HomeMy WebLinkAbout04-5884ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife
Plaintiffs
V.
MAILE ALCISTO
Defendant
and
BRADLEY SCHAEFFER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
: No. Oq- t
: IN CUSTODY
.,
COMPL&INT FOR CUSTODY
AND NOW, Plaintiffs fde a Complaint to Confirm Custody against Defendants and
in support thereof, avers the following:
1. Plaintiffs are in locopar~ntis physical custodians who currently reside in New
Cumberland, Pennsylvania.
2. Defendant, Maile Alcisto, is biological mother who currently resides at 1470 Bear Cat
Cove, Auburn, Pennsylvania, 17922.
3. Defendant, Bradley Shaeffer, is the biological father who currently resides at 1470
Bear Cat Cove, Auburn, Pennsylvania, 17922.
4. Plaintiffs seek to confirm physical custody with them of the following child:
Matthew John Alcisto, New Cumberland, Pennsylvania, DOB 10/21/2004.
The Child is presently in the custody of Robert and Janet Neidig who currently
reside in New Cumberland, County of Cumberland, Pennsylvania.
During the past five years the child resided with the following persons:
Robert and Janet Neidig, New Cumberland, Pennsylvania - from birth to
present.
The mother of the child is Maile Alcisto, who currently resides at 1470 Bear Cat
Cove, Auburn, Pennsylvania.
She is single.
The Father of the child is Bradley Schaeffer, who currently resides at 1470 Bear Cat
Cove, Auburn, Pennsylvania.
He is single.
5. The relationship of the Plaintiffs to the child is that of in locoparentis custodians as
per Custody Agreement between the Plaintiffs and biological mother, who is a minor. But
the Custody Agreement was approved by her legal guardian, the maternal grandmother. The
Plaintiffs currently reside together with the minor child.
6. The relationship of the Defendants to that of the child is that of biological patents.
Defendants currently reside with the following persons:
Beverly and Dante Alcisto - Mother's parents.
7. Plaintiffs have not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or in another Court.
8. Plaintiffs have no information of a custody proceeding concerning the child pending
in a Court of this Commonwealth. Plaintiffs do 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.
9. The best interest and permanent welfare of the child will be served by granting the
relief requested because the minor child was voluntarily placed in the custody of the
Plaintiffs for care and decision making by the biological patents through a Custody
Agreement with the mother, as well as the signing of a document by both parents allowing
the child to be removed from the hospital into the custodianship of the Plaintiffs. At the
time of the child's birth, the mother was age 16 and the father was age 22, and it appears that
the child may have been born of a relationship that could be considered a statutory rape, as it
appears that the sexual relationship between the biological mother and biological father was
occurring when the mother was age 15 and the father age 21. Also, since the Plaintiffs took
custody of the minor child, the biological mother has made absolutely no contact with the
Plaintiffs concerning the welfare of the child and has not telephoned personally, written
letters, or requested a visit with the child. The Plaintiffs are concerned that the child will be
required to live in the home of the maternal grandparents who have given permission for a
continued sexual relationship between the biological mother and the biological father and
the grandparents had knowledge of this relationship when the mother was under the age of
16 and may have encouraged it. Also, there is some concern that the biological mother may
have significant health problems and/or drug/alcohol problem as there was a refusal to
provide information concerning the mother's health to the custodians of the child. These
facts show that the granting of the relief requested would be in the best interest and
permanent welfare of the child, Matthew John Alcisto.
10. Each patent whose parental rights to the child have not been terminated and any
person who has physical custody of the child have been named as parties in this action. All
other persons, named below, who may have a claim regarding the child will be given notice
of the pendency of this action and the right to intervene:
Beverly and Dante Alcisto - 1470 Bear Cat Cove, Auburn, Pennsylvania.
These individuals are the legal guardians of the mother who is a minor.
WHEREFORE, Plaintiffs respectfully request that this Honorable court enter an
Order confirming primary physical custody of the child and allow partial physical
custody/visitation with the Defendants as appro.~n~te.
