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HomeMy WebLinkAbout07-0607Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jason A. Engle, Plaintiff No. 07.011 (Civil Term) CIVIL ACTION - LAW Nicole E. Engle, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Jason A. Engle, residing at 404 Wren Court, Mechanicsburg, Cumberland County, PA 17050. 2. The defendant is Nicole E. Engle, residing at 101 N. Chestnut Street, Harrisburg, Dauphin County, PA. 3. Plaintiff seeks primary physical custody of the following children: Paige Lynn Engle, born September 28, 1991, age 15; Morgan Elaine Engle, born May 26, 1999, age 7; and Dillon Joseph Engle, born February 1, 2002, age 4. Since November 26, 2006, the parties have been sharing physical custody of the children week on, week off between the above addresses. The parties' daughter, Paige, was born out of wedlock. The parties' children, Morgan and Dillon, were born during marriage. During the past five years, the children have resided with the following persons and at the following addresses: (List All Persons) (List All Addresses Dates Jason A. Engle 404 Wren Court Since 2001 Nicole E. Engle Mechanicsburg, PA 17050 to 11/24/06 Jason A. Engle 404 Wren Court From 11/24/06 Julie Baer Mechanicsburg, PA 17050 to 11/26/06 Marcus Roof Michaela Baer Jason A. Engle 404 Wren Court Week on/week off Julie Baer Mechanicsburg, PA from 11/26/06 to Marcus Roof 17050 the present Michaela Baer Nicole E. Engle 101 N. Chestnut Street Week on/week off Michael Baer Harrisburg, PA 17109 from 11/26/06 to Marcus Roof the present Michaela Baer The mother of the children is Nicole E. Engle, currently residing at 101 N. Chestnut Street, Harrisburg, PA 17109. She is married. The father of the children is Jason A. Engle, currently residing at 404 Wren Court, Mechanicsburg, PA 17050. He is married. 4. The relationship of plaintiff to the children is that of father. The plaintiff currently resides with the following persons: Name Relationship Julie Baer Girlfriend Marcus Roof Girlfriend's son Michaela Baer Girlfriend's daughter 5. The relationship of defendant to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Michael Baer Boyfriend Marcus Roof Boyfriend's stepson Michaela Baer Boyfriend's daughter 6. The parties have participated in other litigation concerning the custody of their minor daughter, Paige Lynn Engle. The court, term and number is: Dauphin County Court of Common Pleas, docketed to No. 2182 S, 1993 wherein the parties executed a Custody Stipulation dated August 9, 1993 and an Order of Court was entered with regard thereto on November 13, 1993. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 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. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff can provide a nurturing and loving environment for the children. Plaintiff will assure that the children are actively involved in their extracurricular activities. Plaintiff has always taken an active role in the children's lives. For the time period from June, 2006 to November 24, 2006, the date that Defendant moved from the marital residence, even though Defendant resided in the marital residence, it was Plaintiff who was the primary care giver for the children. Plaintiff will assure that the children continue to have a meaningful relationship with Defendant. Plaintiff can provide a more stable environment for the children. 7. 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. Wherefore, Plaintiff requests the court to grant primary physical custody of the children in him with partial physical custody in Defendant. andra L. Meilton, Esq re, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 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. § 4904 relating to unworn falsification to authorities. Jason A.°' g le, Plai 'ff CERTIFICATE OF SERVICE AND NOW, this 31 day of 71;h04dz , 2007, I, Gloria M. Rine, Paralegal, hereby certifies that I have this day served a copy of the within document, by mailing the same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Gloria M. Rine, Paralegal r.a - - T 1 l1? O ?? F 4 7 JASON A. ENGLE PLAINTIFF V. NICOLE E. ENGLE DEFENDANT IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 07-607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 06, 2007 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 09, 2007 at 3:00 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. 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/ John. Man an Jr., Es q. 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 ,, go- /Wvvpv" J Plwi4 Yu? x:.i ; pp ?I inn 11W1i r? ?F ? ? ` E15t! 1 .01 WJ L- 03J LOOK JUN 112007 JASON A. ENGLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE E. ENGLE : No. 07-607 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER Z? AND NOW, this day of June, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The Father, Jason Engle and Mother, Nicole Engle, shall enjoy shared legal custody of Paige Lynn Engle, born September 28, 1991; Morgan Elaine Engle, born May 26, 1999; and Dillon Joseph Engle, born February 1, 2002. The parties shall have an equal right 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 Mother and Father shall enjoy shared physical custody of the Children on alternating weeks. 3. The Mother and Father shall facilitate becoming involved in therapeutic family counseling. Upon the recommendation of the counselor, Paige Lynn Engle is directed to participate in the counseling sessions. The parties have agreed to attend counseling with Dennis Graybill. The cost of this counseling, after any appropriate payment through insurance for the parties, shall be split equally between the parties. 4. Transportation of the Children shall be arranged between the parties. 5. Holidays with Children shall be worked out between the parties. 