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Home My WebLink About94-00177 , ' SCOTT ENGLEBRIGHT, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUM~ERLAND COUNTY, PENNSYLVANIA . . tM,c.iLI11'f . v. . NO. IT7 . . . RACHEL E. HOOD, . CIVIL ACTION - CUSTODY . Defendant . . ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilrov. Esauire, the Conciliator, on the ~ day of Januarv, liii, at 9:30 a.m., in the Attorney's Conference Room, 4th Floor, CUmberland County Courthouse, Square, Carlisle, Pennsylvania, 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'd",TempOrary Order. All children aqe five and older III also be Dresent at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. Date of order:_I-I.J'/LI YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 -.' SCOTT ENGLEBRIGHT, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - CUSTODY v. RACHEL E. HOOD, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is SCOTT ENGLEBRIGHT, residing at 30 Stephen Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is RACHEL E. HOOD, whose last known address was 30 Stephen Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania. 3. The Plaintiff seeks partial custody and visitation of the following children: lWm PRESENT RESIDENCE 30 Stephen Road Apartment 2-D Camp Hill, PA 17011 DATE OF BIRTH Kenneth S. Hood 9/3/90 Jacob D. Englebright Nicolas R. Englebright 30 Stephen Road Apartment 2-D Camp Hill, PA 17011 30 Stephen Road Apartment 2-D Camp Hill, PA 17011 12/23/91 ~ 8/8/93 The children, Kenneth S. Hood, Jacob D. Englebright and Nicholas R. Englebright, were born out of wedlock. The children are presently in the custody of Rachel E. Hood, whose presence is unknown but, is believed to be in a shelter operated by the YWCA, in Harrisburg, Dauphin county, Pennsylvania. During the past five (5) years, the children had resided with the following persons and at the following addresses: (LIST ALL PERSONS) Scott Englebright Rachel Hood, and Joseph A. Englebright Thomas Englebright, Scott Englebright, Joseph A. Englebright, Kenneth Hood, Rachel Hood, and Bryan Gardner (LIST ALL ADDRESSES) 13263 Venice Blvd. Venice, California (DATES) 5/90 to 5/91 250 Enola Drive Enola, PA 5/91 to 6/91 2 Scott Englebright, 30 Stephen Road Rachel Hood, Joseph Apartment 2-D Englebright, Kenneth Camp Hill, PA 17011 Hood, Jacob Englebright, Nicolas Englebright 6/91 to Present The mother of the children is Rachel E. Hood, whose presence is unknown but, is believed to be in a shelter operated by the YWCA in Harrisburg, Dauphin County, Pennsylvania. She is divorced. The father of the children is SCOTT ENGLEBRIGHT, currently residing at 30 Stephen Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania. He is married. 4. The relationship of Plaintiff to the children, Kenneth S. Hood, Jacob D. Englebright and Nicolas R. Englebright, is natural father. resides with the following persons: The Plaintiff currently HAmi RELATIONSHIP Joseph Englebright Son 5. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: 3 lWm Kenneth S. Hood Jacob D. Englebright Nicolas R. Englebright RELATIONSHIP Son Son Son 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another Court. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because Defendant is an alcoholic and substance abuser who, in the past, has lost custody of her minor son, Kenneth Hood, at birth due to his fetal amphetamine addition. 4 Moreover, Defendant is the natural mother of three (3) other children who are in foster care. plaintiff obtained custody guardianship of his son, Kenneth Hood, as a result of the child's fetal amphetamine addition. The condition of the guardianship was that if Rachel Hood remained in the home she had to attend out-patient rehabilitation and at no time could she be solely in the custody of the child. As a result of Defendant's failure to participate in the out- patient counseling, california authorities advised Plaintiff that Defendant had to be removed from his guardianship. In response, Plaintiff and Defendant removed themselves to the Commonwealth of Pennsylvania. Defendant continues to abuse alcohol and refuses to participate in rehabilitation and has no gainful employment. Further, the children view the Plaintiff as a source of stability, a source of love, and a source of emotional support. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children have been given notice of the pendency of this action and the right to intervene: None. 5 WHEREFORE, Plaintiff requests the Court to grant custody of the children. Respectfully submitted, Date: 1;:3;?~ I I . CUnn ngham, ESqu re 3144 20 North Second Street P. O. Box 1855 Harrisburg, PA 17105-1855 Telephone: (717) 238-6570 (Attorneys for Plaintiff) 6 . : - j,t;.~: . . VERIFICATION I, SCOTT ENGLEBRIGHT, verify that the statements made in the foregoing Complaint for custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 14904, relating to unsworn falsification to authorities. ~ SCOTT ENGLEBRIGHT ~--.J Date: -:\'~'t--\ . \":). \ '11 '-{ ~ , r- ;t :t- to-- t~ ~ N") r- ...slo . <"'1( ~ ~ * 1\ . r ;sr; ~ J ~ ~ J ~... - ...... ~ '" iE ..."" LtJ(.. :::J~! 'Q e, uzc"z ~ lQ ... ;;:0(.)"'1 ~ an .",%'0-':- Vi rl t-:!:.-' ~ ' \."'...1>- ., ~ All" ..,.. .: c.. :.1...1: d \tJZ ~ ~ ~ ~. ',J -nW '-~xn. ... I"'~ ... -., 0 o - - ,... . - ~Iii$ _W~ ~~~ ~o CJC~ zzz, -Sz z w ~Wa.. ~ (,) CI) - _ . CJ ... allZa: ...... a:~:J ~FJ! ~ ~ 8' ~ e 1! .. ~ w .. -e .8 ~ e - ,!I " -e 1l ,eo ia 'E ... II c .. f ';' .e 'c ~ " I ~ ~ .. - w e - w " < ~ ... ~ FARR & CUNNINGHAM, P,C. I ,,'_ ,JAN 13 199~ ,\ ~-, . ,. . . , , ' JAN 2 G 1994 r .~ SCOTT C. ENGLEBRIGHT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V . . :NO. 177 - CIVIL - 1994 . . RACHEL E. HOOD, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, thiB ~ day of January, 1994, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Courtroom No. r of the Cumberland County Courthouse on the '7rA, day of -<4'.kl<-<'Vi';;J.;, 1994 at SO' ;./, Q .m. at which time test~mony will be taken in the above custody case. At this Hearing, the Father Scott C. Englebright shall be the moving party and shall proceed initially with testimony. The parties through their legal counselor on their own shall file with the Court a memorandum setting forth each party's position on custody and also setting forth a list of witnesses that will testify at the Hearing along with a summary of each witnesses' anticipated testimony. This memorandum shall be filed with the Court and the opposing counselor party at leaBt ten days prior to the Hearing date. 2. Pending further order of this Court, the Father, Scott C. Englebright and the Mother, Rachel E. Hood, shall have shared legal custody of Kenneth S. Hood, born September 3, 1990, Jacob D. Englebright, born December 23, 1991, and Nicolas R. Englebright, born August 7, 1993. 3. Physical custody of the minor children shall be handled as follows: A. The Father shall have physical custody of the minor children on every weekend from Friday at 5:00 p.m. until Monday at 7:30 a.m. B. The Mother shall have physical custody of the minor children from Monday at 7:30 a.m. until Friday at 5:00 p.m. C. The parties may alter this Bchedule as they may agree. 4. Exchange of custody pending the Hearing shall be accomplished with the Father picking the children up and delivering the J~H Z1 IU 54 ~K 19i1 , ". ,,:iH')t: Of lrl;, 'i .,;7,iO}t'17AftY lJUlli'.:i_,.,0 C"1.'~TY P! !,~.;.tL,..:."li ! i I . . . children at the exchange of custody times. Mother shall make arrangements to insure that the children are available and that the Father is aware as to where the children are located for him to pick the children up and shall also make the Father aware of the location for the children to be dropped off to the Mother . BY THE COURT, --d. u,~~ ?it:. /. cc: Paige F. MacDonald, Esquire Rachel E. Hood Seema Z. Zaya, Esquire - (\~~.c. Ij).'1/q.,.. -U ,A. f ' ~ Y>1cu. t.O~<N?~ -~1(J...CXt-u.' ,109 719</ ~w......:.... 1"'7"'--' l/l,..:G/""';d (Cb-<<-'-C7if ~~) 11'>7/1,/ , , r"'" - -~.~....,..,- SCOTT C. ENGLEBRIGHT, Plaintiff :IN THE COU.~ ~~ COMMON PLEAS OF :CUMBERLAND COUN~Y, PENNSYLVANIA : :NO. 177 - CIVIL - 1994 : V RACHEL E. HOOD, Defendant . . :CIVIL ACTION - CUSTODY NO PRIOR JUDGE ASSIGNED: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19154.3-8(B), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kenneth S. Hood, born September 3, 1990, Jacob D. Englebright, born December 23, 1991, and Nicolas R. Englebright, born August 7, 1993. 2. A Conciliation Conference was held on January 26, 1994, with the following individuals in attendance: The Father, Scott E. Englebright, who appeared with his counsel, Paige F. MacDonald, Esquire, and the Mother, Rachel E. Hood, who did not have legal counsel. 3. The Mother is currently represented by Legal Services in Harrisburg. There is a Protection from Abuse case pending in Dauphin County which the Mother has filed. The Conciliator spoke with the Attorney for the Mother who is representing the Mother on the PFA matter. The PFA Petition does not allege abuse against the minor children. 4. The parties were living together until January of 1994, at which time the Mother left the marital residence and moved to a shelter in Dauphin County. Prior to that time, the parties lived in Camp Hill for at least three years. The parties lived together with the minor children. 5. Father has been working steadily over the past few years. When Father was working, Mother was the primary caregiver for the minor children. Mother has had a sporadic employment history. . . . ' 6. Father suggests that Mother has an alcohol and drug problem and that she is not capable of taking care of the minor children. Mother suggests that Father is abusive towards her and also suggests that Father in the past has not shown any attention or care for the minor children. 