I
R~Sectfully submitted,
510 Maha-atrmgo Street
Pottsville, PA 17901
570-622-219£
ID # 46367
I vCril'y that tim slidclnellls ll~a¢lO iII tifi~ I)lcmlit,g m'e Im~: iu~d cm'rc~:l in
part upon my persontd knowledge and in pZll'l tllmn ktmwlcdgt: mul be, Iici:
ROBERT D. NEIDIG AND
JANET R. NEIDIG, HIS WIFE,
PLAINTIFF S/RE SPONDENT S
MAILE ALCISTO,
DEFENDANT/PETITIONER
AND
BRADLEY SCHAEFFER,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 04-5884 CIVIL TERM
PRAECIPE TO DISCONTINUE HEARING
AND NOW comes Defendant/Petitioner, Maile Alcisto, by and through her attorney,
Megan Riesmeyer, and states the following:
1. On October 21, 2004, above-named Petitioner gave birth to Matthew John Alcisto.
On October 22, 2004, Petitioner and Respondents signed a Custody Agreement
giving Respondents temporary custody of the child.
On November 11, 2004, Petitioner withdrew her consent to allow Respondents to
have custody of the child through a letter sent from her attorney to Respondents'
attorney.
On November 18, 2004, Respondents filed a Complaint for Custody requesting the
Court to enter an Order confirming Respondents' custody of the child.
On November 23, 2004, Petitioner filed an Answer to Custody Complaint and a
Petition for Special Relief requesting this Honorable Court to order the immediate
return of the child to Petitioner's care and custody.
On November 23, 2004, this Honorable Court entered an Order scheduling a
hearing on the Petition for Special Relief for December 3, 2004 at 9:00 a.m. in
Courtroom Number 2.
On November 26, 2004, Petitioner and Respondents entered into a Custody
Agreement (see attached Exhibit A) returning custody of the child back to
Petitioner. Said Agreement has been filed contemporaneously with this Praecipe.
There no longer exists a need for the custody heating on the Petition for Special
Relief scheduled for December 3, 2004 at 9:00 a.m.
WHEREFORE, Petitioner respectfully requests that the hearing scheduled for December
3, 2004 at 9:00 a.m. be discontinued as Petitioner now has custody of her child.
Respectfully submitted,
Law Offices ofLopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife,
Plaintiffs
Vo
MAILE ALCISTO,
Defendant
BRADLEY SCHAEFFER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.
IN CUSTODY
CUSTODY AGREEMENT
THIS CUSTODY AGREEMENT, executed this ~4~ day of ~4c>~/~ ,
2004, between Janet and Robert Neidig, of Cumberland County, Pennsylvania, hereinafter called
"Custodians" and Maile Alcisto, of Schuylkill County, Pennsylvania, hereinafter called "Parent".
WHEREAS, Parent granted Custodians temporary custody of Matthew John Al¢isto, aka
Baby Boy Alcisto, bom October 21, 2004, by Agreement dated October 22, 2004;
WHEREAS, Parent desires to terminate Custodians' temporary custody of Matthev~ John
Alcisto.
AND NOW, THEREFORE, it is agreed as follows:
1. Custodians agree to transfer Matthew John Alcisto to Parent;
2. Parent acknowledges that Matthew John Alcisto has been returned to her in a healthy
condition;
3. As of the date of this Agreement, Custodians are not responsible to maintain medical
insurance for Matthew John Alcisto.
4. In the event Parent decides to place Matthew John Alcisto for adoption or place the
child in the custody of any other party, Parent agrees that Parent shall contact Custodians and
shall give Custodians the first right of refusal to adopt the minor child and/or to be custodians of
the minor child.
5. Parent shall indemnify and hold Custodians harmless for any reason whatsoever with
regard to Matthew John Alcisto.
6. Parent is responsible for all expenses and costs for the child including medical
insurance and Custodians are not required to pay or reimburse Parent for any costs, expenses or
obligations whatsoever.
7. This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
8. The parties agree that this stipulation shall be entered as an Order of Court.
9. In the event either party breaches the terms of this Agreement or does not comply with
the terms of this Agreement, the party breaching the Agreement or not complying with the terms
of this Agreement shall pay the attomey fees of the other party to this Agreement.
10. Custodians will share all information concerning Matthew John Alcisto's
pediatrician visits to Parent.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
t WITNESS
~/ WITNESS
Wm,4ESS
WITNESS
Mai4~'Alcisto, Parent~
,, .,,,B'e'verly Ale i~,,d~ Par,,ent ,s L,eg,,al Guardian
Robert D. Neidig, Custodian
et R. Neidi~, (!,usto~an
(SEAL)
(SEAL)
(SEAL)
(SEAL)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife,
Plaintiffs
VS.
