon the person(s) and in the manner indicated below: Michael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (Counsel for Plaintiff) Manner of Service: [ x ] Service by First Class Mail to the person(s) and addressed as indicated above. [ ] Service by Personal Deliver by handing a copy to the person(s) and at the Address indicated above. [ ] Service by Certified Mail, Restricted Delivery, Addressed as indicated above,. The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A". [ ] Service by E-Mail to the person(s) at the email address(es) indicated above. [ ] Service by Facsimile Transmission to the person(s) at the fax number(s) indicated above. . DCLIFF, ESQUIRE ( egistration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant, Scott L. Negley Dated: August 15, 2011 JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-3243 CIVIL TERM G"1 C --a3 rnw ?r r? <Cj PO cnt a? c C1 co Z N „ter ca °o C)m IN RE: DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF; PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 17`h day of August, upon consideration of Defendant's Petition for Emergency Special Relief, Plaintiffs Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and following a telephone conference held on this date with counsel for Defendant in the person of Diane G. Radcliff, Esq., and counsel for Plaintiff in the person of Michael A. Scherer, Esq., in which they presented their respective positions, and it appearing that a temporary protection from abuse order has been entered in Berks County prohibiting contact between Defendant and the parties' child, Dalton Negley (dob. August 6, 2001), but that a hearing on the merits of the petition remains pending in that county, it is ordered and directed as follows: 1. Plaintiffs request that the child be transferred from his present school district in Cumberland County, Pennsylvania, to a school district in Berks County, Pennsylvania, is denied; 2. Both petitions are referred to the custody conciliation process, and the Court Administrator is requested to facilitate this referral; and 3. Nothing in this order is intended to authorize a violation of the terms of the temporary protection from abuse order, or any subsequent order in that case, entered by the Court of Common Pleas of Berks County. waria P. cclyet+i .& Michael A. Scherer, Esq. Attorney for Plaintiff Diane G. Radcliff, Esq. Attorney for Defendant 0 - pat6j Court Administrator -rnc. BY THE COURT, Maria P. Cognetti, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Phone: 717-909-4060 9 Fax: 717-909-4068 E-mail: mccoctnettiCcognettilaw.com Supreme Court ID #27914 Attorney for Defendant/ Petitioner Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 • Fax: 717-975-0697 Email: dianeradcliff@comcast.net Supreme Court ID # 32112 Attorney for Defendant/ Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUSTINA M. NEGLEY, Plaintiff : NO. 20091-3243 V. SCOTT L. NEGLEY, : CIVIL ACTION - LAW : IN CUSTODY Defendant Previously Assigned Judge: The Honorable J. Wesley Oler For Plaintiff/Respondent: Michael A. Scherer, Esquire For Defendant/Petitioner: Maria P. Cognetti, Esquire and Diane G. Radcliff, Esquire DEFENDANT'S PETITION FOR EMERGENCY SPECIAL RELIEF AND NOW, this 12th day of August, 2011, comes the Petitioner, Scott L. Negley by his attorney and co-counsel, Diane G. Radcliff, Esquire, and files the above referenced Petition and respectfully represents that: BACKGROUND INFORMATION 1. Your Petitioner is Scott L. Negley (hereinafter referred to as "Father"), an adult individual residing at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015, and is the Defendant in the above captioned case. 2. Your Respondent is Justina A. Negley (hereinafter referred to as "Mother"), an adult individual residing at 729 Bruckman Avenue, Reading, Berks County, Pennsylvania 19605, and is the Plaintiff in the above captioned case. 3. Father and Mother are the biological parents of Dalton Negley, (hereinafter referred to as "Dalton") age, 10, born on August 6, 2001, who is the subject of this Petition. 4. On July 29, 2010 a Custody Order was entered in this case (hereinafter referred to as the "7/29/10 Order") based upon the consent and agreement of the parties reached at a custody conciliation conference held on July 27, 2010. A true and correct copy of the 7/29/10 Order is attached hereto, marked Exhibit "A" and made a part hereof. 5. The 7/29/10 Order provides in pertinent part that: (a) The parties share legal custody of Dalton'; (b) The parties share physical Custody of Dalton on a "2-2-3" schedule; (c) Dalton is to attend school in the Big Springs School District. 6. In August, 2010, less than one month following the entry of the 7/29/10 Order, Mother moved to Reading, Berks County, Pennsylvania. 7. When Mother relocated to Reading, Pennsylvania, the parties orally agreed that Father would have primary physical custody and Mother would have partial physical custody on basically an alternating weekend schedule. 8. Pursuant to the parties' mutual agreement, Father exercised primary physical 1 The 7/29/10 order specifically provides that "the parties shall have equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa. C. S. § 5309 each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the child, and of the other parent. To the extent one Parent has possession of such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent." -2- custody of Dalton from August 2010 through July 18, 2011. 