7. The parties could not reach an agreement and a hearing is necessary. It is estimated that a hearing would last no more than one day. 8. An interim Order is necessary. The Father has not seen the minor children since the Mother left the marital household. It appears the Father is able to care for the minor childrenr but it also appears that the Mother was providing care for the children when the parties were living together and the Father was working. Pending a formal Order of Court after a hearing, the Conciliator recommends that the Father have custody of the children on the weekends when he is not working and the Mother have custody during the week. 9. The Conciliator recommends an Order in the form as attached. I/~/./t/I,t ~ re .......:.wr;.:,.. .. , . SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Scott Englebright In the Court of Common Pleas of Cumberland County. Pennsylvnaia No. 177 Civil 1994 Order of Court. Civil Action Custody Complaint For Custody VS Rachel E. Hood R. THOMAS KLINE. Sheriff. who being duly sworn according to law. says. that he made diligent search and inquiry for the within named defendant. to wit: Rachel E. Hood but was unable to locate her in his bailiwick. He therefore deputized the sheriff of Dauphin County. Pennsylvania. to serve the within Order of Court. Civil Action Custody Complaint For Custody On Janaury 19. 1994 . this office was in receipt of the attached return from Dauphin County. Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Dauphin County So answers: Sworn and subscribed to 14.00 5.00 /~ 2.00 ! 17.50 R. $ 38.50 pd betWrEfl~ 1-19-94 i....- ~, ~. ~~.: / ,./ THOMAS KLINE. Sheriff this net 19 'ill day of ,-.J~_"~I ; . A.D. ':'-)"1'~ () )lLr'r~ ,A..Y..p~ . Prothonotary '. 4 COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 177 Civil 1994 PAGE 355 AND NOW: January 14, 1994 ,at 9:04 AM. SERVED THE UPON WITHIN nRnF.R OF r.Otm1' nT~1YlnV rnMPT.ATT\1'T' Rachel E, Hood BY PERSONALLY HANDING TO Rachel E. Hood A TRUE ATTESTED COpy OF THE ORIGINAL ORDER OF COURT CUSTODY COMPLAINr AND MAKING KNOWN TO Her THE CONTENTS THEREOF AT her residence, Yl~ Shelter, 215 Harket St., Harrisburg, Dauphin County, Penna. SO ANSWERS . '_ . -. . 4l r-7[.. \ ~1;;t2~"';'?f. ~""M~/.\J..<~.. SHERIFF OF DAUPHIN COUNTY, PENNA BY ~LJ~ /-/- DEPUTY SHERIFF Sworn and sUBcribed to bj: ~ lbl. ''2-. d~~ 19 " tIf!:.:::.OTARY SHERIFF'S COST $ SolA .__..J....._ 1 _t C . C ~I · .. I d ... ~ I"'':' OUI"T" or -mm~~.... .=.....r:: ~r ' ".p "--_:.~'l"""" I .",.-.,,\/ I'.' ,1"_ -" a.. ...", . .--- - .....,..-.-.. .-,.. """""""'1 I ?snr:syl'lc:r:i :: Scott Englebright 'is. ----. :~-~ Rachel E. Hood :-fo. 177 Civil :iow, January 13. :9~!. SEZ:..!:::- O~ C~G:;:..!...A.'ID COt.~T~, ?o\.., co =:--bv cL::u= d:: .s~E oi Dauohin C"u.:t'f :0 :"-.::'.1:': .:";c '.V:!:., .., ... ., . ... -,' ,- ._-.. -==::u:::::CU =:::1i -.,...- :it ~ :::r.::::t :::0. :-~ oc :::e :':3:::::t. // ~' ....".If.c:..".,~. . r: ,~J~-" .--~- "/ S4e.......:r of C:.:::::er.:d C.:IU:1t'7'. ?3. Affida.vit or - . ::=e:"71~ So :u:.sw=. ~ci CollAtT. ?~ 5wat:l :me! m~:i:d bc::1= . -. =:!::s ay oi COSIS SZAv"IC:Z s ,Q ..- ~m.zAGE A:: = LLJA 'Y"!l" $ r_ --a U ~\ Oil?~ ,~~ ~~O~ C. . ElfGLEBRIGHT, , <!l.ra,~rtiff (,,'" "1 '. . "v. ~ 'i' RACHEL E. HOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 177 CIVIL 1994 IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, this 9th day of February, 1994, Susan J. otto, Esquire, is appointed to represent the Defendant, Rachel E. Hood, on the Motion for Interim Custody Order only. the PAIGE F. MacDONALD, ESQUIRE - For the Plaintiff SUSAN J. OTTO, ESQUIRE - l..:..~cr 1f'lt<aA-t_ ~ .~/Ic>ltJ'I-. For the Respondent Jb.~ Court Administrator wcy f;'-'~C"~C '~,;;>'J, :'.:"<;:' ~"ffl "r12'{'{"':! fED 10 4 01 PH '9~ SCOTT C. ENGLEB~IGHT, " pl.a;~ntW ,., F' .. . ..V .,,-"" \ . . :. .;, >:~ ,:7Y V.;_.:1 ,1'_, ~~'A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY RACHEL E. HOOD, Defendant 177 CIVIL 1994 IN RE: MOTION TO AMEND ORDER OF COURT AND NOW, this 9th day of February, 1994, upon motion of Paige F. MacDonald, Esquire, to amend the Motion for Interim Custody Order and the Complaint in this case to reflect a birth date for Nicholas R. Englebright of August 7, 1993, and there being no objection from Susan J. otto, Esquire, on behalf of the Defendant, the motion is granted. By the J UWeSley 01 , PAIGE F. MacDONALD, ESQUIRE 0","",", ",,,<,.(.'.( :./ to /'1'1. For the Plaintiff -- U II A (> , I' J-..Lc.. .).j,G VI,/-. SUSAN J. OTTO, ESQUIRE - ~(\ ~."-.."-' -L- I ,.2. 0" For the Defendant wcy r'''.' SCOTT C. fEy /0 t./ ENGLEBRIGHT, 00 PH rSt/: P1ai~riff .;~'''~i' : .,; ".'~":.:" ~i.}. : . ' , , , . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. : RACHEL E. HOOD, Defendant . . : 177 CIVIL 1994 ORDER OF COURT AND NOW, this 9th day of February, 1994, upon consideration of the Plaintiff's Motion for Interim Custody order, and following a hearing at which the Plaintiff, Scott Eng1ebright, was represented by Paige F. MacDonald, Esquire, and the Defendant, Rachel E. Hood, was represented by Susan J. otto, Esquire, Court-Appointed Counsel, the Court Order dated January 27, 1994, is amended with respect to temporary custody of the children involved with respect to paragraphs 3(a) and 3(b), so that said paragraphs read respectively as follows: a. The father shall have physical custody of the minor children each week from Thursday at 5:00 p.m. until Monday at 7:30 a.m. b. The mother shall have physical custody of the minor children each week from Monday at 7:30 a.m. until Thursday at 5:00 p.m. The parties are requested to contact this judge's office to set a date convenient to all for a hearing on the custody complaint with a view toward entering a permanent order in the case, and the Defendant, Rachel E. Hood, is requested to r:""-.~-;.- ';r;~.:;:,:."l,'i' -'~~'~""J~ contact Legal Services for the purpose of obtaining private legal representation with their assistance. By the Court, PAIGE F. MacDONALD, ESQUIRE - ~-'" ~. .:il./IO/<1'f. For the Plaintiff \J ..J.r. SUSAN J. OTTO, ESQUIRE - C6-!~~\12.k.:L.L";.~~ ::z./IC/q.., For the Respondent u -L'..bl? wcy v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r PENNSYLVANIA CIVIL ACTION - LAW SCOTT C. ENGLEBRIGHT, Plaintiff RACHEL E. HOOD, Defendant 177 CIVIL 1994 ORDER OF COURT AND NOW, this l{~ day of February, 1994, upon consideration of the custody complaint previously filed in this matter, a hearing is SCHEDULED for Wednesday, March 9, 1994, at 1:30 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, , U/c J. esley Paige F. MacDonald, Esq. 2320 North Second Street J I Harrisburg, PA 17110 ~4'1,,~1 ;1.1"tf't Attorney for Plaintiff ~ Legal Services, Inc. -~ fl.t.<d,.; f4 ).fj:y ...... Susan J. Otto, Esq. ~ pi~/.;.. fl' ;jIlt; 'f Rachel E. Hood ...... c t 0 YWCA Ufl'; .,.,w.id J../II/f'f 215 Market Street i~ Harrisburg, PA :rc ..... :::...::: <.0 ...:::;, ,+,. , SCOTT C. ENGLEBRIGHT, IN THE COURT OF COMMON PLEAS OF plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . IN CUSTODY . RACHEL E. HOOD, Defendant 177 CIVIL 1994 ORDER OF COURT AND NOW, this 9th day of March, 1994, upon agreement of the parties reached in open court and announced by their counsel, the Plaintiff will be attending parenting classes. By the Court, /' , ' PAIGE F. MacDONALD, ESQUIRE 0 3/lo/q~. For the Plaintiff ~6'. SUSAN J. OTTO, ESQUIRE _ ~'~ ~.....- ~ 3/1" 1'1 'I. For the Defendant ~ ~ wcy .....~ - '.... ~61 I" (2 t' 01 ij~;; SCOTT C. ENGLEBRIGHT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . IN CUSTODY . RACHEL E. HOOD, . . Defendant . 177 CIVIL 1994 . ORDER OF COURT AND NOW, this 9th day of March, 1994, upon consideration of the Plaintiff's motion for interim custody order, the request, as stated, is denied, and the custody terms as set forth in the Order of Court dated February 9, 1994, shall continue pending further Order of Court. By agreement of counsel, the record will be left open in this case to receive a report and deposition testimony of a psychologist, and at such time as that report is received, counsel are requested to file the report of record in this matter, following which the Court will render a decision on permanent custody. By the court, PAIGE F. MacDONALD, ESQUIRE - For the Plaintiff SUSAN J. OTTO, ESQUIRE. ' ~<t:) 1fCH'.l :,,- For the Defendant -J.,'.'J...<....3/ NI q~, wcy A p. Wesley 0 C~~1.\-t'. ~. . '" ~GI \" f? \1 0, u.., ! Qt'l SCOTT ENGLEBRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Defendant : CIVIL ACTION - CUSTODY : STIPULATION OF THE PARTIES AND NOW, comes Plaintiff, Scott Englebright, by and through his counsel, Farr & cunningham, P.c., and Rachel E. Hood, by and through her attorney, Susan J. otto, Esquire, and hereby stipulate to the following: 1. Plaintiff is Scott Englebright, an adult individual currently residing at 30 Stephen Road, Apartment 2-D, Camp Hill, cumberland county, Pennsylvania 17011. 2. Defendant is Rachel E. Hood, an adult individual currently residing at the Harrisburg YWCA, 215 Market Street, HarriSburg, Dauphin County, Pennsylvania 17101. 3. On February 9, 1994, the Honorable Judge Wes Oler appointed Susan otto to act as interim pro-bono attorney for the Defendant, Rachel E. Hood, for the limited purpose of the hearing on Plaintiff's Petition for Emergency Custody. 4 . At the conclusion of the hearing on February 9, 1994, the Judge entered an Order wherein he specificallY directed Defendant to take active steps to obtain legal counsel for the custody hearing in this matter. 5. On March 4, 1994, susan otto, Esquire was appointed, pro bono, by the Court to serve as counsel for the Defendant, Rachel E. Hood. 6. Both parties are desirous of resolving this matter in a timely manner and wish to proceed with the custody hearing scheduled for Wednesday, March 9, 1994 at 1:30 p.m. before the Honorable Judge Oler. 7. Both parties agree that the proceeding should undergo psychoiogical regard to the issue of parental fitness. parties to evaluation this with 8. Both parties agree that Dr. Arnold Shienvold of Linglestown Road, Harrisburg, pennsylvania, shall be the psychologist who will perform the evaluations on the parties. 2 10. The parties agree that the "",,,cl,... '\\~ ,",,1'\- . , \ April 1, 199'4'. '"'-t ,}VI'O'.,-.' v~ record should remain il~ ~.~;.....v~lol Ci\f"\ ~ ~ go f:"t"'.-+~-'-,. ,"~,";..,_~'~'-.i- 9. Both parties acknowledge the fact that the evaluations cannot be done before the hearing on March 9, 1994, and agree that the record in this matter should remain open until such time that the parties have been evaluated and the psychologist deposed. open until +o,,~'" 11. This stipulation represents the entire agreement ~ and understanding concerning the record remaining open until go. ~vc:.1r.\ .......rN. ~\""-\ ....v-... ,10\,"",,11 ~f'" ,,~ ~. ~....:"...~\", Cl\., Io~ \;1\\:.<1..1"\. AprIl 1, ~ WHEREFORE, intending to be legally bound by the terms set forth herein, the parties, by and through their counsel, hereunto set their hands. FARR & CUNNINGHAM, P.C. Date: .:!~/qtj By ~ o~ ~t _'rf\o.MJr.nUI Paige . Macdonald, Esquire (Attorneys for plaintiff) Date: ~/'i/9'1 . I By: ;L.