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HomeMy WebLinkAbout02-1150REBECCA A. NEIDIGH, Plaintiff vs. LESTER S. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. oa-?1.?Q CIVIL TERM IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 REBECCA A. NEIDIGH, Plaintiff vs. LESTER S. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oa- 1150 CIVIL TERM IN DIVORCE AND CUSTODY COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Rebecca A. Neidigh, an adult individual, currently residing at 6 Betty Nelson Court, Carlisle, Pennsylvania, 17013. 2. Defendant is Lester S. Neidigh, an adult individual, currently residing at 1146 Doublin Gap Road, Newville, Pennsylvania 17241. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28,1991, in Cumberland County, Pennsylvania. COUNT I - DIVORCE UNDER SECTIONS 3301 (a)6, 3301 (c) AND 3301(d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II COMPLAINT FOR CUSTODY 10. Plaintiff is Rebecca A. Neidigh, an adult individual, currently residing at 6 Betty Nelson Court, Carlisle, Pennsylvania, 17013. 11. Defendant is Lester S. Neidigh, an adult individual, currently residing at 1146 Doublin Gap Road, Newville, Pennsylvania 17241. 12. Plaintiff and Defendant seek custody of the following children : Tyler Scott Neidigh, born May 31, 1993, Ashley Nicole Neidigh, born April 3, 1995 and Russell Irvin Neidigh, born March 4, 1997. The children were not born out of wedlock. The children are presently in the joint custody of both parents on a schedule dictated by their respective work times and the children's schooling. During the past five years, or since the children's births, they have resided with the following persons at the following addresses: (a) from 1995 to the November, 2001 with both parties at 1146 Doublin Gap Road, Newville, Pennsylvania. The natural mother of the children is Rebecca A. Neidigh. She is married to Lester S. Neidigh. The natural father of the children is Lester S. Neidigh. 13. The relationship of the Plaintiff to the children is that of natural mother. 14. The relationship of the Defendant to the children is that of natural father. 15. The parties have not participated in litigation, in any capacity, concerning the custody of the children in this or any Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because: (a) Both parents have been actively involved with raising their children. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. NAME ADDRESS BASIS OF CLAIM None WHEREFORE, Plaintiff respectfully requests your Honorable Court to: A. grant equal and shared physical and legal custody of the children to the Plaintiff and the Defendant; B. grant such other relief as is just and in the best interest of the children. Date: 5- 6 2 Respectfully submitted, 4-C Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 (717) 249-6873 rlo.dir/clients/neidigh/com I verify that the statements made in the foregoing Complaint for Divorce and Custody 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. qlkze5o, 0. c'e?C Rebecca A. Neidigh DATE: ?? 0 r mire CJC ? r =1 f? T REBECCA A. NEIDIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-1150 CIVIL ACTION LAW LESTER S. NEIDIGH DEFENDANT IN CUSTODY AND NOW, Wednesday March 13, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Wednesday April 17, 2002 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ?acqjmjjae AL Verney. &4. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Mi MASNNrld ,uLwan r.,,,?,:,-rvno hI :Z YJ ? I LVW l0 iI °i.t APR 118 REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 22-+ ? day of r , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother, Rebecca A. Neidigh, and the Father, Lester S. Neidigh, shall have shared legal custody of Tyler Scott Neidigh, born May 31, 1993, Ashley Nicole Neidigh, born April 3, 1995, and Russell Irvin Neidigh, born March 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall share physical custody of the Children as the parties agree to coincide with their work schedules to equalize as much as possible the amount of time that each parent has in any given 28 day period. 3. The Christmas holiday shall be in two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Mother shall have Block A in odd numbered years. Father shall have Block B in odd numbered years and Mother shall have Block B in even numbered years. 4. Mother shall have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport the Children, unless otherwise agreed by the parties. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual HINNAI.ASNN3d LINnOO su :z N sz 8av z© consent. In the absence of mutual consent, the terms of this Order shall control. The parties shall return for another Conciliation Conference on June 26, 2002 at 8:30 a.m. BY THE COURT, J. cc:ob L. O'Brien, Esquire, counsel for Mother rth O. Brenneman, Esquire, counsel for Father Rj 0 a3 o a REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .2002-1150 CIVIL TERM IN CUSTODY : CIVIL ACTION - LAW CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Scott Neidigh May 31, 1993 shared Ashley Nicole Neidigh April 3, 1995 shared Russell Irvin Neidigh March 4, 1997 shared 2. A Conciliation Conference was held in this matter on April 17, 2002. The following people were present at the conference: Mother, Rebecca A. Neidigh was present with her counsel, Robert L. O'Brien, Esquire. Father, Lester S. Neidigh was present with his counsel, Keith O. Brenneman, Esquire. The parties agreed to the entry of an Order in the form as attached. N -o? Date cqu line M. Verney, Esquire Custody Conciliator JU 7 2002 REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of TELLI'le , 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. of the Cumberland County Court House, on the ?? day of? , 2002, at ;3D o'clock, `} .M., at which time testimony will be taken. For purposes of this earmg, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the Order of Court dated April 22, 2002 shall remain in full force and effect. BY THE COURT J. sley Oler r. J J cc: Robert L. O'Brien, Esquire, counsel for Mother Keith O. Brenneman, Esquire, counsel for Father VIN\X--ISNNdd Le :Z ;':ra i-.101'-60 JUN 2 ft REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Scott Neidigh May 31, 1993 Ashley Nicole Neidigh April 3, 1995 shared Russell Irvin Neidi shared gh March 4, 1997 shared 2. A Conciliation Conference was held in this matter on June 26, 2002. The following people were present at the conference: Mother, Rebecca A. Neidigh was present with her counsel, Robert L. O'Brien, Esquire. Father, Lester S. Neidigh was present with his counsel, Keith O. Brenneman, Esquire. 3. A prior Order of Court was entered by the Honorable J. Wesley Oler, Jr. dated April 22, 2002, providing for the parents to have shared legal and physical custody of the children. The parties work the same complicated schedule at Carlisle Tire and Wheel. They previously agreed to share physical custody on a schedule agreed by them to equalize their time with the children within any given 28-day period. 4. At the Conciliation Conference a dispute arose regarding the day of transfer after the parties' 5-day off period. If the day was Wednesday, Father would receive more time during the month; if it was Thursday, the time would be equalized. 5. Father's position on custody is as follows: he agrees with shared legal and physical custody but believes the children should return to him after the parties' 5 day off period on Wednesday. Father would also like the opportunity to take the children camping during the months of June, July and August during the parties' 5-days off, time which Mother currently has the children. 6. Mother's position on custody is as follows: she agrees with shared legal and physical custody but believes the children should be returned to Father on Thursday after the parties' five days off period. Mother is not opposed to Father taking the children camping provided Father gives prior notice and make up time is offered. 7. The Conciliator recommends an Order in the form as attached scheduling a hearing and continuing the prior Order of Court dated April 22, 2002. It is expected that the hearing will require one half day. -7 -aoz ?. Daate acq line M. Verney, Esquire Custody Conciliator REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1150 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER t day of SPpt?Lcr , 2002, upon consideration of the Petition of Lester S. Neidigh For Special Relief, a hearing is scheduled on the Petition to take LAW OFFICES SNELBAKER. BRENNEMAN & SPARE place on the )4- day of , 2002 at F!3,0 o'clock a . m. at Courtroom No. of the Cumberland County Courthouse. 