MAILE ALCISTO,
Defendant
and
BRADLEY SCHAEFFER,
Defendant
No. o q -
: IN' CUSTODY
ANSWER TO COMPLAINT FOR CUSTODY
NOW comes Defendant, Maile Alcisto, by and through her attorney, Megan Riesmeyer of
the Law Offices ofLopezNeuharth LLP, and in response to the Complaint for Custody filed
against her states the following:
1. Admitted. By way of further answer, Plaintiffs are the temporary custodians of the
child at issue.
2. Admitted.
3. Denied. Defendant, Bradley Schaeffer, currently resides at 2482 Pappoos Drive,
Auburn, Schuylkill County, Pennsylvania 17922.
4. Admitted in part and Denied in part. Defendant, Bradley Schaeffer, currently resides at
2482 Papoos Drive, Auburn, Schuylkill County, Pennsylvania 17922.
5. Admitted. By way of further answer, the Custody Agreement signed by the parties
(attached as Exhibit A) allowed for the Plaintiffs to have temporary custody of the child until
"further decisions concerning the welfare and custody of said chiild can be determined." Said
custody agreement was signed by the parties October 22, 2004, less than 24 hours after the birth
of the child.
6. Admitted in part and Denied in part. Defendant Maile Alcisto resides with Beverly and
Dante Alcisto. Defendant Bradley Schaeffer resides with his parents, Janice and Stanley Minnich.
Defendants do not reside in the same home together.
7.Admitted.
8. Admitted.
9. Admitted in part and Denied in part. The best interest and permanent welfare of the
child will not be served by granting the relief requested.
a) Admitted that the minor child was placed in the custody of the Plaintiffs for
care and decision making by the biological parents through a Custody Agreement (Exhibit A) with
the mother, as well as the signing of a document by both parents, allowing the child to be removed
from the hospital into the custodianship of the Plaintiffs. Denied that the custody agreement was
signed voluntarily by the Mother. The parties involved signed the custody agreement less than 24
hours after the birth of the child and Mother was under great duress. Under Pa.C.S. 23 {}2711
(c), "no consent shall be valid if it was executed prior to or with:in 72 hours after the birth of the
child." While this section refers specifically to consents to adop'tion, the purpose of the statute
was to ensure voluntary, intelligent and deliberate decision-making by the Mother. By obtaining a
consent for custody within 72 hours of the child's birth, the validity of the Custody Agreement
falls into question.
Further, Mother has exercised her right under paragraph four (4) of the custody agreement
to revoke her consent to allow Plaintiffs to have custody of the child. In a letter dated November
11, 2004 (Exhibit B), Mother, through her former attorney, informed Plaintiffs of her desire to
revoke any and all consents to adoption and/or consent to Plaintiffs retaining custody of the minor
child. Therefore, assuming the validity of the Custody Agreement, Mother has exercised her right
under that Agreement to have the safe return of the child to her care. To date, Plaintiffs have
refused to comply with Mother's request, and are therefore in violation of the Custody Agreement
they are now attempting to enforce.
b) Admitted that Mother was 16 years old at the time of the child's birth, as her
date of birth is January 9, 1988. Denied that Father was 22 years old at the time of the child's
birth. Father was 21 years old at the time of the child's birth as his date of birth is March 14,
1983.
c) Denied that Mother and Father were ages 15 and 21 at the time of the child's
conception. The child was conceived in or around February of 2004. At this time, Mother was
16 years old and Father was 20 years old. This age difference is not statutory rape as the
definition for statutory rape states, "a person commits a felony of the second degree when that
person engages in sexual intercourse with a complainant under the age ofl6years and that
person is four or more years older than the complainant and the complainant and the person are
not married to each other." Pa.C.S. 18 {}3122.1 (emphasis added) As Mother was 16 years old
when the child was conceived, there are no grounds for statutory rape.
d) Denied that Mother has had no contact with Plaintiffs concerning the welfare of
the child since Plaintiffs have had the child. During the first week the child was with Plaintiffs,
Mother or Maternal Grandmother contacted Plaintiffs each and ,every day. After approximately
one week, Plaintiffs told Mother and Maternal Grandmother not to call anymore. On November
1, 2004, Mother and Maternal Grandmother began proceedings to obtain the child from Plaintiffs,
and therefore had very limited contact with Plaintiffs. Beginning; on or about November 15, 2004,
Mother and Maternal Grandmother again resumed attempts to contact Plaintiffs regarding the
child. Plaintiffs, however, continued either to tell Mother and MIaternal Grandmother not to call,
or would be very short with Mother and Maternal Grandmother and not reveal information
regarding the child other than to say the child was fine. Further, on November 19, 2004, Mother
and Matemal Grandmother, assisted by a Pennsylvania State Constable, went to the home of
Plaintiffs in an attempt to regain custody of the child. Plaintiffs ~:efused to hand over the child to
the Constable without a Court Order directing them to do so.
