The URL can be used to link to this page

Home My WebLink About97-03149 . ~ \J t l$ I ~ ~ \l $00..,. ~ \ \", '-. ./ / / I ...... . .. .~ .. <::J ~ :>. ...... , :1 ~ . () < PHILIP ENGERS, Plaintiff IN THE CXlURT OF CXXolMOO PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : vs. : NO. 97-3149 CIVIL TERM . . NANCY E. ENGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE ~IPE TO TRANSMIT REXXIID To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 19, 1997: Acceptance of Service by undersigned counsel. 3. Date of Execution of the Affidavits of Consent and Waivers of Notice required by ~3301(c) of the Divorce Code: By Plaintiff: January 18, 2001 By Defendant: January 18, 2001 4. Related claims pending: None. All claims resolved by Agreement of parties dated January 18, 2001. ---.J 0-1\M1l-<.. ~ () 'k.:0 / Date r I [l~~~J4~~c~~ Dawn S. sunday, Esquire Attorney for Defendant 10 #41954 39 W. Main street - Ste. #1 Mechanicsburg, PA 17055-6230 (717) 766-9622 >- ~ a; \I: "C ~ .. ::>4 ,'1 - - :_)_0 , c ~ I . )2; -4. , .. ..,~ .:") .-:.: to i'. N ':1% -~ .r,:Z ~. .:.ILU -.:( . na.. ..~ " ::3 - .::> CJ ~1 , ~ \ " ~j ~ '=:> '-D ,.j >- C) ~ c,. ?=. '-9 .1. r('\ 1-.: c~ .. :';d' Ii ,~ ~( - ~~ ()4 ~f( :s:: ..J. . :\ od: ., r .,=1 ~ ~ ~ i. @" ("") ,,"'>-0 Ll~ ......;/'J 'V ~ ~ ~1l1 ,-, ~ '~ \r) ~ z ;..:Z X :=J \,.:Jti1 -..D~ ~- --, l...!o.. U_ . . -- .......... Q r- :5 ~ ~ 0' Q Ii>- W...J Z ...J ~ 0 C):J-;: ~<(I-!;:: ~ ~ c<l P. ~~~~~ U J: ~ 1ft Zen Mii a: M ~ <( M< W M x ~J: PHILIP ENGERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . IN DIVORCE Plaintiff, . . NO. q7- 314-'1 6>>J- T~ v. CIVIL ACTION - LAW NANCY E. ENGERS, Defendant. COMPLAINT IN DIVORCB AND NOW, comes the Plaintiff, PHILIP ENGERS, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Complaint in Divorce: 1. The Plaintiff, PHILIP ENGERS, is an adult individual currently residing at P.O. Box 5252, Harrisburg, Dauphin county, Pennsylvania. 2. The Defendant, NANCY E. ENGERS, is an adult individual currently residing at 140 North 33rd street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this complaint. 4. Plaintiff and Defendant are husband and wife having been married on December 6, 1987, in Catonsville, Maryland. 5. There were three (3) children born to the marriage, Joseph, born March 2, 1988, Jessica, born April 16, 1990, and David, born July 9, 1993. PHILIP ENGERS, IN TilE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. 97 - 3149 CIVIL TERM NhNCY E. ENGERS, Defendant . IN DIVORCE . NOTICE TO DEFmD AND CLAIM RIGlrrs You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: ClI1IlI'mJ\ND COUNTY aJURT HOUSE, CARLISLE, PmNSYLVANIA 17013. IF YOU 00 Nor FILE A CLAIM FUR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YCU 00 NOr HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE THE OFFICE SET FORTH BELOO TO FIND cx.rr WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPIIONE: (71 7) 249-3166 TOLL FREE: 1-800-990-9108 VERIFICATIm 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 falsifications to authorities. L/ -I LJ -00 DATE /~ . I.. --'S l : l ;L(":.<- t;:.. Nancy E. ers ~iY~ " . -- \ -' ' . \ ~ . : ; (J'.c) IX) r{) . . , ~ "J " .---:t-- ~ : ... ':7'- : ~ . . .- .~~ - . I- - , ._, - c ~ .~ l'{) "'<l 0-- ~ . ~ ~ ~ \)0 ~ >- ~ n; It: ;::; u ,("": ::::> , ..-. ,)~ .---, ..0.... .:);~ . : ~ ...".; ~ L:): . ~~~ , :"1 . . (/) ., N '~12':: - i:Z od i1uJ .... ~~~ a_ Il ...: :J - '::J () '- ..:t ~ ~ i~ " N ::l~ U! ~; [J. ( -. ()~ " " o. t~2i . ;';:V; co , , '"]Z 'Ii'5 --. " :J.Jt -..:::, "nU.. -, :.':.: :;) c.~ 0 (,) ~ ..:r ~ LC: - ~.::, /- N ::J~ dl';" 'J.- ~.: ~. :\-: '07, '- ',:':' .1.- ,,")~ ,:.,'" ,,~~ , o::t:J " " U' - >p' - ';;' ~h~ ," .d. .) -, :~~ - ? () 0 0 ,- - ~ L~ ,- Z ,-.- N 3~ ~ ,-(;; ,";. -- (J;., (l.. -- " .< ;"")~ l~; ~ .Y.... 0 ~;~ '. '., -"-oOI!:" ..,,- -- lcJ& <<:;: ifJ . :..~ ::) Q U FRO"' "AHC~E ~AQHER HERSHEY FA)( 1 214 7880 J8n-18-81 Thu 11128 PAGEl 8" PHILIP ENClERS, Plaintiff, I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-3149 CIVIl. ACTION - LAW IN DIVORCE v. NANCY E. ENGERS, Defendant. WAIVER 011' NOTICE 011' INTENTION TO REOUEST ENTRY OF A DIVORCE DBCREE UNDBR SECTION 33011cl or THE DIVORCE CODE 1. I consent. t.o th~ A.ntry of a final decree of divorce without notice. 2. I understand t.hat. T may lODe rights concerning alimony, division of propp.rty, lawyer'a fORR or expenseD if 1 do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a nivorce decree io entered by t,hA Court and that u copy of Lh~ decree will be RAnt. to me immediately ufter it. ;s filed with thc prothonoLary. I vP.t'j fy that the statementG mude in thill affidavit arc true Ann correct. I underDtand thot. fAl~" statementD herein are m~de subject to the penolticR of Ie Pa.C,S, 94904 relating LO unsworn falsification to authorities. t~ 1 Ijt>/ D1I TE :J~_6 /0._1 >- .:r E; ~ .", J_ ,.-- N ::1,..:; ,~ l;., 8~ ..... :c ~:... ~ , :... -. '')''':'.J .' .::~ ' . a:> -, ..1-_ .. friffi .~ .....: ;u u.. ',' ~: '.r. -., G 0 (.) P 020 769 631 ~ Receipt fqr Cerfifjed Mall '. No Insurance Coverage Provided ~ 00 not use for International Mall ISee Reverlel ..ef'l110 Ms. Nanc Y':j'(j"'North 33rd ro, S'lt"""~IPrr' Camp H~l I Po'u~' c.."t..., ft. SptlC..lo.h..yf~ A.ltroel.Cl [).h....fy fn en A'l\IInRK'1I1 Showmg en to 'h'hom &. 0.,. [)eI......d ... Return R,n,pl St>o....1\'1oO 10 Whom, ~ Oil'. ,n.d ...(1(1........ Ad""" ~ .., TOT...l rol'afOl' &f", g POS1m,'k. or O,le I !\ 6/18/97 PA 17011 $ .55 1. 00 '.::""~;. ",....~.-. .' . 2.50 $ ... SENDER: I -ComP"'"ef\. ~Of 2 101 additional MMcI.. . 'CornpIeI.It~:"4.. and 4b. , I .Prtra you' natNllOO addrnl on IhtI ,...... ollNt form 10 !hat.. can return this con". you, -.Mach IhiI torm 10 the Inn of tt. 1MUP*e, or on the ~ If ~ dON not . .~R.tum R<<>>ipf ~iIHI~. on the mailP'eoI below thllItid. f'llMTUt. 5 aThe R.1m Receipt >MI1how 10 whom thI &IUd. wu dtIivwtd and the dala S dellver"'- I 3. ArUde Addressed to: 'li. fi Ms. Nancy Engers 140 North 33rd Street \camp Hill, PA 17011 5. Received By: (Print Name) I .!I '10 w11h 10 recelve1l1e .olOWing ..rvlces (for an extra Ie.): i 1, 0 _.....'. Addre.. 