Loading...
HomeMy WebLinkAbout07-5588 Monica England, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Dustin England, No. 07 - 5Y.?9' CIVIL Defendant IN DIVORCE / CUSTODY You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fii Cher notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You. may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH`INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone.. (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. 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. MARK K BAYLEY ESQUIRE BAYLEY & MANGAN 17 WEST SOUTH STREET CARIMLE PA 17013 (717) 241:2446 ATTORNEY ID NO. C663 ATTORNEY FOR PLAllfrw Monica England, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Dustin England, No. 07 -,5S $ 8` CIVIL Defendant IN DIVORCE / CUSTODY 1. Plaintiff is Monica England, an adult individual, who resides at 1944E Fry Loop Avneue, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Dustin England, an adult individual, who resides at 1358 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 21, 1995 in Breezewood, Bedford County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage, is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as maybe just and appropriate. v? N ? o W ION .°O G% d C o C?7 ? C O ? rv c? COUNT H CO WLA M FOR CUSTODY 9. Previous paragraphs are. incorporated by reference. 10. The plaintiff is Monica England, residing at 1944B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 11. The defendant is, Dustin England, residing at 1358 Centerville Road, Newville, Cumberland County; Pennsylvania 17241. 12. Plaintiff seeks primary custody of the following child: Name Present Residence DOB Ag_e Mira England 1944B Fry Loop Ave. 3-27-2006 1 year 5 mos. Carlisle, PA 17013 The child was not born out of wedlock 13 The child is presently in the custody of Monica England, residing at 1944B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons - List All Addresses Dates Dustin & Monica England 1358 Centerville Road birth to 7/28/07 Newville, PA 17241 Monica England' 1944B Fry Loop Ave. 7/28/07 to present Carlisle, PA 17013 The mother of the child is Monica England, residing at 1944B Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013. She is married. The father of the child is Dustin England, residing at 1358 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. He is married. 14. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons. Name Relationship Mira England Child 15. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons. Name Relationship Himself 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the-custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this. Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 17. The best interesuand permanent welfare of the child will be served by granting the relief requested because. A Court Order of custody is desired so that the parties may plan their schedules accordingly and so that. misunderstandings and unmet expectations regarding custody can be avoided. Mother is best positioned and equipped to assume primary physical custody at this time. WHEREFORE, Plaintiff requests this Court grant Plaintiff primary physical custody subject to partial physical custody by the Defendant at times agreed upon between the parties or otherwise at times determined by the, Court to be in the best interests of the child. Respectfully submitted, BAYLEY & MANGAN Date. l Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff Monica England, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Dustin England, No. 07 - CIVIL Defendant IN DIVORCE / CUSTODY 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date Monica England, 1?intiff ev C7 'l7 0"1 C? 3 MONICA ENGLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND DEFENDANT • 2007-5588 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 28, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 26, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator r 11 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 Z- LUZ i?l. 30 NOV 0 7 2007M? MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DUSTIN ENGLAND, : NO. 2007-5588 Defendant : IN CUSTODY COURT ORDER AND NOW, this T day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. 2. 3. 4. The father, Dustin England, and the mother, Monica England, shall enjoy shared legal custody of Mira D. England, born March 27, 2006. The mother shall enjoy primary physical custody of the minor child. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On each Tuesday and Thursday from when the father will pick the child up at daycare until the following morning when the father shall return the child to mother prior to his going to work. B. On alternating Sundays from approximately 2:30 p.m. until Monday morning when the father shall return the child to mother prior to his going to work. C. At such other times as agreed. Custody on holidays shall be handled as follows: A. For Christmas Day, the holiday shall be divided into two segments: Segment `A' shall be from December 24 at noon until December 25 at noon and Segment 111' shall be from December 25 at noon until December 26 at noon. The parties shall alternate custody on those two segments with the mother to have Segment `A' in 2007 and the father to have Segment `B' in 2007, with the parties alternating thereafter. B. For the Thanksgiving Holiday, the parties shall work the Thanksgiving Holiday out themselves with the understanding that it is anticipated the father will celebrate Thanksgiving on the day itself with the mother celebrating the Thanksgiving Holiday on the weekend. j'VIN'VAIAN3d LE :01 WV 6- AUDI LOOT A8V QNOH (,I d BA 10 ' M\ C. Mother shall have Easter Day and News Year Day, the father shall have custody on Memorial Day, July 4 and Labor Day. D. For the child's birthday, the parties shall accommodate a schedule to insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate the child's birthday with each parent. 5. The parties may alter the above custody schedule as they agree. Absent an agreement, the schedule set forth above shall control. In the event either party is dissatisfied with this schedule, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 6. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise vacation. BY THE COURT, Judge cc: Mark F. Bayley, Esquire 1 1Dustin England t CS rriri!2t /1/4/07 ? v MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DUSTIN ENGLAND, NO. 2007-5588 Defendant 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: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mira D. England, born March 27, 2006. 2. A Conciliation Conference was held on November 2, 2007, with the following individuals in attendance: The mother, Monica England, with her counsel, Mark F. Bayley, Esquire, and the father, Dustin England, who appeared without counsel. 3. The parties agree to the entry of an Order in the form as attached. Date: 0 H&ert X. Gilro , Esquire Custody Conc' lator MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. 1F 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 THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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. MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DUSTIN ENGLAND, :No. 07 - 5588 CIVIL Defendant : IN DIVORCE/ CUSTODY PLAINTIFF'S PETITION FOR ADDITIONAL CLAIMS AND NOW, comes the Plaintiff, Monica England, by and through her attorney, Mark F. Bayley, and includes the following counts on behalf of Plaintiff: COUNT 3 - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO SECTIONS 3104 AND 3502 OF THE DIVORCE CODE The averments previously set forth in Counts 1 and 2 of Plaintiffs Complaint filed on September 24, 2007 are herein incorporated. 2. The parties acquired property and assets during their marriage from the date of said marriage until the date of separation. 3. The parties have been unable to agree as to an equitable distribution of said property and assets. 4. The Plaintiff requests the Court to equitably distribute the property and assets. WHEREFORE, Plaintiff respectfully requests an Order to be entered distributing the marital estate as the Court deems equitable and just plus attorney fees and costs. COUNT 4 -ALIMONY & ALIMONY PENDENTE LITE 5. Previous paragraphs are herein incorporated. 6. The parties separated on or around July 27, 2007 when Defendant forced Plaintiff out of the marital residence. 7. Plaintiff lacks sufficient property and income to provide for her reasonable needs in accordance with the standard of living the parties established during the marriage. 8. Plaintiff is unable to support herself in accordance with the standard of living of the parties. 9. Plaintiff has insufficient assets and income to pay for her counsel fees and costs regarding litigation in relation to the within matter. 10. Defendant enjoys a respectable income along with benefits from which he is able to contribute to the support and maintenance of Plaintiff as well as alimony in accordance with the Divorce Code. WHEREFORE, Plaintiff requests an Order to be entered awarding Plaintiff alimony pendente lite and permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff with regard to litigation expenses and so that she may remain in the station of life to which she has become accustomed during the marriage. Date: M C? -' o D Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, quire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW DUSTIN ENGLAND, : No. 07 - 5588 CIVIL Defendant : IN DIVORCE/ CUSTODY VERIFICATION I, Monica England, 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. Cons. Stat. § 4904 relating to unworn falsification to authorities. Ak?- ca- '?"' Monica England, Pla' iff MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW DUSTIN ENGLAND, : No. 07 - 5588 CIVIL Defendant : IN DIVORCE/ CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dustin England 1358 Centerville Rd. Newville, PA 17241 Mark F. Bayley, Esquire Attorney for Plaintiff Dated: a * R ? OC CA) tt rte,, MONICA ENGLAND Plaintiff/Respondent V. DUSTIN ENGLAND Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5588 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Dustin England, by and through his attorney Galen R. Waltz, Esquire and includes the following averments on behalf of Petitioner: 1. The Respondent is Monica England, an adult individual, who resides at 1944B Fry Loop Avenue, Carlisle, Pennsylvania 17013. 2. Petitioner is Dustin England, an adult individual, who resides at 1358 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. The child is Myra England, DOB is March 27, 2006 and she is 2 years and 7 months of age 4. A complaint for custody characterized as Count 11 in the Divorce Complaint was filed on or around September 17, 2007. 5. On November 9, 2007 a court order was entered providing shared legal custody to both parents; it further provided primary physical custody to the mother and temporary physical custody to the father on each Tuesday and Thursday for overnights and on alternating Sunday's from 2:30pm until Monday morning and at such other times as agreed. (Exhibit 1 Court Order attached and incorporated herein as if fully set forth) 6. The court order was agreed upon at the conciliation conference and arose in large part as a result of the father being employed during the course of the weekend. 7. Approximately on or about October 1, 2008, father no longer is employed part time during the course of weekends and is therefore available for having custody of his child. Since the father no longer has the employment impediment to interfere with the custody of the child he is seeking to retain shared legal custody and he seeks to secure shared physical custody. 8. There is currently no other custody proceedings concerning the child pending in the court of this commonwealth nor has the Petitioner participated as a party or witness or in another capacity in other litigation concerning the custody o modification of custody of this child. 