e) Denied that Maternal Grandparents have given permission for a continued
sexual relationship between Mother and Father. While Maternal. Grandparents did have
knowledge of a relationship between Mother and Father prior tc, the discovery of Mother's
pregnancy, Maternal Grandparents did not have knowledge that the relationship was sexual in
nature. Further, once Maternal Grandparents learned of Mother's pregnancy, they forbid any
further relationship of any kind between Mother and Father. Maternal Grandparents never
encouraged a sexual relationship between Mother and Father.
f) Denied that Mother has any health problems o1' drug/alcohol problems. Further
denied that Mother refused to provide information regarding her medical health. Mother was
prepared to offer such information at such time as was necessary, specifically, at such time as any
adoption process was finalized.
g) By way of further answer, biological father/Defendant, Bradley Schaeffer, has
indicated to Mother's attorney his desire that Plaintiffs no longest have custody of the child and
that the child be returned to Mother's care and custody.
10. Admitted.
WHEREFORE, Mother, through her legal guardian, Beverly Alcisto, respectfully requests
this Honorable Court to dismiss Plaintiffs' Complaint for Custody and to grant sole physical and
legal custody to Mother and Father. Further, Mother respectfull.y requests that this Honorable
Court direct Plaintiffs to desist in any further action with regard to attempts to obtain custody or
to adopt this child.
Respectfully submitted,
M~gan t~esmeyer' v .
Attorney for Defendant, Maile Alcisto
PA ID # 92411
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
VERIFICATION
I, Megan Riesmeyer, of the Law Offices of LopezNeuha~h, LLP verify that the statements
contained in the above Answer are true and correct to the best of my knowledge. The
information is based upon conversations with and documents obtained from Defendant Maile
Alcisto's legal guardian, Beverly Alcisto. This verification is ma.de pursuant to Rule 1024 (c)(2)
of the Pennsylvania Rules of Court since Petitioner is out of Cumberland County and her
verification cannot be obtained in a timely manner. I understand that any false statements are
made subject to the penalties of 18 Pa.C S. §4904, relating to unsworn falsification to authorities.
Date:
smeyer ~
Attorney for Defendant Maile Alcisto
Law Offices ofLopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
?rom 11111111111111111111 to 1(717)258-9993 at 11/10/04 12:59 PM 003/004
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From 11111111111111111111 to 1(717)258-9993 at 11/10/04 12:59 PM
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004/004
EXHIBIT B
From 002/007
11111111111111111111 to 1(717) 258-9993
KRASNO, KRASNO & ONWUDINJO
at 11,/22/04 8:28 AM
LAW OFFICES -,o~o~o ~g~6. ~
-fSADOREE, KRASNO~
1936 ~ ~03
I. ES TER KRASNO
ANDREW C. ONWUDINJO
ROCHELLE D. QUtGGLE
DE~RA A, SM~TN
CHRISTOPHER M, RIEO£tNGER
EILEEN A, POMENTO
MICHEL£E A. JONES
JASON KRASNO
DAVID M. KRAFT
tP tIN MOHA MEg
SUSAN M. HENRY
Pottsville Law Building
400 Norlh Second Street
Pottsville, PA '17901-2528
570-622-6297
(FAX)
ematl: krasno~kras~o.conl
Lynne G. Bres .,~Esquire
510 Mahant~;~go Slreet
Pottsville~?B'A 17901
· " RE: My Client:
Your Clients:
November 11, 2rd104
Maile Alcisto
Janet and Robert Neidig
Dear I..ynne;
This letter is to inform you that my client is no longer interested in an adoption of
her child By this lei[er, Maile Alcisto hereby revokes aqy and all consents to adoption
and/or consents to the Neidig's retaining the custody of the minor child,
I am requesting that the child be returned to the Mother immediately and
amicably'. The return of tho child may be arranged directly by the parties or via the
a{torneys whichever you/your cliems would prefer. I woukt ~pprecial. e your cooperation
in oxpediling the conclusion of this matter.
