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HomeMy WebLinkAbout06-6618ERIC J. NEARHOOF, VS. Plaintiff ASHLEIGH E. ANGLEMEYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O(a -Co(of?' Lto?L l CUSTODY ACTION COMPLAINT FOR CUSTODY 1. The Plaintiff is Eric J. Nearhoof residing at 5236 Winding Way, Harrisburg, Pennsylvania, 17109. 2. The Defendant is Ashleigh E. Anglemeyer residing at 117 Maple Drive, Mechanicsburg, Pennsylvania, 17050. 3. Plaintiff seeks custody of the following child: Name Present Residence Age Kaileigh Elizabeth Nearhoof 117 Maple Drive 8 Mechanicsburg, PA 17050 4. The child was born out of wedlock. 5. The child is presently in the custody of the Defendant, Ashleigh E. Anglemeyer who resides at the above referenced address. 6. During the past five (5) years, the child has resided with the following persons and at the following addresses: Defendant Address Dates Defendant, husband and 117 Maple Drive May child Mechanicsburg, PA 2006-Present Defendant and husband 2720 Boas Street December 2004 Harrisburg, PA - May 2006 Defendant and husband 625 Linden Road December2002- Hershey, PA December 2004 Defendant and husband 1855 Deer Run Drive June 2002 - Hummelstown, PA December 2002 Defendant and parents 6101 Bluestone Avenue April 2001 - Georgine and William Harrisburg, PA 17102 June 2002 Oates 7. The Mother of the child is the Defendant. She is currently married 8. The Father of the child is the Plaintiff. He is currently married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with his wife and cousin at the above referenced address. 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with her husband and their son at the above-referenced address. 11. Plaintiff has not participated as a party or witness or in another capacity, except for adoption proceedings, concerning the custody of the child in this or another Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of the Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because father has been prevented from playing an active and nurturing role in the development of the child and having such a relationship with father would be in the best interests of the child. 15. 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, Eric J. Nearhoof, requests the Court to grant him shared legal and partial physical custody of the child. Respectfully su NEALON BY: (:? z"x Nicole M. Werner, Esquire Attorney I.D. #203057 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Eric J. Nearhoof, verify that the statements made in the foregoing CUSTODY COMPLAINT are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 10 1 C) ?, o?. ERIC J. NEARHOOF Qvv) :a- 41 ERIC J. NEARHOOF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEIGH E. ANGLEMEYER DEFENDANT • 06-6618 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 01, 2006 , 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, Mechanicsburg, PA 17055 on Wednesday, December 20, 2006 at 10:30 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 00 :0 d S- 0-700 9001 1t4SnV ? l.l'JtJCill?y?'? ??? a? ? DEC 1 5 2006?" C ERIC J. NEARHOFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-6618 CIVIL ACTION LAW IN CUSTODY VS. ASHLEIGH E. ANGLEMEYER Defendant ORDER AND NOW, this 15th day of December, 2006, the conciliator, being advised by counsel that all custody issues have been resolved by agreement between the parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for December 20, 2006 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator y q f {{f '0 a ERIC J. NEARHOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-6618 ASHLEIGH E. ANGLEMEYER, CIVIL ACTION -LAW Defendant IN CUSTODY CUSTODY STIPULATION AND NOW, this day of December, 2006, the Plaintiff, Eric J. Nearhoof, and the Defendant, Ashleigh E. Anglemeyer, stipulate as follows: WHEREAS, Eric J. Nearhoof, the Plaintiff in this matter, hereinafter referred to as "Father'", resides at 5236 Winding Way, Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, Ashleigh E. Anglemeyer, the Defendant in this matter, hereinafter referred to as "Mother", resides at 117 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, the parties are the parents of one minor child, namely, Kaileigh Elizabeth Nearhoof, born January 28, 1998; and WHEREAS, Father is represented by James Neaon, Esquire, of Nealon, Gover, and Perry, LLP; and WHEREAS, Mother is represented by Courtney L. Kishel, Esquire and the law firm of James, Smith, Dietterick & Connelly; and WHEREAS, it is the desire of the parties herein to enter into the following Custody Stipulation; NOW, THEREFORE, the parties mutually agree as follows: 1. LEGAL CUSTODY: The parties shall enjoy shared legal custody of the minor child. Shared legal custody means the right of both parties to control and to jointly make decisions of importance in the lives of their child including education, medical and religious decisions. Both parents shall be entitled to equal access to the child's school records, medical records, dental records and other important information. Each party agrees not to impair the other party's rights to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any extracurricular activities or circumstances concerning the child that could reasonable be expected to be the concern of the other or interfere with their periods of physical custody. Notwithstanding the fact that both parents have shared legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, and shall be consistent with other provisions of this Stipulation. