Loading...
HomeMy WebLinkAbout05-2400 TRAVIS T. NEISS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA No. 0:)/ 0\ 'f 00 Civil Term CIVIL ACTION - DIVORCE/CUSTODY vs. JESSICA H. NEISS, Defendant 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. Where the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 TRAVIS T. NEISS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 05. :J.-'/t:Jo Civil Term CIVIL ACTION - DIVORCE/CUSTODY JESSICA H. NEISS, Defendant COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Travis T. Neiss, a competent adult individual, who has resided at 114 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 17011, since 2002. 2. Defendant is Jessica H. Neiss, a competent adult individual, who resides at 1779 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 18, 1998, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have one child together, namely, Kaleigh Z. Neiss, date of birth, February 27, 1998. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the natural parents of Kaleigh Z. Neiss, date of birth, February 27, 1998. 13. Plaintiff has filed a custody petition under the above-captioned docket number. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor child. Respectfully submitted, D,m SilO /0 S- '.....e dams, Esquire . 79465 outh Pitt Street Carlisle. Pa. 17013 (717) 245-8508 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. g4904 relating to unsworn falsification to authorities. Date: i]j~ 10J -- ~. t..,l "') (., \ \J ~ ~ () ~ 0 r- \;,;:::) -n c.n ::;: ~?1 ~ -.. ~,..,rn - - CJ ...t.. \ CJ -)1. e "'" , " "'t~,~ ,:)) ~:~ ~.~ M -,-:- ~~ ....... ~r') ~ l,j --. '" 4 '" - l.' \ Cl ~ ~f y( Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No. 0 'J- - ;1.., <..f "'" Civil Term JESSICA H. NEISS, CIVIL ACTION - DIVORCE/CUSTODY Defendant ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , Esquire, the conciliator, at , Pennsylvania, on , the day of ,2005, at o'clock .m. for a Pre-Hearing Custody Conference. At such eonference, an effort will be made to resolve the issues in dispute; or if this cannot be aecomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children five or older may be present at the conference. Failure to appear at the eonference 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, Speeial Relief Orders, and Custody Orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please eontact 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 eonference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cwnberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No. OS- - 0< 'io.o Civil Term JESSICA H. NEISS, CIVIL ACTION - DIVORCE/CUSTODY Defendant CUSTODY COMPLAINT 1. Plaintiff is Travis T. Neiss, who currently resides at 114 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Jessica H. Neiss, who currently resides at 1779 Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff is the father of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Kaleigh Z. Neiss 2/27/98 (Age 7 years) 1779 Trindle Road Carlisle, Pa. 17013 Mother and Father married on September 18, 1998. Mother and Father have shared physical and legal custody since May 5, 2005. During the past five years, the child has resided with the following persons and at the following addresses: ADDRESSES DATES NAME Jessica H. Neiss 1779 Trindle Road Carlisle, Pa. 17013 2/2/03 - present. Jessica H. Neiss Travis T. Neiss 1779 Trindle Road Carlisle, Pa. 17013 Birth - 2/2/03. The mother of the children is: Jessica H. Neiss, and she currently resides at: 1779 Trindle Road, Carlisle, Pa. 17013. She is married to: Travis T. Neiss, father. The father the children is: Travis T. Neiss, and he currently resides at: 114 South Locust Street, Shiremanstown, Pa. 17011. He is married to : Jessica H. Neiss, mother. 4. The relationship of plaintiff to the children is that of Father. The Plaintiff currently resides alone. 5. The relationship of defendant to the children is that of Mother. The defendant currently resides with the child and her boyfriend Stu. 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 ofthis Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who 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 reliefrequested because: Father has had regular oeriods of partial custodv with the child since the couple seoarated in 2003. There is no court order regarding the child. Father is seeking a court order that confirms his regular oeriods of oartial custodv. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant custody of the child. Respectfully submitted, Date: ~ J 0 /os- Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 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. 94904 relating to unsworn falsification to authorities. Date: 1 J~ 10 r (") ...., 0 "", c: C::) ,1 c.n -~ -:::I ";;,~ ::L-n -, fllp-:!. 0". CJ C , C) , , ~"'~ :1:, -- .:) iT) "'-. --'j -, 1.0 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No.OS- , J.. t.{ 00 CIVIL ACTION - DIVORCE/CUSTODY Civil Term JESSICA H. NEISS, Defendant NOTICE If you wish to deny any ofthe statements set forth in this Affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on February 2, 2003 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 my rights concerning alimony, division of property, lawyer's fees or expenses in 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. g4904 relating to unsworn falsification to authorities. Date:~ fu~Js~ 1--' CO-=, c:;::. cJ' -.". . - -~ .- o -n .-1 -:C-n inf;;;.o ~r-" \,J::'. ":--','J :::")I'C:} -'-'--'-., Cl .,';', ~':. '~-:-~}A ~ '-\ ':r~ .~ - .' {'oJ - Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYL VANIA TRAVIS T. NEISS, vs. No. 0.5- -,,;z..1 ~ Civil Term CIVIL ACTION - DIVORCE/CUSTODY JESSICA H. NEISS, Defendant PETITION FOR SPECIAL RELIEF I. Plaintiff is Travis T. Neiss, (hereinafter referred to as "Father") who currently resides at I 14 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 170 II. 2. Defendant is Jessica H. Neiss, (hereinafter referred to as "Mother") who currently resides at 1779 Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother and Father are the natural parents of Kaleigh Z. Neiss, (hereinafter referred to as "Child") born February 28, 1998. 4. Mother and Father married on September 18, 1998 in Cumberland County, Pennsylvania. 5. Mother and Father separated on February 2, 2003; the parties are still married. 6. There is no custody order regarding the child. 7. Since February 2, 2003, Father has consistently had the following periods of partial custody with the child pursuant to the parties' mutual agreement: A. Every other weekend from Friday after school through Monday morning before school. B. Two full days during the week, either Monday after school through Wednesday morning, or Wednesday after school through Friday morning. 8. The child currently attends Middlesex Elementary School and is in the first Grade; she missed 10 days of school during the 2004-2005 school year. 9. Mother currently lives with her boyfriend, Stu, and is believed to be pregnant with his child; Father lives alone. 10. On Thursday, May 5, 2005, during Mother's period of custody, the child said she did not want to live with her mother, and appeared upset and refused to go to school; Mother was unable to get the child to go to school and the child stayed home. 11. Father is in regular contact with the school guidance counselor. On May 5, 2005, at 5:00 p.m, Father called Mother because he learned that the child was not in school. Father asked to see the child. Mother refused to let Father speak with the child or see her. 12. Later on in the evening of May 5, 2005, while in Mother's custody, the child because extremely upset and hysterical. Mother took the child to the Carlisle Medical Center because of her behavior. Mother did not tell Father about the visit to the Medical Center until the next day. 13. At the Carlisle Medical Center, the child was examined by Dr. Anthony Guarracino. The child was diagnosed with depression. A referral was made to Children and Youth Services. Since there was no evidence of abuse Children and Youth did not open a case regarding the child. 14. On Friday, May 6, 2005, Father requested his regular period of custody which was to begin Friday, May 6, 2005, and was to last through Monday morning. Mother unilaterally denied Father's regular period of custody with the child and said that "she would keep her from now on." 15. Mother has not permitted Father to speak with the child or see her since May 5, 2005. 16. After review ofthe medical records, Father is extremely concerned about the child because it appears that she may be suffering from depression and she has expressed thoughts of suicide in her writings. 