9. On or about July 14, 2011: (a) Father found a number of items of trash (empty foot containers and wrappers and the like) in approximately three bags under the bed in Dalton' s room. (b) This caused Father to become concerned because the items could attract insects and because he feared his son might be hoarding. As a result Father told Dalton those items needed to be thrown away. (c) When Father went to remove the trash over Dalton's verbal protests, Dalton told Father that he hated his life. (d) To get his son's attention about the seriousness of those remarks, Father gently tapped Dalton near his mouth with opened fingers and no force whatsoever, telling Dalton that he should not talk that way. (e) Dalton was not hurt nor injured by this action. (f) The rest of the day there were no problems between Dalton and Father and Dalton was his usual happy self. (g) In accordance with the parties' agreement Mother picked up Dalton from Father's home and was to keep him through the weekend. (h) According solely to Mother, at approximately 8:00 p.m when Mother and Dalton were still in her vehicle Dalton allegedly told her that he "told his Dad he hates his life. His father slapped him across the mouth and told him not to say it again and if he does, he will use his fist the next time". 10. Father never "slapped his son" and never threatened that "to use his fist". 11. On Saturday, July 15, 2011, two days after this alleged incident described above: (a) Mother brought Dalton back to Carlisle so that Dalton could participate in his baseball game, for which Father was the assistant coach for Dalton's team. (b) Neither Mother nor Dalton made any comments to Father or others about the incident allegedly described by Dalton. (c) Neither Mother nor Dalton expressed any concerns about Father being around Dalton before, during or after the game. - 3 - (d) The only dispute the parties had at the game was regarding Mother's alleged misappropriation of personal property that had sentimental value to Father. 12. On or about Monday July 18, 2011, Mother filed a Petition for Protection from Abuse on behalf of Dalton (hereinafter "PFA Petition") in Berks County, Pennsylvania, docketed to No. 11-17673#1. A true and correct copy of the PFA Petition is attached hereto, marked Exhibit "B" and made a part hereof. 13. In the PFA Petition Mother mislead the Berks County Court, presumably so she could file the PFA in Berks County instead of the Cumberland County which is and was the County of proper jurisdiction and venue in that matter, in that: (a) Mother falsely stated that Dalton's address was 729 Bruckman Ave, Reading, PA 19605, when she knew Dalton lived primarily with Father at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015; (b) Mother falsely stated that the parties shared physical custody of Dalton when she knew Father had primary physical custody of Dalton. (c) Mother failed to advise the Berks County Court that the alleged incident occurred in Father's home located at 455 Mt. Zion Road, Carlisle, Cumberland County, Pennsylvania 17015, and not in Berks County. (d) Mother did not advise the Berks County Court that all of the court actions involving their domestic matters were filed in Cumberland County, PA including this custody action, the divorce action docketed to the same term and number and the support action. (e) Mother did not advise the Berks County Court that the alleged prior acts of abuse were-previously addressed in a full custody hearing held in August 2009, after which time Judge Bayley granted the parties shared physical custody; (f) Mother did not advise the Berks County Court that the prior prior acts of abuse were known by Mother prior to her agreeing to the 7/29/10 Custody Order and prior to the August 2010 oral agreement of the parties giving Father primary physical custody of Dalton. 14. On July 18, 2011, without full knowledge of the facts and correct information, and without giving Father the opportunity to be heard, the Honorable Mary Ann Campbell, Judge of the Court of Common Pleas of Berks County, Pennsylvania entered a temporary PFA Order, in which the Berks County Court: -4- (a) Granted Mother temporary custody of Dalton; (b) Stated that the Temporary PFA order superseded the all prior custody orders; (C) Prohibited Father from having any contact with his son, Dalton. 15. Father filed Preliminary Objections to the Protection from Abuse Petition and requested venue be transferred to Cumberland County or, in the alternative, that the Protection from Abuse action be dismissed pursuant to Pa.R.C.P. 2018(a)(2). 16. The Berks County Court hearing on the Preliminary Objections is scheduled for August 29, 2011. 17. Because of the filing of the Preliminary Objections, the Berks County Court hearing on the Protection from Abuse action was not scheduled until September 12, 2011. 18. Father has not been allowed to see or speak with his son since July 16, 2011. 19. Because of the emergency nature of this matter, Mother's counsel has not been contacted prior to this filing. Based on prior conversations, however, it is believed that said counsel will not agree to the Relief requested herein. COUNTI EMERGENCY REQUEST FOR CUSTODY RIGHTS 20. Father incorporates by reference the averments set forth in paragraphs 1 through 18 above the same as of fully set forth herein at length. 21. Father did not and never has abused Dalton, nor caused or threaten to cause him physical harm in any manner whatsoever. 22. The Berks County Court had no jurisdiction to supercede or vacate a Custody Order entered by this Court. 23. Even if Mother's allegations were proven to be true, which they are not, those allegation do not form a sufficient basis to deny Father his custody rights or to vacate or supercede the 7/29/10 Order of Court. 24. Father should not be denied all custody rights with the Dalton. Wherefore, Father requests this Honorable Court to enter an order restoring Father's custody rights with Dalton and to grant him primary physical custody of Dalton child in accordance with the parties' agreement. - 5 - COUNT II EMERGENCY REQUEST FOR ORDER DIRECTING DALTON'S ATTENDANCE AT SCHOOL IN THE BIG SPRINGS SCHOOL DISTRICT. 25. Father incorporates by reference the averments set forth in paragraphs 1 through 23 above the same as of fully set forth herein at length. 26. The child has attended school in the Big Springs School District, Cumberland County, PA for several years 27. The 7/29/11 Order specifically requires Dalton to continue to attend school in the Big Springs School District. 