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HomeMy WebLinkAbout03-3394NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF PATTY A. APPEL, Plaintiff V. MICHAEL G. APPEL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 03- 339y CIVIL IN CUSTODY COMPLAINT FOR CUSTODY NOW COMES the plaintiff, Patty A. Appel, by her attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is Patty A. Appel, the natural mother of the children who are the subject of this action (hereinafter referred to as "Mother"), an adult individual residing at 1437 Apple Circle, Apartment 190, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant is Michael G. Appel, the natural father of the children who are the subject of this action (hereinafter referred tows "Father"), an adult individual residing at 318 Taft Street, West Paterson, Passaic County, New Jersey, 07424. 3. Plaintiff Mother seeks primary physical custody of the following children: Name Present Residence Age Kristin Lee Appel 1437 Apple Circle Apartment 190 (DOB 4/11/1991), Age 12 Mechanicsburg, PA 17055 Lauren Elise Appel Same (DOB 5/21/1995), Age 8 Alanna Nicole Appel Same (DOB 10/14/2000), Age 2 4. Father and Mother are the natural parents of the children. 5. The children were born during the marriage of the natural parents. 6. The children are presently in the custody of Father since July 5, 2003 with the permission of Mother but previously the child resided with the following parties for the following specified periods: a. With Father and Mother between their birth and approximately January of 2001, when the parents' separated. b. With Mother only between January 2001 and May 2001, during the parents' separation. c. With both parents between May 2001 and October 2002 while the family resided in the State of Florida. d. With Father in New Jersey from October 2002 until December 2002 after the parents separated again. e. With Mother in Mechanicsburg, Cumberland County, Pennsylvania from December 2002 until the present. 7. The parties are currently married,, but are separated since October of 2002. 8. 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. 9. Plaintiff has no reliable information of any other custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 10. Plaintiffs does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 11. The best interests and permanent welfare of the children will be served by granting the relief requested herein because Mother has been the sole and primary caregiver for the children for the vast majority of their lives. Mother reluctantly agreed to permit Father to have a period of physical custody of the children in New Jersey for a period of four (4) days and thereafter agreed to permit Father to extend his period of custody of the children to a total of eight (8) days, but at the end of the agreed upon period of visitation, Father refused to return the children to Mother. 12. Mother's reluctance to permit Father to have an extended period of custody was due to her concern that Father would refuse to return the children to her custody. 13. Father expressly promised Mother that he would give his full cooperation and that he would return the children to Mother at the end of the agreed upon time period. 14. Plaintiff believes and therefore avers that it is in the children's best interests to remain in the primary custody of their mother and to limit Father's rights to partial custody to a set schedule that may be incorporated into an Order issued by this Honorable Court. 15. Mother believes and therefore avers that Father's actions concerning custody of the children are motivated by his desire to circumvent his obligation to pay child support, which Order is under the jurisdiction of this Court, and upon which Father current owes in excess of $2,900.00. 16. Mother believes and therefore avers that Father's actions will cause irreparable harm to the children who have already exhibited problems associated with being relocated to new homes. Mother has arranged for the parties middle child, Lauren, to receive counseling for these issues through her school. 17. The children have developed roots in this geographic area where they attended school for six months and where they have developed friendships with other children their own ages. 18. Mother has proven, by her actions in permitting Father to have multiple periods of visitation on each occasion where Father requested to see the children, is far better- suited to reinforcing and ensuring a meaningful relationship exists between the children and their Father. 19. Mother believes that the best interests of the children would be best served by an award of primary physical custody, Mother also believes that the children must continue to have a relationship with their Father, which she will encourage and facilitate with all reasonable efforts, and agrees that the Father should be permitted reasonable visitation and contact with the children. 20. Mother, however, fears that without an Order of Court regarding custody, that the Father will again refuse to return the children to her custody and will force Mother to pursue legal action to enforce her rights. 21. Entering an order granting temporary primary physical custody will permit the full adjudication of this matter, and will protect the children from suffering the negative repercussions that may ensue if proceedings extend into the beginning of the school year. 22. Mother seeks a temporary order of this Court to permit the situation to return to the status quo that existed prior to Father's patent refusal to return the children to her custody. WHEREFORE, Plaintiff Patty A. Appel, respectfully requests that this Honorable Court enter an order providing for shared legal custody of the children between the parties and an award granting primary physical custody of the children to her. Plaintiff furthermore requests that this Court enter an Order awarding Father, Michael G. Appel, rights to partial custody of the children. Furthermore, for the reasons set forth herein, Plaintiff respectfully requests that this Honorable Court enter a temporary Order that prohibits Father from again removing the children from the primary custody of Plaintiff pending hearing, conciliation or further Order of Court. July-(' , 2003 35 East High Street, Suites 201/202 Carlisle, Pennsylvania 17013-3052 (717) 243-6090 Supreme Court I.D. No. 87380 Respectfully submitted, VERIFICATION I do hereby verify that the facts set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. o: ?ts1 , 2003 c C C- - , ? _ c n o ' ?? PATTY A. APPEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. APPEL DEFENDANT 03-3394 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 17 2003 , 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, August 07, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Hubert X dwy Esq. v 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 dNH?r\ti??'N???V4i1? ?V nr{ Eo- i/-e, Eo--5/-e-, ?