HomeMy WebLinkAbout09-3196
ROBERT EDWARD NOEL, JR.,
Petitioner
V.
MICHELLE DAWN NOEL,
Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2009- 3196 CIVIL TERM
IN CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, this Jq day of 2009, comes ROBERT EDWARD NOEL, JR,
by his attorneys, Irwin & McKnight, P.C., Id presents the following Complaint for Custody.
1.
The Petitioner is ROBERT EDWARD NOEL, JR., an adult individual residing at 697
Bernheisel Bridge Road, Carlisle, Pennsylvania 17015.
2.
The Respondent is MICHELLE DAWN NOEL, an adult individual whose current
address is unknown. Her last known address as of May 14, 2009, was the same as Petitioner's,
697 Bernheisel Bridge Road, Carlisle, Pennsylvania 17015.
3.
The parties are the natural parents of two minor children, namely Madison Paige Noel,
born January 29, 2007, age 2'/2 years, and Jason Allen Noel, born August 14, 2008, age 9 months.
4.
Petitioner knows of no other person who has a right to custody or partial custody of the
child.
5.
Petitioner desires primary physical custody of the minor children and primary legal
custody with periods of visitation to Respondent as can be mutually arranged between the parties.
6.
Petitioner is requesting that the minor children remain in the care of Petitioner until the
Custody Conciliation Conference has been held.
7.
The best interest of the minor child requires that the court grant the Petitioner's request as
set forth above.
WHEREFORE, Petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the minor child and primary legal custody with periods of visitation
to Respondent as can be mutually arranged between the parties.
Respectfully submitted,
Date:
IRWIN & McKNIGHT, P.C.
By:
Matthew A. Mc fight, Esquire
Attorney for Petitioner,
Robert Edward Noel, Jr.
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I. D. No. 93010
VERIFICATION
I have read the statements made in the foregoing 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 unworn falsification
to authorities.
ROBERT EDWARD OEL, JR.
Date: , 2009
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ROBERT EDWARD NOEL, JR., : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHELLE DAWN NOEL 2009 - 31't6l CIVIL TERM
Respondent IN CUSTODY
PETITION FOR SPECIAL RELIEF
AND NOW, this 19'h day of May, 2009, comes the Petitioner, ROBERT EDWARD NOEL,
JR., by his attorneys, IRWIN & McKNIGHT, P.C., and makes the following Petition for Special
Relief against the Respondent, MICHELLE DAWN NOEL.
1.
The Petitioner is ROBERT EDWARD NOEL, JR., the natural father, who resides at 697
Bernheisel Bridge Road, Carlisle, Cumberland County, Pennsylvania 17015.
2.
The Respondent is MICHELLE DAWN NOEL, the natural mother, whose current
address is unknown. Her last known address as of May 14, 2009, was the same as Petitioner's,
697 Bernheisel Bridge Road, Carlisle, Pennsylvania 17015.
3.
The Petitioner is the natural father of two minor children, namely, MADISON PAIGE
NOEL, born January 29, 2007, age 2%2 years, and JASON ALLEN NOEL, born August 14, 2008,
age 9 months.
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4.
The Respondent, MICHELLE DAWN NOEL, is the natural mother of said children.
5.
The Petitioner has had continuous custody of the minor children during their lives.
6.
On or about May 14, 2009, the Respondent moved out of the family residence at 697
Bernheisel Bridge Road, Carlisle, Pennsylvania 17015.
7.
Upon information and belief, Respondent is currently employed by HD Supply at 1400
Distribution Dr., Carlisle, Pennsylvania 17015 as a laborer.
8.
The Respondent has threatened to pick up the children from day care, while the Petitioner
is at work, take them away from the family residence, and potentially remove them from the
jurisdiction of this Court.
9.
The Petitioner desires primary physical custody and primary legal custody of the children
with periods of visitation to Respondent as can be mutually arranged between the parties.
10.
A Custody Complaint was filed on May 19, 2009, requesting a Custody Conciliation
Conference be scheduled.
3
11.
No judge has ruled upon this case or any other issue in the same or related matter.
12.
The Respondent, Michelle Dawn Noel, could not be reached for her concurrence or non
concurrence to this petition.
13.
The best interests of the minor children require that they remain at the family residence in
the custody of their father, ROBERT EDWARD NOEL, JR.
14.
The Petitioner desires a temporary Order of Court granting him temporary custody of said
minor children until a Custody Conciliation Conference can be held.
WHEREFORE, Petitioners respectfully requests that this Honorable Court enter an
Order against the Respondent, barring her from removing said minor children from the custody
of Petitioner until further Order of Court.
