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HomeMy WebLinkAbout05-1955Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN Plaintiff V. NO. 05 - 19S:5 Civil FREDERICK L. BATEMAN Defendant CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Susan E. Bateman, residing at 322 North Front Street, 4, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. The defendant is Frederick L. Bateman residing at 220 Rosemont Cumberland, Cumberland County, Pennsylvania 17070. New 3. Plaintiff seeks custody of the following children: Name Present Residence of Birth Samantha A. Bateman Frederick T. Bateman 220 Rosemont Avenue New Cumberland, PA 7/98 The children were not born out of wedlock. The children presently are in the custody of defendant, who resides at 220 Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. During the past five (5) years, the children have resided with the following the following addresses: Name Frederick L. Bateman Beth Ann Keenan Zachary Bateman Amanda Keenan Susan L. Bateman Frederick L. Bateman Beth Ann Keenan Zachary Bateman Amanda Keenan Susan E. Bateman Susan L. Bateman Address 220 Rosemont Avenue 01/04 to New Cumberland, PA 220 Rosemont Avenue 08/03 to New Cumberland, PA 731 Walton Street 09/01- Lemoyne, PA Frederick L. Bateman 731 Walton Street Birth - Susan E. Bateman Lemoyne, PA Susan L. Bateman The mother of the children is Susan E. Bateman, currently residing at 322 Nor Street, Apartment 4, Wormleysburg, Cumberland County, Pennsylvania 17043. She is married. The father of the children is Frederick L. Bateman, currently residing at 220 Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. He is married. at Front mont 2 4. The relationship of plaintiff to the children is that of mother. The currently resides with the following persons: Name Relationship Mark Ormer Friend 5. The relationship of defendant to the children is that of father. The currently resides with the following persons: Name Beth Ann Keenan Susan L. Bateman Samantha A. Bateman Frederick T. Bateman Zachary Bateman Amanda Keenan Relationship Paramour Daughter Daughter Son Son Paramour's Daughter 6. Plaintiff has not participated as a party or witness, or in another other litigation concerning the custody of the children in this or in another court. Plaintiff does not have information of a custody proceeding concerning the pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has custody of the children or claims to have custody or visitation rights with children. nt in I to the 3 7. The best interest and permanent welfare of the children will be granting the relief requested because: by a. Plaintiff was the primary caregiver for the parties' children throu hout their marriage and worked only part-time outside the home. b. After the parties separated, Plaintiff was forced to take a job hich required her to work five nights per week, as a result of whi h the children went to live with Defendant temporarily. C. Plaintiff believes and therefore avers that she is better able to m et the children's emotional and developmental needs than defendant or his paramour. d. Defendant has not facilitated Plaintiff's relationship with the chil ren. e. Concurrently with filing this complaint, Plaintiff is filing a request or entry of an interim order maintaining the status quo, which is that he has custody of the children every weekend. 8. Each parent whose parental rights to the children have not been t minated and the person who has physical custody of the children have been named as lis to this action. 4 Wherefore, plaintiff requests the court grant her custody of the children. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 1, 2005 5 VERIFICATION I verify that the statements made in the foregoing document are true and understand that false statements herein are made subject to the penalties of 18 Pa. I.S. § 4904, relating to unsworn falsification to authorities. E. Bateman Date: April 1, 2005 rz zt2?? Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN Plaintiff V. FREDERICK L. BATEMAN Defendant NO. 05 - l?fS CIVIL ACTION - CUSTODY Civil PLAINTIFF'S APPLICATION FOR INTERIM OR SPECIAL RELIEF PURSUANT TO PA. R.C.P. 1915.13 1. Plaintiff Susan E. Bateman ("Mother") and Defendant Frederick L. ("Father") are the parents of Samantha A. Bateman (dob: 09/04/88) and Frederick T. Bateman (dob: 06/17/98). 2. Mother has instituted this proceeding to regain primary secure custody of the children, who have been in Father's custody since 2003 when Mother temporarily children with Father because of her evening work schedule. 3. There is no custody order. 4. During the six months immediately preceding the filing of this action, the Mother has had custody every weekend from Friday until Sunday evening. 5. Mother believes and therefore avers that, when Father is served with the custody complaint, he will retaliate by withholding the children from Mother. 6. The children's best interests will be served by entry of an order maintaining this schedule pending resolution of Mother's request for primary custody. 7. This Court has authority to grant the relief requested in this applications under Rule of Civil Procedure 1915.13, which provides in relevant part: At any time after commencement of the action, the court may on application or Its own motion grant appropriate interim or special relief. The relief may include bu is not limited to the award of temporary custody, partial custody or visitation; ... 8. Entry of an order maintaining the current schedule will not compromise defense of Mother's custody complaint. 9. Denial of this application will disrupt the children's routine and further disenfranchise Mother. 10. Even if the court refers this application to the custody conciliator, it [nay be weeks before the parties even appear for the conference, during which time Mother furs that she will not have contact with the children. 11. An evidentiary hearing is not a prerequisite to the relief which Mother seeks. See Pa. R.C.P. 1915.13 and Explanatory Comment. 2 Wherefore, Plaintiff requests that the court enter an interim order maintaining the current custody schedule pending further order of the court. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 1, 2005 3 VERIFICATION I verify that the statements made in the foregoing document are true and coi understand that false statements herein are made subject to the penalties of 18 Pa. 4904, relating to unsworn falsification to authorities. E. Bateman Date: 0 I/ 119 S r.? ?'? c+ - ? u? n ? - - n ? ? ? , ???,.-. o - ?_„ n,_,? -^-s ti r i ? _ ` ? • ( ) ? nn "?J i V ?? '??' 1 w ? , ? ,:a O J ..; f C? ? ? w v , ?? SUSAN E. BATEMAN, Plaintiff V. FREDERICK L. BATEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1955 CIVIL TERM ORDER OF COURT AND NOW, this 21" day of April, 2005, upon consideration of Plaintiff's Application for Interim or Special Relief Pursuant to Pa. R.C.P. 1915.13, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Tfieresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff LA?awrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc BY THE COURT, ??Il c", SUSAN E. BATEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1955 CIVIL ACTION LAW FREDERICK L. BATEMAN IN CUSTODY DEFFNDANT ORDER OF COURT AND NOW, Monday, April 25, 2005 _ , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, May 27, 2005 at 11:00 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/ Melissa _P. Greevy, 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 Strcet Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,4 i? „_? a1 cG 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN Plaintiff V. NO. 05-1955 Civil Term FREDERICK L. BATEMAN Defendant CIVILACTION - CUSTODY ACCEPTANCE OF SERVICE I accept service of the Complaint for Custody. I certify that I am authorized to accept service on behalf of defendant. Date: c.//e? 3/Oe? t_F ?+ .-? ?? -r? _ . n? ??-=? t -S??; c. a _ _ - ?-_ - ,_ : (.;. r;°? .. _ ? _; =% o RECEIVED JUN 0 8 2005 rr SUSAN E. BATEMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1955 CIVIL TERM V. FREDERICK L. BATEMAN, Defendant CIVIL ACTION - LAW IN CUSTODY { ORDER OF COURT AND NOW, this day of June, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Susan E. Bateman and Frederick L. Bateman, have shared legal custody of the minor children, Samantha A. Bateman, born September 4, 1988, and Frederick T. Bateman, born June 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody of Samantha: Mother shall have primary physical custody of Samantha subject to Father's rights of liberal partial custody which shall be arranged between Father and Samantha such that she has frequent and continuing contact with Father. 