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessary. However, that party shall inform the other of the emergency and consult the other party as soon as possible. I PHYSICAL CUSTODY: Primary custody of the child shall be with Mother. Father shall have periods of partial physical custody as deemed to be in the child's best interest by the child's therapist, Shanen Turk-Geller, LSW of Reigler Sheinvold & Associates, and as mutually agreed upon by the parties. At the present time, the parties understand that Father's custody periods will be supervised by the child's therapist, and Father agrees that he will continue to participate in the counseling sessions as needed and recommended by the therapist. It is the intended goal of the parties that Father gradually increase custodial time with the minor child, so that he will ultimately have periods of partial custody every other weekend. However, both parties agree to cooperate with the child's therapist and rely on her expertise to determine when that will occur. Father's partial custody shall be in accordance with the restrictions set for by Ms. Geller, including but not limited to supervised visits at her office, if necessary. 3. HOLIDAYS: The parties shall decide who shall have custody of the minor child during the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. 4. CHRISTMAS. The Christmas holiday shall be divided each year so that Mother has custody of the minor child from 12:00 p.m. on December 24t" through 12:00 p.m. on December 25t". Father shall have custody of the minor child from 12:00 p.m. on December 25t" through 12:00 p.m. on December 26t", upon approval of the child's therapist. 5. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody of the child on Mother's Day, and Father shall have custody of the child on Father's Day, regardless of the regular custody schedule. The custodial period pursuant to this paragraph shall commence at 3:00 p.m. on Saturday evening before the holiday, and continue through 3:00 p.m. on the holiday. 6. VACATION: Once the child's therapist approves Father's alternating weekend custodial arrangement as outlined in paragraph 2 herein, each party shall be entitled to one week summer vacation each year. The party electing the week ot'vacation shall provided written notice to the other party at least thirty (30) days in advance. The party to first select their vacation shall be entitled to the preference. A vacation shall not interfere with the other party's scheduled holidays, as outlined herein. T TRANSPORTATION: The parties shall share in transportation. The party receiving custody shall provide the transportation to their respective home. Each party shall ensure that the child is properly secured in a seatbelt when transporting her. The non- transporting party shall ensure that the child is prepared for the custodial exchange in a timely manner. 8. PRIORITY OF CUSTODIAL SCHEDULES: The periods of custody for the holidays, vacations or other special days set forth in this Stipulation shall take precedence over the normal custody schedule. Holidays and special days shall take precedent over vacations. 9. NO CONTROLLED SUBSTANCES OR ALCHOLIC BEVERAGES: During any periods of custody or visitation, the parties to this Stipulation shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 10. SMOKING PROHIBITED: Neither party shall smoke cigarettes or other tobacco products, or allow others to smoke in the presence of the child. 11. TELEPHONE CONTACT: Each party is entitled to reasonable telephone or e- mail contact with the child when they are in the other party's custody. The parties shall ensure that the other party has the current contact information to ensure communication. 