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HomeMy WebLinkAbout92-2861 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Plaintiff, Respondent Civil Action At Law CUSTODY Case No, 92-2861 TIMOTHY D. MARPOE, SR. , VSo MICHELLE M, MOWERY, Defendant, Petitioner PETITION TO MODIFY CHILD CUSTODY ORDER I, Petitioner, is Michelle M. Mowery, who currently resides at 615 Walnut Bottom Road, Shippensburg P A 17257 in the County of Cumberland. 2. Respondent is Timothy D. Marpoe, Sr., who currently resides at 421 East King Street, Shippensburg, Pennsylvania 17257 in the County of Cumberland. 3. On the 3'e1 day of September 2000 a Court Order for custody was entered which granted Primary Physical Custody of the children to Father and Partial Physical custody to mother, a copy of which is attached hereto. 4. Since the entry of said Order, there has been a significant change in circumstances for the following reasons as hereinafter outlined, (a) Petitioner mother is now living in close proximity to the father which enables a greater degree of flexibility relative to custody exchanges as between the pallies, (b) Due to the close proximity of the parties' residences this allows petitioner to provide a greater degree of accommodations to the children, including but not by way of limitation, transportation, academic endeavors, as well as extra' circular activities. (c) Since the entry of the previous Order of Courl the father had expressed a willingness to expand mother's levels of custody with the children and then subsequently retracted his offer. (d) The children have on several occasions expressed a desire to spend more time with their mother. 5. The best interest of the children will be served by the Court in modifying said Order lor the aforementioned reasons, WHEREFORE, Petitioner prays this Court to allow the modification of the partial custody Order to grant petitioner mother Joint Physical Custody of the children. Respectfully submitted, v VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, Cons, Stat. 4904 relating to unsworn falsification to authorities. Date~ ~'1,o~Q. -{f\~J""'''' Mi elle M. Mowery, Petitioder SEP 2 0 2000 J' J: v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ' LAW NO, 92-2861 CIVIL IN CUSTODY TIMOTHY D. MARPOE, SR., Plaintiff MICHELLE M. MOWERY, Defendant COURT ORDER AND NOW, this SA. day of September, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of October 27, 1997 is vacated. 2. The Father, Timothy Do Marpoe, Sr., and the Mother, Michelle M. Mowery, shall enjoy shared legal custody ofTimothy D. Marpoe, Jr., born November 12, 1991; and Amber J. Marpoe, born October 12, 1993, Shared legal custody in this situation shall require that both parties share all relevant school, social and health information with the other parent and cooperate with the other parent with respect to items of significance in the children's lives with respect to educational, social, health, religious and other pertinent issues. 30 Father shall enjoy primary physical custody of the minor children. 4 Mother shall enjoy periods of temporary physical eustody of the minor children as follows: A. Alternating weekends from Thursday at 6:00 pom. until Monday when Mother shall deliver the children to school. B. At such other times as the parties agree, 5, The parties shall alternate physical custody of the minor children on holidays pursuant to a schedule worked out between the parties, 6, During the children's summer vacation from school, the parties shall alternate physical custody on a week to week basis. This shall begin the Sunday after the children are released from school and shall end the Sunday before the children return to school. 70 Effective November ISland assuming there is no recommendation to the contrary by the counselor who is currently working with the children and parties, Mother shall start exercising custody the Monday following the weekend that Father has custody, or at another weekday night that the parties may agreeo The time for that evening shall be from 6:00 porn. until 9:00 p.mo 80 Both parties shall have reasonable telephone contact with the minor children when they are in the custody of the other parent. 9, The parties may alter this schedule as they agree. Absent any agreement, this custody schedule shall control. 10, This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference, In the event either party desires to modify this Order, that party may petition the Court to have the case again scheduled for a Custody Conciliation Conference. 11. Mother's alternating weekends shall commence on September 21, 2000. 