6. Should a parent wish to take the Children out of the Commonwealth of Pennsylvania, two weeks notice before said trip be given to the other parent. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. The parties shall refrain from making derogatory comments about the other party in the presence of the Children, and to the extent possible, shall prevent third parties from making such comments in the presence of the Children. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of Cc: mutual consent, the terms of this Order shall control. A status update Conciliation Conference is tentatively scheduled for July 24, 2007 at 1:00 PM. x ajlidra L. Meilton, Esquire ax J. Smith, Jr., Esquire John J. Mangan, Esquire BY THE CO RT, J. JASON A. ENGLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE E. ENGLE : No. 07-607 Civil Term Defendant : ACTION IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Paige Lynn Engle, born September 28, 1991; Morgan Elaine Engle, born May 26, 1999; and Dillon Joseph Engle, born February 1, 2002, currently in the shared physical custody of Plaintiff Father and Defendant Mother. 2. A Conciliation Conference was held on March 09, 2007 with the following individuals in attendance: The Father, Jason Engle with his counsel, Sandra L. Meilton, Esquire The Mother, Nicole Engle, with her counsel, Max J. Smith, Jr., Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: June 11, 2007 Jo angan, Esq ' e Cu od Conciliator 4 SEP 14 2007 JASON A. ENGLE : IN THE COURT OF COMMON PLEAS P1 ' 'ff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-607 Civil Term NICOLE E ENGLE Defe dant : ACTION IN CUSTODY Prior Judge: M.L. Ebert, Jr, J. COURT ORDER 1h AND NOW, ahis day of September, 2007, upon consideration of the attached Custody Concila on Report, it is ordered and directed that: 1. The prior Order of 6ourt dated June 13, 2007 shall remain in full force and effect. 2. It is specifically dir§cted that the Children shall remain in their current schools, absent hearing and oust Order to the contrary. 3. Counsel for the. p 'es are directed to consult with the family counselor, Dennis Graybill, to a"ce ` his opinion on the custody situation by the fourth week in September 2007. 4. Subsequent to co 1 for the parties' consultation with the counselor, the parties' counsel are directe to contact the assigned Conciliator to arrange for a telephonic conference no late than October 1, 2007 to determine whether this matter can be resolved without h acing before the Court. 5. This Order is enter pursuant to a Custody Conciliation Conference. The parties may modify the pr visions of this Order by mutual consent. In the absence of mutual consent, th terms of this Order shall control. A status update Conciliation 'Conf rence via telephone is tentatively scheduled for October 1, 2007. BY TIE C r?T : J. Cc: egandra: L. Meilto Esquire ,Aax J. Smith, Jr., squire ,,fthn J. Mangan, E uire J O 7 6 AIN no S =6 `W? 01 AS t011Z mv1o*?, ?Q i JASON A. ENGLE : IN THE COURT OF COMMON PLEAS Plain 'ff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-607 Civil Term NICOLE E. ENGLE Defe dant : ACTION IN CUSTODY Prior Judge M.L. Ebert, Jr., J. IN ACCORDANC WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B , the undersigned Custody Conciliator submits the following report: 1. The =ent ormat ion pertaining to the children who are the subject of this litigs as flow s: Paige Lynn Engle; September 28,1991; Morgan Elaine Engle, born May 26, rn 1999; and Dillon J seph Engle, born February 1, 2002, currently in the shared physical custody o Plaintiff Father and Defendant Mother. 2. A Conciliation Conference was held on March 09, 2007 and a status update conference Se ember 13, 2007, with the following individuals in attendance: The Father, Jason ngle with his counsel, Sandra L. Meilton, Esquire The Mother, Nicol Engle, with her counsel, Max J. Smith, Jr., Esquire. 3. The parties ag eed to the entry of an Order in the form as attached. Date: September 13, John . gan, E re C d onciliato Sandra L. Menton, Esquire Daley Zucker Menton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)657-4795 smei Iton(a~dzmmglaw.com JASON A. ENGLE, Plaintiff NICOLE E. ENGLE, now known as NICOLE E. COON, Defendant Prior Judge: M. L. Ebert, Jr., J. ii_L~-C~ r iC~ ~s Ti~~ ~~~~~~ ~i~ro~ra~~', LE~~Q fir`'!,. ~ °u i~:~ 8: Glat=~~~~LA`~D CGU~1T`~. `''~~~~~~`! l..'~'~"`iii, IN THE COURT OF COMMON PLESA CUMBERLAND COUNTY, PENNSYLVANIA No. 07-607 Civil Term CNIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION 1. The plaintiff is Jason A. Engle, residing at 404 Wren Court, Mechanicsburg, Cumberland County, PA 17050. 2. The defendant is Nicole E. Engle, now known as Nicole E. Coon, who resides at 6503 Salem Park Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The parties currently share primary custody of their two minor children, Morgan Elaine Engle, born May 26, 1999, age 11; and Dillon Joseph Engle, born February 1, 2002, age 8, week on-week off, pursuant to Court Orders entered by The Honorable M. L. Ebert, Jr. on June 18, 2007 and September 18, 2007. 4. Plaintiff desires to modify the current shared physical custodial arrangement to him having primary custody of the children. 5. Plaintiff can provide a more stable relationship for the children. 