4
Respectfully submitted,
IRWIN & McIC1IGHT P.C.
By:
Matthew A. {night, Esquire
Attorney for Petitioners
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 93010
Date: May 19, 2009
5
VERIFICATION
I have read the statements made in the foregoing 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.
ROBERT EDWARD OEL, JR.
Date: 5 92009
CERTIFICATE OF SERVICE
I, Matthew A. McKnight, Esquire, do hereby certify that on this 19'h day of May, 2009, a
copy of the Petition for Special Relief was served upon the following :
Michelle Dawn Noel
H D Supply
1400 Distribution Drive
Carlisle, PA 17015
IRWIN & McKNIGHT
11??Ilzrev-
Matthew A. M ight, Esquire
Supreme Court I.D. No: 93010
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Attorney for Plaintiff
OF THE ° h. lr "ARY
2009 r11W 19 PNI 1.,,: 28
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MAY 2 0 2009
ROBERT EDWARD NOEL, JR., : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHELL E DAWN NOEL 2009 CIVIL TERM
Respondent IN CUSTODY
ORDER OF COURT
NOW, this Z ` day of May, 2009, upon consideration of the attached Petition for
Special Relief, it is hereby Ordered as follows:
Petitioner, ROBERT EDWARD NOEL, JR., be granted immediate temporary
custody of lie minor children, MADISON PAIGE NOEL and JASON ALLEN NOEL, pending
the Custody Conciliation. Until the Custody Conciliation, the children are not to be removed
from the C mmonwealth of Pennsylvania or released to Respondent without the consent of the
Petitioner.
By the Court:
Judge
cc: ' Matthew A. McKnight, Esq.
Attorney For Petitioner
Ile Dawn Noel, Respondent
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ROBERT EDWARD NOEL, JR. IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELLE DAWN NOEL
DEFENDANT
2009-3196 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, May 21, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 18, 2009 at 9:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Jacqueline M. Verney, Esq,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabiiites 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
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ROBERT EDWARD NOEL, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
DAWN NOEL 2009 - 3196 CIVIL TERM
Defendant IN CUSTODY
TITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW
APPEARANCE
Peti ioner, MATTHEW A. McKNIGHT, Esquire, petitions this Court for leave to
withdraw s counsel for Plaintiff, ROBERT EDWARD NOEL, JR., in the above-captioned
matter and in support thereof avers as follows:
1. The Plaintiff is ROBERT EDWARD NOEL, JR., an adult individual residing at 697
Bernheisel ridge Road, Carlisle, Pennsylvania 17015.
2. On or about, May 18, 2009, Plaintiff retained Petitioner as counsel regarding custody
matters .
3. On May 20, 2009, Petitioner filed on Plaintiff's behalf, verified by Plaintiff, a Complaint
in custody, well as a Petition for Special Relief.
4. A Custody Conciliation Conference has been scheduled for Thursday, June 18, 2009,
9:30 a.m., at the 4`h Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania.
5. God cause exists under Rule 1.16(b)(4) of the Pennsylvania Rules of Professional
Conduct f Petitioner's withdrawal because fundamental disagreements have arisen between
Petitioner and Plaintiff with respect to the strategy, tactics and conduct of Plaintiff's case such
that adequate representation can no longer be provided by Petitioner to Plaintiff.
6. Sine the Custody Conciliation Conference is scheduled to take place in approximately
three weeks, Plaintiff will have ample opportunity to either obtain substitute counsel or prepare
his own representation at the upcoming conference.
7. Unl ss this Petition is granted, petitioner will incur severe hardship, as set forth more
particularly above.
WFWREFORE, petitioner requests that this Court grant his Petition for leave to withdraw
as counsel or Plaintiff.
Respectfully submitted,
IRWIN & McKNIGHT P.C.
By:
Matthew A. McKnight, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 93010
Dated: V J Y , 2009
VERIFICATION
read the statements made in the foregoing document and they are true and correct
to the best I 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
YC _..
MATTHEW A. IGHT
Date: Mays 29, 2009
CERTIFICATE OF SERVICE
I, the undersigned hereby certify that on this 29th day of May, 2009, a copy of the Petition
was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the
following:
Robert Edward Noel, Jr.
697 Bernheisel Bridge Road
Carlisle, PA 17015
Michelle Dawn Noel
HD Supply
1400 Distribution Drive
Carlisle, PA 17015
IRWIN & McKNIGHT, P.C.
Matthew A. McKni t, Esquire
Supreme Court I.D. No: 93010
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
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ROBERT EDWARD NOEL, JR.,
Petitioner
V.