Very truly yours,
Debra A. Smith
ldas ,~//
CC: Ms Beverly AlcJsto
ALLENTOWN . BLOOMSBURG. HARRISBURG - PHILADELPHIA . READING
ROBERT D. NEIDIG AND
JANET R. NEIDIG, HIS WIFE,
PLAINTIFFS/RESPONDENTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vo
MAILE ALCISTO,
DEFENDANT/PETITIONER
AND
BRADLEY SCHAEFFER,
DEFENDANT
04-5884 CIVIIL TERM
ORDER OF COURT
AND NOW, this ~"f day of November, 2004, a hearing on the
petition of Maile Alcisto for special relief shall be conducted in Courtroom Number 2,
Cumberland County Courthouse, Carlisle, Pennsylvanis~, at 9:00 a.m., Friday,
December 3, 2004.
Edgar B. Bayle~,
:sal
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife,
Plaintiffs/Respondents
VS.
MAILE ALCISTO,
Defendant/Petitioner
and
BRADLEY SCHAEFFER,
Defendant
No. Oq -$/~(~ q
IN CUSTODY
NOV
ORDER
AND NOW, this day of ,2004, it is hereby
ordered and directed that Matthew John Alcisto, bom October ,. 1, 2004, be returned to the care
and custody of his mother, Maile Alcisto.
By the Court,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife,
Plaintiffs/Respondents
VS.
MAILE ALCISTO,
Defendant/Petitioner
and
BRADLEY SCHAEFFER,
Defendant
N4~.
IN CUSTODY
PETITION FOR SPECIAL RELIEF
Defendant/Petitioner, Maile Alcisto, through her legal guardian Beverly Alcisto, and their
attorney, Megan Riesmeyer of the Law Offices of LopezNeuharth LLP states the following:
Petitioner is the above named Defendant, (Mother) and currently resides at 1470
Bear Cat Cove, Auburn, Schuylkill County, Pennsylvania, 17922.
Respondents are the above named Plaintiffs, (Custodians) and currently reside at
755 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070.
Mother is the biological mother of Matthew John Alcisto, born October 21, 2004.
Custodians are the current custodians of the child.
On October 22, 2004, Mother and Custodians signed a Custody Agreement giving
Custodians temporary custody of the child. (See attached Exhibit A)
On November 11, 2004, Mother, through her former attorney, sent a letter to
Custodians' attorney stating that she revoked her consents to adoption and/or
consents to Custodians retaining custody of the child, and requesting return of the
child immediately. (See attached Exhibit B)
On November 18, 2004, ignoring Mother's request for the return of the child,
Custodians filed a Complaint for Custody requesting the Court to enter an Order
confirming Custodians' custody of the child.
7. Mother, through her legal guardian, has filed an Answer to that Complaint
contemporaneously with the filing of this Petition for Special Relief and has
requested that this Honorable Court dismiss Plaintiffs' Complaint for Custody and
grant sole physical and legal custody to Mother and the child's biological father.
Further, Mother requested that the Court direct ?laintiffs to desist in any further
action with regard to attempts to obtain custody or to adopt the child.
It is in the child's best interest to be in the custody of Mother for reasons including
the following:
a) The child was born October 21, 2004. Not even 24 hours later, on October 22,
2004, Mother signed a Custody Agreement (Exhibit A) allowing Custodians to
have temporary custody of the child. This Agreement is not valid for the reason
that Mother was under great duress at the time She signed the Agreement, having
just given birth. Under Pa.C.S. 23 {}2711 (c), "no consent shall be valid if it was
executed prior to or within 72 hours after the birth of the child." While this
section refers specifically to consents to adoption, the purpose of the statute is to
ensure voluntary, intelligent and deliberate decision-making by the Mother. By
obtaining a consent for custody within 72 hours of the child's birth, the validity of
the Custody Agreement falls into question, and presumably is not present.
b) Since November 1, 2004, Mother and Maternal Grandmother have been making
attempts to regain custody of the child. Under paragraph four (4) of the Custody
Agreement, Mother can revoke at any time her consent to give custody to
Custodians. Further, paragraph two (2) of the Agreement assumes that the
Agreement may be terminated "either by return of said chiM or until such time as
parental rights are terminated by a Court Order." (emphasis added) Therefore,
when Mother decided she no longer consented to Custodians having custody of
the child and wanted the child returned to her care and custody, she, through her
former attorney, informed Custodians of her deci.sion through a letter to
Custodians' attorney. In a letter dated November 11, 2004 (Exhibit B) Mother
informed Plaintiffs of her desire to revoke any and all consents to adoption and/or
consent to Plaintiffs retaining custody of the minor child. To date, Plaintiffs have
refused to comply with Mother's request.
c) Mother, as the biological mother and legal mother of the child, is the person
who should continue making decisions regarding the welfare of the child.
d) Mother is ready, willing, and able to care for the child in an environment
conducive to the upbringing of a child.
e) Mother has the support and assistance of her parents, maternal grandparents, as
she continues to reside in their home.
f) Custodians have refused to allow a relationship to develop between Mother and
the child as they have refused to return phone calls from Mother and Maternal
Grandmother, and have refused to allow any type of meaningful contact between
Mother and the child.