6. Because of the significant differences in the parties' two homes, Plaintiff believes that it is not in the children's best interests to continue on the shared arrangement. ~~ ~ ~ ~,~1 ~~~ ~~~ ~~~e ~~ 7. The parties do not have an ability to communicate with each other and they have tried counseling unsuccessfully. Plaintiff desires the scheduling of a custody conciliation conference to review and resolve this matter. Wherefore, Plaintiff requests the Court to schedule a custody conciliation conference. dra L. Meilton, Esquire, No. 32551 Quintina M. Laudermilch, No. 94664 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION 1 verify that the statements made in this petition for Modification 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. lb-t~~lo CERTIFICATE OF SERVICE ~~ ®`~ AN) NOW, this day of G , 2010, I, Gloria M. Rine, raralogal for Daley Zucker Meilton Miner & Gingrich, LLC, hereby certifies that I have this day served a copy of the within document, by mailing the same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 t~,~ ~ Gloria M. Rine JASON A. ENGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2007-607 CIVIL ACTION LAW C- Q `n NICOLE E. ENGLE, NOW KNOWN AS mw r=, =-n NICOLE E. COON IN CUSTODY --4 -urn r- DEFENDANT -n C) ORDER OF COURT T ?? C AND NOW, Tuesday, October 12, 2010 , upon consideration of the attached Complaint;` it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 23, 2010 at 9:00 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. 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/ John, j. Mangan, r., 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 /0Ja-/? ? Carlisle, Pennsylvania 17013 50Telephone (717) 249-3166 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12s' Street, Suite 101 Lemoyne, PA 17043 (717)724-9821 smeilton _,dzmmglaw.com 212 ~'Ji~ 17 aP~ 8~ 1~ ~l!' ~ENNSYILVIiNl~~~ ~° JASON A. ENGLE, Plaintiff NICOLE E. ENGLE, now known as NICOLE E. COON, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLESA CUMBERLAND COUNTY, PENNSYLVANIA No. 07-607 Civil Term CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION 1. The plaintiff is Jason A. Engle, residing at 1285 Jerusalem Road, Cumberland County, PA 17050. 2. The defendant is Nicole E. Engle, now known as Nicole E. Coon, who resides 6503 Salem Park Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The parties currently share primary custody of their two minor children, Elaine Engle, born May 26, 1999, age 13; and Dillon Joseph Engle, born February 1, 2002, age 10, week on-week off, pursuant to Court Orders entered by The Honorable M. L. Ebert, Jr. on June 18, 2007 and September 18, 2007. 4. Plaintiff desires to modify the current shared physical custodial arrangement to him having primary custody of the children. 5. Plaintiff can provide a more stable relationship for the children. 6. Because of the significant differences in the parties' two homes, Plaintiff that it is not in the children's best interests to continue on the shared arrangement. f'S~•~v f dr~r ~7os~ ~e.~ ~`Z9ys 7. The parties' daughter, Morgan, has, for the past several months, expressed to father a strong desire to live primarily with him during the school year. 8. Plaintiff believes it is not in the best interests of the siblings to be separated and, therefore, he is requesting primary physical custody of both children. 9. Plaintiff desires the scheduling of a custody conciliation conference to review resolve this matter. Wherefore, Plaintiff requests the Court to schedule a custody conciliation conference. andra L. Meilton, Esqui , No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12`~ Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition for Modification aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.5. § 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this ~_ day of G1~ , 2012, I, Gloria M. Rine, Paralegal for Daley Zucker Meilton Miner & Gingrich, LL ,hereby certifies that I have this day served a copy of the within document, by mailing the same by first class mail, postage prepaid, as follows: Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Gloria M. Rine JASON A. ENGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLV ~ ~" C V' 2007-607 CIVIL ACTION LAW ~ Y~ Z NICOLE E. ENGLE N/K/A NICOLE E. COON ~ ~ •- IN CUSTODY DEFENDANT ~ ~ --C --~ ORDER OF COURT AND NOW, Wednesday, August 22, 2012 ,upon consideration of the attached Complai it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the cc at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 28, 2012 at l:i for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disl if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tem 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: Is/ John J. Mangan, Jr., Esq. ~ Custody Conciliator ~~ liator, PM or The Court of Common Pleas of Cumberland County is required by law to comply with the Amer cans 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. A11 arrangem nts must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche uled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. 1F 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 //~le,~l~~, ~~, ~ /1 s . - ('once/~d~ ~ //I~a 5~ ~ ~ C~,es G/Jl~~~P~,' ~/~ Sandra L. Meilton, Esquire Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717)724-9821 smeilton@dzmmlaw.com OF THE PROTHONOTARY 7OIi MAY i2 i'fl353. CUMBERLAND COUNTY PENNSYLVANIA JASON A. ENGLE, Plaintiff NICOLE E. ENGLE, now known as NICOLE E. GOOD, Defendant Prior Judge: M. L. Ebert, Jr., J. IN THE COURT OF COMMON PLESA CUMBERLAND COUNTY, PENNSYLVANIA No. 07-607 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW comes, Plaintiff, Jason A. Engle, by and through his counsel, Daley Zucker Meilton & Miner, LLC, and files the within Petition for Emergency Relief, averring as follows: 1. The plaintiff is Jason A. Engle, residing at 1285 Jerusalem Road, Mechanicsburg, Cumberland County, !PA 17050. 2. The defendant is Nicole E. Good, who resides at 6503 Salem Park Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The parties currently share primary custody of their two minor children, Morgan Elaine Engle, born May 26, 1999, age 14; and Dillon Joseph Engle, born February 1, 2002, age 12, week on -week off, pursuant to Court Orders entered by The Honorable M. L. Ebert, Jr. on June 18, 2007, September 18, 2007 and January 24, 2013. A copy of the January 24, 2013 Order is attached hereto as Exhibit "A". 4. The parties have been following the week on -week off Wednesday to Wednesday custodial schedule for the children implemented with the January 24, 2013 Order. g.3 .0o pd f/6 els4 ?