~r.-~' /lftl)]- ~san J. to, Esquire (Attorney for Defendant) 3 ~ 0"'> - :~. .- :"-~ , "' ..- . ~ ..... 'J.'-'_ ('. Co"" ~~ ..:, . - o ... ... "'" . ... ~Iii$ .W~ ~~~ ~o ClO~ ZZZI z8ffi ZWD. F:' a en . ... . Cl .... allza: ..... a:fa::l ~&J! ~ ... e ~ 8 1 .. ~ - .. i! .!l ~ 9 - .l!l 0 -5 ~ .?: - 'e '2 !l .. { ';' .g 'C ~ 0 .! .! 9 - - 'a - .. , . . .< . . . - FARR & CUNNINGHAM, P,C, . f;.'" '~""," SCOTT ENGLEBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 CIVIL ACTION - CUSTODY v. RACHEL E. HOOD, Defendant STIPULATION OF THE PARTIES AND NOW, comes Plaintiff, Scott Englebright, by and through his counsel, Farr & Cunningham, P.C., and Defendant, Rachel E. Hood, by and through her attorney, Susan J. otto, Esquire, and hereby stipulate to the following: 1. Plaintiff is Scott Englebright, an adult individual currently residing at 30 Stephen Road, Apartment 2-D, Camp Hill, Cumberland county, Pennsylvania 17011. 2. Defendant is Rachel E. Hood, an adult individual currently residing at the Harrisburg YWCA, 215 Market street, Harrisburg, Dauphin County, Pennsylvania 17101. 3. The parties shall voluntarily submit to psychological evaluation for purposes of a custody hearing in this matter. - 4. The parties agree to undergo psychological evaluation conducted by Dr. Arnold Shienvold of Riegler, Shienvold & Associates located at 2151 Linglestown Road, Harrisburg, pennsylvania. 5. The parties agree that the plaintiff shall undergo his first psychological evaluation session on Friday, March 18, 1994 at 10:00 a.m. 6. The parties agree that the Defendant shall undergo her first psychological evaluation session on Thursday, March 17, 1994 at 11:30 a.m. 7. The parties submit themselves to agree that they shall voluntarily two (2) other scheduled evaluation sessions, to be conducted before March 25, 1994. 8. The parties agree that the results of the evaluation shall be set forth in a report from Dr. Shienvold, and that in lieu of another hearing to take the testimony of Dr. Shienvold, that the parties, by and through their counsel, shall depose Dr. Shienvold with regard to his findings after the evaluations. 2 ". 9. This stipulation represents the entire agreement concerning the psychological evaluations of the parties. WHEREFORE, intending to be legally bound by the terms set forth herein, the parties, by and through their counsel, hereunto set their hands. FARR & CUNNINGHAM, P.C. Date: .:l,/Cf!qt( By:'- >'tfl~ J:-{,JS'f'I.1/o,J/Mn.Jd Paige . Macdonald, Esquire (Attorneys for Plaintiff) Date: :::311/'11 I By: L,...,,,,,_v,~. l1!.-uo- Susan J. 0 0, Esquire (Attorney for Defendant) 3 -:r en - ~ ~~: ~. ~ ~ ~~.t. ~:! ~~, - ...... ~~ -"'.,,,.. ..... ,., en a: ,.~ o ... ... ~ . ... ~Iii:!; i~~ CJO~ I ZZZ ,0 -8Z Z w ~wD. ~ o en . ... o1SZ~ l:::. I~! ~ ... Q, 8 ~ .. 8 'E . ~ . 1! ..!! ~ e - ,!!l Q oS 1l ~ i: 'E '2 !l .. f :i .g .. 8' Q ..l! .s .. e - - - . .c:- . , , . Q -, . , . FARR & CUNNINGHAM. P,C, .. SCOTT C. ENGLEBRIGHT, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY v. RACHEL E. HOOD, Respondent 177 CIVIL 1994 ORDER OF COURT AND NOW, this 9th day of March, 1994, upon consideration of the Petitioner's Petition for contribution for Psychological Evaluation fees, and upon agreement of the parties reached in open court and announced by their counsel, it is ordered that Respondent, Rachel E. Hood, shall contribute $100.00 toward the estimated $500.00 fee for psychological evaluation services, and the Petitioner shall contribute $400.00 toward that amount. By further agreement of the parties reached in open court and anounced by their counsel, Respondent's payment of the $100.00 figure shall be made by April 1, 1994. By further agreement of the parties announced in open court by their counsel, stenographic fees for the deposition of the psychologist in this case shall be shared by the parties as follows: Rachel E. Hood shall pay the sum of $50.00 on or before May 1, 1994, with respect to such fees, and the Petitioner shall be responsible for the balance of the fees. By the court, :r ..., / ; . ~[,~4X~ ol/ I J 'jWeSley OleVJr. T <r Vl ~51 r' r;> ;1 ...' "" tjj 'I .d, .. PAIGE F. MacDONALD, ESQUIRE - Cu.ra ro-......1.-P B IloJ'It/. For the Petitioner .>J.f. SUSAN J. OTTO, ESQUIRE - ~~L-f~ut~ JU. 3//0 IN, For the Respondent CI ~-- ~f. wcy , SCOTT ENGLEBRIGHT, Movant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. RACHEL E. HOOD, Respondent 94-0177 CIVIL TERM ORDER OF COURT ~~~ AND NOW, this ab.-( day of , 1994, upon consideration of Plaintiff's Motion for Interim Custody Order, a hearing on the motion is SCHEDULED for Friday, April 29, 1994, at 1:30 p.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING further Order of Court, neither party shall remove the children from Pennsylvania, and each party shall at all times keep the other advised as to his/her residence. BY . Wesley Ole Paige F. Macdonald, Esq. 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 Attorney for Movant Susan J. Otto, EBq. 1 Irvine Row Carlisle, PA 17013 Attorney for Respondent _ C"'\>'I. fYY"';"'~J.31 :3" (j 'f. 'U (] ~f'. , Kk,~ 3/31/"<j., _ e-..n.~ ..,lQic-c..:.-rL ......~ ~- - p o cr U .,>,'ij' :rc ..,''''1 ....h~1\ :.v' j-\;:'. . d _j,,\,.i ;....~tn.) I l..~\i-\)~ -~" ":.,-., .; J " _ '"'I:"'J,l.i' J;'. "I\"~'" v' ',. ~ 1~H "I' ~~, ~J bS ~ \t ll'~ . .1"'...... ....:.."~ . MAR 3 1. 1994,:h-- , ' v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 SCOTT ENGLEBRIGHT, Movant RACHEL E. HOOD, Respondent CIVIL ACTION - CUSTODY ORDER AND NOW, this _ day of , 1994, upon consideration of the Motion for Interim Custody Order, it is hereby ORDERED that a hearing is set for the 4th day of April, 1994 beginning at . _e__ .M. before the Honorable Wes Oler. BY THE COURT: J. SCOTT ENGLEBRIGHT, Movant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent CIVIL ACTION - CUSTODY ORDER AND NOW, this _ day of , 1994, upon consideration of the Motion for Interim custody Order, it is hereby ORDERED that Movant shall have primary physical custody and shared legal custody of the parties minor children, with Respondent having partial physical custody with supervision for purposes of visitation, from at ___:___ . m . until at ___:___ __.m., at until such time that the record is closed and a final Order is entered in this matter. BY THE COURT: J. SCOTT ENGLEBRIGHT, Movant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . MOTION FOR INTERIM CUSTODY ORDER AND NOW, comes Movant, Scott Englebright, by and through his attorneys, Farr & Cunningham, P.C., and files this Motion for Interim Custody Order and in support thereof avers as follows: 1. The Movant is Scott Englebright, residing at 30 Steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Rachel E. Hood, whose current address is the Harrisburg YWCA, 215 Market Street, Harrisburg, Dauphin county, Pennsylvania 17101. Movant believes, and therefore avers, that Respondent has resided at this address since January 4, 1994, when Respondent left her former address at 30 Steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania, taking with her the parties three (3) children. 3. The parties have three (3) minor children as follows: a. Kenneth S. Hood, Date of Birth - September 3, 1990: b. Jacob D. Englebright, Date of Birth - December 31, 1991: and c. Nicholas R. Englebright, Date of Birth- August 8, 1993. 4. On or about January 13, 1994, Movant, by and through his counsel, filed a Complaint for custody and a Conciliator Conference was heard on January 26, 1994, before Hubert X. Gilroy, Esquire. 5. At the Conciliator Conference, the parties were unable to agree to terms of custody and visitation and the Conciliator entered an Order directing that this matter be brought before this Honorable Court for hearing. 6. On March 9, 1994, a hearing was held in this matter and the Court entered an interim Order granting both Movant and Respondent shared physical custody, with Movant having custody of the parties minor children from Thursday at 5:00 p.m. through Monday at 7:30 a.m., and Respondent 2 " having custody of the parties minor children from Monday at 7:30 a.m. through Thursday at 5:00 p.m. 7. On Sunday, March 27, 1994 at 5:00 a.m., the Respondent appeared on Movant's door step and demanded that she be let inside. When Movant asked Respondent to leave she refused and Movant called the East Pennsboro Township Police Department. 8. The East pennsboro Township Police Department sent Patrolman Robert Nipple to the Movant's home in response to the phone call from Movant. Patrolman Nipple has executed a sworn Affidavit setting forth the details of the incident and said Affidavit is attached hereto and marked as Exhibit "A". 9. When Patrolman Nipple arrived at Movant's home the Respondent was no where in sight. After a brief search, the Respondent was found hiding in the basement of Movant's apartment. 10. Patrolman Robert Nipple asked Respondent to leave the premises or else she would be arrested. Respondent agreed and asked Patrolman Nipple for a ride back to the 3 = , YWCA in Harrisburg as she had allegedly walked to Movant's apartment. 11. Patrolman Nipple smelled alcohol on Respondent's breath and person when he arrived on the scene and when he transported Respondent back to the YWCA in Harrisburg. Affidavit of Patrolman Nipple Paragraph 8. 12. Respondent informed Patrolman Nipple that she intended to leave the Commonwealth and relocate to California. Affidavit of Patrolman Nipple Paragraph 9. 13. In light of the fact that Respondent has been drinking alcoholic beverages despite her testimony that she is receiving treatment for her alcoholism and despite her testimony that she has not been drinking alcoholic beverages, Movant believes and therefore avers that she poses a danger to the welfare of the children. 14. Movant believes and therefore avers that Respondent's statements to Patrolman Nipple indicate that Respondent has been contemplating leaving the area and in light of her erratic behavior, Movant believes that there is a serious risk of flight. " 4 , 15. In addition, Movant continues to believe, and therefore avers, that the Respondent, natural mother's present residence, the YWCA Womens Shelter in Harrisburg, Pennsylvania, is an inappropriate and unstable environment for the children. 