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HomeMy WebLinkAbout09-4226ALEISA MARKELWITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY GREGORY KELL, Defendant. : NO. 09- ??a? CIVIL TERM COMPLAINT FOR CUSTODY The plaintiff, Aleisa Markelwitz, by her attorneys, the Family Law Clinic, sets forth the following cause of action in custody. 1. The plaintiff is Aleisa Markelwitz , residing at 3 James Court, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is Gregory Kell, residing at 157 E. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks primary custody of: Name Present Residence Age Isaac Kell 3 James Court, Carlisle, PA 17015 3 wks (dob 5/28/09) The child was born out of wedlock. Plaintiff believes the child is presently in the custody of Gregory Kell, who resides at 157 E. Penn St., Carlisle, PA 17013. During the past five years the child has resided with the following persons at the following addresses: Persons Address Dates Aleisa Markelwitz 3 James Court, Carlisle, PA 17015 (5/28/09-6/19/09) The mother of the child is Aleisa Markelwitz. She is single. The father of the child is Gregory Kell. He is single. 4. The relationship of plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationship Matthew Vogt Plaintiff's Son Madison Vogt Plaintiff s Daughter 5. The relationship of defendant to the child is that of father. The defendant currently resides with the following persons: Name Relationship Nancy Kell Defendant's Grandmother Other Possible Unknown Individuals 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff has been the child's primary caretaker for all of the child's life; b. Plaintiff provides the child with a stable home and environment with adequate moral, emotional, and physical surroundings as required to meet the child's needs; c. Plaintiff has permitted contact between Defendant and the child and will continue to do so; whereas Defendant has denied Plaintiff access to child. d. Plaintiff is willing to accept custody of the child. . 10 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody to the child have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant her shared legal custody and primary physical custody of the child, with the father having periods of partial custody. Date: 6IZ5 Certified Legal Intern ?/ ea?ez?lQ THO M. PLAC ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ALEI A MARKELWITZ Adam Britcher t t tt.r ?C OF THEE ['V,t1 411i,,IIO3ARY 2009 JUN 23 P 12: `' tart., ?, ALEISA MARKELWITZ, Plaintiff V. GREGORY KELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 09- vo7el ? CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow ALEISA MARKELWITZ, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Res ectfully mitted, Date Adam Britcher Certified Legal Intern ANNE ALD-FWX- ROBERT`E. RAINS THOMAS M. PLACE MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 filL?Lt--i;Fa?rCE OF THEE P'Q1f'?TF-fTIOTARY 2009 JUN 23 P1112: 34 UND/ ALEISA MARKELWITZ, Plaintiff/Petitioner V. GREGORY KELL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY :NO. 09- CIVIL TERM PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R.C.P. 1915.13 AND NOW, this 23 day of June, 2009, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, comes the Petitioner, Aleisa Markelwitz, by her attorneys, the Family Law Clinic, seeking emergency custody of the minor child, Isaac Kell, born May 28, 2009. In support of her Petition for Emergency Relief, Petitioner avers the following: 1. The petitioner is Aleisa Markelwitz, an adult individual who resides at 3 James Court, Carlisle, Cumberland County, PA 17015. 2. The respondent is Gregory Kell, an adult individual who resides at 157 E. Penn St., Carlisle, Cumberland County, PA 17013. 3. The petitioner is the biological mother (hereinafter "Mother") of the three-week- old minor child, Isaac Kell, born May 28, 2009 (hereinafter "Child"). 4. The respondent is the biological father (hereinafter "Father") of the child. 5. The child was born out of wedlock. 6. Child has resided with Petitioner since birth, at 3 James Court, Carlisle, PA 17015. 7. Mother has been the primary caretaker of the child since his birth. 8. The parties have never resided together. 9. Father has exercised minimal physical custody for periods extending not longer than a few hours a day and never any overnights. 10. On June 19, 2009, Father and Mother argued over proper parenting. Father threatened that if he couldn't raise Child then no one would. After Father calmed down, Mother left Child with Father at her house in order to secure proper transportation for herself and her children. When Mother returned, Father and Child were not at her residence. 11. Mother then went to Father's residence and was told that he was not present there and that he might be in Virginia at the family's cabin but has since discovered that Father is residing with Child at Father's grandmother's house where Father had lived during the parties' relationship. 