3. Physical Custody of Frederick: A. Effective May 27, 2005, Father shall have custody each Friday evening until Saturday morning. ? ?- = C` ?; a.z Gu ? 1?- ? _ '- ? i+ -C? "d i - s -i- ? -? !, « ? , usa- ? ''- O ? ? ?? ? ? NO. 05-1955 CIVIL TERM B. Effective May 31, 2005, Father shall have custody of Freddie each Tuesday after school until Wednesday morning. C. Effective June 3, 2005, Father shall have custody on alternating weekends from Friday after school until Monday morning at the commencement of school. D. Father shall have custody at such other times as the parties agree in order to effect the parties' intent to have a blend of consistency and flexibility in the schedule in order to share the responsibilities of parenting Freddie. E. When Father does not have custody, Mother shall have custody. 4. The parties will attend mediation with regard to the issue of which school Freddie will attend commencing Fall 2005. Father shall be solely responsible for paying the expense of the mediator. If the matter is resolved through mediation and prior to hearing, counsel will promptly notify the Court to cancel the hearing date. BY THE COURT: J. Dist: eresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 awrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 C>bi ?a o? A. SUSAN E. BATEMAN, Plaintiff V. FREDERICK L. BATEMAN, Defendant RECEIVED JUN 0 S 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1955 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Bateman September 4, 1988 Father Frederick T. Bateman June 17, 1998 Father 2. Mother filed a Complaint for Custody on April 18, 2005. Present for the May 27, 2005 Conciliation Conference were: the Mother, Susan E. Bateman, and her counsel, Theresa Barrett Male, Esquire; the Father, Frederick L. Bateman, and his counsel, Lawrence J. Rosen, Esquire. 3. The parties reached an agreement in the form of an Order as attached. 4. The parties were able to reach an agreement with regard to the custody schedule for both children. However, they were not able to reach an agreement as to which school Freddie should attend for the coming school year. They have agreed to submit that issue to mediation to assist them with the choice of whether Freddie will be attending Washington Heights Elementary School or Hillside Elementary School, where he presently attends. Both schools are in the West Shore School District. 5. Mother's position on the school issue is that, as she is more available to be involved with Freddie's school work and she will have him living with her more frequently, he should attend the elementary school near her home. This is the same school that his sister attended when in elementary school. NO. 05-1955 CIVIL TERM 6. Father's position related to the school issue is that Freddie should continue to attend the school where he attended Kindergarten and 1g` grade and where his half-sibling will attend school and step-sibling currently attends school. Father sees the child as doing well there and sees no need for him to change schools. ? U Date Melissa Peel Greevy, Esquire Custody Conciliator :251798 RECEIVED JUN 3 01005 SUSAN E. BATEMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1955 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK L. BATEMAN, Defendant IN CUSTODY OLER, J. --- ORDER OF COURT T19_y__ AND NOW, this day of Jt, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Susan E. Bateman and Frederick L. Bateman, have shared legal custody of the minor children, Samantha A. Bateman, born September 4, 1988, and Frederick T. Bateman, born June 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody of Samantha: Mother shall have primary physical custody of Samantha subject to Father's rights of liberal partial custody which shall be arranged between Father and Samantha such that she has frequent and continuing contact with Father. 3. Physical Custodv of Frederick: A. Effective May 27, 2005, Father shall have custody each Friday evening until Saturday morning. p °o C?„1 cti NO. 05-1955 CIVIL TERM B. Effective May 31, 2005, Father shall have custody of Freddie each Tuesday after school until Wednesday morning. C. Effective June 3, 2005, Father shall have custody on alternating weekends from Friday after school until Monday morning at the commencement of school. D. Father shall have custody at such other times as the parties agree in order to effect the parties' intent to have a blend of consistency and flexibility in the schedule in order to share the responsibilities of parenting Freddie. E. When Father does not have custody, Mother shall have custody. 4. Frederick shall attend school at Washington Heights Elementary School from his Mother's home. BY THE COURT: Wesley0lbr, Jr.,-J. Dist: Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 mtiaf C?? 7, o/, p? Lawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 SUSAN E. BATEMAN, Plaintiff NO. 05-1955 CIVIL TERM V. FREDERICK L. BATEMAN, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Bateman Frederick T. Bateman September 4, 1988 June 17, 1998 Father Father 2. Mother filed a Complaint for Custody on April 18, 2005. Present for the May 27, 2005 Conciliation Conference were: the Mother, Susan E. Bateman, and her counsel, Theresa Barrett Male, Esquire; the Father, Frederick L. Bateman, and his counsel, Lawrence J. Rosen, Esquire. Subsequent to the Conference, the parties were able to resolve the school issue without the services of the Mediator. Accordingly, the Court will not need a hearing date in this matter and the attached revised Order is submitted. 3. The parties reached an agreement in the fgFm a an Order as attached. Date Melissa Peel Greevy, E uire Custody Conciliator :251798 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent : NO: 05-1955 CIVIL TERM CIVIL ACTION - LAW V. : IN CUSTODY FREDERICK L. BATEMAN, Defendant/Petitioner EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner, Frederick L. Bateman, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averment is support of the within Emergency Petition for Modification of Custody Order: 1. Petitioner is the father of the minor child, Frederick T. Batemen (DOB of 6/17/98). 2. Respondent is the mother of the minor child. 3. On or about June 30, 2005, an Order by agreement was entered in this matter which provides that Respondent shall have primary physical custody of the minor child and Petitioner shall have periods of partial physical custody of the minor child every other weekend from Friday until Monday and every Tuesday until Wednesday morning. (See Exhibit A) 4. Respondent has lived with Marc Omer for several years and has recently married Mr. Omer. 5. Mr. Omer and Respondent have serious drinking problems which can be attested to by various acquaintances and friends. 6. Within the past six months, Respondent checked into Harrisburg Hospital due to her severe drinking problem but left the next day against the advice of the attending physician. 7. Mr. Omer has a continuing habit of becoming both physically and verbally abusive to Respondent and the minor child when he becomes intoxicated. 8. Mr. Omer has a habit of becoming violent when he is intoxicated. 9. On or about November 18, 2008, Mr. Omer was arrested and charged with attempted homicide and various other crimes. His mother was the alleged victim. Mr. Omer was reportedly intoxicated at the time of the subject incident. (See Exhibits B and Q. 10. All of the subject charges were waived to court on November 26, 2008. 11. Due to a change of heart by the alleged victim, Mr. Omer's mother, all charges were withdrawn with the exception of Simple Assault to which Mr. Omer pled guilty and Driving Under Suspension, Dui Related, to which Mr. Omer pled nolo contendere. 12. Since the time of Mr. Omer's arrest, Respondent lost her residence and began residing with brother Rick. 13. Mr. Omer is currently out on bail and is scheduled for sentencing on August 18, 2009. 