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Home My WebLink About05-0521 TOBY A. EPPLEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO: OS' - ,l,-;d,,! : CIVIL ACTION. LAW C'u-LL J~",\ v, SANDRA KAY NEIDIGH, : IN CUSTODY Defendant. COMPLAINT FOR CUSTODX AND NOW, comes the Plaintiff, Toby A. Eppley, by and through his attorneys, Manckc, Wagner & Spreha, and files the following Complaint for Custody: L The Plaintiff, Toby A. Eppley, is an adult individual residing at 153 Chester Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Sandra Kay Neidigh, is an adult individual residing at 153 Chester Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are the natural parents of Noah C. Eppley, born April 25, 2002, 4. The child was born out of wedlock. 5. The natural father of the child is the Plaintiff; the natural mother of the child is the Defendant. 6. The child has resided since birth at the following addresses: A. At 928 Forest Court,Carlisle, Pennsylvania, from birth until June of 2004, with Plaintiff and Defendant; B. From June 2004 until the present, with Plaintiff and Defendant at the address listed in numbers 1 and 2 above. 7, Plaintiff knows of no other person who has a right to custody or partial custody of the child. 8. Plaintiff believes and therefore avers that the best interests of the child is to grant primary physical custody of the child unto the Plaintiff herein, subject to supervised visitation with the Defendant, because the Defendant has recently been in the company of a person who has done time for the use of drugs, and Plaintiff has reason to believe that the Defendant may be using drugs. 9, Plaintiff also avers that the Defendant has been coming home at all hours of the morning with no explanation as to why she has been out all night, sleeps most of the day, and in the last several weeks, pays little regard to their child, Noah, 10. Plaintiff has reason to believe that the Defendant is romantically involved with the person who is a known drug dealer and who has done time in prison, -2- WHEREFORE, Plaintiff requests this Court to grant primary physical custody of the child in the Plaintiff, subject to periods of supervised visitation in the Defendant. Respectfully submitted, Mancke, Wagner & Spreha By ~ / I ~~ a Wagner, Esqmre ~.~#:?103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Plaintiff Date: I II g k5 / I -3- VERIFICATION I verify that the statements made in the foregoing document 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. /f:y1!/~/ DATE: 1/115)0;;- I '\ ~, ~ '6- GJ ..--::, c" s:z.~ o \- w }J ~ +- -fA. - - o -J r ~ y- w '?--J ~ ::,; ~A 't~ ,--\ <- -r.:,~ ,:,,"," rl:~~ -:J::': ::',"'CJ ~ ;,-j(J.->) :~'?)if~\ (/.1 ':Et C.n TOBY A. EPPLEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintifl7Petitioner, : NO: Of: - .s-~I (!iv~L Yi v. : CIVIL ACTION- LAW SANDRA KAY NEIDIGH, : IN CUSTODY DefendantJRespondent. PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Toby A. Eppley, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition for Special Relief: 1. Your Petitioner, Toby A. Eppley, is the Plaintiff in the above-captioned custody action. 2. The Respondent, Sandra Kay Neidigh, is the Defendant in the above-captioned custody action. 3. The parties are the natural parents of one child, Noah Christopher Eppley, born April 25, 2002. 4. Petitioner has filed a Complaint seeking primary physical custody of the aforementioned child. 5. The Respondent herein has from time to time threatened to leave the home where Petitioner and Respondent reside with Noah, and has threatened to go to places unknown to the Petitioner. 6. Petitioner has secured the services of a private investigator who has learned that the Respondent has been frequently in the company of a person who is a known drug dealer, having recently spent time in prison. 7. Petitioner believes and therefore avers that it is in the best interests of the child to grant primary physical custody unto the Petitioner in the event that the Respondent does attempt to leave the home where the parties reside, 8, Petitioner believes and therefore avers that this is a matter of immediate irreparable harm in that if the Respondent removes herself from the residence with the child, the child may be placed in jeopardy as a result of the lifestyle that is currently being undertaken by the Respondent, and has been for tht: last several weeks. 9. For the last several weeks, Petitioner has notice:d that the Respondent has returned home from work well beyond the normal hours, has returned home at all hours of the night and early morning, pays little attention to the child, and while at home, primarily does nothing but sleep. 10. Petitioner believes and therefore avers that pending outcome of the underlying custody complaint, that primary physical custody of Noah should be granted unto the Petitioner herein. -2- WHEREFORE, Petitioner requests this Court to grant the emergency relief as requested. Respectfully submitted, Mancke, Wagner & Spreha /,~ By ~ ard Wagner, Esquire .D. #23103 2233 NOIth Front Street Harrisbmg, P A 17110 (717) 234-7051 Attorneys for Petitioner Date: / / /8/1)5" I I -3- VERIFICATION I verify that the statements made in the foregoing document 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. J ~Jy'ell~~ DATE: '!lg/05 i<; p ~ 8 f '\!:. 