-o-P -C PATTY A. APPEL, Plaintiff/Defendant V. MICHAEL G. APPEL, Defendant/Plaintiff CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY COUNTER COMPLAINT FOR CUSTODY AND NOW comes the Defendant/Plaintiff, Michael G. Appel, by his attorneys, Irwin, McKnight and Hughes, and presents the following Counter Complaint for Custody. 1. The Defendant/Plaintiff, Michael G. Appel, is an adult individual with an address of 318 Taft Street, West Paterson, New Jersey 07424. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2. The Plaintiff/Defendant, Patty A. Appel, is an adult individual with an 1437 Apple Circle, Apartment 190, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of three (3) children, namely, Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and Alanna Nicole Appel, born December 14, 2000. 4. The Defendant/Plaintiff, Michael G. Appel, desires that the parties have shared legal custody of the minor children. 5. The Defendant/Plaintiff, Michael G. Appel, desires primary physical custody of the minor children with periods of temporary physical custody to Plaintiff/Defendant, Patty A. Appel, as the parties can agree is in the best interest of the children. 6. The Plaintiff/Defendant, Patty A. Appel, left the marital home in New Jersey to relocate to Cumberland County, Pennsylvania in December 2002, in order to reside with her boyfriend. Following a period of temporary custody with his three (3) children, the Defendant/Plaintiff, Michael G. Appel, did not return the children to their mother due to the following: A. The children did not want to return to their mother; and B. The children do not like their mother's boyfriend who has repeatedly inflicted excessive physical discipline on the children even using a belt to strike them. 7. The best interests and permanent welfare of the minor child requires that the Court grant the request of the Defendant/Plaintiff, Michael G. Appel, as set forth above. WHEREFORE, the Defendant/Plaintiff, Michael G. Appel, respectfully requests that he be awarded primary physical custody and shared legal custody of the minor children, as provided herein, with periods of temporary physical custody to Plaintifi.'/Defendant, Patty A. Appel. Respectfully submitted, By: Date: July 24, 2003 IRWIN, McKNIGHT Marcui A-1VIcn , III, so Attorney ;For Pla' iff 60 West Pomfr I Street Carlisle, Pennsy is 3. (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of thisraction. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MICHAEL G. APP L Date ,T7 J- 03 PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICAHEL G. APPEL, NO. 2003-3394 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Counter Complaint for Custody was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Nathan C. Wolf, Esquire Law Office of Harold S. Irwin, III 35 East High Street Carlisle, PA 17013 IRWIN, McKNIGHJ &; HUGHES By: Marcus r'11t McKnig, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 2:5476 Date: July 24, 2003 n c ; ?.. < T) !7 ?__ n1i _ f?,.Y G-; ?? ? l ` `J _-i ., c P'+ PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICAHEL G. APPEL, NO. 2003-3394 CIVIL TERM Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, MICHAEL G. APPEL, in the above captioned case. Respectfully submitted, IRWIN, M)ICNIGEJq& HUGHES By: 60 WesfPomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: July 24, 2003 PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICAHEL G. APPEL, NO. 2003-3394 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Nathan C. Wolf, Esquire Law Office of Harold S. Irwin, III 35 East High Street Carlisle, PA 17013 IRWIN, McK MGHT & HUGHES By: Marcufi A. Mht, III, Esquire 60 West Pomfre Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 24, 2003 c-, ?_, c: ?- TK r,, r., _ - rv rc -_ ? C: CiJ Cli PATTY A. APPEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHAEL G. APPEL, Defendant 03-3394 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of July, 2003, this matter having been called on a petition for special relief filed by Patty A. Appel, and the parties having reached an agreement to resolve that petition pending further litigation now scheduled by a conciliation conference on August 7, 2003, the following temporary order is entered: 1. This Court takes jurisdiction of this case. 2. Patty A. Appel and Michael G. Appel shall have joint legal custody of Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and Alanna Nicole Appel, born October 14, 2000. 3. Pending further order of court, the mother shall have the children from today until August 7th, and the father shall have the children from August 7th to August 24th. 4. Each parent who has the children in these periods will allow the children liberal telephone contact with the other parent. 5. No one other than any parent may exercise any physical discipline over the children. By t" W rt Edgar B. Bayley, J. a; ;Z..,s zs` :11 + Nathan c. Wolf, Esquire For Plaintiff Marcus A. McKnight, Esquire For Defendant sheriff prs PATTY A. APPEL, Plaintiff/Defendant V. MICHAEL G. APPEL, Defendant/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY COUNTER COMPLAINT FOR CUSTODY AND NOW comes the Defendant/Plaintiff, Michael G. Appel, by his attorneys, Irwin, McKnight and Hughes, and presents the following Counter Complaint for Custody. 1. The Defendant/Plaintiff, Michael G. Appel, is an adult individual with an address of 318 Taft Street, West Paterson, New Jersey 07424. 