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HomeMy WebLinkAbout04-1275IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Defendant No. 2004 - CIVIL ACTION - LAW (In Divorce) NOTICE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 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. Date: 3)2-50 By: Supr me Coin # 8' 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff , Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff No. 2004 - /;t^!$ V. CIVIL ACTION - LAW KIM M. KEESEMAN, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lee D. Keeseman, who currently resides at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Kim M. Keeseman, who, upon information and belief currently resides at 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 3, 1996 in Maryland. 5. Plaintiff and Defendant have been living separate and apart since March 11, 2004. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of marriage counseling and the SAIDIS Plaintiff may have the right to request that the Court require the parties to participate in SHUFF, FLOWER & LINDSAY counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See ATTORNEYS-AT-LAW 26 W. High Street Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. Carlisle, PA 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Date: J I2j)0 4 SAIDIS, SHUFF, FLOWER & LINDSAY 6ein ay G i Ma ay, Esquire me Court ID # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff AFFIDAVIT I, Lee D. Keeseman, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. SAIDIS SIIUFF, FLOWER & LINDSAY ArrOIUEYS•Ar•LAW 26 W. High Street Carlisle, PA Section 4904 relating to unworn falsification to authorities. Dated: .? 5'A c A O y /- Le . K se man, flaintiff VERIFICATION I verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. _ v l Dated: C7 `/ ,/ Le eseman, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS•AT•LAW 26 W. High Street Carlisle, PA 4Q ?- C, hi ll rt) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M KEESEMAN, Defendant No. 2004 -1275 (Civil Term) CIVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 30th day of March, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce which was filed with regard to the above-referenced matter. The Complaint in Divorce was mailed on March 25, 2004, but actual service took place on March 26, 2004, by Defendant signing for a copy of the Complaint in Divorce, which was mailed in the United States Mail, Certified Mail - Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Ms. Kim M. Keeseman 11 Peiper Court Carlisle, Pennsylvania 17013 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & SAIDIS SHUFF, FLOWER & LINDSAY ATTORNM-AT-LAW 26 W. High Street Carlisle, PA By: Esquire Attorney I.5,No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Plaintiff Exhibit "A" M 0 0 0 0 s Postage C3 M Certified Fee C3 C3 Return Receipt Fee (Entloreement Required) O O Restricted Delivery Fee (Endorsement Required) O ra Total Postage a Fees Lr) ru Fs-T- '91 O O f? ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artiple Addressed to: Kim M. Keeseman 11 Peiper Court Carlisle, PA A. X by Agent D. Is delivery address diflerefrom -Item-1 ? ? es If YES, enter delivery address below: ? No Se ice Type ertifled Mail 13 press Mall Registered eturn Receipt for Merchandise ? Insured mail ? ,o.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number - j es (rmnsfer from service label) 7 0 01 2 510 0000 3040 0003 PS Form 3811, A ust 2001 ? Domestic Return Receipt 1025e5- 01-M-0381 r.. o 0 W CD -o pm L 4iA :'J KIM M. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2004-1275 CIVIL TERM LEE D. KEESEMAN, JR., Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Kim M. Keeseman, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Kim M. Keeseman, is an adult individual with an address of 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Lee D. Keeseman, Jr., is an adult individual with an address of 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one (1) child, namely, Hali Nicole Keeseman, born February 27, 2001. 4. The Plaintiff desires that the parties have shared legal custody of the minor child, Hali Nicole Keeseman. 5. The Plaintiff desires primary physical custody of the minor child, Hali Nicole Keeseman, with periods of temporary physical custody to Defendant as the parties agree. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Kim M. Keeseman, respectfully requests that she be awarded primary physical custody and shared legal custody of Hali Nicole Keeseman, as provided herein, with periods of temporary physical custody to Defendant as provided herein. Respectfully submitted, IRWIN & By: Ma10e; A. Mc i , II, Esquire Atty for Pl ' f 60 Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: April 1, 2004 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. KIM M. KEESEMAN Date: April 1, 2004 W r N C: 1 N t ' T-t 'tl t KIM M. KEESEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-1275 CIVIL ACTION LAW LEE D. KEESEMAN, JR. IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday April 07, 2004 , 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, May 07, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Fro mhc 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 1.7013 Telephone (717) 249-3166 /' Y ho?,? ctct-v? C lu- Lan . ?t r ? Eke ?? ?s syJnQpNd dWdJ d7S77?jvJ aad SZddozz1va 21 3 P 26£a0 zp0z Oax Sad NoZL dd dJi` Sr£zp'£002 SNSN o,tnTt 7ygddV yySS ATO x **x ds*nxk Z7 ,SddN x««wwwwww***«« S?IQdSSYd ZoG ro_a0pz Z78N E'JZdd WS «w******d+3 ?I nS n?dSSS Qd 66666_aOpZ w****xxwwwwx uay 7 dd2 J8Q 33y0,1 la rozro-aOo £60037 a0pz/oz/a Z6p0si a0pz/oz/a 160037 a0pz/oz/a 060p37 a0pz/oz/a 47J 6047'20 ASyJ WP 640OSi *x*x aa,q nd 66666-a00Z xd*****«x w•x aI*+ **** 640037 ««***x SN8S7 «??wa7ys poG iO-a002 GGOOSr '6Sd N 0Z J ZZ?,M 66g r0 appz ySJ? 9G0psr PQ/Z Z S nP N0S aooZ/oz/a a00,/0z/a a00Z/OZ/a aOOZ/OZ/a 7 APR 2 8 2004 Frf'a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Respondent TEMPORARY ORDER OF COURT AND NOW, this day of No. 2004 -1275 (Civil Term) CIVIL ACTION - LAW (In Custody) 2004, upon presentation and consideration of the attached Petition for Special Relief, IT IS HEREBY ORDERED and DIRECTED that the above named Petitioner, Lee D. Keeseman, shall have primary physical custody of the Child, namely, Hali Nicole Keeseman, born February 27, 2001, subject to Respondent, Kim M. Keeseman's, periods of partial custody every weekday, during the time when Respondent is at work, pending further Order of Court or agreement of the parties. BY THE COURT, ,J. SAIDIS SHUFF, FLOWER & LINDSAY ATTORMYS•AT•LAW 26 W. High Sheet Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Respondent No. 2004 - 1275 (Civil Term) CIVIL ACTION - LAW (In Custody) PETITION FOR SPECIAL RELIEF AND NOW, this 28`h day of April, 2004, comes Petitioner, Lee D. Keeseman, by and through his attorneys, Saidis, Shuff, Flower & Lindsay, and files the following Petition for Special Relief and in support thereof avers as follows: 1. Petitioner, Lee D. Keeseman (hereinafter referred to as "Father"), is an adult individual who currently resides 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Kim M. Keeseman (hereinafter referred to as "Mother"), is an adult individual who, upon information and belief, currently resides at 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner, Lee D. Keeseman, is the natural father of one (1) minor child, SAIDIS SHUFF, FLOWER & LINDSAY ATfWRNEYS•AT•tAW 26 W. High Street Carlisle, PA Hali Nicole Keeseman, born February 27, 2001 (hereinafter referred to as "Child"). 4. Respondent, Kim M. Keeseman, is the natural mother of the Child. 5. Respondent, Kim M. Keeseman, filed a Complaint for Custody on April 8, 2004, at the above-referenced term and number. A Custody Conciliation Conference has been set for Friday, May 7, 2004 at 9:30 a.m. in front of Custody Conciliator Hubert X. Gilroy. 6. On April 1, 2004, Respondent, Kim M. Keeseman, also filed a Complaint for Spousal Support and for Child Support. 7. The Support Conference was held today, Wednesday, April 28, 2004, at 10:30 a.m. with Conference Officer Jennifer Gibboney. 8. With the exception of five (5) ovemights, Petitioner has had the Child all overnights since March 11, 2004, when Respondent left the Child at the marital residence so that she could reside with her paramour. 9. Petitioner and Respondent had worked out an arrangement wherein Petitioner would take the Child to Respondent in the morning before going to work, and Respondent would have custody of the Child until Petitioner picked up the Child upon his return from work. 10. Respondent left the Child in the care of Petitioner who has, since March 11, 2004, been the Child's primary custodian. 11. Respondent has on three (3) separate occasions, March 29, 2004, April 18, 2004 and today, informed Petitioner that he will never see the Child again. Respondent threatened Petitioner on March 29ih because Petitioner had enlisted a witness to be present during the time when Respondent removed items from the marital home. The April IS 1h threat came as a result of Petitioner refusing to continue to pay Respondent's car insurance. Today's threat came immediately after the support conference. 12. When no support Order was entered due to the fact that Petitioner had SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA primary custody, Respondent's counsel threatened Petitioner that "there would be no more overnights." 13. Respondent, who normally has the Child during weekdays, informed Petitioner that he would have to make arrangements for a babysitter for the Child on Respondent's various court dates. 14. Pursuant to Respondent's request, Petitioner made arrangements for the Child to be watched by a neighbor while he attended the support conference. 15. After the conference, Respondent called Petitioner and left two (2) messages on his voicemail to find out who was watching the Child. 16. Petitioner called Respondent on the cell phone and asked if she (Respondent) wanted him (Petitioner) to pick the Child up from the babysitter and bring the Child to Respondent. 17. Respondent informed Petitioner that she had already taken the Child from the babysitter. 18. During this time, Petitioner was on his way to pick the Child up when he got a call from the neighbor telling him that Respondent was "banging down her door." 19. Respondent then took the Child from the neighbor and informed Petitioner, via cell phone, that after what he had put her (Respondent) through today, he would never see his Child again. 20. The best interests and permanent welfare of the Child will be best served by granting the relief requested because: a) Petitioner is the natural father of the Child; b) Petitioner has established a warm, loving relationship with the Child; SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT•LAW 26 W. High Street Carlisle, PA C) Petitioner has been the Child's primary caregiver and support since on or before March 11, 2004; d) Petitioner has only the Child's best interests at heart; e) Petitioner has in the past, and will continue to provide a stable, loving home environment for the Child; f) Petitioner will ensure that the Child is raised in a healthy, loving environment; g) Petitioner has formed a strong bond with the Child; h) Petitioner has always exercised his parental duties and responsibilities with regard to the Child and he enjoys the love and affection of the Child; i) Petitioner will continue to provide the Child with a home with adequate moral, emotional and physical surroundings, as required to meet the Child's needs; j) Petitioner offers a stable, loving, structured home environment in which to raise the Child; k) Respondent's actions appear to motivated solely by monetary reasons and vindictiveness; 1) Respondent has verbalized an intent to withhold the Child from her natural father and an environment in which the Child has been living since birth; m) Respondent does not appear to have the best interests of the Child at heart; n) Petitioner has always been and is willing to continue to foster a loving and meaningful relationship with Respondent and the Child; o) Petitioner believes it is in the Child's best interest to continue the status quo until such time as a Custody Conciliation Conference can be held; P) It is in the Child's best interest to maintain a relationship and contact with both parents; and q) It is Petitioner's belief that unless this Court enter an Order allowing the status quo, Respondent will not allow Petitioner to see the Child at all until after the Conciliation. 21) In the event that a Temporary Order is not entered in this matter, it is SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA anticipated that Mother will not allow Father to see the Child until the Custody Conciliation Conference on May 7th 22) The entry of the attached Order will ensure the status quo and stability for the Child pending further proceedings in this matter. 23) Counsel for Petitioner has notified Counsel for Respondent of the filing of this Petition. Additionally, Counsel for Petitioner has provided Counsel for Respondent with a copy of this Petition via facsimile. WHEREFORE, Petitioner requests this Honorable Court enter an Order providing the parties with shared legal custody and further providing Petitioner with primary physical custody of the Child, subject to Respondent's periods of partial custody, pending further Order of Court or agreement of the parties. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By. d i dsay Gi h lay, Esqu A orney I.D. No. 87954 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorneys for Petitioner SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Petition for Special Relief 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. Section 4904, relating to unworn falsification to authorities. Date: J'8 Alvwl D? I D. eese an SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Respondent No. 2004 -1275 (Civil Term) CIVIL .ACTION - LAW (In Custody) CERTIFICATE OF SERVICE AND NOW, this 28h day of April, 2004, I, Renee L. Murray, Secretary to Saidis, Shuff, Flower & Lindsay, hereby certify the following person was served with a copy of the Petition for Special Relief via facsimile and hand delivery on April 28, 2004 at the following fax number and address: Marcus McKnight, Esquire 60 W. Pomfret Street Carlisle, Pennsylvania 17013 717-249-6354 Respectfully Submitted, SNUFF, FLOWER & LINDSAY By: Renee L. 14I,i Tray, Secretary 26 West Hieh Street Carlisle, Pennsylvania 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA c'7 o O y O m_ r\ 1 k to L KIM M. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LEE D. KEESEMAN, JR., : NO. 2004 -1275 Defendant : IN CUSTODY COURT ORDER AND NOW, this 13 day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim M. Keeseman, and the fattier, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hali Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custody on a week-on/week-off schedule or at any other ;schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5. The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. 6. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. 8. This order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the case again scheduled with the Custody Conciliator. BY THE COURT, Judge cc: cus A. McKnight, Esquire /Lindsay Gingrich McClay, C6-IS-'Oq >- t(, N CV I- . J C- 2 C C LLJ LLLU F I y - LL 1 ?? =J- J ? N t-? Z) MAY 1 4 2004 V KIM M. KEESEMAN, Plaintiff LEE D. KEESEMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -1275 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with legal counsel for the parties who indicated the parties have agreed to an order in the form as attached. DATE 4i Hubert X. G', Esquire Custody Conc' for MAY 1 4 2004 HIM M. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LEE D. KEESEMAN, JR., : NO. 04 -1275 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUWAARY REPORT The Conciliator met with legal counsel for the parties who indicated the parties have agreed to an order in the form as attached. DATE A//? Hubert X. Giln ,Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Defendant PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this a?/Srday of dA L% 2004, BY and BETWEEN Lee D. Keeseman, of 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND Kim M. Keeseman, of 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS R.1: The parties hereto are Husband and Wife, having been joined in marriage on July 3, 1996, in Maryland; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of SAIDIS SHUFF, FLOWER & LINDSAY 7r ORNM AT•LAW 26 W. High Street Carlisle, PA Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 2004 - 1275, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, No. 2004 -1275 (Civil Tenn) CIVIL .ACTION - LAW (In Divorce) and alimony pendente lite. LDK Lf Page 1 of 15 KMK** R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement and/or any custody agreement or Order. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably SAIDIS SHUFF, FLOWER & LINDSAY ATTORNCYS•AT•WW 26 W. High Street Carlisle, PA broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to finalize said divorce. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party, at his or her option, to terminate this .Agreement. LDK L/J/( Page 2 of 15 KMK (3) REAL PROPERTY: Husband is the title-holder of a trailer with an addition. The trailer is pre-marital property owned by and titled to Husband, individually. The parties do not own the land on which the trailer and addition is situated. The trailer and addition are located at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. The parties acknowledge that the addition was built during the course of the parties' marriage. Husband agrees to assume the marital debt listed in Paragraph 4(A)(i), 4(A)(ii), and 4(A)(iii) below, subject, however, to the provisions in Paragraph 5 dealing with the Van loan with CPS, in exchange for any interest Wife Inay have in the trailer and/or addition. Upon signing this agreement, Wife hereby releasers and quitclaims any interest she may have in the trailer and/or addition. As additional consideration for the aforesaid conveyance, Husband shall pay to Wife Two Thousand Five Hundred ($2,500.00) Dollars, which amount will be paid pursuant to the terms of Paragraph 8 of this Agreement. (4) DEBT: A. MARITAL DEBT: Other than those debts enumerated within, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. SAIDIS SHUFF, FLOWER & LINDSAY ATIURNEYS•AT-LAW 26 W. High Street Carlisle, PA i. The parties have a joint loan through American General, which, at the time of the parties' separation, had a balance of approximately Five Thousand ($5,000.00) Dollars. Husband agrees to indemnify and hold Wife harmless for this debt. Husband, from the date of execution of this agreement, hereby agrees to be responsible for said marital debt; and ii. The parties have a joint loan through Loans USA, which, at the time of the parties' separation, had a balance of approximately Eight Thousand Two Hundred ($8,200.00) Dollars. Husband agrees to indemnify and hold Wife harmless for this debt. Husband, from the date of execution of this agreement, hereby agrees to be responsible for said marital debt; and LDK 4,OK Page 3 of 15 KMK * _ in. The parties have a joint loan through CPS, which, at the time of the parties' separation, had a balance of approximately Nine Thousand Eight Hundred Seventy ($9,870.00) Dollars, which loan was associated with the parties' 1999 Ford Windstar Van. So long as the Van is in Husband's possession, Husband agrees to indemnify and hold Wife harmless for this debt. Husband, from the date of execution of this agreement, hereby agrees to be responsible for said marital debt, unless Wife can afford to assume said payments, in which case, Husband agrees to allow her to assume and pay in due course the payments on said loan. In addition, if Wife assumes said loan payments, Husband agrees that Wife will assume possession of the Van pursuant to Paragraph 5 of this Agreement. iv. Wife has a loan through the Bank of Landisburg, on which her mother is a co-signer. Although this debt is not joint with Husband, Wife specifically agrees to hold Husband harmless for this debt. Wife agrees to continue to be responsible for said debt and she agrees to pay said debt in due course. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on March 11, 2004, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: The parties acknowledge that they jointly hold SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA title to two (2) vehicles. Wife relinquishes any right, title and interest she may have to the 1999 Jeep TJ currently in possession of Husband. Within thirty (30) days of the date of this agreement Wife shall execute any documents necessary to have said vehicle properly registered in Husband's name with the Pennsylvania Department of Transportation. Husband shall maintain insurance and assume full responsibility of any encumbrance on the LDK LnX Page 4 of 15 KMK O 1999 Jeep TJ received by Husband as a result of this transfer, and shall hold harmless and indemnify Wife from any loss thereon. In addition„ Husband shall attempt to refinance the loan on the Jeep into his name, individually, at least once every calendar year. The parties agree to attempt to sell the 1999 Ford Windstar (hereinafter referred to as "Van"). The Van shall remain titled jointly until such time as the parties are able to sell the Van, or until such time as Wife is able to refinance the Van solely into her name. So long as the Van is in Husband's possession, Husband agrees to continue to make the scheduled payments on the Van. As long as Husband has possession of the Van, Husband shall maintain insurance on and assume full responsibility for any encumbrance currently on the Van. As long as Husband has possession of the Van, Husband shall hold harmless and indemnify Wife from any loss thereon. In the event that they parties are able to sell the Van, they acknowledge that in order SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA for CPS, the loan holder, to release the title to the Van, the loan must be paid off and the parties further acknowledge that in order to sell the Van, they must have the title. As such, the parties agree that in the event that the Van sells for less than the remaining loan balance, Husband will pay the remaining amount owed on the Van. The parties agree to execute any and all documents for the transfer of title of the Van within five (5) days of accepting an offer to buy the Van. If the Van does not sell and Wife assumes and makes timely payments, Husband will transfer possession of the Van to Wife. In the event that Wife assumes and makes timely payments on the Van, Husband shall, within thirty (30) days of the loan being paid in full, execute any documents necessary to have said vehicle properly registered solely in Wife's name with the Pennsylvania Department of Transportation. As long as Wife has LDK k Page 5 of 15, KMK possession of the Van, Wife shall maintain insurance on and assume full responsibility for any encumbrance currently on the Van. As long as Wife has possession of the Van, Wife shall hold harmless and indemnify Husband from any loss thereon. I In the event that Wife is able to refinance the loan solely into her name, within thirty (30) days of the date that Husband receives written notification from Wife and verification from the lender that the joint loan has been satisfied in full, Husband shall execute any documents necessary to have said vehicle properly registered in Wife's name with the Pennsylvania Department of Transportation. As long as Wife has possession of the Van, Wife shall maintain insurance on and assume full responsibility for any encumbrance currently on the Van. As long as Wife has possession of the Van, Wife shall hold harmless and indemnify Husband from any loss thereon. If Wife assumes possession of the Van, she will attempt to refinance the Van loan into her own name at least once every calendar year. In the event that Wife assumes possession of the Van, she shall maintain insurance and assume full responsibility of any encumbrance on the Van and shall hold harmless and indemnify Husband from any loss thereon. In the event that Wife assumes possession of the Van, is unable to secure a loan SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA solely in her name, and is subsequently unable to make the scheduled loan payment on the Van, on or before the scheduled due date, Wife will provide Husband with ten (10) days advance written notice thereof so that Husband may make the payment for that month. Wife shall, within fifteen (15) days of the date Husband makes the scheduled payment, repay Husband the amount paid for that month. In the event that Wife, while the Van is in her possession, would be unable to make two (2) consecutive monthly payments, she agrees LDK /,0/C Page 6 of 15 KMKhKL to relinquish possession of the Van to Husband so that he may again attempt to sell the Van, within five (5) days of a written request by Husband to return the Van. In the event that Husband re-takes possession of the Van, Husband shall maintain insurance on and assume full responsibility for any encumbrance currently on. the Van. In the event that Husband re- takes possession of the Van, Husband shall hold harmless and indemnify Wife from any loss thereon. At the time of execution of this Agreement, Wife shall relinquish possession of the Van to Husband, along with her keys, and in return 17or any interest Wife may have in and to the Van, Husband agrees to pay to Wife Five Hundred ($500.00) Dollars, pursuant to the terms in Paragraph 8 of this Agreement. (6) TANGIBLE PERSONAL PROPERTY: Except as enumerated below, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA LDK -) Page 7 of 15 KMK Simultaneous with the execution of this agreement, Husband agrees to give to Wife the following in exchange for any interest she mail have in the property left in the trailer with addition: A 22 Deringer ivory-handled pistol; and A 30/30 Remington lever-action rifle; and Hali's Jeeps; and The 19" television set in the parties' bedroom; and The dresser in the parties' bedroom. The parties agree that within ten (10) days of the transfer of the two (2) guns listed, above, Husband and Wife shall both execute any and all documents needed to have said guns properly register the guns into Wife's name only with the Commonwealth of Pennsylvania. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Wife acknowledges that the marital property of the parties includes any marital SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA portion of Husband's 401K plan through his employment at John W. Gleim. The approximate value of Husband's 401K as of the date of separation was Ten Thousand ($10,000.00) Dollars. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's 401K, and any marital interest therein, and, notwithstanding same, in consideration of the transfer to Wife of Two Thousand Five LDKZJ,) Page 8 of 1,15 KMKRK? Hundred ($2,500.00) Dollars, which transfer will occur pursuant to Paragraph 8 of this Agreement, Wife hereby forever waives and relinquishes any right, title, interest or claim she might otherwise have in and to Husband's aforesaid 401K. (8) CASH DISBURSEMENTS: The parties are aware of and do agree that any money coming to Wife as a result of this Agreement will have to come from Husband's 401K plan through his employment with John W. Gleim. As soon as administratively possible, Husband agrees that he shall transfer a total of Five Thousand Five Hundred ($5,500.00) Dollars to Wife from his 401K by means of a Qualified Domestic Relations Order. This one (1) time cash payment will be in the form of a disbursement from Husband's 401K fund. Husband agrees to pay any penalties and taxes associated with this withdraw from his 401K, thereby making Wife's net distribution Five Thousand Five Hundred ($5,500.00) Dollars. Both parties agree to execute any and all documents needed to effectuate this transfer within five (5) days of a request to do so by the other party. (9) LIFE INSURANCE: The parties acknowledge that Husband has a life SAIDIS SHUFF, FLOWER & LINDSAY ATPDRNEYS•AT•LAW 26 W. High Street Carlisle, PA insurance policy through his employment with John W. Gleim. Husband agrees to maintain this insurance policy as long as it is available to him through his employment and further agrees to name his three (3) children: Nicole, Devin and Haley as beneficiaries thereof. Husband agrees to provide written proof thereof to Wife within ten (10) days of a request by Wife to do so. However, in no event will said request be more than once every calendar year. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and LDK /,?VC Page 9 of 15 KMK alimony pendente lite. Contemporaneously with the signing of this Agreement and for good and valuable consideration contained herein, Wife agrees to withdraw the pending spousal and child support actions, PACSES Number 585106290. (11) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees form the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (12) ADVICE OF COUNSEL: The par-ties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Lindsay Gingrich Maclay, Esquire, of Saidis, Shuff, Flower & Lindsay, and that Wife has been independently represented by Marcus A. McKnight, III, Esquire, of the Law Offices of Irwin & McKnight. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streei Carlisle, PA time, at the request of the other, execute, acknowledge and deliver to the other party, within five (5) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. LDK 4-VJ/? Page 10 of 15 KMK (14) INCOME TAX: The parties hereby acknowledge that they filed joint federal, state, and local income tax returns for the year of 2003. The parties hereto agree to file separate returns for all ongoing years, specifically including 2004 and 2005. (15) DEPENDENCY EXEMPTION: The parties hereby agree that for so long as the parties share physical custody of their minor child, Hali Nicole Keeseman, Wife shall be permitted to claim the child for income tax purposes. Husband agrees to relinquish his right to claim the child as an exemption and to execute the necessary forms required by the Internal Revenue Service to implement this Paragraph. (16) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (17) COMPLETE DISCLOSURE: The parties do hereby warrant, SAIDIS SHUFF, FLOWER & LINDSAY ATPORNEYS•AT-LAW 26 W. High Street Carlisle, PA represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities., income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. LDK L,P4, Page 11 of 15 KMK AL (18) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the trailer and addition, the personal property, the vehicles, and Husband's 401K, some portions of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (19) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (20) FULL SETTLEMENT: Except as herein otherwise provided, each SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (21) RELEASE OF ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including LDK ?.? Page 12 of 15 KMK income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. It is further specifically understood and agreed by and between the parties hereto, SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action pending between the parties. (22) SEPARABILITY OF PROVISIONS: If any term, condition, clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this LDK ?? Page 13 of 15 KMK Agreement and in all other respects this agreement shall continue in full force, effect and operation. (23) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (24) INCORPORATION INTO DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the Divorce Caption. (25) BREACH: In the event that either party breaches any provision of this SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost: and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (26) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. LDK 4d. Page 14 of 15 KMK (27) AGREEMENT BINDING ON PARTIES and HEIRS: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: J L Le I eseman Ki M. Keeseman SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA LDK GJX Page 15 of 15 KMK ALL x K 3" ? ? ' ? `p ?r rl 'S lti < JUN 0 8 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Defendant No. 2004 -1275 (Civil Term) CIVIL ACTION - LAW (In Divorce) QUALIFIED DOME?TIC RELATIONS ORDER AND NOW, this S-- day of 2004, the parties hereto having entered into a Property Settlement and Separation Agreement, dated May 21, 2004, which will be incorporated, but not merged with the parties' Decree in Divorce, it is hereby ORDERED and DIRECTED as follows: 1. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.§330 et seq. 2. This Order constitutes a "Qualified Domestic Relations Order" as defined in SAIDIS SHUFF, FLOWER & LINDSAY ATrORNCYS•Ar•uW 26 W. High Street Carlisle, PA §414(p) of the Internal Revenue Code of 1986, as amended. This Order applies to the following qualified retirement plan: the John W. Gleim, Jr., Incorporated Profit Sharing Plan (hereinafter referred to as the "Plan"). Further, any predecessor or successor to the Plan or any other Plans, to which liability for a provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as provided under this Order. 3. Lee D. Keeseman, Jr., Social Security Number 161-54-3926 (hereinafter referred to as "Participant"), is a participant in the Plan. 4. Kim M. Keeseman, Social Security Number 183 - 66 - 4916 (hereinafter referred to as "Alternate Payee"), is the Participant's former spouse. 5. Participant's current and last known mailing address is 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Alternate Payee's current and last known mailing address is 11 Peiper Court, Carlisle, Cumberland County, Pennsylvania 17013. 7. Alternate Payee's date of birth is October 2, 1969. 8. As soon as administratively possible, the Plan Administrator shall distribute a net total of Five Thousand Five Hundred ($5,500.00) Dollars to the Alternate Payee from Participant's interest in the Plan. The payment ordered herein will be in the form of a lump- sum distribution to Alternate Payee. 9. In order to effectuate a payout to Alternate Payee in the amount of Five SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Thousand Five Hundred ($5,500.00) Dollars, the Plan Administrator must, at the time of the lump-sum distribution to the Alternate Payee, withdraw Six Thousand Eight Hundred Seventy-Five and no/100 ($6,875.00) Dollars from Participant's Plan in order to cover the Twenty (20%) Percent withholding at the time of withdraw. Participant specifically agrees to be responsible for any penalties and tax ramifications associated with the early withdraw of these funds from the Plan. Participant further specifically agrees that any IRS form 1099 that need be filed in association with this withdraw from the Plan, be placed in Participant's name only. 10. In the event of the Participant's death prior to the date this Order is given effect, then the Alternate Payee's lump sum distribution shall be paid by the Plan Administrator to the Alternate Payee before any other disbursement is made. In the event that the Alternate Payee dies before this Order is given effect, her share, pursuant to this Order shall become the property of her estate. 11. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan, or require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order, or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to indicate otherwise shall be null and void and further, shall have no effect. 12. In no event shall the Alternate Payee have any greater rights than those which are available to Participant. 13. The parties shall promptly notify the Plan Administrator of any changes in their respective addresses, from those set forth in this Order. 14. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 15. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Cnnnnn-rnra- O .'•- 1 l y 1 c 11 o p ( ' -T1 iii-- _ -am 1 - JUN 2 3 2004` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESEMAN, Plaintiff V. KIM M. KEESEMAN, Defendant No. 2004 -1275 (Civil Term) CIVIL ACTION - LAW (In Divorce) AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ZT day of June, 2004, the parties hereto having entered into a Property Settlement and Separation Agreement, dated May 21, 2004, which will be incorporated, but not merged with the parties' Decree in Divorce, it is hereby ORDERED and DIRECTED as follows: 1. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.§330 et seq. 2. This Order constitutes a "Qualified Domestic Relations Order" as defined in SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA §414(p) of the Internal Revenue Code of 1986, as amended. This Order applies to the following qualified retirement plan: the John W. Crleim, Jr., Incorporated Profit Sharing Plan (hereinafter referred to as the "Plan"). Further, any predecessor or successor to the Plan or any other Plans, to which liability for a provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as provided under this Order. 3. Lee D. Keeseman, Jr., Social Security Number 161-54-3926 (hereinafter referred to as "Participant"), is a participant in the Plan. gz .z'? E2 ,c a?ot 4. Kim M. Keeseman, Social Security Plumber 183 - 66 - 4916 (hereinafter referred to as "Alternate Payee"), is the Participant's former spouse. 5. Participant's current and last known mailing address is 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 6. Alternate Payee's current and last known mailing address is 267 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 7. Alternate Payee's date of birth is October 2, 1969. 8. As soon as administratively possible, the Plan Administrator shall distribute a net total of Five Thousand Five Hundred ($5,500.00) Dollars to the Alternate Payee from Participant's interest in the Plan. The payment ordered herein will be in the form of a lump- sum distribution to Alternate Payee. 9. In order to effectuate a payout to Alternate Payee in the amount of Five Thousand Five Hundred ($5,500.00) Dollars, the Plan Administrator must, at the time of the lump-sum distribution to the Alternate Payee, withdraw Six Thousand Eight Hundred Seventy-Five and no/100 ($6,875.00) Dollars from Participant's Plan in order to cover the Twenty (20%) Percent withholding at the time of withdraw. 10. In the event of the Participant's death prior to the date this Order is given SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT-LAW 26 W. High Street Carlisle, PA effect, then the Alternate Payee's lump sum distribution shall be paid by the Plan Administrator to the Alternate Payee before any other disbursement is made. In the event that the Alternate Payee dies before this Order is given effect, her share, pursuant to this Order shall become the property of her estate. 11. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan, or require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Order previously determined to be a Qualified Domestic Relations Order, or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to indicate otherwise shall be null and void and further, shall have no effect. 12. In no event shall the Alternate Payee have any greater rights than those which are available to Participant. 13. The parties shall promptly notify the Plan Administrator of any changes in their respective addresses, from those set forth in this Order. 14. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 15. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. ,J. IN THE COURT OF CO:WMON PLEAS OF CUMBERLAND COUNTY, PENNSYI LEE D. KEESEMAN, VANIA Plaintiff V. HIM M KEESEMAN, Defendant No. 2004 -1275 (Civil Tenn) CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF COISENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. 1. A Complaint in Divorce under Section 3301(c) March 25, 2004. of the Divorce Code was filed on 2 The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements knowled e made in this Affidavit are true and correct to the best of m g e and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating y authorities. to unsworn falsification to Date: _??? y / LEE . KE ETAIAiV, Plaintiff Sworn to and subscribed before me this SAIDIS ( day of KUFE, FLOWER ?. 2004. & LINDSAY '6 High Street Carlsle, PA ?- NOTARIAL SEA° ?? RENE NEE L. MURRAY, Cam am Co NOM Public Cumberiand Corny PA HY "I" Won ssion Expires Dec. 93, ?.P?9 =w ca C7 c? „r7 I _ 17 -T -I r. F G7 GU ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNS LEE D. KEESE YLVANIA SAIDIS RIFF, EWER ? LINDSAY -N A i w- High Street Carlisle, PA MAN, Plaintiff V. KIM M KEESEMAN, Defendant verknowify ledge, that i the nformation, statements and made belief. in I this Afunderstand that false herein I Affidavit are true and correct to the best of m subject to the penalties of 18 Pa. C.S., statements authorities. are made Section 4904 relating . y Date: ;Sworn falsificatio? to kiuat?lk (,- 1144 /M No. 2004 -1275 (Civil Tenn CIVIL, ACTION - LAW (In Divorce) AFFIDAVIT OF CCIN?T COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. 1. A Complaint in Divorce under Section 3301(c) of the Divorce March 25, 2004. Code was filed on 2 The marriage of Plaintiff and Defendant is irretrievably broken 3. have elapsed from the date of filing and service; of the Complaint. and ninety (90) days I consent to the en Intention to the es try f a final Decree in Divorce after service Entry of a Divorce Decree of the Notice of ?-, no `? - C_ ? _..1 s 'f 1 -,.„ ^i 'r _ ' ? i ? _ ' ? ., i?a ?? _ _- ?:: < ? ; ; j r;? \`? IN THE COURT CUMB OF COMMON PLEAS OF CUMBERLAND LEE D. KEESEMA COUNTY, PENNSYLVANIA N SAIDIS UFF, FLOWER , LINDSAY W. High Street L4rhsle, PA Plaintiff V. HIM M KEESEMAN, Defendant No. 2004 -1275 (Civil Term CIVIL ACTION - LAW (In Divorce) r I consent to the entry of a final Decree of Divorce without notice. 