120 Mother is also directed to cooperate with the counselor who has been retained by the Father to work with the children, and Mother shall attend counseling sessions as directed by Dr. Schneider. '. BY THE COURT, ~,Ild / ~~ ~o:jJ. /0-1./-00 '?"'AS Jo cc: Harold S, Irwin, Esquire Marcus A. McKnight, Esquire ~- .. (q 1 ~ it- \) ...... ......... & lrJ P .c ~ r-- ~ r-,,-, C,:;:. c; ~ ,:,;:~ ':"..i'" -n ~ !:.- ~- -, .......", ~.,- 1- ...,;:.: j";~ ::,r (' ,- ,-,-"l U) (~ \ :7'~ . - ~:? (11 -' TIMOTHY Do MARPOE, SR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, 92-2861 CIVIL ACTION LAW MICHELLE M. MOWERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, January 21, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esqo at 4tb Floor, Cumberland County Courtbouse, Carlisle on Tbursday, February 24, 2005 , the conciliator, 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 priOle to scheduled hearing. FOR THE COURT. By: Isl Hubert X Gilrov. 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 betore the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HA YE 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 . ~ ~.# ~;V~ ~ j(/'tfr/ , ~7' ~'iM 7)t, 5(7/1(./ ~f fZ-o '-?l ~?W .06,7 -/C"fl ~0e ( 4?/~.# If? - , ''1/ - ~ f:C). "~~ .~, " ~.~ ::,; . ,;.~ . .~.;_~/_j :':-11 :10 j'~;:J:{o-'031[j , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA Plain tiff, Respondent Civil Action At Law CUSTODY Case No, 92-2861 TIMOTHY D. MARPOE, SR. , VS, MICHELLE M, MOWERY, Defendant, Petitioner STIPULA'fION FOR AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this d6 ~ day of ----------- 0,-" lo )_2005, by and between MICHELLE M. MOWERY, (hereinafter referred to as "Mother") and TIMOTHY 0, MARPOE, SR. (Hereinafter referred to as " Father" respectively). Shall replace all prior written and oral agreements. NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, MICHELLE M, MOWERY AND TIMOTHY 0 MARPOE, SR are the biological parents of the following children, by the names of Timothy D, Marpoe, Jr., and Amber J, Marpoe. hereinafter ( referred to as"Children"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children, NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The parties shall have Shared Legal Custody of the Children, 2, The parties shall have Joint Physical Custody of the children pursuant to the following schedule as hereinafter outlined. 3, Each party shall have alternating weeks with the children which shall commence on Sunday at 6:00 p.mo and continue to the following Sunday at 6:00 p.m. at which point the other party will then commence their week with the chiJdreno (a) The holidays shall take precedence over the regular periods of custody with the child. (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability, The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for hereino (d) The parties hereto intend to be legally bound by the terms of this agreement. (e) Neither party will remove the children from the Commonwealth of Pennsylvania unless it is for the purposes of summer vacation and provided that the custodial parent shall provide information regarding their destination, and all relevent phone numbers where the custodial parent may be contacted in the event of an emergency, (I) The receiving party of custody shall provide transportation relative to the custody exchanges between the parties to this agreement. (g) The parties hereto intend to be legally bound by the terms of this agreement. IN WITNESS WHEREOF. the parties heretoo intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. '\<'u.\\!~&~\, ~}.,,~~~ Michelle M. Mowery ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this e:JMiday of, ~:!,/wPf: , 2005 personally appeared before me the Subscriber, a Notary Public for state and County aforesaid, Michelle M, Mowery party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid J;uJ/.R. 0{1>'l)?Zol/ Notary Public {/ Notarial Seal I Anne Carmody, Notary Publlc I Mechanicsburg Bore, Cumberland County i',~'J Commission Expires Expires Mar. 11, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : s.s BE IT REMEMBERED, that on this {).~, day of, &. ~c 2005 personally appeared before me the Subscriber, a Notary Public for the Sta and County aforesaid, Timothy D. Marpoe, Sr. party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year afores MONWEAL TH OF PENNSYLVANIA NolaItal Sell Martha L Noel, "'*Y- CaltIsle!!Cllo. o..,boofllnd Caunly My Coo,., ......., EJqlIr8s Sepll8, 2llO7 Member, Pennsylvania Assoclatfon Of Notatfes 0 .... ~ (;:~ C-, "" ;;;-:' CJ" ~,,-, ;po ~:t1 n.1F" c:: ~ ' G') ,.