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HomeMy WebLinkAbout03-3356SEAN M. CONCANNON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?? 33 S?p KELLI M. KERN, DEFENDANT CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY Plaintiff Sean M. Concannon (hereinafter "Father") is an adult individual residing at 8 North Second Street, Wormleysburg, Pennsylvania 17043. 2. Defendant Kelli M. Kern (hereinafter "Mother") is an adult individual residing at Suite 201, 11 East Front Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Father seeks primary physical and sole legal custody of his daughter: C) a. Molly Elizabeth Concannon (Age 18 months; DOB 1/13/02) to iding with Father and maternal grandmother at 8 North Second Street, Wormleysburg, Peititsylvama 17043. = <i b. The child was born out of wedlock. 4. For the last twelve (12) months the child has resided with the following persons and at the following addresses: Dates Person/s Address 5/10/03 - Present Father and 8 North Second Street Paternal Grandmother Wormleysburg, PA 17043 12/28/02 - 5/10/03 Father and 8 North Second Street* Paternal Grandmother Wormleysburg, PA 17043 9/6/02 - 12/28/02 Father, Mother and 8 North Second Street Paternal Grandmother Wormleysburg, PA 17043 6/1/02 - 9/5/02 Father and Mother share Respective Homes equal time with child SEAN M. CONCANNON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2003-3356 CIVIL ACTION LAW KELLI M. GELWICKS Defendant IN CUSTODY ORDER OF COURT Or AND NOW, this - day of Q #n?u? , 201), upon consideration of the attached Custody Conciliation port, it is or ered and directed as follows: 1. The prior Order of this Court dated October 7, 2008 is vacated and replaced with this Order. 2. The parties shall submit themselves, their minor Child, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Arnold Shienvold PhD or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Child. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Child. All costs of the evaluation shall be shared equally between the parties. The parties shall contact the evaluator's office as promptly as possible following the custody conciliation conference to schedule the initial sessions. 3. The Mother, Kelli M. Gelwicks, and the Father, Sean M. Concannon, shall have shared legal custody of Molly Concannon, born January 13, 2001. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 4. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the Father shall have primary physical custody of the Child and the Mother shall have partial physical custody in accordance with the following schedule: A. The Mother shall have custody of the Child when she travels to Pennsylvania in January, 2012, on Monday, January 2, Wednesday, January 4 and Thursday, January 5 from 4:00 p.m. until 7:00 p.m. and from Friday, January 6 at 4:00 p.m. through Saturday, January 7 at 3:00 p.m. B. When the Mother travels to Pennsylvania in February 2012, the Mother shall have custody of the Child during the week of her visit on Monday and Wednesday from 4:00 p.m. until 7:00 p.m. and from Friday at 4:00 p.m. through Saturday at 7:00 p.m. The Mother shall provide the Father with at least two weeks advance notice of the specific dates for her February visit. C. Until the custodial evaluation is completed, the Mother shall have custody of the Child during her weekly visits to Pennsylvania every six to eight weeks, during the week on Monday and Wednesday from 4:00 p.m. until 7:00 p.m. and from Friday at 4:00 p.m. through the following Saturday or Sunday no later than 7:00 p.m. The Mother shall provide the Father with at least two weeks advance notice of the specific dates for her week-long visits to Pennsylvania. 5. The Mother shall have telephone contact with the Child every week on Tuesday, Thursday and Sunday at 8:00 p.m. for which the Mother shall initiate the telephone call to the Father's residential telephone number. The Mother shall also be entitled to contact the Child on Christmas Day at 8:00 p.m. The Father shall make the Child available for all scheduled telephone calls beginning with the first call on December 15. 6. Neither party shall use illegal drugs or expose the Child to pornography. The parties shall ensure that third parties having contact with the Child comply with this provision. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY , Edward E. Guido J. C') XM y rnr cc: ? Karl E. Rominger Esquire - Counsel for Mother _,r:...? Steven Howell Esquire - Counsel for Father .NOD X.. Oop,c's tea,/?? 1 ??JIa ?C') a e __J fn SEAN M. CONCANNON Plaintiff vs. KELLI M. GELWICKS Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3356 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Molly Concannon January 13, 2002 Father 2. A custody conciliation conference was held on December 15, 2011, with the following individuals in attendance: the Father, Sean M. Concannon, with his counsel, Steven Howell Esquire, and the Mother's counsel, Karl E. Rominger Esquire. The Mother, Kelli M. Gelwicks, who currently resides in South Carolina, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. ?vcl - &ZAnIA" 2 0, L.,4 OL?, Date Dawn S. Sunday, Esquire Custody Conciliator 5/1/02 - 5/28/02 Father and 8 North Second Street Paternal Grandmother Wormleysburg, PA 17043 ' For much of 2003 (12/28/02 - 5/10/03) the parties resided together at 11 East Front Street in Shiremanstown while the child resided with her paternal grandmother at 8 North Second Street in Wormleysburg, PA 17043. The child resided with the paternal grandmother because Mother was repeatedly admitted to in patient mental health therapy at Hershey Medical Center and Holy Spirit Hospital. A total of ten weeks from January 1, 2003 through April 30, 2003 was spent by Mother in these facilities. Since Father worked during the day, his mother provided the primary care during the days at her home in Wormleysburg. Father moved out of the Shiremanstown apartment on May 10, 2003. The Mother of the child is Defendant Kelli M. Kern. 6. The Father of the child is Plaintiff Sean M. Concannon. The relationship of the Plaintiff to the child is that of Father. 8. The relationship of the Defendant to the child is that of Mother. 9. Plaintiff has not participated as a party or witness or in any other capacity in other litigation concerning the custody of the child in this or another court other than as set forth below: a. Protection from Abuse Action: Father was granted a Temporary PFA Order on June 5, 2003 to Case Number 03 - 2636 in Cumberland County captioned as Concannon v. Kern. The court also granted temporary primary physical custody of the child with supervised visitation at the YWCA in Carlisle to Mother. The Order and Petition is attached hereto as Exhibit "A". A hearing on the permanent PFA Order is scheduled for July 18, 2003. b. The facts supporting the PFA are included in a criminal complaint attached hereto as Exhibit "B" which details two (2) assaults by the Defendant against the Father and the parties' child. A preliminary hearing on the two Simple Assault Charges is scheduled for August 8, 2003. The Affidavit of Probable Cause states: On Saturday, May 10, 2003, at approximately 1249 hrs. your Affiant responded to a 911 Active Domestic Incident. Upon arrival the victims, a Sean Concannon was holding his 15 month old daughter in the parking lot of the residence. Your Affiant observed lacerations to the neck and back of Sean Concannon, and a red mark below the right eye of their 15 month old daughter, a Molly Concannon. Mr. Concannon stated that the marks were a direct result of his girlfriend (Kelli M. Kern) scratching and slapping the baby and him. 2 10. Plaintiff has no information of a custody proceeding concerning the child pending in another court of this Commonwealth. A prior custody case was filed in Dauphin County to Docket Number 2393 CV 2002 with the Plaintiffs appearing as Kelli M. Kern and her parents Judith A. Kern and Carl G. Kern. The parties reconciled on September 6, 2002 and moved into the home of maternal grandmother in Cumberland County but the prior Order is attached as Exhibit "C". In addition, as shown on Exhibit "D", Mother and her parents positions were no longer compatible with the Order in Exhibit "C" and their attorney was compelled to file a Motion to Withdraw on October 3, 2002. It is Father's position that the prior Dauphin County action is essentially moot since the Mother, Father and child have not resided in Dauphin County for the last six (6) months. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have current custody or visitation rights of the child. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Mother is mentally unstable as shown by her recent in patient admissions at Holy Spirit Hospital and Hershey Medical Center. b. Mother suffers from serious depression and has been treated with electro shock therapy and powerful drugs. Mother has threatened to kill the child and herself. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff seeks an Order granting him primary physical custody and sole legal custody of the child with supervised visitation with Mother. Respectfully submitted, BY: 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Kelli M. Kern Suite 201 11 East Front Street Shiremanstown, PA 17011 Judy and Carl G. Kern 5703 Jonestown Road Harrisburg, PA 17112 Date: - /1 3 BY: - /St en Howell, KsqZi 4 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. BY: Oiler? SEA M. CONCANNON Date: 7 -lq -v3 Sean Michael Concannon, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. Kelli McKenzie Kern, Defendant NO. 03-" - CIVIL TERM PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on thel&day of?(1L1 2003, at ?m., in Courtroom No. ? on the 4'" Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. §2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. § 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford St., Carlisle, Pennsylvania 17013 Telephone Number: (717 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. 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. Sean Michael Concannon, for himself, and on behalf of the minor child, Molly Elizabeth Concannon, Plaintiff V. Kelli McKenzie Kern, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Kelli McKenzie Kern Defendant's Date of Birth is: August 21, 1981 Name(s) of All protected persons, including Plaintiff and minor children: 1. Sean Michael Concannon 2. Molly Elizabeth Concannon AND NOW, on 4th Day of June, 2003 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiffs school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiffs residence: 8 North Second Street, Wormleysburg, PA 3. Except for such contact with the minor child/ren as may be permitted under 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. 4. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. Molly Elizabeth Concannon Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Plaintiff shall have primary custody of the parties' child, and Defendant shall have periods of supervised visitation with the child at the YWCA, Carlisle, PA, at times mutually agreeable to the parties. The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 5. The following additional relief is granted: - Defendant is prohibited from having any contact with Plaintiffs relatives and Plaintiffs child listed In this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child. - Defendant shall not damage or destroy any property own jointly by the parties or solely by the Plaintiff. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: West Shore Regional Police 7. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 8. THIS ORDER SUPERSEDES ANY PRIOR ORDER RELATING TO CHILD CUSTODY 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL DECEMBER 4, 2004 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. §6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S. §6113. Defendant is further notified that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. §§2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY T E OURT: // Judge _`o . ' C7[3- ----- -. Date Distribution to: MidPenn Legal Services Faxed & Mailed to PSP TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of sai Court at Carlisle, Pa. p thonatary PFAD Number: HG 16899295 Sean Michael Concannon, for himself, and on : IN THE COURT OF COMMON behalf of the minor child, Molly Elizabeth : PLEAS OF Concannon, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : No. Kelli McKenzie Kern, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Sean Michael Concannon 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself - and as Parent of minor Plaintiff(s) 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Sean Michael Concannon b. Molly Elizabeth Concannon 4. Plaintiffs Address is: 8 North Second Street, Wormleysburg, PA 17043 5. Defendant's Name is: Kelli McKenzie Kern 6. Defendant is believed to live at the following address: 11 East Front Street , Shiremanstown, PA 17011 7. Defendant's Date of Birth is: August 21, 1981 8. Defendant's Place of employment is: United Concordia, Linglestown Road, Harrisburg, PA 9. Defendant is an adult. 10. The relationship between the Plaintiff and the Defendant is: Parents of the same children Persons who live or have lived like spouses 11. The Plaintiff and the Defendant been involved in the following court actions: a. Custody 12. Other details of the court action are: Dauphin County, PA, 2393-CV-2002-CU 13. The defendant has been involved in a criminal court action. 14. Plaintiff and Defendant are the parents of the following minor child/ren: a. Molly Elizabeth Concannon Age:lyear Child's address is: 8 North Second Street, Wormleysburg, PA 17043 15. There is an existing court order regarding the custody of the Plaintiffs and Defendant's minor children. The terms of the order are: Defendant has primary custody and Plaintiff has partial custody limited to one day and four hours a week, but the parties have not followed this order since approximately 8/2002, when Defendant gave Plaintiff primary custody of the child. County: Dauphin State: PA 16. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. Molly Elizabeth Concannon For the past 5 years, this child has lived with: Plaintiff and Claire Concannon (Plaintiffs mother), 8 North Second Street, Wormleysburg, PA, from about 4/2003 - present. Plaintiff, 11 East Front Street, Shiremanstown, PA, from about 1/2003 - 4/2003. Plaintiff and Claire Concannon, 8 North Second Street, Wormleysburg, PA, from about 8/2002 -1/2003. Defendant and Carl and Judy Kern (Defendant's parents), Jonestown Road, Harrisburg, PA, from about 3/2002 - 8/2002. Plaintiff and Defendant, and Claire Concannon, 8 North Second Street, Wormleysburg, PA, from about 1/13/2002(DOB)- 3/2002. In the time period between 1/2003 and 4/2003, Defendant was treated for mental disorder on an in-patient basis at Holy Spirit Hospital, during which time, Plaintiff was the primary care-giver of the infant. Defendant was allowed home-visits of a one to two day duration. During these visits, the parties' infant daughter stayed at the residence of Claire Concannon, the paternal grandmother. When Defendant returned to the hospital, the infant returned to Plaintiffs residence. 17. The facts of the most recent incident of abuse are as follows: On about Thursday, May 29, 2003 at approximately 12:OOPM location: Plaintiffs residence: 8 North Second Street, Wormleysburg, PA. During a supervised visit with parties' infant daughter (supervised visits were necessitated by Defendant's unstable mental health history and behavior which adversely affected the child as recently as 5/2003, when she threatened to kill both of them), Defendant was suddenly enraged and screamed at Plainitiff, up close and in his face, "She's my fucking kid; you can't stop me from taking her." This caused Plaintiff to fear that Defendant would take the infant and he would not see her again. It also caused Plaintiff to fear that Defendant would physically harm him and their infant daughter as she had in the past on several occasions. Since this incident, Defendant called Plaintiff approximately 20 times a day. As resently as 5/30 and 5/31/2003, Defendant threatened Plaintiff by phone, that he would not see their infant daughter, Molly, again. Plaintiff feared that Defendant would remove the child from the jurisdiction of the court. 18, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor children, (including any threats, injuries, or incidents of stalking) are as follows: On or about 5/10/2003, at Defendant's residence, 11 East Front Street, Shiremanstown, PA, Defendant argued with Plaintiff, screamed at him up close and in his face and waved her harms menacingly causing Plaintiff to fear that.she would physically harm him and the parties' infant daughter. Defendant pushed Plaintiff several times, threw a VCR which smashed near him on the floor. Plaintiff called the police. While making the call, Defendant punched Plaintiff approximately 20-30 times, causing him injury. Plaintiff restrained Defendant on the counch, until she calmed down, and he released her. While Plaintiff spoke on the phone to the police, Defendant screamed menacingly at Plaintiff. Plaintiff carried the infant from the apartment to the hall, where he continued talking on the phone to the police. Defendant punched infant in the face injuring her. Defendant threatened to kill herself and the parties' infant, Molly. Defendant was charged with simple assault. On or about 4/25/2003, at the parties' residence, 11 East Front Street, Shiremanstown, PA, Defendant was angry with Plaintiff, screamed menacingly at him up close and in his face, and punched him several times. Plaintiff called the police. Defendant kicked a hole in the bathroom door, screamed in Plaintiffs face, and waved her hands wildly, menacing him. Defendant struck Plaintiff, and he restrained her. Defendant calmed down, and Plaintiff released her. Defendant struck Plaintiff and left the scene with her mother. On or about February 27, 2003, at parties' residence, 11 East Front Street, Shiremanstown, PA, Defendant was angry with Plaintiff. Defendant screamed menacingly at Plaintiff up close and in his face, pushed, shoved, punched, slapped, and kicked him. Plaintiff restrained Defendant and called the police. Defendant calmed down; Plaintiff released her, and he left the apartment to continue talking on the phone with the police. Defendant then attacked Plaintiff with a butcher knife, with a ten to twelve inch blade. Plaintiff retreated down the hall stairs. Defendant was removed from the premises by the police. Since the birth of the parties' child, 1/13/2002, Defendant has suffered from and has been treated for multiple psychological disorders, including, but not limited to, the following: postpartum depression, bi-polar disorder, and borderline personality disorder. Defendant has been treated on an in-patient and out-patient basis for these disorders at institutions, including but not limited to Hershey Medical Center and Holy Spirit Hosipital. Defendant threatened the life of Plaintiff and their child on several occasions and has threatened to remove child from the jurisdiction of the court. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: West Shore Regional Police 20 There is an immediate and present danger of further abuse from the Defendant. 21. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stallcing Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Plaintiff shall have primary custody of the parties' child, and Defendant shall have supervised visitation with the child at the YWCA, Carlisle, PA, at times mutually agreeable to the parties. c. Prohibit Defendant from having any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through. third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. d. Prohibit Defendant from having any contact with Plaintiffs relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Order the following additional relief, not listed above: Defendant shall not damage or destroy any property own jointly by the parties or solely by the Plaintiff. f. Grant such other relief as the court deems appropriate. g, Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully submitted, Carey, Attomey f laindff Philip C. Briganti, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unswom falsification to authorities. Dated: Sean 14 ichael Concannon, Plaintiff COMMONWEALTH OF PENNSYLVANIA POLICE COUNTY OF:Cumberland CRIMINAL COMPLAINT yin aterial District Number' 09-1-01 - DbmaJuslicaNature .Hon. COMMONWEALTH OF PENNSYLVANIA Charles A. Clement Vs. Address 400 Bridge Street DEFENDANT: New Cumberland, Pa 17070 F- NAME and ADDRESS Telephone. (717)774-5989 I Kelli Mackenzie Kern Docket No.: CR-0000202-03 11 East Front St. Suite 201 Shiremanstown, Pa 17011 Date Filed: 5/12!03 I L? ? OTN: H 664772-3 Defendant's RaaerEOn,ciN Defendant's Sex Defendant's D.O.B . Defendant's Social Security Number Defendants SID (State Identdicalwn Number) ® While ? Blatlr M Female D Asian ? Native American D Male 8/22/81 187-62-0750 D Hispanic ? Unknown Defendan's AKA (also krovm as) Defendant's Vehicle Information Defenda nt's Drivers License Number Plata Number Slate Registration Sttcker (Mvi Slate I I Pa i 25749631 Compla rt/Inaders Number ComplainVlnodent Number if other Participants UCWNIBRS Coda 03-179 460 District Attorney's Office ? Approved ? Disapproved because: (The district attorney may require that the complaint, ar rest warrant affidavit, or both be approved by the attorney for the Commonwealth prior to filing. Pa. R. Cr. P. 107.) (Name of Attorney for Commonwealth-Please Print or Type) (Signature of Attorney for Commonwaalth) (Data) I, Jerry E. Barnes 21-6 (Name of Afhanl-Please Print or Type) (ORcsr Badge Numbehl.D,) of Shiremanstown Police Pa02110 (Identify Department or Agency Represented and Pol itical Subdivision) (Police Agency or Oct Number) (Originating Agency Case Number (OCA)) do hereby state: (check appropriate box) 1. ® I accuse the above named defendant who lives at the address set forth above ? I accuse the defendant whose name is unknown to me but who is described as ? I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I have therefore designated as John Doe with violating the penal laws of the Commonwealth of Pennsylvania at 11 East Front St. Suite 201 (Place-Polilical Subdivision) Shiremanstown, Pa 17011 in Cumberland County on or about Saturday. May 10, 2003 @ 1249 hrs Participants were: (if there were participants, place their names here, repeating the name of the above defendant) Kelli Mackenzie Kern, Sean M Concannon Molly Concannon AOPC 412A- 11124/99 -%\ /I J 1-2 011 ,v iuu ?uouu„ u, nu. c/ Defendant's Name:Kelli Mackenzie Kern POLICE Docket Number: CR-202-03 ..& CRIMINAL COMPLAINT 2. The acts committed by the accused were: (set forth a summary of the facts sufficient to advise the defendant of the nature of the offense charged. A citation to the statute allegedly violated without more, is not sufficient. In a summary case, you must cite the specific section and subsection of the statute or ordinance allegedly violated.) Title 18 Pa. C.S.A. CHAPTER 27 Sub Section 2701 Simple Assault (a) 1, 3 IN THAT, on or about said date, THE DEFENDANT did attempt to cause or intentionally, knowingly or recklessly causes bodily injury to another, attempts by physical menace to put another in fear of imminent serious bodily injury, in violation of Title 18 Section 2701, and in violation of Title 23 Section 6102 all of which were against the peace and dignity of the Commonwealth of Pennsylvania and contrary to the Act of Assembly, or in violation of 2701 (a) 1,3 of the Title 18 2 (Sedan) (Subsection) (PA Statute) (counts) 2 of the (Section) (Subsection) (PA Statute) (counts) I of the (Section) (Subsection) (PA Statues) (counts) 4, of the (Section) (Subsection) (PA Statute) (counts) 3. 