28. Mother does not reside in the Big Springs School District. 29. It is believed that Mother intends on enrolling Dalton in the school district where she resides in Berks County. 30. All of the Dalton's friends live in Cumberland County, Pennsylvania and attend school with him in the Big Springs School District. 31. Dalton is familiar with his school and teachers in the Big Springs School District, and enjoys attending school there. 32. Dalton has never lived in Berks County and has never attended school in Berks County. 33. For stability and continuity, and in his best interest Dalton should continue to attend school in the Big Springs School District. 34. Dalton 's school should not be changed until Father is given the opportunity to have a custody evaluation and proper evidence presented to the court as to his best interests. 35. Mother has not filed any request for Relocation of the child as required by 23 Pa.C.S.A. 5 533, which is a prerequisite to the changing of his residence and schools. Wherefore, Father requests, this Honorable court to enter an Order requiring Mother to keep Dalton in school in his assigned school in the Big Springs School District. -6- COUNT III EMERGENCY REQUEST REGARDING COUNSELING 36. Father incorporates by reference the averments set forth in paragraphs 1 through 34 above the same as of fully set forth herein at length. 37. In direct violation of the legal custody provisions of the 7/29/10 Order, Mother enrolled Dalton in counseling with Christian Services Counseling Center without Father's knowledge or consent. 38. Among other false statements, Mother purposely misled the counseling center by telling them that Father was in violation of a court order requiring him to attend anger management counseling, when there is no Order requiring Father to attend anger management counseling in Berks County or Cumberland County or in any other Court of this Commonwealth. 39. Despite the legal custody provisions in the 7/29/10 Order, The counseling center refuses discuss with Father's legal counsel the information as related to them regarding Dalton's need for counseling 40. Despite the legal custody provisions in the 7/29/10 Order, the counseling center advised Father's counsel that they refused to discuss anything with Father about Dalton over the telephone and insists all discussions with Father be through appointments only. 41. The Counseling Center erroneously insists that they require Mother's consent to speak with Father about anything concerning Dalton and his counseling. 42. Because of Mother's unfounded and unwarranted and yet to be litigated Petition for Protection from Abuse Petition, only Mother has been able to attend counseling sessions with Dalton. 43. The Counseling Center has not spoken with Father to ascertain his perspective on the current situation and have based their counseling on misleading information provided by Mother. 44. Father fears the Counseling Center is counseling both Mother and Dalton and therefore, Dalton cannot receive adequate and independent counseling without a bias towards Mother. 45. Father's counsel has written to and spoken with Mother's counsel on numerous occasions to arrange for independent alternate counseling for Dalton, but this request is repeatedly refused. -7- 46. Father's counsel has advised the counseling center that in the best interest of Dalton, Father has removed his consent for Dalton to continue in a biased counseling situation. 47. Father believes and therefore avers that the best interest of the child will be met by Dalton being seen by a truly independent professional and suggests one of the following or any other independent counselor the parties can agree upon: (a) Jessica Hart, MA, of 3235 North 3rd Street Harrisburg, PA. (b) Anne Suave, Ph.D., of 404 Trindle Road, Camp Hill, PA Wherefore, Father respectfully requests this Honorable Court to enter an Order directing that: (1) Dalton immediately enter into counseling with Jessica Hart, MA or Anne Sauve, Ph.D. or such other counselor upon which the parties may agree. (2) All counseling of Dalton with Christian Services Counseling Center immediately cease; (3) All notes, records and information from Christian Services Counseling Center regarding Dalton be provided to Father or his counsel. Respectfully submitted, DIA CLIFF, ESQUIRE ` t 344§_ Tra Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Scott L. Negley August 12, 2011 -8- VERIFICATION I, SCOTT L. NEGLEY, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATE: #1 SCOTT L. NEGL Y CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Michael A. Scherer, Esquire 19 West Couth Street Carlisle, PA 17013 (Counsel for Respondent) DIA LIFF, ESQUIRE (A stration No 32112) torney R : 3448 rindle Road Camp Hill, PA 17011 Email: dianeradcliffo-comcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Scott L. Negley Dated: August 12, 2011 -10- JUL 2 8 2010 JUSTINA M. NEGLEY N/K/A IN THE COURT OF COMMON PLEAS JUSTINA M. NEIDERMYER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 09-3243 Civil Term SCOTT L. NEGLEY Defendant : ACTION IN CUSTODY Prior Judge: Edgar B. Bayley, P.J. COURT ORDER AND NOW, this day of July 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior custody Orders are VACATED and replaced with this Order. 2. Legal custody: The Mother, Justina Negley (N/K/A Justina Neidermyer), and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from Friday until Monday. C. The custody exchange time shall be 4:15 pm and the location shall be at the Wal-Mart parking lot in Silver Springs, PA. This exchange location shall be in effect until school starts for Dalton at EXHIBIT the end of August 20 10. Thereafter, the parties shall mutually agree on an exchange location. d. The parties may alter the physical custody schedule and exchange time/location by mutual agreement. 4. Dalton shall attend school in the Big Spring School District. 5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 6. Holidays: The parents shall arrange a holiday schedule as mutually agreed. 