9. The best interest and permanent welfare of the child will be served b) granting the relief requested because the father is now equally positioned and equippec to assume shared physical custody of his daughter at this time and the partieE schedules permit the modification of custody that is sought. WHEREFORE, Petitioner request this court grant Petitioner shared legal custody and shared physical custody in the best interest of the child. Date Respectfully Submitted TURO LAW OFFICES feMen R. Waltz, Es 28 South Pitt StreeT? Carlisle, PA 17013 (717) 245-9688 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Modification of Custody are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ?o a9 0 ? Dat ustin England MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DUSTIN ENGLAND, NO. 2007-5588 Defendant IN CUSTODY COURT ORDER AND NOW, this day of November, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Dustin England, and the mother, Monica England, shall enjoy shared legal custody of Mira D. England, born March 27, 2006. 2. The mother shall enjoy primary physical custody of the minor child. 3. The father shall enjoy periods of temporary physical custody of the minor child as follows: A. On each Tuesday and Thursday from when the father will pick the child up at daycare until the following morning when the father shall return the child to mother prior to his going to work. B. On alternating Sundays from approximately 2:30 p.m. until Monday morning when the father shall return the child to mother prior to his going to work. C. At such other times as agreed. 4. Custody on holidays shall be handled as follows: A. For Christmas Day, the holiday shall be divided into two segments: Segment `A' shall be from December 24 at noon until December 25 at noon and Segment `B' shall be from December 25 at noon until December 26 at noon. The parties shall alternate custody on those two segments with the mother to have Segment `A' in 2007 and the father to have Segment `B' in 2007, with the parties alternating thereafter. B. For the Thanksgiving Holiday, the parties shall work the Thanksgiving Holiday out themselves with the understanding that it is anticipated the father will celebrate Thanksgiving on the day itself with the mother celebrating the Thanksgiving Holiday on the weekend. EXHIBIT a C. Mother shall have Easter Day and News Year Day, the father shall have custody on Memorial Day, July 4 and Labor Day. D. For the child's birthday, the parties shall accommodate a schedule to insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate the child's birthday with each parent. 5. The parties may alter the above custody schedule as they agree. Absent an agreement, the schedule set forth above shall control. In the event either party is dissatisfied with this schedule, that party may petition the court to have the case again scheduled with the Custody Conciliator for a conference. 6. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise vacation. BY THE COURT, *JdgeL-d.6 cc: Mark F. Bayley, Esquire Dustin England COUPY e?? rsOf, here 0n}a net 5 }y iVI&Id otar CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by certified, return receipt requested, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the day of © 1 __ 2008, from Carlisle, Pennsylvania, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 TURO LAW OFFICES en R. Waltz, Es?y?? e 28 South Pitt Streei? Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 1" W Q , r-71 77 i MONICA ENGLAND IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND D[FF..NDANT 2007-5588 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, November 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 11, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 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/ Hubert X. Gilroy, 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 04, 67, :Z ["") d I- 0 d, C''31 eV 9t MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Monica England, is a competent adult individual, who resides at 1944B Fry Loop Ave., Carlisle, Cumberland County, Pennsylvania 17013. 2. Petitioner's date of birth is 3125/77 and her social security number is: 204-60- 2856. 3. Respondent, Dustin England, is a competent adult individual, whose address is 1358 Centerville Rd., Newville, Cumberland County, Pennsylvania, 17241. 4. Respondent's date of birth is 1/12/1973 and his social security number is: unknown. 5. A divorce complaint which contained claims for Divorce and Custody was filed under the above-captioned docket number on September 24, 2007. A Petition for Additional Claims which contained claims for Alimony and Alimony Pendente Lite was filed under the above-captioned docket number on October 14, 2008; A true and correct copy of the Divorce Complaint is attached to this petition. WHEREFORE, Petitioner requests a Court Order for Alimony Pendente Lite. Respectfully submitted, BAYLEY & MANGAN Date. ? 1 0 UU Mark F. Bayley, squire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 t , 1 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unworn falsification to authorities. Date: l J (2 \ xr__? Mark F. Bayley, Es ire ? r. MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 U(ZS Dated: 12 AS Mark B. Bayley, quire ' 4z) .yam fw_ MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Monica England, by and through her attorney, Mark F. Bayley, Esquire and in support of the within motion avers the following: 1. No Judge has previously been assigned to the above captioned matter. 2. The parties were married on October 21, 1995; the parties separated on July 27, 2007; the above captioned complaint was filed September 24, 2007. 3. In 2002 and 2003, Monica England (hereafter "wife") took out student loans in the total amount of $14,517.86. 4. In 2003, Dustin England (hereafter "husband") took out student loans in the total amount of $18,557.38. 5. 2004. 6. 7. $186.40. 8. The parties consolidated said loans with EdFinancial Services in December of The principal balance of said loans as of August 11, 2008 was $27,843.45. The regular monthly payment to maintain the account in good standing is At the time of separation, the parties agreed orally that Wife would pay $80.40 toward the above monthly payment and Husband would pay $106 toward the above monthly payment. 9. Wife recently filed for child support and, in retaliation, Husband has refused to contribute his $106 a month in order to keep the EdFinancial account in good standing. 10. Husband earns approximately $50,000 per year; Wife earns approximately $35,600 per year. 11. The parties have no other debt other than a mortgage relating to the marital residence in which Husband resides; the parties have substantial equity in said residence. 12. There is no reason that Husband should not pull his weight with regard to keeping the student loan account in good standing. WHEREFORE, Wife respectfully requests Husband to pay his fair share of this monthly obligation pending the resolution of all of the property issues regarding the above captioned matter. Respectfully submitted, BAYLEY &-MANGAD -o Date: z Mark F. Bayley, 17 West South S Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: t ul__? Mark F. Bayley, Esquire MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Dated: U\-A Mark B. Bayley, Esquire ? m r r 35 . t .h r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MONICA ENGLAND ) Docket Number 07-5588 CIVIL Plaintiff ) vs. ) PACSES Case Number 394110466 DUSTIN D. ENGLAND ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOU, DUSTIN D. ENGLAND 1358 CENTERVILLE RD, NEWVILLE, PA. 17241-9551-58 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 17TH DAY OF DECEMBER, 2008 at 8:30AM for a hearing. This date replaces the prior hearing date of DECEMBER 4, 2 0 08 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 i -0 ENGLAND V. ENGLAND PACSES Case Number: 394110466 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1.1 1 n -A JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. 1 Worker ID 21302 , ;? .wC 1? ?„ , ?3 ?'?-r ? ?= ?-' N 4 " *? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MONICA ENGLAND ) Docket Number 07-5588 CIVIL Plaintiff ) VS. ) PACSES Case Number 394110466 DUSTIN D. ENGLAND ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, MONICA ENGLAND 1944 B FRY LOOP AVE, CARLISLE, PA. 17013-4601-44 are ordered to appear at DOMESTIC RELATIONS HEARING RM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 17TH DAY OF DECEMBER, 2008 the prior hearing date of DECEMBER 4, 2008 at 8: 3 OAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 r V. ENGLAND PACSES Case Number: 394110466 ENGLAND If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: T* -t U4 Date of Order: 11 10'0 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 21302 fV F A .,., MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT NO. 07-5588 CIVIL ORDER OF COURT AND NOW, this 18t' day of November, 2008, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 12, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, "Mark Bayley, Esquire Attorney for Plaintiff G alen Waltz, Esquire Attorney for Defendant bas I Ls mat LL -'IN -L ?t? M. L. Ebert, Jr., J. v- r z z :01 wv 9 1 AON 8092 MONICA ENGLAND Plaintiff/Respondent V. DUSTIN ENGLAND Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-5588 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance in the above-captioned matter on behalf of the Defendant. Respectfully Submitted TURO LAW OFFICES Date L?G en R. Waltz, Esquir 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Please grant the above withdrawal request. I intend to represent myself pro se. r? tG 0 I ilk. 6__Z?? Da a ustin England '`, ,; c; ? ? + ? ; '3 ? ?,?, , n? k? ?. e . Monica England, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Dustin England, No. 07 - 5588 CIVIL Defendant IN DIVORCE / CUSTODY ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce/Custody on behalf of the Defendant, Dustin England, in the above-captioned action and I certify that I am authorized to do so. 9 ?? o Date BY: Dustin England, efendant C? ? w ?1. F-%? , ?... -Tl rT7 t? ?.. y? , ? i?S { ?'i ' { ` l ? --^ ?? ? {'? ' __ ? S -j T .. i MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, : No. 07 - 5588 CIVIL Defendant : IN DIVORCE/ CUSTODY WAIVER OF INTEN'T'ION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER _ 3301(01 OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THATT EH STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Monica England ter'., ? EZ"1, t' d W MONICA ENGLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ? - 1'3-OC) Date V1/ uc o - Monica England 0 t.? rn MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, : No. 07 - 5588 CIVIL Defendant IN DIVORCE/ CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -43301(C-) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THATT EH STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. I - 09 Date Dustin England w -D ca ?eL C.+.) - MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 24, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date Dustin England n C J' 1 4. CD? MONICA ENGLAND, Plaintiff VS. DUSTIN ENGLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 07 - 5588 CIVIL IN DIVORCE/ CUSTODY PRAECIPE TO TRANSMrr RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on September 24, 2007 and Acceptance of Services signed on September 26, 2007. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff January 13, 2009; by the Defendant January 15, 2009. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 20, 2009; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on January 20, 2009; a copy of which is attached. -- - o°` Date: I Z o Mark F. Bayley, Esquire BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff ?1?f9 .. _ V { ' ` ?" y'• s 1 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN CUSTODY STIPULATION The undersigned parties hereby stipulate to the following Order being entered: 1. Dustin England (hereafter "Father") and Monica England (hereafter "Mother") shall enjoy shared legal custody of Mira D. England, born March 27, 2006. 