2. The Plaintiff/Defendant, Patty A. Appel, is an adult individual with an 1437 Apple Circle, Apartment 190, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties are the natural parents of three (3) children, namely, Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and Alanna Nicole Appel, born December 14, 2000. 4. The Defendant/Plaintiff, Michael G. Appel, desires that the parties have shared legal custody of the minor children. 5. The Defendant/Plaintiff, Michael G. Appel, desires primary physical custody of the minor children with periods of temporary physical custody to Plaintiff/Defendant, Patty A. Appel, as the parties can agree is in the best interest of the children. 6. The Plaintiff/Defendant, Patty A. Appel, left the marital home in New Jersey to relocate to Cumberland County, Pennsylvania in December 2002, in order to reside with her boyfriend. Following a period of temporary custody with his three (3) children, the Defendant/Plaintiff, Michael G. Appel, did not return the children to their mother due to the following: A. The children did not want to return to their mother; and B. The children do not like their mother's boyfriend who has repeatedly inflicted excessive physical discipline on the children even using a belt to strike them. 7. The best interests and permanent welfare of the minor child requires that the Court grant the request of the Defendant/Plaintiff, Michael G. Appel, as set forth above. WHEREFORE, the Defendant/Plaintiff, Michael G. Appel, respectfully requests that he be awarded primary physical custody and shared legal custody of the minor children, as provided herein, with periods of temporary physical custody to Plaintiff/Defendant, Patty A. Appel. By: Date: July 24, 2003 Respectfully submitted, =Mci GHES squire Attorney for Pla iff 60 West Pomfr t Street Carlisle, Pennsy is -3222 (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of thisraction. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Z/Ij?/ MICHAEL G. APP L Date Tv?y a?i??o3 PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICAHEL G. APPEL, NO. 2003-3394 CIVIL TERM Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Counter Complaint for Custody was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Nathan C. Wolf, Esquire Law Office of Harold S. Irwin, III 35 East High Street Carlisle, PA 17013 IRWIN, & HUGHES By: Marcus A, McKnig , Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: July 24, 2003 p vN f. _ l PATTY A. APPEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G.APPEL DEFENDANT • 03-3394 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 29, 2003 , 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, August 07, 2003 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /5/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 c; 7- Ee7'0- c h?nni?^n±nad ,ttn? I NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PATTY A. APPEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. MICHAEL G. APPEL, Defendant NO. 03-3394 CIVIL : IN CUSTODY ORDER OF COURT AND NOW, this -LZ day of A'Vkri6i03 upon consideration of the agreement of the parties in this matter, it is hereby ordered and decreed as follows: A. The parties shall have joint legal custody of the children. B. The parties shall have physical custody of the children as follows: 1. Father shall have primary physical custody of the parties' eldest child Kristin Lee Appel (born April 11,1991). Mother shall enjoy partial physical custody of the child on alternating weekends to coincide with Mother's weekends on which she has custody of the parties' two younger children. 2. The Mother shall have primary physical custody of the parties' two younger children, namely: Lauren Elise Appel (born May 21, 1995), Age 8, and Alanna Nicole Appel (born 10/14/2000), Age 2. Father shall enjoy partial physical custody of the younger two children on alternating weekends to coincide with Father's weekends on which he has custody of the parties' eldest child. C. The parties shall establish exchange times for weekends from time to time by mutual agreement. D. The parties shall share custody of the children on holidays by their mutual agreement. E. Transportation of the children to custody exchanges shall be shared by the parties, and in absence of their mutual agreement to the contrary, exchanges of custody shall occur in the Home Depot parking lot in the Allentown area on Interstate 78. F. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Ord J Distri on: athan C. Wolf, Esquire 11-warcus A. McKnight, III, Esquire BY T E COURT., , Edgar B. Bayley, Judge R 0S-?q-d3 .r ? ? ? , ??°; " ? ,,?C',? n ? ?_????'_: , r C?. ?, h AUG PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHAEL G. APPEL, : NO. 2003 - 3394 CIVIL Defendant : IN CUSTODY COURT ORDER if AND NOW, this day of August, 2003, the conciliator having conducted a custody conciliation conference and later being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, A-1-0 Hubert X. Gilroy/ Custody Concili o p mac:: x4 ,? -n J} 'I_ ,n MICHAEL G. APPEL, Defendant/Petitioner V. PATTY A. APPEL, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Michael G. Appel, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody: 1. The Petitioner, Michael G. Appel, is an adult individual with an address of 5398 Portman Drive, Noblesville, Indiana 46062. 2. The Respondent, Patty A. Appel, is an adult individual with an address of 18 Wayne Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of three (3) children, namely, Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and ALmna Nicole Appel, born October 14, 2000. 4. The parties are bound by an Order of Court dated August 13, 2003, issued by Judge Edgar B. Bayley, a copy of which is attached hereto and marked as Exhibit "A". 5. The Petitioner has reason to believe said minor children have been subjected to excessive corporal punishment by the Respondent as a means of disciplining said minor children. 6. The Petitioner desires that the Court Order the Respondent from using any type of corporal punishment as a means of disciplining said minor children. 7. The Petitioner, Michael G. Appel, desires an Order of Court prohibiting the Respondent, Patty A. Appel, from disciplining the children by means of any type of corporal punishment. 