- / - -om co 'n5=, ~f'; () .J'- -u -t:~\ .''::''C, ~._) .., ::;;: \';ooB 'j;:~; ~? CSrn 2-\ 2 v' ~ 0" '< ~ECEIVED AUG 122005'1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYL VANIA TIMOTHY D. MARPOE, SR. , Plaintiff, Civil Action At Law CUSTODY Case No. 92-2861 Respondent VS, MICHELLE M. MOWERY, Defendant, Petitioner ORDER OF COURT AND NOW, this 1(,' ,day of /-tv,.... v , 2005 upon presentation of the . foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and between Michelle M. Mowery, (mother) and Timothy D, marpoe, Sr, (father) relative to the custody of the child: Timothy D. Marpoe, Jr. and Amber J, Marpoe (hereinafter referred to as children) IT IS ORDERED THAT: (a) This agreement shall replace all any and all other previous Orders issued by this or any other Court relating to the Custody of the aforementioned child, I, The parties shall have Shared Legal Custody of the Children. 2. The parties shall have Joint Physical Custody ofthe children pursuant to the following schedule as hereinafter outlined. FILEI}-QFFICE OF THE PROTHONOTARY .... ZOOS AUG 16 Ptl 2: I 4 CVM8E.fiLAi ,i) ,)JUNTY PENNSYLVANiA 3. Each party shall have alternating weeks with the children which shall commence on Sunday at 6:00 p.m. and continue to the following Sunday at 6:00 porn. at which point the other party will then commence their week with the children. (a) The holidays shall take precedence over the regular periods of custody with the child, (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability, The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties, (c) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (d) The parties hereto intend to be legally bound by the terms of this agreement. (e) Neither party will remove the children from the Commonwealth of Pennsylvania unless it is for the purposes of summer vacation and provided that the custodial parent shall provide information regarding their destination, and all relevent phone numbers where the custodial parent may be contacted in the event of an emergency. (I) The receiving party of custody shall provide transportation relative to the custody exchanges between the parties to this agreement. BY THE COURT, v'rJ; a;\ o '/lJ J, TIMOTHY D. MARPOE, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 1992-2861 - CIVIL TERM MICHELLE M. MOWERY, DefendantJRespondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiffi'Petitioner, Timothy Do Marpoe, Sr., by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custodyo I. The Petitioner is Timothy Do Marpoe, Sr., an adult individual residing at 421 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Michelle Mowery, an adult individual residing at 615 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 172570 30 The parties are the natural parents of two (2) minor children, namely Timothy Do Marpoe, Jr., born November 12,1991, and Amber Jo Marpoe, born October 12,19930 3 40 The parties have had a series of custody Orders, the most recent are attached and made a part of this Petition: ao The Stipulation dated July 28, 2005; and bo The Court Order dated September 3, 20000 50 The son, Timothy D. Marpoe, Jr., has been struggling in school and has had serious confrontations with the Defendant. He now desires to live primarily with his fathero 60 The Petitioner desires primary physical custody of said child, Timothy Do Marpoe, Jro, with joint legal custody and periods of temporary custody to Respondent as the parties agree is in the best interest of said childo 70 The best interests and pennanent welfare of the minor child, Timothy D. Marpoe, Jro, requires that the Court grant the Petitioner's request as set forth aboveo 80 The Respondent has refused to pennit the children, Timothy D. Marpoe, Jr. and Amber J. Marpoe to reside with the Petitioner while she is on vacation without the children. 4 9. The Petitioner desires to have custody of both minor children, Timothy Do Marpoe, Jr., and Amber Jo Marpoe, while the Respondent is on vacation for a week in late October 2005. 100 The best interests and permanent welfare of the minor children, Timothy Do Marpoe, Jr. and Amber Jo Marpoe, requires that the Court grant the Petitioner's request as set forth aboveo WHEREFORE, Petitioner, Timothy D. Marpoe, Sro, respectfully requests that he be awarded primary physical custody and shared legal custody of his son, Timothy D. Marpoe, Jr., as provided herein, and that he be permitted to have custody of both children while the Respondent is on vacation for a week in late October 20050 Respectfully submitted, By: TC 'It Date: October 10, 2005 5 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 19900 For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our officeo All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. 2 If 1,1..'" r C (l, !Q H . 