2• I understand that I may lawyer's fees or at y lose rights concerning alimony , expenses ifI do not claim them before a Di cre is ion of 3. property, vo I understand that I will not be divorced until a Divorce Decree is??tr d b Court and I further understand that a copy immediately after it is filed with the at a f the by the Decree will be sent to me I verify that the state knowled ments made in this Waiver are true ge, information subject , and belief. I understand that faked correct to to the penalties of 18 Pa, the best of my C.S. §4904, relating statements herein g to unsworn are made falsification to auhorite ? Date: ? ? AUG 10 2004 a rI J t.1 7 .. ' .,i . 1. y fl] ? .ti L'J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEE D. KEESE SAIDIS 'UFF, FLOWER & LINDSAY :21:0E ?YS-AT-J?W 6 W. High Street Carlisle, PA MAN, Plaintiff V. HIM M KEESEMAN, Defendant No. 2004 - 1275 (Civil Tenn CIVIL ACTION - LAW (In Divorce) I I consent to the entry ? `?` l na ul VORCE CODE of a final Decree of Divorce without notice. 2• I understand that I may lose rights lawyer's fees or expenses if I do not cla m themrb?fore a alimony, is division of property 3. I understand that I granted. Court will not be divorced until a Divorce Decree is entered b and I further understand that a immediately after it is copy Of filed with the Prothonotary. the Decree will be sent to me I verify that the statements knowledge, information made in this Waiver are; true and correct to the best of m subject to the , and belief. I understand that false statements penalties of IS Pa. C.S. §4904, relatin herein are made g to unsworn falsifi ar h , Date: r j N ?'' - c.? ?'1 _c :r. `? , -?- -st t''?=> .. -ny_ 1`J ? ` '?` !. ?? . _? }{ _ ? i. i CA :? a:i _? '' ? ((?:J LEE D. KEESEMAN, Plaintiff V. No. 2:004 -1275 (Civil Term) CIVIL ACTION - LAW HIM M KEESEMAN, Defendant • (In Divorce) PRAECIPE TO TRANSP41T RECORD TO THE PROTHONOTARY; Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: I • Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2• Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery , Return Receipt on March 26, 2004. A Certificate of Serbyivice is signing the Domestic above-captioned term and number, verifying same docketed at the 3. As required by Section 3301(c) of the Divorce Code, Plaintiff executed his Affidavit of Consent on August 7, 2004 and Defendant executed her Affidavit of Consent on August 11, 2004. Both parties Affidavits were filed with the Court on August 12, 2004. 4. Related claims pending: None. 5. Plaintiffs Waiver of Notice under Section :3301(c) of the Divorce Code was executed on August 7, 2004 and Defendant's Waiver was executed on August I1 SAIDIS 2004. The Waivers were filed with the Court on August 12, 2004. SHUFF, FLOWER , & LINDSAY ATfp 26 W. High Street Respectfully Submitted, Carlisle, PA Date: GU (} I ao? By: B %'aV vN.in?/ OW INDS Attorney I.D. No. SY954 - 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y? --1 (Tr Cl) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LEE D. KEESEMAN, Plaintiff II N O. 2004-1275 (Civil Term) VERSUS KIM M. KEESEMAN Defendant DECREE IN DIVORCE AND NOW, 2004 IT IS ORDERED AND DECREED THAT Lee D. Keeseman PLAINTIFF, AND Kim M Keeseman DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY.. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Parties'. Property Separation and Settlement Agreement cj t-a May 21, 2004 is herein incorporated, but not mer ed. BY THE COURT: ATTEST: J. PROTHONOTARY y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i Plaintiff p J, _ Vs File No. J'U'U I Z? IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking 11x111 prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated -?7( hereby elects to resume the prior surname of ( , gives this written notice avowing r intention pursuant to the provi'.s.ons of 54 P.S. 704. Date n Signature Signature o1.'nam being resumed COMMONWE T OF PEN-Ng?YLVANIA ) COUNTY OF? ?1 On the ZT day of k&JU [V , 2001, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. / NOTARIAL SEAL Prothonotary or Notary Public JODY S. SMITH. NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 C„ Vv ? ? '? ?? ? ^1j rS1 3 ? ?, _ I ?? ? --r-. ` ? ? 4 7 ?„ O A ?Y LEE D. KEESEMAN, JR., : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2004-1275 KIM M. KUHN, : CIVIL ACTION - LAW Respondent : IN CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Lee D. Keeseman, Jr., Father of the child Hali Nicole Keeseman and Defendant in the above-captioned matter(hereinafter Father); Father currently resides at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Kim M. Kuhn, mother of the child, Hali Nicole Keeseman, and Plaintiff in the above-captioned matter(hereinafter Mother); Mother currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The child Hali Nicole Keeseman, is four (4) years of age and presently resides with father who presently resides at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 4. Mother currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013 with her son from a previous marriage Jamin Wetzler. 5. On or about May 14, 2004, A Custody Conciliation Conference was held in Cumberland County with Custody Conference Officer Hubert X. Gilroy, Esq. A Custody Order flowed from that Conference. See Exhibit "A" attached hereto and incorporated herein by reference. 6. Between the date of the Custody Conference and May 24, 2005, there have been substantial changes in circumstances, as averred more fully in the Emergency Petition for Special Relief for Temporary Custody, filed contemporaneously herewith. See Exhibit "B", attached hereto and referenced as if set forth at length herein. 7. Father believes and therefor avers that a change in the present Custody Order granting Father full physical custody of the Child is in the Child's best interest. WHEREFORE, Father/Petitioner respectfully requests that this Honorable Court grant full physical custody of the child to the Petitioner until further order of this Court. Respectfully submitted, 1 . Mark A. Mateya, Esq ire Attorney M No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Petitioner Date: Z 5 . A VERIFICATION I, Lee Keeseman., verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. l understand that false statements herein are subject to the penalties of I8 Pa. C.S. §4904, relating to unsworn falsification to authorities. IvIld- Le?keesrffranV DATED: ?Y/n "°)`s 11 -4- MAY 1 4 2004 KIM M. XrESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA + CIVIL ACTION - LAW LEE D. KEESEMAN, JR., : NO. 04 -1275 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with legal counsel for the parties who indicated the parties have agreed to an order in the form as attached. riq(oY DATE Hubert X. Gilt , Esquire Custody Cone' for EXHIBIT A 70 39i6 NtiW3S33H 33-1 TOLT89ZLTL bO:ST SOM/tIZ/50 KIM M. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LEE D. KEESEMAN, JR-, : NO. 2004 -1275 Defendant : IN CUSTODY COUR--- T ORDER AND NOW, this _LA__ day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim M. Keeseman, and the father, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hall Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custody on a week-on/week-off schedule or at any other schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5;., The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. b. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. TO 39vd NCW3S33N 331 T0LT89ZLTL bO:ST 900Z/7Z/90 S. TbJs order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the case again scheduled with the Custody Conciliator. BY THE COURT, Judge cc: Marcus A. McKnight, Esquire Lindsay Gingrich McClay co 39va NCW3S33N 33-1 TOLT89ZLTL bO:ST SOU/tIZ/98 TRUE COPY FROM RECORD In Testimony whereof, f i;ere urNO set my hand KIM M. KEESEMAN KUHN, Plaintiff/Respondent V. LEE D. KEESEMAN, JR., Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004-1275 ORDER AND NOW to wit this _ day of May, 2005, upon the Petition for Emergency Custody filed by Petitioner/Defendant and upon sufficient cause shown therefore: IT IS HEREBY ORDERED AND DECREED that Lee D. Keeseman, Jr., shall have primary physical custody of Hali Nicole Keeseman, pending further order of this Court. By the Court: J. KIM M. KEESEMAN KUHN, Plaintiff/Respondent V. LEE D. KEESEMAN, JR., Defendant/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-1275 EMERGENCY PETITION FOR SPECIAL RELIEF FOR TEMPORARY FULL CUSTODY 1. Petitioner is Lee D. Keeseman, Jr., Father of the child Hali Nicole Keeseman and Defendant in the above-captioned matter; Petitioner currently resides at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Kim M. Keeseman Kuhn, mother of the child, Hali Nicole Keeseman, and Plaintiff in the above-captioned matter; Respondent currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 3, The child Hali Nicole Keeseman., (hereinafter, "Child") is four (4) years of age and presently resides with father at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 4. Respondent currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013 with her son (from another marriage) by the name of Jamin Wetzler who is thirteen (13) years of age. 5. Petitioner has filed, contemporaneously with this petition for temporary full custody, a Petition to Modify Custody in the case herein. 6. On the morning of May 23, 2005, Respondent caused a disturbance at the Petitioner's home with Petitioner's fiance, Kathy Miller, and took Child when it was Petitioner's scheduled custodial time without agreement of Father/Petitioner. The Pennsylvania State Police were called to Petitioner's home to investigate the incident. 7. On May 23, 2005, in a separate incident the same day, Petitioner was in a Wa1Mart shopping center when he noticed a person who is not known to Petitioner holding Child and the Respondent was not in sight and nowhere to be found. When Petitioner asked the stranger where Respondent was, she responded that Respondent was in the customer service area of the store or in the back of the store due to Respondent's son, Jamin Wetzler being caught shoplifting in the store. 8. Petitioner then asked the unknown person holding his child to notify Petitioner that he was taking the parties minor child home with him and then attempted to leave the Wa1Mart store with the Child. 9. Prior to Petitioner leaving the WalMart store with Child, Respondent ran through the store, screaming at Petitioner and then began to hit and slap the Petitioner and occasionally hitting the minor child. During the encounter, Respondent pulled Child's hair and caused her great distress and fear. 10. In order to keep Child from sustaining further injury, Petitioner released her and Respondent left the WalMart with Child. 11. As a result of the aforesaid incident, the Carlisle Borough Police were called (for the second time in one day) and an investigation ensued in which criminal assault charges are expected to be filed against Respondent. 12. Respondent continues to have an ongoing relationship with an individual who Petitioner believes to have recently been charged with burglary. Petitioner knows him only by his first name of Rich. 13. While the child is in the custody of Respondent, she is required to sleep with Respondent because she does not have her own bed or bedroom and Respondent smokes in bed when the child is sleeping with her. 14. When the child is in the custody of Petitioner, she sleeps in her own bed in her own bedroom. 15. The child participates in a head start schooling program where teachers routinely come to Petitioner's home to prepare the child for elementary school. The child alternately attends a head start program held at a local church. Respondent has shown up at the head start program being held at the church and caused an altercation when she wanted to take the child out of the program during non-custodial times. 16. The present custody order directs that Petitioner and Respondent are to have shared periods of custody of Hali Nicole Keeseman with a week-on/week-off schedule. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 17. Respondent rarely exercises her entire periods of custodial time with Child and frequently brings the child back to Petitioner after only a weekend visit. 18. Respondent recently filed for child support through Cumberland County Domestic Relations. 19. Petitioner believes Respondent is attempting to increase the number of overnight visits with Respondent in contemplation of the upcoming child support hearing and not in the best interests of the Child. 20. Petitioner believes that the child is in danger by being exposed to Respondent's relationships with persons who presently are involved in criminal activity, that Respondent is not properly caring for Child, and that recent incidents are indicative of this fact, and that Respondent's actions are not in the best interest of the Child. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant full physical custody of the child to the Petitioner until further order of this Court. Respectfully submitted, 4 k z Mark A. Mateya, Es ire Attorney lD No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Petitioner '?- / )0 -S? Date: 2S VERIFICATION I, Lee Keeseman., verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. mLe DATED: OT -4- CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Emergency Petition for Special Relief was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Kim M Keeseman Kuhn 1354 Grandview Court Carlisle PA 17013 Mark A. Mateya, Esquire Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: 25 CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Emergency Petition for Special Relief was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Kim Kuhn 1354 Grandview Court Carlisle PA 17013 Date: Mark A. Mateya, E uire Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 1 v IA ? b fi d x r? 7 ,'S fn 4) HIM M. KEESEMAN KUHN, Plain tiff/Respon dent v. LEE D. KEESEMAN, JR., Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2004-1275 EMERGENCY PETITION FOR SPECIAL RELIEF FOR TEMPORARY FULL CUSTODY 1. Petitioner is Lee D. Keeseman, Jr., Father of the child Hali Nicole Keeseman and Defendant in the above-captioned matter; Petitioner currently resides at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Kim M. Keeseman Kuhn, mother of the child, Hali Nicole Keeseman, and Plaintiff in the above-captioned matter; Respondent currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The child Hali Nicole Keeseman., (hereinafter, "Child") is four (4) years of age and presently resides with father at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania. 4. Respondent currently resides at 1354 Grandview Court, Carlisle, Cumberland County, Pennsylvania 17013 with her son (from another marriage) by the name of Jamin Wetzler who is thirteen (13) years of age. 5. Petitioner has filed, contemporaneously with this petition for temporary full custody, a Petition to Modify Custody in the case herein. 