14. While Respondent was residing with her brother, Mr. Omer was not permitted to reside there with her. 15. Due to a loud altercation between Respondent and Mr. Omer, Respondent was told to vacate the premises. 16. Mr. Omer currently resides with a friend, David Bashore. He does not have his own residence. 17. It is believed and therefore averred that Mr. Omer has been asked to leave Mr. Bashore's residence. 18. Respondent does not, at this time, have a stable residence. 19. Due to a severe and continuing drinking problem, Respondent is not able to hold a job for any length of time. 20. Due to the drinking problems of both Respondent and her husband, Marc Omer, it is believed and therefore averred the minor child has witnessed incidents of abuse between Mr. Omer and Respondent. 21. Petitioner is married and resides with his wife and six year old child as well as his twenty year old daughter, Samantha, who has expressed her great concern for the welfare and safety of the minor child should he continue to reside with Respondent and Mr. Omer. 22. The minor child's view of normal behavior has been and is being damaged as he has come to believe that it is normal for adults to drink to the point of intoxication on a regular basis. 23. It is believed and therefore averred that Respondent has engaged in a concerted effort to alienated the minor child from Petitioner by continuing to tell the minor child that all of her problems are the fault of Petitioner and making disparaging remarks about Petitioner's wife. 24. It is believed and therefore averred that the minor child is becoming or has become parentified as he feels that it is his responsibility to protect Respondent from her own excesses and the sometimes violent and abusive behavior of Mr. Omer. 25. A Petition for Modification has been filed concomitantly with the instant Petition. 26. Petitioner is asking Your Honorable Court to enter and Emergency Order granting him physical and legal custody of the minor child due to: A. Respondent's failure to have a stable residence. B. Respondent and Mr. Orner's continuing pattern and history of alcohol abuse which has a strongly negative impact on the minor child. C. Mr. Orner's propensity for engaging in both verbally abusive and physically violent behavior in front of the minor child when intoxicated. D. The parentification of the minor child based upon Respondent's myriad problems. Respectfully submitted: By: Rosen, Esquire Harrisburg, PA 17102 c Phone: (717) 234-4583 Fax: (717) 234-3650 lrosen ,krevskyandrosen.com Krevsky & Rosen, P.C. 1101 North Front Street rr? ttr C:? ? ?- U c . O a ti EXHIBIT A RECEIVED JUN 3 0 20053/ SUSAN E. BATEMAN, V. Plaintiff FREDERICK L. BATEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-1955 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY OLER, J. --- ORDER OF COURT T"4-- AND NOW, this day of At, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Le al Custody. The parties, Susan E. Bateman and Frederick L. Bateman, have shared legal custody of the minor children, Samantha A. Bateman, born September 4, 1988, and Frederick T. Bateman, born June 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody of Samantha: Mother shall have primary physical custody of Samantha subject to Father's rights of liberal partial custody which shall be arranged between Father and Samantha such that she has frequent and continuing contact with Father. 3. Physical Custody of Frederick: A. Effective May 27, 2005, Father shall have custody each Friday evening until Saturday morning. NO. 05-1955 CIVIL TERM B. Effective May 31, 2005, Father shall have custody of Freddie each Tuesday after school until Wednesday morning. C. Effective June 3, 2005, Father shall have custody on alternating weekends from Friday after school until Monday morning at the commencement of school. D. Father shall have custody at such other times as the parties agree in order to effect the parties' intent to have a blend of consistency and flexibility in the schedule in order to share the responsibilities of parenting Freddie. E. When Father does not have custody, Mother shall have custody. 4. Frederick shall attend school at Washington Heights Elementary School from his Mother's home. BY THE COURT: J. Wesiey', Jr.; J. Dist: Theresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 ern 7 v 1 • a Lawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 VcN?'AMSNN3dT?t ? 61-.01 RV 1 ~ IN Soo' oamoo 191 SUSAN E. BATEMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1955 CIVIL TERM CIVIL ACTION - LAW FREDERICK L. BATEMAN, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Bateman September 4, 1988 Father Frederick T. Bateman June 17, 1998 Father 2. Mother filed a Complaint for Custody on April 18, 2005. Present for the May 27, 2005 Conciliation Conference were: the Mother, Susan E. Bateman, and her counsel, Theresa Barrett Male, Esquire; the Father, Frederick L. Bateman, and his counsel, Lawrence J. Rosen, Esquire. Subsequent to the Conference, the parties were able to resolve the school issue without the services of the Mediator. Accordingly, the Court will npt need a hearing date in this matter and the attached revised Order is submitted. 3. The parties reached an agreement in the f an Order as attached. ?f Date Melissa Peel Greevy, E wire Custody Conciliator :251798 EXHIBIT B COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania Page 1 of 7 V. Marc Omer Cross Court Docket Nos: CR-0000375-08 Judge Assigned: OTN: L4508254 Initial Issuing Authority: Robert V. Manlove Arresting Agency: West Shore Regional, Police Dept Case Local Number Type(s) Date Filed: 12/03/2008 Initiation Date: 11/18/2008 Lower Court Docket No: CR-0000375-08 Final Issuing Authority: Robert V. Manlove Arresting Officer: Odonnell, Jeffrey L. Case Local Number(s) Case Status: Adjudicated Status Date Processing Status Arrest Date: 11/18/2008 04/06/2009 Awaiting Sentencing 01/15/2009 Awaiting Pre-Trial Conference 12/0312008 Awaiting Formal Arraignment 12/03/2008 Awaiting Filing of Information 12/03/2008 Awaiting ARD Hearing Complaint Date: 11/19/2008 Case Calendar Event Schedule Start Room. Judge Name Schedule Type Start Date Time Status Hearing 12/22/2008 10:00 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Formal Arraignment 01/15/2009 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 03/26/2009 9:00 am 4th Floor Scheduled Trial 04/06/2009 9:00 am 4th Floor Scheduled Sentencing 08/04/2009 1:30 pm Courtroom 2 Judge Edgar B. Bayley Scheduled Confinement Confinement Destination Confinement Still in Known As Of TvDe Location Reason Custody Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET CourtCase Commonwealth of Pennsylvania Page 2 of 7 V. Marc Omer Date Of Birth: 09/17/1962 City/State/Zip: Lemoyne, PA 17043 Alias Name ORNER, MARC HOWARD Orner, Marc H Orner, Marc H A Orner, Marc Ha Participant Type Name Defendant w Orner, Marc Orner, Marc Nebbia Status: None Bail Action Date Bail Type Percentage Amount Bail Posting Status Posting Date Set 11/19/2008 Monetary $100,000.00 Set 01/06/2009 Monetary $25,000.00 Posted 01/06/2009 Sea. Ong Seg. Grade Statute Statute Description Offense OTN Date 1 1 F1 18 § 2501 §§A Criminal Attempt - Criminal Homicide 11/15/2008 L4508254 2 2 M2 18 §2701 §§A1 Simple Assault 11/15/2008 L4508254 3 5 M3 18 § 5503 §§A4* Disorder Conduct Hazardous/Physi Off 11/15/2008 L4508254 4 3 ----- M1 -------- 18 §2706 §§A1 Terroristic Threats W/ Int To Terrorize 11/15/2008 L4508254 Another 5 4 M2 18 §2705 Recklessly Endangering Another Person 11/15/2008 L4508254 6 6 S 75 § 1543 §§131 Drg Lic Sus/Rev Purs to Sec 11115/2008 L4508254 3802/1547131 7 7 M2 18 § 2701 §§A3 Simple Assault 11/15/2008 L4508254 AVPG 2220 - RSV 07/162009 Printed: 071162009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Linked Offense - Sentence Lower Court Proceeding (generic) Lower Court Disposition 1 / Criminal Attempt - Criminal Homicide 2 / Simple Assault 3 / Disorder Conduct Hazardous/Physi Off 4 / Terroristic Threats W/ Int To Terrorize Another 5 / Recklessly Endangering Another Person 6 / Drg Lic Sus/Rev Purs to Sec 3802/154781 Guilty Plea Trial 1 / Criminal Attempt - Criminal Homicide 2 / Simple Assault 3 / Disorder Conduct Hazardous/Physi Off 4 / Terroristic Threats W/ Int To Terrorize Another 5 / Recklessly Endangering Another Person 6 / Drg Lic Sus/Rev Purs to Sec 3802/154781 7 / Simple Assault Name: Daniel Jerome Sodus District Attorney