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Home My WebLink About05-5327SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O ?- S 3 ?t `7 ?t r.?-- : CIVIL ACTION - LAW : IN DIVORCE 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. os' .S .3.j 7 C? -77, DEBRA S. HALDEMAN, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE, CUSTODY AND EOUITABLE DISTRIBUTION COUNTI AND NOW, comes the above-named Plaintiff, Scott D. Haldeman, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Scott D. Haldeman, an adult individual who currently resides at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on his Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Debra S. Haldeman, an adult individual who currently resides at 120 Hope Drive, Boiling Springs, Cumberland County, PA 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on October 15, 1995 in Worcester County, Maryland. 6. In October of 2000, an action for divorce was commenced by Husband herein in Cumberland County, Pennsylvania, which action was thereafter discontinued. 7. The marriage is irretrievably broken. S. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. COUNT II COMPLAINT FOR CUSTODY Paragraphs 1 through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff seeks partial physical custody of AUBRIANA L. HALDEMAN, born April 17, 1997, and KARINA W. HALDEMAN, born September 11, 2002, who currently reside with Plaintiff and Defendant at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 13. Aubriana L. Haldeman was born in wedlock and Karin a W. Haldeman was adopted. 14. The children are presently in the custody of Plaintiff and Defendant at 120 Hope Drive, Boiling Springs, Pennsylvania 17007. 15. During the past five years the children have resided with the following persons at the following addresses: A. With Plaintiff and Defendant at 120 Hope Drive, Boiling Springs, PA 17007. 16. The father of the children, Scott Haldeman, is currently residing at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania, and he is married. IT The Mother of the children, Debra S. Haldeman, is currently residing at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania, and she is married. IS - The relationship of the Plaintiff to Aubriana L. Haldeman, is that of natural father and the relationship of Plaintiff to Karina W. Haldeman is that of adoptive father. 19. The relationship of the Defendant to Aubriana L. Haldeman is that of natural mother and the relationship of Plaintiff to Karina W. Haldeman is that of adoptive mother. 20. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the father of the children. b. Plaintiff has been in the children's lives since they were born/adopted. c. Plaintiff is presently seeking a divorce. d. Plaintiff can continue to provide a stable home for the children. e. Plaintiff has co-parented the children with Defendant since the children were born/adopted. f. Plaintiff will remain in the immediate area in order to continue to be a part of the children's lives. WHEREFORE, the Plaintiff requests this Honorable Court to schedule a custody conciliation at the Court's earliest convenience. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 24. Paragraphs 1 through 23 above are incorporated herein by reference. 25. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 26. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Res ectfully sub , By: Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Dated Attorney for Plaintiff . f VERIFICATION I, Scott D. Haldeman, verify that the facts set forth in the foregoing Complaint for Divorce and Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: Scott D. Haldeman ? N OQ 1., ) O 1.? SCOTT D. HALDEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. HALDEMAN DEFENDANT 05-5327 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 19, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday November 29, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conterencc, an effort will he 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ jac_que/ire M_ Verney, Es. _ 1 11 O 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 most be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?,Op'?Vu, ? ,Sa- ,y/ (/1 So b?? ?l '. SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5327 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 8th day of November, 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: A Complaint for Divorce was filed to the above term and number on October 12, 2005. 2. On October 17, 2005, a certified copy ofthe Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. A copy of the Certified Mail Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. On October 17, 2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `B' and is incorporated herein by reference. ?? ^4 4. On or about November 7, 2005, undersigned counsel for Plaintiff received the Certified Mail, Restricted Delivery, Return Receipt Requested which was unclaimed by the Defendant. Attempts to deliver the Certified Mail were made on October 12, 2005, October 22, 2005, and November 1, 2005. A copy of the unclaimed mail is attached hereto as Exhibit "C" and is incorporated herein by reference. Respectfully submitted, n Mark A. Mateya, E quire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Postal Ln CERTIFIED MAIL. RECEIP T N (Domestic nJ m 1g3! ttlf ru Postage $ S p Certified Fee 42.31) 1)1)07 C3 (15 t R .? CO e um Reciept Fee (Endorsement Required) 41.75 41ere p p Reidn'etl Delivery Fae (Entlorsemerd Requ"Oug 4x.50 p Total Post. e S Foes g $ 4E.15 10/1 7/..005 m C3 ° scar ro /IAc D?mA ? / Ewa N _ -- Street, Apt, Na.: J p orPoBoxNo. /p3Q //Q?E ?•l (V,- - --- ---- .-------------------------------------------- Ciry, Stare. ZIP+ ? ------- /,( 4)&-s PS Form 3800, June 2002 S R - __N _ /?Jpp f ee ev erse or Instructlonst A Us. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Receivatl Penn, R A _ RTs ?.S i L,N SPRr1v5 A )7toT One piece of ordinary mail addressed to -DF?R l7Lli?l?1 s7{??IN?iS PA )r/00'7 PS Form 3817, May. 1989 if °oy o ?m 0 ca 0 ?? Dti Z N Q A ?'JC N^?'9 j ^ I \i 600 -1 •J9 y N . oG7 ill z D ?" c i In m D www.matcyafamilylaw.com 0000 coo%z ? ?N 1 svc3T , ODTnS? T?S?I CI ?I c=mm. r+. °x3z'' ?? ;'M1S Sy '"I? N ., ??maN TA ep, r'• m o 410 N rn yrn ? Y iU rm 0 b Y Nxq? q a ?y J 8 k ? b ly f w ?r G L'i 2 N m N r? rrm c=? -G rri a 1 v° yc r: r t' c. - n n} C.7 '?:? ice} SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this o2" day of 2006, upon consideration of the attached Custody Conciliation Report, Nis ordered and directed as follows: 1. The Father, Scott D. Haldeman and the Mother, Debra S. Haldeman, shall have shared legal custody of Aubriana L. Haldeman, born April 17, 1997 and Karina W. Haldeman, born September 11, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 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 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 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 nights, and the like. Mother shall have primary physical custody of the children. 3. Father shall have periods of partial physical custody of the children as follows: A. Aubriana: 1, Every school morning from 6:30 to 8:15 2. Every Monday, Thursday and alternating Friday after school from 3:30 p.m. to 5:30. 3. Every Tuesday, Wednesday and alternating Friday from after school from 3:30 p.m. to 7:30 p.m. 4. Alternating Saturdays and Sundays from 3:30 p.m. to 7:30 p.m. 5. Such other times including overnights in the event that Aubriana is ready to spend an overnight and her counselor concurs. 6. Father's Monday schedule shall not be effective in the event the child is off from school and Mother is off from work. B. Karina: 1. Every Monday from 6:30 a.m. to 5:30 p.m., except when Mother is off from work on Mondays. 2. Every Tuesday, Wednesday and alternating Friday from 5:30 p.m. to 7:30 p.m. 3. Alternating Saturday and Sunday from 3:30 p.m. to 7:30 p.m. 4. Such other times as the parties agree. 4. The parties shall cooperate with Aubriana's counselor, signing releases and participating in the counseling if requested. 5. The parties shall share holidays. 6. Transportation shall be shared as agreed by the parties. For purposes of this temporary Order, the parties agree that Father will not drive the children a distance not to exceed a 15-mile radius of his home. 7. 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. Another Custody Conciliation Conference is scheduled for April 3, 2006 at 9:30 a.m. BY THE COURT, Nk --? UA cc: Mark Mateya, Esquire, Counsel for Father Lindsay D. Baird, Esquire, Counsel for Mother a?. 03-01, ? 1 ? r1 r? U ? z ?' ?'a ??, aJ j „?_' 1\ a ? '.a ',.?y SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5327 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aubriana L. Haldeman April 17, 1997 Mother Karina W. Haldeman September 11, 2002 Mother 2. A Conciliation Conference was held in this matter on January 31, 2006, with the following in attendance: The Father, Scott D. Haldeman, with his counsel, Mark Mateya, Esquire, and the Mother, Debra S. Haldeman, with her counsel, Lindsay D. Baird, Esquire. The parties agreed to an Order in the form as attached. --3) ? A.lx Date acqu ine M. Verney, Esquire Custody Conciliator RE-CEIVED MAY 2 3 2006 Y SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, Defendant : IN CUSTODY ORDER OF COURT ?P AND NOW, this day of J X-n e- 2006 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. S , of the Cumberland County Court House, on the Ilam- day of Jl,-I , 2006, at 10' clb o'clock, A . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 2, 2006 shall remain in full force and effect with the following modifications: 3. Paragraph 3A(1) is deleted. 4. Paragraph 3A(5) is deleted and replaced with the following: "One overnight per week as Father's schedule permits." 5. Paragraph 3A(6) is deleted and replaced with the following: "During the summer every Tuesday unless Mother is off from work." 6. Paragraph 3B(1)-`Monday' shall be replaced with `Tuesday.' 7. Paragraph 3B(5) shall provide "One overnight per week when Karina is ready and Father's schedule permits." 8. Paragraph 4 shall be deleted in its entirety. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, lk-V'?AA - M. L. Ebert, Jr., cc-ark Mateya, Esquire, counsel for Father ,,Lfndsay D. Baird, Esquire, counsel for Mother J o? GS '9 ?HIV J_ Haar 099 TD SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, : IN CUSTODY Defendant PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aubriana L. Haldeman April 17, 1997 Mother Karina W. Haldeman September 11, 2002 Mother 2. A Conciliation Conference was held May 23, 2006 with the following individuals in attendance: The Father, Scott D. Haldeman, with his counsel, Mark Mateya, Esquire, and the Mother, Debra S. Haldeman, with her counsel, Lindsay D. Baird, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court on February 2, 2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. The Order restricted Father from driving the children more than a 15-mile radius from his home. 4. Father's position on custody is as follows: The only issue for determination is whether the restriction on driving should continue. Father was previously diagnosed with Sleep Apnea, causing him to fall asleep while driving. Father asserts that he uses his mechanical sleep device while at home, but not while he is away from home, working. Father is a long haul truck driver. His employer is aware of his medical condition. Father asserts that he has not fallen asleep at the wheel and presents his driving logs to prove that he is driving and has had no accidents. 5. Mother's position on custody is as follows: Mother is concerned about the safety of the children and believes that Father should use his sleeping device every night as it is more effective when used daily. Mother requests that the driving restriction of no more than a 15-mile radius from home continue until Father proves he is using the device daily and is not a safety concern to the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father periods of partial physical custody. It is expected that the Hearing will require one-half day. J? ay?o? k - ", Date acq line M. Verney, Esquire Custody Conciliator SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5327 CIVIL V. : CIVIL ACTION - LAW DEBRA S. HALDEMEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11" day of July, 2006, after hearing in the above-captioned matter, the following temporary order is entered: 1. The Father will be allowed to drive a motor vehicle in which his children are passengers within 40 miles of his home. 2. The Father is directed to submit to a new medical evaluation regarding his sleep apnea problem. The evaluation should include specific recommendations regarding the effect that sleep apnea may have upon Scott D. Haldeman's ability to safely operate a motor vehicle. 3. Counsel for the parties shall attempt to reach an agreement with regard to those practices which Scott D. Haldeman could take prior to and during extended motor vehicle trips with his children. Should no agreement be reached, each party shall submit its proposed safety conditions to the Court on or before July 28, 2006. By the Court, v\ A, M. L. Ebert, Jr., J. Mark A. Mateya, Esquire Attorney for Plaintiff Lindsay D. Baird, Esquire ,L 7-al. Attorney for Defendant bas "„ , I! 4"? r i ?BOG Ail 41 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Attorney I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeft- opelaw.com Attorney for Defendant SCOTT D. HALDEMAN : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 05-5327 DEBRA S. HALDEMAN : CIVIL ACTION - LAW Defendant. : IN CUSTODY PROPOSED SAFETY CONDITIONS AND NOW comes the defendant, Debra S. Haldeman (hereinafter "Mrs. Haldeman" or "defendant"), by and through her attorney, Shane B. Kope, Esquire, in response to the Order issued by the Honorable M.L. Ebert, Jr., dated July 11, 2006, or more specifically, provision three (3) of said Order, and avers the following: 1. Counsel for the parties could not reach an agreement with regard to practices that the plaintiff, Scott D. Haldeman (hereinafter "Mr. Haldeman" or "plaintiff"), could take prior to and during extended motor vehicle trips with his children. 2. For that reason, and due to the many dangers associated with sleep apnea, the defendant proposes the following safety conditions while the children are in the plaintiffs possession: a. That the plaintiff be limited to driving within a fifteen mile roundtrip limit of his home. I r b. That the plaintiff not drive on the highway. c. That the plaintiff follows through with the sleep apnea treatment as set forth by the sleep apnea clinic. d. That the plaintiff regularly report the progress of his sleep apnea treatment to his personal physician. e. That the plaintiff provide the necessary medical releases to the defendant so she can obtain plaintiffs current and on-going medical records concerning the progress of his sleep apnea treatment and the records from his primary physician. f. That the plaintiff be prohibited from taken extended trips with the children until he obtains the proper medical releases from the sleep apnea clinic and his personal physician. TES, LLC Dated: July 28, 2006 Shane B. Koh, Esq. CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal at Kope & Associates, LLC, hereby certify that on July 28, 2006, 1 served a copy of the within Proposed Safety Conditions by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attomey for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC Y B?--. lie Wehnert, Paraleg I 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 ?., - ; ? ?. c..- ._._, - - ._y _ ` ,' _ ::<:: 4 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net SCOTT D. HALDEMAN Plaintiff, vs. DEBRA S. HALDEMAN Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-5327 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRYIWITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Debra S. Haldeman, the Defendant in the above-captioned custody matter. -71-7 7/26UC DATE / S , ESQUIRE 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Supreme Court ID# 92207 Please withdraw my appearance on behalf of Debra S. Haldeman, the Defendant In the above referenced custody matter. DATE LI SAY D. B RD SQUIRE aird Law Offi 37 S. Hanover Street Carlisle, PA 17013 717-243-5732 Supreme CourtI D# n7 a 0 !J KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeft-comcast. net SCOTT D. HALDEMEN Plaintiff, vs. DEBRA S. HALDEMEN Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-5327 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 27th day of July, 2006, 1 served a true and correct copy of the foregoing Praecipe for EntryNVithdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attomey for Plaintifo KOPE & AMCIAMS, LLC By: hane B. Kope, sq. I. 7 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant .., ., ,, r :-} ???:. C-' - ?. SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5327 DEBRA S. HALDEMAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE & CUSTODY PETITION TO MODIFY CUSTODY 1. Petitioner is Scott D. Haldeman, (hereinafter referenced as "Petitioner"), Father of the children, Aubriana L. Haldeman, born April 17, 1997 and Karina W. Haldeman, born September 11, 2002; Petitioner currently resides at 30 Spring Garden Estates, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is Debra S. Haldeman, (hereinafter referenced as "Respondent"), Mother of the children, Aubriana L. Haldeman and Karina W. Haldeman, and Defendant in the above- captioned matter; Respondent currently resides at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The children, Aubriana L. Haldeman, was born on April 17, 1997, and is ten (10) years of age and Karina W. Haldeman, was born September 11, 2002, and is five (5) years of age, (hereinafter referenced as "Children") presently reside with Mother at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. An Order of Court dated June 6, 2006, issued by the Honorable M. L. Ebert, Jr., granted Petitioner and Respondent shared legal custody of the Children and primary physical custody with Respondent. A copy of said Order is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. The parties' residence has remained unchanged since the entry of the aforementioned Order of Court. 6. Father has not been able to enjoy the custodial periods as set forth in the Custody Order due to Mother's actions, as described more fully below. 7. Mother has not encouraged a normal relationship between the minor children and Father. 