2. Mother shall have primary physical custody of the child subject to Father's periods of partial physical custody as follows: a. On each Tuesday and Thursday from when Father will pick the child up at daycare until the following morning when Father shall return the child to Mother by 8:00 a.m. b. On alternating Saturdays when Father picks the child up at 10:00 a.m. until Sunday when Mother drops the child off at 4:00 p.m. C. At such other times as agreed. 3. Custody on holidays shall be handled as follows: a. For Christmas, the holiday shall be divided into two segments: Segment 'A' shall be from December 24 at noon until December 25 at noon and Segment'B' shall be from December 25 at noon until December 26 at noon. The parties shall alternate custody on those two segments with Father to have Segment 'A' in even years and Father to have Segment 'B' in odd years. b. The parties shall work the Thanksgiving Holiday out themselves with the understanding that it is anticipated Father will celebrate Thanksgiving on the day itself with Mother celebrating the Thanksgiving Holiday on the weekend. Mother shall have custody on Easter Day and New Year Day, Father shall have custody on Memorial Day, July 4 and Labor Day. d. For the child's birthday, the parties shall accommodate a schedule to insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate the child's birthday with each parent. 4. The parties may alter the above custody schedule as they agree. Absent an agreement, the schedule set forth within shall control. 5. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise said vacation. 6. A party taking the child to a location for any overnight period, on vacation or otherwise, shall advise the other party where that location shall be in advance. 7. Each party shall permit the other to have reasonable telephone contact with the child, wherever the child may be. The parties shall ensure that each has up-to-date telephone contact information and shall make an effort to answer each others calls and promptly return missed calls. ustm England Monica England - 1?--pq Date 1- 1 3_09 Date M.713 Monica England IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Dustin England NO. 2007-5588 DIVORCE DECREE AND NOW, z?'' it is ordered and decreed that Monica England , plaintiff, and Dustin England bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, ,? yo, oc- / V-p ?r ?yp he ?? rU A iul JAN 7 7 2009 (4 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW DUSTIN ENGLAND, No. 07 - 5588 CIVIL Defendant IN CUSTODY COURT ORDER 1h AND NOW, this day of 2008, upon stipulation by the parties, it is hereby directed as follows: 1. Dustin England (hereafter "Father") and Monica England (hereafter "Mother") shall enjoy shared legal custody of Mira D. England, born March 27, 2006. 2. Mother shall have primary physical custody of the child subject to Father's periods of partial physical custody as follows: a. On each Tuesday and Thursday from when Father will pick the child up at daycare until the following morning when Father shall return the child to Mother by 8:00 a.m. b. On alternating Saturdays when Father picks the child up at 10:00 a.m. until Sunday when Mother drops the child off at 4:00 p.m. C. At such other times as agreed. 3. Custody on holidays shall be handled as follows: a. For Christmas, the holiday shall be divided into two segments: Segment 'A' shall be from December 24 at noon until December 25 at noon and Segment'B' shall be from December 25 at noon until December 26 at noon. The parties shall alternate custody on those two segments with Father to have Segment 'A' in even years and Father to have Segment 'B' in odd years. b. The parties shall work the Thanksgiving Holiday out themselves with the ? v understanding that it is anticipated Father will celebrate Thanksgiving on the day itself with Mother celebrating the Thanksgiving Holiday on the weekend. C. Mother shall have custody on Easter Day and New Year Day, Father shall have custody on Memorial Day, July 4 and Labor Day. d. For the child's birthday, the parties shall accommodate a schedule to insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate the child's birthday with each parent. 4. The parties may alter the above custody schedule as they agree. Absent an agreement, the schedule set forth within shall control. 5. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise said vacation. 6. A party taking the child to a location for any overnight period, on vacation or otherwise, shall advise the other party where that location shall be in advance. 7. Each party shall permit the other to have reasonable telephone contact with the child, wherever the child may be. The parties shall ensure that each has up-to-date telephone contact information and shall make an effort to answer each others calls and promptly return missed calls. BY THE COURT, J. *?, ? cc: /-Mark F. Bayley, Esquire ,Dustin England, Pro se , p?t rr•_-? r Z ll : i I WV 9Z NVr 6Oaz i de -r. MONICA ENGLAND, Plaintiff V. DUSTIN D. ENGLAND, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION PACSES NO. 075109702 DOCKET NO. 1052 SUPPORT 2007 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DUSTIN D. ENGLAND, : PACSES NO. 394110466 Defendant/Petitioner: DOCKET NO. 07-5588 CIVIL ORDER OF COURT AND NOW, this 26th day of January, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiff's claim for spousal and child support and alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: 1. The interim order entered October 22, 2008 is affirmed as a final order. 2. Said order of October 22, 2008 is modified effective January 15, 2009 such that the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Mira England, born March 27, 2006, the sum of $500.00 per month, and such that the parties shall share equally the cost of all non- reimbursed health care expenses of said child, and in all other respects said order shall remain in full force and effect. 3. The Plaintiffs claims for spousal support and alimony pendente lite are withdrawn and dismissed. By the Court, N i ?'"' V M. L. Ebert, Jr., J. Cc: Monica England Dustin D. England Mark F. Bayley, Esquire For the Plaintiff DRO r ?% :`3? ` ?•Y« .,- := ti?,.? ....s ?;'; c? .?; ;? - ,. ::.? C?-' JAN 2 7 Z0094 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DUSTIN ENGLAND, NO. 2007-5588/ Defendant IN CUSTODY ORDER AND NOW, this day of January, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Conciliar K rNa +.. vy ! t i I. 3 IT "Y { ? ; \ r `1 G I alt F LYAN 1A I:cf .ndant !N, 1 it G t)il! CIVIL,, 1l(I)'s' IN D1 ?'k?RC:F-, i CUSTGDY PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE Please withdraw the appearance of Mark Bayley, Esquire, on behalf of Monica England. Plaintiff in the above-captioned action, and enter the appearance of Alice B. Richards, Esquire. Respectfully Submitted. k AYLE.Y & _ (',A1 ?I ?v ?.. s K?. i?UIre a_r1. Ba, le A,to ney LB No. 87663 `,'ARE:. P. COGNETTF, r c "t :'.,rice B. Richards. Ia?l - 1 _, y Nil, 17 South Street Carii',ic, PA 17013 el "Ihone: (717) 241-2446 Grandview Avet'iue_ S_1 re Camp hill, PA 17011 t elephone: (7110 909-4060 MONICA ENGLAND, IN THE COURT OF COMMON PLEA'S OF.,, `7' Plaintiff CUMBERLAND COUNTY PENNS:?&A -i , rn w c- =rn c= "M--- V• NO. 07-5588 ?r- `- rrrr ?)> ? DUSTIN ENGLAND, CIVIL ACTION- LAW 'cc -0 " -r M Defendant/Petitioner IN CUSTODY XCD - 5 ?^ Z e C D 5;c - CX) PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Dustin England, with his Petition to Modify respectfully avers as follows: 1. 2. 3. 4. 5. Petitioner is Dustin England (hereinafter "Father"), who resides at 1358 Centerville Newville, Pennsylvania 17241. Respondent is Monica England (hereinafter "Mother"), who resides at 90 McLand Road, Holly Springs, PA 17065. The Parties are the natural parents of the minor child, Mira D. England, born March 17, 2006. On January 26, 2009, the parties entered into a Custody Order. Said Order was pursuant to an agreement reached by the parties. Father believes, and therefore avers, that a modification of the current Order is in the interest of the child for the following reasons: a) The child in question, Mira D. England, is six years old and would greatly from extended contact with Petitioner herein. b) Given the tender age of the child, the health, welfare and social wellbeing of the will greatly increase by expanding petitioner's time with the child. t U c4o4 I C) Plaintiff has refused to allow Petitioner additional time with the child to facilitate parent-child. relationship. d) Respondent uses disparaging remarks in front of the child, which places Petitioned in a bad light, and does not encourage the child's relationship with Father. e) Generally, Plaintiff is engaging in conduct which is alienating the child from Petitioner. Said conduct is not in the best interests of the child. f) Plaintiff exhibits behaviors which are not in the best child of the interest by multiple male companions spend the night during her periods of custody, and allowing the child to witness those males leaving the home in the early hours when Petitioner returns the child to the Mother's home. g) Plaintiff refuses to allow the child to participate in sports programs, by not the child to attend games or practices during her periods of custody. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody follows: a. Petitioner seeks a modification to the current order. Petitioner seeks every Friday from 5:00 p.m. to Monday at 7:30 a.m., and seeks to continue to ha visitation on Tuesday and Thursday evenings as per the original Order. b. Petitioner requests that pick-up and drop-off locations be set in a public location which there are video cameras in order to protect him from any false which have been made by the mother during prior exchanges when involvement was necessary due to the Mother's behavior. C. Petitioner also seek to increase the summer visitation from one week to four weekd of vacation time each summer in addition to his regularly set periods of custody. d. Petitioner seeks to keep the current holiday schedule as set forth by the Order. e. While Petitioner respects the Mother's right to form relationships and Petitioner requests that the Mother limits the number of male companions and leaving the premises during Mother's periods of custody. f. Petitioner requests that the Mother allow the child to take part in sporting whether they are practices or games, during Mother's period of custody. If Mothe# is unable to provide transportation during these sporting events, Father requests that be granted the opportunity to transport the child to these events. 6. The best interest of the child will be served by the Court modifying said Order. Respectfully submitted, Date: O /it Dustin England .01 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVA] V. NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION- LAW Defendant/Petitioner IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to falsification to authorities. Date: O ?O 1. ustin England, Petitioner MONICA ENGLAND, Plaintiff V. DUSTIN ENGLAND, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl NO. 07-5588 CIVIL ACTION- LAW IN CUSTODY CERTIFICATE OF SERVICE I, Dustin England, hereby certify that I served a true and correct copy of the Petition for Modification of Custody Order, by First Class, United States Mail, postage mailed at Carlisle, Pennsylvania, at the address indicated below: Monica England 90 McLand Road Mt. Holly Springs, PA 17065 Alice B. Richards, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Date: July 18, 2012 BY: Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND IN THE COURT OF COMMON PLEAS OF t, l t" PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN --+ MW M ii _ V. _C:) r r- Na "' 2007-5588 CIVIL ACTION LAW CJ I DUSTIN ENGLAND a IN CUSTODY 5; cz DEFENDANT ORDER OF COURT AND NOW, Tuesday, July 24, 2012 upon consideration of the attached Complai t, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the co ciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 24, 2012 at 9:3 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/ Hubert X. Gilroy, 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 sched led 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. ,, f /? y ? I G Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C'o Leila ?o ,- /yla,2"/ FILED-OFFICE F THE PROTHONOTARY 2012 JUL 26 PM 2: 09 CUMBERLAND COUNTY PENNSYLVANIA MARIA P. COGNETI'I & ASSOCIATES A .ICR & W CN AMWA ESQUIRE Attorney I.D. No. 311965 210 Coandv aw Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaiatiff MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVAl V. : NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION -LAW Defendant/Respondent IN CUSTODY AND NOW, comes Plaintiff/Petitioner, Monica England, by and through her Alice B. Richards, Esquire, and files the following Petition for Modification of Custody and in support thereof avers as follows: 1. Plaintiff/Petitioner is Monica England (hereinafter "Mother"), who currently resides at McLand Road, Mt. Holly Springs, PA 17065, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Dustin England (hereinafter "Father"), who currently resides 1358 Centerville Road, Newville, PA 17241. 