# ?ar999 5. During Plaintiff's recent custodial week with the children, Defendant telephoned Plaintiff on Tuesday, April 29, 2014, and advised him that her employer has sent her to a facility and she would not be able to take custody of the children the next day (Wednesday, April 30, 2014). 6. During said conversation, Defendant also advised Plaintiff that she was not in Pennsylvania and not anywhere close to Pennsylvania and that she was not anticipating returning from the facility until at least May 24, 2014. 7. Defendant did not provide any information as to her specific whereabouts, what type of facility she was at or the reason for her being at said facility. 8. Over the past several months, Plaintiff has been concerned for the children's safety while they were in Defendant's care. The children have reported that Defendant has been intoxicated on several occasions during her custodial periods with the children. 9. There have been times when the children would call Plaintiff's wife and/or Defendant's boyfriend, Brian, because they could not wake Defendant and they were alarmed. There was one instance when the children were scheduled for a dental appointment and they could not wake their mother to get them to the scheduled appointment. Defendant was able to get the children to the dentist; however, they arrived late. The date of the dental appointment and the next day were both instances when her boyfriend, Brian, had to be called because the children could not wake her. 10. Plaintiff respectfully requests that the existing Order be modified to grant Plaintiff primary physical custody of the parties' minor children with Defendant's custodial periods being suspended and that she not have physical custody of the children until Defendant returns to Pennsylvania and until her condition can be assessed and a determination made as to any appropriate custodial 'schedule. 11. Because Plaintiff has no information as to Defendant's whereabouts or what her situation is and because of his concerns for the children's safety, Plaintiff does not want to have the week on -week off reinstituted until he has an opportunity to assess the situation. 12. Simultaneously with this filing, Plaintiff has filed a Petition for Modification requesting a custody conciliation which cannot be scheduled until Plaintiff knows when Defendant will return. 13. Because of the short timeframe, Plaintiff is requesting the entry of an Emergency Order until the parties can appear before a Conciliator to assess the current situation. 14. Plaintiff's counsel spoke on May 12, 2014 with counsel for Defendant and advised him of the situation and of the filing of the within Petition. Because of the situation, Defendant's counsel is not in a position to concur with Plaintiff's request. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting Plaintiff primary physical custody of the parties' minor children with Defendant's custodial periods being suspended and that she not have physical custody of the children until Defendant returns to Pennsylvania and until her condition can be assessed and a determination made as to any appropriate custodial schedule. Sandra L. Meilton, Esqui e, No. 32551 Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition 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. Jason AP1..'ntiff Exhibit "A" JASON A. ENGLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE E. ENGLE, now known : As NICOLE E. COON, DEFENDANT : NO. 07-0607 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of January, 2013, upon consideration of Jason A. Engle's Petition for Modification, the memorandums and briefs filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Father, Jason A. Engle, and the Mother, Nicole E. Coon, shall shave shared legal custody of Morgan E. Engle, born 05/26/99 and Dillon J. Engle, born 02/01/02. The parties shall have an equal right 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 Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and of 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. 2. Physical Custody: Mother and Father shall share physical custody of the Children on a week on/week off basis from Wednesday at 7:00 p.m. until the following Wednesday at 7:00 p.m. This schedule will begin with Mother having custody beginning Wednesday, March 20, 2013, at 7:00 p.m. During the weeks that Mother has physical custody of the children, she will not have any men she is dating reside in her home overnight. This restriction does not apply during those weeks when Mother does not have custody of the children. 3. Counseling: The parties are encouraged to engage in counseling for the Children as deemed proper and necessary. 4. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this provision. 10. Relocation: The parties are advised that neither party shall hereafter relocate the children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. By the Court, V Sandra Meilton, Esquire Attorney for Father Max J. Smith, Esquire Attorney for Mother 4;6 fti4 ,%di 443 bas fr CERTIFICATE OF SERVICE AND NOW, this /01 day of , 2014, I, Gloria M. Rine, Paralegal for Daley Zucker Meilton & Miner, LLC, hereby certifies that I have this day served a copy of the within document, by mailing the same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 JASON A. ENGLE, IN THE COURT OF COMMON PLESA Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NICOLE E. ENGLE, now known as NICOLE E. GOOD, Defendant Prior Judge: M. L. Ebert, Jr., J. No. 07-607 Civil Term CIVIL ACTION - LAW IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Jason A. Engle, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) r7 -- c'- = ❑ 18 Pa.C.S. §2706 ❑ ❑ -0a - `= rnCID m (relating to terroristic threats) m u) r- _ -<> res r ❑ 18 Pa.C.S.§2709.1 ❑ ❑ >� - (relating to stalking) :27- -4 CJ1 ❑ 18 Pa.C.S. §2901 ❑ ❑ --<~' (relating to kidnapping) ❑ 18 Pa.C.S.