112. RELOCATION: Neither party shall relocate from their current address, if such relocation will necessitate a change in the custody schedule as set forth in this Stipulation, or if the relocation would be to a location in excess of 50 miles from the other party's then current address unless (a) written notice is given to the other party not less than 60 days before the planned relocation; and (b) the other party either consents in writing to the relocation of the other party, or there is an Order of Court permitting said relocation. In the event of an intended relocation, either party may petition the Court for a modification of the terms of this Custody Stipulation by tiling a Petition to Modify Custody with the Prothonotary's Office in Cumberland County, Pennsylvania. 13. DEROGATORY REMARKS: Each party shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prevent third parties from doing the same. 14. COUNSELING: The parties have reached this stipulation under the understanding that the child will continue to receive counseling with Shanen Turk-Geller, ILSW at Reigler Sheinvold & Associates, until such time as either the professional deems the sessions unnecessary, or the parties mutually agree to terminate the counseling sessions. The parties agree to assist the child's psychologists, therapists and/or counselors in any way necessary, including but not limited to attend counseling sessions if recommended, in order to ensure that the child receives the treatment that is in her best interest, and aids in fostering healthy parental relationships. 15. EXCHANGE OF CONTACT INFORMATION: If either party has the child overnight at a place other than the then custodian's primary residence, that party will give the non-custodian party the address and telephone number where the child intends to spend the night. 16. FOSTERING RELATIONSHIPS: Each party agrees to cooperate in assisting their child to maintain and foster their friendships, encourage participation in extracurricular activities, and other special interests regardless of which household the child may be residing. 17. MODIFICATION OF TERMS: The parties are free to modify the terms of this Stipulation so long as both parties are in complete agreement to the new terms. In the event that one party does not consent to a change in the Stipulation, the Stipulation as it is written herein. shall prevail. 18. FINAL ORDER: The parties fully intend to comply the terms of this Stipulation as their custody agreement, and abide by said stipulation as an Order of Court. The parties each agree to waive their right to have the pending custody matter reviewed by a custody conciliator and/or by a judge of the Cumberland County Court of Common Pleas. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowl James Nealon, Esquire Attorney for Plaintiff Courtney L. Ki , el, Esquire Attorney for De?ndant Eric J. Nearhoof, Plaintiff Ashleigh A glemey r, efe nt DEC 21 M AD ERIC J. NEARHOOF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 06-6618 ASHLEIGH E. ANGLEMEYER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER AND NOW this ? da of December, y 2006, the attached Custody Stipulation is hereby entered as an Order of Court. The custody conciliation hearing scheduled for December 20, 2006, is hereby canceled. J. Distribution: ?`'ourtney L. Kishel, James, Smith, Dietterick & Connelly LLP, P.O. Box 650, Hershey, PA 17033 /James Nealon, Esquire, Nealon Gover & Perry, 2411 n. Front Street, Harrisburg, PA 17110 "'Z :9 [I 9? 310 911Jz ~!:' Ul'M Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P. C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant ERIC JAY NEARHOOF : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : DOCKET NO: 2006-6618 V. ASHLEIGH ELIZABETH ANGLEMEYER : CIVIL ACTION -CUSTODY Defendant PETITION TO MODIFY CUSTODY 1. The Plaintiff is Eric Jay Nearhoof, who currently resides at the Dauphin County Prison, 501 Mall Road Harrisburg, Dauphin County, Pennsylvania 17111. Prior to his incarceration on March 5, 2009, Plaintiff resided at 1030 Wooded Pond Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Defendant is Ashleigh Elizabeth Anglemeyer, who currently resides at 117 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Defendant seeks primary physical custody and sole legal custody of the following child: Name Present Residence Age Kaileigh E. Nearhoof 117 Maple Drive, Mechanicsburg, PA 11 4. The child was born out of wedlock. 5 6. 7. 