3. The parties in the action are the natural mother and natural father of one minor Mira D. England, born March 27, 2006. A akin ra 3 ep+ 04 . CD? Of? boa -78491p 4. There is presently an existing Custody Order in this matter, dated January 26, 2009. Order was entered pursuant to an agreement reached by the parties and is attached and is marked as Exhibit "A." 5. Pursuant to said Order, the parties share legal custody of the child, Mother has physical custody of the child, and Father has every Tuesday and Thursday after until the following morning at 8:00 a.m., and on alternating Saturdays from 10:00 until Sunday at 4:00 p.m. 6. Mother believes, and therefore avers, that a modification of the current Order is in best interest of the child for the following reasons: a. The Order lacks essential details including, but not limited to, allocation of transportation burden, exchange details for the holiday schedule, location exchanges, and a right of first refusal provision. As a result, the Order is often subject of disagreement between the parties, and it is nearly impossible to consistency for the child. 7. Based on the foregoing, Mother believes and therefore avers that the current Order should be modified to include the abovementioned, and other, essential details. 8. Mother has attempted to communicate with Father in attempt to reach a agreement regarding the above concerns; however, Father has been wive Mother's attempts. 9. The best interest and permanent welfare of the child would be served by a modificati of the current Custody Order. WHEREFORE, Mother respectfully requests this Honorable Court modify Order of January 26, 2009. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: July 25, 2012 By: ALICE D. RICHARD, I Attorney I.D. No. 311965 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff YOU CATf4N I, Monica England, hereby verify and state that the facts set forth in the foregoing are true and correct to the best of my information, knowledge and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to falsification to authorities. DATE: ?Z' 5 - Monica England ?`t ? / ??_? ?t ?? i JAN ? MONICA ENGLAND, . Plaintiff IN THE. COURT OF COMMON PLEAS OF CUMBERLAND, COUNTY, PENNSYLVANIA VS. DUSTIN ENGLAND, Defendant : CI'YM ACTION -- LAW : No. 07 - 5588 CIVIL . IN CUSTODY QXMT QTR AND NOW, this _ dayoAJ Amju? A /. 2007, upon stipulation by the Parties, it is hemby directed. as follows: 1. Dustin England (hereafter "Father") and. Monica England (hereafter "Mother") shall enjoy shared legal custody of Mira D. England, born Mach 27, 2006. 2. Mother shall have primary physical custody of the child subject to fafixes periods of partial physical custody as follows: a. On each Tuesday and Thursday from when Father will pick the child up at daycare until the following morning when Father shall return the child to Mother by 8:00 a.m. b. On alternating Saturdays when Father picks the child up at 10:00 a.m. until Sunday when Mother drops the child off at 4:00 pan. C. At such other times as agreed. 3. Custody on holidays shall be handled as follows: a. ' For Cluu nnas, the holiday shall be divided into two segments: Segment 'A' shall be from December 24 at noon until December 25 at noon and Segment B' shall be from December 25 at noon until. December 26 at noon. The parties shall alternate custody on those two segments with Fadw to have Segment'A' in even years and Father to have Segment B' in odd years. 21194?7 b. The parties shall work the Thanksgiving'Hohday out themselves with the understanding that it is anticipated Father will celebrate Thanksgiving on the day itself with' Mother celebrating the Thanksgiving Holiday on the weekend. c. Mother shall have custody on Easter Day and New Year Day, Father shall have custody on Memorial Day, July 4 and Labor Day. d. For the child's birthday, the parties shall accommodate a schedule to insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate *the child's birthday with each parent. 4. The parties may alter the above custody schedule as they agree. Absent an agreement, the schedule set forth within shall control. 5. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise said vacation 6. A party taking the child to a location for any overnight period, on vacation or oftrwise, shall advise the other party where that location shall be in advance. 7. Each party shall permit the other to have reasonable telephone contact with the child, wherever the child may be. The parties shall ensure that each has up-to-date telephone contact information and shall make an effort to answer each offim calls and promptly return missed calls. BY THE COURT, cc: Mark F. Bayley, Esquire Dustin &&nd, Pro se TRUE COP' rPn,.M RECORD In Testimonv Whete0f, I hero ur.tc set -my bead 1, Alice B. Richards, Esquire, hereby certify that I served a true and correct copy of foregoing Petition for Modification of Custody Order at the address indicated below: Dustin England 1358 Centerville Road Newville, PA 17241 Personal service via hand delivery _ Service by First Class, United States Mail, postage pre-paid, mailed at Camp Pennsylvania, addressed as indicated above overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & AWICIATES (Jl(J Vti.J Date: July 25, 2012 By: ALICE 19. RICHARM ESQVW Attorney I.D. No. 311965 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant MONICA ENGLAND IN THE COURT OF COMMON PLEAS OF= PLAINTIFF CUMBERLAND COUNTY, PENNSYLV X X V. ? 2007-5588 CIVIL ACTION LAW 3> f DUSTIN ENGLAND . (D IN CUSTODY DEFENDANT ORDER OF COURT N a J'. w cn AND NOW, Wednesday, August 01, 2012 , upon consideration of the attached Compl i -??T1 it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the co ciliator, at 4th Floor, Cumberland Coup Courthouse, Carlisle on Friday, August 24, 2012 at 9: 0 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in d. if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a to 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/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Am( 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 arrangen must be made at least 72 hours prior to any hearing or business before the court. You must attend the sch 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. ? CAgne-f'ff?' /1KSSoC?o?7`?°S ? ?v s ? ? ?n? Lo?/10! .?P4 71 Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 a4 e., %?'1 r- e,f/ es i'W//ec 0/ J//i2 .Ahe ; or i ~ ~ } ' 5, 9 ` V ' , I . MONICA ENGLAND, IN THE COURT OF COMMON PLEAS P~µintilf~ ~TTT~/1RT~~'Ai .nT~vi i~~vTTTTV T7i;?liAvC•~:'i.~v't~i~~i~7 1`TO. n7.55RR DUSTIN ENGLAND, :CIVIL ACTION -LAW Defendant IN CUSTODY PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE, TO "TIIE FROTHONO"fARY: Kindly withdraw my appearance on behalf of Monica England, Plaintiff in tl~.e above-captioned matter. ARIA P. COGNETTI & ASSOCIATES a !~~ ~°~ Date: _~ _~~. ~~.-. By.~ ! ~_~~°~~t~._ 1~. ~`"~°r... ALICE B. RIRDS, ESQUIRE Attorney LD. No. 311965 210 Grandview Avenue, Suite 102 Camp Hill, 1?A 1701.1 Teiepnone ivo. ~ 7 i 7 j 909-=+06U TO THE PROTHONOTARY: Attorney for Plaintiff Kindly enter m.y appearance as pro se, in t1Te above-captioned matter. Date: (;:_ , ~,' ' '~ MONICA ENGLAND; PROSE 90 McLand Road '.VIt. Holly Springs, PA 1 ,7065 MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYWAWA -O3 w --+ V. : NO. 07-5588 zM r DUSTIN ENGLAND, CIVIL ACTION-LAW r- Defendant/Petitioner IN CUSTODY ° -0 EMERGENCY PETITION FOR CUSTODY AND NOW,comes Petitioner, Dustin England, with his Emergency Petition for Custody respectfully avers as follows: 1. Petitioner is Dustin England(hereinafter"Father"),who resides at 1358 Centerville Road, Newville, Pennsylvania 17241. 2. Respondent is Monica England(hereinafter"Mother"),who resides at 90 McLand Road,Mt. Holly Springs, PA 17065. 3. The Parties are the natural parents of the minor child, Mira D. England, born March 27, 2006. 4. On September 19, 2012, the Honorable Judge Ebert entered a Custody Order. Said Order incorporates Order entered on January 26,2009. A copy of that Order is attached as Exhibit "A" 5. On January 26,2009,the Honorable Judge Ebert entered a Custody Order. Said Order was entered pursuant to an agreement reached by the parties. A copy of that Order is attached as Exhibit "B". 6. Father, Dustin D. England, has physical custody on Saturday April 13, 2013 at 10:00 a.m. and ending Sunday April 14, 2013 at 4:00 p.m., and requests an extension by emergency 93 . 00 PCI dW'I- �'as�► �a ylUS- custody order for the following reasons: a. Plaintiff currently resides with her paramour Labronte Shields. Mr. Shields was arrested on April 6, 2013, and is now incarcerated in the Adams County Prison on felony drug charges pending a hearing on April 17,201.3. Mr. Shields has a lengthy criminal background which includes acts of violence and weapons charges. b. Plaintiff also currently resides with Angela Westhafer. Ms. Westhafer has a history of drug use and has been arrested and charged for such use as well. C. Plaintiff allows her paramour to provide childcare for the child and Father fears for child's safety upon paramours release from Adams County Prison. d. Child is often left alone inside the home unattended while Mother,her paramour and friends are outside in the garage for hours smoking and drinking for extended periods of time. e. Respondent also uses disparaging remarks against Petitioner in front of the child. These remarks are then repeated by the 7 year old child to Petitioner who has to defend himself against these allegations. f. Petitioner avers that these actions will continue without immediate Court intervention,and believes the child's physical and emotional well-being is at serious risk. WHEREFORE, Petitioner respectfully requests that this honorable court grant immediate emergency custody of the child Mira D. England until such time as Mother's home will be a safer environment for child, including both paramour and friend no longer residing in the home. Respectfully submitted, Date: April 12, 2013 ,,- Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION- LAW Defendant/Petitioner IN CUSTODY 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. Date: April 12, 2013 Dustin England England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION- LAW Defendant/Petitioner IN CUSTODY CERTIFICATE OF SERVICE 1, Dustin England, hereby certify that I served a true and correct copy of the Emergency Petition upon the following,by facsimile and depositing the same in the United States Mail,postage pre-paid, mailed at Carlisle, Pennsylvania, at the address indicated below: Monica England 90 McLand Road Mt. Holly Springs, PA 17065 Alice B. Richards, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Attorney for Plaintiff Date: April 12, 2013 By: l�- Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV I , v 2007-5588 CIVIL ACTION-LAW ova cn rr DUSTIN ENGLAND, Defendant IN CUSTODY COURT ORDER AND NOW, this 149444 day of September, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties in the above case shall attend co-parenting counseling at Franco Psychological Associates,PC. Any costs of this counseling not paid for by insurance shall be split equally between the parties. 