17. Father has filed a Custody Complaint and Divorce Complaint under the above- captioned matter contemporaneously with this filing. 18. Father is requesting the following relief: A. Father is requesting an order granting him joint legal custody in order that he can continue to have access to the child's school and medical records. Father is extremely concerned about the child's school attendance and mental and physical health and wishes to continue to participate in any decision making regarding the child, including decisions as to whether she should be given medical treatment or participate in counseling due to her depression. B. Father is requesting that his regular periods of partial custody be court ordered because Mother has refused to permit Father to have any contact with the child since May 5, 2005. Without a court order, Father could be denied any and all contact with the child indefinitely. Father believes that maintaining the status quo would be in the best interest of the child and would be the least disruptive to her during this time. C. Father is requesting that a custody conciliation date be set as soon as possible in order that the conciliator could examine this matter in greater detail, and so that the parties may attempt reach an agreement regarding what is in the best interest of the child, including whether or not the child would benefit from counseling. WHEREFORE, Plaintiff requests an Order of Court granting custody of the child pending a custody conciliation and/or further Order of Court. Date: 5 J /D I D!7- J A ams, Esquire .D. N . 79465 64 S th Pitt Street Isle, Pa. 17013 (717) 245-8508 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. g4904 relating to unsworn falsification to authorities. Date: iJ q joe; ~ () ....., c~-?, cY, ~- " :.co: ;." o ~~ .-1 '"J~ ....,-, rl1p -cFQ ~:"J ~r?\ ;, :~-; ~ SIi " '::::'\ ~S '-< ", r'" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No. 0.5- -,,;z..1 ~ Civil Term CIVIL ACTION - DIVORCE/CUSTODY JESSICA H. NEISS, Defendant PETITION FOR SPECIAL RELIEF I. Plaintiff is Travis T. Neiss, (hereinafter referred to as "Father") who currently resides at 114 South Locust Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. Defendant is Jessica H. Neiss, (hereinafter referred to as "Mother") who currently resides at 1779 Trindle Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Mother and Father are the natural parents of Kaleigh Z. Neiss, (hereinafter referred to as "Child") born February 28,1998. 4. Mother and Father married on September 18, 1998 in Cumberland County, Pennsylvania. 5. Mother and Father separated on February 2,2003; the parties are still married. 6. There is no custody order regarding the child. 7. Since February 2, 2003, Father has consistently had the following periods of partial custody with the child pursuant to the parties' mutual agreement: A. Every other weekend from Friday after school through Monday morning before school. B. Two full days during the week, either Monday after school through Wednesday morning, or Wednesday after school through Friday morning. 8. The child currently attends Middlesex Elementary School and is in the first Grade; she missed 10 days of school during the 2004-2005 school year. . 9. Mother currently lives with her boyfriend, Stu, and is believed to be pregnant with his child; Father lives alone. 10. On Thursday, May 5, 2005, during Mother's period of custody, the child said she did not want to live with her mother, and appeared upset and refused to go to school; Mother was unable to get the child to go to school and the child stayed home. 11. Father is in regular contact with the school guidance counselor. On May 5, 2005, at 5:00 p.m, Father called Mother because he learned that the child was not in school. Father asked to see the child. Mother refused to let Father speak with the child or see her. 12. Later on in the evening of May 5, 2005, while in Mother's custody, the child because extremely upset and hysterical. Mother took the child to the Carlisle Medical Center because of her behavior. Mother did not tell Father about the visit to the Medical Center until the next day. 13. At the Carlisle Medical Center, the child was examined by Dr. Anthony Guarracino. The child was diagnosed with depression. A referral was made to Children and Youth Services. Since there was no evidence of abuse Children and Youth did not open a case regarding the child. 