'n, 'fJ ""'" "n.n f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA TIMOTHY D, MARPOE, SR, , Plaintiff, Respondent Civil Action At Law CUSTODY Case No, 92-2861 YS. MICHELLE M. MOWERY, Defendant, Petitioner STIPULATION FOR AN AGREED ORDER OF CUSTODY THIS STIPULATION AND AGREEMENT entered into this C26 ~ day of ---" 0"'~) referred to as "Mother") and TIMOTHY D, MARPOE, SR. (Hereinafter referred to as 2005, by and between MICHELLE M. MOWERY, (hereinafter " Father" respectively), Shall replace all prior written and oral agreements. NOW THIS AGREEMENT WITNESSETH THAT: WHEREAS, MICHELLE M. MOWERY AND TIMOTHY 0, MARPOE, SR are the biological parents of the following children, by the names of Timothy 0, Marpoe. Jr. and Amber J, Marpoe. hereinafter ( referred to as"Chi/dren"), and WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of the children. NOW, THEREFORE, in consideration of the mutual promises, Covenants and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by and between the parties to this agreement. 1. The parties shall have Shared Legal Custody of the Children, 2, The parties shall have Joint Physical Custody of the children pursuant to the following schedule as hereinafter outlined, 3. Each party shall have alternating weeks with the children which shall commence on Sunday at 6:00 p,m, and continue to the following Sunday at 6:00 p.m, at which point the other party will then commence their week with the children. (a) The holidays shall take precedence over the regular periods of custody with the child (b) This agreement can be modified at any time to provide more custody to either parent but only upon the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms, conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for purposes of enforceability, The modification of this agreement, by mutual consent shall not be permanent nor binding unless and until a substituted written agreement is executed between the parties. (c) The modification of this agreement by mutual consent of the parties may be rescinded by either party at any time and the rescinding party can insist that the original terms, conditions and restrictions of this agreement shall be adhered to as provided for herein. (d) The parties hereto intend to be legally bound by the terms of this agreement. (e) Neither party will remove the children from the Commonwealth of Pennsylvania unless it ;s for the purposes of summer vacation and provided that the custodial parent shall provide information regarding their destination, and all relevent phone numbers where 1he custodial parent may be contacted in the event of an emergency. (f) The receiving party of custody shall provide transportation relative to the custody exchanges between the parties to this agreement. (g) The parties hereto intend to be legally bound by the terms of this agreement. IN WITNESS WHEREOF, the parties hereto. intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. Michelle M. Mowery COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : 50S BE IT REMEMBERED. that on this _ day of, , 2005 personally appeared before me the Subscriber, a Notary Public for the State and County aforesaid, Michelle M, Mowery party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year aforesaid Notary Public IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms ,~f, ~~t fort~ t~T~Jhandsand se~~ the day and year herein set forth, I', ~ :'_(_~t' ':"-<-'~ (Ii; 1(7.'1 I~l.--r.' '1',' -1 Timotiy D. Marp,oe, sf. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : 5,5 BE IT REMEMBERED, that on this :J. ~ ,day of, I} ~.. 2005 personally appeared before me the Subscriber, a Notary Public for the Sta and County aforesaid, Timothy 0, Marpoe, Sro party to this Agreement, known to me personally to be such, and she acknowledged the act of signing this Agreement. Sworn to and subscribed before me the day, month and year afores COMMONWSAl.TH OF peNNSY~VANIA _Seal Mar1ha L NoEl, Ndary N>IIc CaItisle 80m. c..rAloolaood CWnty My COmmission EJcpinls Sept. 18. 2lXJT Member. Peronsylvania Assodatlon Of NOt811e$ ~3EP :< fJ (Olin. TIMOTHY Do MARPOE, SRo, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELLE M, MOWERY, Defendant NOo 92-2861 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of September, 2000, upon consideration of the attached Custody Conciliation Rcport, it is ordered and directcd as follows: I. This Court's prior Order of October 27, 1997 is vacated, 2. The Father, Timothy Do Marpoe, Sr., and the Mother, Michelle Mo Mowery, shall enjoy shared legal custody of Timothy Do Marpoe, Jro, born November 12, 1991; and Amber Jo Marpoe, born October 12, 1993. Shared legal custody in this situation shall require that both parties share all relevant school, social and health information with the other parent and cooperate with the other parent with respect to items of significance in the children's lives with respect to educational, social, health, religious and other pertinent issues. 