Supreme Court No: 063114 Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 Link Toe 11/26/2008 Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) Waived for Court (Lower Court) 04/06/2009 Dismissed Dismissed Dismissed Dismissed Dismissed Nolo Contendere Guilty Plea Linked Docket Number Not Final 18§901§§A 18§2701§§A1 18§5503§§A4* 18§2706§§A1 18§2705 75§1543§§B1 Final Disposition 18§901§§A 18§2701§§A1 18§5503§§A4" 18§2706§§A1 18§2705 75§1543§§B1 Name: Arla M. Waller, Esq. Public Defender Supreme Court No: 060286 ReD. Status: Active Phone Number(s): (717) 240-6285 (Phone) (717) 240-7792 (Fax) Address: 1 Courthouse Square Carlisle PA 17013 Representing: Orner, Marc Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 4 of 7 V. Marc Omer Sequence Number CP Filed Date Document Date 1 11/19/2008 Bail Set - Orner, Marc Manlove, Robert V. - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 12/03/2008 Original Papers Received from Lower Court Court of Common Pleas - Cumberland County - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 12/10/2008 Motion for Reduction of Bail, filed. Waller, Aria M. - -- - - - -- - - - - --- - - - - - - - - - - - - - - - - - - - - - - - 1 12/16/2008 12/12/2008 Order of Court, Filed 12/12/08. In Re: Motion For Reduction Of Bail. A hearing shall be scheduled for Monday, 12/22/08, at 10:00am in Courtroom No. 1. 12/17/08 - Copies delivered. Oler, J. Wesley Jr. - -- - - - -- -- - - - --- - - - - - - - - - - - - - - - - - - - - - - - 1 12/23/2008 Order of Court, Filed 12/23/08. Def. motion for reduction of bail is granted to the extent that bail is reduced to $25,000.00, with special conditions of bail being (a) that Def. not consume alcohol or unlawful drugs, (b) that Def. immediately obtain a drug and alcohol evaluation and comply with any recommended treatment until successfully discharged, and (c) that Def. not be in the alleged victim's presence without her consent and without another adult being also present. THIS REDUCTION in bail shall be effective two weeks from today's date, to afford the Commonwealth an opportunity to preserve the testimony of the alleged victim. 12/24/08 - Copies delivered. Oler, J. Wesley Jr. - -- - - - -- - - - - --- - - - - - - - - - - - - - -- - - - - - - - - - 1 12/29/2008 12/22/2008 Order of Court, Filed 12/22/08. In Re: Bail Hearing. Upon consideration of Defendant's Motion for Reduction of Bail and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. 12/31/08 - Copies delivered. Oler, J. Wesley Jr. AOPC 2220 - Rev 07/162009 Printed: 07/162009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Sequence Number CP Filed Date Document Date - - - - - - - - - - - - - - - - 1 01/06/2009 Bail Set - Orner, Marc Oler, J. Wesley Jr. - - - -- - - - - - - - - - - - - - - - - - - - - - -- 2 01/06/2009 Bail Bond & Surety Page, filed 1/6/09. Nonmonetary $25,000.00 w/ conditions Surety: James Costopolous Costopoulos, James C. - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 01/12/2009 Commonwealth's Motion to Preserve Testimony Via Videotape, filed Cumberland County District Attorney's Office 1 01/14/2009 Rule to Show Cause, Filed 1/14/09. In Re: Commonwealth's Motion To Preserve Testimony Via Videotape. Rule is issued upon the Def. to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. 1/14/09 - Copies delivered Oler, J. Wesley Jr. - - - - - - - -- - - - - - - - - - - - - - - - - - 1 01/15/2009 Information Filed Sodus, Daniel Jerome - - - - - - - - - - --- - - - - - - - - - - - - - - - - - 2 01/15/2009 01/15/2009 Acknowledgement of Arraignment & Public Defender Appointment, filed 1-15-09 Defendant is to appear 3-26-2009 @ 8:30 am for PTC and to appear 4-6-2009 for trial. Waller, Aria M. - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - -- Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 6 of 7 V. Marc Omer , Sequence Number CP Filed Date Document Date 1 01/28/2009 01/26/2009 Order of Court, Filed 1/26/09. In Re: Commonwealth's Motion To Preserve Testimony Via Videotape. The Commonwealth's Motion to Preserve Testimony Via Videotape is GRANTED. The preservation of the testimony of Elaine Orner shall be coordinated and scheduled by the Office of the DA as soon as is practical for all parties involved and shall proceed as set forth in PA Rule of Criminal Procedure 501. The preservation of the testimony of Elaine Orner may be done outside the presence of the Court. 1/28/09 - Copies delivered. Oler, J. Wesley Jr. - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- 1 02/03/2009 Order of Court, Filed 2/3/09. The Def., Marc Orner, and the victim, Elaine Omer are directed to appear for the preservation of testimony permitted by Order of Court dated 1/26/09, on Friday, 2/6/09, at 2:30pm in the Commissioner's Hearing Room, Second Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. 2/3/09 - Copies delivered. Oler, J. Wesley Jr. - - -- - - - - --- - - - - - - - - - - - - - - - - - - - - - -- 1 03/26/2009 Pre-Trial Conference Order of Court, Filed 3/26/09. The Def. is to appear for trial on 4/6/09, at 9:00am, and to remain until excused. Bayley, Edgar B. - -- - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - 1 04/06/2009 Guilty & Nolo Contendere Plea Colloquy, Filed 4/6/09. Waller, Arla M. --- - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - -- 2 04/06/2009 Guilty Plea Bayley, Edgar B. - - - - - - - -- - - - - - - - - - - - - --- - - - - - - - -- 1 04/09/2009 Proceedings Filed 4/9/09. In Re: Defendant Pleads Nolo Contendere and Guilty Proceedings held before Edgar B. Bayley, J., on 4/6/09, in Ctrm #2. Bayley, Edgar B. --- - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - -- AOPC 2220 - Rev 071162009 Printed: 07/162009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Commonwealth of Pennsylvania Page 7 of 7 V. Marc Omer Seguence Number CP Filed Date Document Date 2 04/09/2009 04/06/2009 Order of Court, Filed 4/6/09. In Re: Information Amended. Upon motion of the Commonwealth to amend the information to add Count 7, Simple Assault by physical menace, M2, in violation of Section 2701 (a) (3) fo the Crimes Code, the Motion is granted. The information is so amended. 4/9/09 - Copies delivered. Bayley, Edgar B. - --- - - - - - - - - - - - - - - - - 3 04/09/2009 04/06/2009 Order of Court, Filed 4/6/09. In Re: Defendant Pleads Nolo Contendere and Guilty Def to appear for sentencing on 8/4/09 at 1:30 PM. The current provision in the bail providing the Def shall only have contact with his mother, with an adult present is deleted. 4/9/09 - Copies delivered/mailed. Bayley, Edgar B. 1 07/14/2009 Order of Court, filed 7114/09. The sentencing currently scheduled for 8/4/09 is cancelled and Def is ordered to appear for sentencing on 8/18/09 at 1:30 PM in ctrm 2. 7/14/09 - copies delivered/mailed. Bayley, Edgar B. Last Payment Date: Total of Last Payment: $0.00 Orner, Marc Assessment Payments Adiustments Non Monetary Total Defendant Payments Costs/Fees Court Costs - Other (Cumberland) $267.00 $0.00 $0.00 $0.00 $267.00 Costs/Fees Totals: $267.00 $0.00 $0.00 $0.00 $267.00 Grand Totals: $267.00 $0.00 $0.00 $0.00 $267.00 ** - Indicates assessment is subrogated AOPC 2220 - Rev 07/1612009 Printed: 07/16/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. EXHIBIT C WORMLEVSBURG Man to face trial in attack on mothea BY FRANK COZZOLI Of The Patriot-News West Shore Regional Po- lice say Marc Omer tried to strangle his mom with a blanket in her Wormleysburg home. Omer's girlfriend has called the allegation a lie. Nothing was settled Wednesday after Omer, 46, waived his right to a prelimi- nary hearing before District judge Robert V. Manlove and no testimony was heard. Omer, of the 200 block of Walton Street, Lemoyne, will spend Thanksgiving in Cum- berland County Prison. He's being held in lieu of $100,000 bail on charges of attempted homicide and related of- fenses. Public Defender Arla Waller, who is representing Omer, said her client decid- ed he didn't want a hearing. "We'll just let it play out," Waller said. Police said Orner was drunk Nov. 15 when he went to the Lemoyne home of his mother, Elaine Orner, 70. Omer let himself in with a key and found his mother on a couch, police said. Marc Omer started to yell and scream, and picked up two small dogs and threw them against a wall and a television set, arrest docu- ments state. Orner told his mother: "I