8. Mother has consistently spoken to the children in a manner which is designed to make them afraid of father, including but not limited to, telling the children that they are unsafe with Father when he is driving. 9. Children, as a result of Mother's consistent haranguing concerning the Father and his driving ability, are unreasonably fearful around Father concerning his driving. 10. Father believes and therefore avers that it is Mother's intention to continue this course of action such that Father shall have no reasonable opportunity to continue a normal Father-Child relationship with his children. 11. Father has driven with his children in the car countless times since the beginning of this case on October 12, 2005, all without incident. 12. Father has recently been awarded the Certificate of Safe Driving from ABF, his employer, and has been given a two (2) year safe driving award. 13. Father continues to drive for a living. 14. Mother has acted in a controlling manner, such that she has not discussed with Father the amount of time which he may be able to have with the Children during his free time but, rather, has consistently dictated to Father what she will permit him to have with his Children. See Exhibit "B" attached hereto. 15. Mother has claimed to this Honorable Court, in a letter which was forwarded to my office from this Honorable Court on November 5, 2007, that Father was not using his CPAP device for sleeping; This is simply false. A copy of said letter is attached hereto as Exhibit "C" and is incorporated herein by reference. 16. Mother is extremely controlling concerning father driving with the children. 17. Father notified his employer, ABF, of his sleep apnea condition. 18. Mother, in the aforementioned letter, claimed that Father's testimony was perjury without any proof thereof, showing that she is not carefully controlling her words to this Honorable Court. 19. Mother claimed that Father "ran into the back of someone's vehicle, due to following too close, no doubt due to drowsy driving." This is simply not true and Mother has offered no evidence thereof. This statement is another example of Mother's lack of control of her own actions. 20. Father believes and therefor avers that Mother is consistently asking the Children concerning Father's activities at his home; she recites in her letter to this Honorable Court that the youngest children "Feel a heavy burden of wanting to believe her father but knowing that he can not stay awake." This statement presumes to know a great deal without offering any proof thereof whatsoever. 21. The detailed information contained in the second full paragraph on Page Two of the aforementioned letter shows that Mother is having detailed discussions with her Children concerning Father's behavior. Father presents this as further evidence of Mother's lack of control and paranoia concerning these issues. 22. Father has consistently stayed within this Honorable Court's Order of July 11, 2006 concerning the driving restrictions placed on him. A copy of the July 11, 2006 Order is attached hereto as Exhibit "D" and is incorporated herein by reference. 23. Mother has not consistently kept Father informed concerning the Children's medical appointments. 24. Mother has attempted in every conceivable way to alienate Father from his Children. 25. Father believes and therefor avers that Mother's concerns over Father's former medical condition are completely out of control and lacking touch with reality. 26. Mother consistently has taken actions which slow down the process of finalizing the Divorce and has not cooperated with her own counsel or opposing counsel with a view to finalizing the Divorce. 27. Mother has not cooperated with Father or worked together with Father in order to allow Father to continue his normal paternal relationship with his Children. 28. Father believes and therefor avers that Mother has told the Children that Father is not safe to be around. 29. This case has had previous ruling issues by the Honorable M. L. Ebert, Jr. 30. Plaintiff's counsel has sought concurrence from opposing counsel, Leslie Beam, Esquire concerning the filing of the present action. Attorney Beam does not concur with the filing of the Petition to Modify Custody. WHEREFORE, Plaintiff respectfully requests the following: 1. Father be awarded primary physical custody of the Children; 2. That Mother be ordered to submit to psychological evaluation and appropriate treatment; 3. That Mother be ordered to refrain from telling her children that Father is an unsafe driver or an unfit Father; 4. Award Mother periods of partial physical custody as the parties agree, but not less than every other weekend. Respectfully submitted, k"I X ' Mark A. Mateya, quire Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Date: 1 Counsel for Petitioner VERIFICATION I, Scott D. Haldeman, verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED:' 1 ~ a Scott D. Haldeman \.-.. RECEIVED MA1 ;3? SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5327 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT e AND NOW, this day o , 2006, upon consideration of the attached Custody Conci iation Report, it is ordered and directed as follows: 1. A Hearing is sched led in Co R M No. , of the Cu Berl nd County C rt House, on the day of , 2006, at A-Im o'clock, ?. M., at which time testimony will be to n. For purposes of this Hearing, the Father shall be deemed to be the moving party a shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court dated February 2, 2006 shall remain in full force and effect with the following modifications: 3. Paragraph 3A(l) is deleted. 4. Paragraph 3A(5) is deleted and replaced with the following: "One overnight per week as Father's schedule permits." 5. Paragraph 3A(6) is deleted and replaced with the following: "During the summer every Tuesday unless Mother is off from work." 6. Paragraph 3B(1)-'Monday' shall be replaced with `Tuesday.' 7. Paragraph 3B(5) shall provide "One overnight per week when Karina is ready and Father's schedule permits." 8. Paragraph 4 shall be deleted in its entirety. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, Jn i M. L. Eb rt, Jr., J cc: Mark Mateya, Esquire, counsel for Father Lindsay D. Baird, Esquire, counsel for Mother TRUE COPS' FROIK-RECORD T mmny wh: rw)f,, t hero unto'-set my band i of z sle, Pa. • ?.. .... day J SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, : IN CUSTODY Defendant . PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aubriana L. Haldeman April 17, 1997 Mother Karina W. Haldeman September 11, 2002 Mother 2. A Conciliation Conference was held May 23, 2006 with the following individuals in attendance: The Father, Scott D. Haldeman, with his counsel, Mark Mateya, Esquire, and the Mother, Debra S. Haldeman, with her counsel, Lindsay D. Baird, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court on February 2, 2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. The Order restricted Father from driving the children more than a 15-mile radius from his home. 4. Father's position on custody is as follows: The only issue for determination is whether the restriction on driving should continue. Father was previously diagnosed with Sleep Apnea, causing him to fall asleep while driving. Father asserts that he uses his mechanical sleep device while at home, but not while he is away from home, working. Father is a long haul truck driver. His employer is aware of his medical condition. Father asserts that he has not fallen asleep at the wheel and presents his driving logs to prove that he is driving and has had no accidents. 5. Mother's position on custody is as follows: Mother is concerned about the safety of the children and believes that Father should use his sleeping device every night as it is more effective when used daily. Mother requests that the driving restriction of no more than a 15-mile radius from home continue until Father proves he is using the device daily and is not a safety concern to the children. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father periods of partial physical custody. It is expected that the Hearing will require one-half day. 1.11 6 -a Date Oacq line M. Verney, Esquire Custody Conciliator Comcast Webmail - Email Message Page 1 of 1 From: DEBAUBKAR@aol.com To: ttraveler3@comcast.net Subject: Re: (no subject) Date: Monday, October 29, 2007 7:59:07 PM PAY ATTENTION: AUBRI'S CLASS STARTS AT 6:45, SO THAT IS WHEN WE ARRIVEDIIIII1I1 M KARINA WAS NOT FEELING WELL, SO SHE DIDN'T GO TO HER CLASS TONIGHT, BUT THAT WOULD NOT HAVE PERTAINED TO YOU. See what's new at AOL.com and Make AOL Your Home Me. httn•//mailrenter3.romcact_net/wmr/v/wrn/4712114T)nO(1R1 C'.FC(1( OOIR672.2.15591414C C... 11/7/2007 Comcast Webmail - Email Message From: DEBAUBKAR@aol.com To: ttraveler3@comcast.net Subject: Re: (no subject) Date: Monday, November 05, 2007 5:18:02 PM Tomorrow I have the day off. The girls will be with me all day and evening. See whats new at AOL.com and Make AOL Your Homepaae. Page 1 of I httn:Hmailcenter3.comcast.netlwmc/viwm/4732331 C0004CEB000002AB32215593414CC... 11/7/2007 Comcast Webmail - Email Message Page 1 of 1 From: DEBAUBKAR@aol.com To: ttraveler3@comcast.net Subject: Re: (no subject) Date: Monday, November 05, 2007 8:13:22 PM Scott: You seem to always want to follow certain parts of the Court Order and only when it suits you. If you want to add some time on the weekend, we take from the week. Otherwise, we follow the COURT ORDER, which indicates you are to have them one overnight. See what's new at AOL.com and Make AOL Your Homepage. httn•//mnilr.Pnter3.comcact.net/wmc/v/wm/47'32 229(1()1FA7C l 0110064992215591414CC9... 