14. On Friday, May 6, 2005, Father requested his regular period of custody which was to begin Friday, May 6, 2005, and was to last through Monday morning. Mother unilaterally denied Father's regular period of custody with the child and said that "she would keep her from now on." 15. Mother has not permitted Father to speak with the child or see her since May 5, 2005. 16. After review of the medical records, Father is extremely concerned about the child because it appears that she may be suffering from depression and she has expressed thoughts of suicide in her writings. 17. Father has filed a Custody Complaint and Divorce Complaint under the above- captioned matter contemporaneously with this filing. 18. Father is requesting the following relief: A. Father is requesting an order granting him joint legal custody in order that he can continue to have access to the child's school and medical records. Father is extremely concerned about the child's school attendance and mental and physical health and wishes to continue to participate in any decision making regarding the child, including decisions as to whether she should be given medical treatment or participate in counseling due to her depression. B. Father is requesting that his regular periods of partial custody be court ordered because Mother has refused to permit Father to have any contact with the child since May 5, 2005. Without a court order, Father could be denied any and all contact with the child indefinitely. Father believes that maintaining the status quo would be in the best interest of the child and would be the least disruptive to her during this time. C. Father is requesting that a custody conciliation date be set as soon as possible in order that the conciliator could examine this matter in greater detail, and so that the parties may attempt reach an agreement regarding what is in the best interest of the child, including whether or not the child would benefit from counseling. WHEREFORE, Plaintiff requests an Order of Court granting custody of the child pending a custody conciliation and/or further Order of Court. Date: 5 J!D ID!7- . 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. g4904 relating to unsworn falsification to authorities. Date: iJI q jo e; ~ u-----' (-', ~ ~ ~ /':. ~ ;A, f" ,~ \J' \ -.....::: ( ~ w ~...... \ <>(\ '\ ...J ,-, ,-'-::".1 <,;J-' ::--~, () -n .- o . ..- ~_.~ r',) N - .. .; RECEIVED MAY 10 1005" TRAVIS T. NEISS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0.5- ~ .z" p.. Civil Term vs. JESSICA H. NEISS, CIVIL ACTION - DIVORCE/CUSTODY Defendant ORDER OF COURT AND NOW, this 10 t:IJ day of mlt Y , 2005, upon consideration pf the Attached Petition for Special Relief, !ft~ ~llBv,'iRg Ors€1 L..l<~.~bJ ;o~tt~ ... ~ h ~ rr 111'1'7) }-tJos:' e..X 11:30 A, . ~ 1. Tra.iJ T. }Jg;C)~ ~nrl Tp~~l{,~ U }TsisB flRall AR'''''' ch..,r'j'g Ivg81 t!HDt...,d] v[Kul.""~lSll Z. }J~ ~ s: .P.f,.~~~.' 2'. r aLII"-l, T...1. in T. }Jei33, Bftftll 8ft;8 fJeIisda :..f j)~C..J ...,u~L...,dJ ..it!. tllLr CJkild as iOlb;rn's: .ft.. ~Vl;;lY UtlH;l wc;c:kcud lIUIIl P'dduy tlfu:a ~dluvl duuue,ll i"luuday IlluHI~ng Dc;fuII: ~dlUU~. B. T.:8 mllslljf3 d,..U~IlO the ""...,..,It, ...:0.....,-,- i.I['H8a)' after aeh8Bl t1..rAll$ AJ.'1J9V>~fga:' Bl8Flltng, M.-'..Vedflmaj' after "....1-..901 thqmgh P..;r1<l)' mrr.~lng ;The Court Administrator's office is directed to schedule an expedited conciliation conference to fully address the issues presented in this matter. J. cc: ~e Adams, Esquire ~ssica. H. Neiss !\JJ<fe: . '" ,'n:) SS:5 H~ II AV\I~GOZ ;',UV 1C'/); A .C.,;.-:! 31"11 :10 :}J\~:\.:)-{):n1j Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No. [)5',).400 CIVIL ACTION - DIVORCE/CUSTODY Civil Term JESSICA H. NEISS, Defendant STIPULATION REGARDING CUSTODY It is hereby stipulated by and between Plaintiff, Travis T. Neiss, and his attorney, Jane Adams, Esquire, and Defendant, Jessica H. Neiss, and her attorney, Mark Bayley, Esquire as follows: I. Travis T. Neiss (hereinafter referred to as "Father") and Jessica H. Neiss (hereinafter referred to as "Mother") are the natural parents of Kaleigh Z. Neiss, date of birth, February 27, 1998. 