8. Defendant has shared legal custody and primary physical custody of Kaileigh pursuant to an Order of Court dated December 21, 2006, a copy of which is attached hereto and is marked as Exhibit "A. During the past four (4) years, the child has resided with the following persons and at the following addresses: Persons Address Dates Defendant, Stepfather 117 Maple Drive May 2006 to present and Brother Mechanicsburg, PA Defendant, Stepfather 2720 Boas Street November 2004 to May 2006 and Brother Harrisburg, PA Defendant & Stepfather 625 Linden Road May 2003 to November 2004 Hershey, PA Defendant seeks to modify the Custody Order to award her sole legal custody and primary physical custody of Kaileigh and supervised visitation for Plaintiff. The best interest and permanent welfare of Kaileigh will be served by modifying the present Custody Order and granting Defendant the relief she requests because: a. Plaintiff has been on probation since 2004 for his conviction on theft charges; b. On February 15, 2009, Plaintiff s current wife, Maria Tsirigotis, sent a text message to Defendant advising her that Plaintiff would not be able to effect his period of partial physical custody with Kaileigh because "he was in New Jersey;" C. Contrary to his claims that he was in "New Jersey" on February 15, 2009, Plaintiff was incarcerated at the Lancaster County prison due to theft by deception charges filed against him by the Lancaster District Attorney's Office. Defendant did not find this out until March 3, 2009; d. On March 5, 2009, Plaintiff was arrested in Dauphin County for violating his parole. Specifically, Plaintiff's parole violation occurred because Plaintiff was charged with theft by deception by his former employer Sprint Telephone; e. Upon information and belief, Defendant fears that Plaintiff may have involved Kaileigh (completely unbeknownst to her or Defendant at the time) in his unlawful conduct; f. Since his arrest, Plaintiff has been a resident of the Dauphin County Prison where he will remain at least until his parole violation hearing. It is unclear right now whether or not Plaintiff will remain incarcerated pending the trial on the most recently filed criminal charges against him; g. Immediately following his arrest on March 5, 2009, Plaintiff's wife, Maria Tsirigotis began a campaign of calling and texting Defendant and Kaileigh to tell them that "Plaintiff did nothing wrong," and that "Kaileigh still needed to come to their house." As of the date of the filing of this Petition, Plaintiff's wife continues to try and communicate with Kaileigh to tell her that "Plaintiff has done nothing wrong;" h. Kaileigh is understandably having a very difficult time dealing with the fact that her father was arrested (this is compounded by the fact that the parties had never told her that Plaintiff was serving probation for other crimes) and the repeated attempts by Plaintiff's wife to communicate with Kaileigh to tell her that Plaintiff "has not done anything wrong" and that Plaintiff's "employer told him to [commit the crime]" are very upsetting and confusing to Kaileigh. These messages are also sending a very wrong message to Kaileigh about right and wrong and the consequences of exercising poor judgment; i. Despite the fact that Plaintiff's wife has no legal rights whatsoever when it comes to Kaileigh, Plaintiff's wife has contacted Kaileigh's therapist and other family members in an attempt to communicate with Kaileigh; j. Prior to his recent arrest, Plaintiff's wife attempted to exercise "legal custody" over Kaileigh by scheduling appointments for Kaileigh with Kaileigh's therapist without consulting with Defendant or obtaining Defendant's consent; k. Defendant has always been the Kaileigh's primary caregiver; 1. Kaileigh looks to Defendant as a constant source of love, stability and support; M. Defendant has at all times relevant placed the physical, emotional, and spiritual needs of Kaileigh ahead of her own; n. During the past several years, Plaintiff has spent little, if any, quality time with Kaileigh; o. Maintaining primary physical custody with Plaintiff and modifying the current Order to give Defendant sole legal custody of Kaileigh and limit Plaintiff's contact with Kaileigh to supervised settings will maintain the continuity, stability and certainty in Kaileigh's life and further insure that Kaileigh will not be exposed to or become an unwitting participant in Plaintiff's unlawful actions. Moreover, granting the relief requested will further insure that neither Plaintiff nor his wife will be in a position to communicate to Kaileigh that what Plaintiff has done is not unlawful or that he should not be held accountable for his poor judgment. 4. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Defendant, Ashleigh E. Anglemeyer, respectfully requests that this Honorable Court grant her sole legal custody, primary physical of the parties' minor child, Kaileigh; modify the current custody Order so that Plaintiff s periods of partial physical custody are limited to supervised contact; and further award Defendant all such other relief as is proper and just. Respectfully submitted, Date: March 13, 2009 7S,- W-&„ cJ-? Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, ' BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Defendant VERIFICATION I, Ashleigh E. Anglemeyer, verify that the statements made in the foregoing Petition to Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:J Ashleigh E. glemeyer 1 CERTIFICATE OF SERVICE I, Jeni S. Pilgrim, Esquire, counsel for the Defendant in the above captioned matter, certify that on this 13, day of March, 2009, I served a copy of the foregoing Petition to Modify Custody upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Eric Jay Nearhoof 1030 Wooded Pond Drive Harrisburg, PA 17111 Eric Jay Nearhoof Prisoner No. D62 391 c/o Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 VIA CERTIFIED MAIL & RETURN RECEIPT REQUESTED i S. Pilgrim, F64ire DEC 812006 p0 ERIC J. NEARHOOF, IN THE COURT OF COM OR Plaintiff CUMBERLAND COUNT` vi. ASHLEIGH E. ANGLEMEYER, Defendant NO. 06-6618 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this day of December, 2006, the attached Custody Stipulation is hereby entered as an Order of Court. The custody conciliation bearing scheduled for December 20, 2006, is hereby canceled. Distribution: 7 Courtney L. Kishel, James, Smith, Dietterick & Connelly LLP, P.O. Box 650, Hershey, PA 17033 James Nealon, Esquire, Nealon Gover & Perry, 2411 n. Front Street, Harrisburg, PA 171 10 ERIC J. NEARHOOF, Plaintiff V. ASHLEIGH E. ANGLEMEYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6618 CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION - ?? -n r-f - ri t'v CD =; V d f D 2006 th Pl AND NOW thi b i tiff E i J N fhbof ay o er, , s ecem , e a n , r c . ea , an44-; the Defendant Ashleigh E. Anglemeyer stipulate as follows: , , WHEREAS, Eric J. Nearhoof, the Plaintiff in this matter, hereinafter referred to as Y -t "Father", resides at 5236 Winding Way, Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, Ashleigh E. Anglemeyer, the Defendant in this matter, hereinafter referred to as "Mother", resides at 117 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, the parties are the parents of one minor child, namely, Kaileigh Elizabeth Nearhoof, born January 28, 1998; and WHEREAS, Father is represented by James Neaon, Esquire, of Nealon, Gover, and Perry, LLP; and WHEREAS, Mother is represented by Courtney L. Kishel, Esquire and the law firm of James, Smith, Dietterick & Connelly; and WHEREAS, it is the desire of the parties herein to enter into the following Custody Stipulation; NOW, THEREFORE, the parties mutually agree as follows: LEGAL CUSTODY: The parties shall enjoy shared legal custody of the minor child. Shared legal custody means the right of both parties to control and to jointly make decisions of importance in the lives of their child including education, medical and religious decisions. Both parents shall be entitled to equal access to the child's school records, medical records, dental records and other important information. Each party agrees not to impair the other party's rights to shared legal custody of the minor child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any extracurricular activities or circumstances concerning the child that could reasonable be expected to be the concern of the other or interfere with their periods of physical custody. Notwithstanding the fact that both parents have shared legal custody, non-major decisions involving the child's day to day living shall be made by the parent then having custody, and shall be consistent with other provisions of this Stipulation. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessary. However, that party shall inform the other of the emergency and consult the other party as soon as possible. 2. PHYSICAL CUSTODY: Primary custody of the child shall be with Mother. Father shall have periods of partial physical custody as deemed to be in the child's best interest by the child's therapist, Shanen Turk-Geller, LSW of Reigler Sheinvold & Associates, and as mutually agreed upon by the parties. At the present time, the parties understand that Father's custody periods will be supervised by the child's therapist, and Father agrees that he will continue to participate in the counseling sessions as needed and recommended by the therapist. It is the intended goal of the parties that Father gradually increase custodial time with the minor child, so that he will ultimately have periods of partial custody every other weekend. However, both parties agree to cooperate with the child's therapist and rely on her expertise to determine when that will occur. Father's partial custody shall be in accordance with the restrictions set for by Ms. Geller, including but not limited to supervised visits at her office, if necessary. 3. HOLIDAYS: The parties shall decide who shall have custody of the minor child during the following major holidays: Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. 4. CHRISTMAS. The Christmas holiday shall be divided each year so that Mother has custody of the minor child from 12:00 p.m. on December 24th through 12:00 p.m. on December 25th. Father shall have custody of the minor child from 12:00 p.m. on December 25`' through 12:00 p.m. on December 26th, upon approval of the child's therapist. 