2. The minor child, Mira D. England, born March 27, 2006, shall participate in counseling with George-Etta Anderson. Any costs of this counseling not paid for by insurance shall be split equally between the parties. 3. The parties are directed to proceed with the counseling set forth above in a good faith fashion. In the event at any point any party desires to have this case go back to Conciliation or be scheduled for a hearing, that party may file a request with the Conciliator in writing within six months of the date of this Order. Any requests after six months would be required to be filed in writing in the nature of a Petition to the Court to schedule this case with.the Custody Conciliator again. 4. Pending further Order of this Court,this Court's prior Order of January 26,2009,shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation.Any party proposing to relocate MUST comply with 23 Pa. C.S. §5337. BY THE COURT, Judge CC: Alice B. Richards,Esquire In Testimony whereof, I Here unto set my hand `,1 , Mr. Dustin England and the se of said Cou at C rlisle Pa. Ll 1 � n This�day of ,20 _ t 1'� - Prothonotary y - / mil' MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2007-5588 CIVIL ACTION - LAW DUSTIN ENGLAND, Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. A Conciliation Conference was held in this matter on August 24,2012. It was agreed at that time that counsel for the mother would do some investigation and communicate with the father relative to an agreement on referring this matter to counseling. That agreement has been reached and the Conciliator recommends the entry of an Order in the form as attached. Date: September �°� ,2012 Hubert X. Gilroy, uire Custody Concili or IJAN ? 2Q094�7 MONICA ENGLAND, . : IN THE.COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA CIM ACTION—LAW DUSTINENGLAND, : No. IL 07-5588 CIV Defendant : IN CUSTODY COURT ORDER AND NOW,this dayoA:JA/y1j1 0 2002 upon stipulation by the parties,it is hereby directed as follows: 1. Dustin England(hereafter"Father")and Monica England(hereafter"Mother") shall enj oy shared legal custody of Mira D.England,born March 27,2006. 2. Mother shall have primary physical custody of the child subj eat to Father's periods of partial physical custody as follows: a. On each Tuesday and Thursday from when Father will pick the child up at daycare until the following morning when Father shall return the child to Mother by 8:00 am. b. On alternating Saturdays when Father picks the child up at 10:00 a.m. until Sunday when Mother drops the child off at 4:00 p.m. C. At such other times as agreed 3. Custody on holidays shall be handled as follows: a.' For Christmas,the holiday shall be divided into two segments:Segment 'A'shall be from December 24 at noon until December 25 at noon and Segment'B'shall be from December 25 at noon until December 26 at noon,The parties shall alternate custody on those two segments with Father to have Segment'A'iu even years and Father to have Segment B'in odd years. b. The parties shall work the Thanksgiving'Holiday out themselves with the understanding that it is anticipated Father will celebrate Thanksgiving on the day itself with' Mother celebrating the Thanksgiving Holiday on the weekend. c. Mother shall have custody on Easter Day and New Year Day, Father shall have custody on Memorial Day,July 4 and Labor Day. . d. For the child's birthday,the parties shall accommodate a schedule to . insure that both parents have the child for an evening either the day of the birthday or the day before or day after the birthday to celebrate the child's birthday with each parent. 4. The parties may alter the above custody schedule as they agree.Absent an agreement,the schedule set forth within shalt control. 5. Both parents shall be entitled to at least one week's vacation with the minor child as long as they give the other parent at least sixty days notice as to when they intend to exercise said vacation. 6. A party taking the child to a location for any overnight period,on vacation or otherwise,shall advise the other party where that location shall be in advance. 7. Each party shall permit the other to have reasonable telephone contact with the child,wherever the child may be.The parties shall ensure that each has up-to-date telephone contact information and shall make an effort to answer each others calls and promptly return missed calls. BY TBE COURT, cc: Mark F.Bayley,Esquire TRUE copy raw REICORD Diustin.England,Pro se In Testimony whereof, i he"e ul,ta set-my !mod and 711.fo sai d Co t a Canis , Pa. .. . day o . ,...., .. - P CERTIFICATE OF SERVICE I Alice B. Richards, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition for Modification of Custody Order at the address indicated below: Dustin England 1358 Centerville Road Newville,PA 17241 Sew Personal service via hand delivery X Service by First Class,United States Mail,postage pre-paid,mailed at Camp Hill, Pennsylvania,addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI& ASSOCIATES Date: July 25, 2012 Bye LAA�Vj ALICE .RIC ,ESQUIRE Attorney I.D.No. 311965 210 Grandview Avenue,_ Suite 102 Camp Hill,PA 17011 Telephone No. (717)909-4060 Attorneys for Defendant OF THE PROTHONOTARY 2013 APR 17 AM 9: 59 CUMBERLAND COUNTY COGNETTI&ASSOCIATES PENNSYLVANIA ALICE B.RICHARDS,ESQUIRE Attorney I.D.No. 311965 3304 Market Street Camp Hill, PA 17011 Telephone No. (717)909-4060 Attorneys for Plaintiff MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION—LAW Defendant/Respondent IN CUSTODY ANSWER TO EMERGENCY PETITION FOR CUSTODY AND NOW, comes Plaintiff/Respondent, Monica England, by and through her attorney, Alice B. Richards, Esquire, and files the following Answer to Emergency Petition for Custody, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Paragraph 6 is a prayer for relief to which no responsive pleading is required. Despite this, Mother will respond to each of Father's averments individually: a. Admitted in part and denied in part. It is denied that Mother's paramour resides with her; however, Mother concedes that he often stays at her home. It is denied that Mother's paramour is incarcerated for felony drug charges; however, it is admitted that Mother's paramour is currently incarcerated. It is denied that Mother's paramour has a "lengthy" criminal background which includes acts of violence and weapons charges. In contra, while Mother's paramour was charged with a number of summary offenses and misdemeanors in his youth, many were quashed or dismissed. Mother has the child's best interests at heart and would not allow her paramour to be around the child if she thought he was dangerous. Mother herself would not be with her paramour if she thought he was dangerous. It is Mother's contention that Father's real motive for filing his Petition is both race and child support related. Mother has been in a relationship with her paramour for over eight (8) months, during which Father was aware of his background. If it is determined that Mother's paramour is guilty of any of his charged offenses, Mother has no intention of continuing her relationship with him. It was not until after Mother filed for enforcement of her Child Support Order with the Domestic Relations Office on April 5, 2013, that Father sought to gain emergency custody of the child. As such, Mother contends that Father's Petition and the averments within retaliatory in nature. b. Admitted in part and denied in part. It is denied that Ms. Westhafer resides with Mother; however, Mother concedes that she often stays with her two children at Mother's home. It is admitted that Ms. Westhafer has been charged with a misdemeanor pursuant to 35 § 780-113. Again, Mother only has the child's best interests at heart and would not subject her to dangerous or inappropriate situations. There is no drug use at Mother's home, and the child is shielded from the past actions of the individuals named in Father's Petition. As mentioned previously, Father has been well aware of Ms. Westhafer's presence in Mother's home for many months, and it was not until after Mother filed for enforcement of her Child Support Order with the Domestic Relations Office on April 5, 2013, that Father sought to gain emergency custody of the child. As such, Mother contends that Father's Petition and the averments within retaliatory in nature. c. What Father fears is not within the personal knowledge of Mother and to that extent is denied. Despite this, as mentioned above, Mother has been in a relationship with her paramour for over eight (8) months, during which Father was well aware of his background. Further, if it is determined that Mother's paramour is guilty of any of his charged offenses, Mother has no intention of continuing her relationship with him. As mentioned previously, it was not until after Mother filed for enforcement of her Child Support Order with the Domestic Relations Office on April 5, 2013, that Father sought to gain emergency custody of the child and raised his "concerns"with regard to her paramour. d. Denied. It is denied that the child is often left alone inside the home unattended while Mother, her paramour, and friends are outside in the garage smoking and drinking. The child is always appropriately supervised. Further, to the extent that Mother does smoke and drink, she does so moderately and socially and not in the presence of the child. e. Denied. It is denied that Mother uses disparaging remarks against Father in front of the child. Any negative comments made by the child to Father are made on her own volition based on witnessing Father's actions and negative attitude towards Mother. Further, the child has recently been saying racist slurs without an understanding of what they mean. As mentioned previously, Mother contends that Father's motive is race related, and Mother fears that his views and comments are detrimentally affecting the child. f. Denied. It is denied that Mother is partaking in any action that puts the child's physical and emotional well-being at risk. WHEREFORE, Mother respectfully requests this Honorable Court deny Father's Emergency Petition for Custody and affirm the parties' current Custody Order. Respectfully Submitted: COGNETTI & ASSOCIATES 4&jr �Date: April 16, 2013 By: ALICE B. RIC S, ESQUIRE Attorney I.D. No. 311965 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I,Monica England,hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATE: Monica England CERTIFICATE OF SERVICE I, Alice B. Richards, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer to Emergency Petition for Custody at the address indicated below: Dustin England 1358 Centerville Road Newville, PA 17241 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail COGNETTI & ASSOCIATES Date: April 16, 2013 By: tC'� ALICE B. RICHARDS, ESQUIRE Attorney I.D. No. 311965 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff F iLED-OF FI CE- 0" TNT PRO TNONOTAR':' 1013 APR 17 AM 9: 59 CUPENN3YL ANIANTY MONICA ENGLAND, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5588 DUSTIN ENGLAND, CIVIL ACTION—LAW Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Monica England, Plaintiff in the above-captioned matter. COGNETTI & OCIATES Date: 13 By; ���C' V ALICE B. RIC ARDS, ESQUIRE Attorney I.D. No. 311965 3304 Market Street Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT NO. 07-5588 CIVIL IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 15th day of April, 2013, upon consideration of Dustin England's Pro Se Emergency Petition for Custody; IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon Monica England to show cause why the relief requested should not be granted; 2. Monica England shall file an Answer to the Motion on or before May 3, 2013; 3. A hearing on the matter will be held on Thursday, May 16, 2013, at 1 :45 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ✓ Monica England Mother ,// [7 N - Alice Richards, Esquire Attorney for Mother rri v - //Dustin England, Pro Se Father =o o_ �C Gra bas C MONICA ENGLAND, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT NO. 07-5588 CIVIL IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 4th day of June, 2013, upon consideration of Dustin England's Pro Se Emergency Petition for Custody, Monica England's Answer thereto and after hearing; the Court having verified that Monica England's paramour, Labronte Shields, pled guilty on June 3, 2013, in Adams County to the charges of Criminal Attempt to Commit a Violation of the Controlled Substance, Drug, Device and Cosmetic Act, an ungraded felony, Driving Under the Influence of Drugs and Alcohol, and Driving Under Suspension; IT IS HEREBY ORDERED AND DIRECTED that Dustin England's Pro Se Emergency Petition for Custody is DENIED at this time on condition that Monica England sever all relations with Labronte Shields. Should Monica England fail to comply with this condition, the issue of primary physical custody of the child will be immediately revisited and a new hearing scheduled. IT IS FURTHER ORDERED AND DIRECTED that in the interim, the matter shall be referred to the Custody Conciliator who shall address the necessity for counseling, co-parenting training, appropriate communication methods between the parties, and whether the current Order of January 26, 2009, should be modified. Pending conciliation the Order of January 26, 2009 shall remain in effect. By the Court, M. L. Ebert, Jr., J. Alice Richards, Esquire Attorney for Mother 3304 Market Street Camp Hill, PA 17011 `-1- C= 't ./Dustin England, Pro Se rra Father -�' 1358 Centerville Road Newville, PA 17241 - -z, CI bas F �. -i HE. P RU-! HCS GI ;F\',. MAY 14 PM12: 3 MONICA ENGLAND, : IN THE COURT OF COM4/Ur Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-5588 DUSTIN ENGLAND, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY EMERGENCY PETITION FOR CUSTODY AND NOW, comes Petitioner, Dustin England, with his Emergency Petition for Custody respectfully avers as follows: 1. Petitioner is Dustin England (hereinafter "Father"), who resides at 1358 Centerville Road, Newville, Pennsylvania 17241. 2. Respondent is Monica England (hereinafter "Mother"), who resides at 90 McLand Road, Mt. Holly Springs, PA 17065. 3. The Parties are the natural parents of the minor child, Mira D. England, born March 27, 2006. 4. On June 4, 2013, the Honorable Judge Ebert entered an Order in the matter of an Emergency Petition for Custody. A copy of the Order is attached as Exhibit "A". 5. Father, Dustin D. England, has physical custody on Thursday May 15, 2014 after daycare at 4:30 p.m. and ending Friday May 16, 2014 at 8:00 a.m., and requests an extension by emergency custody order for the following reasons: a. Plaintiff is in violation of the Order of Court dated June 4, 2013. b. Plaintiff continues to have a relationship with paramour Labronte Shields despite the Courts order to sever all relationships with Mr. Shields. -.7..0e) ed. C O %rJac �',ia c. Petitioner avers that these actions will continue without immediate Court intervention, and believes the child's physical and emotional well-being is at serious risk. WHEREFORE, Petitioner respectfully requests that this honorable court grant immediate emergency custody of the child Mira D. England. Date: 5/ 7' G a r y Respectfully submitted, Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.07-5588 DUSTIN ENGLAND, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY 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. Date: S// Y /a ear y Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 07-5588 DUSTIN ENGLAND, : CIVIL ACTION- LAW Defendant/Petitioner : IN CUSTODY CERTIFICATE OF SERVICE I, Dustin England, hereby certify that I served a true and correct copy of the Emergency Petition upon the following, by facsimile and depositing the same in the United States Mail, postage pre -paid, mailed at Carlisle, Pennsylvania, at the address indicated below: Monica England 90 McLand Road Mt. Holly Springs, PA 17065 Alice B. Richards, Esquire 210 Grandview Avenue, Suite_102 Camp Hill, PA 17011 Attorney for Plaintiff Date: SAy/aa r c/ By: Dustin Engl nd 1358 Centerville Road Newville, PA 17241 (717) 385-1043 Petitioner MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT : NO. 07-5588 CIVIL IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 4th day of June, 2013, upon consideration of Dustin England's Pro Se Emergency Petition for Custody, Monica England's Answer thereto and after , hearing; the Court having verified that Monica England's paramour, Labronte Shields, pled guilty on June 3, 2013, in Adams County to the charges of Criminal Attempt to Commit a Violation of the Controlled Substance, Drug, Device and Cosmetic Act, an ungraded felony, Driving Under the Influence of Drugs and Alcohol, and Driving Under Suspension; IT IS HEREBY ORDERED AND DIRECTED that Dustin England's Pro Se Emergency Petition for Custody is DENIED at this time on condition that Monica England sever all relations with Labronte Shields. Should Monica England fail to comply with this condition, the issue of primary physical custody of the child will be -immediately revisited and a new hearing scheduled. IT IS FURTHER ORDERED AND DIRECTED that in the interim, the matter shall be referred to the Custody Conciliator who shall address the necessity for counseling, co -parenting training, appropriate communication methods between the parties, and whether the current Order of January 26, 2009, should be modified. Pending conciliation the Order of January 26, 2009 shall remain in effect. Alice Richards, Esquire Attorney for Mother 3304 Market Street Camp Hill, PA 17011 Dustin England, Pro Se Father 1358 Centerville Road Newville, PA 17241 bas By the Court, TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seg1 of said Cpurt at Carlisle, Pa. Thls &day ofs 20 Li._. Prothonotary Y . IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs No. CIVIL TERM 0 l US 1't E ✓l d CIVIL ACTION - LAW ; ; Defendant IN CUSTODY `ri' _.",,,s., r" i rri ar �7 3a. -" o --C f-" f 11 CRIMINAL RECORD / ABUSE HISTORY VERIFICATION r .c- C) I ` j b c-' (D -rt I, YJcIS fitEAS 1 a v N , hereby swear or affirm, subject to p iesr`SF: law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: ---i CAD .3..> 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 all that apply Crime Self Other Date of Sentence household conviction. member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 fll (relating to criminal homicide) r 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) EE 18 Pa.C.S. §2709.1 IT �l (relating to stalking) IT 18 Pa.C.S. §2901 ❑ n (relating to kidnapping) fl 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 fl (relating to luring a child into a motor vehicle or structure) rT 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 relating to statutory sexual assault) 18 Pa.C.S. §3123 fT ET (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 IT (relating to sexual assault) 18 Pa.C.S. §3125 fl (relating to aggravated indecent assault 18 Pa.C.S. §3126 fl (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 7 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) fl 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders1 18 Pa.C.S. §3301 (relating to arson and related offenses} fl 18 Pa.C.S. §4302 (relating to incest) fl 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) fl 18 Pa.C.S. §4305 (relating to dealing in infant children) fl E r -i 18 Pa.C.S. §5902(b) fl IT (relating to prostitution and related offenses) 7 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) fl 18 Pa.C.S. §6312 fl (relating to sexual abuse of children) _17 18 Pa.C.S. §6318 [7] (relating to unlawful contact with minor) fl 18 Pa.C.S. §6320 (relating to sexual exploitation of childrent fl 23 Pa.C.S. §6114 E (relating to contempt for violation of Protection order or agreement) fl Driving under the influence of drugs or alcohol fl Manufacture, sale, E rT detiverv, 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 all that household apply member ET A finding of abuse by a Children & Youth fl IT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Date 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 party's household has or have a criminal / abuse history, please explain: U verify that the information above is true and correct to the best of my knowledge information or belief. ; understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to uns,orn falsification to authorities. Signature ,` ° Printed Name MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT : NO. 07-5588 CIVIL ORDER OF COURT AND NOW, this 16th day of May, 2014, upon consideration of Dustin England's Pro Se Petition for Emergency Relief; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Monica England to show cause why the relief requested by Dustin England should not be granted. 2. Monica England shall file an Answer to the Petition on or before May 27, 2014. 3. Upon receipt of Monica England's Answer, the Court will determine whether or not a hearing is necessary and if so, where the hearing shall be held. 4. Pending further Order of Court, Father is granted full physical custody of the minor child, Mira D. England, DOB: 3/27/06. By the Court, Alice B. Richards, Esquire Attorney for Mother Monica England Plaintiff -'Z 6,)c-C- ea1)e [ L s«// ,) C71 CD�r, CJI Dustin England Defendant Court Administrator bas OM & LTULAKIS Michelle L. Sommer, Esquire Attorney ID. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 l Wi 1'�V OF THE P `O {O _l.f, . 2art MAY 23 All 9:36 CUMBERLAND COUNTY PENNSYLVANIA MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA v. : NO. 07-5588 DUSTIN ENGLAND, : CIVIL ACTION - LAW Defendant : IN CUSTODY matter. ENTRY OF APPEARANCE Please enter our appearance on behalf of the Plaintiff, Monica England, in the above -captioned Respectfully submitted, Date 2114 Date 5)2,31h ABOM & KUTULAKIS, L.L.P. Michelle L. Somm : , Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 0 Biandon S. O'Donnell, Etsquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 316575 OM& LITULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 '}.„ t v_` L`st��� OF ! v. „ °1. Y' O'THON°T \R V I � 1 NILt VIM 21 Fri lit I CUMBERLAND COUNTY PENNSYLVANIA MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PA - V. : NO. 07-5588 DUSTIN ENGLAND, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY TO THE HONORABLE M. L. EBERT, JR., JUDGE: PLAINTIFF/RESPONENT'S ANSWER TO DEFENDANT/PETITIONER'S EMERGENCY PETITION FOR CUSTODY WITH NEW MATTER AND NOW, comes the Plaintiff/Respondent, Monica England, by and through her attorneys, Michelle L. Sommer, Esquire, and Brandon S. O'Donnell, Esquire, of ABOM & KUTULAKIS, L.L.P., and files the within Answer to the Petition for Emergency Custody answering the following: 1. Admitted. It is specifically admitted that the Petitioner is Dustin England, who resides at 1358 Centerville Road, Newville, Pennsylvania 17241. 2. Admitted. It is specifically admitted that the Respondent Monica England, who resides at 90 McLand Road, Mt. Holly Springs, Pennsylvania 17065. 3. Admitted. It is specifically admitted that the parties are the natural parents of the minor child, Mira D. England, born March 27, 2006. 4. Admitted. It is specifically admitted that the Honorable Judge Ebert entered an Order in the matter. 5. Admitted in part. It is specifically admitted that Father has physical custody on Thursday, May 15, 2014, after daycare at 4:30 p.m. and ending on Friday, May 16, 2014 at 8:00 a.m. a. Admitted with clarification. It is specifically admitted that Plaintiff is in violation of the Order of Court dated Jude 4, 2013, by having contact with Labronte Shields. By way of further answer, Labronte Shields is in the process of scheduling a 5329 Evaluation in order to determine if valid reasons exist as to why he cannot be around the child. b. Admitted with clarification. It is specifically admitted that Plaintiff continues to have a relationship with paramour Labronte Shields despite the Courts order to sever all ties with Mr. Shields. By way of further answer, Plaintiff feels that if Mr. Shields can get clearance from an evaluator to show that he is not a danger to the Child, the portion of the Court's Order requiring Plaintiff to sever all ties should be modified. Labronte Shields in order to determine if valid reasons exist as to why he cannot be around the child. c. No response necessary as Respondent cannot speak as to what the Petitioner believes. To the extent a response is deemed appropriate, it is denied that the child's physical and emotional well-being is at serious risk. NEW MATTER 6. The previous paragraphs are hereby incorporated by reference as if set forth in full. 7. Petitioner, Dustin England, while attempting to seek emergency custody because he feared for the child's physical and emotional well-being, did not take "emergency custody" until Tuesday, May 20, 2014 even though the Order was issued four (4) days earlier. 