Mother requests that the Court enter an order directing that the child shall be
returned to Mother's custody immediately, and that Custodians desist in any
further attempts to gain custody or to adopt the child.
10.
Without this Court's immediate intervention, the child will be harmed by further
denial of contact with Mother. Mother has a legal fight to regain custody of the
child and Custodians are continuing to deny Mother her right to the child. The
parent/child relationship has already been delayed between Mother and child due to
Custodians' refusal to return the child to Mother and any further delay will only
harm the relationship between Mother and child.
11.
Petitioner's attorney has informed Custodians' attorney that this Petition and the
accompanying Answer to Custody Complaint have been filed and a certified copy
will be served on Custodians' attorney.
12.
Petitioner's attorney has contacted biological fat]her, Bradley Schaeffer, who has
stated that he no longer consents to Custodians having custody of the child and he
wishes for the child to be returned to Mother's care and custody.
WHEREFORE, Petitioner respectfully requests the following:
That this Honorable Court order the immediate return of the child,
Matthew John Alcisto, to the care and custody of Petitioner.
That this Honorable Court direct Custodians to desist from any further
attempts at obtaining custody or adopting the child.
c. Any other relief that this Honorable Court deems just and proper.
Respectfully submitted,
Megan P~s'me~,er
Attorney for Defendant/Petitioner
Law Offices ofLopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
VERIFICATION
I, Megan Riesmeyer, of the Law Offices ofLopezNeuharth, LLP verify that the statements
contained in the above Answer are true and correct to the best of my knowledge. The
information is based upon conversations with and documents obtained from Defendant Maile
Alcisto's legal guardian, Beverly Alcisto. This verification is made pursuant to Rule 1024 (c)(2)
of the Pennsylvania Rules of Court since Petitioner is out of Cumberland County and her
verification cannot be obtained in a timely manner. I understand that any false statements are
made subject to the penalties of 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities.
Date:
Megan~desnieyer f-
Attorney fi>r Defendant/Petitioner
Law Offices of LopezNeuharth LLP
401 East Louther Street, Suite 101
Carlisle, PA 17013
(717) 258-9991
EXHIBIT A
From 11111111111111111111 to 1(717)258-9993 at 11/101'04 12:59 PM 003/004
hcrei ,afic~ ca Il cd "Pa~ e la"
Baby Bok Alc~slo, ~m October 2 I, 2t~,l,
W?IEREAS, Cttstod~tms !rove agreed In accep~ m~slod'e of k3id chtld.
AN[ ) NOW, 'l'l Il ti( EFORf{. l( is ngrm:d as Fol Io~s:
i. ?arem. by excc,ling th,s Agru~men(, is notv volm.miiy Fhwi]lg said child
wilh C~.~:t~tlSims lbr mloplion= or tmlJl fin'thor doclsio,s cm:cemm~g ILK'. ~vclfar= and
custody oi'smd cldta can ~
2. Pmma ~to~v deleg~,cs 1o Cusf~dians thc uniimaed r;ghl lo pm~.~tlc
Parer, acl. nowlcdgt's {lml .~lte possibly :nay be rc~msib]:
f,curl,xJ mlli{ such [{me ns tt:i, Ag:'cen;enl wil] {ermirmte cilhc~ by
until xu~:h time as lmrm~lai wigl,ls n]~ ~mnm)alcd by a C'm,l (),der'
C,studia,s will have alit] succeed ~o Ihe dght lo male all dcgj:;iont:
?rom 11111111111111111111 to 1(717)258-9993 at 11/10104 12:59 PM 004/004
,1 WI'; 'F:X['~Rt':$~iLY tJNDERSTAND']'IIA'I'NOTIHNG IN 'l-il'l,%'
AGi~,EEM L:.NT SI IAI .~. AFFI--;C}' Ts, Il,' i;,IOll'[S OF PAR}'.'.NT TO I(EVOKI .; '1'1 IL
CONSENT PREVtOUSLY (il VEN WI l lk:'Iq MAY Bli W1T[ll)RAWN ACCORING TO
'I'HI'i TERMS 'J )II-:R EOF. t'l" IS FUI¥[IIEI~. IJNI)['~RSTOOL)THA'i' RE'I'URN (.)F 'l'1112
CI[-fJLD TO I}A,R~NIT IS NC)T $[).BJEC'I 'l'O PAYMENT OF AIqY C)I~I.IOATJON5
l tqC[J'RI~ ED Hl':.f~.~..i.l N1 'Ii
5. The CuslLKlJat:s agr'cc io ct)lll'iJIil¢ open COl:[act wilfl the I'ar'cn(
I>n)vide her with arty inlbmu~tit)n reqtmtcd regaldhig Baby Boy AlcJslo.