4 i-0 BY THE COURT: 111I t/iNt;'r1?1??1N oe : { rah `' 635 r y?i i REBECCA A. NEIDIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESTER S. NEIDIGH, Defendant NO. 02-1150 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of October, 2002, upon consideration of Plaintiff's complaint for custody with respect to the parties' children, Tyler Scott Neidigh (d.o.b. May 31, 1993), Ashley Nicole Neidigh (d.o.b. April 3, 1995), and Russell Irvin Neidigh (d.o.b. March 4, 1997), following a hearing held on October 3, 2002, and based upon the court's perception as to the best interests of the children, the terms of the order of court dated April 22, 2002, shall remain in full force and effect. PARAGRAPH 2 of the order dated April 22, 2002, shall be interpreted to require an equal number of overnights for the parties. THE CUSTODIAL parent shall be responsible for bathing the children at least once each day. BY THE COURT, Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ?o- y-0 1 ?;N,4AI gNN3d Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendant :rc REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-1150 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of October, 2002, upon consideration of Plaintiff's complaint for custody with respect to the parties' children, Tyler S. Neidigh (date of birth May 31, 1993), Ashley N. Neidigh (date of birth April 3, 1995) and Russell I. Neidigh (date of birth March 4, 1997), and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For the Defendant pcb By the Court, z'I :s ?4 - iJo zo REBECCA A. NEIDIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LESTER S. NEIDIGH, NO. 2002-1150 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3rd day of October, 2002, upon consideration of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and pursuant to an agreement of counsel based upon the fact that the request in the petition has been effectuated through an agreement of the parties, the petition is deemed moot. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For the Defendant D n - (M o C r\) - r t c j t pcb By the Court, REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant PETITION FOR MODIFICATION OF CUSTODY ORDER Petitioner Lester L. Neidigh, by his attorneys, Snelbaker & Brenneman, P. C., submits this Petition as follows: 1. Lester S. Neidigh, Petitioner herein, is an adult individual residing at 1146 Doublin Gap Road, Newville, Pennsylvania, 17241. 2. Respondent Rebecca A. Neidigh is an adult individual residing at 1739 Pine Road, Newville, Pennsylvania, 17241. 3. The parties hereto are the natural parents of the following three children: Name Tyler S. Neidigh i Ashley N. Neidigh Russel I. Neid;gh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-1150 CIVIL TERM Date of Birth May 31, 1993 April 3, 1995 March 4, 1997 Age 14 12 10 4. The parties have shared legal custody of their three children pursuant to an Order of Court dated April 22, 2002 attached hereto and incorporated by reference herein as "Exhibit A" and an Order of Court dated October 4, 2002 attached hereto and incorporated by reference herein as "Exhibit B". LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. 5. The Order of Court should be modified to secure primary and full physical custody of parties' three children in Petitioner's Lester S. Neidigh for the following reasons, among a. Respondent has expressed her desire to not have custody of her children; b. Respondent does not provide food or adequate food to her children in her home; C. Respondent's home is not heated; d. Respondent does not require or enforce her older son Tyler's obligation to go to school; e. Respondent has exhibited parental irresponsibility by, inter alia, leaving her children alone for extended periods of time and getting her and Tyler intoxicated on his 14th birthday; f. Respondent's current boyfriend threatened Tyler; and g. Respondent continually fails to provide structure and discipline to her children while they are in her custody. 6. It is in the best interest of the parties' children that the two custody Orders described I above be modified to provide Petitioner with primary physical custody of his three children. WHEREFORE, Petitioner requests this Court to issue an Order granting Petitioner primary physical custody of the parties' three children. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: July 30, 2007 Attorneys for Petition Lester S. Neidigh -2- VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I that false statements herein are made subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. 3?- a7 Lester S. Neidigh LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. APR 1 8 200[ ec Le_64er- ,41/A4/ REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT nd AND NOW, this ? day of A f) e I , 2002, upon - consideration of the attached Custody Conciliati n Report, it is ordered and directed as follows: 1. Mother, Rebecca A. Neidigh, and the Father, Lester S. Neidigh, shall have shared legal custody of Tyler Scott Neidigh, born May 31, 1993, Ashley Nicole Neidigh, born April 3, 1995, and Russell Irvin Neidigh, born March 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The parties shall share physical custody of the Children as the parties agree to coincide with their work schedules to equalize as much as possible the amount of time that each parent has in any given 28 day period. 