1 ask that a warrant of arrest or a summons be issued and that the defendant be required to answer the charges I have made. (In order for a warrant of arrest to issue, the attached affidavit of probable cause must be completed and sworn to before the issuing authority.) 4, 1 verify that the facts set forth in this complaint are true and correct to the best of my knowledge or information and belief. This verification is made subject to the pe Ities of Section 4904 of the Crimes Code (18 PA.C.S.§4904) relating to unsworn falsification to authorities. mss- rz 2 (Date) (Signature of AMant) AND NOW, on this date, May 13 , 2003 1 certi that the complaint has been properly competed and verified. An affidavit of probable cause must be completed in order for a ant ? s}?. 09-1-01 ? \ / AL (Magisterial District) (Issuing Authooty) Defendant's Name: Kelli Mackenzie Kern POLICE Docket Number: CR-202-03 CRIMINAL COMPLAINT - AFFIDAVIT of PROBABLE CAUSE On Saturday, May 10 2003, at approximately 1249 hrs. your Affiant responded to a 911 Active Domestic Incident. Upon arrival the victims, a Sean Concannon was holding his 15 month old daughter in the parking lot of the residence. Your Affant observed lacerations to the neck and the back of Sean Concannon, and a red mark below the right eye of their 15 month old daughter, a Molly Concannon. Mr. Concannon stated that the marks were a direct result of his girlfriend (Kelli M. Kern) scratching and slapping the baby and him. Based on my observations, and the statement of the victim, It is my opinion that the defendant Kelli Mackenzie Kern assaulted her sexual and or intimate partner and biological child that were household members in violation of Title 23 Domestic Relations CHAPTER 61 Section 6102 (a) 1, 2 I, Jerry E. Barnes , BEING DULY SWORN ACCORDING TO LAW, DEPOSE AND SAY THAT THE FACTS SET FORTH IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. /vvl? lc? /Z- SiOnsl/aMianl) Sworn to me and subscribe?gefoy? 1 May 2003 l District Justice My commission expires first Monday of January, 2008 SEAL gear 412C. 11/24/99 3.3 KELLI M. KERN, JUDITH A. KERN, and CARL G. KERN, V. SEAN M. CONCANNON, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2392 CV 2002 CU 0? CIVIL ACTION - LAW CUSTODY 0 D c rn rn?EE zm >o c Z N 0 ti ORDER OF COURT AND NOW, this day of v 2002, the parties Cr% -o O having appeared for a custody mediation conference, represented by counsel, and having reached agreement with regard to the best interests of the subject minor child, Mollie E. Concannon, born January 13, 2002, it is hereby ORDERED AND DECREED as follows: The parties shall have shared legal custody of the subject minor child. They shall consult with each other relative to all important decisions concerning the subject minor child, including such matters as health, education, and religion. 2. Plaintiffs Kelli Kem, Judith Kern and Carl Kem shall have primary physical custody of the subject minor child. 3. Defendant Sean M. Concannon shall be entitled to partial periods of physical custody, pursuant to the following schedule: A. Father shall be entitled to one 24-hour period each week, commencing each Tuesday at 9:00 a.m. through the next day at 9:00 a.m. z 0 " rzn °?rn z or^c -+o rn TO -C // C. N\ Father shall pick the child up at Mother's home at 9:00 a.m., and the maternal grandmother, Judith Kern, shall pick the child up at Father's home at 9:00 a.m, on Wednesday morning. B. Father shall be entitled to partial custody every Friday from 9:00 a.m. until 1:00 p.m. Father shall pick the child up at Mother's home at 9:00 a.m. and the maternal grandmother shall pick the child up at Father home at 1:00 p.m. 4. It is understood that Father's visitational periods shall be exercised at the home of the paternal grandmother. It is understood that he may leave the children with his mother for limited periods of time, but Father is expected to be present for the majority of the time. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. This Order is temporary in nature. The parties have agreed to submit the issue of custody, as well as partial custody, unto Dr. Arnold Shienvold, who shall perform a complete custody evaluation. The parties shall extend their complete cooperation unto Dr. Shienvold. The cost of Dr. Shienvold's Services shall be paid by Mother and her family. However, they do reserve the right to seek reimbursement from Father, by presenting additional evidence before the Court. Mother and Father shall limit their conversations to one telephone call per week. Any other communication shall be through Father and maternal grandparents, and all such discussions shall be limited to subjects concerning the subject minor child. BY THE COURT: Cy?,ca 1J J. KELLI M. KERN, JUDITH A. KERN and CARL G. KERN, Plaintiffs V. SEAN M.CONCANNON, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY. PENNSYLVANIA NO. 2393 CV 2002-CU RULE TO SHOW CAUSE AND NOW, this 4th day of October, 2002, a rule is hereby issued upon all parties to show cause why the attached Petition for Leave to Withdraw Appearance should not be granted. RULE RETURNABLE 0 DAYS FROM SERVICE. Vf/L' ?115Y??-. ?a N 0 N J KELLI M. KERN, JUDITH A. KERN, and CARL G. KERN, Plaintiffs VS. SEAN M. CONCANNON, Defendant : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA NO. 2393-CV-2002 CU CIVIL ACTION - LAW CUSTODY PETITION FOR LEAVE TO WITHDRAW APPEARANCE N CD d - o :a - N ? N r AND NOW COMES, Lori K. Serratelli, Esquire, of the law firm of SERRATELLI, SCHIFFMAN, BROWN Et CALHOON, P.C. and respectfully represents as follows: 1. Petitioner, Lori K. Serratelli, Esquire, represented the Plaintiffs, Kelli M. Kern, Judith A. Kern, and Carl G. Kern, in the above-captioned matter. 2. It is the Petitioner's desire to withdraw as counsel to Plaintiffs in the above-captioned matter based on a conflict that has developed in Petitioner's representation of Plaintiffs. 3. Plaintiffs have been provided with adequate notice of Petitioner's intent to withdraw from the above-captioned matter. (See letters dated September 16, 2002, attached hereto as Exhibit "A") 4. By letter of October 2, 2002, Petitioner has informed Jeanne Costopoulos, Esquire, Counsel for Defendant, that she does not currently represent the Plaintiffs and of her intention to withdraw from the above captioned matter (letter attached hereto as Exhibit "B") 5. There are no matters currently scheduled that will not allow Plaintiffs sufficient opportunity to obtain new counsel if they so choose. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Petitioner's request for leave to withdraw. Respectfully submitted, *.L 01- i . Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN 8 CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540.9170 t KELLI M. KERN, JUDITH A. KERN, and CARL G. KERN, Plaintiffs VS. SEAN M. CONCANNON, Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA : NO. 2393-CV-2002 CU : CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this 3 -4 day of e-x_ be_(- , 2002, 1 served a copy of the foregoing Petition for Leave to Withdraw by first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Jeanne B. Costopoulos, Esquire 1400 North Second Street Harrisburg, PA 17102 Kelli Kern 233 South Arlington Avenue Harrisburg, PA 17109 Judith and Carl Kern 5703 Jonestown Road Harrisburg, PA 17112 01 LorO. rratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN 8 CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 September 16, 2002 YFIDENTIAL .,t Judith & Carl Kern 5703 Jonestown Road Harrisburg, PA 17112-4007 RE: KERN, ET. AL. v. CONCANNON OUR FILE NO. 02-259 Dear Judy & Carl: It has come to my attention from contacts I have received from both you and Kelli that you and she no longer share the same perspective of how to proceed with this custody matter. Therefore, I have no choice but to withdraw from the case. I will be glad to make some referrals to you of other attomeys who can finish the matter. I would ask that you sign this letter and return the original to me. I have enclosed a copy for your records. Please note that the balance owed to the firm is ajoint obligation of both you and Kelli. I would appreciate payment of the balance as soon as possible. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN. BROWN & CALHOON. P.C V'ori {. Serratelli LKS/bc Enclosure I hereby authorize Lori K. Serratelli to withdraw as counsel in the above- captioned matter. Date: Date: Judith Kern Carl Kern September 16, 2002 PERSONAL AND CONFIDENTIAL Kelli Kern 233 North Arlington Avenue Harrisburg, PA 17109 17109 RE: KERN, ET. AL. v. CONCANNON OUR FILE NO. 02-259 Dear Kelli: It is becoming clear from the contacts I have received from you and your mother that you, she and your father no longer share the same perspective of how to proceed with this custody matter. As I indicated durin.- the initial consultation, I cannot represent either you or your parents given what is now transpiring, Therefore, I am asking that YOU sign the bottom of this letter authorizing me to withdraw from the custody matter. If you need recommendations on other attorneys to handle the matter from here or, out. 1 will be glad to give you some names. The balance owed to the firm is ajoint obligation of you and your parents. and I would appreciate payment in full on the balance as soon as possible. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN. BROWN & CALHOON, P.C. Lori K. Serratefli LKSJbc I hereby authorize Lori K. Sen-atelli to withdraw as counsel in the dho? e- captioned matter. Date: Judith Kern October 2, 2002 VIA FAX & US MAIL Jeanne B. Costopoulos, Esquire Costopoulos & Welch 1400 North Second Street Harrisburg, PA 17102 RE: KERN vs. CONCANNON OUR FILE NO. 02-259 Dear Jeanne: Please be advised that I will no longer be representing Kelli Kern, Judith Kern nor Carl Kern relative to the above-referenced matter, I will be filing a Petition to Withdraw shortly. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 'fx :. Dori K. Serratelli LKS/ted cc: Kelli Kern Judy and Carl Kern SEAN M. CONCANNON IN THE COURT OF COMMON PLEAS OF PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA V. 03-3356 CIVIL ACTION LAW KELLI M. KERN IN CUSTODY DEFENDANT 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 _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 13,2 03 at 12:00 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: /s/ Dawn S undav Fsa y 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 f O?/• L. ?n SEAN CONCANNON, Plaintiff VS. KELLI M. KERN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW IN CUSTODY Defendant ORDER OF COURT AND NOW, this ? day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Sean M. Concannon, and the Mother, Kelli M. Kern, shall have shared legal custody of Molly Elizabeth Concannon, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks, the Mother shall have custody of the Child from Thursday at 3:00 pm through Monday at 7:00 am. In the event the Mother is not enrolled in morning classes or working the day shift, the Mother's period of custody shall continue until 9:00 am. B. During weeks immediately preceding the Father's weekend period of custody, the Mother shall have custody of the Child from Wednesday evening between 8:00 pm and 8:30 pm through Friday morning at 7:00 am (or 10:00 am if the Mother is not enrolled in classes or working the day shift). C. The Father shall have custody of the Child at all times not otherwise specified for the Mother in this provision. D. The custody schedule shall begin with the Father having custody of the Child over the weekend beginning on August 22, 2003. 3. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: which shall A. CHRISTMAS: The Christmas holiday shall be dtmaseinto at 6 00 pro, ,and Segment run from December 23 at 12:00 noon through at 6:00 pm through December 26th at 6:00 pm• B, which shall run from Christmas Day Segment A In odd numbered years, the Father shall have custodBy of ethe venhild du in ye are . in and the Mother shall have custody during segment segment A and the Father shall have Mother shall have custody of the Child during ecustody during Segment B. B. THANKSGIVING: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00 pm through Thanksgiving Day at 6:00 pm. shall have custody in even number d giving in odd numbered years years. The dthe thFather en shall an 6:00 EASpin TER: through The Easter period of custody Easter Sunday at 6.00 pro. The Father hall have custody of the Child 6: over Easter in odd numbered years and the Mother shall have custody in even numbered years. July an JULY eH Labor Day /LABOR AY: The period of custody over the days shall run from the evening before the D. MEMORIAL Memorial Day, Y holiday at pin through custody of theOChild over Memorial Day t and Labor Day in even nuThe Father mbered years aland have other over July 41h han in odd nurnbered years and over July 4th i h en ld over odd d nLabor umbered Memorial Day numbered years. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody Father shall have custody of the Child over of the over Mother's Day and the holiday at 6:00 pm through Monday morning Father's Dlay from the Saturday before the at 8:00 am. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the. Child for seven uninterrupted aproviding days eecfirst year upon providing at least 30 days advance notice to the other party The P Y under this provision shall be entitled to preference on his or her selection of periods of custody under this provision. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. In the event either party is admitted for inpatient care during his or his period of custody for 24 hours or longer, that party shall contact the other parent to offer the opportunity to provide care for the Child. The parties shall notify each other as promptly as possible of any admissions to a medical or other facility under this provision. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: &,x ven Howell, Esquire - Counsel for Father tan Ross, Esquire - Counsel for Mother I V /I ;F0 0q-63- VgVA7ZNN?d SEAN CONCANNO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW VS. KELLI M. KERN Defendant IN CUSTODY Prior judge: Edward E. Guido CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: DATE OF BIRTH CURRENTLY IN CUSTODY OF NAME Father 13, 2002 Molly Elizabeth Concannon January 2. A Conciliation Conference was held on August 18, 2003 with the following individuals in attendance: The Father, Sean M. Concannon, with his counsel, Steven Howell, Esquire, and the Mother, Kelli M. Kern, and her counsel, Alan M. Ross, Esquire. 3. The parties agreed to entry of an order in the form as attached. f.^ At Date Dawn S. Sunday, Esquire Custody Conciliator SEAN M. CONCANNON, PLAINTIFF V. KELLI M. KERN, DEFENDANT Exhibit "A". IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -3356 CIVIL ACTION - CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER The parties are subject to a September 2, 2003 Order of Court attached hereto as 2. The parties desire to modify 12 A and 12 B of the existing Order of Court as set forth below. In all other respects the Order of September 2, 2003 shall remain in full force and effect. 3. Mother shall have partial physical custody of the minor child, Molly E. Concannon (DOB 1/13/02) three weekends each month. A weekend being defined as Friday evening through Sunday evening at a time mutually agreeable to the parties. Mother shall pick the child up from Father's residence on Friday evenings and Father shall pick the child up from Mother's residence on Sunday evenings. 4. Mother shall have partial physical custody of the minor child ever other Wednesday evening from 5 PM to 9 PM. Mother shall be responsible for all transport on Wednesday evenings. 5. The Holiday schedule shall remain the same as in the September 2, 2003 Order. 6. Paragraphs 1, 2 C, 3, 4, 5, 6, 7, and 8 of the September 2, 2003 shall remain in full force and effect. 7. Both parties have enjoyed the opportunity to consult with an attorney prior to executing this Stipulation. Steven Howell, Esquire represents Father and has offered no advice to Kelli M. Kern with regards to the custody case. Ms. Kern is not represented at this time by an attorney. 8. Both parties have executed the Stipulation below and waive any requirement to be present in court before its entry as an Order. 9. Defendant Kelli M. Kern's mailing address is: S 10 3 11 AGREED TO AS STATED ABOVE IN ¶I THROUGH ¶9: BY: _? /-?' SEAN M. CONCANNON COMMONWEALTH OF PENNSYLVANIA COUNTY OF f BY:?X?.J ?? IC?Jz r? KELLI M. KERN Respectfully submit te BY: P /1710 G( even Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 ss On this, thec2??ay of 2004, before me, a Notary Public, the undersigned officer, personally appeared SEAN M. OQt? NC NNON (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY: 1? I ?-"? ? PuL' is My Commission Expires: 4OVirA SEAL JUDY S GRDJAN Notary K"C IerKJREIOROWKCW&0F0 AWAPD Mb GOrrInN111on ExpNa Jun 7, 200 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? ss On this, the ?3ay of 2004, before me, a Notary Public, the undersigned officer, personally appeared KELLI . KERN (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY: N y Pu is 17 My Commission Expires 6 - 7 -G NOV! SEAL AIDY, ry GRDyW Nota rbSC UNO SIOROUGII crt WryOiq IM.081on E>?Irp Jun 7, 2005 SEAN CONCANNON, Plaintiff VS. KELLI M. KERN Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Sean M. Concannon, and the Mother, Kelli M. Kern, shall have shared legal custody of Molly Elizabeth Concannon, born January 13, 2002. Each. parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks, the Mother shall have custody of the Child from Thursday at 3:00 pm through Monday at 7:00 am. In the event the Mother is not enrolled in morning classes or working the day shift, the Mother's period of custody shall continue until 9:00 am. B. During weeks immediately preceding the Father's weekend period of custody, the Mother shall have custody of the Child from Wednesday evening between 8:00 pm and 8:30 pm through Friday morning at 7:00 am (or 10:00 am if the Mother is not enrolled in classes or working the day shift). C. The Father shall have custody of the Child at all times not otherwise specified for the Mother in this provision. D. The custody schedule shall begin with the Father having custody of the Child over the weekend beginning on August 22, 2003. 5, n 3. The parties shall share or alternate having custody of the Child on holidays in accordance ' with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 12:00 noon through Christmas Day at 6:00 pm, and Segment B, which shall run from Christmas Day at 6:00 pm through December 20h at 6:00 pm. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during segment B. In even numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00 pm through Thanksgiving Day at 6:00 pm. The Mother shall have custody of the Child over Thanksgiving in odd numbered years and the Father shall have custody in even numbered years. C. EASTER: The Easter period of custody shall run from the Friday before Easter at 6:00 pm through Easter Sunday at 6:00 pm. The Father shall have custody of the Child over Easter in odd numbered years and the Mother shall have custody in even numbered years. D. MEMORIAL DAY/ JULY 4T" /LABOR DAY: The period of custody over the Memorial Day, July 4`h and Labor Day holidays shall run from the evening before-the holiday at 6:00 pm through the day after the holiday at 8:00 am. The Father shall have custody of the Child over Memorial Day and Labor Day in even numbered years and over July 4`h in odd numbered years. The Mother shall have custody of the Child over Memorial Day and Labor Day in odd numbered years and over July 4`h in even numbered years. E. MOTHER'S DAY / FATHER'S DAY: In ever}, year, the Mother shall have custody of the Child over Mother's Day and the Father shall have custody of the Child over Father's Day from the Saturday before the holiday at 6:00 pm through Monday morning at 8:00 am. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for seven uninterrupted days each year upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of periods of custody under this provision. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. In the event either party is admitted for inpatient care dining his or his period of custody for 24 hours or longer, that party shall contact the other parent to offer the opportunity to provide care for the Child. The parties shall notify each other as promptly as possible of any admissions to a medical or other facility under this provision. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the: free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Steven Howell, Esquire - Counsel for Father Alan Ross, Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony vvherp?of, I hereunto set my hand and'tha seal of said Court at Ear'itle. Pa. t') ?V c:.;l - ? y i t r ?T--rt ? 'n l?7 ?... y',.., ? !?. '? J..3 _. -y,M1 'L. r... _;.. C- -I r ?'t'.;1 ?? .. l1 f? - „ -- S ) C:, V AVG 19 2004 SEAN M. CONCANNON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03 -3356 KELLI M. KERN, DEFENDANT CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this- day of '2004 it is hereby ORDERED that the terms of the attached Stipulation are adopted as an Order of Court modifying the terms of the September 2, 2003 Order, attached hereto as Exhibit "A", which in all other respects shall remain in full force and effect. ARD E. GUIDO, J. Certified Copies To: ,,-$feven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 vICelli M. Kern G? c , _ ?,. ;? iy r -? I ' , . . i ,iii ?' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KELLI M. GELWICKS, ) Plaintiff ) V. ) No. 03--3356 SEAN M. CONCANNON, ) Defendant ) Petition for Contempt ### Petitioner is Plaintiff, KELLI M. GELWICKS, who currently resides at 611 Gates Lane, Enola, Cumberland County, PA 17025. ### Respondent is Defendant, SEAN M. CONCANNON, who currently resides at 8 N. 2Nd Street, Wormleysburg, Cumberland County, PA 17043. ### Petitioner and Respondent are the natural parents of the following child: Name Age MOLLY E. CONCANNON 6 years ### A custody order was entered on 9/2/2003, in the Cumberland County Court of Common Pleas. A copy of the custody order is attached. ### Respondent has willfully violated the custody order, as follows: Defendant will not return calls and will not allow the scheduled 3 weekends a month, wed night visits and holiday visitation. Defendant denied visitation to mother on Mother's day and called the police and reported that mother kidnapped daughter causing a scene outside of her residence where defendant was threatened with arrest. Maternal grandparents were threatened with never seeing child again due to bringing child to mother's house. Defendant will not allow mother equal rights to decisions on schooling and religion. Defendant is guilty of estranging the child from mother, injuring the opinion of the child of mother, and hurting the natural development of the child's love and respect for mother. Molly has stated to more than 3 witness's that "daddy gets mad if I see mommy" "Daddy says mommy is going to hit me and has hit me but I do not remember it" Molly has also asked "Why did you get rid of my little brother" as the defendant told her about the mother's previous abortion. Attached are call logs, letter from the maternal grand-parents, as they have moved out of state and cannot be present for hearing and a brief synopsis of the situation. . WHEREFORE, Petitioner respectfully requests that this Court find Respondent in contempt of Court. Date LLI M. GELWICKS, Plaintiff Verification I, KELLI M. GELWICKS, Plaintiff, verify that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa. C.S.A. ' 4904 relating to unworn falsification to authorities. Date: -0 q I7"- KELLI M. GELWICKS, Plaintiff Petition for Contempt Page 4 of 5 Previous visits took place when my parents had her for visits secretively as Sean gets very angry when I see her. Please see email from Judi Kern regarding this situation. 