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HomeMy WebLinkAbout07-1853ELIZABETH M. HALDEMAN, Plaintiff V. RANDY R. HALDEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 67-1853 IN CUSTODY COMPLAINT FOR CUSTODY SAIDISp FLOWER & LINDSAY ATTORNM AT•IAW 26 West High Street Carlisle, PA 1. The Plaintiff is Elizabeth M. Haldeman, residing at 7 Sna Lane, Mechanicsburg Cumberland County, Pennsylvania. 2. The Defendant is Randy R. Haldeman, residing at 567 Brighton Place Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Acme Matthew Haldeman and 7 Sna Lane Mechanicsburg, PA and 15 Michael Haldeman 567 Brighton Place, Mechanicsburg, PA 11 and Randy R. Haldeman 567 Brighton Place, Nov. 2003 until present Mechanicsburg, PA The children were not born out of wedlock. The children are presently in the custody of Mother 50% of the time of more, whc resides at 7 Sna Lane, Mechanicsburg, Pennsylvania and Father 50% of the time or less, whc resides at 567 Brighton Place, Mechanicsburg, Pennsylvania. During the past five years, the children have resided with the following persons and a the following addresses: Name Address Dates Elizabeth M. Haldeman and 7 Sna Lane, Mechanicsburg, PA Birth until Nov. 2003 Randy R. Haldeman Elizabeth M. Haldeman 7 Sna Lane, Mechanicsburg, PA Nov. 2003 until present The mother of the children is Elizabeth M. Haldeman, currently residing at 7 Sna Lane, Mechanicsburg, Cumberland County, Pennsylvania. She is single. The father of the children is Randy R. Haldeman, currently residing at 567 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania. He is single. 4. The relationship of Plaintiff to the children is that of Mother. 5. The relationship of Defendant to the children is that of Father. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children 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 physica custody of the child or claims to have custody or visitation rights with respect to the children. However, the parties divorced on January 14, 2004 and incorporated into their was a Marital Settlement Agreement providing equally shared custody. Paragraph 4 of Agreement is attached hereto as Exhibit "A". 7. The best interest and permanent welfare of the children will be served: (a) Defendant is relocating to the Chicago area and intends that the chil SAIDIS, FLOWER & LINDSAY ATroRNM-AT•tAw 26 West High Street Carlisle, PA remain residing with Plaintiff; and (b) Plaintiff seeks an Order to set out the times of partial custody Defendant. 8. Each parent whose parental rights to the children have not been terminated anc the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant legal and primary physical custody of the children. SAIDIS, FLOW k" & Ll Carol J. Lindsay, squi ID No. 44693 26 West High Street- -"' Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS, FLOWER & LINDSAY AMRNEY'-AT IAW 26 West High Street Carlisle, PA MARRIAGE SETTLEMENT AGREEMENT By and between RANDY R. HALDEMAN - AND - ELIZABETH M. HALDEMAN Dated: L Iv ?, ?0 5 2 003 =z=-TI CO C>.L $208.91 per month, to be paid by the first of each month, for a period of 50 months. Payments shall commence on the first full month following Husband's execution of the warranty deed. 4. Child custody and support. The parties hereby acknowledge that they are the natural parents of two minor children born of the marriage, namely, Matthew Ryan Haldeman, born May 11, 1991, and Michael Ross Haldeman, born June 28, 1995. The parties agree that they shall share physical and legal custody of the minor children as the parties mutually agree. The parties specifically agree that neither party shall seek child support from the other through the Domestic Relations Section of the Court of Common Pleas during the minority of their children and that instead they shall each be 50 percent responsible for the following expenses of the children: a. Clothing; b. School uniforms; c. Sports fees and equipment; and d. Children's hotel rooms when sports teams travel.. It is expressly agreed that the parents must communicate and reach an agreement regarding the amount of money to be spent on school uniforms, clothing purchases and sports related expenses. If one party exceeds any agreed-upon spending limits for clothes, uniforms, or sports expenses, the other party is not obligated to reimburse the first party for any amounts exceeding the parties' agreed-upon limit. Husband and Wife specifically agree that by agreeing to share the expenses set forth above, each is fully meeting his or her child support obligation for the 8 parties' minor children. The parties further agree that in the event either party brings an action for child support against the other party resulting in the Court issuing a Child Support Order, the party obligated to pay child support to the other party shall receive an alimony award from the obligee party in the exact amount of the child support obligation. Said alimony award shall not be modified or terminated on the basis of cohabitation or remarriage. The parties agree that Husband shall maintain medical insurance coverage on both children providing it is available to him at no cost through his employment. 