3. The Christmas holiday shall be in two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Mother shall have Block A in odd numbered years. Father shall have Block B in odd numbered years and Mother shall have Block B in even numbered years. 4. Mother shall have custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. Father shall have custody of the children on Father's Day from 9:00 a.m. to 5:00 p.m. 5. Transportation shall be shared such that the receiving party shall transport the Children, unless otherwise agreed by the parties. 6. This Order, is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual EXHIBIT A consent. In the absence of mutual consent, the terms of this Order shall control. The parties shall return for another Conciliation Conference on June 26, 2002 at 8:30 a.m. cc: Robert L. O'Brien, Esquire, counsel for Mother Keith O. Brenneman, Esquire, counsel for Father TRUE CORY FROM rV--MRD In T ny whe of, l here io sat my hand and#seal of d Cpurt at;rlisle, Pa. Prothonotary, REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2002-1150 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Scott Neidigh May 31, 1993 shared Ashley Nicole Neidigh April 3, 1995 shared Russell Irvin Neidigh March 4, 1997 shared 2. A Conciliation Conference was held in this matter on April 17, 2002. The following people were present at the conference: Mother, Rebecca A. Neidigh was present with her counsel, Robert L. O'Brien, Esquire. Father, Lester S. Neidigh was present with his counsel, Keith O. Brenneman, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date V cq ine M. Verney, Esquire Custody Conciliator REBECCA A. NEIDIGH, Plaintiff V. LESTER S. NEIDIGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1150 CIVIL TERM ORDER OF COURT AND NOW, this 4 h day of October, 2002, upon consideration of Plaintiff's complaint for custody with respect to the parties' children, Tyler Scott Neidigh (d.o.b. May 31, 1993), Ashley Nicole Neidigh (d.o.b. April 3, 1995), and Russell Irvin Neidigh (d.o.b. March 4, 1997), following a hearing held on October 3, 2002, and based upon the court's perception as to the best interests of the children, the terms of the order of court dated April 22, 2002, shalt remain in full force and effect. PARAGRAPH 2 of the order dated April 22, 2002, shall be interpreted to require an equal number of overnights for the parties. THE CUSTODIAL parent shall be responsible for bathing the children at least once each day. BY THE COURT, Robert L. O'Brien, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff EXHIBIT B CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to Modify Custody Order be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Rebecca A. Neidigh 1739 Pine Road Newville, PA 17241 Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Lester S. Neidigh Date: July 31, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Cam') -ct s? rr! r ? ; d b N ca rte-' 0 k n b m 4,5 REBECCA A. NEIDIGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LESTER S. NEIDIGH DEFENDANT 02-1150 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, August 03, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 04, 2007 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, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Vemev, Es q. iA. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?rn??F? ?? • ?' ?? ?_ ??? ?.t?OZ fy?V? ??,a?('}.lt??? 'CA A. NEIDIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1150 CIVIL TERM S. NEIDIGH, : CIVIL ACTION -LAW Defendant : CUSTODY AFFIDAVIT OF SERVICE MMONWEALTH OF PENNSYLVANIA) . SS. OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Lester Neidigh, the Defendant in the above-captioned action; that on July 31, 2007 he did send to Rebecca A.1 Teidigh by certified mail, return receipt requested, restricted delivery a duly copy of the Petition For Modification of Custody Order in the above-captioned action as by the cover letter of the same date and Receipt For Certified Mail No. 7003 1010 8131 1323; that both the Petition and cover letter were duly received by Plaintiff Rebecca Neidigh as evidenced by the Return Receipt card for said certified mail dated August 14, 007; that a copy of the aforementioned cover letter dated July 31, 2007 is attached hereto and by reference herein as "Exhibit A"; that the original Receipt For Certified Mail and Domestic Return Receipt are attached hereto and incorporated by reference herein as LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?