§2902 ❑ ❑ (relating to unlawful 1 2 restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 0 0 (relating to rape) 0 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 0 18 Pa.C.S. §3124.1 0 0 (relating to sexual assault) 0 18 Pa.C.S. §3125 0 0 (relating to aggravated indecent assault) 0 18 Pa.C.S. §3126 0 0 (relating to indecent assault) 0 18 Pa.C.S. §3127 0 0 (relating to indecent exposurel 2 ❑ 18 Pa.C.S. §3129 ❑ ❑ (relating to sexual intercourse with animal) ❑ 18 Pa.C.S. X3130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. $4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. $4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. §5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑LcD.❑ 18 Pa.C.S. &5903(c) or ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) 3 ❑ 18 Pa.C.S. §6312 ❑ ❑ Date all that (relating to sexual abuse of children) apply member ❑ 18 Pa.C.S. §6318 ❑ ❑ ❑ ❑ (relating to unlawful contact with minor) or similar statute in another jurisdiction ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the ❑ ❑ influence of drugs or alcohol ❑ Manufacture, sale, , ❑ ❑ delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & Youth ❑ ❑ Agency or similar agency in Pennsylvania or similar statute in another jurisdiction 4 ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction. ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r Signature17 Jason A. Engle Printed Name 5 Sandra L. Meilton, Esquire Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 smeiltonAdzmmlaw.com I-ILE0-OF IU_ THE � HE PROTHONO 1AR 213ii,MAY I2 P93:52 CUMBERLAND COUNTY PENNSYLVANIA JASON A. ENGLE, Plaintiff IN THE COURT OF COMMON PLESA CUMBERLAND COUNTY, PENNSYLVANIA No. 07-607 Civil Term NICOLE E. ENGLE, now known as NICOLE E. GOOD, CIVIL ACTION - LAW Defendant IN CUSTODY Prior Judge: M. L. Ebert, Jr., J. PETITION FOR MODIFICATION 1. The plaintiff is Jason A. Engle, residing at 1285 Jerusalem Road, Mechanicsburg, Cumberland County', PA 17050. 2. The defendant is Nicole E. Good, who resides at 6503 Salem Park Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The parties currently share primary custody of their two minor children, Morgan Elaine Engle, born May 26, 1999, age 14; and Dillon Joseph Engle, born February 1, 2002, age 12, week on -week 1 ff, pursuant to Court Orders entered by The Honorable M. L. Ebert, Jr. on June 18, 2007, September 18, 2007 and January 24, 2013. A copy of the January 24, 2013 Order is attached hereto as Exhibit "A". 4. The 'parties have been following the week on -week off Wednesday to Wednesday custodial schedule for the children implemented with the January 24, 2013 Order. 5. During Plaintiff's recent custodial week with the children, Defendant telephoned Plaintiff on Tuesday, April 29, 2014, and advised him that her employer has sent her to a facility (4 S3 .00 fel /1-7 Cas4 g#.305-77/ and she would not be able to take custody of the children the next day (Wednesday, April 30, 2014). 6. During said conversation, Defendant also advised Plaintiff that she was not in Pennsylvania and not anywhere close to Pennsylvania and that she was not anticipating returning from the facility until at least May 24, 2014. 7. Defendant did not provide any information as to her specific whereabouts, what type of facility she was at or the reason for her being at said facility. 8. Over the past several months, Plaintiff has been concerned for the children's safety while they were in Defendant's care. The children have reported that Defendant has been intoxicated on several occasions during her custodial periods with the children. 9. Therehave been times when the children would call Plaintiff's wife and/or Defendant's boyfriend, Brian, because they could not wake Defendant and they were alarmed. There was one instance when the children were scheduled for a dental appointment and they could not wake their Mother to get them to the scheduled appointment. Defendant was able to get the children to the dentist; however, they arrived late. The date of the dental appointment and the next day were both instances when her boyfriend, Brian, had to be called because the children could not wake her. 10. Plaintiff respectfully requests that the existing Order be modified to grant Plaintiff primary physical custody of the parties' minor children with Defendant's custodial periods being suspended and that she not have physical custody of the children until Defendant returns to Pennsylvania and uritil her condition can be assessed and a determination made as to any appropriate custodial schedule. 11. Plaintilff's counsel spoke on May 12, 2014 with counsel for Defendant and advised him of the situation and of the filing of the within Petition. Because of the situation, Defendant's counsel is not in a position to concur with Plaintiff's request. Wherefore, Plaintiff respectfully requests that the existing Order be modified to grant Plaintiff primary physical custody of the parties' minor children with Defendant's custodial periods being suspended and that she not have physical custody of the children until Defendant returns to Pennsylvania and until her condition can be assessed and a determination made as to any appropriate custodial schedule. 911(1/6/1,7 /Sandra L. Meilton, Esq, ire, No. 32551 Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition for Modification are true and correct. I understand that false tatements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 1 Exhibit "A" JASON A. ENGLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE E. ENGLE, now known : As NICOLE E. COON, DEFENDANT : NO. 07-0607 CIVIL IN RE: CUSTODY ORDER OF COURT AND NOW, this 24th day of January, 2013, upon consideration of Jason A. Engle's Petition for Modification, the memorandums and briefs filed by the parties and after hearing, IT IS HEREBY ORDERED AND DIRECTED that: 1. Legal Custody: The Father, Jason A. Engle, and the Mother, Nicole E. Coon, shall shave shared legal custody of Morgan E. Engle, born 05/26/99 and Dillon J. Engle, born 02/01/02. The parties shall have an equal right 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 Children including, but not limited to medical, dental, religious or school records, the residence address of the Children and of 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. 