2. ll!I Restrlcted O.lIvolY Consull postmesler for fee. t 44. Mcle Number ~ I t !I II - l ~ P 020 769 631 4b. Service Type o Reglst.red 0: Cortin o Express Mell 0 Insured o Return RllCOip( for Meltllandse 0 COO 7,0 e Oellv.lY, L Y ff requested Domestic Return ecelpt . I I ; I , . ~ l!"; ., 1-" ,- .!.1 , ) ;':'1. ~, (.1', -" '>- I~.;: ~::~~~ ) #~#' ". . ';~:! ('1 c-.; "-. N 'JGl .. ,,~a.. , {j :.; o c;" ~~ ~J1 PHILIP ENGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NANCY E. ENGERS, Defendant NO. 97 - 3149 CIVIL 19 IN DIVORCE STATUS SHEET DATE: NOV. 12, 1999 ACTI VITI ES: SENT CERTIFICATIONS TO COUNSEL. ,DO i L---c ~ . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Plaintiff has agreed, through counsel, to provide the documentation listed in paragraph (a) informally without the need for submission of a Request for Production of Documents or Interrogatories. However, Defendant has not yet received the documentation requested. '3!'S' /99 , DATE /l j A.. ,:f~ C~~NTIFF ( ) COUNSEL FOR DEFENDANT ()() NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTI FY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. Mr. Wagner and Ms. Sunday, Attorneys at Law 17 April 2000 Pal!:e2 schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED, PHILIP ENGERS, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 3149 vs. NANCY E. ENGERS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Philip Engers , Plain tiff P. Richard Wagner , Counsel for Plaintiff Nancy E. Engers , Defendant Dawn S. Sunday Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 18th day of January ,2001 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. '"if EC:L President Judge Date of Order and Notice: 9/5/00 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 1701] TELEPHONE (717) 249-]]66 .~ . PHILIP ENGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 3149 CIVIL NANCY E. ENGERS, Defendant IN DIVORCE Re: Pre-Hearing Conference Memorandum Date: Tuesday, September 5, 2000 Present for the Plaintiff, Philip Engers, is attorney P. Richard Wagner, and present for the Defendant, Nancy E. Engers, is attorney Dawn S. Sunday. The parties were married on December 6, 1987, and separated May 31, 1997. They are the natural parents of three children, Joseph, born March 2, 1988; Jessica, born April 16, 1990; and David, born July 9, 1993. The complaint raised grounds for divorce of irretrievable breakdown of the marriage and counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The complaint was filed on June 13, 1997. On April 17, 2000, wife filed a petition ralslng the economic claims of equitable distribution, alimony, and counsel fees and expenses. Counsel have indicated that no testimony will be offered regarding the factor of marital misconduct. Husband is 36 years of age and resides at 10 North 30th Street, Camp Hill, Pennsylvania, where he lives with a female friend. He has a Bachelor's degree and is employed by J & S Fabrication. According to a support memo from the Cumberland County Domestic Relations Office, his net monthly income as of May 2000 is $3,128.00. He is currently paying spousal support in the amount of $534.00 per month and child support in the amount of $1,097.00 per month. Husband is currently covered with medical insurance through his employer. Wife is 36 years of age and resides at 7 North 29th Street, Camp Hill, Pennsylvania, where she lives with the children. She is a high school graduate and is working on an Associates degree in nursing. She had an income capacity hearing before Judge Bayley in December of 1998 and he determined that her net monthly income was $250.00. Mr. Wagner has indicated that wife has a higher earning capacity because she has been taking minimal courses at school and is not engaging in any employment to earn income. Attorney Sunday has provided a letter showing that wife is involved in a clinical program which constitutes part of her training program for her degree. It is anticipated that wife will complete her education in May 2002. Mr. Wagner claims that before separation she was making between $12,000.00 and $15,000.00 a year as a transcriber. If necessary we will take testimony on the earning capacity issue at the hearing that is going to be scheduled and counsel can advise each other of the witnesses that they intend to offer at that time on that issue. Wife is going to require medical insurance upon the entry of a divorce decree and hopes to be able to take advantage of COBRA benefits through husband's employment. The cost to wife is believed to be around $130.00 per month. The parties sold the marital residence and according to counsel had to put some funds into the transaction in order to make the sale. Consequently there are no escrow net proceeds being held for distribution. The vehicles that counsel have identified are a 1988 Toyota Camry which wife says has a value of $4,640.00; husband states a value of $1,500.00. The car identified by Mr. Wagner as having been abandoned for junk was a vehicle that the parties had while they were married. The car which wife has valued at $5,675.00 has a transmission problem, was purchased subsequent to the separation, and has a debt against the vehicle which wife is obligated to pay in the amount of $4,500.00. There is a 1986 BMW motorcycle which wife has placed a value on of $2,900.00 and husband a value of $1,000.00. Husband claims the motorcycle was purchased March 28, 1998 and is non-marital. Husband has mutual funds in a retirement plan and a 401(k) account. The value for the mutual fund stated on the pretrial statement was $3,150.00; the value of the 401 (k) as of October 31, 1997, was $8,800.00. There was also a life insurance policy which was surrendered for $2,200.00. The money was deposited in a joint savings account with PNC Bilnk. Subsequent to that deposit (the account was opened to accommodate that deposit), there were deposits which Mr. Engers claims were marital funds and withdrawals which were for marital expenses. Attorney Sunday has requested documentatlon of the transactions in that PHILIP ENGERS. PlaintimRespondent vs, ) ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA NO, 97-3149 CIVIL TERM NANCY E, ENGERS. Defendant/Petitioner CIVIL ACTION - LA W IN CUSTODY JUDGE PREVIOUSLY ASSIGNED: None, CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 191 5.3-8(b), the undersigned Custody Conciliator submits the following report: I, The pertinent infonnation concerning the children who are the subject of this litigation is as follows: NAME nIRTIIDA TE CURRENTLY IN CUSTODY OF Joseph Engers Jessica Engers David Engers March 7, 1988 April 16. 