C'.ustodia.,.~s .shitl! m.'.~inlai~ medical insurance fi~r the said minc, r chdd,
'llJd$ A(jR1 [EM£NT is made and cmcrctl h~lt) ll~e O~te Ih'st al~w: wnller~ ~ti){t .~hall
remain I.'4 Ihll f't,'c¢ and :tt~:ct t~ltli[ fur't])e~' ~grced i%, tl~¢: parties hereto.
W~'ENF. SS
?--?
I ...........
Fr~n 002/007
11111111111111111111 to 1(717) 258-9993 at 11/22/04 8:28 AM
KRASNO, KRASNO & ONWUDINJO LAW 0,~
-ISADORE~.KRASNO~
~936 ~
CESTER KR'ASNO
ANDREW C. ONWUDINJO
ROCHELLE D. QUIGGLE
DEI~RA A, SMITH
CHRISTOPHER M. R~EO£JNGER
EILEEN A. PQMENTO
ifflCHELLE A. JONES
JASON KRASNO
DA VID ~. KRAFT
tF TIN MOHAMEO
SUSAN M. HENRY
Pottsville Law Building
400 Norttl Secortd Street
Pottsville, PA 17901-2528
570-622-8~97
(FAX) 570-622.8260
ematl: krasno@krasno.com
res .,/Esqu November 11, 2004
Ly~ne G, B ire
510 Mahant~;W~go Slreet
PoltsvilloT^ 17901
; RE: My Client' Maile Alcisto
Your Clients: Janet and Robert Neidig
Dear I..ynne:
This letter is to inform you that my client is no longer interested i~ an adoption of
her child By tt~is letter, Maile Alcisto hereby revokes any and all consents to adoption
and/or consents to the Neidig's retaining the custody of the minor child.
I am requesting Ihat the child be returned to the Mo'Iher immediately and
amicably. The return of tho child may be arranged directly by the parties or via the
a~torneys whichever you/your clients would prefer. I wouid appreciate your cooperation
in oxpediting the conclusion of this matter,
Very truly yours,
Debra A. Smith
tdas
CC: Ms Beverly Alcisto
ALLENTOWN . BtOOMSOURG . HARRISBURG - PHILAOELPHIA . READING
ROBERT D. NEIDIG and
JANET R. NEIDIG, His Wife,
Plaintiffs
Vo
MAILE ALCISTO,
Defendant
BRADLEY SCHAEFFER
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No.
IN CUSTODY
CUSTODY AGREEMENT
THIS CUSTODY AGREEMENT, executed this ~.(sq'''' day of ~/~~ ,
2004, between Janet and Robert Neidig, of Cumberland Count),, Pennsylvania, hereinafter called
"Custodians" and Maile Alcisto, of Schuylkill County, Pennsylvania, hereinafter called "Parent".
WHEREAS, Parent granted Custodians temporary custody of Matthew John Alcisto, aka
Baby Boy Alcisto, bom October 21, 2004, by Agreement dated October 22, 2004;
WHEREAS, Parent desires to terminate Custodians' temporary custody of Matthew John
Alcisto.
AND NOW, THEREFORE, it is agreed as follows:
Custodians agree to transfer Matthew John Alcisto to Parent;
Parent acknowledges that Matthew John Alcisto has been returned to her in a healthy
2.
condition;
3.
As of the date of this Agreement, Custodians are not responsible to maintain medical
insurance for Matthew John Alcisto.
4. In the event Parent decides to place Matthew John Alcisto for adoption or place the
child in the custody of any other party, Parent agrees that Parent shall contact Custodians and
shall give Custodians the first fight of refusal to adopt the minor child and/or to be custodians of
the minor child.