6. On the morning of May 23, 2005, Respondent caused a disturbance at the Petitioner's home with Petitioner's fiance, Kathy Miller, and took Child when it was Petitioner's scheduled custodial time without agreement of Father/Petitioner. The Pennsylvania State Police were called to Petitioner's home to investigate the incident. On May 23, 2005, in a separate incident the same day, Petitioner was in a WalMart shopping center when he noticed a person who is not known to Petitioner holding Child and the Respondent was not in sight and nowhere to be found. When Petitioner asked the stranger where Respondent was, she responded that Respondent was in the customer service area of the store or in the back of the store due to Respondent's son, Jamin Wetzler being caught shoplifting in the store. 8. Petitioner then asked the unknown person holding his child to notify Petitioner that he was taking the parties minor child home with him and then attempted to leave the Wa1Mart store with the Child. 9. Prior to Petitioner leaving the Wa1Mart store with Child, Respondent ran through the store, screaming at Petitioner and then began to hit and slap the Petitioner and occasionally hitting the minor child. During the encounter, Respondent pulled Child's hair and caused her great distress and fear. 10. In order to keep Child from sustaining further injury, Petitioner released her and Respondent left the Wa1Mart with Child. 11. As a result of the aforesaid incident, the Carlisle Borough Police were called (for the second time in one day) and an investigation ensued in which criminal assault charges are expected to be filed against Respondent. 12. Respondent continues to have an ongoing relationship with an individual who Petitioner believes to have recently been charged with burglary. Petitioner knows him only by his first name of Rich. 13. While the child is in the custody of Respondent, she is required to sleep with Respondent because she does not have her own bed or bedroom and Respondent smokes in bed when the child is sleeping with her. 14. When the child is in the custody of Petitioner, she sleeps in her own bed in her own bedroom. 15. The child participates in a head start schooling program where teachers routinely come to Petitioner's home to prepare the child for elementary school. The child alternately attends a head start program held at a local church. Respondent has shown up at the head start program being held at the church and caused an altercation when she wanted to take the child out of the program during non-custodial times. 16. The present custody order directs that Petitioner and Respondent are to have shared periods of custody of Hali Nicole Keeseman with a week-on/week-off schedule. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 17. Respondent rarely exercises her entire periods of custodial time with Child and frequently brings the child back to Petitioner after only a weekend visit. 18. Respondent recently filed for child support through Cumberland County Domestic Relations. 19. Petitioner believes Respondent is attempting to increase the number of overnight visits with Respondent in contemplation of the upcoming child support hearing and not in the best interests of the Child. 20. Petitioner believes that the child is in danger by being exposed to Respondent's relationships with persons who presently are involved in criminal activity, that Respondent is not properly caring for Child, and that recent incidents are indicative of this fact, and that Respondent's actions are not in the best interest of the Child. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant full physical custody of the child to the Petitioner until further order of this Court. Respectfully submitted, 4 k wvt' Mark A. Mateya, Es ire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Petitioner Date: Z? V VERIFICATION I, Lee Keeseman., verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. l understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Le ee man DATED: (DT -4- MAY 1 4 2004 KIM M. HEESEMAN, Plaintiff v LEE D. KEESEMAN, JR,, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04 -1275 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT The Conciliator met with legal counsel for the parties who indicated the parties have agreed to an order in the form as attached. r/c((ote DATE Z0 39V8 NVW3S33N 33-1 l Hubert X. Gilr Esquire Custody Conc' cor 12LT8SZLIL vo:ST 5007/b7/g0 KiM M. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW LEE D. KEESEMAN, JR., NO. 2004 -1275 Defendant IN CUSTODY COURT ORDER AND NOW, this J_0__ day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim M. Keeseman, and the father, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hali Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custgdy on a week-on/week-off schedule or at any other schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5:,, The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. 6. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. TO 39Cd NVW3S33A 33? TOZT89ZZTZ 00:9T 90OZ/bZ/90 8. This order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the can again scheduled with the Custody Conciliator. BY THE COURT, Judge CC: Marcus A. McKnight, Esquire Lindsay Gingrich McClay TRUE COPY FROM RECORD In Testimony whereof. I I::re unto set my hand and she seal of said Court. at Carliste, Pa. , i co 39va NCW3S33H 33-1 T0LT89ZLTL bO:ST S00ZAIVS0 CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Emergency Petition for Special Relief was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Kim M Keeseman Kuhn 1354 Grandview Court Carlisle PA 17013 AA Mark A. Mateya, Esquire Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 25 6 Date: ?1 l? R?L_?. _._ -. i... V V? 1. r? S r ?_' ("" -S? 1 t.? (? ?, _'? ?5?'T: ?l yil KIM M. KEESEMAN KUHN, PLAINTIFF/RESPONDENT V. LEE D. KEESEMAN, JR., DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-1275 CIVIL TERM ORDER OF COURT AND NOW, this 'Z) day of May, 2005, the within emergency petition for special relief, IS DENIED WITHOUT A HEARING. The current motion to modify custody should proceed to conciliation. By the Court, Ed vlark A. Mateya, Esquire For Petitioner :sal /?Jr- Bayley J. gar ., z 05-C25 -0.5 .? ': ... ? .; ?_ ?_ ,,. ?: _ ?s KIM M. KEESEMAN KUHN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LEE D. KEESEMAN, JR. DEFENDANT 04-1275 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 26, 2005 , 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 Thursday, June 16, 2005 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: Is/ Hubert X. Gilroy, 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 i , LEE D. KEESEMAN, JR., : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2004-1275 KIM M. KUHN, : CIVIL ACTION - LAW Respondent : IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 1st day of June, 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: A Petition for Modification of Custody was filed to the above term and number on May 25, 2005. On May 25, 2005, a certified copy of the Petition was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On May 25, 2005, a certified copy of the Petition was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `A' and is incorporated herein by reference. 4. On or about May 28, 2005, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on May 27, 2005. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, k k - C Mark A. Mateya, Es ire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff • 0 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Recai tl From. 7YlAR?C A. `1Y)A? esq. m,7 '5pela/GS 111A Moll One piece of ordinary mail addressed to: im =1 4 ,E L PA ?7or3 PS Form 3817, mar. 1989 EXHIBIT A o_ N o C-- 0 (A. z ?) 2..V1oIn7 2 I?NO C?? •(LC1- i 1.? N 2 ¢<L t2 O m W? alp $g • • Postal ca CERTIFIED MAIL. RECE IPT CO (Domestic ru m a ., P 70111-1 CAi?fski' d nJ Postage $ ,- S o Certified Fee 12,30 f15 ' p C3 e Fee R t 51.75 Postmark Hem q ennt t Req R uired) (Endorsement 25 C3 C3 Restricted Delivery Fee (EndorNyp0N Be0u•edl 1liittttLL1166LL?E YYNN I 53. Sri I-r1 0 ,, Total Postage 8 Fees $ $8.84 05/25/2005 m p p eef To ? m ?N a4 It - -------------- ----- - - -- --•--- stiieef,'Api. IJO.;-- e,POaexNe. j35 ADD Y/4y? --- -.. pfY. SYefe, ZIPa R R, ---l.-? PR )'7 W3 t PS For. 3800, J.?. 2002 metmn? See Reverse for ns • Complete Hems 1, 2. and 3. Also compift Nwn 4 H RestrloW Dallmy Is d9aW. A Print Your name NW addraw on the reverse / o that we can rekHn the card to you. ¦ Attach thk card to thg back of the mawaval. or on the trout If apace permits. 1. M{ck AddreseW to: 4Ki m `K a 135q (ikAASV IOW CT CAkk1.sLE Pa 17013 2. Artk;k Narla 1pr 1 [. i (nwww ftm swvko bw Ps Form 3811, February 2004 0. 0 AyaR k dfavify addles Mae. I a t nr l? U `es -' H YES, erlkr dw ry wwrom below: 13 No p! IN C" w Meg 0 t pelt Maq 13 Rsplaef W 13 Rsaxn Recelpt for himmaw ie . 1 4. ReaolctW N#var (Hf6a Fee) mo 7003 0500 0004 2332 6788 -1 Domeaac Ratum Racalpt 102505-MIW1540 I w ?- G r Z W 7 < G KIM M. KUHN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondant : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW LEE D. KEESEMAN, JR., Defendant/Petitioner : NO. 2004-1275 CIVIL TERM PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: PLEASE withdraw my appearance as attorney of record for the Respondant, Kim M. Kuhn, at the above-captioned docket. Date: June 10, 2005 60 West Pon?ffet Street Carlisle, PAk17013-3222 PLEASE enter the appearance of the Family Law Clinic as attorney of record on behalf of the Respondant, Kim M. Kuhn, at the above-captioned docket. Res gctfully submitted by: I Brenda Coppede Certified Legal Intern ROB INS THOMAS M. PLACE LUCYJOHNSTON-WALSH ANNE MACDONALD-FOX FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 c? N __ ?"? Q 4ti GTI -i 1 J? <_. ? -tJ: r , _ '? C7 ? c ,, ,',\Ci"? !'i C'? ,. -e RECEIVED JUN 27 Z005 ,,p LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTIO14 - LAW KIM M. KUHN (formerly Keeseman), : NO. 2004-1275 Defendant : IN CUSTODY COURT ORDER AND NOW, this '10- day of June, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 1? t day of , 2005 at I `gym. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's Order of May 18, 2004 shall remain in effect subject to the following modifications: A. Exchange of custody shall take place every Sunday at 6:00 p.m. gbthe lobby of the Carlisle Police Department. Judge Edgar B. Bayley cc: Mark A Mateya, Esquire L Brenda Coppede, Student Attorne , Dickinson School of Law y L Clinic a L U n Q Q1 cli a-LU 3 11 O VJ yA N 0 LEE D. KEESEMAN, Plaintiff v HIM M. KUHN (formerly Keeseman), Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-1275 : 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. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hali Nicole Keeseman, born February 27, 2001. 2. A Conciliation Conference was held on June 16, 2005, with the following individuals in attendance: The father, Lee D. Keeseman, with his counsel, Mark A. Mateya, Esquire, and the mother, Kim K. Kuhn, with her student attorney, Brenda Coppede of the Dickinson School of Law Family Law Clinic. 3. The parties reached and agreement back in May 2004 whereby there would be a shared custody arrangement of a week on/week off schedule. Father is now asserting that mother has not been abiding by the schedule and the father has in reality maintained primary custody. Father is seeking an Order giving him primary custody. As might be expected, mother suggested to the contrary and indicates that father has been an obstructionist with respect to the week on/week off schedule and has on occasion denied mother the opportunity to fulfill her custodial obligations. 4. The parties are unable to reach an agreement and a hearing is required. The Conciliator recommends an Order in the form as attached. ('6 6s-- DATE U (/I Hubert X. G' y, Esquire Custody ciliator LEE D. KEESEMAN,JR., Plaintiff V. HIM M. KUHN, Defendant CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2004-1275 pRAECIPE TO WITHDRAW PETITION TO MODIFY CUSTODY NOW comes plaintiff, Lee D. Keeseman, Jr., by and through his counsel, Mark A. Mateya, Esquire and avers the following: 1. Plaintiff filed a Petition for Modification of a Custody order in the above-referenced action on or about May 25, 2005. 2. A hearing in this matter is presently scheduled for August 18, 2005, at 8:45 a.m., before the Honorable Edgar B. Bayley. 3. Since the filing of the aforementioned Petition to Modify Custody, the parties have amicably reached an agreement regarding custody/visitation of' their minor child Hali Nicole Keeseman, born February 27, 2001. 4. The parties herein mutually agree to continue to abide by the terms as set forth in the court order issued by this Honorable Court on May 18, 2004. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue an order cancelling the August 18, 2005 hearing and withdrawing the petition for Modification without prejudice. Respectfully submitted, Mazk A. Mateya, Esqu' Attorney ID No. 76931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 - Fax Counsel for Plaintiff Date: v CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Praecipe to Withdraw Petition to Modify Custody, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: DICKINSON SCHOOL OF LAW FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE PA 17013 Mark A. Mateya, Esquire P.O. Box 127 Boiling; Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff DATED: 8 R O,S` C7 0 C u°, `- 7s LC U?