30 Father shall enjoy primary physical custody of the minor childreno 40 Mother shall enjoy periods of temporary physical custody of the minor children as follows: A. Alternating weekends from Thursday at 6:00 porno until Monday when Mother shall deliver the children to school. Bo At such other times as the parties agreeo 50 The parties shall alternate physical custody of the minor children on holidays pursuant to a schedule worked out between the partieso 60 During the children's summer vacation from school, the parties shall alternate physical custody on a week to week basiso This shall begin the Sunday after the children are released from school and shall end the Sunday before the children return to schoo I. 70 Effective November 1st and assuming there is no recommendation to the contrary by the counselor who is currently working with the children and parties, Mother shall start exercising custody the Monday following the weekend that Father has custody, or at another weekday night that the parties may agree. The time for that evening shall be from 6:00 p.mo until 9:00 porn. 8. Both parties shall have reasonable telephone contact with the minor children when they are in the custody of the other parent. 90 The parties may alter this schedule as they agreeo Absent any agreement, this custody schedule shall control. 10. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modifY this Order, that party may petition the Court to have the case again scheduled for a Custody Conciliation Conference. II. Mother's alternating weekends shall commence on September 21, 20000 12. Mother is also directed to cooperate with the counselor who has been retained by the Father to work with the children, and Mother shall attend counseling sessions as directed by Dr. Schneidero BY7~T' /5/ . din)/)) J, cc: Harold S. Irwin, Esquire Marcus A. McKnight, Esquire TRUE COpy FROM RECORD In TC6timony whereof, I he!'e unto set my hand and 1 e seal of soi9 Court at cart~e, Pa, ..,....::I....... ~y ~1..9cj;H.., ~(l , ,..Ji"..~Y!..'t. " Prothonotary L' TIMOTHY D. MARPOE, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELLE Mo MOWERY, Defendant NOo 92,2861 CIVIL IN CUSTODY Prior Judge: 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: 10 The pertinent information pertaining to the children who are the subject of this litigation is as follows: Timothy Do Marpoe, Jr., born November 12, 1991; and Amber 1. Marpoe, born October 12, 19930 2. A Conciliation Conference was held on September 15,2000, with the following individuals in attendance: The Father, Timothy D. Marpoe, with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michelle Mo Mowery, with her counsel, Harold So Irwin, III, Esquire. 3. The parties agree to the entry of an order in the form as attachedo q;;"!OD DATE Hgf{uO>~~ Custody Conciliator VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by counsel and myself in the preparation of this actiono I have read the statements made in this document and they are true and correct to the best of my knowledge, information and beliefo I understand that false statements herein made are subject to the penalties of 18 Pao CoSoAo Section 4904, relating to unsworn falsification to authorities. ~h)M'2t'~,J IMOT Y D. 00, SRo Date: October 10, 2005 "" 0 "~ .'_;:::l ., , ~ ;;-,'1 10 C) c.: 1-. ~ " -, . ~ ~ \ f ~ -',"' - ~ r::' .' ~ ~ , (<" ~ ..< .. '-J TIMOTHY D, MARPOE, SR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 92-2861 CIVIL ACTION LA W MICHELLE M. MOWERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, October 14,2005 .' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert Xo Gilroy, Esqo , the conciliator, at ,4th~,,,I,~,or'<:lJl1l~erl~"-II.,counlLfour.!~use,<;:~!:lisl~, on" ' ,F.':ill.~I,.I\'-oyel1l"erI8,2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort wi II be made to resolve the issues in dispute; or if this cannot be accomplishcd, 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 pelmanent 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 hearingo FOR THE COURT. By:, Isl Hubert X Gilroy, Es<]..., , ~1lu(t_ Custody Conciliator r' The Court of Common Pleas of Cumberland COUilty 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 COllrt, 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 hearlng. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE 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 170 I 3 Telephone (717)249-3166 . -r/ ~,,)/- .......