2. Mother and Father shall have shared legal custody of Kaleigh Z. Neiss. 3. Mother and Father shall have shared physical custody of Kaleigh Z. Neiss, as follows: A. The parties shall alternate seven day periods, with Father to receive physical custody of the child on May 16,2005 at 4:00 pm. B. On May 23, 2005, and every Monday hereafter, the party that did not have physical custody of the child during the prior seven days shall receive custody of the child, either after school or at 4:00 p.m. if there is no school. C. The parties may make alternate arrangements for physical custody of the child upon mutual agreement. 4. Mother and Father shall continue to take the child to her current counselor until discharge is recommended by the counselor. Mother and Father shall follow the recommendations of the counselor. 5. Each party shall be permitted to have reasonable contact via telephone with the child when the child is with the other parent. Respectfully submitted, Date: S. \6. os /'. ' , ^~\.\. \! dams, Esquire 1. . 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF /" 1 ---- Date: C ---l .-/ N' ,,) \...../) L~~ MIDk ."I,y, E-'lw~ -) !.D. No. G::1 (if-' 's 155 S. HanoverSt. - Carlisle, Pa. 17013 (717) 241-6070 ATTORNEY FOR DEFENDANT j/ r--) () <"".:::1 ~n ;"::J cP ~~ ....J """ r>: \,Q TRAVIS T. NEISS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-2400 CIVIL ACTION LA W JESSICA H. NEISS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, May 13, 2005 .~_, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at_" 4th. Floor, Cumberland Coun'X_C~~!'tl!.ouse,..<;:a!li~ on..____-'!uesday, M~y 3!,. 2005,____ at .2:~ll.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 deIlne and narrow the issues to be heard by Ihc court. and to enter into a temporary order. All children age IIve or older may also be presenl at the conference, 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 hearin!!. FOR THE COURT. By: /5/ r. Jj. MVi E -f"V acque De . ernev. sq. ' CuSlody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabililes Act of 1990. For information aboul 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 County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 . r/ c,yf{/1>~~;~~7. ~ I~ ~rJ R.7 l/-> ;L/7;P 2' ~ ?~t< 5'(/ u S' ~??/ f/P z 'ir27~ ~J -/,{J )V c/. ;- ..,+':', i'J D'l :(')j r.1 } ';::' pnr,? .' ,'" ,1j .JUl.!... -J' j .-','-' '. RECEIVED MAY 172005-"5 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA TRAVIS T. NEISS, vs. No. 05 - 2400 Civil Term JESSICA H. NEISS, CIVIL ACTION - CUSTODY Defendant ORDER OF COURT AND NOW, this 17 ~ day of /VI"", the Attached Stipulation, the following Order is hereby issued: , 2005, upon consideration of I. Plaintiff and Defendant shall have shared legal custody of Kaleigh Z. Neiss. 2. Plaintiff and Defendant shall have shared physical custody of Kaleigh Z. Neiss, as follows: A. The parties shall alternate seven day periods, with Father/Plaintiff to receive physical custody ofthe child on May 16,2005 at 4:00 pm. B. On May 23, 2005, and every Monday hereafter, the party that did not have physical custody ofthe child during the prior seven days shall receive custody of the child, either after school or at 4:00 p.m. if there is no school. C. The parties may make alternate arrangements for physical custody of the child upon mutual agreement. 3. Plaintiff and Defendant shall continue to take the child to her current counselor until discharge is recommended by the counselor. Plaintiff and Defendant shall follow the recommendations of the counselor. 4. Each party shall be permitted to have reasonable ~o~ct via telephone with the child when the child is with the other parent. ~ J. cc: Jane Adams, Esquire Mark Bayley, Esquire > ~.-<-<.A o"YVt-~ :{. / r.o:/ ~. I ,~./", " iJ LO : II[:'! 8 i lVi.mOl :JHl :l0 ':::;; :,;I..lf,}- c..; ~j -II:] TRAVIS T. NEISS, vs. JESSICA H. NEISS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 2400 Civil Term CIVIL ACTION - CUSTODY Defendant AFFIDAVIT OF SERVICE AND NOW, this May 17,2005, I, Jane Adams, Esquire, hereby certify that on May 16, 2005, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, CUSTODY COMPLAINT, AND PETITION FOR SPECIAL RELIEF were served, via certified mail, restricted idelivery, return receipt requested, addressed to: Jessica H. Neiss 1779 Trindle Road Carlisle, Pa. 17013 DEFENDANT . omplete items 1, 2, and 3. Also complete i em 4 if Restricted Delivery is desired. . ,rint your name and address on the reverse ~o that we can return the card to you. . 