8. The Petitioner, Michael G. Appel, desires that he be granted primary physical custody of said minor children, with joint legal custody and periods of temporary custody to Respondent as the parties can agree is in the best interest of the children. 9. The best interests and permanent welfare of the minor children requires that the Court grant the request of the Petitioner, Michael G. Appel, as set forth above. WHEREFORE, the Petitioner, Michael G. Appel, respectfully requests that an Order of Court be entered prohibiting the Respondent from using any type of corporal punishment as a means of disciplining said minor children, and that Petitioner be granted primary physical custody of said minor children with joint legal custody and periods of temporary custody to Respondent as the parties can agree is in the best interest of the children. Respectfully submitted, IRWIN By: Tttoy McI t, III, Esquire r Plai mfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: August 18, 2005 Supreme Court I. D. No. 25476 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF PATTY A. APPEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 03-3394 CIVIL MICHAEL G. APPEL, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this JAday of 003 upon consideration of the agreement of the parties in this matte , it thereby ordered and decreed as follows: A. The parties shall have joint legal custody of the children. B. The parties shall have physical custody of the children as follows: 1. Father shall have primary physical custody of the parties' eldest child Kristin Lee Appel (born April 11,1991). Mother shall enjoy partial physical custody of the child on alternating weekends to coincide with Mother's weekends on which she has custody of the parties' two younger children. 2. The Mother shall :.3ve primary.physical custody of the parties' two younger children, namely: Lauren Elise Appel (born May 21, 1995), Age 8, and Alanna Nicoi,., Appel (born 1011412000), Age 2. Fattier shall enjoy partial physical custody of the younger two children on alternating weekends to coincide with Father's weekends on which he has custody of the parties' eldest child. C. The parties shall establish exchange times for weekends from time to time by mutual agreement. D. The parties shall share custody of the children on holidays by their mutual agreement. E. Transportation of the children to custody exchanges shall be shared by the parties, and in absence of their mutual agreement to the contrary, exchanges of custody shall occur in the Home Depot parking lot in the Allentown area on Interstate 78. F. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. H. The parties shall keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children is protected. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the children's love or affection for the other parties. J. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. K. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. BY THE COURT, Edgar B. ayley, Judge Distribution: Nathan C. Wolf, Esquire Marcus A. McKnight, III, Esquire TRUE COPY FROM RECORD In Testimony whereof, I. here unto set my hand and As seal. 'of sak Court aflCarlisle, Pa. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unshorn falsification to authorities. / MICHAEL G. APPEL Date: AUGUST 18, 2005 ? ?? e.6?'\ ?`?...5 S 1'? ?? ?Yl ?--- c?, ? r%Cn• a ?>?>, -,?5? ?} ,?yCl" C? } ? `'D PATTY A. APPEL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. MICHAEL G. APPEL DEFENDANT 03-3394 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 24, 2005 , 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, September 30, 2005 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing, FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Sheet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 y17IAII.Sll i. k-Dr! 0Z -, 'T dzQ, SZ'90 SCOZ ?a?SVPvV^lva ,-lHi d0 10;4: Q m1lj RECEIVED OCT 0 5 2005 J PATTY A. GUADALUPE, : IN THE COURT OF COMMON PLEAS f (formerly PATTY A. APPEL), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. 03-3394 CIVIL ACTION - LAW MICHAEL G. APPEL IN CUSTODY Defendant COURT ORDER AND NOW, this 196L day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled ' Courtroom No. 2 of the Cumberland County Courthouse on ,kn the ?- day of &ZU/M.W4 , 2005 at $: `1!5. a m. at which time ^*? chall ha +ti »a-• a h n testimony will be taken in the above case. a C J e ou and u m ourtroom o. o e umberland Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least rive (5) days prior to the mentioned hearing date. 3. Pending further Order of this Court, this Court's prior Order of August 13, 2003 shall remain in effect subject to the following modifications: A. Exchange of custody shall take place at the first exit into Ohio on Interstate 470, unless agreed otherwise by the parties. B. Over the upcoming Christmas holiday, the parties shall exchange custody of the minor children on December 26 and on January 1, with the older child going to be with Mother during the Christmas holiday and the younger two children going to be with their Father during the Christmas holiday. Unless agreed otherwise, the exchange time shall be noon on each date. C. Only the parents may administer corporal discipline for the children, and the parties shall ensure that no other individual is instituting corporal discipline. D. Both parties shall ensure that the other parent has reasonable telephone contact with the minor child/children when the parents have custody with one of the children. Cc: than C. Wolf, Esquire , Oarcus A. McKnight, III, Esquire l 1?,6 -`7 OFT w1 In, i PATTY A. GUADALUPE, (formerly PATTY A. APPEL), Plaintiff V. MICHAEL G. APPEL Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 03-3394 CIVIL ACTION - LAW IN CUSTODY Prior Judge: The Honorable Edgar B. Bayley CUSTODY CONCILIATION 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 children who are the subject of this litigation is as follows: Kristen Lee Appel, born April 11, 1991 Lauren Elise Appel, born May 21, 1995 Alanna Nicole Appel, born October 14, 2000 2. A Conciliation Conference was held September 30, 2005. Present were: The Father, Michael G. Appel, with his counsel, Marcus A. McKnight, III, Esquire The Mother, Patty A. Guadalupe, with her