-. p rc: r ?_` cn cn r Jm brn RECEIVED AUG 11 JS LEE D. KEESEMAN,JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KIM M. KUHN, : NO. 2004-1275 Defendant AND NOW this day of August, 2005, upon the foregoing Petition to Withdraw Petition to Modify Custody, IT IS HEREBY ORDERED that: The hearing scheduled for August 18, 2005, at 8:45 a.m., on Plaintiff's Petition to Modify Custody is cancelled; and IT IS FURTHER ORDERED that Plaintiffs Petition to Modify Custody is deemed withdrawn and the Order of Court dated May 18, 2004 shall remain in full force and effect. V \v ?U r FILED-OFFICE OF THE PRO HMTARY 2005 AUG 15 AM 10: 21 CUMU'LH:J?r? C?OUNITY PENNSYLVANIA r ?. LEE D. KEESEMAN, Plaintiff V. KIM M. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1275 CIVIL IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Lee D. Keeseman, (hereinafter referred to as "Father"), who is an adult individual residing at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Respondent is Kim M. Kuhn, (hereinafter referred to as "Mother"), who is an adult individual residing at 136 Chapel Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of Hali Keeseman, born February 27, 2001, (hereinafter referred to as "Child"). 4. The parties are governed by an Order of Court dated May 18, 2004, attached hereto as "Exhibit A", relative to the custody of the child. 5. Although the May 18, 2004 Order provides for shared physical custody, father in fact has had primary physical custody of the child over the last several years. 6. Mother has had several residences since the time the parties separated while father has had one residence and consequently father can provide the child a more stable environment in which to be raised. 7. Mother has had a number of different employers over the years while father has been employed with the same company for twenty years. 8. Mother has had several different relationships since her separation with father which sets a poor example for the child. 9. Mother undermines the authority of father's wife, Kathy, and tells the child that she need not obey Kathy. 10. Father is better able to provide a stable home than mother and the child is more likely to develop positive values with father. 11. Father has made arrangements for and pays for daycare service for the child. 12. Although both father and mother reside in the same school district, child attends elementary school in the township where father resides. WHEREFORE, father requests that this Honorable Court grant him primary physical custody of the child and grant mother liberal periods of partial physical custody. Respectfully submitted, Date: L4L., ; I i 3, Zoo-7 O'BRIEN, BARIC & SCHERER Aukl- Mic1hadl A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/keeseman/modify.pet !I VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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. Date: Lee . Keesem n KIM M. KEESEMAN, Plaintiff v LEE A KEESEMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 -1275 IN CUSTODY COURT ORDER AND NOW, this day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim A Keeseman, and the father, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hali Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custody on a week-on/week-off schedule or at any other schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5. The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. 6. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. Exhibit "A" 8. This order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the case again scheduled with the Custody Conciliator. BY THE COURT) cc: cus A. McKnight, Esquire indsay Gingrich McClay /4? Judge L4r 06-It-loq ?S +•,,1 ,5 ' LEE D. KEESEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIM M. KUHN DEFENDANT 04-1275 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 25, 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, May 25, 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 agc 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: Is/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business 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 Re , 0. vw Tople * (A 11,511C -h ?4, f YeT VINVAIASN IJ 00 :Zl Wd sZ M LOOZ A8VIQ NuH u'dd CHI JO LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-1275 CIVIL KIM M. KUHN, Defendant IN CUSTODY AFFIDAVIT OF SERVICE I hereby certify that on May 11, 2007, the United States Postal Service served upon the defendant, Kim M. Kuhn, the Petition to Modify Custody by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A:" DATE: May 16, 2007 . i Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: K;m . K& " 1 Flo Ono Nat u& 2. Article Number (Transfer from service label) A. S n re ? Agent /Y?(1 ? Addressee G. Receivbd (fdr $ad ? N e) I C. Date ?Delivery s- -?7 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No /gig A) Cti I^-c-A AvQe - ?ar/is /e It 0 1701 3. Service Type certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7405 4343 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 7006 2760 0002 ? p r? r Y i , v V4 AUG 15 200Y) LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW KIM K KUHN, : NO. 04-1275 Defendant : IN CUSTODY COURT ORDER AND NOW, this I day of August, 2007, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the day of 2007 at 1:30 0 m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case,'the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 18, 2004 shall remain in effect. / BY THE Judge Edgar B. Bayley cc: cPOlichael A. Scherer, Esquire Xtudent Attorney Charla Lenz, Dickinson School of Law Family law Clinic FAF1LES\12321\12321.Kceseman v Kuhn report and order t 7, S:1! 11 9 ! SAVL OZ :EA ?o s*+ LEE D. KEESEMAN, Plaintiff v KIM K. KUHN, Defendant Prior Judge: Edgar B. Bayley : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-1275 : 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. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hali Keeseman, born February 27, 2001. 2. A Conciliation Conference was held on August 10, 2007, with the following individuals in attendance: The father, Lee D. Keeseman, with his counsel, Michael A. Scherer, Esquire, and the mother, Kim K. Kuhn, with her student attorney, Charla Lenz, at Dickinson School of Law Family Law Clinic. 3. The parties have been working under a Custody Order from May of 2004 which provided shared physical custody on a week on week off basis. Father has now petitioned suggesting that he has essentially been enjoying primary custody over the past few years and he wants a Court Order giving him primary custody. The mother disputes father's suggestion and indicates that she has been consistently providing at least 50% care for the minor child and, if there is going to be a change in custody, she should be the primary custodian. It is pretty clear that the parties are completely opposite with respect to their position on any modification of the Order and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. 6;3L Date: Hubert X. ilroy, Esquire Custody Conciliator LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Defendant, Kim M. Kuhn, pursuant to Pa.R.P.C. 1.16(b)(1), (4) and (7) and Pa.R.C.P. 1012(b), and in support of the petition avers the following: 1. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Defendant Kim M. Kuhn on June 15, 2005. 2. On June 16, 2005, a pre-hearing custody conference was held before Conciliator Hubert X. Gilroy, Esq.; the parties were unable to reach an agreement. 3. Subsequently, the Honorable Edgar B. Bayley, Esq. entered an Order on June 29, 2005 scheduling a hearing for August 18, 2005 and ordering that the prior Custody Order of May 18, 2004 remain in effect, subject to the modification that the custody exchange take place every Sunday at 6:00 p.m. in the lobby of the Carlisle Police Department. 4. On August 9, 2005, Counsel for Plaintiff Lee Keeseman filed a Praecipe to Withdraw Petition to Modify Custody based on the agreement of the parties that they would continue to abide by the terms of the May 18, 2004 Order. 5. On August 15, 2005, the Honorable Judge Bayley issued an Order canceling the hearing which was to take place on August 18, 2005. Therefore, the May 18, 2004 order, as amended by the June 29, 2005 order, became the final Order of Court in this matter. 6. On April 18, 2007, Counsel for Plaintiff Lee Keeseman filed a Petition to Modify Custody, and a pre-hearing custody conference was scheduled for May 25, 2007. 7. The May 25, 2007 custody conference was continued and was ultimately held on August 10, 2007 before Conciliator Hubert Gilroy, Esq. 8. The Family Law Clinic represented Defendant, Kim M. Kuhn, at the August 10, 2007 custody conference, where the parties were unable to reach an agreement. 9. On August 16, 2007, the Honorable Edgar B. Bayley, Esq. entered an Order scheduling a Custody Hearing for October 3, 2007 and directing that the prior Custody Order of May 18, 2004 remain in effect pending further order of court. 10. Defendant Kim M. Kuhn has informed the Family Law Clinic that her household income increased in approximately July 2007. As a result of that increase, Defendant's household income currently exceeds the Family Law Clinic's financial eligibility guidelines. 11. In addition, irreconcilable differences have arisen between the Family Law Clinic and Defendant Kim M. Kuhn which have made further representation of her unreasonably difficult. 12. As the pending hearing is not scheduled until October 3, 2007 and Defendant's increased household income should permit her to retain new counsel, withdrawal can be accomplished without material adverse effect on the interests of Defendant, Kim M. Kuhn. 13. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought and received concurrence from opposing counsel to this petition. WHEREFORE, the Family Law Clinic respectfully requests the Court's permission to withdraw as counsel for Kim Kuhn in this matter. _2 Dater us? zo -20 6/ Respectfully Submitted, Susan C. Plano Certified Legal Intern THO ACE ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I, Susan C. Plano, verify that the facts included within the Petition for Leave to Withdraw are true and correct based on information known to the Family Law Clinic. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. WbQ?22 Date ?e Susan C. Plano Certified Legal Intern %? t ?, °?'? ?5 ?? -, ?-° k ^'\ ?? ?? ?. = x? ?. ?+ ? LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Susan C. Plano, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw on the following persons by depositing a copy of the same in the United States mail, postage prepaid, on the 3e day of August 2007, addressed as follows: Kim M. Kuhn Michael A. Scherer, Esq. 4248 Valley Road 19 West South Street Shermansdale, PA 17090 Carlisle, PA 17013 Susan C. Plano Certified Legal Intern ?& CV-0'xW' Anne ac o d-Fox, E Supervisin Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?+ ? r ...? ..-ti , ;?':. ?-r ,i?° ? "rte .p (? ? ? i _ © "? ??(" 'r' ""! 1 _ `? . ^? ? ?. : :,, 1 Y + AUG 312007p? LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY ORDER AND NOW, this day of upon consideration of the foregoing petition, it is hereby ordered that: 1. a rule is issued upon the respondent, Kim M. Kuhn, to show cause why the petitioner is not entitled to the relief requested; eci a un er a. , th' ?•ae ..?-?+ ?? .:APd?p all - -- k rl.. - 4 Notice of the entry of wc i"'N LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Laurie L. Wolf, Legal Assistant, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court dated 09/04/2007 on the following person by depositing a copy of the same in the United States mail, postage prepaid, on the 50' day of September 2007, addressed as follows: Kim M. Kuhn 4248 Valley Road Shermansdale, PA 17090 Lag e L. olf Legal Assistant 1? ?&" - 6 Anne ld-Fox, E Supervis g Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ? ? ?i ?? ? ? . ?r i"."" ??'_ _, ?.:.. C:F -v ?? ? LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Susan C. Plano, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court dated 09/04/2007 on the following person by depositing a copy of the same in the United States mail, postage prepaid, on the I Ph day of September 2007, addressed as follows: Michael A. Scherer, Esq. 19 West South Street Carlisle, PA 17013 l -?4 Susan C. Plano Certified Legal Intern Anne d-Fox, Supervisin Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 'C: N LEE D. KEESEMAN, Plaintiff V. KIM M. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 04 - 1275 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Family Law Clinic, and files this Petition to Make the Rule issued on September 4, 2007 Absolute and states in support thereof as follows: 1. On August 30, 2007, the Family Law Clinic filed a Petition for Leave to Withdraw from representation of Defendant, Kim M. Kuhn. 2. A copy of the Petition for Leave to Withdraw was served upon the Defendant, Kim M. Kuhn, by first class mail, postage prepaid, at her last known address at 4248 Valley Road, Shermansdale, Perry County, Pennsylvania 17090, on August 30, 2007. 3. A copy of the Petition for Leave to Withdraw was served upon Opposing Counsel, Michael A. Scherer, Esq., by first class mail, postage prepaid, at 19 West South Street, Carlisle, Cumberland County, Pennsylvania 17013, on August 30, 2007. 4. On September 4, 2007, the Honorable Edgar B. Bayley issued a Rule upon Defendant to show cause why the relief requested should not be granted, Rule Returnable within ten (10) days of service. A copy of the Petition for Leave to Withdraw and Rule to Show Cause Order is attached as "Exhibit A." 5. A copy of the September 4, 2007 Order containing the Rule to Show Cause was served upon the Defendant, Kim M. Kuhn, by first class mail, postage prepaid at 4248 Valley Road, Shermansdale, Perry County, Pennsylvania 17090, on September 5, 2007. 