16. Movant can offer the parties children a warm, loving, quiet, stable living environment, including but not limited to separate sleeping quarters complete with beds and a crib. 17. Movant believes and therefore avers that the best interests of the parties minor children would be best served if he were to be awarded temporary, primary physical custody until such time that a final Order is entered in this matter. WHEREFORE, in light of the foregoing, the Movant respectfully requests that this Honorable Court grant his Motion for Interim custody Order, and grant Movant primary physical custody and shared legal custody of the parties minor children, with mother having partial physical custody with supervision for purposes of visitation, until such time 5 , that the record is closed and a final Order is entered in this matter. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: March 31. 1994 BY~ -,:LJ.\'Mri,~~ paige F. Macdonald, Esquire I. D. #66266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Movant) 6 CERTIFICATE OF SERVICE I, Paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the Motion for Interim Custody Order in the above-captioned matter was hand delivered on the following: Susan J. otto, Esquire 1 Irvine Row Carlisle, PA 17013 Date: March 31. 1994 BY"~ 1N~ P.C. 'JO L. C pp, a alegal 7 I I' COMMONWEALTH OF PENNSYLVANIA : : ss: COUNTY OF DAUPHIN . . AFFIDAVIT OF PATROIXAH ROBERT NIPPLE Patrolman Robert Nipple, being first duly sworn according to law, depose and state the following, under oath: I 11 il II II !I I' ! I' I' 1. I am an adult individual currently employed by the East pennsboro Township Police Department as a Patrolman. 2. I have been employed by the East pennsboro Township Police Department for seventeen (17) years. 3. On March 27, 1994 at approximately 5:00 a.m. I responded to a call from Mr. Scott Englebright to the East pennsboro Police Department that Rachel Hood was at his door and demanding to be let in. 4. When I arrived at Mr. Englebright's residence, Mr. Englebright did not know where Ms. Hood was but suggested that she was hiding. 5. I discovered Ms. Rachel basement of the apartment where Mr. she was crying. Hood hiding in the Englebright lives and '\ 6. I presented Ms; Hood three (3) option,s,: (1) to leave on her own volition and walk: (2) to voluntarily leave with me and that I would give her a ride: or (3) she would be arrested. 7. Ms. Hood agreed to leave the premises with me and asked that I give her a ride back to the YWCA Women's Shelter in Harrisburg, Pennsylvania. 8. I smelled alcohol on Ms. Hood's breath and person. 9. While Ms. Hood was in my patrol car, Ms. Hood informed me of her intentions to leave the area and return to California. Sworn to before me and subscribed in my presence this 30th day of March, 1994 at Harrisburg, Pennsylvania. Witnesses: I) I' \ ''''{ ,'C. f..:.t I I 1/( Patrolman Roberl Nipple \, \ ~\.- "-,'.1 ,\ ,..:. 1.-\',0:L II ,I 11 I ! d :, '-1/" {' _1' J r;. ;.'r / Jot, I.- ~_..; t.. .;.tJI..'~"""t I Before me, a Notary Public in and for said county and state, personally appeared the above-named PATROLMAN ROBERT NIPPLE, who acknowledged to me that he did sign the foregoing Affidavit as his free act and deed for the uses and purposes therein expressed. IN TESTIMONY WHEREOF, I affixed my official seal at 30th day of March, 1994. have hereunto set my hand and Harrisburg, pennsyl vania this J. ' . Notary pubT c - .-- I II .' ~lt""""1loaI 1!Iln:heA. RDCl, Nclary N*l HtmIlurg.~.~ My eo. 0 NO...... E>;IiwI NellI. e. t9lI7 " ,." , 2 ., SCOTT ENGLEBRIGHT, . IN THE COURT OF COMMON PLEAS OF . Movant . CUMBERLAND COUNTY, PENNSYLVANIA . I v. CIVIL ACTION - LAW I RACHEL E. HOOD, I Respondent . 94-0l77 CIVIL TERM . ORDER OF COURT AND NOW, this t ~i~ day of April, 1994, upon consider.ation of the attached letter from Paige F. Macdonald, Esq., the hearing scheduled for Friday, April 29, 1994, is CANCELLED. BY THE COURT, Paige F. Macdonald, Esq. 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 Attorney for Movant Susan J. Otto, Esq. - .C....J."'I 1.~~C(Jl 'f/2fi'/9Y 1 Irvine Row v IV Carlisle, PA 17013 Attorney for Respondent . - , ~ 11YLa.e,..f(.ol :rc 1ih~? -; ~":h '" J.l~..tJlr~H' . '..;;"'~';- 4~t;'j~t'Ct;~ ' .or' l~''.i(, M. H,~ 70 II flZ Hd~ .' MICHAELE, FARR' JORDAN 0, CUNNINGHhM ROBERT E, CHERNICOFF DEBORhH L, PhCKER PhlGE F, MhCOONhLD FARR & CUNNINGHAM, P.C. ATIORNEYS AT LAW 2320 NORTH SECOND SfREET P.O, BOX 1855 HARRISBURG, PENNSYLVANIA 17105-1855 IRS NO. ~3.:n74133 Fh)( 17171 ~J8.4809 HERSHI;Y TELEPHONE 17171334.2833 'INo\CI1VE TELEPHONE t7l71 ~J8,~70 April 27, 1994 The Honorable J. wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse square Carlisle, PA 17013 HAND DELIVERED Re: Englebright v. Hood No. 177 CIVIL 1994 Dear Judge Oler: Enclosed for your review and consideration is a copy of deposition transcript of Dr. Arnold T. Shienvold taken April 7, 1994. As you may recall, both parties agreed that the record in this matter would remain open until such time that Dr. Shienvold could be deposed. Thus, in light of the fact that this deposition has been conducted, the record can now be closed, pending a final decision from the Court. Please be advised that the hearing which I had previously requested and which was scheduled for this Friday, April 29, 1994, will no longer be necessary in light of the fact that a final decision can be rendered. Should you have any questions or concerns regarding this matter, please do not hesitate to contact me. Very truly yours, FARR & CUNNINGHAM, P.C. c.~~/1 A ..... L n J Paige . Mac)aonaid'~ PFM/msm Enclosure cc: Susan J. otto, Esquire Mr. Scott Englebright , SCOTT ENGLEBRIGHT, Movant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3 eI~~~9J1.cTIoN - LAW . . v. I ^oo 7:1 . . RACHEL E. HOOD, Respondent 1 . . 94-0177 CIVIL TERM ORDER OF COURT AND NOW, this ~9tt day of April, 1994, upon consideration of Plaintiff's Complaint for Custody, and following a hearing, it is ORDERED and DIRECTED as follows: l. The parties shall have joint legal and physical custody of their children, Kenneth S. Hood (born September 3, 1990), Jacob D. Englebright (born December 23, 1991), and Nicholas R. Englebright (born August 7, 1993). 2. Except as otherwise provided herein, Father shall have physical custody of the children each week from Thursday at 5:00 p.m. until Monday at 7: 30 a.m., and Mother shall have physical custody of the children each week from Monday at 7130 a.m. until Thursday at 5:00 p.m. 3. Notwithstanding any other provision herein, Mother shall have physical custody of the children on Christmas morning from 9100 a.m. until 2:00 p.m. and Father shall have physical custody of the children on Christmas afternoon from 2: 00 p.m. until 7100 p.m.l and Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. until 7100 p.m. 4. Exchange of custody shall be accomplished with the Father picking up and delivering the children at the exchange of custody times. Mother shall be responsible for making the children available for delivery of custody to Father and making herself or .. . another responsible adult available for receipt of the children. 5. Nothing herein is intended to preclude the parties from altering the custody schedule herein by mutual agreement. THIS ORDER is predicated upon the living arrangements of the parties as presently existing, and nothing herein is intended to preclude a request for modification where a party believes that a change in such arrangements warrants review of the Order. BY THE COURT, Paige F. Macdonald, Esq. - 2320 North Second Street P.O. Box l8S5 Harrisburg, PA 17105-1855 Attorney for Movant c..~J- ~~ tf/J..'1/q'f. ...!>f. _ C!~lt ~l.......t..:.... ,~~t... +/ .t<I/""" 'd- ~ f. Susan J. otto, Esq. 1 Irvine Row Carlisle, PA 17013 Attorney for Respondent :rc ",~,..,_","~,.'. "q">~J"_ * <3CiJi't- c; It':} I rb('lj/J~laintiU : IN THE COURT OF CONNON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . * /2.." 14: I t lice c( Defendant :CIVIL ACTION - LAW ~NO. 1 77- <(I( CIVIL : CUSTODY /VISITATION 19 V '. ORDER OF COUR~ 7"::..." 1~1 ():J., (c/71( AND NOW, this . (aate) , upon consideration of the attached complaint, it is hereby directed that the aarties-and their respective couns. appear before "",clcl L l'I"lck-" ~ ::;:/. the conciliator, at ., N. .- t~, , ({-m......IIf. on the ~I\l.\ day o~ lll.l."c..s , 19 t(, at '. H., for a Prehear~ng 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. Either party may bring the child who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. , FOR THE COURT: By: ~/ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADHINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717)240-6200 . . . ~ ~ ~ " @ 1 t JUt ZZ (: 56 fH '9~ i)f-IIC'! '>1 '" 'HON; ',Ihr I;Uit \ 11;'(', (;")11:'( I't ..,.\ y! '1A~'~ SCOTT ENGLEBRIGHT, Movant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 RACHEL E. HOOD, Respondent CIVIL ACTION - CUSTODY ORDER AND NOW, this day of July, 1994, upon consideration of the Motion for Amended custody Order, it is hereby ORDERED that a hearing is set for the _ day of 1994 beginning at . . .m. before the Honorable J. Wesley Oler, Jr. IT IS FURTHER ORDERED that Movant, Scott Englebright, shall have temporary physical custody of the minor children until such time that a hearing on this Motion is held. BY THE COURT: J. SCOTT ENGLEBRIGHT, Movant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 177 CIVIL 1994 RACHEL E. HOOD, Respondent CIVIL ACTION - CUSTODY MOTION FOR AMENDED CUSTODY ORDER AND NOW, comes Movant, Scott Englebright, by and through his attorneys, Farr & cunningham, P. C., and files this Motion for Amended custody Order and in support thereof avers as follows: 1. The Movant is Scott Englebright, residing at 250 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. The Respondent is Rachel E. Hood, whose current address is the Harrisburg YWCA, 215 Market Street, Harrisburg, Dauphin County, Pennsylvania 17101. Movant believes, and therefore avers, that Respondent has resided at this address since January 4, 1994, when Respondent left her former address at 30 Steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania, taking with her the parties three (3) children. 3 . 'rhe parties have three (3) minor children as follows: a. Kenneth S. Hood, Date of Birth - September 3, 1990: b. Jacob D. Englebright, Date of Birth - December 31, 1991: and c. Nicholas R. Englebright, Date of Birth- August 8, 1993. 4. On or about January 13, 1994, Movant, by and through his counsel, filed a Complaint for Custody. 