5/10 Sean called the cops stating that I had kidnapped Molly because I called him while my Parents and Molly were visiting to request to spend Mother's Day with her. I advised Sean Molly was going to be returned and her previously scheduled time but he got very angry and started yelling at me. He told me that he was going to have to send Molly to a shrink after seeing me and he was calling the cops. York County Police were called and I was contacted. I advised them of the current custody order that was in place and that my parents brought Molly over for a visit and this started due to me calling and requesting my court ordered visitation rights. York County would not dispatch an officer and advised Sean that his call was unnecessary, if he felt he was being served improperly he could contact my local police East Pennsboro. He proceeded to contact E.P. Police and tell them I had no custody and kidnapped my daughter. I spoke with an officer over the phone again explaining the situation, he came to the house and threatened arrest upon Sean for false claims and causing a scene outside of my house. I agreed with the officer to get to spend only until 10 AM on Mothers Day with my daughter so that he would not take it out on her and my parents returned her. Molly was bawling on my couch crying about how mad daddy was going to be and how she missed me so much. Several calls back and forth with Sean screaming at me and my mother (cell phone records can be obtained from my mother if needed) May 11'h was allowed to see Molly until 10 AM when she had to be returned to attend a Mother's Day function for her grandmother. Molly was visiting with my mom as Sean would not allow me to see her. Allowed the situation to calm after the police being called. Continued to call as my parents moved to TX and secret visits and calls were no longer possible. 7/281 message left 7/301 message left 7/311 message left 8/51 message left 8/6 2 message left 8/91 message left 8/10 4 calls regarding pick up of molly for promised visit. Visit from 4-6 PM advised can not take her to The Coliiseum as she wanted as he was going to be taking her. Was previously told I could not take her to Hershey Park for the same reason. Molly told me that Daddys mad that she's with me because he tells her I beat her and I am a little crazy. 8/111 message left 8/12 2 messages left 8/13 3 messages left 8/14 2 messages left 8/15 3 messages left regarding pick up time of Molly for promised visit 8/16 2 calls regarding pick up time of Molly for promised visit. Visit from 12-4 PM Molly reitierates Daddys mad that she's with me because he tells her I beat her and I am a little crazy. As well as telling me her Dad told her about my abortion "Why did you get rid of my little brother" The Abortion occurred when Molly was an infant and she knew nothing about this previously. Molly at beach 8/17-8/24 8/20 1 call (left message) about first day of school and visit with molly upon return from the beach trip 8/22 1 call (left message) about first day of school and visit with molly upon return from the beach trip 8/25 6-Molly's first day of school 8/26-1 left message 8/27 1 left message 8/291 spoke to Sean regarding seeing Molly advised can not see her for another week at least. 9/2 2 Spoke with Sean I was told I can't see Molly for my scheduled Wed night visit. I would like to file contempt for hindering the bond, not following the custody order for several weekend, wed. night and holiday visits, making decisions on schooling without including me and decisions on religion. I only want what is best for my daughter and feel that she deserves to see both parents. Making so many unreturned calls and not being allowed to see my daughter is heart breaking for both Molly and myself. I would like if custody would be turned over to me immediately and Sean be given supervised visits as there is an extremely high risk of him not returning the child. I feel that I could provide Molly with a more stable day to day loving environment. Sean frequently has Molly spending the night at his mothers as he works late nights and long hours. I have a 2 parent home, stable income, very flexible work hours with the ability to work from home so I can take Molly to school and sign her up for Soccer that she desperately wants to do. Please don't hesitate to contact me if you need additional information. Kelli Gelwicks From: Judi Kem Oudikem@yahoo.com] Sent: Tuesday, September 02, 2008 7:18 PM To: Kelli Gelwicks Subject: Molly Kelli, In 2007 we had Molly for many, many weekends including a 10 day sailing vacation with us in July when his mother was on Martha's Vineyard. All summer long we had her every other weekend to go sailing on the Chesapeake Bay. In January, when we started to get our home ready for sale, we informed both Sean and Molly that we couldn't keep having her over as often because we were spending our weekends cleaning out and packing. We did manage to see her at least once a month, and then had her for the Mother's Day weekend, but had to return her to Sean by 10:00 a.m. on Mother's Day because he was taking her to a celebration for her grandmother. He told me she could come spend several weeks in TX with us once we got into our new home. When I called him from TX in July about having Molly come to TX for several weeks, he called back and told me that since I had allowed Molly to see you, her mother, that he couldn't trust me and would not trust me to have Molly in Texas. He told Molly that she had "special" things to do (i.e. going to Hershey Park) and that's why she couldn't come to Texas. Now that school has started, I can't see Molly. Besides, he told me if I wanted to see Molly I could take him to court. This is ridiculous! Molly loves spending time with her only grandfather and me. She needs to be loved by everyone of her family members not just the Concannons. Please know that Sean is verbally abusive on the phone and tries to bring up things that never really happened. He tries to tell me that you hit Molly when the truth is that Molly got a bump on her forehead when she was with me and hit her head on my coffee table. There are so many times he's made scenes and won't obey the court orders. His standard answer is, "Fine. Take me to court if you don't like it." Why should we have to spend that kind of money just to see our granddaughter. Please make changes and don't allow Sean to have unsupervised visitation because it is my belief that he will not return the child at the end of the visit. He once took Molly when Kelli had her living with her, turned her over to his mother, and left town. He instructed his mother not to give Molly back to her mother. Kelli was forced to file for emergency custody. These are the type of shenanigans that Sean pulls. He tells Molly that her mother hits her, her mother is crazy and other lies that Molly relates to us. Molly told me that her Daddy doesn't like it when she sees or talks to her mother. We used our visits to enable her to keep in touch with her mother and not make Sean angry with Molly. This is just more than a 6 year old should have to deal with. If you need further information or corroboration, please don't hesitate to call. Sincerely, Judith A Kern 213 Perthshire Drive Corpus Christi, TX 78418 (361) 239-0089 Cell: (361) 244-9607 SEAN CONCANNON, . Plaintiff vs. KELLI M. KERN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL. ACTION LAW IN CUSTODY ; OA ..--&A I AND NOW, this day of 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Sean M. Concannon, and the Mother, KelIi M. Kern, shall have shared legal custody of Molly Elizabeth Concannon, born January 13, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to stake all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks; the Mother shall have custody.of the Child from Thursday at 3:00 pm through Monday at 7:00 am. In the event the Mother is not enrolled in morning classes or working the day shift, the Mother's period of custody shall continue until 9:00 arn. B. During weeks immediately preceding the Father's weekend period of custody, the Mother shall have custody of the Child from Wednesday evening between 8:00 pm and 8:30 pm through Friday morning at 7:00 am (or 10:00 am if the Mother is not enrolled in classes or working the day shift). C. The Father shall have custody of the Child at all times not otherwise specified for the Mother in this provision. D. The custody schedule shall begin with the Father having custody of the Child over the weekend beginning on August 22, 2003. _VC4 3. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 12:00 noon through Christmas Day at 6:00 pm, and Segment B, which shall run from Christmas Day at 6:00 pm through December 2e at 6:00 pm. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during segment B. In even numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00 pm through Thanksgiving Day at 6:00 pm. The Mother shall have custody of the Child over Thanksgiving in odd numbered years and the Father shall have custody in even numbered years. C. EASTER: The Easter period of custody shall run from the Friday before Easter at 6:00 pm through Easter Sunday at 6:00 pm. The Father shall have custody of the Child over Easter in odd numbered years and the Mother shall have custody in even numbered years. D. MEMORIAL DAY/ JULY 4TH /LABOR DAY: The period of custody over the Memorial Day, July 4s' and Labor Day holidays shall run from the evening beforethe holiday at 6:00 pm through the day after the holiday at 8:00 am. The Father shall have custody of the Child over Memorial Day and Labor Day in even numbered years and over July 4a' in odd numbered years. The Mother shall have custody of the Child over Memorial Day and Labor Day in odd numbered years and over July 4s' in even numbered years. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child over Mother's Day and the Father shall have custody of the Child over Father's Day from the Saturday before the holiday at 6:00 pm through Monday morning at 8:00 am. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for seven uninterrupted days each year upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of periods of custody under this provision. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. In the event either party is admitted for inpatient care during his or his period of 06todyd8r 24 hours or longer, that party shall contact the other parent to offer the opportunity to provide can for the Child. The parties shall notify each other as promptly as possible of any admissions to a medical or other facility under this provision. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference.. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual content, fh4 tectps. of #0 Order shall control. cc: Steven Howell, Esquire - Counsel for Father Alan Ross, Esquire - Counsel for Mother TRUE. COPY FROM RECORD In TgtW=W "arpof, I here unto set my NW e seal of d Court V G,rui. Pa. i SEAN M. CONCANNON, PLAINTIFF V. KELLI M. KERN, DEFENDANT " 19 ?004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3356 CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this eday of 406-? , 2004 it is hereby ORDERED that the terms of the attached Stipulation are adopted as an Order of Court modifying the terms of the September 2, 2003 Order, attached hereto as Exhibit "A", which in all other respects shall remain in full force and erect. ARD E. GU[DO, L Certified Copies To: ,,,Maven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 j/Kelli M. Kern 1 L?? V 1? ? ? h? r t'y? - "! -r. ` ``? ?'7 ?rT _ i ?a ? © ? f?'r "?9 i _? , ' a ` rj ? , _ 1? C.,.,; ;.,?% ?? KELLI M. GELWICKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-3356 CIVIL ACTION LAW SEAN M. CONCANNON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 09, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 01, 2008 at 2:30 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. 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/ Daum S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 a/ 6 -6 n~usNN3a Nam usNr cy, !,?.:vi; £ I =£ Nd 01 d3S 11111C?Iv???.•?tyl.U?d ?o SEAN M. CONCANNON, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 03-3356 KELLI M. KERN, DEFENDANT CIVIL ACTION - LAW (CUSTODY) ANSWER WITH NEW MATTER TO PETITION FOR CONTEMPT To: Kelli M. Kern a/k/a Kelli M. Gelwicks 611 Gates Lane Enola, PA 17025 Answer to Petition for Contempt 1. DENIED. Plaintiff (hereinafter) Father is without knowledge to know if 611 Gates Lane, Enola, Pennsylvania 17025 is the permanent residence of the Defendant. Defendant has maintained numerous temporary residences over the years. 2. DENIED. Father resides at 32 Privet Drive, Etters, York County, Pennsylvania 17319. 3. ADMITTED. 4. DENIED. The parties are subject to an Order of Court attached hereto as Exhibit "A" dated August 24, 2004. 5. DENIED AS STATED. Father incorporates by reference his New Matter as though fully set forth. If a response were required, Father DENIES that he has violated the Order. Specifically, Father has not: a. willfully violated the custody Order; b. threatened to cut off the child from her maternal grandparents; c. estranged the child from Mother; d. stated to the child that her Mother hits her; e. told the child that Mother had an abortion; f. denied Mother input in the child's education at Good Shepherd School or religious upbringing; and g. hurt the natural development of the child. New Matter 6. Mother executed a Stipulation on July 22, 2004 for the entry of the August 24, 2004 Order as shown on Exhibit "A". 7. The August 24, 2004 Order provided a schedule of visitation and periods of partial custody with Mother. Mother has never followed the schedule set forth in the Order. 9. Mother has gone for years without calling the child or Father. 10. During this period Father permitted the child's maternal grandparents (the Kerns) to enjoy time with the child including a ten day vacation in July 2007. 11. The Kerns (maternal grandparents) moved to Texas in late 2007-2008. 12. From August 24, 2004 through December 31, 2007 Mother saw the child as follows: (a) a day or two following Christmas 2005; and (b) the day after Molly's birthday in January 2006. 13. From December 31, 2007 to present Mother saw the child beginning in September 2008. 14. On or about mid-August 2008 Mother demanded that she have primary custody and Father have "supervised" visitation once a month. 15. Father has agreed to the following schedule to reacquaint the child with her Mother: every other Saturday from 9:00 AM - 6 PM and regular phone calls that do not disrupt the child after bedtime. Depending upon the success of these visits and whether Mother actually takes the opportunity to visit with Molly the schedule could be expanded. 16. Father is concerned that moving back to the schedule set forth in the August 24, 2004 Order without any adjustment period is not in the child's best interests. 17. Mother has a history of mental health problems including repeated in patient mental health stays at Hershey Medical Center and Holy Spirit Hospital. 18. In the past Mother has threatened to kill herself and the child. 19. On August 27, 2008 Mother said she was going to kill herself and the child. 20. The child has attended Good Shepherd School since August, 2007 and she has thrived in this environment with excellent attendance, academics and social results. 21. Mother has taken no interest in the child's schooling having failed to attend a single parent-teacher conference. 22. Father would like to see an Order gradually reintroducing the child to her Mother. WHEREFORE, Father seeks a dismissal with prejudice of the Petition for Contempt and an award of his actual counsel fees. Father further seeks a modification in the present Order to reintroduce the child to her Mother following years on non- involvement by the Mother. Respectfully submitted, By Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Kelli M. Gelwicks 611 Gates Lane Enola, PA 17025 Dawn S. Sunday, Esquire Sunday & Sunday 39 West Main Street Mechanicsburg, PA 17055 By; Date: September 26, 2008 o i Y tsriage greet New Cumberland, PA 17070 Supreme Court ID 62063 (717) 770-1277 Attorney for Plaintiff VERIFICATION Uwe verify that the statements made in the foregoing document are true and correct. I/we 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. BY: Sean M. Concannon Date: ? 3 -09 T a f} SEAN M. CONCANNON, PLAINTIFF V. KELLI M. KERN, DEFENDANT AVO 19 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3356 CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of '2004 it is hereby ORDERED that the terms of the attached Stipulation are adopted as an Order of Court modifying the terms of the September 2, 2003 Order, attached hereto as Exhibit "A", which in all other respects shall remain in full force and effect. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Kelh M. Kern A TRW-C", 4' R In T a+{hereof, e{ nto..seC mY hard and ° ~ { 'a rttsle,a. Th' '. d •? I . EDWARD E. GUIDO, J. lv 1 SEAN M. CONCANNON, PLAINTIFF V. KELLI M. KERN, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3356 CIVIL ACTION - CUSTODY STIPULATION FOR ENTRY OF A CUSTODY ORDER 1. The parties are subject to a September 2, 2003 Order of Court attached," Exhibit "A". 2. The parties desire to modify 12 A and 12 B of the existing Order of ±±'Ht as set 0 forth below. In all other respects the Order of September 2, 2003 shall remain in ft $® ce a*d .4 N effect. w 3. Mother shall have partial physical custody of the minor child, Molly E. Concannon (DOB 1/13/02) three weekends each month. A weekend being defined as Friday evening through Sunday evening at a time mutually agreeable to the parties. Mother shall pick the child up from Father's residence on Friday evenings and Father shall pick the child up from Mother's residence on Sunday evenings. 4. Mother shall have partial physical custody of the minor child ever other Wednesday evening from 5 PM to 9 PM. Mother shall be responsible for all transport on Wednesday evenings. 5. The Holiday schedule shall remain the same as in the September 2, 2003 Order. c.? 0 rn 6. Paragraphs 1, 2 C, 3; 4 5, 6, 7, and 8 of the September 2, 2003 shall-remain in fem.,, force and effect. 7. Both parties have enjoyed the opportunity to consult with an attorney prior to executing this Stipulation. Steven Howell, Esquire represents Father and has offered no advice to Kelli M. Kern with regards to the custody case. Ms. Kern is not represented at this time by an attorney. 8. Both parties have executed the Stipulation below and waive any requirement to be present in court before its entry as an Order. 9. Defendant Kelli M. Kern's mailing address is: 510 3 ? der t ? ch.,. AGREED TO AS STATED ABOVE IN 11 THROUGH 19: BY: SEAN M. CONCANNON COMMONWEALTH OF PENNSYLVANIA COUNTY OF BY: KELLI M. KERN Respectfully BY: _ P / 7 6 41 even Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 ss On this, the 2? y of 2004, before me, a Notary Public, the undersigned officer, personally appeared SEAN NL ONC NON (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY: - C7 Pu is My Commission Expires: (/ - 7 G y NOV01AL SM JIM S GRDJAN "*" Fubft leYlor+ #oR000?tC00MCFCOANKNO Lypf Fjrplw Jun 7 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF ktdAo<? On this, the ?O? ay of 2004, before me, a Notary Public, the undersigned officer, personally appeared KELLI KE (known to me or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal BY: N y Public Jf My Commission Expires: G _ 7 -0 MOI?IRW. BEAL Nafty I X M'EKWN KCt?tM1?CFCtt?r!lRW D RM ? Jun 7.2006 f SEAN CONCANNON, . Plaintiff VS. KELLI M. KERN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ; day of P;?;? ' 2003, upon consideration of the attached Custody Conciliation Report, it i ordered and directed as follows: 1. The Father, Sean M. Concannon, and the Mother, Kolli M. Kern, shall have shared legal custody of Molly Elizabeth Concannon, born January 13,'2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all maj non-emergency decisions affecting the Child's general well-being including, but not limited to, all d isions regarding her health, education and-religion. Pursuant to the terms of this paragraph each parent shall be. entitled to all records and information pertaining to the Child including, but not limited -o, school and medical records and information. 2. The parties shall have physical custody of the Child in accordance with the following schedule: A. During alternating weeks; the Mother shall have custody.of the Child from Thursday at 3:00 pm through Monday at 7:00 am. In the event the Mother is not enrolled in morning classes or working the day shift, the Mother's period of custody shall eeat until 9:00 am. B. During weeks immediately preceding the Father's weekend period of custody, the Mother shall have custody of the Child from Wednesday evening between 8:00 pm and 8:30 pm through Friday morning at 7:00 am (or 10:00 am if the Mother is not enrolled in classes or working the day shift). - C. The Father shall have custody of the Child at all times. not otherwise specified for the Mother in this provision: D. The custody schedule shall begin with tie Father having custody of the Child over the weekend beginning on August 22, 2003. i ( A 3. The parties shall share or alternate having custody of the Child on holidays in accordance he following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 12:00 noon through Christmas Day at 6:00 pm, and Segment B, which shall run from Christmas Day at 6:00 pm through December 2e at 6:00 pm. In odd numbered years, the Father shall have custody of the Child during. Segment A and the Mother shall have custody during segment B. In even numbered years, the Mother shall have custody of the Child during segment A and the Father shall have custody during Segment B. B. THANKSGIVING: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00_pm through Thanksgiving Day at.6:00 pm. The Mothers have-custody of the Child over 'T-hanksgiving_in odd-numbered ye and the Father shall have custody in even numbered years. C. EASTER: The Easter period of custody shall run from the Friday before Easter at 6:00 pm through Easter Sunday at 6:00 pm. The Father shall have custody of the Child over Easter in odd numbered years and the Mother shall have custody in even numbered years. D. MEMORIAL DAY/ JULY 4TH /LABOR DAY: The period of-custody over the Memorial Day, July 40` and Labor Day holidays shall run from the evening. beforethe holiday at 6:00 pm through the day after the holiday at 8:00 am. The Father shall have custody of the Child over Memorial Day and Labor Day in even numbered years and over July 0 in odd numbered years. The Mother shall have custody of the Child over Memorial Day and Labor Day in odd numbered years and over July 0 in even numbered years. E. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child over Mother's Day and the Father shall have custody of the Child over Father's Day from the Saturday before the holiday at 6:00 pm through Monday morning at 8:00 am. F. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have custody of the Child for seven uninterrupted days each year upon providing at least 30 days advance notice to the other party. The party providing notice first under this provision shall be entitled to preference on his or her selection of periods of custody under this provision. 5. Unless otherwise agreed between the parties, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 6. In the event either party is admitted for inpatient care during his or his period of custody-for 4 tic urs or longer, that party shall contact the other parent to offer the opportunity to provide care for Ilse +Child. The parties shall notify each other as promptly as. possible of any admissions to a medical or their facility under this provision. 7. Neither party shall do or say anything which may estrange the Child from-the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the ..hild's love and respect for the other parent. Both parties shall ensure that third parties having contact ?ii.th the Child comply with this provision. S. This Order is entered pursuant to an agreement of the parties at. a Custody Conciliation :'on trence. The parties may modify the provisions of this Order by mutual consent. In the absence of 'r? utuaL9!nsen„1,_the terms of this,.Order shall control„ C c : S:even Howell, Esquire - Counsel for Father A::an Ross, Esquire - Counsel for Mother 'RUE. -COPY FOM RECORD In T stony W er of, there unto set my hand an : seat of C utt Pa. mop ? nny?.r?..n.-nm ? i 10 y i, Kelli M. Gelwicks in the Court of Common Please Plaintiff Cumberland County Pennsylvania VS. No. 03-3356 Sean M. Concannon Defendant Civil Action-Law (Custody) Answer to Petition for Contempt To: Sean M. Concannon 32 Privet Drive Etters, Pa. 17319 Answer to Petition for Contempt 1.) Mother has lived in the same townhouse for one and a half years and in the same complex for close to 3 years. Father and Paternal Grandmother have been to complex many times picking up or dropping off Child. Address history is recorded by domestic relations. 2.) Father provided physical address once and stated that it was not his official legal address. Father stated that all corresppndence should be sent to his Wormieysburg address. On 8-16-2008 child stated to Mother and Step Father that child and Father were moving to Mechanicsburg, Pa. in one month. Child also stated she did not know what school district child would be attending due to Fathers confusing statements to child. 3.) Admitted 4.) Mother admits error in custody order submission. 5.) a.) 9-19-08. Father was advised by Mother that Father was willfully disobeying the court order. (email attached as exhibit 1). He acknowledged the violation by stating, "that this will be handled in court". (email attached as exhibit 1a) b.) See email from Judi Kern, Maternal Grandmother (email attached as exhibit 2) c.) Besides the repeated refusal of following the custody order, Father has told Child very negative lies about Mother which child has repeated to several people. Child also informed Mother and Step Father that child gets in trouble for repeating things Father tells child. d.) Child has told numerous people that Father tells her lies about Mother wanting to abuse her and that's why Father doesn't want child to see Mother. Child has no memory of every suffering any physical harm by Mother. e.) Child told Mother and Step Father that Father told her that Mother killed her little brother. Child has also stated that Father spanked her for telling Mother. f.) Father has never contacted Mother regarding any Educational or Religious decisions. Mother has called Father several times before and on her first day of school. Found out about first day of school directly from Child. Father does not share this information with Mother. Father has denied the Mother to partake in her first day of school verbally over the phone as well as did the paternal Grandmother. 6.) Agreed/ Admitted 7.) Agreed/Admitted 8.) Mother's attempts to follow order were hindered because of Father and Paternal Grandmother's unwillingness to follow custody order. The issue became increasingly worse after Mother was married. 9.) Deny - Mother has numerous phone records to prove calls were made to Father and Paternal Grandmother. Calls were never returned by Father or Paternal Grandmother. 10.) Maternal Grandparents were punished and threatened with non-visitation after a visit with Mother took place on May 10"' and May 112008. (See email attached as article 2) 11.)Maternal grandparents moved in July of 08. 12.) Mother consistently saw Child during period of 2004 thru 2006 as often as Father would allow. Father and Paternal Grandmother constantly made plans for Chili during Mothers ordered visitations. (See pictures attached as exhibit 4) From 2007-2008 Mother had to secretly see Child through Maternal Grandparents to keep Child safe from Fathers verbal abuse against Mother and child. Order was being violated maliciously by Father at that time. 13.) Mother can obtain police records and has in possession, pictures of Child's visit on Mother's Day 2008. Visits also were conducted consistently through Maternal Grandparents during this period. (See email attached exhibit 2) 14.)Admitted. Mother is requesting primary physical custody of child due to Fathers fraudulent statements to Child and Mother, hindering of bond, constant uncooperativeness and verbal abuse towards both Mother and Child. Mother is also requesting primary physical custody due to Fathers felony record and ownership in well known, popular retail shop selling items that can be used as drug paraphernalia. 15.) Mother does not agree. Mother is requesting primary physical custody of Child. 16.) Father is the cause for order not being followed. Father believes that if the parents aren't together, only one parent should have the child. Mother will allow visitations with Father and not hinder the bond. 17.) All mental health incidents occurred during relationship period between Mother and Father. Not one incident occurred since Mother's permanent separation from Father. 18.) Mother has never threatened to kill Child. Mother admits she was treated for severe postpartum depression and has had no issues since permanent separation from Father. Mother's mental health issues are non-admissible due to Mothers extended period of recovery of over 5 years. 19.)Please see phone records attached as proof no contact took place on specified date. Statement was never made. (phone records attached at exhibit 3) 20.)Agreed 21.) Denied. Father will not disclose any details regarding Child's education, extra-curricular activities or religion. Mother made several calls prior to Childs first day of school as well as 6 calls on the actual day with no response. Father deliberately denied ability to partake in Child's first day of school. Paternal Grandmother denied Mother's ability to take Child to school. 22.) Due to Fathers consistent hindering of bond, verbal abuse to both Child and Mother, unwillingness to follow custody order and constant threats, Mother is requesting Full Primary Custody of Child. Mother can provide a stable, two parent, loving family that consists of 36 immediate local family members. Both Mother and Step Father have beneficial flexibility with work schedules to meet all of Child's needs and attention. Mother and Step Father can provide a more stable financial setting as well as a supportive, loving, home environment. Wherefore, Mother seeks a dismissal with prejudice of the Petition for Contempt and no award for Plaintiffs counsel fees. Mother further seeks a modification in the present Order to Full Primary Custody due to Fathers unwillingness to follow present Order. Respectfully Submitted, By: _[Lku Al r-h - , Kelli M. Gelwicks Mother 611 Gates Ln. Enola, Pa. 17025 717-319-5213 Certificate of Service I hereby certify that on the dates set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Sean M.Concannon 32 Privet Drive Etters, Pa. 17319 Dawn S. Sunday, Esquire Sunday & Sunday 39 West Main Street Mechanicsburg, Pa. 17055 Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, Pa. 17070 717-770-1277 Attorney for Plaintiff Date: September 29, 2008 By: ?.J r? Kelli M. Gelwicks Verification i/we certify that the statements made in the foregoing document are true and correct. i/we understand that false statements herein are made subject to the penalties of the 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. ? L C By: Kelli M. Gelwicks Date: / 6 .2008 Attached Exhibits Pertaining to Answer to Petition for Contempt No: 03-3356 Exhibit 1- Email from Mother to Father stating that Father is willfully violating present custody order by selecting times Father is willing to allow Mother to see child. Exhibit la - Email from Father to Mother responding to Exhibit 1. Exhibit 2 - Email from Maternal Grandmother to Mother/Courts stating Fathers abuse and violation of custody order and threat to cut contact between Maternal Grandparents and Child Exhibit 3 - Phone records. Exhibit 4 - Pictures of Child with Mother on dates Father states Mother was absent. Sean, I want her for more time than 6 hours. It is court ordered that I am to get her 3 weekends a month. If you will not comply to the order then the least you could agree to is giving me a full day with her. I would like to have Molly from no less than 9am to 7pm. However I still feel that you should allow me to have the weekend with my daughter. Kelli -----Original Message----- From: sean@customblends.com [mailto:sean@customblends.com] Sent: Friday, September 19, 2008 5:17 PM To: Kelli Gelwicks Subject: RE: Molly > If you would like I can drop her off on Sun the 28th from 12-6 if you could return her. Sean Please let me know as soon as you can. If you will allow I would like her > both days, she can just sleep over. Let me know. > Kelli > -----Original Message----- > From: sean@customblends.com [mailto:sean@customblends.com] > Sent: Monday, September 15, 2008 2:03 PM > To: Kelli Gelwicks > Subject: Re: Molly >>If you would like to next weekend on the 27th or 28th. I'll let you know > at the end of this week what might work. > Sean > When can I see Molly again? >> Kelli 1 From: Kelli GeMricks [ke1li0818@comcastnetJ Sent: Friday, September 19, 2008 5:46 PM To: 'sean@customblends.com' Subject: RE: Molly >Would you like her from 12-6 on Sun or does that not work. The custody order has not been followed BY YOU for 2 or 3 years. This will be discussed on Oct 1 in court. Sean Sean, > I want her for more time than 6 hours. It is court ordered that I am > to get her 3 weekends a month. If you will not comply to the order > then the least you could agree to is giving me a full day with her. I > would like to have Molly from no less than gam to 7pm. However I still > feel that you should allow me to have the weekend with my daughter. > Please keep in mind that you are willfully disobey the court ordered > custody agreement. > Kelli > -----Original Message----- > From: sean@customblends.com [mailto:sean@customblends.com] > Sent: Friday, September 19, 2008 5:17 PM > To: Kelli Gelwicks > Subject: RE: Molly >> If you would like I can drop her off on Sun the 28th from 12-6 if you > could return her. > Sean > Please let me know as soon as you can. If you will allow I would like > her >> both days, she can just sleep over. Let me know. >> Kelli >> -----Original Message----- >> From: sean@customblends.com [mailto:sean@customblends.com] >> Sent: Monday, September 15, 20e8 2:03 PM >> To: Kelli Gelwicks >> Subject: Re: Molly >>>If you would like to next weekend on the 27th or 28th. I'll let you >>Anow >> at the end of this week what might work. >> Sean >> When can I see Molly again? >>> Kelli 1 From: sean@customblends.com Sent: Friday, September 19, 2008 6:07 PM To: Kelli Gelwicks Subject: RE. Molly Kelli, In 2007 we had Molly for many, many weekends including a 10 day sailing vacsiiion with us in July when his mother was on Martha's Vineyard. All summer long we had her every other wedcend to go sailing on the Chesapeake Bay. In January, when we started to get our home ready for sale, we informed bath Seem and Molly that we eoulddt kap having her over as ofleu beem a we were spending our weekends cleaning out and packing. We did manage to we her at least once a month, and then had her for the Mother's Day weekend, but had to return her to Sam by 10:00 a.m. on Mothers Day because he was her to a celebration for her grandmoter. He told me she could come Vend several weeks in TX with us one we got into our new home. When I called him from TX in July about having Molly come to TX for several weeks, he called back and told me that sine I had allowed Molly to see you, her mother, that he coulddi trust me and would not trust me to have Molly in Texas. He told Molly that she had "special" things to do (Le. going to Hashey Pads) and thaft why stye couldn't come to Tares. Now that school has stinted, I can't we Molly. Besides, he told me if I wanted to see Molly I could take him to court. This is ridiculousl Molly loves spending time with her only dhear and me. She needs to be loved by everyone of her family members not just the C,ancannons. Please know that Sean is verbally abusive on the phone and tries to bring up things that never really happened. He tries to tell me that you hit Molly when the truth is that Molly got a bump on her forehead whm.she was with me and hit her head on my coffee table. There are so many times he's made scenes and won't obey the court orders. His standard answer is, "Fine. Take me to court if you don't like lt." Why should we have to spend that kind of money just to see our granddaughter. Please make changes and dodt allow Seas to have unsupervised visitation bec om it a my belief that he. will not retina the child at the end of the visit. He once took Molly when Kelli had her living with her, turned her over to his mother, and kft town. He instructed his mother not to give Molly bards to her mother. Kel i was faked to file for emergency custody. These are the type of shanahrigans tine Seas putts. He tells Molly that her moths hits her, her mother is crazy and other lies that Molly relates to us. Molly told me that her Daddy doesn't like it when she sues or talks to her mother. We used our visits to enable her to keep in touch with her mother and not malty San angry with Molly. This is just more than a 6 yeast old should have to deal with. If you need further morn or corroboration, phase don't hesitate to call. Sincerely, Judith A Kem 213 Perthshire Drive Comm Chrlati, TX 78418 (361) 239-0089 Cell: (361) 244-9607 From: Judi Kern Otogoembahoo corn] soft Tuee ft, Seepteinber 02, 2008 7.18 PM To: KeNi Gabes Subject: MONY CP ]dill - AT&T Page 7 of 74 e qv a1, 'R Summary of , Included Minutes Usage Charges in Plan Used Billed M I=T9NATP1400RUMMUNW Peak 313 /UNLIMITED SHARED EXPANDED M2M 394 /UNLIMITED NIGHT & WKD CTH SHARE 122 Long Distance Domestic See Call I Roaming ? 25 See Call I Subtotal ? 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AT&T 652 Sun 08/26 02:17PM 653 Sun 08/26 02:19PM 654 Sun 08/26 02:22PM 655 Sun 08/26 02:24PM 656 Sun 08/26 02:42PM 657 Sun 08/26 03:18PM 658 Sun 08/26 03:20PM 659 Sun 08/26 03:23PM 660 Sun 08/26 03:25PM 661 Sun 08/26 08:17PM 662 Sun 08/26 08:18PM 663 Sun 08/26 10:15PM 664 Mon 08/27 08:31AM 665 Mon 08/27 09:02AM 666 Mon 08/27 12:52PM 667 Mon 08/27 01:34PM 668 Mon 08/27 01:34PM 669 Mon 08/27 01:34PM 670 Mon 08/27 01:37PM 671 Mon 08/27 01:38PM 672 Mon 08/27 01:42PM 673 Mon 08/27 01:42PM 674 Mon 08/27 01:43PM 675 Mon 08/27 02:11 PM 676 Mon 08/27 02:17PM 677 Mon 08/27 02:20PM 678 Mon 08/27 02:21 PM 679 Mon 08/27 02:21 PM 680 Mon 08/27 02:22PM 681 Mon 08/27 02:23PM 682 Mon 08/27 02:24PM 683 Mon 08/27 02:24PM 684 Mon 08/27 02:25PM 685 Mon 08/27 04:10PM 686 Mon 08/27 04:11 PM 687 Mon 08/27 06:23PM 688 Tue 08/28 12:48AM 689 Tue 08/28 06:45AM 690 Tue 08/28 07:35AM 691 Tue 08/28 07:47AM 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-669-1338 717-798-2824 717-798-2824 717-798-2824 717-805-2898 717-805-2898 717-805-2898 717-623-3939 717-623-3939 717-805-2898 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-623-3939 717-805-2898 717-805-2898 717-623-3939 717-798-2824 717-798-2824 717-805-2898 717-805-2898 Page 29 of 74 M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M M2M TEXT M MTM Other MTM Other MTM Other M2M TEXT M M2M TEXT M M2M TEXT M MTM Other MTM Other M2M TEXT M MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other MTM Other M2M TEXT M M2M TEXT M MTM Other MTM Other MTM Other M2M TEXT M M2M TEXT M httpsJ/www.wmless.att.oom/pmt/Jsp/mypayment/viewbiliMewFullBi i Jsp?reporOxt=E... 9x18/2008 ? k Ik?t3?7 u 4 i C y1 N c? i 1 Fri ni 1 ... 7-1p E y, :-47 4-0 0t OCT 0 8 2008 cl KELLI M. GELWICKS Plaintiff vs. SEAN M. CONCANNON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this A day of o&Z4" , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated September 2, 2003, and August 24, 2004 are vacated and replaced with this Order. 2. The Mother, Kelli M. Gelwicks, and the Father, Sean M. Concannon, shall have shared legal custody of Molly Concannon, born January 13, 2002. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall have physical custody of the Child in accordance with the following schedule: A. The Mother shall have custody of the Child on the second, third and fourth weekend of each month from Friday at 2:45 p.m., when the Mother shall pick up the Child at school through Sunday at 5:15 p.m., when the Father shall pick up the Child at the Mother's residence. The Mother's first weekend period of custody under this provision shall begin on Friday, October 10, 2008. In addition, the Mother shall have custody of the Child every Wednesday from 4:00 p.m. until 7:00 p.m., for which the parties shall exchange custody at the Karns store in the West Shore Plaza in Lemoyne. The Mother's first Wednesday evening period of custody shall take place on October 8, 2008. B. The parties shall meet at the Coliseum Restaurant from 4:00 p.m. until 7:00 p.m. on October 2°d, 3`d or 4t' as selected by the Father. The purpose of the initial meeting shall be to promote the Child's emotional well-being in the transition to an ongoing custody schedule. C. The Father shall have physical custody of the Child on the first and fifth (during months having a fifth full weekend) weekend of each month and at all times not otherwise specified for the Mother in this Order. 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from December 23 at 12:00 noon through Christmas Day at 6:00 p.m. and Segment B, which shall run from Christmas Day at 6:00 p.m. through December 26 at 6:00 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanks iving: The Thanksgiving period of custody shall run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day at 6:00 p.m. The Mother shall have custody of the Child over Thanksgiving in odd-numbered years and the Father shall have custody in even numbered years. C. Easter: The Easter period of custody shall run from the Friday before Easter at 6:00 p.m. through Easter Sunday at 6:00 p.m. The Father shall have custody of the Child over Easter in odd- numbered years and the Mother shall have custody in even-numbered years. D. Memorial Day/July Fourth/Labor Day: The period of custody over the Memorial Day, July Fourth and Labor Day holidays shall run from the evening before the holiday at 6:00 p.m. through the day after the holiday at 8:00 a.m. The Father shall have custody of the Child over Memorial Day and Labor Day in even-numbered years and over July Fourth in odd-numbered years. The Mother shall have custody of the Child over Memorial Day and Labor Day in odd-numbered years and over July Fourth in even-numbered years. E. Mother's Day/ Father's Day: In every year, the Mother shall have custody of the Child over Mother's Day and the Father shall have custody of the Child over Father's Day from the Saturday before the holiday at 6:00 p.m. through Monday morning at 8:00 a.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for seven (7) uninterrupted days each year upon providing at least thirty (30) days advance notice to the other party. The party providing notice first shall be entitled to preference on his or her selection of periods of custody under this provision. 6. Both parties shall ensure that the Child has reasonable, unrestricted telephone access to the other parent during his or her periods of custody. 7. The Father shall notify the Child's school prior to the Mother's first weekend period of custody to ensure that the Mother is able to pick up the Child directly from school. The Father shall cooperate in obtaining any necessary forms or other information to enable the Mother to do so. r 7. The Father shall notify the Child's school prior to the Mother's first weekend period of custody to ensure that the Mother is able to pick up the Child directly from school. The Father shall cooperate in obtaining any necessary forms or other information to enable the Mother to do so. 8. Except as otherwise specified in this Order or agreed between the parties, the parent receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 9. In the event either party is admitted for inpatient care during his or her period of custody for 24 hours or longer, that party shall contact the other parent to offer the opportunity to provide care for the Child. The parties shall notify each other as promptly as possible of any admissions to a medical facility under this provision. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY COURT, Edward E. Guido J. cc: ?Welli M. Gelwicks - Mother ? Steven Howell, Esquire - Counsel for Father 1-0P O e. 1 t'ri? 8S 0 d L--1'30 ROOZ KELLI M. GELWICKS Plaintiff VS. SEAN M. CONCANNON Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-3356 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Molly Concannon January 13, 2002 Father 2. A custody conciliation conference was held on October 1, 2008, with the following individuals in attendance: the Mother, Kelli M. Gelwicks, who is not represented by counsel in this matter, and the Father, Sean M. Concannon, with his counsel, Steven Howell, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SEAN M. CONCANNON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2003-3356 CIVIL ACTION LAW - i -, KELLI M. GELWICKS IN CUSTODY 3 DEFENDANT - ORDER OF COURT AND NOW, Thursday, October 20, 2011 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, November 21, 2011 at 12:00 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. 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/ Dawn S. Sunda Es 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 Y,f c rCv P y ma?'l ec? ? Sin ddy - ? 0 L w.. t..• ' . :11IOCT 21 f'M SEAN M. CONCANNO-RU~~~RLAH0 ' ~ ~ ~ ~_~,;1. ~a ~ ~4 cN' THE COURT OF COMMON PLEAS OF Plaintiff UMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-3356 CIVIL TERM KELLI M. GELWICKS, : CNIL ACTION- LAW Defendant : IN CUSTODY - Judge Guido ACCEPTANf E OF SERVICE I Steven Howell, Esquire, certify that I am counsel for Sean M. Concannon, and that I am authorized to receive service of the Petition to Modify Custody. Date: I o lZ oIt St Howell, Esquire 6 zo63 70 '70 C.c.~, ~w -7) -z70 -?2-17