5. Non-marital property. The parties acknowledge that they are in possession of various family heirlooms which constitute non-marital property. The parties agree that Husband shall be entitled to his grandmother's antique radio, his aunt's castle picture, his grandfather's pipe stand, and his grandmother's schoolhouse clock. Husband shall have until January 1, 2004, to remove these items from the marital home. The parties agree that Wife shall be entitled to the Cherry antique bedroom set, rolltop desk, potbelly stove, icebox, sewing machine, claw foot buffet table, victrola, and glassware. 6. Lake Ravstown Property. The parties acknowledge that Wife has an interest in a house being built at Lake Raystown, Pennsylvania. The parties further acknowledge that Husband has been involved with the planning and construction of the Lake Raystown house. The parties agree that Husband shall be entitled to have liberal use of the property during periods of time when he has physical custody of the parties' minor children provided he coordinates his time for use with Wife. 9 implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 30. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Debra Denison Cantor, Esquire and Joanne Harrison Clough, Esquire, or Reager & Adle, PC. , the parties hereto have set their hands and IZ14r?-_-- Eliz th M. Haldeman Randy R: em 19 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Eliza M. Haldeman Date: ?, .? :1 i ^ " ? _ . ! N v i -S7 ?V{ d - T ? ? 1 '1? .. ELIZABETH M. HALDEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. RANDY R. HALDEMAN DEFENDANT 07-1853 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _--Monday, April 09, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 27, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Ggro 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 /* 7M 4o. d h 1 0 Wd 6- '(A LODZ ELIZABETH M. HALDEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1853 RANDY R. HALDEMAN, Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Randy R. Haldeman, accept service of the Custody Complaint and Order of Court in the above-captioned matter. -101-4 !?/// Date Randy R. Ak&man 570 Oakwood Drive Oregon, WI 53575 SAIDIS, FLOWER & LINDSAY Aamn TS-AT-IAw 26 West High Street Carlisle, PA N ? R 6 NOV 212D07* ? ELIZABETH M. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RANDY R. HALDEMAN, NO. 07-1853 Defendant IN CUSTODY COURT ORDER ?h AND NOW, this day of November, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The document entitled "agreement" which is attached hereto and marked Exhibit `A' is incorporated as an Order of Court and the terms as set forth in the attached Exhibit `A' shall constitute a Custody Order in this case. 2. In the event either party disagrees with the terms of this Court Order, that party may Petition the Court to have the case again scheduled with the Custody Conciliator for a conference. BY THE COURT, X A,."- Judge cc: arol J. Lindsay, Esquire ,Kr. Randy R. Haldeman J F TILES\Clients\1.321 Custody Conciliationslialdetnat v. Haldeman Conciliation Report-order.wpd i1 + i J *l td no g g, -.c1 V L-,,? O L Z ELIZABETH M. HALDEMAN, Plaintiff v RANDY R. HALDEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1853 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. After conducting a Custody Conciliation and various communications between the parties and their attorney, the Conciliator has obtained an Agreement signed by both parties to be incorporated into the Court Order. The Conciliator recommends an Order in the form as attached. Date: 01?2rl&a,7 Hubert X. Gilroy, Esq Custody Conciliator ELIZABETH M. HALDEMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-1853 RANDY R. HALDEMAN, Defendant IN CUSTODY AGREEMENT This Agreement is between Elizabeth M. Haldeman of 7 Sna Lane, Mechanicsburg, Pennsylvania, hereinafter "Mother" and Randy R. Haldeman, of 570 Oakwood Drive, Oregon, Wisconsin, hereinafter "Father'. RECITALS: R.1 The parties are parents of two children, Michael Haldeman, born June 28, 1995 and Matthew Haldeman, born May 11, 1991. R.2 The parties share custody of the children pursuant to a provision in their Marital Settlement Agreement. R.3 Father has relocated to Wisconsin and the parties desire to set down their Agreement with regard to their plans for parenting the children. NOW, THEREFORE, in consideration of