12. Mother has repeatedly tried to contact Father, but Father has not responded to Mother's phone calls. Mother has no other way to contact Father at this time and subsequently has no contact with Child. 13. Mother believes that Father suffers from mental illness as a result of head trauma due to a car accident several years ago. 14. Mother primarily breastfeeds Child, but occasionally uses formula as a supplement, and is worried about her ability to continue breastfeeding if her absence from the child is extended. 15. Mother's attorney has attempted to reach Father by phone but Father does not answer the telephone. 16. Mother is filing a Complaint for Custody contemporaneously with this Petition for Special Relief. 17. Mother believes and therefore avers that it is in the best interests of the minor Child that Mother be granted shared legal and temporary primary physical custody of Child, pending further Order of Court. WHEREFORE, the petitioner, Aleisa Markelwitz, respectfully requests that this Honorable Court restore the status quo by entering an Order granting Petitioner shared legal and temporary primary physical custody of the Child, Isaac Kell, by ordering Respondent to return the Child immediately to Petitioner, by directing the Cumberland County Sherriff's Department to assist if necessary in the return of the child to Petitioner and by scheduling this matter for hearing or conciliation. Respectful d, Date Adam Britcher Certified Legal Intern _?&M „re. a?4?, LUCY J STON-WALS ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: k)z 9w Aleisa NfAelwitz,-Petitioner OF THE 2009 J'v'112 3 P I'll 12*. -7TIoO -3 z%j F:T1LES\Clients\12463 Kell\ 12463.2.emer9ency response.-pd Revised 626/09 3:24PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ALEISA MARKELWITZ, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY KELL, Defendant/Respondent NO. 09-4226 CIVIL ACTION - LAW IN CUSTODY RESPONSE TO PETITION FOR SPECIAL RELIEF SEEKING EMERGENCY CUSTODY PURSUANT TO PA R C P 1915 13 AND REQUEST FOR IMMEDIATE CUSTODY CONCILIATION CONFERENCE AND NOW, comes Respondent, Gregory Kell, by and through his attorneys, MARTSON DEARDORFF, WILLIAMS, OTTO, GILROY & FALLER, who avers the following: 1. Admitted. 2. Denied. Respondent resides at 165 Church Road, Carlisle, Pennsylvania 17015. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part, denied in part. Father resided at the address with Mother and the Chidl since before the Child's birth and until June 19, 2009. 7. Admitted in part, denied in part. It is admitted that Mother has been a caretaker of the child since birth; however, Father has been the primary caretaker of the child, along with members of Father's family. 8. Denied. Father resided with Mother at her residence during her pregnancy and since the baby's birth, until June 19, 2009. 9. Denied. Father has had extended physical custody of the infant and has, in fact, been the primary caretaker of the child, as well as Mother's two children from a previous relationship. 10. Denied. On June 19, 2009, Mother threw one of her children's sippy cups at Father, hitting him in the face with it, while he was holding the Child, Isaac. Mother told Father she was taking her other children and leaving, which she did. Father then took the Child with him when he left Mother's residence as she was gone and he did not feel the Child was safe with her anyway. 11. Denied. By way of further response, Father's grandmother is Nancy Haines, who lives at 157 East Penn Street, Carlisle, Pennsylvania. Mother, along with two male companions and another female, went to Nancy Haines' home on or about June 19, 2009 looking for Father and Child, and threatened Father's grandmother. Mrs. Haines at no time informed Mother that Father was at the family's cabin; the family's cabin is not even in Virginia, it is in Northern Pennsylvania. Mrs. Haines simply told Mother that Father and Child were not there. Father and the Child are residing at the address in paragraph 2 above. Mother has continued to drive by Mrs. Haines' home to harass her, which has caused her anxiety. Mrs. Haines has health problems and watches other people's children during the day, and has been very stressed out by Mother's harassment and involvement of her in this custody matter. 12. Denied. Father responded to Mother's calls through text messages. By way of further response, Mother had phone numbers of Father's mother and step-father, and at no time did she attempt to call them, that they are aware of. 13. Denied. This allegation is totally baseless and inflammatory. Father was in a car accident several years ago but does not suffer any lasting injury or trauma or mental illness from same. On the contrary, Mother has exhibited such unstable, irrational and violent behavior and outbursts that Father believes Mother may be suffering from sort of mood or hormonal disorder and that the Child may be in danger in Mother's custody. 