MICHELLE DAWN NOEL,
Respondent.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2009 - 3196 CIVIL TERM
IN CUSTODY
AFFIDAVIT OF SERVICE
I, ROBERT EDWARD NOEL, JR., a competent adult, being duly sworn according to
law, depose and say that at approximately 3:34 p.m. on May 20, 2009, I personally served by
hand delivery to Michelle Dawn Noel, the Complaint for Custody in reference to the above-
captioned case as well as the Petition for Special Relief:
To: Michelle Dawn Noel
Place of Service: HD Supply
1400 Distribution Drive
Carlisle, PA 17015
I verify that the statements in this return of service are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to
unsworn falsification to authorities.
1=f?? d
Date: ?a 7
ROBERT EDWARD NOEL, A.
Sworn and subsc 'Aay
before me this ' of May 2009
Not Public COMMONWEALTH OF P NW I„V N
Notarial a"
Martha L. Noel, Notary Public
Carlisle Coro, Cumberland County
My Comrnlssion Expires Sept. 18, 2091
Member, Pennsylvania Association of Notaries
FILE11 i`;IL-E
20U9 W's'' 27 Nil 3, 1
ROBERT E. NOEL JR IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
V. No: 2009 - 3196
MICHELLE D. NOEL
Defendant : CUSTODY
PETITION FOR CONTINUANCE
AND NOW, comes the Defendant, Michelle D. Noel, in the above-captioned matter, by
and through her attorneys, MIDPENN LEGAL SERVICES, and files the following Petition for
a Continuance:
1. Plaintiff in the above-captioned matter is Robert E. Noel Jr, an adult individual
currently residing at 697 Bernheisel Bridge Road, Carlisle, PA 17013.
2. Defendant in the above-captioned matter is Michelle D. Noel, an adult
individual currently residing at 207 University Drive, Mount Alto, PA 17237.
3. On May 21, 2009 it was ordered that a Pre-Hearing Custody Conference must
take place on June 18, 2009 at 9:30 a.m.
4. On May 28, 2009 Defendant in the above-captioned matter, Michelle D. Noel,
obtained a Protection from Abuse Order against Plaintiff in the above-captioned matter, Robert
E. Noel Jr., after a hearing.
5. The Honorable, Guido, J also directed as part of the PFA-Order that temporary
custody be as follows:
a. Robert E. Noel has the children on a Friday, Saturday and
Sunday.
b. Michelle D. Noel will not take the children form day care during
the week from 5.30 a. m. to 3.30 p. m.
C. Michelle D. Noel and the children will be staying at her Parents'
house in Mont Alto, Franklin County, Pennsylvania.
d. Michelle D. Noel is not allowed to take the children out of
Cumberland or Franklin County.
e. This order supersedes any earlier orders.
The Order is attached as Defendant's Exhibit "A".
6. Defendant's undersigned Counsel will not be available for a hearing on June 18,
2009 at 9.30 a.m.
7. Defendant's undersigned Counsel did make contact with the Plaintiff's attorney,
Mr. Matthew McKnight and asked his consent to a continuance. Mr. McKnight informed
Defendant's undersigned Counsel that he was not, in principal, objecting to a continuance, but
that he might withdraw as Counsel of Record for Plaintiff.
8. Defendant's undersigned Counsel have not received a Notice to that effect from
Mr. McKnight.
WHEREFORE, Defendant prays this Court to grant a continuance.
Respectfully submitted,
l
y, Esquire
Abrahdrr09787
Attorney ndant
PA ID # 401 E. Lout
her Street, Suite 103
Carlisle, PA 17013
Tel: (717) 243-9400
Date:
FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF
FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA
13 Extended Order ? Amended Order NO. 2009-3195
Michelle Dawn Noel 6/17/1972
First Middle Last Suffix Plaintiff DOB
Name(s) of All protected persons, including minor child/ren and DOB.
Michelle Dawn Noel 6/17/1972
V.
DEFENDANT
Robert Edward Noel Jr.
First Middle Last Suffix
Defendant's Address:
697 Bernheisel Bridge
Carlisle PA 17013
CAUTION:
ri Weapon Involved
Weapon Present on the Property
Weapon Ordered Relinquished
DEFENDANT IDEN TIFIERS
DOB 6/24/1982 HEIGHT 5 ft. 9
in.
SEX Male WEIGHT 170
RACE White EYES Blue
HAIR Brown
SSN
DRIVERS
LICENSE #
EXP DATE STATE PA
The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable
notice and opportunity to be heard.
The Court Hereby Orders:
M71
Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found.