0 <.N c ~C5-J 6 -': ~ ~ ~ ------r-- n'-, ,--' <,';-:'}. (.,..1 L_n (.., ',';."" '''"<''~ ~-- N -J -~J r:'? ~ \,j (-) 0:> TOBY A. EPPLEY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-521 CIVIL ACTION LA W SANDRA KAY NEIDIGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, Febrnary 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanic,burg, PA 17055 on Wednesday, Marcb 02, 200~,,___ at ,.8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort win be made to resolve the issues in dispute; or if this cannot be accomplished, to define and llarrow the issues to be heard by the court, and to enter into a temporary order, All childrcn 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 exhting Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: /,/ Dawn S. Sunday. Esq. Custody Conciliator :Y The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of ] 990, 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 HA VE 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 COllnty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 ]66 4'~ j;v ,~ /'tr~vv~? So c' C" '~7/P~/~,t., 5O(".{O ~7 ~ ~ ~I 4.9?P9 SO'C'(= ,-: n"" ".""' i_~} d.:l '(... .,'.1 7 ",'", j'''i'{,) v _0 Uj'::l ~lJtJ... ~ TOBY A. EPPLEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintifl7Petitioner, v. :NO oS _ S-;;2.1 C~u"L '-r~( : CIVIL ACTION.. LAW SANDRA KAY NEIDIGH, : IN CUSTODY DefendantlRespondent, ORDER ;tl C~''--- AND NOW, this 1 day of r IVV -- 0 --' 2005, upon Petition of the Father, Toby A. Eppley, a hearing is set for the 7 f"\ day of ~ j' , 2005, at Cj:OD o'clock A ,m. in Courtroom No. SOftl\(: Cumberland County Courthouse, Carlisle, Peunsylvania, to show cause why, if any, the relief requested by the Petitioner/Father should not be granted. ~(J" B.c.~L-<JJ;illlJlf('1 I, _llL]J fILpMiIlQ'D9n,}Jau<;;1,-'"'vpher 4>..LJ' ee.... .....] tJ, !['JI, ~,dH he; ."~,,,d lllllle re;uuullertraLIlel. J. () ~ ~ U.-l r - 21:l Sc ~,-, (, ~,::,. (> , c' 1,\; v " :",,-1 TOBY A. EPPLEY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SANDRA K. NEIDIGH : NO. 2005 - 0521 CIVIL TERM ORDER OF COURT AND NOW, this 3RD day of FEBRUARY, 2005, it having been related to the Court by Petitioner that the child is not in danger, the hearing scheduled for Monday, February 7, 2005, at 9:00 a.m. is CANCELLED and the matter is REFFERRED TO the CUSTODY CONCILIATOR for further proceedings. Edward E. Guido, J. / Richard Wagner, Esquire 2233 North Front Street Harrisburg, Pa. 17110 ,;M"s, Sandra Kay Neidigh 153 Chester Street Carlisle, Pa. 17013 ) ~ ~ 02{)~ -0..5 :sld "--1 82: 'f) 1- - q-; , ~n',7 \ ".,.:J _'~'l '" ..\(\ -:..... - . s TOBY A. EPPLEY Plaintiff MAR 0 4 lOm p(fl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-521 CIVIL ACTION LAW SANDRA KAY NEIDIGH Defendant IN CUSTODY ORDER OF COURT AND NOW, this 7 fv' day of (Yl ~ , 2005, consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: upon 1. The Father, Toby A. Eppley, shall have sole legal and primary physical custody of Noah C. Eppley, born April 25, 2002. The Father shall make a reasonable effort to notify the Mother of any major developments concerning the Child. The Mother shall have periods of visitation with the Child only as arranged by agreement between the parties, The Mother shall not remove the Child from Cumberland County, Pennsylvania, without the prior written consent of the Father. 2, The Mother may file a request with the Court for an additional custody conciliation conference to review the custody arrangements set forth in this Order. 3. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controL Edward E. Guido J. cc: ~~W agner, Esquire - Counsel for Father ~dra Kay Neidigh, Mother 'j< If!' I\.J.-':"" S.l Q _ ;l~n~l [';'117 ',J ~., ; '. ..l',.,0'.> TOBY A, EPPLEY Plaintiff MAR 0 4 2005 f'i~'-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 05-521 CIVIL ACTION LAW SANDRA KAY NEIDIGH Defendant IN CUSTODY Prior Judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Noah C. Eppley April 25, 2002 Father 2. A conciliation conference was held on March 2, 2005, with the following individuals in attendance: The Father, Toby A Eppley, with his counsel, p, Richard Wagner, Esquire. The Mother, Sandra Kay Neidigh, did not attend the conference or contact the conciliator. 3. Just prior to the conference, ,ill attorney who had consulted with the Mother in preparation for the conference contacted the conciliator to advise that he had not been able to locate the Mother and had been advised by the Mother's parents the Mother had left the area without leaving information as to her whereabouts. At the conference, the Father stated that he believes the Mother is in the New York City area with a companion who has a criminal history of drug abuse. The Father believes that the Mother is also involved with drugs and indicated that she has only seen the Child for approximately 10 hours in the last five weeks. 4. The Father had previously filed a Petition for Special Relief, although the Court cancelled the hearing scheduled thereon as the pmiies signed a custody agreement on January 20, 2005. Under that agreement, the Father had primary physical custody of the Child and the Mother had partial custody as arranged by agreement. This matter proceeded to conciliation on the Father's Complaint for Custody, 5. Based upon the representations made by the Father at the conference and the fact that the Mother did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. ~'-rLA d I duo '5 Date ~~ Dawn S. Sunday, ESqUir;(J Custody Conciliator