counsel, Nathan C. Wolf, Esquire 3. The existing custody situation is Father having primary custody of the oldest minor child with Mother having primary custody of the two younger children. Father is now also seeking primary custody of the middle child. Mother is unwilling to agree on that request and a hearing is necessary. However, the parties were able to agree on a couple minor modifications of the Order, and the Conciliator recommends an Order in the form as attached. i Date: /lJ -1 - 01 J U-1119 Hubert X,Gilroy, Esquire Custody Conciliator PATTY A. GAUDALUPE, IN THE COURT OF COMMON PLEAS OF (formerly PATTY A. APPEL), CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. APPEL, DEFENDANT 03-3394 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2005, the request of Michael G. Appel for "a general continuance of this case," IS DENIED. By the Court, /? Edgar B. Bayley, J. ?acy B. Wolf, Esquire For Plaintiff Marcus A. McKnight, III, Esquire For Defendant :sal \C? r } C N C` til C"} CJ ?.i .:Y . 1 aL \i CIL O U LU C-) C] 'il Q ) ? - N PATTY A. APPEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. APPEL, DEFENDANT 03-3394 CIVIL TERM ORDER OF COURT AND NOW, this Z W' day of December, 2005, Patty A. Appel and Michael G. Appel being the parents of Kristen Appel, born April 11, 1991, Lauren Appel, born May 21, 1995, and Alanna Appel, born October 14, 2000, and the father under a custody order of August 13, 2003, having primary physical custody of Kristen and the mother having primary physical custody of Lauren and Alanna, the following provisions are added: (1) During each summer school vacation periods, all three children shall be together with the father for a continuous period of four weeks and with the mother for a continuous period of four weeks, the dates to be set by the parents. (2) All exchanges shall be made at 1:00 p.m. on a Sunday. The parents shall remain in contact by cellular phone to facilitate these exchanges. (3) The parent having the children shall provide adult supervision when not present. (4) Neither parent shall alienate the children from the other. i By the Court, Edgar B. Bayley, J. }? th! E ^ CV r-. cl F. G.J ?^ ?:. 11.1.. 1., ?" ". ? e i _)? . ?? ??? L ? lJ.? ? L ,? CV t Stacy B. Wolf, Esquire For Plaintiff Marcus A. McKnight, III, Esquire For Defendant :sal PATTY A. (APPEL) GUADALUPE, Plaintiff/Respondent V. MICHAEL G. APPEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, this 2nd day of April, 2008, comes the Petitioner, Michael G. Appel, by his attorneys, Irwin & McKnight, and makes the following Petition for Special Relief against the Respondent, Patty A. (Appel) Guadalupe: 1. The Petitioner is Michael G. Appel, an adult individual who resides at 5398 Portman Drive, Noblesville, Indiana 46062. 2. The Respondent is Patty A. (Appel) Guadalupe, an adult individual who resides at 126 Martel Circle, Dillsburg, Pennsylvania 17019 3. The parties are the natural parents of three (3) children, namely, Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and Alanna Nicole Appel, born October 14, 2000. 2 4. The parties are bound by the following Orders of Court issued by Judge Edgar B. Bayley A. Order of Court dated August 13, 2003, marked as Exhibit "A". B. Order of Court dated October 18, 2005, marked as Exhibit "B". C. Order of Court dated December 21, 2005, marked as Exhibit "C". 5. The Petitioner has reason to believe the minor children, Lauren Elise Appel and Alanna Nicole Appel, have been subjected to excessive corporal punishment by the Respondent and her husband as a means of disciplining said minor children. 6. The Petitioner desires that the Court Order be modified to prohibit the Respondent and her husband from using any type of corporal punishment as a means of disciplining said minor children. 7. The Petitioner, Michael G. Appel, desires an Order of Court prohibiting the Respondent, Patty A. Appel, from disciplining the children by means of any type of corporal punishment. 8. The Petitioner, Michael G. Appel, desires that he be granted primary physical custody of said minor children, with joint legal custody and periods of temporary custody to Respondent as the parties can agree is in the best interest of the children. 9. The best interests and permanent welfare of said minor child requires that the Court grant the Petitioner's special relief requests as set forth herein by entering an Order indicating that the Respondent and her husband shall be prohibited from disciplining said minor children by means of any type of corporal punishment and granting Petitioner temporary physical custody of said minor children as the Court determines is in the best interest of said minor child pending the Custody Conciliation Conference. WHEREFORE, the Petitioner, Michael G. Appel, respectfully requests this Honorable Court to enter an Order indicating that the Respondent and her husband shall be prohibited from disciplining said minor children by means of any type of corporal punishment and granting Petitioner temporary physical custody of said minor children as the Court determines is in the best interest of said minor child pending the Custody Conciliation Conference. Respectfully submitted, IRWIN,A McKNIGHT By: Vm us. cKnight, III, Esquire ev r Petitioner 60 WesTPomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: April 2, 2008 4 EXHIBIT "A" AT!'PRN" li am 473" 39 WT M1f11 GTXR" CANNA M PA 17013 (71" 2 ATTC"KV IF" li.J11 4TWv PATTY A. APPEL., r a nuff V. NUCHABL CL APPEL, Dof n"nt IN THE COURT OF COMMON PLRA3 ONE s CUIIr11IWMAND COUNTY, PENNSYLVANIA 3 CIVIL ACTION - LAW r NO. 03-3384 CIVIL. i IN CUSTODY ORDER OF COURT AND NOW, this -LZdaY of Aoe-.2-603 upon consideration of the agreement of the parties in this (natter, k is hereby ordered and decreed as follows A. The parties shall have joint legal custody of the children. B, The parties shall have physical custody of the children as follow(. 1. Father shad have primary physical custody of the parties' eldmst chid Kristin Lee Appel (born Apr# 11.1891), Mother shall enjoy partial physics i custody of the child an alternating weekends to coincide with Mother's weekends on which " has crstady of the parties' two younger children. 