~-t~5~.3/.01 ~~;Z ~ ~~ -5(23/17/ r;?:7f1/ y ~ ~ ~ r'9 5c?o.J/. if! ,;:",:(')1-\ .,/11,-, "10 ,-'! 11.1 8,1 1"0 rnnz '(.,1 ..;,.. ,,,"..J~ ltiG AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. 2 TIMOTHY D. MARPOE, SR. Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W 1992-2861- CIVIL TERM MICHELLE M. MOWERY, Defendant/Respondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes the Plaintiff/Petitioner, Timothy D. Marpoe, Sr.. by his attorneys, Irwin & McKnight, and presents the following Petition for Modification of Custody. 1. The Petitioner is Timothy D. Marpoe, Sr., an adult individual residing at 421 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Michelle Mowery, an adult individual residing at 615 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two (2) minor children, namely Timothy D. 11arpoe, Jr., born November 12, 1991, and Amber J. Marpoe, born October 12, 1993. 4. The parties have had a series of custody Orders, the most recent Order dated November 30, 2005 is attached hereto and made a part of this Petition: 5, The daughter of the parties, Amber J. Marpoe, has been struggling in school and has had serious confrontations with the Respondent. She now desires to live primarily with her father. 3 6. The Petitioner desires primary physical custody of said child, Amber J. Marpoe, with joint legal custody and periods of temporary custody to Respondent as the parties agree is in the best interest of said child. 7. The children of the parties, Amber J. Marpoe and Timothy D. Marpoe, Jr., would both reside with their father, Timothy D. Marpoe, Sf. 8, The best interests and permanent welfare of the minor child, Amber J. Marpoe, requires that the Court grant the Petitioner's request as set forth above. WHEREFORE, Petitioner, Timothy D. Marpoe, Sr., respectfully requests that he be awarded primary physical custody and shared legal custody of his daughter, Amber J. Marpoe, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: ,---- Date: January 26, 2007 4 EXHIBIT "A" .", . "~'\T\T~-<:};5.1 ! i .' ,,'q /j)J I IN THE COURT OF COMMON PLE~S't)F:::=:'-::C__:-'-'! CUMBERLAND COUNTY, PENNSYLVANIA NOV 2 8 2005 TIMOTHY D. MARPOE, SR., Plaintiff vs. : NO. 92-2861 CIVIL ACTION - LAW MICHELLE M. MOWERY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 30 day of November, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that all prior Custody Orders in this case are vacated and replaced with the following Custody Order: 1. The Father, Timothy D. Marpoe, Sr., and the Mother, Michelle M. Mowery, shall enjoy shared legal custody of Timothy D. Marpoe, Jr., born November 12, 1991, and Amber J. Marpoe, born October 12, 1993. 2. The Father shall enjoy primary physical custody of Timothy, and the Mother shall enjoy primary physical custody of Amber. 3. The parties shall exchange custody of the minor children on at least one weekend per month,. with Amber going to be with Dad on one weekend, and Timothy going to be with Mom on one weekend. The parties may expand this arrangement as agreed upon by the parties. 4. The parties shall follow the holiday custody arrangement consistent with their prior practice. 5. In the event either party desires to modify tt-1s Order, that party may petition the Court to have the case again scheduled with a Custody Conciliator for a conference. TRUE l,OPY FROM RECORD fft t98tirnony whef8or, I here unto set my hafto lAd 1b8 .., of said rt at Car.&iIe Pa. I . to . Cc: Gregory S. Hazlett, Esquire Marcus A. McKnight, III, Esquire BY THE COURT, 'Sf t!f~~-tVC ~ K-evin A. Hess, Judge .. . . TIMOTHY D. MARPOE, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 92-2861 CIVIL ACTION - LA \V MICHELLE M. MOWERY, Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess 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 infonnation pertaining to the children who are the subject of this litigation is as follows: Timothy D. Marpoe, Jr., born November 12, 1991 Amber J. Marpoe, born October 12, 1993 2. A Conciliation Conference was held on November 18, 2005, with the following individuals in attendance: The Father, Timothy D. Marpoe, Sr., with his counsel, Marcus A. McKnight, III, Esquire The Mother, Michelle M. Mowery, with her counsel, Gregory S. Hazlett, Esquire 2. The parties agreed to the entry of an Order in the fonn as attached. Date: It " ;J -; -- 0 J. VERIFICATION The foregoing document 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 unsworn falsification to authorities. &4 ~ f) f1t/. I lb. HMO BY>>. i~' Date: January 26, 2007 4 '~.'