5. On April 29, 1994, an Order of Court was entered, after a hearing was held in this matter whereby the parties were granted joint legal and physical custody of their children with the Father having physical custody of the children each week from Thursday at 5:00 p.m. until Monday at 7:30 a.m. and Mother having physical custody of the children from Monday at 7:30 a.m. until Thursday at 5:00 p.m. The Order further provides that nothing in the Order is intended to preclude the parties from altering the custody schedule by mutual agreement. 2 6. On or before sunday, May 29, 1994, Movant telephoned Respondent to inquire whether or not he could return the children on sunday at 8:00 p.m. rather than on Monday, at 7:30 a,m. as per the existing Order. Respondent agreed that Movant could return the children to her at the shelter at 8:00 p.m. on Sunday, May 29, 1994. 7. On or about sunday afternoon, May 29, 1994, Respondent called Movant to inquire whether or not he would be willing to drop the parties children off to her at a barbecue that she was currently attending. Movant refused to drop the children off at the barbecue and informed Respondent that he would be returning the children as originally agreed to her at the YWCA shelter in Harrisburg. 8. When Movant arrived to return the children at the YWCA shelter, Respondent was there and it was obvious that Respondent had been drinking beer. When Movant spoke with Respondent about her drinking beer, Respondent told Movant "the Court Order does not say that I have to be sober all the time". Respondent also informed Movant that "the Order doesn't say I have to be in an alcohol program and in fact I'm not". 3 9. On July 4, 1994, Movant attempted to deliver the children to the Mother at the arranged time of 7:30 a.m. When Movant arrived at the YWCA she I ter in Harrisburg, he was informed by an employee of the YWCA shelter that Rachel was not there and that it was believed she was "out having breakfast". Movant returned to his home with the parties children. Approximately one (1) hour later, Respondent called Movant to tell him that she was now back at the shelter ready and waiting for the return of her children. 10. On Monday, July 18, 1994 at 7: 30 a. m., Movant arrived at the Harrisburg YWCA shelter to deliver the children as per the Order of Court. When Movant arrived at the shelter, he was informed that Respondent was not there and that she was "at breakfast". Movant had to take his children to his mother's residence in light of the fact that he was due at work by 9:00 a.m. that morning. 11. On Tuesday, July 19, 1994, at approximately 8: 45 a.m., and more than twenty four (24) hours after she was to be available, Respondent called Movant for the first (1st) time to inform him that she had returned to the shelter and that she was ready for the children to be delivered to her. 4 12. In light of the fact that Respondent has been drinking alcoholic beverages despite her testimony during the custody hearing that she is receiving treatment for her alcoholism and despite her testimony that she has not bee drinking alcoholic beverages, Movant believes, and therefore avers, that she poses a danger to the welfare of the children. 13. In addition, Movant believes, and therefore avers, that the Respondent, has failed to abide by the terms and conditions set forth in the Order of Court entered on April 29, 1994 and has abused her privilege of custody by virtue of her failing to appear at the times designated in the Court Order. 14. In addition, Movant continues to believe, and therefore avers, that the Respondent, natural mother's present residence, the YWCA Womens Shelter in Harrisburg, Pennsylvania, is an inappropriate and unstable environment for the children. 5 15. Movant can offer the parties children a warm, loving, quiet, stable living environment, including but not limited to separate sleeping quarters complete with beds and a crib. 16. Movant believes and therefore avers that the best interests of the parties minor children would be best served if he were to be awarded temporary, primary physical custody and shared legal custody until such time that a hearing can be held in this matter. 17. The Order of Court entered April 29, 1994 expressly provides that the Order was entered predicated upon the living arrangements of the parties as presently existing, and nothing in the Order is intended to preclude a request for modification where a party believes that a change in such arrangements warrants review of the Order. IS. Movant believes, and therefore avers, that Respondent's recent behavior warrants a review of the Order entered on April 29, 1994, 6 WHEREFORE, in light of the foregoing, the Movant respectfully requests that this Honorable Court grant his Motion for Amended custody Order, and grant Movant primary physical custody and shared legal custody of the parties minor children, with mother having partial physical custody with supervision for purposes of visitation. Movant further respectfully requests that he be awarded temporary physical custody of the parties minor children until such time that a hearing can be held in this matter. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: Julv 19, 1994 BY:U,r:.. J. "'^u-J.Jv\AAU paig~~;~donald, Esquire I.D, #66266 2320 North second street p,O, Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Movant) 7 CERTIFICATE OF SERVICE I, Jodi L. Copp, Paralegal, do hereby certify that a true and correct copy of the Motion for Amended custody Order in the above-captioned matter was hand delivered on the following: Rachel Hood YWCA 215 Market street Harrisburg, PA 17101 FARR & CUNNINGHAM, P.C. Date: Ju1v 19. 1994 8 -'. . ' SCOTT ENGLEBRIGHT, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-177 CIVIL TERM vs RACHEL E. HOOD, Defendant CUSTODY ORDER OF COURT AND NOW this <isH. day of A ....~" 0:.1 ' 1994, a hearing is hereby scheduled in the above matter to be held in Court Room No. ~ of the Cumberland County Court House in Carlisle, . Pennsylvania, commencing at !IJ;OO 0' clock a..:..m., on -:ft..t """'(/ , the jtl..d,. day of ()<'~/1_.r , 1994. The parties shall exchange, through :ounsel, lists of the witnesses they intend to call at the hearing, which lists shall include the name, address, and daytime telephone number of the potential witnesses and a brief description of the subject matter on which the witness will testify, at least ~~~ days prior to the hearing. BY THE COURT, Paige M. McDonald, Esquire Attorney for Plaintiff Mrs. Rachel E. Hood Harrisburg YWCA 215 Market Street Harrisburg, PA ., "/,I Carol J. Lindsay, Esquire c.."'f;........ ('I\\.~~t . ~ /8/qtt . , -) '"".LJ - / ,Q.,P, C-'t'-tuwx.C ') ~t~ d ./ . rlo19Y ~uc 0 3 3~ rK '9~ OffICE OF he ! ,.,rtiOH~UhY CUMc\':H,~"D r.~IJIlTY PEIl~ ';'IL',' ~fi'l i1~ sr;"<,"_ SCOTT ENGLEBRIGHT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs ) ) NO. 94-177 CIVIL TERM RACHEL E. HOOD, ) Defendant ) CUSTODY JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler CONCILIATOR CONFERENCB SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(B), the undersigned Custody Conciliator submits the fOllowing report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: BIRTHDATE CURRENTLY IN CUSTODY OF NAME Kenneth S. Hood Jacob D. Englebright Nicholas R. Engle- bright 2. A Conciliation Conference was held on 2 August 1994 and 3 September i990 31 December 1991 8 August 1993 Plaintiff & Defendant Plaintiff & Defendant Plaintiff & Defendant the following individuals were present: The Plaintiff and his attorney, Paige F. Macdonald, Esquire. The Defendant, at this time, does not have an attorney, and her address is Harrisburg YWCA, 2lS Market Street, Harrisburg, Pennsylvania. 3. These people were before Judge Oler for a hearing in late April. At that time, he divided custody between the parties. The father now seeks to modify that order because, on two occasions, the mother has not been at the appointed place to pick up the children at the end of his periods of custody and because he believes that she is actively drinking and has a problem with alcohol. 4. When the case was assigned to me, the mother had no attorney and Legal Services, because of a conflict, could not represent her. They arranged to have Carol Lindsay, Esquire, represent her but Ms. Lindsay was on vacation the week the conference was scheduled. Since the father did not want my conference rescheduled, and since it appeared unlikely the parties would reach an agreement at my conference anyway, I conducted the conference without the mother or her attorney be~ng present. 5. The father's complaints are as outlined in his Petition. Frankly, it appears that he is dissatisfied with the Court's decision in April and feels it should be changed because of these recent problems. I do not think it is likely the parties will reach agreement on the matter, so I expect a second hearing will be necessary. I do not believe the hearing should take very long, considering the limited number of events which have occurred since the last hearing. . . 6. I have prepared an order scheduling a hearing and directing the exchange of witnesses. 5 August 1994 ~~~ Samll L. Andes Custody Conciliator " SCOTT ENGLEBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 CIVIL ACTION - CUSTODY . . v. RACHEL E. HOOD, Defendant LIST OF WITNESSES In addition to himself, Plaintiff intends to call the following witnesses to testify on his behalf at the hearing scheduled for Friday, August 19, 1994 at 10:00 a,m.: 1. Tonya Castle who resides at Main street, Lisburn, Pennsylvania 691-0937. She is expected to testify that she was called upon to take care of the children when the Defendant has failed to appear at the scheduled time of 7:00 a.m. on Monday morning to receive the children for her period of shared custody, 2. The Plaintiff is attempting to get in touch with a person known to him only as "Angel" who, if contacted and '" .. served with a Subpoena, will be asked to discuss his contact with and discussions with the Defendant at the Never On A Specifically, Sunday bar in Harrisburg, Pennsylvania. plaintiff has been informed that this individual knows the Defendant as a regular patron of the Never On A sunday bar. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: Auaust 17, 1994 BY~cf:1'>D....1, M.