don't want to kill you but I have to," as he pushed her down on the couch and pressed a blanket over her face, police said. Police said Omer eventual- ly relented and then left in tears. Police said a scared Elaine Omer didn't report the incident until three days later after friends and rela- tives convinced her to do so. Once news of Marc Orn- er's arrest became public, his girlfriend, Susan Bateman, called police accounts a lie. In an interview last week with The Patriot-News, Bate- man said Elaine Orner has suffered numerous injuries over the years as the result of falls. Bateman said she had driv- en Orner to his mothe house to pay back $40 he I borrowed, and that Orr told her he found his mot] lying unconscious on a cof table and carried her tc couch. Orner faces formal raignment in county col Jan. 15. FRANK COZZOLk 255-8454 or fcozzoli@patriot-news.com Judge convicts paimeants of boy accused of raps BY MATT MILLER Of Our Cumberland County Bureau The lawyer for the parents of a 13-year-old boy accused of raping a tod- dler said he'll seek probation sentences after the couple were convicted Wednesday of child endangerment and corruption of minors. Cumberland County Judge Edward E. Guido found the Mount Holly Springs couple guilty of the felony and misde- meanor charges after a non-jury trial. District Attorney David Freed said the parents could receive county prison terms at their February sentencing. Defense attorney Gregory Abeln said he'll ask for probation because the par- ents, who remain free on $5,000 bail each, don't have criminal records. The Patriot-News is withholding the names of the 38-year-old father and 43-year-old mother to shield their son's identity, consistent with the newspa- per's policy of not identifying victims of sex crimes. Police claim the couple's son raped a 3-year-old girl in August 2007. The boy, formerly a student at Car- lisle's Larnberton Middle School, is to be tried as a juvenile on a rape charge in February, Freed said. The boy is un- dergoing sex offender counseling, said. The parents were arrested in Octol 2007 after a search of their home a vehicles turned up sexual material, cluding a photograph of the partly nt. mother near her son, investigators sai Officers said they searched the ho: after rgceiving information that the leged rape might have been triggeJ by the boy's access to sexually expt material owned by his parents. MATT MILLER: 249-2006 or mmiller@patriot-news,com JOHN C. WHITEHEAD, The Patriot-P West Shore Regional police officers escort Marc Orner into the office of District Judg Robert V. Manlove on Wednesday. Orner is being held in Cumberland County Prison it lieu of $100,000 bail on a charge of attempted homicide. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent : NO. 05-1955 CIVIL TERM : CIVIL ACTION - LAW V. FREDERICK L. BATEMAN, Defendant/Petitioner IN CUSTODY VERIFICATION I, FREDERICK L. BATEMAN, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: ho& F CK L. ATEMAN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent : NO. 05-1955 CIVIL TERM V. : CIVIL ACTION - LAW IN CUSTODY FREDERICK L. BATEMAN, Defendant/Petitioner CERTIFICATE OF SERVICE AND NOW, this G ) 4k day of July, 2009, I, Elisabeth J. Clough, for the law firm of Krevsky & Rosen, P.C., hereby certify that I have this day served a copy of the Petition in the above-captioned matter, by U.S. FIRST CLASS and U.S. CERTIFIED MAIL on the following: SUSAN BATEMAN 1009 S WARTHMORE ROAD NEW CUMBERLAND, PA 17070 Elisabeth J. Clough Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 o THE PR)TFK;lN,'MA9Y 2009 JUL 2U Papa 12. 15 C4.1iyl?r 1. ;writ`, r} y,(?•`i at Ad OC? ¢ -76. CFO Ck- 3a R8 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent V. NO. 05-1955 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY FREDERICK L. BATEMAN, Defendant/Petitioner NOTICE TO DEFEND AND CLAIM RIGHTS 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent : NO: 05-1955 CIVIL TERM : CIVIL ACTION - LAW V. IN CUSTODY FREDERICK L. BATEMAN, Defendant/Petitioner PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes Petitioner, Frederick L. Bateman, by and through counsel, Lawrence J. Rosen, Esquire, and offers the following averment is support of the within Petition for Modification of Custody Order: 1. Petitioner is the father of the minor child, Frederick T. Batemen (DOB of 6/17/98). 2. Respondent is the mother of the minor child. 3. On or about June 30, 2005, an Order by agreement was entered in this matter which provides that Respondent shall have primary physical custody of the minor child and Petitioner shall have periods of partial physical custody of the minor child every other weekend from Friday until Monday and every Tuesday until Wednesday morning. (See Exhibit A) 4. Respondent has lived with Marc Omer for several years and has recently married Mr. Omer. 5. Mr. Omer and Respondent have serious drinking problems which can be attested to by various acquaintances and friends. 6. Within the past six months, Respondent checked into Harrisburg Hospital due to her severe drinking problem but left the next day against the advice of the attending physician. 7. Mr. Omer has a continuing habit of becoming both physically and verbally abusive to Respondent and the minor child when he becomes intoxicated. 8. Mr. Omer has a habit of becoming violent when he is intoxicated. 9. On or about November 18, 2008, Mr. Omer was arrested and charged with attempted homicide and various other crimes. His mother was the alleged victim. Mr. Omer was reportedly intoxicated at the time of the subject incident. (See Exhibits B and Q. 10. All of the subject charges were waived to court on November 26, 2008. 11. Due to a change of heart by the alleged victim, Mr. Omer's mother, all charges were withdrawn with the exception of Simple Assault to which Mr. Omer pled guilty and Driving Under Suspension, Dui Related, to which Mr. Omer pled nolo contendere. 12. Since the time of Mr. Omer's arrest, Respondent lost her residence and began residing with brother Rick. 13. Mr. Omer is currently out on bail and is scheduled for sentencing on August 18, 2009. 14. While Respondent was residing with her brother, Mr. Omer was not permitted to reside there with her. 15. Due to a loud altercation between Respondent and Mr. Omer, Respondent was told to vacate the premises. 16. Mr. Omer currently resides with a friend, David Bashore. He does not have his own residence. 17. It is believed and therefore averred that Mr. Omer has been asked to leave Mr. Bashore's residence. 18. Respondent does not, at this time, have a stable residence. 19. Due to a severe and continuing drinking problem, Respondent is not able to hold a job for any length of time. 20. Due to the drinking problems of both Respondent and her husband, Marc Omer, it is believed and therefore averred the minor child has witnessed incidents of abuse between Mr. Omer and Respondent. 21. Petitioner is married and resides with his wife and six year old child as well as his twenty year old daughter, Samantha, who has expressed her great concern for the welfare and safety of the minor child should he continue to reside with Respondent and Mr. Omer. 22. The minor child's view of normal behavior has been and is being damaged as he has come to believe that it is normal for adults to drink to the point of intoxication on a regular basis. 23. It is believed and therefore averred that Respondent has engaged in a concerted effort to alienated the minor child from Petitioner by continuing to tell the minor child that all of her problems are the fault of Petitioner and making disparaging remarks about Petitioner's wife. 24. It is believed and therefore averred that the minor child is becoming or has became parentified as he feels that it is his responsibility to protect Respondent from her own excesses and the sometimes violent and abusive behavior of Mr. Omer. 25. A Petition for Emergency Modification has been filed concomitantly with the instant Petition. 