4ttach this card to the back of the mailpiece, cjr on the front jf space permits. D. Is iv address different from item 1? [! ES, enter delivery address below; '(R ~ . ~Q"iSS \ ! lq \"II\J..ie.. W Cf\'6'ePA- lJt\3 3. Service Type . Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise OC.O,D, 4. Restricted Delivery? (Extra Fee) . Yes 2. Article Number (Tiansfer from service label) PS Form 3811, March 2001 7004 1350 0003 7143 7041 Domestic Return Receipt 102595-01-M-1424 dams, EsqUire o. 79465 64 uth Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF -~ .. r-..> c::> 0::::::; i;;.n ::7.: ::;;.' C' -n =--:-' ,II ,,' '-'-' !"'-'~ c::; C'..:) TRAVIS T. NEISS, Plaintiff REC'ElvEo' JlJN 21 200Vt : IN THE COURT OF COMMON PLEAS OF - , : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-2400 CIVIL TERM : CIVIL ACTION - LAW JESSICA H, NEISS, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ;)'J ~ day of consideration of the attached Custody Con follows: , 2005, upon ation Report, it is ordered and directed as 1. The prior Order of Court dated May 17, 2005 is hereby vacated. 2. The Father, Travis T. Neiss, and the Mother, Jessica H. Neiss shall have shared legal custody of Kaleigh Z. Neiss, born February 27, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. This means that both parents are entitled to all school and medical records. 3. The parties shall share physical custody ofth,~ child on a week on/week off basis. The exchange day shall be Monday. During the summer the exchange time shall be 8:30 a.m. During the school year the exchange time shall be 4:00 p.m. 4. The Christmas holiday shall be shared such that Mother shaH always have physical custody of the child from 4:00 p.m. on Christmas Eve until 12:00 noon on Christmas Day. Father shall always have physical custody of the child from 12:00 noon on Christmas Day to 12:00 noon on December 26. 5. Thanksgiving shall be shared such that Mother shall always have physical custody of the child from Wednesday at 4:00 p.m. to Thanksgiving Day at 12:00 noon. Father shall always have physical custody of the child from 12:00 noon Thanksgiving Day to Friday at 12:00 noon. 6. Easter shall be shared such that Father shall have primary physical custody of the child from Saturday at 10:00 a.m. to Easter Sunday at 10:00 a.m. Mother shall have physical custody of the child from Easter at 10:00 a.m. toO the Monday exchange time. 7. Mother shall always have physical custody of the child on Trick or Treat night. 8. transport. parties. Transportation shall be shared such that the relinquishing party shall Exchanges shall normally occur at daycare unkss otherwise agreed by the 9. Both parties shall cooperate and participate with the child's counselor. 10. Both parties shall be entitled to telephone contact if the child's counselor approves said contact. During the summer the telephone calls shall be on Wednesdays and Saturdays at 4:30 p.m. During the school year, telephone contact shall occur on Thursdays at 4:30 p.m. 11. Either party may attend the child's school functions. 12. This Order is entered pursuant to an agreernent of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the t(lrmS of this Order shal1 control. J. cc~e Adams, Esquire - Counsel for Father Aark F. Bayley, Esquire - Counsel for Mother .-. r;:~)r,'" 1 i~; IV LS :6 fFJ ZZ Nnnooz Ab',':'ONOHiO:J::I3Hl :10 ~lJj:~:C-G:n!j - RECEIVED JUN 21 1005 TRAVIS T. NEISS, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-2400 CIVIL TERM : CIVIL ACTION - LAW JESSICA H. NEISS, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRIINTL Y IN CUSTODY OF Kaleigh A. Neiss February 27,1998 shared 2. A Conciliation Conference was held in this matter on June 20, 2005. Present at the conference were Father, Travis T. Neiss, with his counsel, Jane Adams, Esquire and Mother, Jessica H. Neiss, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido entered an Order of Court dated May 17, 2005 providing for shared legal custody and shared physical eustody. 