2. The Mather shat have primary physical custody of 0* parties' two younger children, namey: Lauren Elise Appel (bom May 21, 1995). Age 8, and Alanna N'Ws Appel (born 10J14120), Age 2. l=athes shall enjoy partite physical custody of the younger two children on alternating weskenda to coincide whn Father's weekends on which he has custody of the pertiss' aidest child. C. The pates shall establish exchange i s for weekends from Otne to tine by MuWal agreement. 0. The parties shall share custody of the children on holidays by their rnutwl agreement. E. Transportation of the children to custody exchanges shall be shared by the partbs, and in absence of their mutual agreement to the contrary, exchanges of custody shall occur In the Home Depot padding lot in the Allentown area on Interstate 78. F. Any rnodifscoWn or waiver of arty of the provisions of the BW*wnsnt of the parties shell be offecbyet only ii made in writing and only If executed with the same ram-malty, of the agreement of the parties. G. The parties shall have reasonable telephone contact with the children while the children are in the other's cusWdy. H. The parties shag keep each other advised Immediately relative to any emergencies concerning the children and shall further take any necessary steps to insure that the health, welfare and well being of the children Is protected. 1. The parties shall do nothing that may estrange the dgldre n from the other partfea or hinder the natural development of the children's love or affoolon for the other parties. J. In the event of the W each of the agreement of the parties by any party, the nonbreaching party shell have the right to file a petition bx contempt of court and to seek specific performance of the tarrns of the agreement of the parties. Ali costs.. expenses and reasonable attorney fees Inairnsd by the successful party in any kitigation to obtain art order of contwgA or specifre partar nce of this agreerr wt shall be, recoverable as part of the judgrmnt entered by the court. K. The Court of Common Fleas of Cumberland County has jrmisdiction over these issues and shall retain such jurtet#"on should ckuumstarnces orange and any party desire further or raquire further modfication of said Ord f, By F. COURT, , ' Sdgw B. Baylay„ J DI tMn C, IMN. t„agWm Q` Ircus A. MAcl#rr, IN, Hstre io, EXHIBIT KB" RECEIVED OCT05200; PATTY A. GUADALUPE, : IN THE COURT OF COMMON PLEAS (formerly PATTY A. APPEL), : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. 03-3394 CIVIL ACTION - 1;AW MICHAEL G. APPEL IN CUSTODY , Defendant COURT ORDER AND NOW, this JA day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hears is schedu d in Courtroom No. 2 of the Cumberland County Courthouse on the day of I )- L; ] 1 Z X1 ,O , 2005 at Y'1'? . 64 m. at which time testimony will be taken in the above case. W.%A -m-uh-W-1 be-ove 1111110 T 11!g pall t.11 "Rd 911111 ttmonyr- Counsel-for-the:parties:.shall,-file^withRthe-Court«am* uh.,is.,scheduled iii--Courtroom--No-2-of -the--Cumber-lan& Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each wiliness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 3. Pending further Order of this Court, this Court's prior Order of August 13, 2003 shall remain in effect subject to the following modifications: A. Exchange of custody shall take place at the first exit into Ohio on Interstate 470, unless agreed otherwise by the parties. B. Over the upcoming Christmas holiday, the parties shall exchange custody of the minor children on December 26 and on January 1, with the older child going to be with Mother during the Christmas holiday and the younger two children going to be with their Father during the Christmas holiday. Unless agreed otherwise, the exchange time shall be noon on each date. C. Only the parents may administer corporal discipline for the children, and the parties shall ensure that no other individual is instituting corporal discipline. D. Both parties shall ensure that the other parent has reasonable telephone contact with the minor child/children when the parents have custody with one of the children. BY THE COURT 1 Edg4B.a ey , Judge Cc: Nathan C. Wolf, Esquire Marcus A. McKnight, III, Esquire EXHIBIT "C" PATTY A. APPEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. APPEL, DEFENDANT 03-3394 CIVIL TERM ORDER OF COURT AND NOW, this i? day of December, 2005, Patty A. Appel and Michael G. Appel being the parents of Kristen Appel, born April 11, 1991, Lauren Appel, born May 21, 1995, and Alanna Appel, born October 14, 2000, and the father under a custody order of August 13, 2003, having primary physical custody of Kristen and the mother having primary physical custody of Lauren and Alanna, the following provisions are added: (1) During each summer school vacation periods, all three children shall be together with the father for a continuous period of four weeks and with the mother for a continuous period of four weeks, the dates to be set by the parents. (2) All exchanges shall be made at 1:00 p.m. on a Sunday. The parents shall remain in contact by cellular phone to facilitate these exchanges. (3) The parent having the children shall provide adult supervision when not present. (4) Neither parent shall alienate the children from the other. By the Court, ' Edgar B. Bayley, J. anti r ?' T ...... c VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unshorn falsification to authorities. MICHAEL G. APPEL Date: APRIL 2. 2008 PATTY A. (APPEL) GUADALUPE, Plaintiff/Respondent V. MICHAEL G. APPEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, do hereby certify that I am this day serving a true and correct copy of the foregoing document upon the person, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same with the United States Post Office in Carlisle, Pennsylvania, postage prepaid, and addressed as follows: Patty A. Guadalupe 126 Martel Circle Dillsburg, PA 17019 IRWIN & McKNIGHT By: tsus A. III, Esq. t Pom le, P 7013 717-249-2353 Supreme Court I.D. # 70216 Attorney for the Petitioner Date: April 2, 2008 5 Q> h _ PATTY A. (APPEL) GUADALUPE, Plaintiff/Respondent V. MICHAEL G. APPEL, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-3394 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Petitioner, Michael G. Appel, by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody: 1. The Petitioner, Michael G. Appel, is an adult individual with an address of 5398 Portman Drive, Noblesville, Indiana 46062. 