1990 July 9. 1993 2, A Conciliation Conference was held on June 3, 1999. and the following individuals were present: the Plaintiff and his attorney. 1', Richard Wagner. Esquire; the Defendant and her attorney. Austin F, Grogan, Esquire, 3, Items resolved by agreement: See attached Order, 4, Issues yet to be resolved: See attached Order. 5, The Plaintitrs position on custody is as lllllows: See attached Order, 6, The Defendant's position on custody is as follolVs: See attached Order, 7. Need for separate counsel to represent children: Neither party requested, 8, Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, Date: June 7. 1999 PHILIP ENGERS, Plaintiff COplJ IN TilE COURT OF ca-IMON PLEAS OF ' I CUMBERLAND COUNTY, PENNSYLVANIA . . vs. 97 - 3149 CIVIL TERM : NANCY E. ENGERS, Defendant IN DIVORCE NOTICE ro DEFEND AND CLAIM RIGl1l'S You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: ClJo\IlmLIIND 00lMl'Y <XlURT IICOSE, CARLISLE, PEHlSYLVANIA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TilE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE TIIIS PAPER ro YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE OFFICE SET FORTII BELOO TO FIND OUT WIIERE YOO CAN GET LEGAL IIELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TOLL FREE: I-BOO-990-9108 __' ::-:! :::U?:::: ::~,=~r ?~::"i..5:= ,--,r.l ~." \,'''' '--1--' ,:--...,... ""1-' NOV ..._._____IU ..........1__, ._i~,...._'.:.Jo._ PHILIP ENGERS ?:'4:"::'::''::: 75. NANCY E. ENGERS :IC. 3149 Civil ::-12- PHILIP ENGERS :.!C'!':,:N :.'JR .1...??tJ ~'T::(":'"r: ~F :'!.4.S~:.. c::. ~.. - =:...:::) '~211i:mt::'.QXX;, ::).L:.=q-"~:; :~ :J";__: ?':::~e:._.' =e :.::ur: ::) 3.?9o=-== ::o"res :aspec': ::J :.::.e ,. X) J:,:lor:.~ ) " X) X) a. =ast:a: '';~:: ) .:X) ) J:.s::~~...t::'Ct:. ~~ .:w.~~c:"~ :':I"-~e..!. :~2S :':5::.3 me. ~-;:e!:.Ses (X ( A.c.-- ~ -Po::: <: .~'C7 .t..:.:.=.cUj :i.:a : ?e!:Ce.!1r:a 3.:ci :t :::- :::.e :cc:.:c. s:.z:as: '- 5U;~Ct:'~ .-....- ..~..._- :..~e ~.;-c:~.S) :.:.e ",~, J:..sc=~e=: :..s as ::JC?~: :.= a.~90:..::.::::.~: ~: a. :l3.S-~- ~ :'~qt:est:ac.. .- :.:.e iC ::.:n ~~~X a!Jc e.a=ac. li'~x:r:x) :"" ,-. ie.:a::ciaI:.: .:::as) S. Sunday 3301(dl 7".:.e Dawn .!:s~~~) '"::r a.::-====.e"7. ::=-.5 ~ .- \ \''':J ~'7o:,,-:.a .~I u,,:e 3:..l ::-.:-~r: i==c.::.c. ~.3 ) ~_j :el~:a:=e '-~;~~~~~o:a ;a=~~=~~n\s} ..l.) :"'.:.e ~c=:.=~ :...s :.ct: :=-:':.=s'::aa. :~a .~.~ ) ':3..s :ee:. :"uc.::.e-:. :''!s.:ec: :~ .- -... '-- .!.n .=.g=!!e!le::.:. :=::~_~-=g ::d~-<: :~s;:ec: :';:'2. ::~-~-=; :.:..3.--~ : see the -, above 7'..:e :..s :='C.:.~s:.~::. i.c:.:..=t: ,-' ..; I 7'..:.e 3.C:':':::l :tx:r~} :.c:: :.=.-:c~.;"'.al :::~_== ~sues -..J--J ,:::es :!: :ac:. 1/2 '~:j: :0-=-:-::: ,. . ',27'S} '-, \. . :::'e :.e.a:--=g :.s ~ec:aci .!Jici::..=.:..~ :::..:::=a=..:u. :.1..~ :'~;"Ta=.:. :::e =7. . :a:~: /~--7 .~c~::~~:'" ?:,l:-'," ': ,~- ;,::.,!",.---~-) .::?~~ ,-' ~?~-r:::iC :!..1<: ..:..:'~ ~'f ,:9fi.. [.~ (~~"/c.vv =~s;:ec:. :.:J :=.e -..... -- -:g :.!...r-": Ctl.,/ ~a.u:'=~ t ItJ/.;ItI9'i , I .~'ID :rCl; :..s 3.ppo" - :~d. .-+: =.as: ~- '- 3;>, - 1 199~ ~ >- - . ~ i - I t.'1~-) r: U' (l~ { . '.l~ . C',' T ' C L: . , -- - : , , , '.. f/ r: "." . :' ...:: ;.'.DY ., (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ,g/.g%o / I DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . ~"-' PIlI LIP ENGERS, plaintiff : IN 'I'IIE COURT OF COOMON PLEJlS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 97-3149 CIVIL TERM NANCY E. ENGERS, Defendant CIVIL AC'rION - LAW IN DIVORCE CUSTOIJY a:w;ENl' srIPULATIOO AGREEMENl' THIS AGREI'}1ENl', made this 02Cl TV day of d,~ 1997, by and between Nancy E. Engers, of Camp lIill';/ Currberland County, Pennsylvania, hereinafter referred to as "Mother", and Philip M. Engers, of CalT'{> lIill, Currberland County, Pennsylvania, hereinafter referred to as "Father". HIT N E SSE T II: HIIEREAS, Mother and Father are the biological parents of Joseph Engers, age 9, Jessica Engers, age 7 and David Engers, age 4; and HIIEREAS, Mother and Father mutually desire to enter into a voluntary agreement establishing the terms of and schedule for custody of their Children; ~ T11EREFORE, Mother and Father each intending to be legally bound, hereby stipulate and agree as follows: 1. ~Iother and Father shall have shared legal custody of the Children. 2. The ~Iother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children every Wednesday fran 5:30 p.m. until 8:UO p.m. when the Children have school the following Thursday and until 9:00 p.m. when the Children do not have school the fallowing Thursday. In addition, the Father shall have custody of the Children on alternating weekends fran Friday at 5:30 p.m. until Sunday at 8:00 p.m. when the Children have school the following Monday and until 9:00 p.m. when the Children do not have school the following Monday. 4. The parties shall share or alternate custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run fran Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon and Segment IJ, which shall run from Christmas Day at 12:00 noon until Dececrber 26 at 12:00 noon. The ~Iother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. B. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and on the Monday following Thanksgiving. In every year, the Father shall have custody of the Children from Thanksgiving Day at 3:00 p.m. through Sunday evening at 9:00 p.m. C. New Years: The New Years holiday shall be divided into Segment A, which shall run from New Years Eve at 12:00 noon until New Years Day at 10:00 a.m., and Segment B, which shall run from New Years Day at 10:00 a.m. until 8:00 p.m. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. For purposes of this Order, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. D. Easter: The Mother shall have custody of the Children on Easter Sunday from 9:00 a.m. until 8:00 p.m. in odd numbered years and the Father shall have custody of the Children on Easter Sunday from 9:00 a.m. until 8:00 p.m. in even numbered years. The parties shall evenly divide having custody of the Children during the remainder of th~ Easter vacation and spring break. E. Alternating Holidays: The parties shall alternate having custody of the Children on Memorial Day, July 4th and Labor Day, beginning with the Father having custody on Labor Day in 1997. The times for exchanges of custody on the alternating holidays shall be arranged by agreement of the parties. F. Mother's Day/Father's Day: The ~Iother shall have custody of the Children on Mother's Day every yeac from 9:00 a.m. until 8:00 p.m. and the Father shall have custody of the Children on Father's Day every year from 9:00 a.m. until 8:00 p.m. 5. Each party shall (non-consecuti ve) periods of custody school vacation upon providing sixty party. have two uninterrupted one week with the Children during each s1.llllT1er (60) days advance notice to the other 6. In the event either party intends to remove the Children from his or her residence for an overnight or longer period, that party shall provide the other party with an address and telephone number where the Children can be reached. 7. The parties shall immediately inform each other of any medical vmIFlCATICN 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 unsworn falsification to authorities. :J~(U--9<Yl' n-u... c-'), I ! Cf47 Date ~;{IJ /l(J i: E ;:;1ii~~ Nancy . Engers I Dei dant ~ I'\") ~ ~ ""'" ~ >- ,- _1' 'V"l (!: -, ~ .. 1:0 <) ~ -. ('. 'to I ' ~ : -- ( 'i - I- . ~ "" ~ t:, "{'> r' I ~ "". I'. (.. J i. ". ~ '< v. . I ,.- ~-) ". l:" U PIIILIP ENGERS. Plaintiff IN TilE COURT or COMMON PLEAS or CUMBERLAND COUNTY. PENNSYLVANIA ) ) ) ) ) ) ) ,-, n o VS. NO, 97-3149 CIVIL TERM NANCY E, ENGERS. Defendant CIVIL ACTION - LAW " J ORDER (i It dayof-&r': \ Conciliator's Report. it appearing that a hearing is necessary. it is hereby ordered and dirc:cted as AND NOW. this . 2000, upon receipt of the .; , r\ follows: A hearing is scheduled for the cJ3 lUi-day of ~ (/ 2000. at /:.36 o'c1ock -t,M,. in Court Room Number -1- of the Cumberland County Court I louse. Carlisle, Pennsylvania, Both parties. through counsel. will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony, Additionally. both parties will submit their proposal for a resolution of the matter. Should either party desire an update of the custody evaluation that was perfomled by Dr. Shienvold. the other party must cooperate with having that update completed, The parties shall share the cost of the update of the evaluation not arrange for a trip with the children to take them to Chicago to visit her family which took the children out of school. He did not agree to the trip but the Mother took it anyway. His position on the modification is that the existing schedule during the school year should be modified to coineide with what they do over the summer, Specifically. they have a week-on. week-ofT schedule over the summer and he believes that a week-on, week-ofT schedule during the school year will be best for the children in that they can have some consistencies week to week. as far as their homework and sehool is concerned. and less bouncing back and forth. He also suggests that because of their proximity (they live very close to cach other) this schedule would work as well. 6, TIle Defendant's position on custody is as follows: Mother's position on the contempt issue is that she advised Father that she intended to take the children out to visit her parents and got approval from the school. Despite Father's protests about the trip. she did not think it was detrimental to them and she should not be subject to his whim of approving the trips that she makes. As far as the change for the custodial arrangement is concerned. Mother points out that the parties had a full and complete cvaluation which resulted in a modification of the existing Order last year whereby the children are on a week-on. week-ofT schedule over the summer but there is a regular schedule during the school year whereby she has primary custody and Father has alternating weekends and some periods of time during the week, She does not believe there is a basis to change that schedule and that it is working well. She believes that the Father's motivation is pure economies, She fimlly believes that the motivation of the Father is support-driven and that the parties should continue with the schedule that was recommended by an evaluator only a year ago and one that is working well, 7, Need for separate counsel to represent child(ren): Neithcr party requested, 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary, 9, A hearing in this matter will take one-half day, 10, Other matters or comments: This is a case that has been through several conciliations. The parties have reached some resolutions in the past. the most recent of which was last year after a custody evaluation was pcrformed, The contempt issue is one that the Court can easily resolve, The contempt, from the Conciliator's perspective. is more indicative of the parties' inability to communicate than anything else, Mother should not take the children on a trip without Father's knowledge, Father, on the other hand. should not withhold approval for a trip when the trip is merely to take the children out to visit the Mother's family, If the parties were communicating properly, this would be a non-issue, The modi fication of the existing schedule is another story. The parties had a complete evaluation that was perfonned and completed last year by Dr, Shienvold, Dr, Shienvold made some specific recommendations. one of which was followed by the parties. that being a week-on. week-olT schedule over the summer months. The Father must show that there is a basis for modilication of the existing schedule and that it is in the best interests of the children to change the schedule, The Conciliator recommended to the parties' counsel that they may want to get an i" ; J I , l , '" .;:, (..' 