14. Denied. Mother has not breast-fed the Child since the time he was two weeks' old. All feedings have been with formula, and Father has done the majority of the baby's feedings since his birth. It is very disturbing that Mother would falsely claim she is breast-feeding to gain a tactical advantage in an ex parte custody petition. Father went so far as pumping Mother's breasts for milk when she was attempting to breast-feed, however Mother lost interest or commitment to breast- feeding early on and would not have had a sufficient milk supply on June 19th, when she abandoned Father and the Child. 15. Denied. Father has no information to determine the truth of this paragraph and it is therefore denied. Father had no messages or phone calls from Mother's attorney. Moreover, Mother knew the phone numbers for Father's mother, step-father and grandfather, and none of them were contacted either. 16. No response is necessary. To the extent a response is required, it is denied. 17. Denied. This paragraph constitutes a request for relief to which no response is required. REQUEST FOR IMMEDIATE CUSTODY CONCILIATION CONFERENCE 18. The prior paragraphs are incorporated herein. 19. Father has serious concerns about Mother's emotional stability and ability to adequately care for Child, for the reasons set forth above and below. 20. Mother has twins who are 18 months at home. 21. Mother's twins are behind on medical care and immunizations. 22. Mother has failed to give her son, Matthew, his steroid (maintenance) and albuterol (rescue) treatments for his asthma. Father would have to give Matthew his treatments or he did not receive them, and Mother let the prescriptions run out without refilling them for days. 23. Mother also takes all the children to her mother's residence, where there is heavy smoking in the home, which is harmful to any child, but particularly an infant and a young child with asthma. The maternal grandmother is Robin Johnson. 24. Mother does not have a Driver's License, but often drives regardless. 25. Mother lives out near Plainfield, away from town, without a Driver's License and Father fears for Child's safety in the event he would need emergency transportation and/or medical care. 26. Father is concerned about Child in Mother's care because her twins often go hours and hours without diaper changes and get severe diaper rashes. 27. Mother's twins have been placed in harm's way at the maternal grandmother's house where they have injured themselves falling through holes in the deck and not being properly supervised. Father likewise fears for the safety of his own Child if left with maternal grandmother. 28. Mother often fails to supervise the twins in her own home, and Father fears for his Child's safety without the proper supervision of the twins. 29. Father believes Mother could benefit from receiving parenting education and her G.E.D., which Mother has refused to date. 30. Father fears for the safety and well-being of his Child while in Mother's care, and believes the Child might suffer from irreparable harm if left in Mother's sole custody until a hearing in mid-July. Therefore, Father requests an immediate Conciliation Conference since the Court cannot hear the case sooner than July 16, 2009. 31. Counsel for Mother has been informed that this response and request would be filed and indicated that the Family Law Clinic would not concur in attending an expedited conciliation because they "did not see the need for it," given that their client is benefitting from an ex parte order. 32. Judge Oler signed an Order granting the Mother's request and scheduling a hearing in this matter on her Petition for Special Relief. 33. John J. Mangan, Esquire has been assigned as a Conciliator and the Conciliation is scheduled for August 4, 2009 at 8:30 a.m. 34. Attorney Mangan has openings to hold an expedited conciliation on either July 1, 2009 at 1:00 p.m. or July 2, 2009 at 8:30 a.m., and Father respectfully requests that the Court order the Conciliation for one of those times. WHEREFORE, Father requests a Custody Conciliation Conference be held on an expedited basis during the week of June 29, 2009, to be held either July 1, 2009 at 1:00 p.m. or July 2, 2009 at 8:30 a.m. MARTSON LAW OFFICES By Jennif . Spears, Esquire 10 East gh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Respondent Date: June 26, 2009 CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response was served this date by faxing and mailing same, first class mail, postage prepaid, addressed as follows: Anne MacDonald-Fox, Esquire Adam Britcher, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 John J. Mangan, Esquire Assigned Custody Conciliator Bayley & Mangan 17 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES By Shelly R. Brooks Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 26, 2009 VERIFICATION The foregoing Response is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Greg el FILED- GIFFICE OF THE Fc 3iF,"CI CTARY 2009 JUN 26 PM 3. 