7. Vacation: Each parent shall have Dalton for up to one full week each summer with three weeks advance notice to the other parent. 8. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 9. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 10. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 11. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 12. This Order is entered by agreement of the parties pursuant to a custody conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual agreement, the terms of this Order shall control. Distribution: BY THE C 144 Maria Cognetti, Esq., 210 Grandview Ave., Ste. 102, Camp Hill, FA 17011 Michael Scherer, Esq. John J. Mangan, Esq. TRUE COPY.FROM RECORD in Testimony %,Aerbof; l tb*urdo set my hand and the Se of'said rt .' -0arlisle, Pa. This c?y of 20 LIP e, JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff V. SCOTT L. NEGLEY Defendant Prior Judge: Edgar B. Bayley, P.J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-3243 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: 1 • The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009, an Order was issued July 08, 2009, after hearing an Order was issued September 17, 2009 and a conference was held July 27, 2010 with the following individuals participating via telephone: The Mother, Justina Negley, N/K/A Neidermyer, through her counsel, Michael Scherer, Esq. The Father, Scott Negley, through his counsel, Maria Cognetti, Esq. . 3. The parties agreed to the entry of an Order in the form attached. Date: lU John Can Esquire ire Cust y Conciliator Jir. 2011 3:00?M No, 3322 P. 10 PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE BERKS COUNTY, PENNSYLVANIA NO.- Fkx Middle List Suffix Plaintiffs Address! ? Plalatlffa address is coelldondat or ®Plaintl8's address is: 729 Brockman Ave Rudlft PA 1!605 V. List Dabn4aaf a Address: 135 Mt. Zion Rd. CariWa, PA 17016 CAUTION. Weapon involved Weapon Present on the property Weapon Requested Ralimpialsed D>r: INDANT 1! WT IPUM D013 18V1%$ Ml0HT D' SEX Male WMOFIT 160 RACE Wbih ZYM Browne HAIR Brawn SSN 241-6d" " DRIYSRS LIMSE 6 W DATE STATE Detandant's place of cmployment Is: Carlisle Syntse Rftner Highway Carlisle, PA 17016 Check bore if yce have reason to bvWve that Dafisndud Is a lionised lireuma dealer. Is employed by a licensed firrmsms dealer or noaaiafkan er,, is employed as a wrlter, researcher Or technician in the 1lrcu m or hunting industry or is required to carry n fircurn ss a Condition of tngAcyrnmt, 3.1 am filing this Petition oa beAalfofa OMyseif and/or ®AnotherPetsoa If you ehooked "myself', plow answer all questions referrin6 to pursalf as Tlolat[W. If yeti DNLY checked another person", please sower all questions ret wing to that pawn a the "Plaintiff", and provide your name and adtbeaI here, as New, unless eonfrdentfal. pk* Middle Last 8uffix [3 Fnee, address iscoafidential ow , ®Fuces address is: 729 Bruakman Ave. , Resding, PA 19606 if you checked "Mother Person". indioata your relationship with Plaintiff: P parent of minor PlaintUgs) applicant for appointment n guardiso ad lksm of mirror PiaintiMs) aduk household member with minor Plaintiff(s) coast appointed guardian of hmeornpstant Plaintiff(s) 4. Name(s) ofALL pmoa(s), including minor ehfidron, who seek pratoetioa from abuse. Daltea Ne6ley d X1J3 13C213SUI dH WC190 : E 1102 61 i nC J.u1.. ;P.. 1011 3:OOPM No. 3322 P. 11 5. The relationship between PlalnWand Defendant is: ( ] spouse or former spouse of Defendant [ ] parent.of a child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [X] child of Defendant ( ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (person who shares parenthood) of Defendant Defendant is zaot an adult. 6. Defendant has not been involved in a criminal court action 7. Plaintiff and Defendant ere the parents of the following minor children: a. Dalton Negley Age:9 Child's address is: 729 Brockman Ave., Reading, PA 19605 S. There is an existing court Order regarding the custody of Plaintiffs and Defendant's minor children. The terms of the order are: shared County: Cumberiand County State: PA 9. The facts of the most recent incident of abuse are as follows: On about Thursday, July 14, 2011 at approximately $:OOPM location: 1a plaintiffs vehicle My son told me that he told his Dad hates his life. His father slapped him across the mouth and told him not to say it again and if he does, he will use his fist next time. 10. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor chiid/ren, (including any threats, injuries, or incidents of stalking) are as follows: Scott choked tae (Justin) twice over two years ago in front of our son. He denies this and says I amt lying. He has threatened to kill we with one of his guns in the past about three years ago. 11. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor chlld/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor chlld/ren, does Defendant, to the lest of your knowledge or belief, own or E•d Ju_1 "18. 1011 3:OOPM No. 3322 P. 12 P088639 any additional firearm, other weapon, ammunition or any firearri license? NO (c) If the answer to (b) above 18 "Yes", list any additional Sroarm, other weapon or ammunition owned by or In the Possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES NOT request that the court order Defendant to relinquish firearms, other weapons or ammunitlan listed on Attachment A to Petition. 12. The sheriX police department or law enforcement agency that should be provided with a copy of the protection order are: Reading Police Dept. 13. There is an Immediate and present danger of father abuse from Defendant. 14. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 729 Bruckman Ave. Reading, PA, 19605 IS. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORIDER, and AFTER HEARING, A FINAL ORDER T RAT WOULD DO THE FOLLOWING: R- Restrain Defendant from abusing, threatening, harassing, or stalking plaintiff and/or the minor ahild/ren in. any place when plaintiff and/or the oh ld/mn may be found, b, Evict/exclude Defendant $om Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c, Prohibit Defendant from having any contact with Plaintiff and/or the minor child/, either in person, by talophone, or in writing, personally or through third persons, including but not limited to any contact at Plaintif a school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor cbild/ren. The following parsons are Plaintiffs relatives or family and household members that Plaintiff believes require protection from stalling and harassment by Defendant, e. Order Defendant to temporarily relinquish some or all of the firearms, other weapons and/or ammunition listed on Attachment A to Petition and any :firearm license to the sheriff of this county =&or prohibit Defendant ftom transferring, acquiring, or possessing some or all firea= for the duration of the order. f. Order Defendant to pay the costs of this action, including filing and service fees. -& - d J u 1. 2411 3: OOPM No, X322 P. 13 g. Grant such other relief as Plaintiff requests and/or the court deems appropriate. h Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for homing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, VERMCATION I vm* that I am the petitioner as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge Y understand that any false statements are made subject to the Penalties of 18 Pa. C.S.A. 0904, relating to unworn falsification to authorities Date .PFAD Number: DX4395938J Petition Prepared by: JLD Agency: Berks County Courts c - A J.u_1, It. 2011 3: DOPM No. 3322 P. 14 INCIDENT OF AD USE SHEBT 1. The facts of the mo recent inddent of abuse are as follows: -1 Y#?4 Approximate Date: 1 ?t 1 I Approxia mte Time: P1aoe:1 Vey). e lu" cribe in detail what happened, including any physical or sexual abuse,- threats, iRftW, incidents of stalking, kcal treatment sought, and/or calls to law enfoirement: tch additional pages r the Defendant has committed prior acts of abuse against Plaintiff or the minor cWld/ran, ribe these prior incidents, including any threats, injuries, or incida b of stalldng, and indicate oximately when such acts of abuse ocauzred: ch additional page if necessary) L tho police department or law enfc led with a copy of the protection order: area in which Plaintiff lives that should be 1 1 agency in h MV 9 •d Jul. lfi. 2011 3:00PM P.FA TEM WS AND COMMONS No. 3322 P. 15 HECK THE FOLLOWING BOXES ONLY IF 7MY APPLY TO YOUR CASE AND PROVIDE THE BQUESTED INFORMATION IPlaintiff is asking the court to Quiet and exclude the Defendant from the following residence: []owned by (list owners, if known): Cl ted by (Bit all names, if lmown): Defendant owes a duty of support to plaintiff and/or the minor childhm. PIWntiffhas suffered out-of-pocket financial losses as a result of the abuse described above. Lose losses are: )R THEAEASONS SET FORTH ABOVE, I REQUEST MAT TIM COURT ENTER A TEMPORARY tDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING (CH3C1K ',L FORMS OF RELIEF REQUESTED): <. Restrain Defendant $om abusing, threatening, harassing, stalking Plaintiff and/or ' ? plaoe where Plaintiffmay be found. minor cluld/ren in 3. Evict/exelude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any rporary or permanent residence of the Plaintiff. Require Defendant to provide Plaintiff and/or minor children with other suitable housing, ). Award Plaintiff temporary custody of the minor ohildrren and place the following tractions on contact between Defendant and ehlld/ren: ;. Prohibit Defendant from having any contact with plaintiff and/or minor ohild/ren, either in person, by Phone, or in writings personally or through third persons, including but not limited to any contact at ntiff s school, business, or place of employment, except as the court'may find neoessary with respect to dal custody and/or visitation with this minor children. Prohibit Defendant from having any contact with Plaintiff's relatives and PlWztiWs children Ifste d in this lion, except as the court may find necessary with respect to partial oustody and/or visitation with the minor iron. Order Defendant to temporarily turn over weapons to the Sherlffof'this County and prohibit Defendant transferring, acquiring or possessing any such weapons for the duration of the Order. L, • d 4J. 11, Nil 3:OOPM No. 3322 P. 16 i. Order Defendant to pay temporary support for Plaintiff and/or the minor child/m including medical poit and 17 payment of the rent or mortgage on tho residence. Direct Defendant to pay Plaintiff for the reasonable financial losses suffered as the result of the abuse, to. letermined at the hearing. Order Defendant to pay the costs ofthis action, including fling and service fees, Order Defendant to pay Plaintiff's reasonable attorney's fees. . Order the following additional relief, not listed above i. gent such other relies as the court deems approprfata. '. Warr the 5hexifi~ police, or other l'aw enforcement agency to servo the Defendant with it copy of this Lion, any Order issued, and the Order for Hearing. Ile pedtioner will inform the designated authority of addresses, other than Defendant's residence, where Defendant cam be served. VERIFICATION verify that I am the petitioner as designated in the present action and that the facts and statemenu contained Le, abovee Petition am true and correct to the bust of my Imowledge. I understand that any false statements bade subject to the penalties of 18 P&C.S. §4904, relating to unsworn falsification to autboritfes. NiW N Date . V Ali B'd -CMPorary Protection From Abuse Order No: 11-17673# 1 Page 1 of 4 TEMPORARY PROTECTION JJIN THE CO%NSYLV T OF COMMON PLEAS OF BERKS FROM ABUSE ORDER COUNTY, AN IA Amended Order ElContinued Order NO. 11_17673#1 1. First ..r.??.L. 2/25/1974 Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor children and DOB. Dalton Negley August 6, 2001 V. DEFENDANT First Middle Last Suffix Defendant's Address: 455 Mt. Zion Rd. Carlisle PA 17015 CAUTION: Weapon Involved LX Weapon Present on the Property 0 Weapon Ordered Relinquished The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: I M-7 - Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. M Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 2X Additional findings of this order are set forth below. Order Effective Date July 18, 2011 Order Expiration Date UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt,. which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must-be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. Temporary Protection From Abuse Order No: 11-17673#1 Page 2 of 4 AND NOW, on 18th Day of July, 2011 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 729 Bruckman Ave. Reading, PA 19605 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Except for such contact with the minor children as may be permitted under paragraph 5 of this order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. CUSTODY THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY. Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: . NO CONTACT Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. DALTON NEGLEY The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the terms of this order. 6. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant shall relinquish to the sheriff the following firearms licenses owned or possessed by Defendant: GUNS, RIFLES, FIREARMS . .. 1 . 1 1 / - A TT /,______ --j- temporary Protection From Abuse Order No: 11-17673#1 Page 3 of 4 7. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: Reading Police Dept. 8. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriffs office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: -emporary Protection From Abuse Order No: 11-17673#1 Page 4 of 4 Mary Ann Campbell JULY 18, 2011 Date verifies that the above document is on file with the Berks County Office of the Prothonotary :D: JUL 18, 201110:37 AM Prothonotary's Office of Berks Countv Distribution to: Plaintiff, Defendant, Berks County Prothonotary's Office, Berks County Sheriffs Office, Reading Police Department, Pennsylvania State Police, Attorneys of Record JUSTINA M. NEGLEY N/K/A JUSTINA M. IN THE COURT OF COMMON PLEAS OF NEIDERMYER PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANEJ xr m- V. 2009-3243 CIVIL ACTION LAW oQ r-z -+a SCOTT L. NEGLEY ° -0 = O--n IN CUSTODY zo =cam DEFENDANT Paz °?rn ORDER OF COURT AND NOW, Tuesday, August 23, 2011 , upon consideration of the attached Co mplaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 27, 2011 at 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ , john J. Mangan,, jr., Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street. Opt MC91(Pal 7 ?'o?c? Mai/Pd 7? ,!Were //# eo10"W - Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Co P/zy/, JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-3243 CIVIL TERM rnm z"D IN DIVORCE r;t *C w? Z-1 CIO) rat N a, N r? u -! 1 43 PLAINTIFF'S AFFIDAVIT OF CONSENT AND r -' 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 May 29, 2009. 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: Justina M. N dermyer, formerly known as Justina M. Negley JUSTINA M. NEGLEY V. SCOTT L. NEGLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-3243 DIVORCE DECREE AND NOW, __De?c?.. 21' , Zo ll , it is ordered and decreed that JUSTINA M. NEGLEY , plaintiff, and SCOTT L. NEGLEY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims settled per the attached Property Settlement Agreement, dated November 18, 2011. The terms of the parties' Property Settlement Agreement, which is attached hereto, are incorporated herein but not merged herewith. By the Court, w 0ne ? 1a a4 ?? - ?'erf • ?aPy ."' ? ?{o oft 1 l + oo4lae e? (: ?/ r JUSTINA M. NEGLEY, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 3243 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER RELATING TO DEFENDANT'S RETIREMENT PLAN WITH CARLISLE CORPORATION AND NOW, this 9' day of 2012, it is hereby Ordered as follows: 1. This Order is intended to meet the requirements of a "qualified domestic relations order" as defined in Section 414(p) of the internal Revenue Code of 1986 ("Code") and Section 206(d) of ERISA. 2. This Qualified Domestic Relations Order is made pursuant to the Property Settlement Agreement dated November 18, 2011, wherein Plan Participant is sharing a portion of his Carlisle Corporation Employee Incentive Savings Plan with Alternate Payee. 3. This Order is applicable to The Carlisle Corporation Employee Incentive Savings Plan (hereinafter "Plan"). 4. The Plan Participant (hereinafter "Participant") is Scott L. Negley, whose personal information is listed on an Addendum which, for privacy reasons, shall not be included in the filed document recorded of record, but shall be attached hereto after this document is entered as an Order of Court. 5. The Alternate Payee (hereinafter "Alternate Payee") is Tina M. Neidermyer, formerly Tina M. Negley, whose personal information is listed on an Addendum which, for privacy reasons, shall not be included in the filed document recorded of record, but shall be attached hereto after this document is entered as an Order of Court. 6. The Account Administrator is Carlisle Corporation, its successors or assigns. 7. The Participant and the Alternate Payee were married on August 22, 1998, in Carlisle, Cumberland County, Pennsylvania and were divorce on December 29, 20liA the Court of Common Pleas of Cumberland County, Pennsylvania. 8. The Court hereby assigns to the Alternate Payee Sixty Five Thousand Eight Hundred Dollars and Zero Cents ($65,800.00) from the Participant's Plan to be transferred into a separate account established for the Alternate Payee. 9. As soon as practicable after this Order is determined to be qualified by the Account Administrator, such amounts shall be withdrawn from the funds in the Participant's account and invested in such fashion in a separate account maintained for the benefit of the Alternate Payee. On and after the date such account is established the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. 