11/7/2007 Comcast Webmail - Email Message From: DEBAUBKAR@aol.com To: ttraveler3@comcast.net Subject: (no subject) Date: Monday, November 05, 2007 5:28:37 PM Page 1 of 1 For as long as you are on this new shift, we will do away with Tuesday evening visits, as you will have extra time on the weekend. I would like the girls to be home just before lunch or before Karina's nap on Sunday. You pick "both" up on Friday after I get home from work; I will pick both up on Sunday. Deb See what's new at AOL.com and Make AOL Your Homepage. httrn•//mnilrnontprZ r-nmract nPtha?,,,?hr/wm/47i? t?U9fll1(lARI A9(1OnO ()RT)S')')15591414CC 11/7/2007 Comcast Webmail - Email Message Page 1 of 1 From: DEBAUBKAR@aol.com To: ttraveler3@comcast.net CC: (beam@kopelaw.com Subject: (no subject) Date: Friday, October 19, 2007 5:35:58 PM Scott: You have continued to come in my house without permission nor prior notice to me. This has continued despite my continuous and repeated requests for some courtesy, respect, consideration. Yes, indeed, your name is still on this mortgage. However, you have not lived here for almost TWO years. This is my home. You have your own home. I deserve privacy and respect. The neighbors report to me frequently that you are here. You took advantage of knowing when the girls and I were making a trip to visit my family mid September, and decided that was a perfect opportuntity to come in here and take whatever you wanted. 1 have no problem with you having things that belong to you. There is a proper manner that should be taken for you to acquire things that you have not previously. And, as you know, as I have been going through things in the house, I have been giving you things that belong to you. I do have a problem with you deciding, after two years, that maybe you are entitled to things that I may be using. That is stealing, in my opinion. It is a HUGE violation, in my opinion, for you to be an opportunist on your day off, but my work day, to again violate my home. (today, as an example) Aubri should NOT be reporting, nor the neighbors, that you had been in the house quite some time before she got off the bus. Also, Friday is not a visitation day for you, and my home is not your visitation sight. You have no business being here, without my knowledge nor permission. Lesley: I am sending you a copy of this e-mail, because this has gone on way too long. If he doesn't stop, and stop immediately, I am asking you to seek a Court Order to keep him out of this house. Deb Haldeman See what's new at AOL.com and Make AOL Your Ho_meDage. bttn•//mailcenter3.comca-,t.net/wme/v/wm/47'37ZIR' 000RR14100004Rf167715W1414CCO 11 /7/?007 RECEIVED 'J ? 2TN COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT M. L. EBERT, JR. JUDGE CUMBERLAND COUNTY November 5, 2007 Shane B. Kope, Esquire 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Mark Mateya, Esquire P. 0. Box 127 Boiling Springs, PA 17007 Re: Scott Haldeman v. Debra Haldeman 05-5327 Civil Gentlemen: COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6292 FAx (717) 240-6460 Enclosed please find a letter just received by Judge Ebert. Very truly yours, 969L iq*aa(4?\ Beth A. Stambaugh Administrative Coordinator Enclosure r? -- l q o5 The Honorable Skip Ebert, Judge Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Haldeman case Dear Judge Ebert: Each time my children are sent for a visit with their- father, I wonder if that will be that last time that I see them alive. Because, as you know, Scott Haldeman has severe sleep apnea. Despite this and despite a history of not following medical advice, and testimony from Scott himself that he doesn't use the CPAP because "he doesn't like it", he was given increased travel with his daughters. This is a nightmare that I live with every day, and never expected that a Court of la-A,, designed to protect children, would put their lives at risk. I love my children more than you will ever know. This situation has been eating away at me. I lived with Scott Haldeman for ten years. I know him; I know what he is all about. I testified that Scott was not able to stay awake in a car for longer than ten to fifteen minutes. My testimony was the truth. However, it didn't seem to matter who was more credible or responsible vr,hen the Order was dictated. I was the driver in our family Por- ten years. Scott started professional truck driving, after our separation. I immediately notified my attorney out of fear for public safety. Scott testified that his trucking company knew that he had sleep apnea and still allowed him to drive. It was a lie. He hid his illness from his company and put the public at risk. In fact, most of Scott's testimony was perjury. Yet, it didn't matter. The lives of these girls did not matter. That keeps going through my mind ever since that hearing, of which I will never forget, and never understand. I can not understand how it is that the lives of these children did not matter. I could not believe it was happening; I still can not believe it. Haldeman Page two Scott has had a couple accidents since our separation. He ran into the back of someone's vehicle, due to following too close, no doubt due to drowsy driving; and he ran into a curb, causing his tire to be shredded, also no doubt due to drowsy driving. I am told by my daughters regularly that he does not use his cpap machine. He tells my youngest it is because he doesn't snore anymore. This isn't even about snoring. It is about episodes of not breathing throughout the night that deprives his brain of oxygen. My oldest daughter, who is only ten, feels a heavy burden of wanting to believe her father but knowing that he can not stay awake. She tries her hardest to keep conversation going in the car so that he stays awake. She gets tired herself---she is a child. She is also in the back seat, and is not always aware that he is starting to nod off, until it is too late. She, being a child, also enjoys playing while she is a passenger in a car. She can not be responsible to keep her and her sister from being killed. That should be the responsibility of her parent. Please advise me as to what I am supposed to do. I can not sit back just waiting for something terrible to happen to my children. How can I live with that? There were no safeguards established for these precious girls. In fact, there was not even a conversation with a physician as to the seriousness of the issue, despite my attempts to provide that. There was not even the opportunity provided to verify he was in treatment for his sleep apnea prior to the Order being entered. At the court hearing, he was not in treatment, and testified to the fact. Yet, his travel with the girls was expanded. I do not even know if there is currently an established physician of whom I could report my concerns. I was left with nothing, no way to protect these girls. The only thing that I was left with is knowing that each time these girls go for a visit with their father and he travels with them, he puts their lives at risk, with the blessing of the Cumberland County Court. Page three Haldeman Please, I am asking for something that I can do to protect them. I need to know where he is supposed to be getting treatment so that I can notify his physician of his continued lack of compliance. I need something. Sincerely, C7t.JGd?irta.? Debra S. Haldeman SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5327 CIVIL V. CIVIL ACTION - LAW DEBRA S. HALDEMEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11`h day of July, 2006, after hearing in the above-captioned matter, the following temporary order is entered: 1. The Father will be allowed to drive a motor vehicle in which his children are passengers within 40 miles of his home. 2. The Father is directed to submit to a new medical evaluation regarding his sleep apnea problem. The evaluation should include specific recommendations regarding the effect that sleep apnea may have upon Scott D. Haldeman's ability to safely operate a motor vehicle. 3. Counsel for the parties shall attempt to reach an agreement with regard to those practices which Scott D. Haldeman could take prior to and during extended motor vehicle trips with his children. Should no agreement be reached, each party shall submit its proposed safety conditions to the Court on or before July 28, 2006. By the Court, lltl? ?_? M. L. Ebert, Jr., J. Mark A. Mateya, Esquire Attorney for Plaintiff Lindsay D. Baird, Esquire Attorney for Defendant bas TRUE COPY FROM RECM in Tod t w whwW, I her# unic set ffq &W W4 the um d am at Carlidk AL Z Prethonourv •1 w}- CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Petition to Modify Custody was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Leslie J Beam Esq. Kope & Associates LLC 4660 Trindle Road Ste 201 Camp Hill PA 17011 A - Mark A. Mateya, E wire Attorney ID No. 78931 Post Office Box 127 Boiling Springs, PA 17007 (717) 241-6500 Date: 11--7 i0q E:\Clients\Haldeman\PetModify3.wpd n ? co g3 SCOTT D. HALDEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. HALDEMAN DEFENDANT • 2005-5327 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 27, 2007 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ac ueline M. Verne Es T Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled. individuals having business before.the. court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD. ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Awn X t, (-.;, 730g r, d Obv p C? IAOT ,(jam p/, ?Zpsl `I: w--3?Ito y . c FEB 01200804 SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this ?I day of , 2008, upon consideration of the attached Custody Conciliation Rep rt, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. , of the Cumberland County Court House, on the I Ft-day of Ju-Ke-- , 2008, at q'Dc7 o'clock, A. M., at which time testimony will betaken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior Orders of Court dated February 2, 2006, June 6, 2006 and July 11, 2006 shall remain in full force and effect except as modified hereinafter: 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody of the children on the following schedule: A. Beginning Friday, February 1, 2008, alternating weekends, Friday from 5:30 p.m. (although Father may pick up the children earlier if he gets off work) to Sunday at 6:30 p.m. B. Every Tuesday from after school (3:30 p.m.) to 7:30 p.m. C. Beginning Wednesday, February 6, 2008, alternating Wednesdays from after school (3:30 p.m.) to 7:30 p.m. D. Beginning Monday February 11, 2008, alternating Mondays from after school (3:30 p.m.) to 7:30 p.m. E. Such other times as the parties agree. 5 83J Rggz 5. Transportation shall be shared such that the receiving party shall transport. 6. Father is permitted to attend the children's extracurricular activities and practices. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Mark Mateya, Esquire, counsel for Father ./Leslie J. Beam, Esquire, counsel for Mother (2CjJ 1 P T ehat L£c? a?v`og ,*t? -? L, V?t- . M. L. Ebert, Jr., 0 J. SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, : IN CUSTODY Defendant PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aubriana L. Haldeman April 17, 1997 Mother Karina W. Haldeman September 11, 2002 Mother 2. A Conciliation Conference was held January 31, 2008 with the following individuals in attendance: The Father, Scott D. Haldeman, with his counsel, Mark Mateya, Esquire, and the Mother, Debra S. Haldeman, with her counsel, Leslie J. Beam, Esquire. 3. The Honorable M. L. Ebert, Jr. previously entered Orders of Court on February 2, 2006, June 6, 2006 and July 11, 2006 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. The July 11, 2006 Order of Court restricted Father from driving the children more than a 40-mile radius from his home. 4. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody of the children, although he would agree to having partial physical custody on alternating weekends and several evenings during the week if Mother would lift her objection to Father driving with the children. He asserts that Mother has alienated the children against him and caused the children to fear Father's driving ability. Father maintains that there is no risk for him to drive the children. Father is a truck driver and recently received a two year safe driving award. Father asserts that Mother insists that Father not be present during the children's activities such as gymnastics and dance. 5. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody with Father having alternating weekends and some evenings during the week. Mother is adamant about the driving restriction for Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father periods of partial physical custody. It is expected that the Hearing will require one day. a-1-a9/ Date acq line M. Verney, Esquire Custody Conciliator KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeamO-kopelaw.com SCOTT D. HALDEMAN, Plaintiff, vs. DEBRA S. HALDEMAN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-5327 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COME Lesley J. Beam, Esquire, Shane B. Kope, Esquire and Kope & Associates, LLC, and files the following Petition for Leave to Withdraw as Counsel and in support thereof avers as follows: 1. Petitioner is Lesley J. Beam, Esquire, Shane B. Kope, Esquire, and Kope & Associates, LLC, who are presently counsel of record for Defendant, Debra S. Haldeman, in the above-captioned matter (hereinafter referred to as "Petitioner".) 2. Respondent is Debra S. Haldeman, Defendant, in the above-captioned matter, with the address of 120 Hope Drive, Boiling Springs, PA 17007 (hereinafter referred to as "Respondent".) 3. Petitioner has represented Respondent, pursuant to the above-docketed divorce and custody action since July 27, 2006. 4. During the course of Petitioner's representation of Respondent, Respondent has consistently ignored the advice of counsel, accused counsel of misinformation of the law and procedure, and accused counsel of "bullying" Respondent. 5. Petitioner is seemingly unable to communicate with Respondent effectively, as advice has been consistently misinterpreted by Respondent. 6. Respondent has more recently indicated to Petitioner that she does not want Petitioner to take any action on her case, and that Plaintiff's counsel would "finish the case". 7. Respondent has failed to respond to any further inquiries by Petitioner, including Petitioner's last communique in which it was indicated that Petitioner would be required to petition to withdraw if Respondent failed to reply. Through lack of response, therefore, it is believed that Respondent clearly indicates that she does not oppose Petitioner's Petition to Withdraw. 8. Respondent has undermined Petitioner's ability to competently represent her. 9. Petitioner believes that there has been a breakdown in the attorney/client relationship as a result of the above and Petitioner accordingly requests permission to withdraw as counsel for Respondent. 10. Petitioner's withdrawal as counsel for Respondent will have no material adverse effect on Respondent's interests pursuant to Pennsylvania Rule of Professional Conduct 1.16. 11. Petitioner has supplied a copy of this Petition for Leave to Withdraw as Counsel upon counsel for the Plaintiff, who does not oppose this Petition. 12. Petitioner, Lesley J. Beam, Esquire, Shane B. Kope, Esquire, and Kope & Associates, LLC, respectfully request that they be allowed to withdraw as counsel for Respondent due to the mutual termination of the attorney/client relationship. WHEREFORE, Petitioner respectfully requests that this Honorable Court permit Lesley J. Beam, Esquire, Shane B. Kope, Esquire and Kope & Associates, LLC, to withdraw as counsel for Respondent, Debra S. Haldeman. Respectfully submitted, Date: L", Lesle dam, Esquire KOP & ASSOCIATES, LLC Supreme Court ID #91175 Sh a B. Kope, Esqulra KOP OCIATES, Supreme Court I CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on March 27, 2008, 1 served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Debra S. Haldeman 120 Hope Drive Boiling Springs, PA 17007 (Respondent) Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attorney for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC Lesl Peam, Esquire 466 rindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 c°> ? . ,_ - ; ? , ? - r??? ,` ? - =- ?? -? ? ?;? ??z -- rn rv ?' ?? -?- .n... i 4'. -( ?? KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam kopelaw.com SCOTT D. HALDEMAN, Plaintiff, VS. DEBRA S. HALDEMAN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-5327 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AMENDMENT TO PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COME Lesley J. Beam, Esquire, Shane B. Kope, Esquire and Kope & Associates, LLC, and file the following Amendment to Petition for Leave to Withdraw as Counsel, in order to comply with Cumberland County Local Rule 208.3(a)(2): 1. At present, no rulings have been made by any Judge regarding the divorce in the aforementioned matter. 2. As per custody, the Honorable M. L. Ebert, Jr. held a hearing in this matter on July 11, 2006, at which time an Order was entered. The issue before Judge Ebert concerned Plaintiffs sleep apnea, and Defendant's concerns regarding his medical condition, and his ability to operate a vehicle safely with the children as passengers. A copy of the Order is attached to this Amendment as Exhibit A. This Order required Plaintiff to limit his driving where the children are passengers to within 40 miles of his home, to submit to a new medical evaluation, and directed counsel to attempt to reach an agreement regarding this issue. If counsel could not, each party was to submit its proposed safety conditions to the Court on or before July 28, 2006. 3. Petitioner entered its appearance after this ruling, and submitted proposed safety conditions to the Court on behalf of Defendant on July 28, 2006. Counsel for Plaintiff did not file safety conditions. 4. Judge Ebert has conducted no further hearings on this matter, and no further rulings have been made. 5. Counsel for Plaintiff filed a Petition to Modify Custody on December 5, 2007. A conciliation conference was held on January 31, 2008, and, at present, a hearing has been scheduled for June 18, 2008 at 9:00 am before Judge Ebert. This Order was dated February 4, 2008. 