2. Physical Custody: Mother and Father shall share physical custody of the Children on a week on/week off basis from Wednesday at 7:00 p.m. until the following Wednesday at 7:00 p.m. This schedule will begin with Mother having custody beginning Wednesday, March 20, 2013, at 7:00 p.m. During the weeks that Mother has physical custody of the children, she will not have any men she is dating reside in her home overnight. This restriction does not apply during those weeks when Mother does not have custody of the children. 3. Counseling: The parties are encouraged to engage in counseling for the Children as deemed proper and necessary. 4. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this provision. 10. Relocation: The parties are advised that neither party shall hereafter relocate the children if such relocation will significantly impair the ability of a non - relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. By the Court, j/ Sandra Meilton, Esquire Attorney for Father Max J. Smith, Esquire Attorney for Mother erp;e3 ;W //24.3 bas PP" c-) -03 rri w zrn -<b r - c, Z � 94:6 WV 4Z NV £IO/ CERTIFICATE OF SERVICE AND NOW, this 0 day of ti2 , 2014, I, Gloria M. Rine, Paralegal for Daley Zucker Meiltori & Miner, LLC, hereby certifies that I have this day served a copy of the within document, by mailing the same by first class mail, postage prepaid, addressed as follows: Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Gloria M. Rine JASON A. ENGLE, IN THE COURT Plaintiff NICOLE E. ENGLE, now known as NICOLE E. GOOD, Defendant Prior Judge: M. L. Ebert, Jr., J. CUMBERLAND No. 07-607 CIVIL ACTION IN CUSTODY OF COMMON PLESA COUNTY, PENNSYLVANIA c) Civil Term -� rnww 2 - LAW CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Jason A. Engle, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: C:) / ~1 SNJ 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pendin • char • es ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S.§2709.1 ❑ ❑ (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S.§2902 ❑ ❑ (relating to unlawful 1 2 restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) I ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) i I ❑ 18 Pa.C.S. 0123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. §3126 ❑ ❑ (relating to 'indecent assault) I ❑ 18 Pa.C.S. §3127 ❑ ❑ (relating to indecent exposure) 2 ❑ 18 Pa.C.S. 0129 ❑ ❑ (relating to sexual intercourse With animal) ❑ 18 Pa.C.S. 0130 ❑ ❑ (relating to conduct relating to sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to Concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. .S5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or ❑ ❑ i (relating to obscene and other sexual materials and performances) i ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) 1 3 ❑ 18 Pa.C.S. §6312 ❑ ❑ Date all that (relating to sexual abuse of children)! apply member ❑ 18 Pa.C.S. §6318 ❑ ❑ ❑ ❑ (relating to unlawful contact with minor) or similar statute in another jurisdiction ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 23 Pa.C.S. 0114 ❑ ❑ (relating to contempt for violation of protection order or agreement) I ❑ Driving under the ❑ ❑ influence of drugs or alcohol J ❑ Manufacture, sale, ❑ ❑ delivery, holding. offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my (household have a history of violent or abusive conduct including the following: 1 Check Self Other Date all that household apply member ❑ A finding of abuse by a Children & Youth ❑ ❑ Agency or 'similar agency in Pennsylvania or similar statute in another jurisdiction 4 ❑ Abusive conduct as defined under the ❑ ❑ Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction. ❑ Other: I ❑ ❑ I 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 1 4. If any conviction above applies to a householdmember, not a party, state that person's name, date of birth land relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Jason A. Engle Printed Name 5 JASON A. ENGLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. NICOLE E. ENGLE AKA NICOLE E. GOOD DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2007-607 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, May 13, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, June 10, 2014 2:00 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., 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. Cods CaV /'2.31 . JM1[�''L` s S. Inc( J. PL ) s/iapy Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 —< -,o r JASON A. ENGLE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSKLVIIA7. • r mco _ _' V. rn r_ NICOLE E. ENGLE, r--= -11 N/K/A NICOLE E. GOOD, <c' -0 cpM,7. c. = :1..:.- DEFENDANT : NO. 07-0607 CIVIL = r:.?{.,=' .4-- IN RE: PETITION FOR EMERGENCY RELIEF -< c_' ORDER OF COURT AND NOW, this 14th day of May, 2014, upon consideration of Jason Engle's Petition for Emergency Relief, IT IS HEREBY ORDERED AND DIRECTED that: 1. Defendant, Nicole E. Good shall disclose to this Court in camera, her current whereabouts and the date of her anticipated return to Cumberland County, Pennsylvania, on or before May 22, 2014. 2. Defendant shall file an Answer to the Emergency Petition on or before May 30, 2014. 