Except as provided in paragraph 4 of this order, Defendant shall not contact Plaintiff, or any other person protected under this
order, by telephone or by any other means, including through third persons.
?X Additional findings of this order are set forth below.
Order Effective Date May 28, 2009 Order Expiration Date May 28, 2012
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF
UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND
CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE
SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE
SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER
ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH
OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY
VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A
FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA
ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8).
bp4ek-147tJ's CA;?Ilf ,/I
Plaintiff or Protected Person(s) is/are:
[X) spouse or former spouse of Defendant
[X) parent of a child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ) child of Plaintiff
[ ] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ) sibling (person who shares parenthood) of Defendant
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and
location of the hearing scheduled in this matter.
Appearances by Parties and/or Counsel:
. Plaintiff.appeared personally and is represented by: Abraham Prozesky, Esq.
. Defendant appeared personally and is represented by: Matthew A. McKnight,
Esq.
AND NOW, this 28th Day of May, 2009 the court having jurisdiction over the parties and the subject-
matter, it is ORDERED, ADJUDGED and DECREED as follows:
This order is entered after a hearing and decision by the court. Without regard as to how the
order was entered, this is a final order of court subject to full enforcement pursuant to the Protection
From Abuse Act.
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would
reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place
where they might be found.
2. Except as provided in Paragraph 4 of this order, Defendant is prohibited from having ANY
CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order,
at any location, including but not limited to any contact at Plaintiffs or other protected party's school,
business, or place of employment. Defendant is specifically ordered to stay away from the following
locations for the duration of this order.
HD Supply/Crown Bolt
Distribution Drive
Carlisle PA 17013
3. Except as provided in paragraph 4 of this order, Defendant shall not contact Plaintiff, either directly or
indirectly, or any other person protected under this order, by telephone or by any other means,
including through third persons.
4. Temporary custody of the minor children:
1. Madison Paige Noel
2. Jason Allen Noel
shall be as follows:
• In accordance with the parties prior arrangement:
Defendant has children Tx0day, Th a , and S a
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5. The following additional relief is granted as authorized by §6108 of the AV.
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- The Defendant shall/not damage, destroy or dis ose of in any manner, any ProPet''
that is
( , ' k f v¢heds jointly Py th? partie or solely by he Plai of .
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6. (a) Because this order followed a contested proceeding, or a hearing at which Defendant was not
present, despite being served with a copy of the petition, temporary order and notice of the date, time
and place of the hearing, Defendant is ordered to pay an additional $100 surcharge to the court, which
shall be distributed in the manner set forth in 23 Pa C.S.A. §6106(d).
7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and
any other agency specified hereafter:
Pennsylvania State Police, Carlisle Barracks
Pennsylvania State Police, Chambersburg Barracks
8. All provisions of this order shall expire in 3 years on May 28, 2012.
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A
FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23
PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION
AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A
VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE
SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE
RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND
AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY
DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE
MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g).
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST
WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND
INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-
2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS
ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE
EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT
YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(g)(8).
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
The police and sheriff who have jurisdiction over Plaintiff s residence OR any location
where a violation of this order occurs OR where Defendant may be located, shall
enforce this order. The court shall have jurisdiction over any indirect criminal contempt
proceeding, either in the county where the violation occurred or where this protective
order was entered. An arrest for violation of paragraphs 1 through 4 of this order may be
without warrant, based solely on probable cause, whether or not the violation is
committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113.
Subsequent to an arrest, and without the necessity of a warrant, the police officer or
sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession
that were used or threatened to be used during the violation of the protection order or
during prior incidents of abuse and any other firearms in Defendant's possession.
The Sheriff of Cumberland County shall maintain possession of the firearms, other
weapons or ammunition until further order of this court.
When Defendant is placed under arrest for violation of this order, Defendant shall be
taken to the appropriate authority or authorities before whom Defendant is to be
arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and
signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are
not required to file the complaint.
If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned,
bond set, if appropriate and both parties given notice of the date oJ.Ai617e`a`AnR.
TRUE C(
In Testimony wl-
and the seal of
This .....0'....
Date
Distribution to:
Legal Services
Transmitted & Mailed to PSP
VERIFICATION
I, the Attorney for the above-named Defendant, Michelle D.
Noel, verify that the statements made in the foregoing Petition
for a continuance are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. §4904, relating to unsworn falsification to authorities.
Idol ?,.