26. Petitioner is seeking a modification of the current Custody Order due to: A. Respondent's failure to have a stable residence. B. Respondent and Mr. Orner's continuing pattern and history of alcohol abuse which has a strongly negative impact on the minor child. C. Mr. Orner's propensity for engaging in both verbally abusive and physically violent behavior in front of the minor child when intoxicated. D. The parentification of the minor child based upon Respondent's myriad problems. WHEREFORE, Petitioner asks that Your Honorable Court grant the instant Petition and award primary physical custody to Petitioner with appropriate periods of partial physical custody to Respondents with appropriate conditions to protect the minor child from the inappropriate behavior cited herein. Respectfully submitted. KREVSKY & )COSIIN, P.C. By: Esquire lfevs y & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 lrosenkkrevskyandrosen.com EXHIBIT A RECEIVED JUN 3 0 2005, SUSAN E. BATEMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 05-1955 CIVIL TERM V. FREDERICK L. BATEMAN, CIVIL ACTION - LAW IN CUSTODY Defendant OLER, J. --- ORDER OF COURT Ultuy_ AND NOW, this day of ,fit, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Susan E. Bateman and Frederick L. Bateman, have shared legal custody of the minor children, Samantha A. Bateman, born September 4, 1988, and Frederick T. Bateman, born June 17, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent, Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody of Samantha: Mother shall have primary physical custody of Samantha subject to Father's rights of liberal partial custody which shall be arranged between Father and Samantha such that she has frequent and continuing contact with Father. 3. Physical Custody of Frederick: A. Effective May 27, 2005, Father shall have custody each Friday evening until Saturday morning. NO. 05-1955 CIVIL TERM B. Effective May 31, 2005, Father shall have custody of Freddie each Tuesday after school until Wednesday morning. C. Effective June 3, 2005, Father shall have custody on alternating weekends from Friday after school until Monday morning at the commencement of school. D. Father shall have custody at such other times as the parties agree in order to effect the parties' intent to have a blend of consistency and flexibility in the schedule in order to share the responsibilities of parenting Freddie. E. When Father does not have custody, Mother shall have custody. 4. Frederick shall attend school at Washington Heights Elementary School from his Mother's home. BY THE COURT: J. Wesleyo2br, Jr., J.' Dist: Theresa Barren Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 gin - - vt•a Lawrence J. Rosen, Esquire, 1101 N. Front Street, Harrisburg, PA 17102 401&z' V rVA#,.SNN-!d 8 1.81 RV 1-- IN 9W SUSAN E. BATEMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 05-1955 CIVIL TERM FREDERICK L. BATEMAN, Defendant CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Samantha A. Bateman September 4, 1988 Father Frederick T. Bateman June 17, 1998 Father 2. Mother tiled a Complaint for Custody on April 18, 2005. Present for the May 27, 2005 Conciliation Conference were: the Mother, Susan E. Bateman, and her counsel, Theresa Barrett Male, Esquire; the Father, Frederick L. Bateman, and his counsel, Lawrence J. Rosen, Esquire. Subsequent to the Conference, the parties were able to resolve the school issue without the services of the Mediator. Accordingly, the Court will not need a hearing date in this matter and the attached revised Order is submitted. 3. The parties reached an agreement in the f an Order as attached. ?-P Date Melissa Peel Greevy, E wire Custody Conciliator :251798 EXHIBIT B COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania V Page 1 of 7 Marc Omer Cross Court Docket Nos: CR-0000375-08 Judge Assigned: OTN: L4508254 Initial Issuing Authority: Robert V. Manlove Arresting Agency: West Shore Regional, Police Dept Case Local Number T e s Date Filed: 12/03/2008 Initiation Date: 11/18/2008 Lower Court Docket No: CR-0000375-08 Final Issuing Authority: Robert V. Manlove Arresting Officer: Odonnell, Jeffrey L. Case Local Number(s) Case Status: Adjudicated Status Date Processing Status Arrest Date: 11/18/2008 04/06/2009 Awaiting Sentencing 01/15/2009 Awaiting Pre-Trial Conference 12/03/2008 Awaiting Formal Arraignment 12/03/2008 Awaiting Filing of Information 12/03/2008 Awaiting ARD Hearing Complaint Date: 11/19/2006 t> . ji Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Hearing 12/22/2008 10:00 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Formal Arraignment 01/15/2009 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 03/26/2009 9:00 am 4th Floor Scheduled Trial 04/06/2009 9:00 am 4th Floor Scheduled Sentencing 08/04/2009 1:30 pm Courtroom 2 Judge Edgar B. Bayley Scheduled Confinement Confinement Destination Confinement Still in Known As Of Tvoe Location Reason Custody Recent entries made in the courtfiling offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 414 Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 2 of 7 V. Marc Omer _' ir> :" 9!° AST - °t`'? ,?.. :9??'? ?' } _d. ? •.? t?EE o?-? ,??'%.• '. - ''- ` - , .;, ?i i = k?; ?," Date Of Birth. 09/17/1962 City/State/Zip: Lemoyne, PA 17043 Alias Name ORNER, MARC HOWARD Omer, Marc H Omer, Marc H A Omer, Marc Ha r ` ti `.'.EASE FARTIQ?I'PI N7'S`0 r - Participant Type Name Defendant Omer, Marc Orner, Marc Nebbia Status: None` Bail Action Date Bail Type Percentage Amount Bail Posting Status Posting Date Set 11/19/2008 Monetary $100,000.00 Set 01/06/2009 Monetary $25,000.00 Posted 01/06/2009 Seg. Orig Seg. Grade Statute Statute Description Offense OTN Date 1 1 F1 18 § 2501 §§A Criminal Attempt - Criminal Homicide 11/15/2008 L4508254 2 2 M2 18 § 2701 §§A1 Simple Assault 11/15/2008 L4508254 3 5 M3 18 § 5503 §§A4* Disorder Conduct Hazardous/Physi Off 11/15/2008 L4508254 4 3 M1 18 §2706 §§A1 Terroristic Threats W/ IntTo Terrorize 11/15/2008 L4508254 Another 5 4 M2 18 §2705 Recklessly Endangering Another Person 11/15/2008 L4508254 6 6 S 75 § 1543 %131 Drg Lic Sus/Rev Purs to Sec 11/15/2008 L4508254 3802/154761 7 7 M2 18 § 2701 §§A3 Simple Assault 11/15/2008 L4508254 AOPC 2220 - Rev 071162009 Printed: 07116/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ? „i3,.5?," ' ,t'} It.!??Y'"'tE Si+l '.44 y'f.°;cC -y'!l!^. :. . Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania V. Page 3 of 7 ??... (a??yk' Marc Omer o ' e tW, "SW++ . 7T 11 ??g`y?( A I Erv h. 4 { .fi. ,? Disposition Case Event Disposition Date Final Disposition Sequence/Description Offense Disposition Section Sentencing Judge Sentence Date Credit For Time Served Sentence/Diversion Program Type Incarceration/Diversionary Period Start Date Sentence Conditions Linked Offense - Sentence Link Type Linked Docket Number Lower Court Proceeding (generic) Lower Court Disposition 1 / Criminal Attempt - Criminal Homicide 2 / Simple Assault 3 / Disorder Conduct Hazardous/Physi Off 4 / Terroristic Threats W/ Int To Terrorize Another 5 / Recklessly Endangering Another Person 6 / Drg Lic Sus/Rev Purs to Sec 3802/1547131 Guilty Plea Trial 1 / Criminal Attempt - Criminal Homicide 2 / Simple Assault 3 / Disorder Conduct Hazardous/Physi Off 4 / Terroristic Threats W/ Int To Terrorize Another 5 / Recklessly Endangering Another Person 6 / Drg Lic Sus/Rev Purs to Sec 3802/1547131 7 / Simple Assault Name: Daniel Jerome Sodus District Attorney Supreme Court No: 063114 Phone Number(s): (717) 240-6210 (Phone) Address: One Courthouse Square Carlisle PA 17013 11/26/2008 Not Final Waived for Court (Lower Court) 18§901 §§A Waived for Court (Lower Court) 18§2701 §§A1 Waived for Court (Lower Court) 18§5503§§A4- Waived for Court (Lower Court) 18§2706§§A1 Waived for Court (Lower Court) 18§2705 Waived for Court (Lower Court) 75§1543§§B1 04/06/2009 Final Disposition Dismissed 18§901§§A Dismissed 18§2701§§A1 Dismissed 18§5503§§A4` Dismissed 18§2706§§A1 Dismissed 18§2705 Nola Contendere 75§1543§§B1 Guilty Plea 18&27016&A3 Name: Arla M. Waller, Esq. Public Defender Supreme Court No: 060286 ReD. Status: Active Phone Number(s): (717) 240-6285 (Phone) (717) 240-7792 (Fax) Address: 1 Courthouse Square Carlisle PA 17013 Representing: Orner, Marc Printed, Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act maybe subject to civil liability asset forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF F CUMBERLAND COUNTY QOeKET Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 4 of 7 V. Marc Omer Sequence Number CP Filed Date Document Date 1 11/19/2008 Bail Set - Orner, Marc Manlove, Robert V. - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - 1 12/03/2008 Original Papers Received from Lower Court Court of Common Pleas - Cumberland County - -- - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - 1 12/10/2008 Motion for Reduction of Bail, filed. Waller, Aria M. - --- - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - 1 12/16/2008 12/12/2008 Order of Court, Filed 12/12108. In Re: Motion For Reduction Of Bail. A hearing shall be scheduled for Monday. 