~~ Paige ~, Macdonald, Esquire 1.0, #66266 2320 North Second street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Plaintiff) 2 . CERTIFICATE OF SERVICE I, Paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the List of witnesses in the above-captioned matter was served by United states First Class Mail in Harrisburg, Pennsylvania on the following: James 0, Flower, Esquire - via telecoDier - 243-6510 Flower, Morgenthal, Flower & Lindsay 11 East High Street Carlisle, PA 17013 (Attorneys for Defendant) Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: Auaust 17. 1994 By~0\,~::t~,~. paig~~Macdonald, Esquire I.D. #66266 2320 North Second street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Plaintiff) ..~ q~'-, ....."'-'-.~.t:' ~ en - >- u:>- ...... :.uf-:.e ,... t"J=)"~, "=::c ",,- ~Q(>~ -~ .:t:.!.~.. :"?:':~ ....;:: :r LJ~:;'': ..:!.:tLtJ r. ;Ea... ,~- <.>'"' if: Q ::7- (Y) c:c - .... => ..". v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SCOTT ENGLEBRIGHT, Movant RACHEL E. HOOD, Defendant . . . . 94-0177 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of August, 1994, upon consideration of the Motion For Amended custody order, and following a hearing, it is ordered and directed that the Order of Court dated April 29, 1994, be amended to provide for the following paragraph six therein: In the event that Defendant is not available at the appointed time to receive the children, the entire period of her custody commencing at that time shall be deemed forfeited. By the court, PAIGE MACDONALD, ESQUIRE ,}-I. For the Movant ~ ~fiIJ5f:1.. JAMES D. FLOWER, JR., ESQUIRE leI. For the Respondent {Of1 p.lt1A.~.' ~ F C/f.!.t..if'f wcy 1.h'1 " .l)"'~ ~.'::.: .'. . ',,' ~".'- \\", ;-,0 ,J .l.l....,:,j ", ,-, . ).~Vil,~t.l'l:' ".. 3011 !I' ~61 "<I LS Z Sllln~ I L. c,lwp51IJdfJedcc.lbccdlfp,pe. vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94-177 CIVIL TERM SCOTT ENGLEBRIGHT, Plaintiff, RACHEL E. HOOD, Defendant. CUSTODY To the Prothonotary: Kindly allow, RACHEL E, HOOD, Defendant in the above captioned action, to proceed In forma pauperis. I, JAMES D, FLOWER, JR" attorney for RACHEL E, HOOD, proceeding In forma pauperis, certify that I believe the party Is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. FLOWER, MORGENTHAL, FLOWER & LINDSAY Attorneys for the Defendant Date: August I If ,1994 James D. Flower, Jr., 11 East High Street Carlisle, PA 17013 (717) 243-5513 1.0. #27742 o,lwp51IJdfJrdo..lhoodltp,pr. SCOTT ENGLEBRIGHT, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94.177 CIVIL TERM CUSTODY vs, RACHEL E. HOOD, Defendant. 1. I am the Defendant in the above matter and because of my financial condition, I am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct, (a) Name: RACHEL E. HOOD Address: Harrisburg YWCA, 215 Market Street, Harrisburg, PA 17101 Social Security Number: .14 q 4 q - '1 S I ;;J.. (b) If you are presently employed, state: Employer: bt/ tt. I Address: Salary or wages per month: Type of work: 2 . allwp51IJdfJrda..lhaodltp.pra If you are presently unemployed, state: ..L f. Date of last employment: Jvp r b~& {t:t 1 f Salary or wages per month: I .; 1f,;L.. / L I n I Type of work: -fa. {'.,... fJ.L,{'t (~ti'~" (If (c) Other income within the past twelve/monfhs: Business or profession: F/,61t-'-- Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: (d) Other contributions to household support: (Wife) (Husband) Name: Ii'; tt f If your (husband) (wife) is employed, state: Employer: It /ct t Salary or wages per month: 3 , .,lwp51IJdCJrdo..lboodlCp.pr. Type of work: Contributions from children: (e) Property owned: '~L- Cash: Checking Account: Savings Account: Certificates of Deposit: Real Estate Oncluding home): Motor vehicle: Make Year Cost Stocks/bonds: Other: (f) Debts and obligations: Mortgage: Rent: Loans: Monthly Expenses: (g) Persons dependimt upon you for support: (Wife) (Husband) Name: kO\t...< Amount owed ~.<..-, 4 .,lwp51IJdfJrd...lboodlfp.pr. Children, If any: Name: Kenneth S, Hood Jacob D. Englebrlght Nicholas R, Englebright Born 09/03/90 Born 12/31/91 Born 08/08/93 Age 3 years Age 2 years Age 1 year 4, I understand that I have a continuing obligation to Inform the Court of Improvement In my financial circumstances which would permit me to pay the costs Incurred herein, 5. I verify that the statements made In this affidavit are true and correct. understand that false statements herein are made subject to the penaltles of 18 Pa, C.S. 4904, relating to unsworn falsification to authorities. Date: August '1 .1994 ~~~u M Rachel E. Hood 5 , c,hQlS1IJdfJrdocolbooclUp.pn scon ENGLEBRIGHT. Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO, 94-1n CIVIL TERM CUSTODY vs. RACHEL E, HOOD, Defendant. A.EEJ.QAYII I, RACHEL E. HOOD, am the Defendant in the above-captioned action, I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S, 4904. relating to unsworn falsification to authorities. Date: August l ~ . 1994 '-i-/ddJ U Rachel E, Hood, Defendant 6 OH ... ~~ 0-:1>- p.,Ul z~ O~ ~p., o ' U~ r..z Ol:) o E-tu ~ l:)Q ~~ :Z:~ E-t!!l zS HU i: .... IN cry .,. 0') - ~,... .. .- ;~:;~:; ': ~~ :; ~: "- :.c',- _J ~_. C"1 'J,.J- .- ~. :t ,~ CJ, .fff ::. '.-. ~ ~ E-t 0-:1 H > H U l"- I"- o-i I '<I' 0\ , , , 'H 'H '.-1 .j.J s:: '.-1 'Ill E-to-i :z:p., Cl H ~ III ~ 0-:1 Cl Z ~ E-t E-t o U III > . .j.J s:: III '0 s:: Q) 'H Q) Q , Q o o :z: I'l ... . 0 ..I Z l'- <>00 1-:;; :I:<i= l.Ll_ I-Ul;2;tl.LlZ ZOO<!:< l.LlZgz~t/l> lJ-O<:c..J c.::..IUIII >- o~~~!:2~ :::Ec.::~~:CZ .l.Ll_ol-l.Ll c.::~llll:t/lp,. g;o~<~~ .....10< ...t/l o J,.L. Co ...- ..I 0( ..J J,.L. c.:: < u , ~ 0-:1 ~ :I: U Q ~Ul ~H U~ O~ ~p., p.,l:) 1<1: Op., E-t ~~ HO E-tf&< H E-tZ ~H p., - ... ... ... ... ... N ... ..J'" N<~~ ~:c '" '" I- .... OZ~... c.::l.Llci>- U,llJU,l< ~~~lS ..J~..J~ ":::E":~ oc.::o:J UlLLlUlO U,llJLLlc.:: ~O~< ~e<:~U ---- --~- , . r"' -, . ,. .. AUS 3 1199~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 CIVIL ACTION - CUSTODY SCOTT ENGLEBRIGHT, Movant RACHEL E. HOOD, Respondent ORDER AND NOW, this l.:J.. day of ~, 1994, upon consideration of the Mutual Agreement To Modify Amended Custody Order of August 19, 1994 which was duly executed by the parties, it is hereby ORDERED that Scott Englebright shall have physical custody of the following children: Kenneth S. Hood, Jacob D. Englebright and Nicholas R. Englebright, until such time that the Defendant, Rachel E. Hood is able to provide adequate and safe shelter for the subject minor children. BY THE COURT:/} I ' "; . 'j" .J .';', ~.: J. I 't:.., I ('1, ',' , . ;.. r; ~r"J .l. 'j"n.::~ ti fH;' ' Hi 3~\l.'H. ~61 HJ ,,.z ~ d3S '. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 SCOTT ENGLEBRIGHT, Plaintiff RACHEL E, HOOD, Defendant CIVIL ACTION - CUSTODY MUTUAL AGREEMENT TO MODIFY AMENDED CUSTODY ORDER OF AUGUST 19, 1994 AND NOW, this 24th day of August, 1994, the parties to the above captioned proceeding do hereby mutually agree to modify the Amended Custody Order entered in the Court of Common Pleas, Cumberland County on August 19, 1994 and in support of their mutual agreement aver as follows: 1. The Defendant, Rachel E. Hood, has been displaced or otherwise asked to leave her present residence at the YWCA Shelter in Harrisburg, Pennsylvania. 2. The Defendant, Rachel E. Hood, has contacted the Plaintiff, Scott Englebright, the father of the subject " minor children to ask that he pick the children up from the shelter on wednesday, August 24, 1994 and keep the children with him as she is unable to provide shelter for the children at this time, 3. The parties agree that this agreement reflects a temporary modification of the existing custody Order and that the terms of the existing custody Order shall be reinstated at such time that the Defendant is able to provide adequate and safe shelter for the subject minor children. 4. The parties have each had an opportunity to be represented by legal counsel in this matter, and in particular to this Mutual Agreement to Modify Amended Custody Order of August 19, 1994. 5. The parties hereby agree that this Mutual Agreement to Modify Amended Custody Order of August 19, 1994, upon execution by both parties, shall be filed in the Court of Common Pleas, Cumberland County, Pennsylvania and made a part of the record captioned above. 2 i 1;~';' ~/\. S f.()iv-k- (,J ~~~ Scott .~:~ . ebright ~ - . NOW, THEREFORE, intending to be legally bound, the parties hereto set their hands and seals the day and date first above mentioned. WITNESS: L/2~jJ) U Rachel E. Hood ... . 3 - .~ ~~ , ;.ci..:i~ 1 ~ i J~ 1 A~ .~ I~~' ~ tl ~\l; SCOTT ENGLEBRIGHT, Movant . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . ORDER AND NOW, this day of March, 1994, upon consideration of the Motion for Interim custody Order, it is hereby ORDERED that Movant shall have primary physical custody and shared legal custody of the parties minor children, with Respondent having partial physical custody for purposes of visitation, from at _:_ _.m. until at _:_ __m., at , until such time that the record is closed and a final Order is entered in this matter. BY THE COURT: Date: J. SCOTT ENGLEBRIGHT, Movant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . MOTION FOR INTERIM CUSTODY ORDER AND NOW, comes Movant, Scott Englebright, by and through his attorneys, Farr & cunningham, P.c., and files this Motion for Interim CUstody Order and in support thereof avers as follows: 1. The Movant is Scott Englebright, residing at 30 Steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Rachel E. Hood, whose current address is the Harrisburg YWCA, 215 Market street, Harrisburg, Dauphin County, Pennsylvania 17101. Movant believes, and therefore avers, that Respondent has resided at this address since January 4, 1994, when Respondent left her former address at 30 Steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania, taking with her the parties three (3) children. 3. The parties have three (3) minor children as follows: a. Kenneth S. Hood, Date of Birth - September 3, 1990; b. Jacob D. Englebright, Date of Birth - December 31, 1991: and c. Nicholas R. Englebright, Date of Birth- August 8, 1993. 4. On or about January 13, 1994, Movant, by and through his counsel, filed a Complaint for custody and a Conciliator Conference was heard on January 26, 1994, before Hubert X. Gilroy, Esquire. 5. At the Conciliator Conference, the parties were unable to agree to terms of custody and visitation and the Conciliator entered an Order directing that this matter be brought before this Honorable Court for hearing. 6. On February 9, 1994, a hearing was held on the Motion for Interim custody Order filed by Movant, by and through his counsel, requesting, inter alia, that the Court enter an interim Order, until such time that a regular 2 .... "._-~'.