Date:
Abr Prozsr v
ROBERT E. NOEL JR IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
V. No. 2009 - 3196
MICHELLE D. NOEL :
Defendant : CUSTODY
CERTIFICATE OF SERVICE
I, Abraham Prozesky, the undersigned, hereby state that I served a copy o£
1. A Petition for a Continuance, Verification and Order.
in the above-captioned matter upon Plaintiff :
A. by faxing the abovementioned papers to the Attorney for Plaintiff, Mr. Matthew
A. McKnight at fax no. 717-240-6248; and
B. by mailing, U.S. first class mail, postage prepaid to the Plaintiff at 697 Bernheisel
Bridge Road, Carlisle, PA 17013,
on June 15, 2009.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Ps.C.S. Section 4904, relating to
unworn falsification to authorities.
Date:
Abrahain froze ,Esquire
Attorney for efendant
PA ID # 209A7
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Tel: (717) 243-9400
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OF THE F"'. ? , lOTAIRY
2009 JUG 15 Fit 3: 5 2
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ROBERT EDWARD NOEL, JR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHELLE DAWN NOEL 2009 - 3196 CIVIL TERM
Defendant IN CUSTODY
AMENDMENT TO PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO
WITHDRAW APPEARANCE
Petitioner, MATTHEW A. McKNIGHT, Esquire, petitions this Court for leave to
withdraw as counsel for Plaintiff, ROBERT EDWARD NOEL, JR., in the above-captioned
matter and in support thereof avers as follows:
8. On May 21, 2009, the Honorable, Hess, J ordered that Plaintiff be granted temporary
custody of the minor children pending a custody conciliation conference. On May 28, 2009, the
Honorable, Guido, J, as part of a Protection from Abuse Order granted temporary custody as
follows:
a. Robert E. Noel has the children on a Friday, Saturday and Sunday.
b. Michelle D. Noel will not take the children from day care during the week from
5:30 a.m. to 3:30 p.m.
c. Michelle D. Noel and the children will be staying at her Parents' house in Mont
Alto, Franklin County, Pennsylvania.
d. Michelle D. Noel is not allowed to take the children out of Cumberland or
Franklin County.
9. Petitioner has left a message for Defendant's Attorney, Mr. Abraham Prozesky, regarding
his concurrence or non-concurrence but has not received a response.
WHEREFORE, petitioner requests that this Court grant his Petition for leave to withdraw
as counsel for Plaintiff.
4
Respectfully submitted,
IRWIN & McKNIGHT P.C.
Dated: 2009
By:
Matthew A. cKnight, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
717-249-2353
Supreme Court I.D. No: 93010
FIL?.?4-ti:) "'tCE
Or i}
2009 JUN 2S P J: 19
GUIhj',
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ROBERT EDWARD NOEL, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 09-3196 CIVIL
MICHELLE DAWN NOEL,
Defendant IN CUSTODY
IN RE: PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW
ORDER
AND NOW, this 2G` day of June, 2009, a rule is issued on the parties to show cause
why the relief requested in the within petition to withdraw as counsel ought not to be granted.
This rule returnable twenty (20) days after service.
BY THE COURT,
/--W V ---7- .
FILED-tICE
OF THE PROTH s
M9 JUN 26 Pit 3: 2 8
PENNSYLVANIA
ROBERT E. NOEL JR
Plaintiff
V.
MICHELLE D. NOEL
Defendant
In The Court of Common Pleas Of
Cumberland County Pennsylvania
: No: 2009 - 3196
: CUSTODY
CONCURRENCE WITH PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO
WITHDRAW APPEARANCE
AND NOW, comes the Defendant, Michelle D. Noel, in the above-captioned matter, by
and through her attorneys, MIDPENN LEGAL SERVICES, and states the following:
1. Plaintiff in the above-captioned matter is Robert E. Noel Jr., an adult individual
currently residing at 697 Bernheisel Bridge Road, Carlisle, PA 17013.
2. Defendant in the above-captioned matter is Michelle D. Noel, an adult
individual residing at 35 N. Hanover St., Apartment 5, Carlisle, Pennsylvania 17013 as of July
9, 2009.
3. As noted in Defendant's June 15, 2009 Petition for Continuance Defendant's
undersigned Counsel was aware of Mr. McKnight's declared intention to withdraw as Counsel
of Record.
4. Defendant's undersigned Counsel has no objection to Plaintiff's counsel's
petition.
WHEREFORE, Defendant prays this Court to grant the relief requested.
Respectfully submitted,
Jes? o Cy D. Hol?Jt, Esquire
Abraham Prozesky, Esquire
MidPenn Legal Services
Attorney for Defendant
401 E. Louther Street, Suite 103
Carlisle, PA 17013
Tel: (717) 243-9400
Date: -'. ? 015
BILE[
OF Ti I
2009 Ju _ --8 Pri 2: 2;a
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