12/22/08, at 10:00am in Courtroom No. 1. 12/17/08 - Copies delivered. Oler, J. Wesley Jr. - - --- - - - - -- - - - - - - - - - - - - - - - 1 12/23/2008 Order of Court, Filed 12/23/08. Def. motion for reduction of bail is granted to the extent that bail is reduced to $25,000.00, with special conditions of bail being (a) that Def. not consume alcohol or unlawful drugs, (b) that Def. immediately obtain a drug and alcohol evaluation and comply with any recommended treatment until successfully discharged, and (c) that Def. not be in the alleged victim's presence without her consent and without another adult being also present. THIS REDUCTION in bail shall be effective two weeks from today's date, to afford the Commonwealth an opportunity to preserve the testimony of the alleged victim. 12/24/08 - Copies delivered. Oler, J. Wesley Jr. - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - -- 1 12/29/2008 12/22/2008 Order of Court, Filed 12/22/08. In Re: Bail Hearing. Upon consideration of Defendant's Motion for Reduction of Bail and following a hearing held on this date, the record is declared closed and the matter is taken under advisement. 12/31/08 - Copies delivered. Oler, J. Wesley Jr. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY T• Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 5 of 7 V. Marc Omer Sequence Number CP Filed Date Document Date - -- - - - - - - - - - - - - - - - - 1 01/06/2009 Bail Set - Omer, Marc 2 01/06/2009 Bail Bond & Surety Page, filed 1/6/09. Nonmonetary $25,000.00 w/ conditions Surety: James Costopolous Oler, J. Wesley Jr. Costopoulos , James C. 1 01/12/2009 Commonwealth's Motion to Preserve Testimony Via Videotape, filed Cumberland County District Attorney's Office - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - 1 01/14/2009 Rule to Show Cause, Filed 1/14/09. In Re: Commonwealth's Motion To Preserve Testimony Via Videotape. Rule is issued upon the Def. to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. 1/14/09 - Copies delivered Oler, J. Wesley Jr. - --- - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - 1 01/15/2009 Information Filed Sodus, Daniel Jerome - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - -- 2 01/15/2009 01/15/2009 Acknowledgement of Arraignment & Public Defender Appointment, filed 1-15-09 Defendant is to appear 3-26-2009 @ 8:30 am for PTC and to appear 4-6-2009 for trial. Waller, Aria M. - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY c_ .: `'' g + ? •?-'? : ? ... .?{rx`wG?./?4-?l.?q af"? ?i. i -:.ra •:xw -c' "v .. - y, _ d?.? r?n= t,.Y ? ? ?? c? [? ? . ? .a? ?w;. ??:.. F !o ??"??"? f?''t• ,'t. Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 6 of 7 V. Marc Omer ,. F %E TRIES?.._ Sequence Number CP Filed Date Document Date 1 01/28/2009 01/26/2009 Order of Court, Filed 1/26/09. In Re: Commonwealth's Motion To Preserve Testimony Via Videotape. The Commonwealth's Motion to Preserve Testimony Via Videotape is GRANTED. The preservation of the testimony of Elaine Orner shall be coordinated and scheduled by the Office of the DA as soon as is practical for all parties involved and shall proceed as set forth in PA Rule of Criminal Procedure 501. The preservation of the testimony of Elaine Orner may be done outside the presence of the Court. 1/28/09 - Copies delivered. Oler, J. Wesley Jr. - - - - - - - - - - - - 1 02/03/2009 Order of Court, Filed 2/3/09. The Def., Marc Omer, and the victim, Elaine Omer are directed to appear for the preservation of testimony permitted by Order of Court dated 1/26/09, on Friday, 2/6/09, at 2:30pm in the Commissioner's Hearing Room, Second Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. 2/3/09 - Copies delivered. Oler, J. Wesley Jr. - - - - - - - - - - - - 1 03/26/2009 Pre-Trial Conference Order of Court, Filed 3/26/09. The Def. is to appear for trial on 4/6/09, at 9:00am, and to remain until excused. Bayley, Edgar B. 1 04/06/2009 Guilty & Nolo Contendere Plea Colloquy, Filed 4/6/09. Waller, Arla M. - - - - - --- - - - - -- - - - - - - - - - - - - - - 2 04/06/2009 Guilty Plea 1 04/09/2009 Proceedings Filed 4/9/09. In Re: Defendant Pleads Nolo Contendere and Guilty Proceedings held before Edgar B. Bayley, J., on 4/6/09, in Ctrm #2. Bayley, Edgar B. Bayley, Edgar B. Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ' . 14 -x4 ,a'?.tl'? A ?x 3 ????'Fat'2'_??yy l4 AY} C*_ Docket Number: CP-21-CR-0003097-2008 CRIMINAL DOCKET Court Case Commonwealth of Pennsylvania Page 7 of 7 V. Marc Omer a; :, ?>=1 :PRIES Sequence Number CP Filed Date Document Date 2 04/09/2009 04/06/2009 Order of Court, Filed 4/6/09. In Re: Information Amended. Upon motion of the Commonwealth to amend the information to add Count 7, Simple Assault by physical menace, M2, in violation of Section 2701 (a) (3) fo the Crimes Code, the Motion is granted. The information is so amended. 4/9/09 - Copies delivered. Bayley, Edgar B. - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - -- 3 04/09/2009 04/06/2009 Order of Court, Filed 4/6/09. In Re: Defendant Pleads Nolo Contendere and Guilty Def to appear for sentencing on 8/4/09 at 1:30 PM. The current provision in the bail providing the Def shall only have contact with his mother, with an adult present is deleted. 4/9/09 - Copies delivered/mailed. Bayley, Edgar B. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- 1 07/14/2009 Order of Court, filed 7/14/09. The sentencing currently scheduled for 8/4/09 is cancelled and Def is ordered to appear for sentencing on 8/18/09 at 1:30 PM in ctrm 2. 7/14/09 - copies delivered/mailed. Bayley, Edgar B. t. . ,, ????,s ,?•??,:...... E.FI'N?.G?i+?L?IAI?ORI111lk?Tl>?N ._ ;-??? •??', : ? _ Last Payment Date: Total ? :. of Last Payment: . . $0.00 Orner, Marc Assessment Payments Adjustments Non Monetary Total Defendant Payments Costs/Fees Court Costs - Other (Cumberland) $267.00 $0.00 $0.00 $0.00 $267.00 Costs/Fees Totals: $267.00 $0.00 $0.00 $0.00 $267.00 Grand Totals: $267.00 $0.00 $0.00 $0.00 $267.00 ** - Indicates assessment is subrogated AOPC 2220 - Rev 07/16/2009 Printed: 07/16/2009 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. D ,LIgIHXa WQRMLEYSBURG Man to face trial in attack on mother BY FRANK COZZOLI Of The Patriot-News West Shore Regional Po- lice say Marc Omer tried to strangle his mom with a blanket in her Wormleysburg home. Ornees girlfriend has called the allegation a lie. Nothing was settled Wednesday after Omer, 46, waived his right to a prelimi- nary hearing before District Judge Robert V. Manlove and no testimony was heard. Omer, of the 200 block of Walton Street, Lemoyne, will spend Thanksgiving in Cum- berland County Prison. He's being held in lieu of $100,000 bail on charges of attempted homicide and related of- fenses. Public Defender Arla Waller, who is representing Omer, said her client decid- ed he didn't want a hearing. "We'll just let it play out," Waller said. Police said Orner was drunk Nov. 15 when he went to the Lemoyne home of his mother, Elaine Omer, 70. Omer let himself in with a key and found his mother on a couch, police said. television set, arrest docu- ments state. Omer told his mother: "I don't want to kill you but I have to," as he pushed her down on the couch and pressed a blanket over her face, police said. Police said Omer eventual- Marc Omer started to yell ly relented and then left in and scream, and picked up tears. Police said a scared two small dogs and threw Elaine Omer didn't report them against a wall and a the incident until three days later after friends and rela- tives convinced her to do so. Once news of Marc Orn- er's arrest became public, his girlfriend, Susan Bateman, called police accounts a lie. In an interview last week with The Patriot-News, Bate- man said Elaine Omer has suffered numerous injuries over the years as the result of falls. Bateman said she had driv- en Omer to his mothe house to pay back $40 he r borrowed, and that Orr told her he found his mot] lying unconscious on a cof table and carried her tc couch. Orner