2. The Respondent, Patty A. (Appel) Guadalupe, is an adult individual with an address of 126 Martel Circle, Dillsburg, Pennsylvania 17019. 3. The parties are the natural parents of three (3) children, namely, Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21, 1995, and Alanna Nicole Appel, born October 14, 2000. 4. The parties are bound by the following Orders of Court issued by Judge Edgar B. Bayley A. Order of Court dated August 13, 2003, marked as Exhibit "A". B. Order of Court dated October 18, 2005, marked as Exhibit "B". C. Order of Court dated December 21, 2005, marked as Exhibit "C". 5. The Petitioner has reason to believe the minor children, Lauren Elise Appel and Alanna Nicole Appel, have been subjected to excessive corporal punishment by the Respondent and her husband as a means of disciplining said minor children. 6. The Petitioner desires that the Court Order the Respondent and her husband from using any type of corporal punishment as a means of disciplining said minor children. 7. The Petitioner, Michael G. Appel, desires an Order of Court prohibiting the Respondent, Patty A. (Appel) Guadalupe and her husband, from disciplining the children by means of any type of corporal punishment. 8. The Petitioner, Michael G. Appel, desires that he be granted primary physical custody of said minor children, with joint legal custody and periods of temporary custody to Respondent as the parties can agree is in the best interest of the children. 9. The best interests and permanent welfare of the minor children requires that the Court grant the request of the Petitioner, Michael G. Appel, as set forth above. WHEREFORE, the Petitioner, Michael G. Appel, respectfully requests that an Order of Court be entered prohibiting the Respondent and her husband from using any type of corporal punishment as a means of disciplining said minor children, Lauren Elise Appel and Alanna Nicole Appel, and that Petitioner be granted primary physical custody of said minor children with joint legal custody and periods of temporary custody to Respondent as the parties can agree is in the best interest of the children. Respectfully submitted, & McKNIGHT By: M cus McKnight, III, Esquire Att rney fo Plaintiff 60 st Po fret Street Carlisle, ennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: April 2, 2008 EXHIBIT "A" MATH" C. WOLF, "GUMB •TTOAdKV 10 00. 973M 34 R"T Mill STMET CAMWIA ?A 17013 47171 "S40N ATTOWAY FOX PLAYlTIIIr PATTY A. APPEL., : IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW Y. . s NO. 03.3394 CIVIL WCHARL !4. APPEL, i Dofendant ; tH CUSTODY ORDER OF COURT AND NOW, this day of ? ? ; 20©3 upon consideration of the _LZ agreement of the parties In this matter, 4 is hereby ordered and decreed as follows' A. The parties shalt have joint legal custody of the children. B, The parties shall have physical custody of the children as follows- 1 . Father shall have primary physL-al custody of the parties' oldest child Kristin Lee Appel (bom Aprff 11.1991). Mother shall enjoy partial physicsd custody of the child on alternating weekends to coincide with Mother's weekends on which she has custody of the parties' two younger children. 2. The Mother shall have primary physical custody of the parties' two younger children, namely; Lauren Elise Appal (born May 21. 1995). Age 8, and Alanna Nicole Appel (born. 1(3114/2000), Age 2. Father shall enjoy parttal phys" custody of the younger two children on alternating weekends td coincide with Father's weekends on which he has custody of the partias' eldest child. C. The parties shall establish exchange times for weekends from time to time by mutual agreement. D. The parties shall share custody of the children on holidays by their mutual agreement. E. Transportation of the children to custody exchanges shall be shared by the parties, and in absence of their mutual agreement to the contrary, exchanges of custody shad occur in the Home Depot parking lot in the Allentown area on Interstate To. F, Any Modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the Sarno formality, of the agreement of the parties. G. The parties shall have reasonable telephone contact with the children while the children are in the other's custody: H. The parties shall keep each other advIW immediately relative to any emergencies concerning the children and shall further take any necessary steps to Insure that the health, welfare and well being of the children is protected. 1. The parties shall do nothing that may estrange the children from the other parties or hinder the natural development of the childr*Ws love or affection for the other parties. J. in the event of the breech of the agreement of the parties by any party, the nonbrvaching party shall have the right to rile a petition for contempt of court and to seek specific performance of the term of the agreement of the parties. A71 costs, expenses and reasonable attorney fees Incurred by the successful party in any litigation to obtain art order of contempt or specific perfomtence of this agreement shall be recoverable as petit of the judgment entered by the court. K. The Court of Common Pleas of Cumberland County has jurisdiction over those k =ss and shag retain such jurisdiction should circumstances change and any patty desire further or require further modification of said Ord: D,?,Wrms A. W Wght. N1, E&gWrs err Y: moor, Edgar B. Bayley. Jud as-+q? EXHIBIT "B" RECE:IV[-- D 0(1- ii 5 ZOO' 1 PATTY A. GUADALUPE, IN THE COURT OF COMMON PLEAS (formerly PATTY A. APPEL), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. 03-3394 CIVIL ACTION - LAW - MICHAEL Ga . APPEL IN CUSTODY , ilk 'A , 4, r Defendant COURT ORDER AND NOW, this ? day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A heariliff is schedu d in Courtroom No. 2 of the Cumberland County Courthouse on the day of ffji) ? L jl.l) , 2005 at P/;)_. CZ m. at which time testimony will be taken in the above case. ttmony-r.-4COunseI-for•-the: parties.shall~file-with-the-Court-s" ieax-ing-,is.-scheduled'-in-Courtroom-.