6. Respondent, Debra S. Haldeman, has not returned communication to Petitioner since February 5, 2008, at which time she indicated that she would "go without an attorney" and that Attorney "Mateya should be able to complete the remaining work." 7. Petitioner would ask that this Amendment be immediately forwarded to the Office of the Court Administrator, pursuant to the request of said Office. Date: /is Respeoully submitted, V/9- - E, esley. am, Esquire KOPE A SOCIATES, LLC Supreme Court ID #91175 SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5327 CIVIL V. CIVIL ACTION - LAW DEBRA S. HALDEMEN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this I Vh day of July, 2006, after hearing in the above-captioned matter, the following temporary order is entered: 1. The Father will be allowed to drive a motor vehicle in which his children are passengers within 40 miles of his home. 2. The Father is directed to submit to a new medical evaluation regarding his sleep apnea problem. The evaluation should include specific recommendations regarding the effect that sleep apnea may have upon Scott D. Haldeman's ability to safely operate a motor vehicle. 3. Counsel for the parties shall attempt to reach an agreement with regard to those practices which Scott D. Haldeman could take prior to and during extended motor vehicle trips with his children. Should no agreement be reached, each party shall submit its proposed safety conditions to the Court on or before July 28, 2006. By the Court, M. L. Ebert, Jr., J. Mark A. Mateya, Esquire Attorney for Plaintiff Lindsay D. Baird, Esquire Attorney for Defendant bas ?-la.uL 0-. CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on April 8, 2008, 1 served a copy of the within Amendment by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Debra S. Haldeman 120 Hope Drive Boiling Springs, PA 17007 (Respondent) Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attorney for Plaintiff) Respectfully Submitted, KOPE & ASSOCIATES, LLC I.-B- m, Esquire rind re Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 1-% ? C7 fTir , x?- ^L7 _TJ _TJ 1) SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5327 CIVIL CIVIL ACTION - LAW DEBRA S. HALDEMAN, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 15"' day of April, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before May 5, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, the Court will determine if a hearing will need to be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., . Lesley J. Beam, Esquire /Petitioner ? Mark A. Mateya, Esquire Attorney for Plaintiff Debra S. Haldeman, Defendant bas ' _ / t P.3 .n ZI L l?-? .411! 5.108 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam kopelaw.com SCOTT D. HALDEMAN, Plaintiff, vs. DEBRA S. HALDEMAN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 05-5327 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner Lesley J. Beam, Esquire, and motions this Court to make absolute the Order that it issued in this matter on April 15, 2008, and in support of said Motion states as follows: 1. On April 10, 2008, Petitioner filed with this Court a Petition for Leave to Withdraw Appearance. 2. On April 15, 2008, the Honorable M.L. Ebert, Jr. issued a Rule to Show Cause, ruling all parties to show cause why Petitioner should not be granted permission to withdraw as counsel of record for Defendant. A true and correct copy of said Rule to Show Cause is attached hereto and incorporated herein as Exhibit A. 3. The Parties were required to file an answer on or before May 5, 2008. 4. On April 15, 2008, said Rule to Show Cause was mailed to Plaintiff's counsel at P.O. Box 127, Boiling Springs, PA 17007, and to Petitioner's client, the Defendant, at her current address of 120 Hope Drive, Boiling Springs, PA 17007. 5. No party has filed an answer to said Rule to Show Cause on or before May 5, 2008. 6. Pursuant to said Rule to Show Cause, Petitioner's relief should thus be granted upon the filing of this Motion to Make Rule Absolute. WHEREFORE, Petitioner Lesley J. Beam, Esquire, with Shane B. Kope, Esquire and Kope & Associates, LLC, hereby respectfully requests that this Court make absolute the Rule to Show Cause issued on April 15, 2008 and grant Petitioner's Petition for Leave to Withdraw as Counsel. Respectfully Submitted, KOPE & ASS CIATES, LLC BY/ s (fi/ Lesl eam, Esquire Date: ? ?, ?Op g VERIFICATION I, Lesley J. Beam, the Petitioner in this matter, have read the within Motion to Make Rule Absolute. I verify that my averments in Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: S T ze? // -7? P?_ 7-7 Lesley J. B a squire CI/ SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5327 CIVIL V. CIVIL ACTION - LAW DEBRA S. HALDEMAN, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 15`h day of April, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before May 5, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, the Court will determine if a hearing will need to be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., Lesley J. Beam, Esquire Petitioner Mark A. Mateya, Esquire Attorney for Plaintiff Debra S. Haldeman, Defendant bas CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on May 6, 2008, 1 served a copy of the within Motion by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Debra S. Haldeman 120 Hope Drive Boiling Springs, PA 17007 (Respondent) Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attorney for Plaintifo Respectfully Submitted, KOPE & ASSOCIATES, LLC Les J/Beam, Esquire 466 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 N cs rs ..t .t? 5 MAY 0 8 2008 M` KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam(&-kogelaw.com Attorney for Defendant SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 05-5327 DEBRA S. HALDEMAN, : CIVIL ACTION - LAW Defendant. : IN DIVORCE AND CUSTODY ORDER AND NOW, this day of 2008, upon consideration of the Petitioner's Motion to Make Rule Absolute, and the failure of Plaintiff and Defendant to file answers to the Rule to Show Cause issued in the above-captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Petition for Leave to Withdraw Appearance is GRANTED. Petitioners will be withdrawn upon filing a Praecipe with the Prothonotary. BY THE COURT: '??tv ?ru ?1?rd solels- ? ? :? ?d b- ? n?eooz 4 l KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamD-kogelaw.com SCOTT D. HALDEMAN, Plaintiff, vs. DEBRA S. HALDEMAN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-5327 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Please enter the withdrawal of counsel for Defendant Debra S. Haldeman in the above captioned matter per the Order dated May 9, 2008 of this Honorable Court. Respectfully Submitted, KOPE & ASSO;IATES, LLC ?Lesl 43earn Esquire ID# 175 4660 Trindle Road Suite 201 Camp Hill, PA 17011 717-761-7573 or Defendant Shane B. Kope, uire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 717-761-7573 Attorney for Defendant CERTIFICATE OF SERVICE I, Lesley J. Beam, do hereby certify that on this the 14th day of May, 2008, 1 served a true and correct copy of the foregoing Praecipe to Withdraw as Counsel via regular U.S. First Class mail, postage prepaid, addressed as follows: Debra S. Haldeman 120 Hope Drive Boiling Springs, PA 17007 (Respondent) Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (Attorney for Plaintifo Respectfully Submitted, KOPE & ASSOCIATES, LLC e'sley J. PraW, Esquire 4660 Trin le Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 ' . 7 °' r a o cz? SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant IN RE: CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-5327 CIVIL ACTION IN CUSTODY ORDER OF COURT AND NOW, this 18th day of June, 2008, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that counsel for Scott Haldeman shall provide the court with a proposed order to address the scheduling of custody of these children. By the Court, ? Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, Pa. 17007 For the Plaintiff ? Debra S. Haldeman, Defendant 120 Hope Drive Boiling Springs, Pa. 17007 .mtf Ca?i?s m3(? ?\N --t ?Al M. L. Ebert, Jr., ?dNn? ,i, Vw4no 6C =Z Wd 6 { NAf BODZ MVX,[ ? -L CUd 3HI ?O A.. SCOTT D. HALDEMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. HALDEMAN, DEFENDANT NO. 05-5327 CIVIL ORDER OF COURT AND NOW, this 25th day of June, 2008, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The Father, Scott D. Haldeman, and the Mother, Debra S. Haldeman, shall have shared legal custody of Aubriana L. Haldeman, born April 17, 1997, and Karina W. Haldeman, born September 11, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including but not limited to all decisions regarding their health, education and religion. Pursuant to the terms of 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 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 times 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 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 nights, and the like. 2. Mother and Father shall have equally shared physical custody of the children according to the following schedule: Period 1: Father shall have custody from 8:00 a.m. Saturday, June 28, 2008, until 8:00 a.m. Thursday, July 3, 2008, at 8:00 a.m. Mother shall then have custody from 8:00 a.m. July 3, 2008, until 8:00 a.m. Tuesday, July 8, 2008. Period 2: Father shall have custody from 8:00 a.m. Tuesday, July 8, 2008, until 8:00 a.m. Thursday, July 10, 2008. Mother shall then have custody from 8:00 a.m. July 10, 2008, until 8:00 a.m. Saturday, July 12, 2008. The schedules will then repeat and continue thereafter. Exact exchange times will be flexible subject to agreement between the parties. 