5. MOTHER'S DAY AND FATHER'S DAY: Mother shall have custody of the child on Mother's Day, and Father shall have custody of the child on Father's Day, regardless of the regular custody schedule. The custodial period pursuant to this paragraph shall commence at 3:00 p.m. on Saturday evening before the holiday, and continue through 3:00 p.m. on the holiday. 6. VACATION: Once the child's therapist approves Father's alternating weekend custodial arrangement as outlined in paragraph 2 herein, each party shall be entitled to one week summer vacation each year. The party electing the week of vacation shall provided written. notice to the other party at least thirty (30) days in advance. The party to first select their vacation shall be entitled to the preference. A vacation shall not interfere with the other party's scheduled holidays, as outlined herein. 7. TRANSPORTATION: The parties shall share in transportation. The party receiving custody shall provide the transportation to their respective home. Each party shall ensure that the child is properly secured in a seatbelt when transporting her. The non- transporting party shall ensure that the child is prepared for the custodial exchange in a timely manner. 8. PRIORITY OF CUSTODIAL SCHEDULES: The periods of custody for the holidays, vacations or other special days set forth in this Stipulation shall take precedence over the normal custody schedule. Holidays and special days shall take precedent over vacations. 9. NO CONTROLLED SUBSTANCES OR ALCHOLIC BEVERAGES: During any periods of custody or visitation, the parties to this Stipulation shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 10. SMOKING PROHIBITED: Neither party shall smoke cigarettes or other tobacco products, or allow others to smoke in the presence of the child. 11. TELEPHONE CONTACT: Each party is entitled to reasonable telephone or e- mail contact with the child when they are in the other party's custody. The parties shall ensure that the other party has the current contact information to ensure communication. 12. RELOCATION: Neither party shall relocate from their current address, if such relocation will necessitate a change in the custody schedule as set forth in this Stipulation, or if the relocation would be to a location in excess of 50 miles from the other party's then current address unless (a) written notice is given to the other party not less than 60 days before the planned relocation; and (b) the other party either consents in writiniz to the relocation of the other party, or there is an Order of Court permitting said relocation. In the event of an intended relocation, either party may petition the Court for a modification of the terms of this Custody Stipulation by filing a Petition to Modify Custody with the Prothonotary's Office in Cumberland County, Pennsylvania. 13. DEROGATORY REMARKS: Each party shall refrain from making derogatory comments about the other party in the presence of the child, and to the extent possible, shall prevent third parties from doing the same. 14. COUNSELING: The parties have reached this stipulation under the understanding that the child will continue to receive counseling with Shanen Turk-Geller, LSW at Reigler Sheinvold & Associates, until such time as either the professional deems the sessions unnecessary, or the parties mutually agree to terminate the counseling sessions. The parties agree to assist the child's psychologists, therapists and/or counselors in any way necessary, including but not limited to attend counseling sessions if recommended, in order to ensure that the child receives the treatment that is in her best interest, and aids in fostering healthy parental relationships. 15. EXCHANGE OF CONTACT INFORMATION: If either party has the child overnight at a place other than the then custodian's primary residence, that party will give the non-custodian party the address and telephone number where the child intends to spend the night. 16. FOSTERING RELATIONSHIPS: Each party agrees to cooperate in assisting their child to maintain and foster their friendships, encourage participation in extracurricular activities, and other special interests regardless of which household the child may be residing. 17. MODIFICATION OF TERMS: The parties are free to modify the terms of this Stipulation so long as both parties are in complete agreement to the new terms. In the event that one party does not consent to a change in the Stipulation, the Stipulation as it is written herein, shall prevail. 18. FINAL ORDER: The parties fully intend to comply the terns of this Stipulation as their custody agreement, and abide by said stipulation as an Order of Court. The parties each agree to waive their right to have the pending custody matter reviewed by a custody conciliator and/or by a judge of the Cumberland County Court of Common Pleas. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their James Nealon, Esquire Eric J. Nearhoof, Plaintiff Attorney for Plaintiff r. -?Y I Courtney L. Ki e ; Esquire Ashleigh . A glemey r, efe nt Attorney for De ndant -fP- ? ? ? • ?NZ ?,, C•.3 ?J? Pn i• ? ' ? O ? . ?_ ...b.? -?? T1 i,.-.• ` ? W . M _.,. 1 1 ._ i { O ? t ..,?? ?? ?? ? ti? C. C7 ..IJ ,?, "<w ERIC JAY NEARHOOF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2006-6618 CIVIL ACTION LAW ASHLEIGH ELIZABETH ANGLEMEYER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, March 18, 2009 _,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, Mechanicsburg, PA 17055 on Thursday, April 23, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?r ? ?a yip ,emu, scar ? 4v •0 aryl E' 0 0 : ? d 61 8vw 600Z ERIC J. NEARHOOF, VS. Plaintiff ASHLEIGH E. ANGLEMEYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6618 CUSTODY ACTION PETITION OF TINA LEHMAN TO INTERVENE AND FOR PERIODS OF PARTIAL CUSTODY 1. Petitioner, Tina Lehman ("Paternal Grandmother") is an adult individual who currently resides at 268 Grandview Drive, Hummelstown, PA 17036. 2. Respondent, Eric J. Nearhoof ("Father") is an adult individual who currently is incarcerated at the Dauphin County Prison. 3. Respondent, Ashleigh E. Anglemeyer ("Mother") is an adult individual who currently resides at 117 Maple Drive, Mechanicsburg, Pennsylvania. 4. Father and Mother are the parents of one minor child, Kaileigh E. Nearhoof, 11. 5. On December 21, 2006, this Honorable Court approved a Custody Stipulation. The Order provided that Mother and Father would share legal custody and Mother would have primary physical custody. Father was to have periods of partial custody to be expanded as recommended by the child's counselor, Shanen Turk-Geller. 6. The counselor did recommend that Father enjoy periods of partial custody. Until recently, Father was exercising custody primarily on every other weekend and one overnight per week. 7. Recently, Father was incarcerated on a probation violation. 8. Father's family, including Paternal Grandmother and his wife, Maria Tsirigotis, have been an active and positive influence on Kaileigh. In addition, Paternal Grandmother has another child, Taylin Lehman, who is extremely close to Kaileigh. 9. Mother has cut off all contact between Kaileigh and Father's family. Mother has intercepted mailings from Father to Kaileigh in an effort to isolate Kaileigh and alienate her from Father and his family. 10. Kaileigh has expressed a strong desire to maintain contact with Father's family. Kaileigh has contacted her counselor for assistance in re-establishing contact with Father's family. 11. Paternal Grandmother has standing to intervene in the instant action and to seek periods of partial custody. 12. The best interest and permanent welfare of the minor child would be served by granting the requested relief. WHEREFORE, Petitioner, Tina Lehman, urges This Honorable Court to permit her to intervene in the instant action and to award her periods of partial custody. Respectfully si NEALON LA By: 4? --, / &I ?-C)6? James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Tina Lehman, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: ).0- I C) ? T A LEH A CERTIFICATE OF SERVICE AND NOW, this day of April, 2009, 1 hereby certify that I have served the foregoing Petition of Tina Lehman to Intervene and For Periods of Partial Custody on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Paige Macdonald-Matthes 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Jam G. Nealon, III, Esquire FILED-0: (CE V 2 AP 22 Pl ': 03 yd. ERIC J. NEARHOOF IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ASHLEIGH E. ANGLEMEYER DEFENDANT 2006-6618 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 22, 2009 , 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, Mechanicsburg, PA 17055 on Thursday, April 23, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court 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/ Dawn S. Sunda Es q, jAr 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 FILE C- 4F ? Hf PIS r, FH(. ,g l0T:APY 2009 APR 22 PH 2= 58 Cf. M _ ; ,ate JAN 2U LUIU ERIC JAY NEARHOOF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 2006-6618 CIVIL ACTION LAW ASHLEIGH ELIZABETH ANGLEMEYER Defendant IN CUSTODY r) a _., :zj N) =7Fa m -ri ORDER AND NOW, this 14th day of January, 2010 , the conciliator, having received no further advice from counsel as to further disposition of this matter following conciliation conferences on April 23, 2009 and May 15, 2009, hereby relinquishes jurisdiction. FOR THE COURT, czen' Dawn S. Sunday, Esquire Custody Conciliator