faces formal raignment in county co Jan. 15. FRANK COZZOLI: 255-8454 or fcozzoli@patriot-news.com Judge convicts pn1a,ants aof boy accused of raps BY MATT MILLER Of Our Cumberland County Bureau The lawyer for the parents of a 13-year-old boy accused of raping a tod- dler said he'll seek probation sentences after the couple were convicted Wednesday of child endangerment and corruption of minors. Cumberland County Judge Edward E. Guido found the Mount Holly Springs couple guilty of the felony and misde- meanor charges after a non-jury trial. District Attorney David Freed said the parents could receive county prison terms at their February sentencing. Defense attorney Gregory Abeln said he'll ask for probation because the par- ents, who remain free on $5,000 bail each, don't have criminal records. The Patriot-News 'is withholding the names of the 38-year-old father and 43-year-old mother to shield their son's identity, consistent with the newspa- per's policy of not identifying victims of sex crimes. Police claim the couple's son raped a 3-year-old girl in August 2007. The boy, formerly a student at Car- lisle's Lamberton Middle School, is to be tried as a juvenile on a rape charge in February, Freed said. The boy is un- dergoing sex offender counseling, said. The parents were arrested in Octol 2007 after a search of their home a vehicles turned up sexual material, cluding a photograph of the partly in mother near her son, investigators sai Officers said they searched the ho. after rgceiving information that the leged rape might have been trigger by the boy's access to sexually expI material owned by his parents. MATT MILLER: 249-2006 or mmiller@patriot-news.com JOHN C. WHITEHEAD, The Patriot-t West Shore Regional police officers escort Marc Orner into the office of District Judg Robert V. Manlove on Wednesday. Orner is being held in Cumberland County Prison it lieu of $100,000 bail on a charge of attempted homicide. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent NO. 05-1955 CIVIL TERM CIVIL ACTION - LAW V. FREDERICK L. BATEMAN, Defendant/Petitioner : IN CUSTODY VERIFICATION I, FREDERICK L. BATEMAN, hereby verify that the information contained in the foregoing Petition is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: G U fztn i" lzf - FREDERICK L. BATE AN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. BATEMAN, Plaintiff/Respondent V. FREDERICK L. BATEMAN, Defendant/Petitioner : NO. 05-1955 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this Ce day of July, 2009, I, Elisabeth J. Clough, for the law firm of Krevsky & Rosen, P.C., hereby certify that I have this day served a copy of the Petition in the above-captioned matter, by U.S. FIRST CLASS and U.S. CERTIFIED MAIL on the following: SUSAN BATEMAN 1009 SWARTHMORE ROAD NEW CUMBERLAND, PA 17070 6 zil 64? Elisabeth J. Clough Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 FILF-D-r ifFI F 7?E midi- rut'il"XIAPY 2909 jul, PIN 12: 14 Pot. acE? g')o.ob Cle, :3,?z g-r a a ?/P? SUSAN E. BATEMAN, Plaintiff V. FREDERICK L. BATEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1955 CIVIL TERM IN RE: EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER ORDER OF COURT AND NOW, this 21" day of July, 2005, upon consideration of Defendant's Emergency Petition for Modification of Custody Order, a hearing is scheduled for Thursday, August 6, 2009, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. ?9'usan Bateman 1009 Swarthmore Road New Cumberland, PA 17070 Plaintiff, pro Se awrence J. Rosen, Esq. v 1101 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc BY THE COURT, F7LL.D""G. , IGE OF THE PR''lTPOf -IO APIY 2009 JUL 22 PIN 1: 56 pI Inz.)' -VA" 4A SUSAN E. BATEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1955 CIVIL ACTION LAW FREDERICK L. BATEMAN . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, July 29, 2009 _ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, ugust 31, 2009 at 12:00 PM at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August' _ -__...__.._-..----.--..--..._..........-.._........... - for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COUR'T'. By: /s/ Dawn S. Sunda Es q. OV .J 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 FOR'T'H 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 p OF T ,r .. ?ttr 2 ?t17 .)U" 29 P ?, r SUSAN E. BATEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 05-1955 CIVIL TERM FREDERICK L. BATEMAN, CIVIL ACTION - LAW Defendant IN CUSTODY IN RE: EMERGENCY PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 6th day of August, 2009, upon consideration of Defendant's Emergency Petition for Modification of Custody Order and following a hearing, the record is declared closed and the matter is taken under advisement. Susan E. Bateman, Pro SV 1009 Swarthmore Road New Cumberland, PA 17070 .,?Lawrence J. Rosen, Esquire Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 :mlc `,pp t gs rYt,?ec e/l r/o By the Court, ?7 l-(E t C`.•d v )e?la? .I . SUSAN E. BATEMAN, Plaintiff V. FREDERICK L. BATEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1955 CIVIL TERM TEMPORARY ORDER OF COURT AND NOW, this 10t` day of August, 2009, upon consideration of Defendant's Emergency Petition for Modification of Custody Order, with respect to the parties' child, Frederick T. Bateman (date of birth June 17, 1998), and following a hearing held on August 6, 2009, it is ordered and directed as follows pending the custody conciliation conference in this case: 1. Legal custody of the child shall be shared by the parties; 2. Physical custody of the child shall be shared by the parties on an alternating weekly basis; no change in the child's school is intended; 3. Plaintiff shall not consume alcohol during her periods of custody of the child; 4. Plaintiff shall immediately obtain a drug and alcohol evaluation and engage in any recommended treatment until successfully discharged; 5. The parties shall engage in family counseling with the child if Defendant's insurance through his employment will pay for the same; and 6. Nothing herein is intended to preclude the parties from deviating from the terms of this order by mutual agreement. BY THE COURT, I Wesley Oler, r., J. /Susan Bateman 1009 Swarthmore Road New Cumberland, PA 17070 Plaintiff, pro Se awrence J. Rosen, Esq. 1101 N. Front Street Harrisburg, PA 17102 Attorney for Defendant :rc Fj'LED- 7 Ht Y i N 2 000 A U G 12 Ai f? 0 u ? w SEP 0 4 2009(, SUSAN E. BATEMAN Plaintiff vs. FREDERICK L. BATEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1955 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 10 ` day of !5- tD f 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated June 30, 2005 and August 10, 2009 are vacated and replaced with this Order. 2. The Mother, Susan E. Bateman, and the Father, Frederick L. Bateman, shall have shared legal custody of Frederick T. Bateman, born June 17, 1998. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The parties shall share having physical custody of the Child on an alternating weekly basis with the exchange to take place every week on Sunday at 8:00 p.m. 4. The Child shall remain enrolled in the New Cumberland Middle School. 5. The parties shall share having custody of the Child on holidays as arranged by agreement. 6. The Mother shall not consume alcohol during her periods of custody with the Child. ?r a 7. The Mother shall immediately obtain a drug and alcohol evaluation and engage in any recommended treatment until successfully discharged. 8. The parties shall engage in family counseling with the Child if the Father has coverage through his health insurance through his employment. 9. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: wrence J. Rosen, Esquire - Counsel for Father ? Susan E. Bateman - Mother eof 1'es mat , LCCL Q/1d/0? BY THE COURT, ... -- SUSAN E. BATEMAN Plaintiff vs. FREDERICK L. BATEMAN Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1955 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Frederick T. Bateman June 17, 1998 Mother 2. A custody conciliation conference was held on August 31, 2009, with the following individuals in attendance: the Father, Frederick L. Bateman, with his counsel, Lawrence J. Rosen, Esquire, and the Mother, Susan E. Bateman, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator OF THE PPC'' HQ` NCTAPY 2404 SEP 10 P 2: 4 3 'N