. -~ \....., ~ .......... ~ -"'oj 'J\ '^, ." \....... TIMOTHY D. MARPOE, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 92-2861 CIVIL ACTION LAW MICHELLE M. MOWERY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, January 29, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 23, 2007 at 3:00 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 hearinl!. FOR THE COURT. By: Isl fohn f. Mangan, fr., Esq. Custody Conciliator rP- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 HA VE 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 . wf ~/4Ifr Ar ~ Irka, ((1. (}[.I '. .;/,,7 t /Y- '7f' fl-, L(7- c:lC I ~~}tI Y .~ ~"rlt NBF{I ((h70 '~' :-.i/'J,iir'\ " ,',J ~7 -II !I" _ '" '. "v OS N'Jf LDDl TIMOTHY D. MARPOE, SR. PlaintiffJPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 1992-2861- CIVIL TERM MICHELLE M. MOWERY, Defendant/Respondent IN CUSTODY CUSTODY STIPULATION AND NOW, this_ day of , 2007, the parties, TIMOTHY D. MARPOE, SR. and MICHELLE M. MOWERY, hereby enter into the following Custody Stipulation and Agreement regarding their minor child, Amber J. Marpoe: 1. The Plaintiff, Timothy D. Marpoe Sr., is an adult individual with an address of 421 East King Street, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Michelle M. Mowery, is an adult individual with an address of 615 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of two (2) minor children, namely, Timothy D. Marpoe, Jr., born November 12,1991, and Amber J. Marpoe, born October 12, 1993. 2 4. The parties shall have shared legal custody of the minor children, Timothy D. Marpoe and Amber J. Marpoe. 5. The Plaintiff shall have primary physical custody of the minor children, Timothy D. Marpoe and Amber J. Marpoe, with periods of temporary physical custody to Defendant as the parties agree is in the best interest of said children. 6. The Defendant shall have temporary physical custody at times as agreed upon by the parties. 7. The parties shall provide for custody of said minor children, during all holidays pursuant to their best interest. 8. The parties shall keep each other advised immediately in the event of serious illness or medical emergency concerning the children, and shall take any necessary steps to ensure that the health and well-being of the children are protected. During such illness or medial emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the children. 3 9. The parties shall not do anything that may estrange the children from the other party, or injure the opinion of the children as to the other party, or hamper the free and natural development of the children's love and affection for the other party. 10. The parties may make such alternate arrangements regarding the physical custody of the children so long as they may mutually agree. The parties anticipate regularly varying from the terms of this Stipulation in order to accommodate the schedules of each other and the children. However, if the parties cannot reach a mutual agreement, the terms of this Stipulation and Order shall control. 11. Any modification or waiver of any other provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of the Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child who has resided in Cumberland County for more than six months and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 4 13. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of duress or undue influence. 14. Each party has had an opportunity to consult independent legal counsel of his or her own selection. Each party regards the terms of this Agreement as fair and equitable, and each has signed it freely and voluntarily without relying upon any representation other than those expressly set forth herein. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms set forth above, enter their hands and seals the date first set forth above. WITNESSETH: ~~~?~ (~< W,,-A~d~ . ~ c::> ~ J:) \t~ ~ ..f<H d~ TIM HYI~~E, SR. '1 II! . I II I 11 /J'j I /f /; I I :' i'!! l .. ,..il .,.,!~ I ' I '! :/ f! 'j , / I '/1 /'L, / (SEAL) CHELLE M. MO ERY C._._.,. (SEAL) 5 r--' ~~ -..) -. \0 co r---' v) .-.....-... ~- ~ ..:( -f1 f\\~ ~~\b () i.i-, 1')-^;~ ~'- 'i'-{"\ ~..~ -"f='" :,~ -0 :::r: - (...n .. y "* FEB 27200) / TIMOTHY D. MARPOE, SR. PlaintiffIPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 1992-2861 - CIVIL TERM MICHELLE M. MOWERY, DefendantIRespondent IN CUSTODY ORDER OF COURT ,- AND NOW, this~dayof ~ 2007, upon presentation and consideration of the attached Custody Stipulation and Agreement, it is hereby Ordered and Directed that it be entered as an Order of Court. ~e1le M. Mowery, Defendant/Respondent ~arcus A. McKnight, Ill, Esq. Attorney for Plaintiff By llie CO:J J. Ol-01 O~ j .' ., .'~' 'l,'v'\ . \,,'-_\/\~t h..J '1 \ : \ Hd ,- (\~\,1 L~GZ i'd\ii('I~';;'Y(";..\ :)! l\ ..10 ,,'w")J......,"\ '.'..../, i~~lj......tt..J ~n.J.. ...J ;':)\:\';]0- CEIl\:!