10. Payment of the Alternate Payee's benefit shall be made as soon as administratively practicable after the Order is determined to be qualified. Such request shall be on a form provided by the Account Administrator. Payment shall be made in a single lump sum payment. 11. The Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the Plan, if any, upon the Alternate Payee's death. Any such beneficiary designation shall be made without regard to any designation by the Participant of a beneficiary with respect to the Participant's interest. 12. The assignment of benefits to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will be not entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 13. The Participant, Alternate Payee and the Court intend this Order to be a qualified domestic relations order within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA. Accordingly, this Order shall not require the Plan to provide under any circumstances: (i) any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide benefits in excess of the value of the Participant's account or as of the date the separate account is established for the Alternate Payee; or (iii) benefits that are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. This Order relates to the provision of marital property rights of a former spouse of the Participant and is made pursuant to this State's domestic relations laws. 14. In the event this Order is found by the Account Administrator of the Plan not to be a qualified domestic relations order, the Court shall retain jurisdiction to modify the Order as necessary for the Account Administrator to accept the Order and pay benefits in accordance with its provisions. 15. The assignment made by this Order shall be permanent. On and after the date of this Order, the Participant shall have no further right or interest in the portion of the Participant's account balance which is hereby assigned to the Alternate Payee and the Alternate Payee shall have no right or interest in the portion of the Participant's account balance that is not assigned to the Alternate Payee pursuant to Paragraph twelve (12) above. Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the portion of the Participant's account balance not assigned to the Alternate Payee. 16. The Alternate Payee shall be responsible for the payment of all taxes due on amounts paid to the Alternate Payee. The Account Administrator and trustee of the Plan are hereby authorized to withhold tax as required under law and to report any such withholdings and taxable income to the taxing authorities. J 17. Participant and Alternate Payee, along with their respective counsel, sign this document to indicate their agreement to this Order: Tina M. Neidermyer ? ichael A. Scherer, Esquire 19 W. South Street Carlisle, PA 17013 Attorney for Tina M. Neidermyer Scott L. v Maria P. 90 netti, Esquire 210 Gran iew Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Scott L. Negley BY THE COURT: topes r?; Kcal J II0/I a A ?r Tr r a C) v? N r? 0 ca C7` T". ? ?E V JUSTINA M. NEGLEY N/K/A IN THE COURT OF COMMON PLEAS JUSTINA M. NEIDERMYER CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. SCOTT L. NEGLEY No. 09-3243 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this o' day of May 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. All prior custody Orders are VACATED and replaced with this Order. 2. Legal custody: The Mother, Justina Negley (N/K/A JustinaNeidermyer), and the Father, Scott Negley shall have shared legal custody of Dalton R. Negley, born 08/06/2001. The parties shall have an equal right to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: Mother and Father shall arrange physical custody of Dalton on a repeating two week schedule (2/2/3) as follows: a. In week one, Mother shall have physical custody of Dalton from Monday until Wednesday. Father then shall have custody from Wednesday until Friday. Mother shall then have custody from Friday until Monday. b. In week two, Father shall have physical custody of Dalton from Monday until Wednesday. Mother then shall have custody from Wednesday until Friday. Father shall then have custody from Friday until Monday. C. The parents shall mutually agree upon the exchange time and location. In the absence of agreement, the parties shall meet at 5:30 pm at the Home Depot parking lot in Carlisle. In the event Mother moves closer to Dalton, the parties shall agree to a new location approximately half-way between their residences. d. Each parent shall notify the other if Dalton is picked up directly from school or whether Dalton has taken the bus home. e. The parties may alter the physical custody schedule and exchange time/location by mutual agreement. 4. Dalton shall attend school in the Big Spring School District. 5. Counseling: The parents shall engage Dalton in counseling as necessary or recommended with a mutually agreed upon professional. The cost of counseling, after appropriate payment through insurance, shall be split equally between the parties. 6. The non-custodial parent shall have liberal email/text/telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange a holiday schedule as mutually agreed. In the absence of agreement, the parties shall adhere to the schedule as attached. 8. Vacation: Each parent shall have two non-consecutive weeks of vacation with Dalton when school is not in session (the parties shall mutually agree for either parent to vacation with Dalton when school is in session). The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. Each week shall encompass the selecting parent's regular weekend unless the parents mutually agree with appropriate arrangements being made to switch weeks so that neither party has custody for more than two weekends in a row. 9. Additional Vacation Days: In addition to summer vacation, each parent shall be entitled to exercise up to two periods of additional vacation time each calendar year, consisting of not more than twelve (12) hours to allow the Child to attend a prescheduled family, sporting, cultural or similar event. If possible, the parents shall give at least 21 days' written notice of intent to take the period or periods of additional vacation time to the other parent and shall provide reasonable notice of the events and locations at which the Child will be staying. 