'iJ ~ . .... u WE DO HeAny CIATI'Y THAT THI WITWIN II A TAUI AND toft. fIllCT CO'Y 0' THe ORIQINAl PUD IN na ACnON IV lAW OHICr5 lJ ") MANCKE. WAGNER, HERSHEY & TULP€B n 4 20pOlt ATTOAHEY Ii>- w ..J .0 Z ...J ~.. ~:l F .~1- ~ ~~dlH ~ . >- i! ~ .WW~~ .J~:r~m U U) "a: Z a: ::: ~ <{ W ":I ~:r :&u""""iM""ii'ilil"iCOtllf6trJh.1 ,I .illln... 11I".0"" 10 11.' :.~~r...'m lro. (lU, '11I0" III11MC1HtilllOfM,I./UClQ,t,If"" , ....,..""".o~"ou "'---l"~- attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 4. The current arrangements in effect provide that the parties alternate weeks during the summer and have a comprehensive schedule for school. 5. Petitioner herein believes and therefore avers that it is in the best interests of the children to have a shared legal and shared physical custody arrangement in that the parties live literally next door to one another, they both live in the same school district, and their schedules are such that the best interests of the children will be served by having a shared legal and shared physical custody arrangement. WHEREFORE, Petitioner prays this Court to grant relief as requested. COUNT II PBTITION POR CONTEMPT 6. The Respondent herein, on January 2, 2000, retained custody of the children for a one (1) week period of time from January 2, 2000, until January 9, 2000. 7. The Petitioner herein, pursuant to the Order of September 10, 1999, had partial custody for the days of January 1, 2, 3, 5. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. .. C ~ \j '-f ( ~"" ~ DATE: f rl~' /JVA,' I I '>- ~. : f.: I c'':'' II ,I ~ C' {.:' I... " ( " .l, 0' . C' I. t:'. , - " " L. j' en " (\': " L!, U a:>- W ::l ~e ~:J~~ .<{I-~< ii > ell i ": ~ ::: >- .. ~ ~wwE~ ~~:r;\'! U (J) 1'1 ~ Za:~< <{W.x ~:r PHILIP ENGERS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3149 plaintiff, . . v. . . : CIVIL ACTION - LAW NANCY E. ENGERS, IN CUSTODY Defendant. ORDER ~tac~:X ~~m&r~[;'ryr rs hereby 19 ~ , and their respective counsel appear , the conciliator, at ~O ~ , on the S day of , 19$., at \0' OCJ o'clock ~.m., for a 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. AND NOW, this upon consideration of the directed that the parties before FOR THE COURT, - ~- ~' ' By , (1 (-, -jJ I - Custody con&dato mpt ~~ - (~,) YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 PHILIP ENGERS, . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Petitioner, . . v. . NO. 97-3149 . : . CIVIL ACTION - LAW . NANCY E. ENGERS, . IN CUSTODY . Respondent. PETITION TO MODIFY CUSTODY AGREEMENT AND NOW, comes the Petitioner, PHILIP ENGERS, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Petition to Modify the CUstody Agreement entered into by the parties on August 20, 1997: 1. The Petitioner, PHILIP ENGERS, is an adult individual currently residing at 10 North 30th Street, Camp Hill, CUmberland County, pennsylvania, and is the natural father of three (3) children, Joseph, Jessica and David Engers. 2. The Respondent, NANCY E. ENGERS, is an adult individual currently residing at Seven North 29th Street, Camp Hill, Cumberland County, Pennsylvania, and is the natural mother of the aforementioned children. 3. The parties, pursuant to a custody consent and stipulation agreement, entered into an agreement on the 20th of August, 1997, a copy of which is attached hereto, marked as Exhibit A, and which was entered as a stipulated Court Order on September 9, 1997. 4. Since the entry of that Order, circumstances have changed in that the Petitioner herein has relocated his residence from Dauphin County to Cumberland County and resides within a very short distance of the residency of the Respondent. 5. Petitioner and Respondent are the natural parents of the three (3) children who were born during wedlock. 6. Petitioner believes and therefore avers that it is in the best interest of the children to modify the current custody consent stipulation agreement by providing shared legal and shared physical custody of the three (3) minor children in that the parties now reside within one block of one another, are both capable and loving parents, and otherwise are both capable of providing the necessary care and nurture for shared physical custody of the children. WHEREFORE, Petitioner prays this Court to grant his Petition for shared physical custody of his children. Respectfully submitted, XAHCltB, "".RSBBY , TULLY c wagner, Esqu re 23103 233 North Front Street HarriSburg, PA 17110 (717) 234-7051 Attorney for Petitioner DATE: II/IS/If' f I dudng Segment A in odd nUlltlered years and dudng Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and dudng Segment B in odd numbered years. B. Thanksgiving: In every year, the Mother shall have custody of the Children on Thanksgiving Day from 9:00 a.m. until 3:00 p.m. and on the Monday following Thanksgiving. In every year, the Father shall have custody of the Children from Thanksgiving Day at 3:00 p.m. through Sunday evening at 9:00 p.m. C. New Years: The New Years holiday shall be divided into segment A, which shall run from New Years Eve at 12:00 noon until New Years Day at 10:00 a.m., and Segment B, which shall rmt fran New Years Day at 10:00 a.m. until 8:00 p.m. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even OlIllDered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. For purposes of this Order, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. D. Easter: The Mother shall have custody of the Children on Easter Sunday from 9:00 a.m. until 8:00 p.m. in odd numbered years and the Father shall have custody of the Children on Easter Sunday from 9:00 a.m. until 8:00 p.m. in even numbered years. The parties shall evenly divide having custody of the Children during the remainder of the Easter vacation and spdng bt'eak. E. Altemating Holidays: The parties shall altemate having custody of the Children on Memodal Day, July 4th and Labet' Day, beginning with the Father having custody on Labet' Day in 1997. The times fot' exchanges of custody on the altet'nating holidays shall be at't'anged by agt'eement of the parties. F. ~lothet"s Day/Fathet"s Day: The ~lothet' shall have custody 0f the Childt'en on Mother's Day ~very yeac ft'om 9:00 a.m. lUll jJ 8:00 p.m. and the Fathet' shall have custody of the Childt'E>lI on Fathet"s Day every year ft'om 9:00 a.m. until 8:00 p.m. 5. Each pat'ty shall (non-consecuti ve) pedods of custody school vacation upon pt'oviding sixty pat'ty. have two uninterrupted one> ....N,k with the Childt'en during each SUlll11et' (60) days advance notice to the other 6. In the event eithet' pat'ty intends to t'emove the Chilclt-E'lI from his ot' het' residence fot' an ovet'night ot' longet' pedod, that party shall pt'ovide the othet' pat'ty with an addt'ess and telephone nLll1tlet' whC't'e the Childt'en can be t'eached. 