the mutual promises contained herein, and intending to be legally bound, the parties agree as follows: 1. The parties will share legal custody of the children with both parents able to receive information regarding the children from their doctors and teachers and with both parents cooperating to agree on important decisions with regard to the children. EXHIBIT "A" 2. The children will reside primarily with Mother and shall be in Father's custody on the following schedule: a. The first weekend of the month (the weekend defined as that beginning on the first Friday of the month) commencing at 5:00 PM Eastern standard time until Sunday at 6:00 PM Eastern time. In the event the children have a holiday from school on either Friday or Monday, the weekend may commence on Thursday at 5:00 PM Eastern time (for a Friday holiday) or extend to Monday at 6:00 PM Eastern time (for a Monday holiday). The parties, by their Agreement, may exchange weekends. Any request for exchange of weekends shall be via email only. In the event that Father must cancel a regularly scheduled weekend, he will provide ten (10) days' advance notice to Mother. b. For three weeks in the summer, taking into account the children's camp schedules. The parties agree to be flexible with one another as to the scheduling of these weeks to provide both of them an opportunity for a summer vacation with the children. Further, the parties agree to advise one another of the schedule for the children during the summer vacation weeks including any supervisors for the children or any camps which they are attending. C. For an alternating period of time over the Christmas holiday. Block A of such time shall commence on the day school recesses until halfway through the Christmas break and Block B shall extend from halfway through the Christmas break until 6:00 PM on the day before school resumes. In even numbered years, Mother will exercise custody on Block A and Father will exercise custody on Block B. In odd numbered years, Father will exercise custody on Block A and Mother will have custody on Block B. d. In alternating Spring breaks from the day when school is out until 6:00 PM Eastern time on the day before school resumes. Mother will have Spring breaks in even numbered years and Father will have Spring breaks in odd numbered years. e. For the alternating Thanksgiving vacations, commencing on the day school is out and continuing until 6:00 PM Eastern time on the day before it resumes. Mother will have custody over the Thanksgiving holiday in odd numbered years and Father will have custody of the children in even numbered years. 3. The children will not travel for more than five hours from Mother's home each way on a regular two day weekend with Father. In the event that Father wishes to fly the children for a vacation or extended weekend, Mother will cooperate by delivering the children to the Harrisburg International Airport and by picking them up there at the end of Father's custodial time. All schedules for transportation shall be made between the parties by email only. However, Mother will deliver the children or pick them up from Baltimore or Philadelphia airports two times per year during the summer. 4. The parties acknowledge that Father maintains close contact with the children by telephone and by email. However, Father agrees that he will not email the children after 9:30 PM Eastern time in the evening. Further, he agrees that after 5:00 PM Eastern time during Mother's custodial time, he will telephone the children only once and that he will limit his calls on weekends to one per day unless there is an emergency. I I 1 Similarly, when the children are in Father's custody, Mother will telephone them only once after 5:00 PM Eastern standard time and not email after 9:30 PM Eastern time and limit her calls on weekends to one per day. Neither party will telephone the children in the mornings before 9:00 AM Eastern time. Neither party will interfere with the children's telephone calls to the other parent. 5. Each party will keep the other apprised of his or her telephone numbers both land line and cell number, and his or her address. Date Eliza eth ?1'?, . Haldeman Date Randy R. Haldeman Similarly, when the children are in Father's custody, Mother will telephone them only once after 5:00 PM Eastern standard time and not email after 9:30 PM Eastern time and limit her calls on weekends to one per day. Neither party will telephone the children in the mornings before 9:00 AM Eastern time. Neither party will interfere with the children's telephone calls to the other parent. 5. Each party will keep the other apprised of his or her telephone numbers, both land line and cell number, and his or her address. Date /G/ 42/ G Dates Elizabet . Haldeman andy R. aldeman