10. In the event the custodial parent should take the Child out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 11. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 12. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 13. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Neither parent or third party shall smoke in confined areas when Dalton is in their respective custody. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 14. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non- relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (B) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 15. This Order is entered by agreement of the parties pursuant to a custody conciliation conference. The parties may modify this Order by mutual agreement in writing. In the absence of mutual agreement, the terms of this Order shall control. BY THE OURT, Distribution: J. ? Diane Radcliff, Esq. ? John Kerr, Esq. ? John J. Mangan, Esq. = Cc e rte, lco' ??30 ~r' ?a, f r i OleG ? d _ ??^y `3 2 ? TIMES EVEN ODD HOLIDAYS AND YEARS YEARS SPECIAL DAYS Easter From 7 pm the evening before the Mother Father holiday until 7 pm the day of the holiday Memorial Day From 7 pm the evening before the Father Mother holiday until 7 pm the day of the holiday Independence Day From 7 pm the evening before the Mother Father holiday until 7 pm the day of the holiday Labor Day From 7 pm the evening before the Father Mother holiday until 7 pm the day of the holiday Thanksgiving 1St From 7 pm the evening before the Mother Father Half holiday until 5 pm the day of the holiday Thanksgiving 2n From 5 pm the day of the holiday Father Mother half until 5 pm the day after the holiday Deer hunting From 7 pm the Sunday before the Father Father start of buck season until Tuesday at the start of school (Mother can also request a similar time period to hunt with Dalton) Christmas 1 even From 9 am 12/24 until 4 pm 12/25 Father yrs Christmas 2 even From 4 pm 12/25 until 4 pm 12/26 Mother years Christmas 1 odd yrs 9 am 12/24 until 9 pm 12/24 Father Christmas 2 odd yrs 9 m 12/24 until 4 m 12/25 Mother New Year's From 6 pm 12/31 until 6 pm January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 7 pm the evening before the Mother Mother holiday until 7 pm the day of the holiday Father's Day From 7 pm the evening before the Father Father holiday until 7 pm the day of the holiday Child's Birthday From 9 am until 9 pm Father Mother JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER Plaintiff V. SCOTT L. NEGLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 09-3243 Civil Term ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Dalton R. Negley 08/06/2001 Mother and Father 2. A Conciliation Conference was held on June 30, 2009, an Order was issued July 08, 2009, after hearing an Order was issued September 17, 2009 and a conference was held July 27, 2010, the parties briefly had a conference October 2011 and a conference was held May 22, 2012 with the following individuals: The Mother, Justina Negley, N/K/A Neidermyer, with her counsel, John Kerr, Esq. The Father, Scott Negley, with his counsel, Diane Radcliff, Esq. 3. The parties agreed to the entry of an Order in the form attached. Date: John J. an , Esquire Custody o ciliator N s-i r-4 q--+ C= CY N E N JUSTINA M. NEGLEY N/K/A JUSTINA M. NEIDERMYER, Plaintiff V. SCOTT L. NEGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-3243 Civil Term DIVORCE and CUSTODY ENTRY AND WITHDRAWAL OF APPEARANCES TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Justina M. Neidermyer, in the above-captioned divorce proceeding. Respectfully submitted, a- jog"'l John . Kerr, Esquire Attorney I.D.# 26414 John Kerr Law, P.C. 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Kindly withdraw my appearance on behalf of the Plaintiff, Justina M. Neidermyer, in the above-captioned divorce proceeding. Respectfully submitted, ?ohn err aw. PC 502o Ritter Road Suite 104 Mechanicsburg, PA 17055 PHONE: 717.766.4005 FAx: 717.766.4066 G ?r f Mich . herer, Esquire to MUJ PV -? Baric & Scherer 19 West South Street Carlisle, PA 17013 s (717) 249-6873 - CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry and Withdrawal of Appearances," on the below-named individuals, in the manner indicated: First Class Mail, Postage Prepaid Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Michael A. Scherer, Esq. Baric & Scherer 19 West South Street Carlisle, PA 17013 Maria P. Cognetti, Esquire 210 Grandview Ave. Camp Hill, PA 17011 John M. Kerr, Esquire 5020 Ritter Road Suite 104 ?ohn err a?+'. PC 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PriONE: 717.766.4005 FAx: 717.766.4066 Mechanicsburg, PA 17055 (717) 766-4008 JUSTINA M. NEGLEY n/k/a JUSTINA M. NEIDERMYER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT V. 2009-3243 CIVIL TERM SCOTT L. NEGLEY, Defendant/Respondent IN CUSTODY IN RE: PLAINTIFFS PETITION FOR EMERGENCY OR SPECIAL RELIEF ORDER OF COURT AND NOW, this 26" day of March 2013, upon consideration of the petition and following a phone conference with both counsel, the Custody Order of 30 May 2012 shall remain in full force and effect. The parents are reminded that they shall engage the minor child in counseling as necessary or as recommended with a mutually agreed upon professional. The cost of counseling, after appropriate payment through insurance, shall be split equally between the parties. If the parties cannot agree upon a counselor, a motion shall be submitted to the court requesting the court make a selection of a counselor. The court will then issue an order giving the parties time to present their individual selection with resume, and fee schedule from which the court will decide on a counselor without a hearing. -COURI—_ Thomas Placey P. zx Distributiom John M. Kerr, Esq. C7 Diane G. Radcliff, Esq,