~ ..._~ ~,- hearing could be scheduled, qrantinq Movant primary physical custody of the parties minor children, with the Respondent having partial physical custody for purposes of weekend visitation. 7. On February 9, 1994, after a brief hearing was held in this matter, the Court entered an interim Order granting both Movant and Respondent shared physical custody, with Movant having custody of the parties minor children from Thursday at 5:00 p.m. through Monday at 7:30 a.m., and Respondent having custody of the parties minor children from Monday at 7:30 a.m. through Thursday at 5:00 p.m. At the conclusion of the hearinq on February 9, 1994, the Judge also made part of his Order, the directive to Respondent to take active steps to procure legal counsel for herself. 8. For reasons uncertain to Movant and his counsel, Respondent was not able to procure counsel through Cumberland County Legal Aid. On Friday, March 4, 1994, the Honorable Judqe Wes Oler appointed Susan J. otto, to act as counsel for the Respondent, pro bono. 9. The parties are scheduled to appear before the Honorable Judqe Wes Oler for a hearing on wednesday, March 3 9, 1994 at 1:30 p.m. In light of the short time that Respondent's counsel has had to prepare for this case, the parties do hereby agree to stipulate to keeping the record open until April 1, 1994, so that the parties can undergo psychological evaluation with regard to their parental fitness. 10. Movant continues to believe, and therefore avers, that the Respondent, natural mother's present residence, the YWCA Womens Shelter in Harrisburg, Pennsylvania, is an inappropriate and unstable environment for the children. 11. Movant can offer the parties children a warm, loving, quiet, stable living environment, including but not limited to separate sleeping quarters complete with beds and a crib. 12. Movant believes and therefore avers that the best interests of the parties minor children would be best served if he were to be awarded temporary, primary physical custody until such time that a final Order is entered in this matter. 4 WHEREFORE, in light of the foregoing, the Movant respectfully requests that this Honorable Court grant his Motion for Interim custody Order, and grant Movant primary physical custody and shared legal custody of the parties minor children, with mother having partial physical custody for purposes of visitation, until such time that the record is closed and a final Order is entered in this matter. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: March 9. 1994 BY:~;:'~ ::J. ,1\\llJ'dll~' paige.~. Macdonald, Esquire I.D. #66266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Movant) 5 , .~. ,.,,1. CERTIFICATE OF SERVICE I, Paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the Motion for Interim Custody Order in the above-captioned matter was hand delivered, in the Court of Common Pleas of CUmberland County on March 9, 1994, on the following: Susan J. otto, Esquire 1 Irvine Row Carlisle, PA 17013 FARR & CUNNINGHAM, P.C. Date: March 9. 1994 BY:~P;:{ .,j'r\OJ't1t1Yltlld ~. Macdonald, Esquire I.D. 1166266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorney for Movant) 6 I I I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 SCOTT ENGLEBRIGHT, Petitioner RACHEL E. HOOD, Respondent CIVIL ACTION - CUSTODY ORDER AND NOW, upon consideration of the Petitioner's Petition for contribution for Psychological Evaluation Fees, it is hereby ORDERED that Respondent, Rachel E. Hood shall contribute and 00/100 Dollars ($ ) toward her share of the psychological evaluation fees. _'J : \,1..... \ BY THE COURT: J. ". ~ ,,.1 \' , ( , "'; ", . \ / \ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 177 CIVIL 1994 CIVIL ACTION - CUSTODY SCOTT ENGLEBRIGHT, Petitioner RACHEL E. HOOD, Respondent PETITION FOR CONTRIBUTION FOR PSYCHOLOGICAL EVALUATION FEES AND NOW, comes the Petitioner, Scott Englebright, by and through his attorneys, Farr & cunningham, P.C., and files his Petition for Contribution for Psychological Evaluation Fees and in support thereof avers as follows: 1. The Petitioner is Scott Englebright, residing at 30 steven Road, Apartment 2-D, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent is Rachel E. Hood, whose current address is the Harrisburg YWCA, 215 Market Street, Harrisburg, Dauphin County, Pennsylvania 17101. 3. Respondent is currently receiving welfare benefits, however, the exact amount of the welfare benefits she is receiving is unknown. 2 4. The parties have agreed, by and through their counsel via stipulation, to voluntarily submit to psychological evaluation for purposes of providing evidence for the custody matter which is currently pending in the Court of Common Pleas, Cumberland county at Docket No. 177 CIVIL 1994. 5. The parties have agreed, by and through their counsel via stipulation, to submit to psychological evaluation conducted by Dr. Arnold Shienvold of Riegler, Shienvold & Associates, located at 2151 Linglestown Road, Harrisburg, pennsylvania. 6. Dr. Shienvold, in light of the precarious economic situation of the parties, has agreed to signif~cantly reduce his rate to the amount of Five Hundred and 00/100 Dollars ($500.00) for the evaluation of both parties for purposes of the custody proceeding. 7. Petitioner believes and therefore avers, the Respondent should be required to contribute at least half (~) of the fees involved for the psychological evaluation in regard to this matter. , , 8. In the event that Respondent cannot pay her share in toto, Petitioner believes and therefore avers that Respondent can contribute at least a small portion of her welfare benefit payments toward the psychological evaluation. 9. In the event that Respondent can only pay a portion of her share, Petitioner requests that the county of Cumberland pick up the remaining balance of the Defendant/Respondent's Two Hundred Fifty and 00/100 Dollars ($250.00) share of the evaluation costs, in light of the fact that the Defendant/Respondent is currently represented by Susan J. otto, who has been appointed by the Court as her pro-bono counsel. 10. Petitioner believes that his request for contribution is reasonable in light of the fact that he will be paying for his share of the evaluation fees as well as the fees for his private counsel. WHEREFORE, in light of the foregoing, Petitioner respectfully requests that this Honorable court direct the Treasurer of Cumberland County to remit payment to Riegler, 3 Shienvold & Associates for the sum of Two Hundred Fifty and 00/100 Dollars ($250.00) for the Defendant/Respondent's share of the psychological evaluation, or in the alternative, direct that the Defendant/Respondent contribute an amount determined by the Court to be appropriate and that the difference between the Defendant/Respondent's individual contribution, and the actual remaining balance of the psychological evaluation fees be paid by the County of Cumberland. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: 3hf ht/ , B~li.qf .:A, ,\\\N',;);'r111. vA Paige F. Macdonald, Esquire I.D. #66266 2320 North Second street P.O. Box 1855 HarriSburg, PA 17105-1855 (717) 238-6570 (Attorneys for Petitioner) 4 '. . . CERTIFICATE OF SERVICE I, Paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the Petition for contribution for Psychological Evaluation Fees in the above-captioned matter was hand delivered in the Court of Common Pleas of CUmberland County on March 9, 1994, on the following: Treasurer Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Susan otto 1 Irvine Row carlisle, PA 17013 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 FARR & CUNNINGHAM, P.C. Date: ~Ul \ \C\~tf B~^, fui-..e ~ ,...s:ru..r:.;)~ Paige F~ Macdonald, Esquire I.D. #66266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Petitioner) 5 SCOTT ENGLEBRIGHT, Movant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . ORDER AND NOW, this 9th day of February, 1994, upon consideration of the Motion for Interim Custody order, it is hereby ORDERED that Movant shall have primary physical custody and shared legal custody of the parties minor children, with Respondent having partial physical custody for purposes of visitation, from at . -'- .m. until at ___:___ __.m., at , until such time that a new hearing is scheduled and subsequent Order is entered in this matter. BY THE COURT: Date: J. ~ ..<_.,..__.."e_. ..~...- SCOTT ENGLEBRIGHT, Movant I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . MOTION FOR INTERIM CUSTODY ORDER AND NOW, comes Movant, Scott Englebright, by and through his attorneys, Farr & CUnningham, P.C., and files . this Motion for Interim CUstody Order and in support thereof avers as follows: 1. The Movant is Scott Englebright, residing at 30 . . Steven Road, APartment 2-D, Camp Hill, CUmberland County, Pennsylvania 17011. ~ 2. The Respondent is Rachel E. Hood, whose current address is the Harrisburg YWCA, 215 Market street, Harrisburg, Dauphin County, Pennsylvania 17101. . Movant believes, and therefore avers, that Respondent has resided at this address since January 4: 1994, when Respondent left her former address at 30 steven Road, Apartment 2-D, Camp Hill, CUmberland County, Pennsylvania, taking with her the parties three (3) children. .' '. . . '. . ... , 3. The parties have three (3) minor children as follows: a. Kenneth S. Hood, Date of Birth - September 3, 1990: b. Jacob D. Englebright, Date of Birth - December 31, 1991: and c. Nicholas R. Englebright, Date of Birth- August 8, 1993. 4. On or about January 13, 1994, Movant, by and through his counsel, filed a Complaint for custody and a Conciliator Conference was heard on January 26, 1994, before Hubert X. Gilroy, Esquire. 5. At the Conciliator Conference, the parties were unable to agree to terms of custody and visitation and the Conciliator entered an Order directing that this matter be brought before this Honorable Court for hearing. 6. An interim Order has been entered, wherein the parties were awarded shared legal custody of the minor, children, and shared physical custody with Movant having custody from 5:00 p.m. on Friday through 7:30 a.m. Monday 2 .', " . " until such time that a hearinll is held in this matter. Respondent was awarded custody from Monday, 7:30 a.m. to Friday, 5:00 p.m. until such time that a formal hearinq was held in this matter. 7. A Hearing was scheduled for this matter on February 9, 1994 at 8:30 a.m. in the Court of Common Pleas for Cumberland County, before the Honorable JUdge Wes Ohler. 