6. Ten (10) days have elapsed since the Order of Court containing the Rule to Show Cause was served on the Defendant and no response has been filed. 7. Pursuant to Local Rule 208.2(d), concurrence of opposing counsel was sought and obtained. WHEREFORE, the Family Law Clinic requests that the Court make the Rule Absolute and grant the Family Law Clinic's Petition for Leave to Withdraw. 9?r o ANNE NALD-F OJ? ROBER E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 AUG 312001, LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. ; NO. 2004-1275 CIVIL TERM KIM M. KUHN, Defendant : IN CUSTODY AND NOW, this `117 i daupon consideration of the foregoing petition, it is hereby ordered that: 1. a rule is issued upon the respondent, Kim M. Kuhn, to show cause why the petitioner ' not entitled to the relief re re 3'0d; dA 3 a??eR s?w?ce ?e %.L&1%1 1 1 e 2. ---8 pgjgAgmt 0A days of -upe&4he ; 3. 4. ' TRUE COPY FROM RECD' v and In 4ictx?ny whereof, { nrnto_ Y + "I of v4u riffs , ?'• A? ORD R Y BY THE COURT: LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM - ? -A KIM M. KUHN Defendant : IN CUSTODY f r;: rn r' PETITION FOR LEAVE TO WITHDRAW v`-: - - y ?. w ? V/ryy \N Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Defendant, Kim M. Kuhn, pursuant to Pa.R.P.C. 1.16(b)(1), (4) and (7) and Pa.R. C.P. 1012(b), and in support of the petition avers the following: 1. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Defendant Kim M. Kuhn on June 15, 2005. 2. ' On June 16, 2005, a pre-hearing custody conference was held before Conciliator Hubert X. Gilroy, Esq.; the parties were unable to reach an agreement. 3. Subsequently, the Honorable Edgar B. Bayley, Esq. entered an Order on June 29, 2005 scheduling a hearing for August 18, 2005 and ordering that the prior Custody Order of May 18, 2004 remain in effect, subject to the modification that the custody exchange take place every Sunday at 6:00 p.m. in the lobby of the Carlisle Police. Department. 4. On August 9, 2005, Counsel for Plaintiff Lee Keeseman filed a Praecipe to Withdraw Petition to Modify Custody based on the agreement of the parties that they would continue to abide by the terms of the May 18, 2004 Order. 5. On August 15, 2005, the Honorable Judge Bayley issued an Order canceling the , hearing which was to take place on August 18, 2005. Therefore, the May 18, r 2004 order, as amended by the June 29, 2005 order, became the final Order of Court in this matter. 6. On April 18, 2007, Counsel for Plaintiff Lee Keeseman filed a Petition to Modify Custody, and a pre-hearing custody conference was scheduled for May 25, 2007. 7. The May 25, 2007 custody conference was continued and was ultimately held on August 10, 2007 before Conciliator Hubert Gilroy, Esq. 8. The Family Law Clinic represented Defendant, Kim M. Kuhn, at the August 10, 2007 custody conference, where the parties were unable to reach an agreement. 9. On August 16, 2007, the Honorable Edgar B. Bayley, Esq. entered an Order scheduling a Custody Hearing for October 3, 2007 and directing that the prior Custody Order of May 18, 2004 remain in effect pending further order of court. 10. Defendant Kim M. Kuhn has informed the Family Law Clinic that her household income increased in approximately July 2007. As a result of that increase, Defendant's household income currently exceeds the Family Law Clinic's financial eligibility guidelines. 11. In addition, irreconcilable differences have arisen between the Family Law Clinic and Defendant Kim M. Kuhn which have made further representation of her unreasonably difficult. 12. As the pending hearing is not scheduled until October 3, 2007 and Defendant's increased household income should permit her to retain new counsel, withdrawal can be accomplished without material adverse effect on the interests of Defendant, Kim M. Kuhn. 13. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought and received concurrence from opposing counsel to this petition. WHEREFORE, the Family Law Clinic respectfully requests the Court's permission to withdraw as counsel for Kim Kuhn in this matter. Respectfully Submitted, Date: ?Ujtk:5-? . SOD 0 Susan C. Plano Certified Legal Intern THOMAS CE L-5 ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 r VERIFICATION I, Susan C. Plano, verify that the facts included within the Petition for Leave to Withdraw are true and correct based on information known to the Family Law Clinic. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date Susan C. Plano Certified Legal Intern G '?"' ? M ; ?; _. ?. -?D ? ter? -^' r ) L :. t? "'C7 S ? `fix ? ?' C C SEP 182DD7? LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY KIM M. KUHN, Defendant : NO. 04 -1275 CIVIL TERM ORDER OF COURT AND NOW this the day of 2007, upon consideration of the attached petition, it is hereby ordered that the Family Law Clinic is granted leave to withdraw from further representation of Defendant, Kim M. Kuhn. r ° o _- ?? - M1r ? U LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIM M. KUHN, : dR/- /.275 DEFENDANT 94142e5 CIVIL TERM ORDER OF COURT AND NOW, this 2N day of September, 2007, the custody hearing currently scheduled for October 3, 2007, is cancelled and rescheduled to commence at 8:30 a.m., Friday, October 5, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. 4 Michael A. Scherer, Esquire For Plaintiff Kim M. Kuhn, Pro se 4248 Valley Road Shermans Dale, PA 17090 :sal 1 f I ES ma t &C.L 9?? t?o7 '- ``' a o ?? =' Q ? "? .,? - ? y? ;? i V ? ? ) ..,y ii• ?? i.i.? i ?!?? " . O V Q }?, ` ~ LEE D. KEESEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004-1275 CIVIL TERM KIM M. KUHN, ; Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Susan C. Plano, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition to Make Rule Absolute dated 09/17/2007 and the Order of Court dated 09/18/07 on the following persons by depositing a copy of the same in the United States mail, postage prepaid, on the 21 th day of September 2007, addressed as follows: Kim M. Kuhn Michael A. Scherer, Esq. 4248 Valley Road 19 West South Street Shermansdale, PA 17090 Carlisle, PA 17013 Susan C. Plano Certified Legal Intern ? s Anne -Fox, Es(.ef- Supervisinj Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r-4 0 ° C7 _ r .a J C/7 r-n f LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIM M. KUHN, 1 d'75- DEFENDANT 04-12*TrIVIL TERM ORDER OF COURT AND NOW, this LID day of October, 2007, being satisfied that the current order of shared custody entered on May 18, 2004, is in the best interest of Hali Nicole Keeseman, born February 27, 2001, and that under the current circumstances, the parents living in separate school districts is not a significant impediment to the order continuing to work for the benefit of Hali, IT IS ORDERED that the complaint of the father, Lee D. Keeseman, seeking a modification of the order to provide him primary physical custody of Hali, IS DENIED. Lee Keeseman and Kim Kuhn shall arrange to undertake together a four hour seminar, Education Program for Separated Parents, conducted by the Penn State Justice and Safety Institute at the Perry County Courthouse in New Bloomfield, Pennsylvania, from 9:00 a.m. to 1:00 p.m. on Saturday, November 10, 2007. (See attached Exhibit). Each parent shall pay the $50 fee for the program. 4ichael A. Scherer, Esquire For Plaintiff im M. Kuhn, Pro se 4248 Valley Road Shermans Dale, PA 17090 By the Co rt, ' 3 w1 o- t?? Ca ° V -? 5 r I L C U n` y " ^ 'n O d Q ry d l F O ?h G / ?. I N O ? W? ? LV U A N . n a sil ? © + ?' c9 ?. 7 ? i?fi C G ?tl N d R 7 (n N N . _ s"P G o `? 'Zi iy o_ G Vi A Mq. p w l Y N N ?P CA O] E J C O N k rI? N r d a } ? Q d as ? ?= ?;?= EdUCation Program for Separated Parents Perin State Justice and Safety Institute The Pennsylvania State University 306 Lubert Building Innovation Park at Penn State University Park PA 16802 EDUCATION PROGRAM FOR SEPARATED PARENTS (:WnunanwJtlNli ul ly.ultl?huulu I?J'i((iilla?iil'?l ? ¦ • }jl'''? _ 'O Q O I ' : 'L .. m ro in m o m N rD m r) O O. `C < O :z 3?* -? [An) `° 3?2 ID :7 3 d 0 C3 0 44 r) (D m a . 7 fu e ;{ ? , tn . CIIQ 71L co rn N • L ? L ? v L] _ W a gyn. O p _ a: ? ? w ~ O ?. .K G? ? G ? L - O ti O 6- C7 C IV ?' "? (JJ tl? i5 N tE' 1 ?Ul''?? rl?y1 <a u o, ? T7 G o cn K m w ? T N wo `. = a y ? Zl n, G a ? 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N G. ?• p o C] b ? r? ?. Ji-.cC cn iv?.? w.?47"s? x, co ?ca ?? ? tQ ?.. w rn ?p n,) s co w .v rn co i,olW ? a = b T '?? o -o w r..) on w- o ca o o 5.:. r.S '? 4 `On' w w a) n+ d?? ' S'?I I . ??:. G t. 1.. ' I S•.;I?. p f I I ?, °? V?: I. : o' o I I .. "I S w cu Soot 'p 'p - G o ?_ m r b 5 ? ?v -rl ^? ?' c ?_ -n t° t i c uW o S ? Q } F 4 i? G' m ET ?' ,n a b o G. S. -? {SI o ,?' T m rn ?I BL 04 CD 5" z 5. ?c- x ?• = N LM K w a a N ci) v FZ m rn= y a o y co ac ?p _ o c 7D Yr Ll J J 'J ?.J Lei C 3L CL C Iv N G .? rn ° J E3 a 4D EL tit r-, ET r .N-. Q •C n, ti c m 12. 2G N ? ? ? .Y. •^ ? C C7 ? J ? ..T ? S o v, ° a w z Cf) o a CL u d -- +1 R In FF m 7r al It , =. ft _ w L Q 'a °c ?v ?' ? l+ n _ Q I V S Vl ttt/?/?? 5n "O IG N GO 29Cd I Ai3-d s aw, 3oiis c 801c.992bT2 T©:96 LOK/GO/©T LEE D. KEESEMAN, Plaintiff V. KIM M. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1275 CIVIL IN CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is Lee D. Keeseman, (hereinafter referred to as "Father"), who is an adult individual residing at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Respondent is Kim M. Kuhn, (hereinafter referred to as "Mother"), who is an adult individual residing at 284 Bistline Bridge Road, Loysville, Pennsylvania 17047. 3. The parties are the natural parents of Hali Keeseman, born February 27, 2001, (hereinafter referred to as "Child"). 4. The parties are governed by an Order of Court dated May 18, 2004, which provides for shared legal and shared physical custody of the child. The Order is attached hereto as "Exhibit A." 5. Father filed a petition to modify custody on April 18, 2007 wherein he requested primary physical custody of the child because of mother's instability, including: a. mother having had many residences since the time the parties separated while father has had one residence and consequently father can provide the child a more stable environment in which to be raised. b. mother has had a number of different employers over the years while father has been employed with the same company for twenty years. C. mother has had several different relationships since her separation with father which sets a poor example for the child. 6. After a hearing, by Order dated October 10, 2007, this Court refused to modify the May 18, 2004 Order. 7. Since the hearing, mother has been involved in two more relationships and has now married a man named Chris Williams. 8. Mother and her husband fight frequently and the child calls father from mother's house asking father to pick her up because of the fighting, which fighting, father can hear on the phone in the background. 9. Mother's husband has accused mother of infidelity because of numerous phone calls to the house, however, mother has told father that the callers are actually inquiries for controlled substances which mother's husband sells. 10. Mother frequently refuses to speak to father about the child and must deal with mother's husband or the child instead, which places the child in the middle of the parents. 11. At the time of the prior hearing in this matter mother was residing with her boyfriend in Shermansdale, Pennsylvania, until the boyfriend who was in control of that residence kicked her out of the house and mother had to live elsewhere. 12. Thereafter, mother began residing in a mobile home park in the Newville area. 13. In December, 2008, mother moved to Loysville, Pennsylvania with her new husband. 14. Mother continues to ignore the existing custody schedule and leave child with father much more than is called for by the agreement, which is acceptable to father however it causes the child to be anxious about where she will be at any given time. 15. Mother frequently contacts father immediately prior to Ordered custody exchanges to report that mother cannot exercise her custody, which often creates an inconvenience for father, father's wife and father's other children. 16. The child has been absent from school thirteen times this year despite no chronic health problems, which absences have occurred primarily during mother's periods of physical custody. 17. The child has been tardy six times this year during mother's periods of physical custody of the child. 18. Since mother's move to Loysville she is practically unable to get the child to school at North Dickinson Elementary School, where the child had always attended. 19. On or about February 17, 2009, without discussion, notice or warning to father, mother withdrew the child from North Dickinson Elementary School and enrolled the child in the West Perry School District. 20. At the time of the custody hearing in this matter mother testified that she agreed that the child would continue to attend school at North Dickinson Elementary and that it was within mother's ability to get the child to school on time. 21. Father cannot transport the child to school in the West Perry School District. 22. The child continues to suffer as a result of mother's unstable lifestyle. WHEREFORE, father requests that this Honorable Court grant him primary physical custody of the child and grant mother liberal periods of partial physical custody. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: Z • o 4 Mich el A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d i r/domestic/keesema n/mod ify2. pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody 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. 