3. A conciliation conference shall be scheduled as soon as possible after return of Defendant, Nicole E. Good, to Cumberland County. IT IS FURTHER ORDERED AND DIRECTED that pending further Order of Court, the Plaintiff, Jason A. Engle, shall have primary physical custody of the parties' minor children and that Defendant's custodial periods of custody shall be suspended. By the Court, -idra L. Meilton, Esquire Attorney for Plaintiff .1<)( J. Smith, Esquire Attorney for Defendant Cour/Administrator - r bas //;,f/L( Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jessica E. Lowe, Esquire Attorney I.D. #208041 JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717 -533 -2795 E -mail: mjs @jsdc.com; jel @jsdc.com r: `r 30 FM 1: ,E R1 I\N0 Ci'SJ' tf rItiNJYLVr'€Ii- JASON A. ENGLE, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 07 -607 Civil Term NICOLE E. ENGLE, n/k /a NICOLE E. GOOD, : CIVIL ACTION — LAW Defendant : IN CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Defendant, Nicole E. Engle, now known as Nicole E. Good, (hereinafter "Mother "), by and through her attorney, Max J. Smith, Jr., Esquire, and responds to Plaintiff Jason A. Engle's (hereinafter "Father ") Petition for Emergency Relief as follows: 1. Admitted. 2. Admitted. 3. The Order dated January 24, 2013 is a document that speaks for itself. 4. Admitted. 5. Admitted that Mother spoke with Father on April 29, 2014. By way of further response, Mother had been trying to contact the undersigned counsel between April 24, 2014 and April 29, 2014; however, Attorney Smith was out of the office from April 24 through April 28, 2014. Due to her circumstances, Mother was unable to provide counsel with a return phone number where she could be reached; accordingly, Mother did not speak to counsel until he returned to the office on April 29, 2014 Immediately after consulting with her attorney, Mother called Father. 6. Admitted. By way of further response, Mother successfully completed a thirty (30) day inpatient program on May 24, 2014 and returned to Pennsylvania on May 25, 2014. 7. Admitted in part and denied in part. It is admitted that Mother did not immediately disclose this information; however, Mother provided this information through counsel. 8. Denied. Mother specifically denies that she has been intoxicated during her custodial periods. Until April 2014, Mother would have no more than one or two drinks while at dinner with the children and only if Mother's boyfriend were driving. Mother lacks knowledge regarding the reports that the children allegedly made to Father; strict proof thereof is demanded. 9. Mother lacks personal knowledge as to whether the children have called Plaintiffs wife because they could not wake her. Mother is aware of one instance when the children called Mother's boyfriend; Mother's boyfriend then telephoned her, and she woke up. Mother specifically denies that alcohol consumption contributed to the children's inability to wake her. Mother has been prescribed medications to help her sleep and to manage her back pain; at no time has she ever taken more than the recommended dosages. Strict proof of the remaining allegations in Paragraph 9 is demanded. 10. Denied. As stated above, Mother returned to Pennsylvania on May 25, 2014. Mother does not believe that awarding Father primary physical custody would be in the best interests of the children. Mother believes that the children's best interests will be met by reinstating the terms of the Order dated January 24, 2013. The children are not at risk in Mother's care. 11. Denied. As stated above, Mother has returned to Pennsylvania. Attached hereto as Exhibit "A" is a letter dated May 21, 2014 from Mother's case manager at Desert Hope, which states that Mother was successfully discharged from the program. Attached hereto as Exhibit `B" is a copy of Mother's Certificate of Completion from Desert Hope. 12. Mother admits that Father has filed a Petition to Modify Custody. 13. Paragraph 13 does not contain any allegations which must be either admitted or denied. 14. Admitted that Mother does not concur with Father's request. WHEREFORE, Defendant Nicole E. Good respectfully requests that this Honorable Court dismiss Plaintiff's Petition for Emergency Relief and reinstate the terms of the January 24, 2013 Custody Order. Date: May 30, 2014 By: Respectfully submitted, JSDC LAW OFFICES Ijf MAX J. SMITH, JR., B 'QUIRE I.D. No. 32114 JESSICA E. LOWE, ESQUIRE I.D. No. 208041 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 Attorneys for Defendant Nicole E. Good EXHIBIT `:4' ----''•.--.- 05 1 4 !ED 9; 58 FAX Desert Hope • ' Las Vas, NV • May 21, 2014 To Whom It May Concern: This letter is to inlimn you that Nicole Good was in residential treatment program al Desert Hope Certified Alcohol and Drug Treatment facility in Las Vegas, Nevada on April 25, 2014 and will successfully discharged on May 25, 2014, T was Nicole's casc manager for her entire stay at our treatment facility during this time. Nicole treatment included weekly one on one session with a licensed therapist and psychiatrist, participation in daily group therapy, which consists of Disease Awareness Workshop, Stress Management, Angcr Management, Feelings Group, Family Issues, Process Groups and Family Groups, for which she participated in 100 percent of her ability. During Nicole's stay she made significant therapeutic gains and engaged in treatment process, enthusiastic in her sobriety, went above and beyond the curriculum, served as a sponsor to her younger peers, assisted others in our program and appears to be utilizing appropriate skills taught to hcr. Upon discharge it is evident that Nicole attained the psycho-social skills to abstain from emotional distress and enga:.,-;e.0 in stress and life problems with constructive and pro-social behaviors. Nicole will further her recovery by going to an outpatient program as well as AA meetings which will help her utilize all the coping skills she was taught while in treatment, Tf ! can bc of any further assistance in this matter please feel free to contact me. Sincerely, :s2brwil VI) ila,ovive.oll-C-0-0e),:i NICeemah Muhanunal-Reaves, M.A, CADC-1 Case Manager Desert Hope