-No-2-of -the--Cumber-lancl, Geun4y Gomthanse all the day go _aL._._ Father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five (5) clays prior to the mentioned hearing date. 3. Pending further Order of this Court, this Court's prior Order of August 13, 2003 shall remain in effect subject to the following modifications: A. Exchange of custody shall take place at the first exit into Ohio on Interstate 470, unless agreed otherwise by the parties. B. Over the upcoming Christmas holiday, the parties shall exchange custody of the minor children on December 26 and on January 1, with the older child going to be with Mother during; the Christmas holiday and the younger two children going to be with their Father during the Christmas holiday. Unless agreed otherwise, the exchange time shall be noon on each date. C. Only the parents may administer corporal discipline for the children, and the parties shall ensure that no other individual is instituting corporal discipline. D. Both parties shall ensure that the other parent has reasonable telephone contact with the minor child(cl?ildren when the parents have custody Nvith one of the children. Cc: Nathan C. Wolf, Esquire Marcus A. McKnight, III, Esquire BY THE COURT Edgar B. ayley, Judge EXHIBIT "C" PATTY A. APPEL, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL G. APPEL, DEFENDANT 03-3394 CIVIL TERM ORDER OF COURT AND NOW, this day of December, 2005, Patty A. Appel and Michael G. Appel being the parents of Kristen Appel, born April 11, 1991, Lauren Appel, born May 21, 1995, and Alanna Appel, born October 14, 2000, and the father under a custody order of August 13, 2003, having primary physical custody of Kristen and the mother having primary physical custody of Lauren and Alanna, the following provisions are added: (1) During each summer school vacation periods, all three children shall be together with the father for a continuous period of four weeks and with the mother for a continuous period of four weeks, the dates to be set by the parents. (2) All exchanges shall be made at 1:00 p.m. on a Sunday. The parents shall remain in contact by cellular phone to facilitate these exchanges. (3) The parent having the children shall provide adult supervision when not present. (4) Neither parent shall alienate the children from the other. By the Court, ' Edgar B. Bayley, J. an i .??' VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unshorn falsification to authorities. MICHAEL G. APPEL Date: APRIL 2, 2008 (? V D2 T4 fi PATTY A. (APPEL) GUADALUPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-3394 CIVIL ACTION LAW MICHAEL G. APPEL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 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 Friday, May 16, 2008 at 8:30 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. 16 Custody Conciliator 10 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 , -11010 too ?.r ' APR 0 32008 /N PATTY A. (APPEL) GUADALUPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2003-3394 CIVIL TERM MICHAEL G. APPEL, Defendant/Petitioner IN CUSTODY ORDER OF COURT AND NOW, this day of April 2008, upon consideration of the attached Petition for Special Relief, a hearing is scheduled for the day of , 2008 at _. m. in Courtroom Number of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. By the Court: Judge cc: Marcus A. McKnight, III, Esq. Attorney For Defendant/Petitioner ? j-7 Patty Guadalupe, Plaintiff/Respondent l ko 00 t ts rnz, t (fc? I 'I is orti- -?'`1 .. c ^r??sZ c? } ~ M d C} f"- cl CC +et 0 N a PATTY A. (APPEL) GUADALUPE, Plaintiff v MICHAEL G. APPEL, Defendant Prior Judge: Edgar B. Bayley MAY S 3 2= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003-3394 IN CUSTODY COURT ORDER on& AND NOW, this at -I day of May, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 13# day of 2008 at 17:45a_.m. At this hearing, the father shall be the moving party and sh 1 proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Orders shall remain in effect subject to the following modifications: A. Father shall have custody of Lauren and Alanna while he is in Pennsylvania for the Custody Conciliation Conference from 4:30 p.m. on May 16 until 9:00 a.m. on May 18. B. Father's four weeks of custody for the upcoming summer shall be from July 20 through August 17. C. With respect to communication between the parties on scheduling of custody, father and mother shall speak with each other directly and shall not go through the child on scheduling issues. Both parties shall provide each other with a telephone contact number to facilitate this communication. D. Father shall maintain the ability to speak directly with the children via cell phone or otherwise for personal communications. a E. The mother shall insure that the prohibition with respect to the stepfather inflicting any corporal discipline on the children is enforced. F. Mother shall insure that the two minor children girls in her custody have reasonable telephone contact with the father at least once per week. BY Tlr LOUR' Judge Edgar B. cc: 'Michael A. McKnight, Esquire, Esquire ' -'Itacy B. Wolf, Esquire CO 1 F-S ,ylztLL S/,.QIda . 'T/n ra g7l. rn ? tF } i ?, ca PATTY A. (APPEL) GUADALUPE, Plaintiff v MICHAEL G. APPEL, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2003-3394 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 children who are the subject of this litigation is as follows: Kristin Lee Appel, born April 11, 1991, Lauren Elise Appel, born May 21 1994, and Alanna Nicole Appel, born October 14, 2000. 2. A Conciliation Conference was held on May 16, 2008, with the following individuals in attendance: The mother, Patty A. (Appel) Guadalupe, with her counsel, Stacy B. Wolf, Esquire, and the father, Michael G. Appel, with his counsel, Marcus A. McKnight, III, Esquire. 3. The father has primary custody of Kristin and the mother has primary custody of Lauren and Alanna. Father is suggesting that Lauren desires to come to live with him and is seeking primary custody of her. There are a few other minor issues with respect to scheduling and communication that were discussed at the Conciliation Conference and the Conciliator will address those in the Order which is attached. Date: Mays 1 , 2008 -' 21 Hubert X. V squire Custody C