1 Date: Z T /1 0 Lee D. eeseman LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-1275 CIVIL KIM M. KUHN, Defendant IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the `day of - , 2009, I, Andrea M. Ramos, of O'Brien, Baric & Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kim M. Kuhn 284 Bistline Bridge Road Loysville, Pennsylvania 17047 ndrea M. am s, Secretary KIM M. KEESEMAN, Plaintiff v LEE D. KEESEMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 -1275 IN CUSTODY COURT ORDER AND NOW, this day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim M. Keeseman, and the father, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hali Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custody on a week-on/week-off schedule or at any other schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5. The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. 6. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. "Exhibit A" 8. This order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the case again scheduled with the Custody Conciliator. ;?iWcus cc: A. McKnight, Esquire > ndsay Gingrich McClay BY THE COURT, Judge a.5-i8-o`I 0 R, ? V O v <_:r ? l„r„y 7 LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-1275 CIVIL KIM M. KUHN, Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1915.13 1. The Petitioner is Lee D. Keeseman, (hereinafter referred to as "Father"), who is an adult individual residing at 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, 17015. 2. The Respondent is Kim M. Kuhn, (hereinafter referred to as "Mother"), who is an adult individual residing at 284 Bistline Bridge Road, Loysville, Pennsylvania 17047. 3. The parties are the natural parents of Hali Keeseman, born February 27, 2001, (hereinafter referred to as "Child") 4. The parties are governed by an Order of Court dated May 18, 2004, which provides for shared legal and shared physical custody of the child. The Order is attached hereto as "Exhibit A." 5. Simultaneous to the filing of this Petition, father is filing a petition to modify custody, which pleading is incorporated herein by reference. 6. The parties were last in Court in the Fall of 2007 on father's petition for primary custody. 7. The child has always attended school in the Carlisle School District at North Dickinson Elementary School. 8. At the time of the 2007 hearing in this matter, mother testified that although she had recently moved to Shemansdale, it was her intention to leave the child in school at North Dickinson Elementary School and in response to questions from your Honor mother also testified that she could get the child to school on time despite living in Shermansdale. 9. The child has been absent from school thirteen times this year despite no chronic health problems, which absences have occurred primarily during mother's periods of physical custody. 10. The child has been tardy six times this year during mother's periods of physical custody of the child. 11. Mother moved to Loysville in December, 2008, and since her move she is practically unable to get the child to school at North Dickinson Elementary School. 12. On or about February 17, 2009, without discussion, notice or warning to father, mother withdrew the child from North Dickinson Elementary School and enrolled the child in the West Perry School District. 13. Father cannot transport the child to school in the West Perry School District. 14. Child has called father and cried that she misses her friends at North Dickinson Elementary and misses her old school. 15. Mother's unilateral withdraw of the child from North Dickinson Elementary and enrollment in the West Perry School District occurred in violation of father's rights of shared legal custody and has been harmful and deleterious to the child. 16. Given mother's history of frequent relocations, father has no confidence whatsoever that mother will even remain a resident of Loysville such that child can remain for any length of time in the West Perry School District. 17. Father, who owns his residence which is located in the North Dickinson Elementary School area, has lived at his present residence for many years and has no intention of moving. WHEREFORE, father requests that this Honorable Court enter an Order in the form attached. Date: Z ' 16, .01 Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomestic/keeseman/mod ify.pet VERIFICATION I verify that the statements made in the foregoing Petition for Special Relief 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. Date: 0 .5 4 ? (- --?L Lee D. eesem n LEE D. KEESEMAN, Plaintiff v. KIM M. KUHN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-1275 CIVIL IN CUSTODY CERTIFICATE OF SERVICE I hereby certify that on the W day of , 2009, I, Andrea M. Ramos, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Special Relief, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Kim M. Kuhn 238 Bistline Bridge Road Loysville, Pennsylvania 17047 ndrea M. R mo , Secretary KIM M. KEESEMAN, Plaintiff v LEE D. KEESEMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 -1275 IN CUSTODY COURT ORDER AND NOW, this day of May, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Kim M. Keeseman, and the father, Lee D. Keeseman, Jr., shall enjoy shared legal custody of Hali Nicole Keeseman, born February 27, 2001. 2. Physical custody shall also be shared with the parties alternating custody on a week-on/week-off schedule or at any other schedule the parties may agree upon. 3. The holiday schedule shall be handled as follows: a. The father shall always have the New Years day holiday. b. The remaining holidays including Easter, Memorial Day, July 4, Labor Day, Thanksgiving and Christmas shall be alternated with mother having Christmas, Thanksgiving, Memorial Day and Easter in even years and father having Labor Day and July 4 in even years. The parties shall alternate that schedule on an even/odd basis. 4. The mother shall always have custody of the minor child on Mother's Day and the father shall always have custody of the minor child on Father's Day. 5. The minor child's birthday shall be shared between the parties pursuant to a schedule arranged between the parties. 6. Transportation for exchange of custody shall be shared equally between the parties pursuant to an arrangement worked out between the parties. 7. The parties may modify this custody schedule in any way they desire and agree upon. Absent an agreement, the schedule set forth above shall control. "Exhibit A" 8. This order is entered pursuant to an agreement reached at a Custody Conciliation Conference. In the event either party desires to modify this agreement, that party may petition the court to have the case again scheduled with the Custody Conciliator. cc: cus A. McKnight, Esquire indsay Gingrich McClay BY THE COURT, Judge o5-i8-o`I fi i ^Q V F Zz> r:?? tl LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. By tl?& C"ourt, ke? KIM M. KUHN, DEFEND?NT 04-1275 CIVIL TERM ORDER OF COURT AND NO , this r o-V day of February, 2009, IT IS ORDERED that an emergency h aring shall be conducted on the within petition for special relief at 1:30 p.m., Friday, February 27, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. -'-'Michael A. Scherer, Esquire For Plaintiff m M. Kuhn, Prod se 238 Bistline Bridge Road Loysville, PA 177 :sal 4Ft e..' (2 a??.31 og Edgar B. Bayley, J. ?- cr; tr_ ss,; c CV LEE D. KEESEMAN PLAINTIFF V KIM M. KUHN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2004-1275 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 24, 2009 , upon consideration of the attached Complaint, it is hereby directed that partie? and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland ounty Courthouse, Carlisle on- Thursday, March 19, 2009 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, lto 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/ Hubert X. Gilroy, Es q. _ VA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1996. 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 FINDS OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 KJ 1 r ? W ?J Y? ?f -ems PIZ, V 1 LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIM M. KUHN, DEFENDANT 04-1275 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2009, Hali Keeseman, bom February 27, 2001, shall immediately be re-enrolled in the Carlisle School District at North Dickinson Elementary School. The child shall not be removed from the Carlisle School District without either the agreement of the parents or an order of court. No further relief is ordered. By /chael A. Scherer, Esquire For Lee D. Keeseman Karl E. Rominger, Esquire For Kim M. Kuhn :sal yn'a- t LCL ?n Edgar B. Bayley, I >-• %0 J ' ti.! y 1 LIJ C f-. ! y LL- -_1 r? t--4 APR 2 s 20099 t - 't LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PF,NNSYLVANIA v : CIVIL ACTION - LAW KIM K. KUHN, : NO. 04-1275 Defendant IN CUSTODY Prior Judge: Edgar B. Bayley COURT ORDER AND NOW, this _00,4kday of April, 2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the _L& -day of 2009 at 7: V-I&m. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's existing order on custody shall remain in place. cc: ichael A. Scherer, Esquire ?arl E. Rominger, Esquire F:\F11.ES\Chmts\12321 Custody Concihations\2009\12321.1.Konemonn v Kuhn Report and Order ? d.41? cr' C: ? ?a LEE D. KEESEMAN, Plaintiff v KIM M. KUHN, Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 04-1275 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. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hali Nicole Keeseman, born February 27, 2001. 2. A Conciliation Conference was held on April 21, 2009 with the following individuals in attendance: The father, Lee D. Keeseman, with his counsel, Michael A. Scherer, Esquire, and the mother, Kim M. Kuhn, with her counsel, Karl E. Rominger, Esquire. 3. The parties have been working under a Custody Order from May of 2004 which provides for a 50150 shared custody arrangement. In 2007, father field a petition to have the arrangement for custody modified to give primary custody. At their hearing, that petition was denied. 4. Father is now again seeking primary physical custody of the minor child alleging a variety of reasons in support of his position. The mother is opposed to that request. A hearing is required and the Conciliator recommends an Order in the form as attached. Date: April, 2009 Z?lk all Hubert X. Gilr ,Esquire Custody C0; LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-1275 CIVIL, ACTION -LAW KIM K. KUHN, IN CUSTODY Defendant The Honorable Edgar B. Bayley MOTION TO CONTINUE AND NOW, comes Kim K. Kuhn, by and through her counsel, Karl E. Rominger, Esquire, and in support of his Motion to Continue, avers as follows: 1. A custody trial is scheduled for July 16, 2009, in front of the Honorable Edgar B. Bayley. 2. Undersigned counsel is unavailable to attend as he is scheduled for a hearing in Cumberland County in front of Judge J. Wesley Oler at 10:45 a.m. and is scheduled for a hearing in Dauphin County at 1:30 p.m. 3. Opposing counsel was contacted by way of Michael Scherer, Esquire and he concurs with this continuance request. WHEREFORE, Petitioner respectfully requests that this Honorable Court continue the custody trial currently scheduled for July 16, 2009, until August 6, 2009, at 1:30 p.m. Date: July 8, 2009 Respectfully Submitted, Rominger & Associates 4 K&l E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Defendant LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-1275 CIVIL, ACTION -LAW KIM K. KUHN, IN CUSTODY Defendant The Honorable Edgar B. Bayley CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of within Motion to Continue upon the following by depositing the same in the United States Mail, first class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Date: July 8, 2009 Respectfully Submitted, Rominger & Associates Karl llRominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Defendant (DF TNF 2 0 0 9 'JUL -8 1'. ' 11, Z 9 JUL 0 9 2009 6 LEE D. KEESEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO.: 04-1275 CIVIL ACTION -LAW KIM K. KUHN, IN CUSTODY Defendant The Honorable Edgar B. Bayley ORDER OF COT&T AND NOW, this day of 2009, upon consideration of the - &' enclosed Motion to Continue, the Motion is Granted anhcustody trial currently scheduled for July 16, 2009, is rescheduled to August 6, 2009, at 1:30 p.m. in Courtroom #2 at the Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel for the parties shall file with the Court and oppoOng counsel a custody memorandum at least five days prior to the mentioned J. ?Dist?ribution: -'- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 - Michael Scherer, Esquire O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 ??cPS r-n. tt J FUD-C ?TIC:E- OF Ric ? ?` , .?r px?TI?FSY 2009 J ii 10 Eai i 8: 32 V? ti? r l,,, I LEE D. KEESEMAN, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KIM M. WILLIAMS, DEFENDANT 04-1275 CIVIL TERM ORDER OF COURT AND NOW, this r 3 day of August, 2009, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated effective the beginning of the 2009-2010 school year, and replaced with this order. (2) Kim M. Williams and Lee D. Keeseman, Jr., shall have joint legal custody of their daughter, Hali Nicole Keeseman, born February 27, 2001. (3) The father shall have primary physical custody of Hali. (4) The mother shall have temporary physical custody of Hali: (a) During each school year, every other weekend from Friday after school until Monday before school. (b) On the Monday after the weekend she does not have Hali, from after school until 8:00 P.M. (c) During each summer school vacation period, for alternating periods of two weeks and then one week with the father. Exchanges for these alternating two weeks on and one week off periods shall be on Sundays at 10:00 a.m. unless another time is agreed to by the parents. (5) The mother shall always have Hali on Mother's Day and the father shall always have her on Father's Day. (6) The father shall always have Hali on New Years Day. The father shall have Hali on Thanksgiving Day in odd numbered years and on Christmas Day in even numbered years. The mother shall have Hali on Thanksgiving Day in even numbered years and on Christmas Day in odd numbered years. ,Michael A. Scherer, Esquire For Lee D. Keeseman Ancent Monfredo, Esquire For Kim M. Williams :sal `? RLED-OFFICE OF THE PROTHONOTARY ZIM AUG 13 PN 2i 0 7