33 CL M3s :ro ? CJt..}Nn: n`.M,, S`UANIA ALEISA MARKELWITZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-4226 CIVIL ACTION LAW GREGORY KELL IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, June 26, 2009 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, August 04, 2009 _ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ , john,L Mangan, jr., 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 infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT 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 THE F j'r'NOTARY 2109 JUN 26 PH 3: 3 t PENNSYL.V'W1 JUN 2 4 2009 ALEISA MARKELWITZ, Plaintiff/Petitioner V. GREGORY KELL, Defendant/Respondent IN THE COURT OF COMMON PLEAS qF CUMBERLAND COUNTY, PENNSYLV T CIVIL ACTION - LAW IN CUSTODY NO. 09- ?°? CIVIL ORDER OF COURT L AND NOW, this 2day of 2009, upon consideration f the attached Petition for Special Relief, it is hereby Ordered as follows: 1. The petitioner, Aleisa Markelwitz, shall have temporary legal and primar)f physical custody of her minor child, Isaac Kell, born May 28, 2009, until Order of Court. 2. The respondent, Gregory Kell, shall immediately return Isaac Kell to Markelwitz's care and custody. 3. The respondent, Gregory Kell shall not remove Isaac Kell from the jurisdiction of this Court pending further order of this Court. 4. The Cumberland County Sherriff's Department is directed to assist, if ne ssary, in the return of the child to Petitioner, Aleisa Markelwitz. 5. A hearing regarding this Petition for Special Relief is hereby scheduled f r the /G -d? day of , 2009 at : d o'clock m in Co room 17 1/ Number Cumberland County Courthouse, Carlisle, Pennsylvani 17013, at which time the parties along with their legal counsel shall appear in pe on. BY THE COURT, J. fEl `r -/z f ?, If 611 /Y /?/Jj JUN 2 6 2009 ALEISA MARKELWITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-4226 CIVIL ACTION - LAW GREGORY KELL, Defendant IN CUSTODY ORDER AND NOW, this 0day of T_el?_ , 2009, it is ordered and directed that a Custody Conciliation Conference will be held on July _2-_, 2009 at 8 : 3 l9 a _.m. before John J. Mangan, III, Esquire. BY THE COURT, Y cc: Anne MacDonald-Fox, Esquire and Adam Britcher, Certified Legal Intern for Plaintiff -1'ennifer L. Spears, Esquire for Defendant ccoPt iEs /rt.-atLscL_ -1/'7 OF THE i;, , „f `,t ;f,rr Y Fc ? 3= ; 2 019 JUN 30 Pii JUL 0 6 2009 ALEISA MARKELWITZ, Plaintiff V. GREGORY KELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4226 CIVIL ACTION LAW IN CUSTODY Prior Judge: J. Wesley Oler, Jr., J. ORDER OF COURT AND NOW this day of July 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders of Court entered in this matter are hereby VACATED and replaced with this Order. 2. The custody hearing regarding the Emergency Petition for Special Relief scheduled for July 16, 2009 at 9:30 am is hereby CANCELLED. 3. Legal Custody: The Father, Gregory Kell, and the Mother, Aleisa Markelwitz, shall have shared legal custody of Isaac Kell, born 05/28/2009. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall share physical custody of Isaac on a repeating two week schedule as follows: a. In week one, commencing 07/02/09, Father shall have physical custody of Isaac from Thursday 7:00 am until Monday evening at 8:00 pm. Father has agreed to, and shall, provide the transportation for the custody exchanges. b. In week two, Father shall have physical custody of Isaac from Friday morning at 7:00 am until Monday evening at 8:00 pm. Father has agreed to, and shall, provide the transportation for the custody exchanges. 5. The parties have agreed to have Isaac continue with his medical care at Franklin Pediatrics until the parties mutually agree that Isaac's medical care would be appropriate at Carlisle Pediatrics or some other appropriate facility. 6. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 7. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. The holiday schedule shall supersede the regular physical custody schedule. 8. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. 9. In the event the custodial parent should take the Child out of state (or a significant distance away from their respective residences), the custodial.parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 10. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 11. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 12. This Order is entered pursuant to 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. D'stribution: e Family Law Clinic, Adam Britcher ,,-T;Snnifer Spears, Esquire ?hn J. Mangan, Esquire 0, ;;; . WC - 7 e 10cf REGULAR PHYSICAL CUSTODY SCHEDULE Monda Tuesda d m m d m m W m Im m Im Im HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Father Mother Independence Da From 9 am until 9 m Mother Father Labor Da From 9 am until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 St From 7 am Thanksgiving Day to 2 Mother Mother Half m on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Da Christmas 1 St Half From noon on 12/24 to noon on Father Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Mother Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 m Father Father ALEISA MARKELWITZ, Plaintiff v. GREGORY KELL, Defendant Prior Judge: J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-4226 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Isaac Kell 05/28/2009 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 2, 2009 with the following individuals in attendance: The Mother, Aleisa Markelwitz, with her counsel, The Family Law Clinic, Adam Britcher The Father, Gregory Kell, with his counsel, Jennifer Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John J&ng quire Cust o r RIC T pi: 2009 ju! P.., Vl?l9Y??" .- r_r'I ° ?77! t/ ? i?i1 F \FILESTlients\12463 Kell\ 12463.2. petition to withdraw Revised. 5/7,'12 10 28AM Jennifer L. Spears, Esquire MCC) MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -M MARTSON LAW OFFICES I.D. 87445 r- r 10 East High Street " Carlisle, PA 17013 7C. (717) 243-3341 Attorneys for Defendant - ALEISA MARKELWITZ, IN THE COURT OF COMMON PLEA S OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY KELL, Defendant NO. 09-4226 CIVIL ACTION - LAW IN CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Jennifer L. Spears, Esquire, of MARTSON LAW OFFICES, who petitions this Court for leave to withdraw as counsel for Defendant, Gregory Kell, in the above- captioned matter and in support thereof avers as follows: 1. Plaintiff is Aleisa Markelwitz, and she is represented by Jessica Holst, Esquire. 2. Defendant is Gregory Kell, and he is represented by Petitioner Jennifer L. Spears, Esquire. 3. Jennifer L. Spears, Esquire, of Martson Law Offices began representing Defendant in June 2009 for a custody matter. 4. Defendant currently has a significant balance owed to Petitioner, some of which has been owed for over a year. 5. Petitioner is unable to contact Defendant as he moves constantly and changes his phone numbers. 6. There are no pending custody matters before the Court at this time. 7. Petitioner cannot continue representing Defendant with a significant balance due and unpaid, with no efforts being made by Defendant to pay on the balance. 8. Petitioner wishes to withdraw her representation of Defendant in the above action. Petitioner has informed counsel for Plaintiff, Megan M. Riesmeyer, Esquire, of her intention to withdraw as counsel and she has no objection. 10. The Honorable J. Wesley Oler, Jr., has issued Orders in this action. WHEREFORE, Petitioner, Jennifer L. Spears, Esquire, of Martson Law Offices respectfully requests this Honorable Court to grant her Petition for Leave to Withdraw Representation as Counsel of Defendant in the above matter. MARTSON LAW OFFICES By Jennifer L. *ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 1 ?-) III, Attorneys for Defendant Date: VERIFICATION I verify that the statements contained herein are true and correct. 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. r enn fe L. Spears, Esquire n Dated: CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Leave to Withdraw as Counsel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Megan M. Riesmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Mr. Gregory E. Kell 165 Church Road Carlisle, PA 17015 MARTSON LAW OFFICES ? E ?yjia D. c enroad Ten East HStreet Carlisle, PA 17013 (717) 243-3341 Dated: May 7, 2012 Yi 0Tlft? 'tt t ALEISA MARKELWITZ,2g12 MAY 10 PM 2: 5. Plaintiff CUMBERLAa O CUL'N r ? PENNSYLVANIA V. GREGORY E. KELL, Defendant JW4L IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT IN CUSTODY NO. 2009 - 4226 CIVIL TERM IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT Iti AND NOW, this (e day of May, 2012, upon consideration of the Petition to Withdraw as Counsel of Defendant, filed by Jennifer L. Spears, Esquire, of Martson Law Offices, and it appearing to the court that (1) with the exception of the filing of the instant Petition, there has been no activity on the docket for nearly three years; (2) that counsel for Plaintiff, Megan M. Riesmeyer, Esquire, has no objection to Defense Counsel's request to withdraw, and (3) that defense counsel has been unable to communicate with the Defendant, a RULE is issued upon all interested parties to show cause why Defense Counsel should not be entitled to withdraw as defense counsel. RULE RETURNABLE within twenty days from the date of service of this order. DEFENSE COUNSEL shall effectuate service of this rule upon Defendant. Proof of such service must be filed prior to the court entertaining a Motion to Make Rule Absolute. Placey C.P.J. Distribution List: Jennifer L. Spears, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 For Defendant/Petitioner herein Megan M. Riesmeyer, Esq. Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Plaintiff ? Mr. Gregory E. Kell 165 Church Road Carlisle, PA 17015 Defendant/Respondent herein