8. Petitioner, Dustin England, has a history of attempting to gain the affections of Mother to take him back unsuccessfully and it is believed and therefore averred that this is an attempt to harass Mother, attempt to convince her to get back together with Father, and as an attempt to exercise control over Mother. 9. It is believed and therefore averred that Petitioner does not seriously fear the child's physical and emotional well-being. a. On May 22, 2014, Father told Mother he was going to let the Child spend the night at Mother's residence with her. b. Father did not exercise his "emergency custody" until Tuesday, May 20, 2014. c. Father never followed through in calling Franco Psychological Associates, PC. For Co - Parent Counseling sessions as ordered in the Order of Court dated September 19, 2012. i. However, Mother called Franco Psychological Associates to set up initial appointments more than one time, but was told Father also needed to call in to set up his appointment but as of today he refused to do so per the Order of Court. 10. Father currently will not let Mother speak to the child on the telephone. 11. Mother's paramour, Labronte Shields, does not currently live with Mother. 12. Mother's paramour is currently living in Philadelphia, Pennsylvania and has been living there since January 2014, only visiting Mother occasionally when he is in town visiting his family. 13. Mother's paramour, Labronte Shields, currently is in the process of scheduling a 5329 evaluation in order to determine if he would be a danger to the child. WHEREFORE, the Respondent respectfully requests this Honorable Court dismiss the Petition for Emergency Custody and reinstate the original custody order providing. Mother with Primary Physical Custody of the child. Date S1114114' Respectfully submitted, ABOM & KUT,ULA S, L.L.P. Michelle L. Som ' er, Esquire 2 West High Str-et Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 CERTIFICATE OF SERVICE AND NOW, this 27th day of May, 2014, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, LLP, hereby certify that I served the foregoing ANSWER TO EMERGENCY PETITION FOR CUSTODY WITH NEW MATTER by First Class Mail addressed to the following: Dustin England 1358 Centerville Road Newville, PA 17241 Pro Se Petitioner Respectfully submitted, ABOM & KUTULAKIS, LLP Michelle L. SommeJr, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney I.D. # 93034 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT : NO. 07-5588 CIVIL ORDER OF COURT AND NOW, this 3rd day of June, 2014, upon consideration of Dustin England's Petition for Emergency Relief, Monica England's Response thereto in which she had admitted that she has violated this Court's Order of June 4, 2013, and the Court noting that there is an outstanding Bench Warrant for Monica England's paramour, Labronte Shields, in Adams County, Pennsylvania for failure to appear for sentencing on Driving Under the Influence and Driving While Operating Privileges are Suspended or Revoked; IT IS HEREBY ORDERED AND DIRECTED that pending further Order of Court, Father is granted full custody of the minor child, Mira D. England, dob: 3/27/06. The case shall be set down for hearing before Custody Conciliator Hubert Gilroy, Esquire on Monday, June 16, 2014, at 8:30 a.m. on the 4t" Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. -Michelle L. Sommer, Esquire Attorney for Mother E/Dustin England Defendant Hubert X. Gilroy, Esquire Custody Conciliator r L L(0I,1114 bas By the Court, MONICA ENGLAND, Plaintiff v DUSTIN ENGLAND, Defendant PRIOR JUDGE: M.L. Ebert, Jr. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA __. 2007-5588 CIVIL ACTION - LAWo rn c cn r ...._ r.. %.rJ : IN CUSTODY COURT ORDER E) • AND NOW, this 1 e " day of June, 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room MIS of the Cumberland County Courthouse n on the day of�i U , 2014 at `�. oft.m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. The parties and counsel are directed to file a memorandum with the Court at least five days prior to the mentioned hearing date consistent with Pennsylvania Rule Of Civil Procedure 1915.4- 4. 2. Pending further Order of this Court, the Court's prior Orders giving father primary physical custody shall remain in place. The mother shall have partial physical custody of the minor child pending the hearing as follows: A. Every Friday from 7:00 a.m. until 6:00 p.m. and every Sunday from 8:00 a.m. until 6:00 p.m. B. Each Monday and Wednesday evening from 5:00 until 8:00 p.m. , with the mother handling transportation for exchange of custody on weekday visitation. On weekends, mother will pick up the child in the morning and father will pick the child up at the end of the day. C. It is also understood that father will cooperate in providing Custody of the minor child to the mother starting at approximately 10:30 on June 16 and the mother may keep the child in her custody overnight for a few days conditioned upon the fact that the maternal grandmother shall be present with the mother and the child during this period of custody. The parties shall work out between themselves when the mother shall return the child to the father which shall be on Wednesday, June 18, at 6:00 p.m. unless the parties agree otherwise. D. In addition to the above, the mother shall enjoy reasonable telephone contact with the minor child when she is in the custody of the father, and the father shall enjoy reasonable telephone contact with the minor child when she is in the custody of the mother. 3. The Court appoints Marylou Matas, Esquire as attorney for the minor child conditioned upon mother incurring the expenses for that attorney. Both parties are directed to cooperate with Attorney Matas in connection with this matter to insure the minor child is made available to the attorney, and the child's attorney may file an appropriate report with the Court and the Custody Conciliator. The Custody Conciliator will make further recommendation to the Court as to whether the child's attorney needs to be involved in the hearing scheduled above. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. cc: elle L. Sommer, Esquire Dustin England -Marylou Matas, Esquire Cd -i'€ L.ig fiy BY THE COURT, C--()''\ M.L. Ebert, Jr., Judge MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2007-5588 CIVIL ACTION - LAW DUSTIN ENGLAND, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE 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 child who is the subject of this litigation is as follows: Mira D. England, born March 27, 2006. 2. A Conciliation Conference was held on June 16, 2014, with the following individuals in attendance: The mother, Monica England, with her counsel, Michelle L. Sommer, Esquire, and the father, Dustin England, who appeared pro se. 3. Father filed an emergency petition for custody on May 14, 2014, suggesting that the mother had violated a prior Order of Court that prohibited mother from being involved with a gentleman by the name of Labronte Shields. Judge Ebert entered an Order May 16, 2014, directing that mother show cause as to why the requested relief should not be granted and pending the answer awarded full physical custody to the father. The mother filed a response to the petition on May 27, 2014, after which Judge Ebert issued an Order of June 3, 2014, referring this matter to the Conciliator and, at the same time, continuing the prior Order granting father primary custody. 4. Father is seeking primary custody at this time. The prior arrangement was the mother having primary custody. Father expresses concerns about the mother leaving the area with the child and the mother exposing the child again to Mr. Shields. a 'at 5. The information the Conciliator gained at the Conference was that the mother has been living in the Carlisle area since 1995, has worked at her current employment for at least ten years, owns a home with a mortgage but has no family in the area. Her family resides in Bedford County Pennsylvania. Although the mother may have sent the father some texts suggesting she may relocate from this area if she does not have primary custdoy, the Conciliator is not impressed with any claim that the mother is going to take the child and leave the area in violation of the Order. 6. The issue concerning Mr. Shields is much more problematic. The Court specifically directed the mother not to have any involvement with him after a hearing in June of 2013 and it is clear that the mother ignored that directive. Whether that misstep by the mother merits the father gaining primary custody is an issue which will need to be determined after a hearing. However, since the mother has had primary custody for a long period of time, and based upon some of the other information outlined above and gained by the Conciliator at the Conference, the Conciliator feels there needs to be some type of set Order giving the mother some custody pending a hearing. The father has made proposals to the mother for custody since the Judge granted the father custody, but the father has been putting limitations on that with the custody taking place at the father's home, in a park or otherwise. The Conciliator does not see any specific reason why the mother should not be able to take the child to her home, but the Conciliator is not willing to make the jump of any type of unsupervised overnight pending the hearing. 7. The Conciliator recommends the entry of an Order in the form as attached. Date: June /17 , 2014 Al4 Hubert X. Gilroy squire Custody Conc9i for MONICA ENGLAND, Plaintiff vs. DUSTIN ENGLAND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-5588 CIVIL ACTION— : IN CUSTODY : ASSIGNED JUDGE: rri EDWARD E. G 1 O c-7 C) �.a PETITION FOR CONTINUANCE AND NOW comes Petitioner, Bradley L Griffie, Esquire, and the law firm of Griffie and Associates, P.C., and petitions the court as follows: 1. Petitioner is now attorney of record for the above named defendant, Dustin England, (hereinafter`Fathef). 2. The above named plaintiff, Monica England (hereinafter`Mothef) is represented in these proceedings by Michelle Sommer, Esquire, Abom & Kutulakis, 2 West High Street, Carlisle, Pennsylvania. 3. Based upon the filing of a Petition for Special Relief, the result of which an Order of Court is entered providing Father with primary physical custody of the child, Myra D. England, born March 27, 2006, a hearing was scheduled for August 4, 2014 at 9:30 a.m. before the Honorable Edward E Guido. 4. In all prior proceedings Father has been pro se and attempted to represent himself relevant to a variety of custody proceedings. 5. With the current hearing scheduled for August 4, and as he attempted to prepare for the hearing, Father found that he would be unable to adequately represent himself in these proceedings and chose to secure private counsel. —4 CT {_._D 6. Petitioner has been requested to serve as private counsel, for Father in the pending proceedings. 7. Petitioner has a vacation that has been planned for an extended period of time during the week of August 4, and therefore, is unable to attend the hearing as scheduled with Father. 8. Father had counseled with your petitioner over one year ago on this matter and has now confirmed that he wishes petitioner to represent him in this proceeding. Petitioner has contacted opposing counsel she has indicated she either does not concur with this request for continuance. 