3. Each parent is entitled to two, non-contiguous weeks of vacation per year with the children. The party wishing to exercise custodial vacation time with the children shall give written notice to the other party at least thirty (30) days prior to said vacation time. 4. Summers shall not be handled differently than the normal custody schedule above. Ink 5. The parents shall share holidays; if the parents are unable to agree on shared holidays, the normal custody schedule, above, shall be the controlling schedule. 6. All driving restrictions placed on Father in previous orders are hereby rescinded. 7. The party gaining custody shall provide the transportation. 8. The parties agree to each take one child as a tax deduction for state and federal tax return purposes. By the Court, M. L. Ebert, Jr., J. ? Mark A. Mateya, Esquire Attorney for Father 'Debra S. Haldeman Mother bas ?:?q A: ? "-h I ? a I .t ? .ri ? 1 ='pry'; Iry ? ?'- ,?.._ i ? -?l :?v SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.05-5327 DEBRA S. HALDEMAN, : CIVIL ACTION - LAW - h..9 ~ Defendant : IN DIVORCE ~ r-~~ ~ AFFIDAVIT OF CONSENT ~ 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Co45aas ~&d October 12, 2005. 9- ~ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. o ~J~~~\ ~ GrJG Debra S. Haldeman Defendant < Cl f / DATED: /0 SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.05-5327 DEBRA S. HALDEMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE UEST ENTR ~W A DIVORCE DECREE UNDER 3301 c OF THE DIVORCE C "w . 1. I consent to t]ie entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE % U Z/O Debra S. Haldeman Defendant SCOTT D. HALDEMAN r LJ , OCT 24 N-11 2: 18 IN THE COURT OF COMMON PLEAS vs CUMBERLAND COUNTY, PENNSYLVANIA EN1NSY?`VAHd A' ' CIVIL DIVISION DEBRA S. HALDEMAN NO. 05-5327 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: CIVIL TERM Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: CERTIFIED MAIL, RESTRICTED DELIVERY, U.S. FIRST CLASS MAIL ON 10/17/05 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 10/12/11 ; by defendant 10/10/11 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: OCTOBER 12, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: OCTOBER 21, 2011 Attorney for Plaintiff/D ant IN THE COURT OF COMMON PLEAS OF SCOTT D. HALDEMAN CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA S. HALDEMAN NO. 05-5327 DIVORCE DECREE AND NOW, o tkb1 r J? 1611 it is ordered and decreed that SCOTT D. HALDEMAN DEBRA S. HALDEMAN bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree By the Court, E' N\-Iltl' Attest: J. Prothonotary qo?te ?,, Mai V ?6 ( P C) , SCOTT D. HALDEMAN, • IN THE COURT OF COMMON PL - Plaintiff : CUMBERLAND COUNTY, PENN " PAIA '', • v. NO. 05-5327 CIVIL <C __n DEBRA S. HALDEMAN, • CIVIL ACTION LAW ~- `'•' Defendant : IN CUSTODY c r PETITION TO MODIFY CUSTODY 1. The Petitioner is Debra S. Haldeman, (hereinafter referred to as "Mother"), who is an adult individual residing at 120 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. The Respondent is Scott D. Haldeman, (hereinafter referred to as "Father"), who is an adult individual residing at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of Aubriana L. Haldeman, born April 17, 1997 and Karina W. Haldeman, born September 10, 2002 (hereinafter referred to as "Children"). 4. The parties are governed by an Order dated June 25, 2008, which is attached hereto as "Exhibit A." 5. Father has been convicted of sexual abuse of children and indecent assault as set forth in the sentencing Order dated July 23, 2013, which is attached hereto as "Exhibit B." 6. Mother desires a new Custody Order which modifies the existing legal and ir.434°P°1-46 WHEREFORE, Mother respectfully requests this Honorable Court grant her sole legal and physical custody of the Children. Respectfully submitted, BARIC SCHERER, LLC Date: N 4/074A/C Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dirldomesticlhaldeman-debra/modify.pet VERIFICATION I verify that the statements made in the foregoing Petition To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: // / /lo /39�t�- / Debra S. Haldeman CERTIFICATE OF SERVICE CERTIFICATE OF SERVICE I hereby certify that on November 20, 2013, I, Lauren McVaugh, of Baric Scherer, did serve a copy of the Petition to Modify Custody, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Mark Mateya, Esquire 55 West Church Avenue Carlisle, Pennsylvania 17013 Lauren Mc aug . > SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • DEBRA S. HALDEMAN, DEFENDANT : NO. 05-5327 CIVIL ORDER OF COURT AND NOW, this 25th day of June, 2008, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The Father, Scott D. Haldeman, and he Mother, Debra S. Haldeman, shall have shared legal custody of Aubriana L. aldeman, born April 17, 1997, and Karina W. Haldeman, born September/11, 002. 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 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 other parent. To me 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 times 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 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 nights, and the like. 2. Mother and Father shall have equally shared physical custody of the children according to the following schedule: Period 1: Father shall have custody from 8:00 a.m. Saturday, June 28, 2008, until 8:00 a.m. Thursday, July 3, 2008, at 8:00 a.m. Mother shall then have custody from 8:00 a.m. July 3, 2008, until 8:00 a.m. Tuesday, July 8, 2008. Period 2: Father shall have custody from 8:00 a.m. Tuesday, July 8, 2008, until 8:00 a.m. Thursday, July 10, 2008. Mother shall then have custody from 8:00 a.m. July 10, 2008, until 8:00 a.m. Saturday, July 12, 2008. The schedules will then repeat and continue thereafter. Exact exchange times will be flexible subject to .cgreer^on+ betwPPn the parties. 3. Each parent is entitled to two, non-contiguous weeks of vacation per year with the children. The party wishing to exercise custodial vacation time with the children shall give written notice to the other party at least thirty (30) days prior to said vacation time. 4. Summers shall not be handled differently than the normal custody schedule above. • �► 5. The parents shall share nolidays; if the parents are unable to agree on shared holidays, the normal custody schedule, above, shall be the controlling schedule. 6. All driving restrictions placed on Father in previous orders are hereby rescinded. 7. The party gaining custody shall provide the transportation. 8. The parties agree to each take one child as a tax deduction for state and federal tax return purposes. By the Court, 144\ e"\■. M. L. Ebert, Jr., J. ■ Mark A. Mateya, Esquire Attorney for Father 'Debra S. Haldeman Mother bas Cop tics en`a t LEL ��sloe fy) COMMONWEALTH IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . THE NINTH JUDICIAL DISTRICT v CP-21-CR-3295-2012 CHARGES: (1) SEXUAL ABUSE OF CHILDREN • (2) INDECENT ASSAULT (4 CTS. ) SCOTT DOUGLAS HALDEMAN AFFIANT: TPR. BENJAMIN H. WILSON OTN: T200105-3 IN RE: SENTENCING ORDER OF COURT AND NOW, this 23rd day of July, 2013, the Defendant together with counsel appearing in open court for sentencing and having reviewed the sentencing report, the sentence is as follows: On Count 1, that indicates a prior record score of 0, an offense gravity score of 5, and offense level of 2: 1. Defendant is to serve a term of confinement of not less than 11 1/2 months nor more than 23 months in a County Prison. Defendant is authorized for a reentry program if otherwise eligible, and work release is authorized if otherwise eligible. 2 . Defendant is to serve a consecutive supervised term of probation for 60 months upon satisfactory completion of the parole. 3 . Defendant is to have no contact, direct or indirect, with the victims. 4 . Defendant is to pay restitution in the amount of $280 to Ms . Gutshall and $390 to Ms . Haldeman. 5 . Defendant so to follow and abide by the written conditions of Probation and Parole as adopted by this Court. 4 6. Defendant is to comply with the Megan' s law registration requirements, obtain a sexual offender evaluation, and comply with all recommended treatment . Further, Defendant is to provide a DNA sample. 7 . Defendant is to pay a fine of $500 to the County of Cumberland. 8 . Defendant is to pay the costs of prosecution. At Count 2, which is a total of 4 counts, that indicates a prior record score of 0, an offense gravity score of 6, and an offense level of 3, the sentence is as follows: 1 . Defendant is to serve a concurrent term of confinement to Count 1, but consecutive to each other count within Count 2, for the four counts at Count 2, of not less than 90 days nor more than 180 days, which is an aggregate for all four counts of 360 days to 720 days. Defendant is authorized for reentry program if otherwise eligible, and work release is authorized if otherwise eligible. 