4. The parties agreed to an Order in the form attached. it; -;A(> -OEJ Date ~'->-~ /4, rI~ cq ine M. Verney, Esquired Custody Conciliator /Vl < ~ < f / -e{{}::J V. I /055 ''/10 O'i- - <01,-/00 G u'( Term , MARITAL SEP ARA nON AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Travis T. Neiss, (hereinafter referred to as "HUSBAND") and Jessica H. Heckendorn-Neiss, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS. HUSBAND and WIFE were lawfully married on September 18, 1998; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises. covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to Jive apart from each other. 2. The parties have attempted to divide their matrimonial property in a marmer that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, armoy, injure. threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. PAGE 2-SEP ARA TION AGREEMENT NEISS v. NEISS 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations ofthe parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision ofthis agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. CASH ASSETS AND OTHER ASSETS: The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. PAGE 3-SEPARATION AGREEMENT NEISS v. NEISS 8. PERSONAL PROPERTY: The Parties have previously separated their personal property not otherwise mentioned by this Agreement to their satisfaction. HUSBAND assumes sole ownership of the personal property in his possession at the execution of this Agreement. WIFE assumes sole ownership of the personal property in her possession at the execution of this Agreement. 9. RETIREMENT ACCOUNTS: The Parties agree that WIFE will assume fun ownership of any and all retirement accounts of any kind titled in her name and HUSBAND will assume full ownership of any and all retirement accounts of any kind titled in his name. 10. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. II. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and an rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory alIowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each win, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Additionally, each party waives and relinquishes any and an rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 12. INCOME TAX RETURNS: An future income tax returns will be filed separately and the parties wilI each retain any refund due to them. The parties agree that they will alternate claiming their daughter, Kaleigh, each year for tax purposes. HUSBAND will claim the child for 2005. 13. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 14. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees PAGE 4-SEPARATION AGREEMENT NEISS v. NEISS incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give fulI force and effect to the provisions of this agreement. 16. VOLUNTARY EXECUTION: The provisions ofthis agreement and their legal effect are fully understood by both parties. WIFE's legal counsel is Mark F. Bayley, Esquire. HUSBAND's legal counsel is Jane Adams, Esquire. 17. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 20. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shalI survive the same and shalI be binding and conclusive on the parties for all time. 21. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. PAGE 5-SEPARATION AGREEMENT NEISS v. NEISS 22. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 23. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. ofthe Commonwealth of Pennsylvania, and as amended. 24. SUMMARY OF EFFECT OF AGREEMENT: It is specificalIy understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in fulI settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 25. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shalI be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 26. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. PAGE 6-SEPARATION AGREEMENT NEISS v. NEISS 27. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shaH it be construed as a waiver of strict performance of any other obligations herein. 28. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 29. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specificaHy provided herein, this Agreement shaH continue in fuH force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 30. NOTICES: Any and aH notice given hereunder shaH be in writing and shaH be sent registered mail, return receipt requested: a. To Wife in care of Mark F Bayley, Esquire at 155 S. Hanover Street, Carlisle, PA 17013. b. To Husband in care of Jane Adams, Esquire, at 64 South Pitt Street, Carlisle, P A, 17013. 31. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 32. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. PAGE 7-SEPARATION AGREEMENT NEISS v. NEISS 33. This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. ~'d ~lVt( =t-ia e 1/-.2 j-t[) Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF( \. ~~.\lJ~ : SS ~~ PE RSC\!'\A LL Y -t\PPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this ':) day of ~ CO <1\ ~/ ,2005, Travis T. Neiss, known to me (or salisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set :S .__..~j COUNTY OF 'II::JI PERSQNALL Y APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this rzL day ofj\hvhlA I:u. r ,2005. Jessica H. Neiss, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and fficial seal. Notary Public COMMONWEALTH OF PENNSYLVANIA Notanal Seal Tammie l. Pelers, Notary Public SouIl1Middle,ro., Twp" C<Jmberland County My CommISSion Expires Sept 9. 2007 Member, PennsvlvRni.;; Association Of Notaries (') ~- ,..., c-" = ;J'O C? r-''j <> ('.) c::> "'" ::;;: Sf. '1...,.., n1~ .,-,rn :/~Y \ ,~~C) ~~ :;,'l (~}~ '~.::~ ~i5 :.<; '9 r.~ c:> TRAVIS T. NEISS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 2400 Civil Term JESSICA H. NEISS, CIVIL ACTION - DIVORCE/CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was tiled on May 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the tiling and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: b! 2-1 (0 b i \ WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330l(e) AND 6330l(dl OF THE DIVORCE CODE 1. I consent to entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I 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 tiled with the Prothonotary. 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: ~!U I O~ (') c ....., ~~; Q"" ", 0', ,.;' I,"":) 1'1 :e.,-, n'lr'';~ :'~lF.; -n -)~::t':; ; :;~~~ "'-'.J '.. (:J r'-" ~. "p :...::. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS T. NEISS, vs. No. os - 2400 Civil Term JESSICA H. .NEISS, CIVIL ACTION - DIVORCE/CUSTODY Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 10,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 490 ,relating to unsworn authorities. Date: G (21 (6-C:. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(0) AND ~330I(d) OF THE DIVORCE CODE 1. I consenl to entry of a final decree of divorce without notice. 2. I 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. 3. I 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. Date: b /~116b I verify that the statements made in this affidavit are true and erect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating t unsworn falsification to authorities. (') -, C) c....:> C c:.".:i -n ;;.';S-- ~ rnpJ N .~ol:D- ~?\T 0" ::::..:\C' , " 'c , C " , r.'? ~.~ c:.: CD ...( (' .,,;: TRAVIS T. NEISS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. : No. 05 - 2400 Civil Tenn JESSICA H. NEISS, : CIVIL ACTION - DIVORCE/CUSTODY Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following infonnation to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~3301(c2 of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, return-receipt requested, on: May 16, 2005 3. Date of execution of the affidavit of consent required by 330 1 (c) of the Divorce Code: By Plaintiff: June 21,2006 By Defendant: June 21, 2006. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: June 26, 2006 Date Plaintiffs Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: June 26, 2006 Date: ~ /?o/oro an Adams, Esquire I. . No. 79465 4 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff -- -- (') "",1 ( " ..-"1 ~ (j\ ,"';') .- , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNA. STATE OF Travis T. Neiss, Plaintiff No. 2005 - 2400 Civil Term No. , , VERSUS Jessica H. Neiss, Defendant , , , , . . . DECREE IN DIVORCE . . . AND NOW, ::r ~ 0- .hlJ (. e:r s :") t/ /.A . , IT IS ORDERED AND . . Travis T. Neiss . DECREED THAT , PLAINTIFF, . . Jessica H. Neiss . . . AND , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; the marriage settlement agreement which was executed December 5, 2005, and . . , filed December 20, 2005 shall be incorporate . . . . . ATTEST: 15/ ~. ~~ ,!/ - J&.bY yf PROTHONOTARY . . J. . ~~~ ~~p~ /~'l>'1;!f~ ?(?,h/'L., ~ 2. ~..w ~~ '?t?-/7/'c..