9. There has been no previous request for continuance. 10. Petitioner believes that the hearing, which is currently scheduled to last for 2 1/2 hours, will not be able to be completed in that period of time and requests that the hearing should be scheduled for a full day. 11. Petitioner is unavailable during the week of August 4 through August 8, and on August 11th, 12th, and 14th. Otherwise Petitioner's schedule currently reflects availability, and Defendant is believed to be available throughout the remainder of the month of August and throughout September 2014. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in this matter. Respectfully Submitted, -�s riffle, Esquire ornei for Defendant Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 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 falsifications to authorities. DATE: 7 I to 1/ 40010&igtr.-Alllir Y . GRIFFIE MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-558.8 CIVIL ACTION—LAW DUSTIN ENGLAND, : IN CUSTODY Defendant : ASSIGNED JUDGE: EDWARD E. GUIDO CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the J day of July, 2014, cause a copy of Defendanfs Petition for Continuance to be served upon Plaintiff by serving her attorney of record, Michelle L. Sommer, Esquire, by first-class mail, postage prepaid at the following address: DATE: 7 / t v / i Michelle L. Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 ey L. Griffie, Esquire ----Attorney for Defendant GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DUSTIN ENGLAND, DEFENDANT : NO. 07-5588 CIVIL .10 AND NOW, thiID s"' day of July, 2014, upon consideration of Dustin England's , ORDER OF COURT Petition for Continuance, IT IS HEREBY ORDERED AND DIRECTED that the hearing previously scheduled for August 4, 2014, in Courtroom No. 3 is continued to Monday, September 15, 2014, at 9:00 a.m. Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that the provisions of the June 18, 2014, Order of Court shall remain in full force and effect pending hearing. By the Court, * Michelle L. Sommer, Esquire Attorney for Mother Bradley Griffie, Esquire Attorney for Father bas co a eS #12.1P 7/i4/i' MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-5588 CIVIL ACTION — LAW DUSTIN ENGLAND, : IN CUSTODY Defendant PETITION FOR CONTINUANCE AND NOW comes Petitioner, Bradley L Griffie, Esquire, and the law firm of Griffie and Associates, P.C., and petitions the court as follows: 1. Petitioner is attorney of record for the above named Defendant, Dustin England, (hereinafter "Father"). 2. Petitioner filed a petition for continuance of a hearing previously scheduled in this matter, which resulted in the entry of an Order scheduling the hearing in this matter for September 15, 2014 at 9:00 a.m. 3. Petitioner is already scheduled for a custody hearing in Courtroom Number 6 of the Cumberland County Courthouse to begin at 9:30 a.m. on Monday, September 15, 2014. 4. Petitioner coordinated with the Court and the office of opposing counsel, Michelle Sommer Esquire to reschedule this matter to a date convenient to the Court and both counsels' schedules. 5. The date set by the court, which is convenient to both counsel's schedule, is Monday, October 6, 2014 to begin at 9:00 a.m. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing previously set for Monday, September 15, 2014 to Monday, October 6, 2014 to begin at 9:00 a.m. Respectfully Submitted, Griffie, Esquire ney for Defendant Supreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 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 falsifications to authorities. DATE: 7 /..1 t F 1 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-5588 CIVIL ACTION — LAW DUSTIN ENGLAND, : IN CUSTODY Defendant : ASSIGNED JUDGE: EDWARD E. GUIDO CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the l"Cr day of July, 2014, cause a copy of Defendant's Petition for Continuance to be served upon Plaintiff by serving her attorney of record, Michelle L. Sommer, Esquire, by facsimile and first-class mail, postage prepaid at the following address: DATE: 411/11 Michelle L. Sommer, Esquire Abom & Kutulakis 2 West High Street Carlisle, PA 17013 Facsimile: 717-249-3344 G fie, Esquire Attorney or Defendant GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-5588 CIVIL ACTION — LAW DUSTIN ENGLAND, : IN CUSTODY Defendant : ASSIGNED JUDGE: M. L. EBERT, JR. ORDER OF COURT AND NOW this 42 day of July, 2014, upon presentation and consideration of the within Petition for Continuance, the hearing previously scheduled in this matter for Monday, September 15, 2014 to begin at 9:00 a.m. in Courtroom Number 3 of the Cumberland County Courthouse Carlisle Pennsylvania is continued to Monday the October 6, 2014 at 9:00 a.m. in Courtroom Number ,of the Cumberland County Courthouse. All other provisions in our prior order of June 18, 2014 shall remain in full force and effect pending the hearing By the Court, M.L. Ebert, Jr., Judge Cc: "Michelle L. Sommer, Esquire Attorney for Plaintiff Bradley L. Griffie, Esquire Attorney for Defendant Cq)ies /12414.1cf-L 1/22M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1ln/qui( --El/Lyw,1 Plaintiff Vs : File No. i9007-- 6 5 88 71-34A tqfund IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated - a3A hereby elects to resume the prior surname ofs , and gives this written notice avowing his / her intention pursuant to tho.,provisions of 54P P.S. 704. Date: 1-1L1 r1 . Signature 4 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) On the / day of Auyi-5-t Signature of name being resumed , 20i11{, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. 13 a) /pd. - 3o9'?�� ge-i( Prothonotary or Notary Public Prothonotary, Cumberland County, Carlisle, PA My Cafnmission Expires the First Monday of Jan: 2818 - MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-5588 CIVIL ACTION — LAW DUSTIN ENGLAND, : IN CUSTODY Defendant : ASSIGNED JUDGE: M. L. EBERT, JR. ORDER OF COURT AND NOW, this 7th day of October, 2014, upon agreement of the parties reached at the time of the scheduled hearing in this matter, the following temporary Order is hereby entered, as follows: 1. Dustin England (hereinafter "Father") and Monica England (hereinafter "Mother") shall enjoy shared legal custody of Mira D. England, born March 27, 2006. 2. Father shall have primary physical custody of Mira, subject to Mother's periods of partial physical custody, as follows: A. On each Monday and Wednesday from 5:00 p.m. until 8:00 p.m., with Mother securing custody of the child at 5:00 p.m. and returning the child to Father's residence at 8:00 p.m.; B. On alternating weekends from after school or 5:00 p.m. on Friday until 7:00 p.m. on Sunday, with Mother securing custody of the child on Fridays, either at school or at the child care provider, and Father securing custody of the child from Mother's residence at 7:00 p.m. on Sunday; C. At other times as the parties may agree. 3. In the event the child does not have school on the Friday when it is Mother's weekend for custody, Mother may secure custody of the child at 7:00 a.m. on that Friday by securing custody of the child from Father's residence at that time. b 4. Mother's contact and periods of custody with the child on alternating weekends as described above, and for holiday periods as hereinafter described, shall be supervised by Catherine Adams, the child's maternal grandmother. Supervision shall be accomplished by grandmother traveling to Mother's home to provide supervision, or, in the alternative, by Mother traveling to grandmother's home, so grandmother may provide supervision at her home. 5. Mother's periods of alternating weekend physical custody shall begin on Friday, October 17, 2014, and continue on an alternating week basis until modified in writing by the parties or by entry of an Order modifying the terms of this Order. Father's first weekend of custody shall begin on Friday, October 10, 2014. 6. For Thanksgiving 2014, Father shall have custody of the child for Thanksgiving Day and Mother shall have custody of the child beginning on Friday morning, November 28, 2014, at 7:00 a.m. until 7:00 p.m. on Sunday, November 30, 2014. 7. For Christmas 2014, Father shall have custody of the child beginning at 8:00 p.m. on December 22 until 12:00 Noon on December 25th, and Mother shall have custody of the child from 12:00 noon on December 25th until 7:00 p.m. on December 30tH 8. Under no circumstances may the child have contact of any nature whatsoever with Labronte Shields or Jarren Shields. Should Mother permit the child to have contact with either of these individuals, this Order shall be immediately vacated, without further action by this Court, and the custody provisions of the Order of June 18, 2014, shall be reinstated. 9. Mother shall immediately engage in counseling to secure assistance in understanding the adverse effects of her relationship with Labronte Shields and Jarren Shields on the child, and the need to maintain relationships that will not jeopardize the child's safety. Mother shall execute all necessary documents to allow her legal counsel, Father's legal counsel and the guardian ad litem to have contact and interaction with the counselor, including submitting information and documentation to the counselor, as well as having detailed conversation with the counselor, thereby releasing the counselor to discuss, in detail, the counseling associated with this provision of the Order. 10. The parties shall engage the child in counseling with Georgie Anderson. Father shall initiate contact with the counselor and shall schedule the first appointment for the child. For all for future appointments with the child, the parents shall cooperate with the child's counselor, as to who should schedule the appointments, who is in attendance at the time of the appointments, and their degree of involvement in the counseling. Any uninsured expenses associated with the child's counseling shall be borne equally by the parties. Further, the parties shall execute any documents necessary to allow the child's counselor to speak with the parties' respective legal counsel and with the guardian ad litem. 11. Each party shall enjoy reasonable telephone contact with the child when the child is in the other party's custody. 12. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custody rights to the child consent to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa.C.S. section 5337. 13. The hearing scheduled for Monday, October 6, 2014, at 10:00 a.m., is hereby continued to Thursday, January 8, 2014 at 9:00 a.m. in Courtroom Number 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, M. L. Ebert, Jr., Judge cc: helle L. Sommer, Esquire ley L. Griffie, Esquire arylou Matas, Esquire es oat a ppif MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PA v. : NO. 2007-5588 DUSTIN ENGLAND, : CIVIL ACTION - LAW Defendant/Petitioner : IN CUSTODY TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Pursuant to Pa.R.C.P. 1930.8, please withdraw my appearance on behalf of the Plaintiff, Monica England, in the above -captioned matter. Respectfully submitted, AsOM & KUTULAKIS, L.L.P. DA1E 111.04' Michelle L. Sommer .' squire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID # 93034 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Monica England, in the above - captioned matter. Respectfully submitted, DAH /0 0-30 -/ iTterYliCa Monica England 90 McLand Road Mt. Holly Springs, PA 17065 (717) 385-4800 Pro Se Defendant MONICA ENGLAND, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2007-5588 CIVIL ACTION — LAW DUSTIN ENGLAND, : IN CUSTODY Defendant : ASSIGNED JUDGE: M. L. EBERT, JR. TO THE PROTHONOTARY: PRAECIPE WITHDRAWAL OF APPEARANCE add SZ N) Please WithdraW y appearance on behalf of the Defendant:in the Above-captloned matter. Date: h Date: Respectfully submitted, Griffie, Esquire eme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 ENTRY OF APPEARANCE Please enter my appearance representing myself, Pro Se, in the above -captioned matter. Respectfully submitted, Dustin England 1358 Centerville Road Newville, PA 17241 (717) 385-1043