7. The pat'ties shall immediately inform each othet' of any medical PIIILlP ENGERS. ) IN TIlE COURT or COMMON PLEAS Plaintifi- ) or CUMBERLAND COUNTY. ) PENNSYLVANIA ,~ , ". , ) " , " vs, ) " ) NO, 97-3149 CIVIL TERM : " NANCY E, ENGERS. ) '.. Defendant ) CUSTODY IVISITA TION AND NOW. this ORDER \ ~ ~ day of _'tV'l\') ~ 1 , , I). _< . 1999. upon reccipt of the Conciliator's Rcport. it appcaring thatthc parties have agreed to the terms and provisions of this temporary Ordcr which was dictatcd in their presence and approved hy them and their counsel. it is hereby ordered and dire~ted as follows: I, The parties shall submitthemsclves and their minor children to a custody evaluation to be pcrfomlcd hy Arnold Shienvold. Ph,D, The parties agree that they shall take whatever steps arc necessary to have that evaluation completed in a timely lilshion and shall cooperate in any way that is deemcd necessary in ordcr to have the evaluation complcted, The payment of thc evaluation shall be shared hy the parties hut the funds shall come directly from the partics' mutual fund, Each party will be credited with receiving one-half of whatever the total cost of the evaluation arc. including any tax ramifications. toward cquitahle distribution, 2, The parties shall reconnne for another custod}' conciliation conference before Michael L. BanJ:s, Esquire, on Thursda}', AprilS, 1999, at 9:00 a.m. 3. Pcnding thc completion of the evaluation, thc Order ofScptcmbcr 9, 1997, shall rcmain in full force and cffcct. BY TIlE COURT, 1', Richard Wagncr, Esquirc _ Austin F, Grogan, Esquirc (}c!fJ~.(~~!:: j J" . ~ e..S c.,\ 0 \ c."" ::rr, ~,"""~l" '{I'1/.,1. .},'f. mlb PHILIP ENGERS. PlaintifT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v, CIVIL ACTION - LAW NANCY E. ENGERS. Defendant NO, 97-3149 CIVIL TERM ORDER OF cm JRT AND NOW. thislL(~ay of May, 2000. upon relation of Austin F, Grogan. Esq" attorney for Defendant. that the previously-scheduled hearing date of June 23. 2000. conflicts with his Army Reserve training, and over the objection of p, Richard Wagner, Esq" attorney for Plalintiff. the hearing is rescheduled for Friday. August 4, 2000. at 1:30 p,m,. in Courtroom No, I. Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, p, Richard Wagner. Esq, 2233 N, Front Street Harrisburg. PA 17110 Attorney for Plaintiff /tlL,~~/! J(!eSley OIer, Jr.._ / J" ?j1l~ {fi(l~/(l .5 ' J.:J -(.1 0 K\<3 Austin F, Grogan. Esq, 24 N, 32nd Street Camp Hill, PA 17011 Attorney for Defendant :rc ..... . , .......-. -' ~::i II !3 ~~~ i~ ol~ 3: I ~..l:3 a.H ~a.E'~ .... ~ ~~ "" '" ,u ~ ~ .... ~ 1lS1:lv,S....:9 .... ~ ~~ .cM Ut"- I ="'pj"- C . lii = = :;, ~~~~S '... III ,I lIl=':'~O: III '.... ~~ > ~g ~S 1Il .. ,- . ~~~e I ..c <<Si ii ~ 8~ ~..l = tw _ ~ Iii = E '" '" Iii os B ~ ,,! OlU ~ = g ; ~~~ . ~~ ~mm~~ a. ~ H ..l ~ ::g H ~ :c a. a. PHILIP ENGERS, Plaintiff IN THE COURT OF cnMMON PLEAS OF [f / I, b b cf (.., CUMBERLAND COONTY, PENNSYLVANIA I : vs. : NO. 97-3149 CIVIL TERM . . NANCY E. ENGERS, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRB-'lRIAL STATEMENT FCR PURPOOES Of! EXlUITABLE DIS'llUIll1l'IOO Defendant files the following Pt'e-tt'ial Statement put'suant to Pa. R.C.P. 1920.33(b) and vet'ifies that the statements made in this pre-tdal statement at'e true and cort'ect. Plaintiff undet'stands that false statements het'ein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authot'ities. ~j~~ ASSETS OF PARTIES I. MARITAL PR(pERl'l( DESaUPTICfi VALUE DI\TE tnHlARITAL PCRrICfi ~ as of a. American Funds $ 14597.00 1/21/98 NONE NONE Mutual Funds- Date of Sepat'- 5/31/97 Philip Enget's at ion - Value not IRA pt'ovided by plaintiff/ Current Value not pt'o- vided by Plaintiff b. Not'thwestern Mutual Not pt'ovided 1997 NONE NONE Life Insurance by plaintiff c. Amedcan Funds During mardage NONE NONE Mutual Funds- Joint names as Trustees fot' parties' childt'en d. 1988 Toyota Camry $ 4640.00 1988 NONE NONE e. BMI~ Motot' Cycle 2900.00 1987 NONE NONE f. Drum set 400.00 1997 NONE NONE g. Computer 200.00 1994 NONE NONE h. Ink Jet Printet' 50.00 1990 NONE NONE i. Family photos N/A Dudng marriage NONE NONE j. Washet'/Dryet' lOO.OO/ea Purchased used NONE NONE in 1996 k. Refdgeratot' 100.00 In house at NONE NONE time of put'- chase in 1996 1. Powet' tools 750.00 During mat'riage NONE NONE m. 1997 Fedet'al Income 1234.00 Tax yeat' 1997 NONE NONE Tax Refund I. MARITAL PROPERTY (Continued) DESOUPTICN VALUE DATE tUHWUTAL POOTICN fHnIBRANCES n. Pt'oceeds ft'om sale 50.00+ 1997 NONE NONE Dodge Caravan II. !UHWUTAL PROPERTY DESCRIPl'ICN VALUE DATE MARITAL POOTICN fHnIBRANCES a. FAX Machine 50.00 Dut'ing mart'iage NONE NONE Gift ft'om wife's Fathet' to wife b. DOT Matrix Printer 100.00 Dudng mardage NONE NONE Gift ft'om Wife's Fathet' to wife c. 1990 Chyslet' Town and Country Van 5675.00 1997 (After Sepat'ation) NONE NONE III. INCDIE ~ a. Spousal Suppot't 534./Month b. Pat't-time Employment (Defendant is full-time nursing student) 120./Appt'oximately per week dut'ing the Summet' School bt'eak. IV. MARITAL DEBTS None V. PROPOOED DIS'lRIBl1rICN a. Alimony: Husband to pay Wife alimony in the curt'ent amount of Spousal Support $534./Month tht'ough May 2002, when Wife gt'aduates ft'om nut'sing school. Alimony would terminate at the time of Wife's gt'aduation in May 2002, in the event that, as Wife expects, Wife has obtained employment to begin immediately. In the event Wife has obtained employment which, due to circumstances beyond