5. Parent shall indemnify and hold Custodians harmless for any reason whatsoever with
regard to Matthew John Alcisto.
6. Parent is responsible for all expenses and costs for the child including medical
insurance and Custodians are not required to pay or reimburse Parent for any costs, expenses or
obligations whatsoever.
7. This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
8. The parties agree that this stipulation shall be entered[ as an Order of Court.
9. In the event either party breaches the terms of this Agreement or does not comply with
the terms of this Agreement, the party breaching the Agreement or not complying with the terms
of this Agreement shall pay the attorney fees of the other party to this Agreement.
10. Custodians will share all information concerning Matthew John Alcisto's
pediatrician visits to Parent.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
/ wITNES§ {' ~7 '~'7~ Maj, l~Alcisto, earer~,~' -
(SEAL)
--//rd`' WitNESS Bt~erly Alci~? Parents Legal Guardian
- WIi'NESS Robert D. Neidig, Custod~
WITNESS
ROBERT D. NE[DIG AND
JANET R. NE[DIG, HIS WIFE,
PLAINTIFFS/RESPONDENTS
V.
MAILE ALCISTO,
DEFENDANT/PETITIONER
BRADLEY SCHAEFFER,
DEFENDANT
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· 04-5884 CIVIL TERM
ORDER OF COURT
AND NOW, this y(~ day of ~}~2004, the based on the agreement
o£the parties, the court hereby orders as follows:
1. Plaintiffs/Respondents (hereinafter "Custodians) agree to transfer Matthew John Alcisto
(hereinafter "Child"), born October 21, 2004, to Defendant/Petitioner (hereinafter "Parent").
2. Parent acknowledges that Child has been returned to her in a healthy condition.
3. As of the date o£ the Agreement, Custodians are not responsible to maintain medical
insurance for Child.
4. In the event Parent decides to place Child for adoption or place the child in the custody
of any other party, Parent agrees that Parent shall contact Custodians and shall give Custodians
the first right of refusal to adopt the minor child and/or to be custodians of the minor child.
5. Parent shall indemnify and hold Custodians harmless for' any reason whatsoever with
regard to Child.
6. Paren is responsible for all expenses and costs for the Child including medical insurance
and Custodians are not required to pay or reimburse Parent for any costs, expenses or obligations
whatsoever.
7. The Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
8. The parties agree that this stipulation shall be entered! as an Order of Court.
9. In the event either party breaches the terms of the Agreement or does not comply with
the terms of the Agreement, the party breaching the Agreement or not complying with the terms
of the Agreement shall pay the attorney fees of the other party to the Agreement.
10. Custodians will share all information concerning Child's pediatrician visits with Parent.
ROBERT D. NEIDIG AND JANET R.
NEIDIG, HIS WIFE
PLAINTIFF
MAILE ALCISTO AND BRADLEY
SCHAEFFER
DEFENDANT
: 1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
04-5884 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, December 02, 2004 ., upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 16, 2004 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at 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,
Sl~eciai Relief orders, and Custody orders to the conciliator 48 hours I~rior to scheduled hearing.
FOR THE COURT.
By: /s/ .[acqueh'ae M. VetaeV, Esq. mhc
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 F1ND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~F_.C 1 6 ~00~ ~
ROBERT D. NEIDIG and
JANET R. NEIDIG
Plaintiffs
V.
MAILE ALCISTO and
BRADLEY SCHAEFFER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2004-5884 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this 16th day of December, 2004, having been advised that the
Plaintiffs have withdrawn the Petition, the Conciliator hereby relinquishes jurisdiction in
this matter.
FOR THE COURT,
,Jacq{i~line M. Vemey, Esquire~ustody Conciliator
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
CIVIL DIVISION - LAW
No. CV-045884
ROBERT D. NEIDIG and
JANET R. NEIDIG, his wife
Plaintiffs
VS.
MAILEY ALCISTO and
BRADLEY SCHAEFFER
Defendants
PRAECIPE TO WITHDRAW
TO THE CUSTODY CONCILIATION OFFICER:
The Plaintiff Petitioner is requesting to withdraw without prejudice the Complaint
for Custody which was filed on November 23, 2004 in the above captioned matter.
I'S,
500 Mahantongo Street
Pottsville, PA 17901
570-622-2190
ID # 46367
Counsel for Plaintiffs
Dated: December 15, 2004