& . .`. "Exhibit B"; and that the facts stated above are true and correct to the best of his knowledge, and belief. Keith O. Brenneman Sworn to and subscribed before me this 1St day of August, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matrazi, Notary Public Medwicsbu Boro, Cumberland County My Comm Bpres Nov. 24,2D(17 Member, Pennsylvania Association of Notaries LAW OFFICES SNELBAKER a BRENNEMAN, P.C. -2- SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MART STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BREN14EMA14 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 Rebecca A. Neidigh 1739 Pine Road Newville, PA 17241 July 31, 2007 Re: Neidigh v. Neidigh (Custody) No. 2002-1150, Cumberland County Dear Ms. Neidigh: Enclosed please find a time-stamped copy of a Petition For Modification of Custody Order, the original of which was filed this date in Cumberland County. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Lester Neidigh (w/enclosure) Robert L. O'Brien, Esquire (w/enclosure) By certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8131 1323 EXHIBIT A • U.S. Postal Service,,., CERTIFIED MAILT. RECEIPT (Do tic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corn O C3 Certified Fee O C3 Return Redept Fee (Endorsement Required) C3 Restricted Dellvery Fee (Endorsement Required) G ra Total Postage & Fees ?_. Here ere ?.re m 0 o Rebecca A. Neidigh r- 3fr-e-s-t Apt IVo.;----------------------? or PO Box No. 1739 Pine Road Cite State, ZIP+4 ------------------- Newville, PA 1724 ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Rebecca A. Neidigh 1739 Pine Road Newville, PA 17241 a a igneture c,fJ?t ??Ad I -- \ Received by (Pd, O! Date of Delhtery Ie% d1 ecc? ? ?-Iy-o7 D. Is delivery address different from Item 1? ? Yes below: IfOWRI ? No CTED DEL DELIVERY 3 Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 2. Article Number (Transfer from service, 7003 1010 0000 8131 1323 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT B "*? 4? + _ 4_? ?„ `Ty -r _ ? Fi'7 a, ? r ?? ? E .) " ?') 1>,: ?1 !? 04l00? REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ?e J. - - _ , 2007, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: 1. The prior Orders of Court dated April 22, 2002 and October 4, 2002 are hereby vacated. 2. Mother, Rebecca A. Neidigh, and the Father, Lester S. Neidigh, shall have shared legal custody of Tyler S. Neidigh, born May 31, 1993, Ashley N. Neidigh, born April 3, 1995, and Russell I. Neidigh, born March 4, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. Both parents shall advise the other when and where they are relocating and keep the other advised as to a current telephone number. Mother shall provide health insurance cards to Father. U ;L cn ° U O c^? 3. Father shall have primary physical custody of the children. 4. Mother shall have periods of partial physical custody on alternating weekends from Friday at 4:00 p.m. to Sunday at 4:00 p.m. 5. Mother shall be entitled to physical custody of the children for one full week in the summer provided she give Father 30 days prior notice. 6. Mother shall have physical custody of the children from 9:00 a.m. to 9:00 p.m. every Christmas Eve. 7. Transportation shall be shared such that the receiving party shall transport. 8. This Order is entered pursuant to a request of Father at a Custody Conciliation Conference. 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. cc :J ith O. Brenneman, Esquire, counsel for Father ,Xebecca A. Neidigh, pro se 445 Run Road Carlisle, PA 17013 A BY THE COURT. QW On 2W 04 REBECCA A. NEIDIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2002-1150 CIVIL TERM LESTER S. NEIDIGH, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., 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: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler Scott Neidigh May 31, 1993 Father Ashley Nicole Neidigh April 3, 1995 Father Russell Irvin Neidigh March 4, 1997 Father 2. A Conciliation Conference was held in this matter on September 4, 2007. The following people were present at the conference: Father, Lester S. Neidigh was present with his counsel, Keith O. Brenneman, Esquire. Mother, although notified of the Conciliation Conference did not appear. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated April 22, 2002 and October 4, 2002 providing for shared legal custody and shared physical custody. 4. Father requested an Order in the form as attached. Q -1} -o 7 Date M, Y J qu ne M. Verney, Esquire Custody Conciliator