het' contt'ol, does not begin immediately, ot' Wife has not obtained employment, Husband would pay Wife the amount of $500. pet' month fot' an additional 90 days ot' until Wife obtains and begins employment, whichevet' occut's fit'st. In the event \-life's Schooling is interrupted due to cit'cumstances beyond het' control involving het'self (ie. set'ious illness, disability) Ot' the childt'en, the alimony amount would be subject to modification with all issues to be addt'essed by the Divot'ce Mastet'. b. Husband would pay the amount of $130.00/month to maintain medical insut'ance for Wife undet' <X>BRA fot' the same term dudng which Husband pay1'l alimony, ot' until Wife obtains insut'ance tht'ough employment, whichevet' occut's fit'st. c. The pat'ties would maintain the existing mutual fund which is held jointly as trustees fot' the childt'en's education. , ; v. PROOOOED DISTRIBUl'IOO (Continued) d. All marital property would be divided equally between the pat'ties. e. Husband would pay 50% of Wife's outstanding counsel fees( which are in excess of $5000.00~ A current itemized statement will be pt'ovided at Hearing. Bb/1J2/00 e9:S6 ;ZS FRBRICrlllON - 23473B3 .II i ~ ~H .. I ~ ~;; l ll~ " lh ! ll~ i! .!~! ~ I ~ ~ i ] s: S:Z. J ~j! I J j - ! hit J g ! 1 l ,h- i ~H ~ :gfJl .:; .:; .u a ~ ~ ;j ~ I N i ~ ~H ~ j-j i "1 ; . .1Ll.. ..t ~ II i ~il l. ;; ! " " ~ ~ " '" .. lIi L .. 'E 8 D ! ~ I ~ i B ~, ~, ~ '" "', - '" ;0 !i ;; ~ .. co i c E g II ~ 8 D 'C ... ::l .; ;: N '" ~ .. .. .. 1! ~! ..I :t: ;1 ~ .. ", ~ :II :ll ;l; II! !ll ~ ; ! ~ ~ ~ ~ .. :!! ~ 5l ~, r , ~~ I , :;::; Gl ~,~ ~I ~ i " " " " co Cl ~, .. :;; ~ ~ ~ ~ ~ j c c e - c: ~ ~ ~ ~ 0 ..Jw li i " i e L- . .. - ::i: ::i ~ ~ :Ii ::i :Ii :! :> :Ii :Ii co co .. !Jo. .. .. .. .. 11>,- co= I co':: <(0- i ! i '" ~ 'll ~ - ;; 1 ~ 1 lea ~ ~ ! ;:: ,i: .. I " - ~ 1; e 0 0 .s: ~ ~ x' '" :; , :! .., .., ::; (I) :Ii :Ii , , I '" I HO.113 002 ! ~ ~ c III ii!! l!' i ~ . .r. ~ ~ c; ;Ii:I l: U 1i f")l ~' I II' . .. ~ ; ~: ~ i ! ~ ~ ~ 1 i :;1 0 ~ ~ d ~ ,~ i ;\' ~ i : ! ~ (I) " ::; il ~ ~ ;t ~ :i ~ ;,. .:0 ~ J 8 ,.,1 on ~~ s~1 i % 5 :c ~ - E oJ ~ <1 ~ ~ : 1 ~I ~ :: :: 1 dd1 .. _ U '" .r 6 :! ~ ~ 1 ~ _ N f') .. It) ID .... <<I m ~ - =:!:! ~ ::~ ... j I 1J6/IJ1/CC U8:~" I'll. lIE r.>IJ3 :~~ HliM I CIlT IlJ'l ~ ;!J4?dW ,,,",, Household Furnishings and Personality USling Philip Engers l.... Coo.nOIl"" P'~ All...., 0_ C..- ------. 1 O"."Sel lIoril.1 2 C..... ",_I 3 "'n' ond ",*"" I<M ",,,,ltol . H-.l tDCb "'- ~ Dollble Bed lIar1to1 6 Rod<in.ClI... Maritlll 7 01oo... Milt.. 8 I(itdl", Table MriaI 9 PIcl""_ Mori\eI 10 Grre -- 11 lawn _ Pfnon.1l 12 GMIen _ Pononel 13 Oesll p""",- 1. FU._ _1II Jb/1J1/ell lJ<j:~'j flJ.11E ns H1Bl<ICflllU'l ~ ;!J4?JW ........, Household Furnishings and Personality Listing Nancy Engers --~-_._-- -~_.- v... PlqlIf!y ~- ------,~'!'_--------~ _-I~ ~..... """"" """"" -- 1 -~ ....... ~ P............. - 3 "'tc:~ .....ol . _____J:~~MI ""'"" . -- I.. 0IrIhI nxtft Set ....... 6 lMola ...... Cd - 7 "000 <d1lMo "" 1,"-,> - B JOldJ::nu:cmil1 - U Gtllo ""'"" 10 ~- MlwiI" tt t'__ - 12 1~~~~1:wu:lta ...... 13 0e0Jc - 14 T...... - 'S CsIl!Iow _ .....~ IS F.._ - 17 r..- - 'S r.._ ....... 19 HPOl::l>;cI_ ~ 20 Da:martxPrtl"lgr ....... 21 """'Mctb... ...... 22 l.1...~~ ....... Zl P.-"", """"" 20 F',..".._..... C<<Cer -.. 2S ""'T-. ...... 26 w_ ...... 2'1' R - 26 - ...... 2D l\oltftrm .- - :lO fWnr's Ib2 ...... ). c..ul,. ft WI'UJrIrr hblifl'\b, ...... 32 VClllr1d""'" ....... 33 Saw V<1oo ew..n M.lr'''''' 004 J!!oS FABRICATION 90 PHILIP M. ENGERS 215-70-0793 MR JAMES E KLINE tnO.....u""~~IVIr,IIIO ~U''''JtUI , _ HOU . A H HG _ _ I :, , erl o SCRIPTlOH' RATE ,Ee NR' onIR-r-REI!IM\=.ovE8,rl'CJlliW ,OB $I .QFn~E___________ ._.___~..J..QI10.RO,._..____.___,___,_l,--____,E.~ rXBL "AGES TAXABLE "AGES: 1.000,00 FO "H S-04 DOH REL 3~_34., 3 i PA soc. SEC. TOTAL ADJUSTMENTS: 375,34.' MEDICARE PA "H S-OI HO LOCAL TOTAL AOJ HET PAY no: ec ote: 1,000,00 142,42 ' 62,00, 14,50, 28,00 i 10.0D ~ 375,341' 367,74 I I 17,000,00 2,511.60 1,054,00 246,50 476,00 170,00 6,380.78' 6:,61_12 ( Department: 3 100-00104:0015 " r~) 4. Father shall have every Wednesday after school until Thursday morning with Joseph and Jessica. 5, Commencing with the summer vacation from school, the parties shall have shared physical custody of all three children on an alternating weekend basis. 6, In August of 2001, the parties and David shall meet with Dr, Shienvold for purposes of re-evaluating David's custody arrangement with a view towards bringing David into a full, shared physical custody arrangement. 7, The alternating week schedule that begins in the summer of 2001 shall continue thereinafter for Joseph and Jessica, unless either child shall not want to have a shared physical custody arrangement with the parent, 8, Commencing with Thanksgiving 2000 and every even-numbered year thereafter, father shall have custody from Wednesday after school until Tuesday morning, Mother shall have the same period of custody on odd-numbered years, commencing with Thanksgiving 2001. 9, During the periods of time from January 1st until the end of school in the spring of 2001, each party shall have one uninterrupted week of vacation with each of the three children, 10, During the summer period of time, the non-custodial party may have two days during the week for partial custody of the children. 11. Both parties agree that they will undertake reasonable efforts to insure that any of the three children shall be able to participate in the current extracurricular activities in which they are engaged. 12, The parties agree that this change in custody schedule shall not serve as a basis for the father to seek a modification of the current support order, and he may not use this change in custody schedule for such request of modification until May 1st, 2002, 13, The costs of Dr, Shienvold's meeting with the parties and David in the summer shall be equally divided by the parties, 14, Should either party be determined by a Court to have violated the terms of this order in the future, the violating party shall agree to pay reasonable attorney's fees to the non-violating party, 15. Both parties agree to reasonably cooperate to effectuate the terms of this agreed-upon cout't order, 16, During the period of custody with either party, the custodial parent will endeavor to meet the needs and requests of any or all of the children to spend a period of time with the other parent, 17, The Plaintiff's petition for contempt ,.