8. Counsel for the Movant was contacted by Legal Services in CUmberland County and was informed that Respondent has been unable to obtain counsel and desires that the hearing scheduled for February 9, 1994 be continued until such time that she procures counsel. 9. Movant believes, and therefore avers, that the natural mother's present residence, the YWCA Womens Shelter in Harrisburg, Pennsylvania, is an inappropriate and unstable environment for the children. 10. Movant can offer the parties children a warm, lovinq, quiet, stable living environment, includinq but not limited to separate sleepinq quarters complete with beds and a crib. 3 11~ Movant believes and therefore avers that the best interests of the parties minor children would be best served if he were to be awarded temporary, primary physical custody until such time that a new hearing is scheduled and the subsequent Order is entered in this matter. WHEREFORE, in light of the foregoing, the Movant respectfully requests that this Honorable Court grant his Motion for Interim custody order, and grant Movant primary physical custody and shared legal custody of the parties minor children, with mother having partial physical custody for purposes of visitation, until such time that a new hearing and subsequent Order is entered in this matter. " Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: ddnA '.^-v-i ~ i. /C{ql! , BY:I~ ~ _'A .\1\ tV' 6".....'\A..C .01 paige F. Macdonald, Esquire I. D. #66266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Movant) .- 4 . " SCOTT ENGLEBRIGHT, Movant : IN THE COURT OF COMMON PLEAS : ~BERLAND COUNTY, PENNSYLVANIA . . v. : NO. 177 CIVIL 1994 . . RACHEL E. HOOD, Respondent : CIVIL ACTION - CUSTODY . . CERTIFICATE OF SERVICE I, Paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the Motion for Interim custody Order in the .above-captioned matter was hand delivered, in the Court of Common Pleas of CUmberland county on February 9, 1994, on the following: Rachel E. Hood FARR & CUNNINGHAM, P.C. Date: ~.l!lf .....{. J:<';lJ'.ffi;'~J~1 . paige t. Macdonald, Esquire I.D. 1/66266 2320 North Second street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 " - DEFENDANT'S I EXHIBIT . RACHEL HOOD, . IN THE COURT OF COMMON PLEAS , Petitioner : DAUPHIN COUNTY, PENNSYLVANIA v. No. 115 S 1994 CIVIL ACTION - LAW SCOTT ENGLEBRIGHT, : Respondent : PROTECTION FROM ABUSE NOTICE TO PETITIONER OR WITNESS: IMMEDIATELY CALL THE POLICE (911) IF THE RESPONDENT VIOLATES THIS PROTECTIVE ORDER. PROTECTIVE ORDER AND NOW, this 28th day of January, 1994, upon finding that this Court has jurisdiction to hear this matter, Respondent, while neither admitting nor denying the specific allegations set forth in the Petition, agrees to entry of the following Order: 1. Respondent is prohibited from approaching, abusing, harassing, or threatening Petitioner, or placing her in fear of abuse, either physically or verbally, wherever she may be. 2. Respondent is prohibited from entering, attempting to enter, or remaining in the premises at Petitioner's current residence, except that Respondent is permitted to go to the YWCA (Harrisburg) at 5:00 p.rn, on Fridays and at 7:30 a.m, on Mondays, in order to piCk up/drop off the parties' minor children pursuant ~o the terms of an interim custody Order issued at the conclusion of a custody conciliation conference in Cumberland County. Should Respondent enter, attempt to enter, or remain Petitioner's . . premises at any other time in violation of this order, the Sheriff or local law enforcement agency shall forthwith eject him from the premises and place him under arrest for indirect criminal contempt, Should Petitioner choose to establish another residence in the commonwealth, Respondent shall also be excluded from that residence. 3, Respondent is prohibited from having any contact with Petitioner, including entering or telephoning Petitioner's home, school or place of employment, except for telephone contacts which pertain solely to the parties' minor children. Any other contacts believed by Respondent to be necessary shall be made either through legal counselor by non-threatening mail addressed to petitioner's home address. 4. Respondent is prohibited from stalking Petitioner as that term is defined in the Crimes Code, 18 Pa. C.S. 52709, 5. Respondent is directed to allow Petitioner to peacefully retrieve her personal possessions and those of the minor children from the residence located at 30 Stephen Road, Apartment No. 2D, Camp Hill, Cumberland county, Pennsylvania, with the aid of a police officer having appropriate jurisdiction, said police assistance being deemed necessary and appropriate by the Court in order to prevent the possibility of further abusive conduct and otherwise to enforce the intent of this protective Order. Respondent is hereby notified that, pursuant to 23 Pa, C.S. S6113(g), should he begin living with Petitioner contrary to " . the provisions of this Order, he may be in indirect criminal contempt punishable as set forth below. The consent of Petitioner for Respondent to visit or live with her shall not invalidate this Order or otherwise make it unenforceable. Respondent shall seek modification or termination of this Order before commencing or resuming any cohabitation with Petitioner. This Order shall be enforced by any law enforcement agency in any county where a violation has occurred. An arrest for violation of this Order may be without warrant upon probable cause whether or not the violation is committed in the presence of a police officer, 23 Pa, C,S. ~6l13(a). Prosecution for indirect criminal contempt shall not preclude prosecution for underlying criminal charges. Should the Court find that Respondent has violated one or more provisions of this Order, he will be adjudged guilty of jndirect criminal contempt and may be sentenced to pay a fine of up to one thousand dollars ($IOOO.OO) or serve a jail sentence of up to six (6) months, or both, and may include other relief. THl~ ORDER SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF ONE (1) YEAR FROM THE I ';)(9 19 qL! : ! .;..;:... c.glif',' that the forc~ ' '.' - (."::.: roct COr~\ of Ihi! original DATE OF ITS ENTRY. BY THE COURT: ~~j~~,-jI~~.lRI1! n. Sebastian . N ale :1. . '--'" ,"'\00 i'" l';l,)j( 16i~OlaIY- DISTRIBUTION Petitioner Respondent HArn5 b,,,'i f'r,1(c~,: ;:;1(, . . DAUPHIN COUNTY SOCIAL SERVICES FOR CHILDREN AND YOUTH COMMISSIONERS RUSSEll l. SHEAFFER. Chainman SALLY S, KLEIN ANTHONY M, PETRUCCI JOSEPH p, DOUGHER. M,S.S.W. DIRECTOR OF SOCIAL SERVICES JAMES E. HINKLE. M.P.A, ADMINISTRATOR RALPH A. MOYER. JR, HUMAN SERVICES DIRECTOR 25 South Front Street Harrisburg. Pennsylvania 17101-2025 Telephone: (717) 255-2870 FAX: (717) 257-1584 August 18. 1994 Mr. Scott Englebright 250 N. Enola Drive Enola, PA 17025 Dear Mr, Englebright: Thank you for your interest in parenting classes. You are enrolled in the Early Childhood S.T.E.P. class that starts on September 14, 1994, STEP is Systematic Training for Effective Parenting. The class meets on Wednesday evenings from 5:30-7:00 P.M. in Room 807 of the Dauphin County Human Services building. Your trainer will be Mr. Troy Johnson. Class sessions will end on November 2. 1994. If you attend class, complete the homework. and participate. you will receive a certili~on completion of the program. I I' YOll are interested in keeping the parent handbook. the cost will be $15.00. Please contact Mr. Johnson at 255-2870. extension 3046. if you cannot attend class. Since you are attending as a non-client member of the community, no additional paperwork will be completed. Sincerely, L\(I~ Ann K. Noonan Children, Youth, and Families Program Specialist AKN:mae , :,"";EXHIBrr 8 we AUTHORITY TO PAY COURT APPOINTED COUNSEL J~ 1. COURT o DISI"cl Juslice tl{ Common Pleas J, FOR 10 hC'P' APPELLATE) (. \ 6 IN THE CASE OF >, -+ ~ C' I 11';" ,{\ :)(".., ,-, ~::nr) t 'IS V\.l.ch~' \-lc.(,cl 9 PROCEEDINGS IOllCflbl b"lfly) C.L' !'~c>cl-~I ",-, (. .-'. o Appellale 0 oma, 4, AT \C,rv/STATEI '_, (., r I, -, I .' I (.} 7, CHARGE/OFFENSE lPURDON CITATIONI (\,~,-I C' (l ~ 11. PERSON REPRESENTED I ~o.l'nd."t. Adllll 2 0 DII'IId."" Ju..,nd. 3 0 App.IlIt'l' . 0 "DD'U" , :J H,beu P,t"IO"" . 0 ...,1".,1 W,l"." , 0 P"oI.. CI'I.,;.d WI'" v.~.hon . 0 P'ob,lro",' ChllOld WI'" YtCNhOl\ . 0 01"'" (,-/=1='0 ') 1'-4..-' ,...;, I.. APPEALS DOCKET NO PA I/cl'1 28.~1'~:~::1 I. 500"llur, 01 ,."...,.., Juag. . 0,," I~ L. I 'I (I 'i'( "',"' ,j' 10 PERSON REPRESENTED IFull Nlmol K(.( \\t' \ E ../"Ih'l He>od '6, NAME OF AnORNEY/PAYEE AND MAILING ADDRESS AMOUNTS CLAIMED MuIIIDty 1111 PI' hour Ilm,tlal,1 houlI 10 pbtaln .'n Cout1" com. pen..tlon. Enl., 101.1 below. c: C) -n ::>" ." - u:> .=.. Aoel 0.1" ItJr'~,\I'.! (111"( NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE ~"""!..l"""'''''( ,." -U\A'VI('r--""",- t.' ( ':L-\ LJ ~ " t C(~1" ~Jtt' ISA. TOTAL IN COURT COMP, .$ 70.oe::> MulltPIy rale per hour 11m.' 10111 hour.. Enler lolal .Out 01 Court- compentaUon below. 20A. TOTAL OUT OF COURT COMPo . $ Io.co 21A. TOTAL ITI!MIZED UP, .$ 23. GRAN -$ TOTAL CLAIMED '0, DO 19, SERVICE 17, TELEPHONE No, ;'~'1--r"~ D CLAIM FOR SERVICES OR EXPENSES HOURS OATES 2.. DEDUCT. PRIOR PVMTS. .$ 25, NET AMOUNT CLAIMED .$ 27, AMT, APPROVED -, (" D ..i.:ZJ ... 0:: => o " ~ I. Arralonmlnl ,ndlor PIli b Prlhmlnary Hlartng c. Mallon. .nd ReQUIII. d. Ball Hllring, II, SlnllnCI HllrtnO' I. TIIII g. R,vOCltion Hllrlng. h. Juvenile Hllring, L Appe"1 Court ~ OlhertSPlclfyonlddillonlllh.,"1 _ l': \t (. l\h',.,"'-:- TOTAL HOURS - /. 7 ,.:; . ,1,,> t1 'iL ,2 " 1Iv llSlill1'ERHOUR 20, .. Int,rvllwSlnd conl,rlne.. b. Obl.lning Ind r..,.lwtng recordl Co Laga' ,.Ie.rch .nd bnll w"llng d. lnv'IIDgali~ and olner work (Speedy on Iddillonallht.ts) ...... 00:: ...=> 58 TOTAL HOURS. ,,;!5 X S40 PER HOUR AMT. RER ITEM 21, ITEMIZATION OF REIMBURSABLE EXPENSES Mlea 8$.25 rmae X 0:: W :z: ... o 22, CERTIFICATION OF ATTORNEY/PAYEE Ha, complnsallon and/or reimbur..m.nt lor work In Ihl, CUI prevfoulty be,n appll.d lor? p::YES 0 NO II yes, were you paid'? C YES ~NO IfYI..bywhomweflyoup,ald1 How much? HISlh, person rep,...nled Plld Iny manly to you. or to your knowlldgl ,"yon, el.e.ln connecllon wilh the miner lor which you wlr. 'PPoinled 10 provldl rlpre"nll lon? C YES NO If y.a, glvI d.laila on Idditlonallhllll I sWlar or atlirm Ihe truth Or conectnlU /, t ~ .J / 'J 1:/ y of I". above slllemenls Slgnatutl 01 Attorney/PI.,.. 0111 Administrator at completion 01 service