Treatment Center 2465 East Twain/Las Vegas, NV 89121 702-789-6217ph/702-789-6193 Email: nmuhammad@contactaac.com Desert Hope 2485 E. Twain I Las Vegas, NV I 89121 P: 702189.8199 I F. 702.789.6198 1 Info@thedeserthope.com AmericanAddictionCenters com ■ CERTIFICATE OF COMPLETION This certifies that Nicole Good has successfully completed treatment at Desert Hope on this 25th day of May 2014 . Desert Hope Lss Vegas, NV VERIFICATION The undersigned, Nicole Good, hereby verifies that the facts set forth in the foregoing Answer to a Petition for Emergency Relief are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5f )1111 _Aorl JASON A. ENGLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 07 -607 Civil Term NICOLE E. ENGLE, n/k /a NICOLE E. GOOD, Defendant : CIVIL ACTION — LAW : IN CUSTODY CERTIFICATE OF SERVICE I, MAX J. SMITH, JR., ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Petition for Emergency Relief upon the following below - named individual(s) by depositing the same in the U.S. Mail, postage pre -paid at Hershey, Dauphin County, Pennsylvania on the 30th day of May, 2014: Daley Zucker Meilton & Miner, LLC Attn: Sandra L. Meilton, Esquire 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 -1225 JSDC Law Offices () MAX J. SMITH, J SQUIRE Attorney I.D. #3211 P.O. Box 650 Hershey, PA 17033 -0650 (717) 533 -3280 JASON A. ENGLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-607 Civil Term 4== NICOLE E. ENGLE N/K/A/NICOLE E. MUD GOOD Defendant : ACTION IN CUSTODY N Prior Judge: M.L. Ebert, Jr., J. - - ORDER OF COURT ,,t AND NOW this day of June 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Jason A. Engle, and the Mother, Nicole E. Good, shall have shared legal custody of Morgan E. Engle, born 05/26/1999 and Dillon J. Engle,born 02/01/2002. The parties shall have an equal right 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 Children including,but not limited to, medical, dental, religious or school records, the residence address of the Children and of 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. 2. Physical Custody: Pending further Order of Court, Mother and Father shall share physical custody of the Children as follows: a. For one month, each parent shall have from Wednesday until the following Wednesday; however, during Mother's week, there shall not be any overnights with Mother picking the Children up at 10 am and Father picking up at 7 pm. b. Starting the second month, on Mother's "week", she shall have custody of the Children from Wednesday until Friday with no overnights and Mother shall pick the Children up at 10 am and Father shall pick up at 9 pm each day and then she shall have her weekend with overnights from Friday 10 am with her picking up until Monday 9 pm with Father picking up to regain custody. C. After the two months going forward, Mother and Father shall resume the custody schedule on a week on/week off basis from Wednesday 7 pm until the following Wednesday 7 pm with the non custodial parent picking up to gain custody. d. It is understood that Dillon is going to scout camp July 06 through July 12, 2014. e. It is suggested but not directed that each parent shall be entitled to Monday from 4 pm until 8 pm on their "off week" with the non-custodial parent picking up to have custody. 3. The non-custodial parent shall have liberal telephone/text/email contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as mutually agreed upon. 5. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 8. Drugs and Alcohol: During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication for Father and for Mother, to any extent. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. Furthermore, Mother shall sign any and all releases for Father and/or his counsel to obtain progress reports regarding Mother's alcohol counseling and Mother shall provide verification of her AA attendance. 9. Counseling: Mother is directed to continue to engage in her alcohol counseling (currently through New Insights) until successfully discharged. The parties are also strongly encouraged to engage in therapeutic family counseling with a qualified professional (the focus to be on the relationship between Mother and Morgan). The cost of the counseling after appropriate payment through insurance shall be equally split by the parties. Also the parties have the option of having the Children attend Alateen sessions. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or(b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. Either party may directly request a conference with the assigned conciliator within two months of the instant Order if there any problems with the custody schedule. 12. This Order is entered pursuant to 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. By the Court, J. Distribution: dra Meilton, Esquire L.O 1 e S ✓Max J. Smith, Jr., Esquire 2` �hn J. Mangan, Esquire I 7 A JASON A. ENGLE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-607 Civil Term NICOLE E. ENGLE N/K/A/NICOLE E. GOOD Defendant : ACTION IN CUSTODY Prior Judge: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custo4y of Morgan E. Engle 05/26/1999 Father and Mother Dillon J. Engle 02/01/2002 Father and Mother 2. A Conciliation Conference was held March 09, 2007, an Order issued June 18, 2007, a conference was held September 13, 2007, an Order issued September 18, 2007, a conference was held November 23, 2010, a conference was held September 28, 2012, an Order issued October 02, 2012, a trial occurred, an Order issued January 24, 2013 and a conference was held June 10, 2014 with the following individuals in attendance: The Mother,Nicole Good, with her counsel, Max J. Smith, Jr., Esq. The Father, Jason Engle, with his counsel, Sandra Meilton, Esq. 3. The parties agreed to, and the undersigned recommends, the entry of an Order in the form as attached. k6 - /�� Date Johro.Veang6n, Esquire Cu o Conciliator