- C") ~ ..... ~, 1::-: N 5 .. I ,.,="'= '--7- .. ~ '-,-::: ~)~ '- , c:::l -'cn , '~1Z ..1." r:rli , ~, oct ~lu. - " =, r - I a U PHILIP ENGERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 97 - 3149 CIVIL NANCY E. ENGERS, Defendant IN DIVORCE THE MASTER: Today is Thursday, January 18, 2001. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present for the Plaintiff, Philip Engers, is attorney P. Richard Wagner, and present for the Defendant, Nancy E. Engers, is attot'ney Dawn S. Sunday. This action was commenced by the filing of a divorce complaint on June 13, 1997. Grounds for divot'ce as raised are irretrievable breakdown of the marriage and the parties have provided the Mastet' with affidavits of consent and waivet's of notice of intention to request entry of divorce decree which the Master's office will file with the Prothonotary. Therefore, the divorce r.an be concluded under Section 3301(c) of the Domestic Relations Code. On April 17, 2000, the Defendant filed a petition raising the economic claims of equitable distribution, alimony and counsel fees and expenses. The parties were married on December 6, 1987, and separated May 31, 1997. They are the natural parents of three children, all of whom are minors and are in the primary custody of wife but husband shares a lot of the custodial time with the childt'en. A shared custody at't'angement will apparently be instituted in the summet' of 2001. The Master has been advised that after considerable negotiations this morning the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the pat'ties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes ot' modifications except for correction of typographical errors which may be made during the transcription. After the agreement has been transcribed counsel and the parties are going to return later this morning to review the draft of the agreement, make any corrections of typographical errors, and then affix their signatures affirming the terms of settlement as stated on the record at this time. After the Master has been provided a completed agreement, he will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Sunday. MS. SUNDAY: 1. The parties have agreed that husband shall pay to wife, beginning February 1, 2001, alimony in the amount of $534.00 per month through May 31, 2002. The alimony will be paid through the Domestic Relations Office and the alimony amount shall be non-modifiable. The alimony may be terminated upon death but not due to Defendant's cohabitation ot' t'emarriage. The payment of the $534.00 per month shall be as is currently provided through the Domestic Relations Office with the current spousal support order, which shall terminate effective February 1, 2001. 2. The current balance in the Mutual fund account, No. 60460318 currently held in the name of Philip Engers shall be transfet'red in its entirety to Nancy Engers within thit'ty days of the date of the divorce decree. The parties agree that within thirty days of the date of the dect'ee that they shall execute such documents as necessary to effectuate a rollover of that account from Philip Engers to Nancy Enget's. Philip Engers divests himself of all right, title, and interest in said account. Said account shall become the sole and separate property of wife. 3. Within thirty days of the divorce decree the parties shall schedule a time to jointly meet in the office of Dawn Sunday to divide equally all marital photographs and negatives and video tapes. In the event the parties have a conflict as to the division of any photographs, the parties will equally share, either taking the copy of the photograph or the negative. All photographs, negatives or video tapes that were in the possession of one party or the other priot' to mart'iage, shall be returned to that party. All memorabilia relating to the children's school and activities shall be divided equally between the parties. 4. Any fund currently held by either parent in the name of the child shall be renamed so that both parents shall be on each account of those accounts held by the children with the expre~s intent that neither party can withdraw any funds without the written consent of the other. 5. Except for the photographs and the albums stated in Paragraph 3 above, the parties agree that whatever personal property is in the possession of the othet' shall remain the personal property of that person in whose possession it currently is placed. Each party agrees to waive any and all right, title and interest in that personal property in the possession of the other. 6. Except as herein provided, both parties waive spousal support, alimony pendente lite, and counsel fees from the other. 7. Except as herein otherwise provided, each party may Master's hearing? MR. ENGERS: Amen. MR. WAGNER: Knowing what I just indicated to you and knowing what the purported agreement is to be, is it your desire that this agreement be entered as the full and final property settlement agreement between you and yout' wife? MR. ENGERS: Yes. MS. SUNDAY: Do you understand the terms of the agreement that were just placed on the t'ecord by myself in this proceeding? MS. ENGERS: Yes. MS. SUNDAY: Do you understand that you have rights that you may be entitled to under the divorce code including the right to alimony pendente lite, alimony, support, equitable distribution of property and counsel fees and expenses? MS. ENGERS: Yes. MS. SUNDAY: Do you agree to the terms as stated on the recot'd in this proceeding? MS. ENGERS: Yes. MS. SUNDAY: Do you agree to be legally bound by those terms? MS. ENGERS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of % t' .. } i '<J ~ \ '" '" f' ... j~ .....~ U'l f:? Ln ?:: ;/'" .' ~ ::;:;~ - ,~ -'.. -)=;.. " ,):;" :i -' j,.-": " ~) .~ ,- ,/J r -' :-~: ..,.. ili.j <- :.._~n. a ::'5 (J