2 . Defendant is to serve a consecutive unsupervised term of probation for each of the four counts following completion of any other probation and then parole of 30 months each, for a toraL or 120 months. 3 . Defendant is to have no contact, direct or indirect, with the victims. 4 . Defendant is to follow and abide by the written conditions of Probation and Parole as adopted by this Court . 5 . Defendant is to comply with the Megan's law registration requirements, obtain a sexual offender evaluation, comply with all recommended treatment, and provide a DNA sample. 6. Defendant is to pay a fine of $500 for each o count, for a total of $2, 000, within Count 2, and Defendant is to pay the costs of prosecution. By the Court, Thomas A'. Placey C. P.J. Christin Mehrtens-Carlin, Esquire Office of the District Attorney Gregory B. Abeln, Esquire For Defendant Probation (Tiffany Ryan) Sher ' ff ictim Witness CCP :mae • • SCOTT D. HALDEMAN , : IN THE COURT OF COMMON PLEAS Plaintiff • CUMBERLAND COUNTY, PA Vs • No. 05-5327 CIVIL TERM • DEBRA S. HALDEMAN • CIVIL ACTION - LAW Defendant • IN CUSTODY 53 ;�, Z N CRIMINAL RECORD /ABUSE HISTORY VERIFICATION '-Wr I, t@,6 rct f-Ia Icle_ota,n , hereby swear or affirm, subj st 7" penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of Sentence all that household conviction, apply member guilty plea, no contest plea or pending charges ❑ 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) ❑ 18 Pa.C.S. §2709.1 ❑ ❑ (relating to stalking) 4. ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a motor vehicle or structure) ❑ 18 Pa.C.S. §3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. §3123 ❑ ❑ (relating to involuntary deviate sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. §3125 ❑ ❑ (relating to aggravated indecent assault) (sesua};o pue uoi;n;i;soJd o; bugeie ) ❑ ❑ (q)Z069§ 'S'3'ed 84 ❑ (ue�pliyo ;ue;ui ui bulleep o; bugelai) ❑ ❑ SO£A§ 'S'3'ed 81 ❑ (PIP-13 JO !peep 6uileaouoo o; 6ui;elei) ❑ ❑ £0£1M§ 'S'3'ed 81 ❑ (meow o; bugela,) ❑ ❑ ZO£P§ 'S'O'ed 81 0 (sesua};o pa;eias pue UOSJe o; bui;ele4 ❑ ❑ 10££§ 'S'0'ed 81 ❑ (sJepua};o xes o; 6unelai ;onpuoo o; 6ui;elai) ❑ ❑ 0£6£§ 'S'3'ed 81 0 (sleuaiue win esino3Ja;u! 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HALDEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANR _ - --t V. �Co t f, w 2005-5327 CIVIL ACTION LAW � DEBRA S. HAALDEMAN t/3r t IN CUSTODY r—G N �} DEFENDANT zc:) -t 3>c v ORDER OF COURT c AND NOW, Monday, December 02,2013 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M.Verney,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,January 07,2014 2:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court(including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ jacqueAne M. Verney, Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Co MM.. LL Cumberland County Bar Association A&Icr L, 32 South Bedford Street M . n Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 A44y m . rn -ET& R4� ,J . ucjw>,� A/J/ 3 SCOTT D.HALDEMAN, : IN THE COURT OF COMMON PLEAS(9„F Plaintiff : CUMBERLAND COUNTY,PENNSYLNIOIIAZL ma/ c, r V. : NO.2005-5327 CIVIL ACTION-LAW .T.�` DEBRA S.HALDEMAN, r-. . -- Defendant : IN CUSTODY C : 1-;v ORDER OF COURT AND NOW, this 9th day of December, 2013, being advised that the parties have reached a Stipulated Agreement, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, f j acqu ine M. Verney, Esquire, Custody Cone for SCOTT D. HALDEMAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. DEBRA S. HALDEMAN DEFENDANT AND NOW, . CUMBERLAND COUNTY, PENNSYLVANIA 2005-5327 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, June 06, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, June 25, 2014 1:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions. of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq.r 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. c) c_� eciat'es t ` Cumberland County Bar Association • —i 32 South Bedford Street rr9 c , ., — . S Carlisle, Pennsylvania 17013 r� --' cn (m . �yl, f y� Telephone (717) 249-3166 - c, w 6 , Lam > -10 ,f . 0 .ix_si mac, y N ': 0 SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5327 CIVIL ACTION - LAW DEBRA S. HALDEMAN, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 1 day of --S, , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated June 25, 2008 is hereby vacated. 2. The Mother, Debra S. Haldeman, shall have sole legal custody of Aubriana L. Haldeman, born April 17, 1997 and Karina W. Haldeman, born September 11, 2002. Mother shall provide to Father annual photographs of the children, major medical updates, excluding therapy updates, and current report cards, unless Father makes arrangements with the school to otherwise obtain report cards. 3. Mother shall have sole physical custody of the children. 4. 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. BY THE COURT, \\\V*. c : N chael A. Scherer, Esquire, Counsel for Mother Scott D. Haldeman, pro se 901 S. Spring Garden Street Lot 30 rn.. Carlisle, PA 1701.5 f cr) 1 I Q.i frLat 1.11-A < 7/9'4/ SCOTT D. HALDEMAN, Plaintiff V. DEBRA S. HALDEMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5327 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: M. L. Ebert, Jr., J. 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 Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Aubriana L. Haldeman April 17, 1997 Mother Karina W. Haldeman September 11, 2002 Mother 2. A Conciliation Conference was held in this matter on July 8, 2014, with the following in attendance: The Mother, Debra S. Haldeman, by telephone, with her counsel, Michael A. Scherer, Esquire and the Father, Scott D. Haldeman, pro se. 3. The Honorable M. L. Ebert, Jr. previously entered an Order of Court dated June 25, 2008 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. Date acq:.eline M. Verney, Esquire -.--,.—t-b Custody Conciliator SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5327 -� rnrn DEBRA S. HALDEMAN, : CIVIL ACTION - LAW Defendant IN DIVORCE & CUSTODY c, PETITION OF PLAINTIFF'S COUNSEL ?c FOR LEAVE TO WITHDRAW The Petition of Mark A. Mateya, Esquire, respectfully represents the following: 1. The above -referenced action was filed on October 12, 2005, by Petitioner on behalf of Plaintiff. 2. A Divorce Decree was issued on October 25, 2011, leaving the custody issues the only legal matters pending. 3. Defendant filed a Petition to Modify Custody on or about November 27, 2013. 4. Defendant's counsel presented Plaintiffs counsel with a Custody Stipulation which Plaintiff refused to agree to. 4. A Custody Conciliation was scheduled with Jacqueline M. Verney, Esquire for June 25, 2014; thereafter the matter was continued until July 8, 2014, which has been continued pending Defendant obtaining new counsel. 5. Plaintiff has requested that Petitioner withdraw from the present action as he is seeking new counsel for representation in the custody matters. 6. Petitioner has sought concurrence from Attorney Michael Scherer in this Petition to Withdraw his Appearance on behalf of Plaintiff Scott Haldeman. Attorney Scherer does not object to Petitioner's Petition to Withdraw his Appearance from the present case. 7. All proceedings in this matter have been heard by the Honorable M. L. Ebert, Jr. WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to withdraw his appearance for Plaintiff Scott D. Haldeman in this action. Respectfully submitted, A1/4 Mark A. Mateya, Esquire Attorney ID No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: �1 i (i SCOTT D. HALDEMAN, Plaintiff v. DEBRA S. HALDEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5327 • : CIVIL ACTION - LAW : IN DIVORCE & CUSTODY CERTIFICATE OF CONCURRENCE I, Mark A. Mateya, attorney for Plaintiff/Petitioner Scott D. Haldeman spoke with Michael Scherer, Esquire, counsel for Defendant, Debra S. Haldeman, requesting his concurrence in the Petition of Plaintiff's Counsel for Leave to Withdraw. Attorney Michael Scherer, indicated that he concurs with the Petition for Leave to Withdraw. Respectfully submitted, Date: �a Mark A. Mateya, E(quire Attorney I.D. No. 78931 55 W Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Petition of Plaintiff's Counsel to Withdraw His Appearance was filed on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Michael Scherer Esq. 19 W South Street Carlisle PA 17013 Scott Haldeman 30 Spring Garden Estates Carlisle PA 17013 Date: 0/7/1./. AAA A Mark A. Mateya, quire Attorney ID No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 SCOTT D. HALDEMAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5327 DEBRA S. HALDEMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE & CUSTODY ORDER 5Th day p 09 s� p AND NOW this of I � , 2014u on consideration of Petition of Plaintiff's Counsel for Leave to Withdraw, IT IS HEREBY Ordered and Decreed that Mark A. Mateya's Petition for Leave to Withdraw on behalf of Plaintiff Scott D. Haldeman is hereby GRANTED. BY THE COURT: Distribution: 1/1. hael Scherer Esq., 19 W South Street, Carlisle PA 17013 c tt Haldeman, 30 Spring Garden Estates, Carlisle PA 17013 k A. Mateya, Esq., 55 W. Church Avenue, Carlisle PA 17013 esi17.5M es n2.1 A. - "77 rri C f'ri • STs G'7 rn r- c n - -1 <p C'? - Gam.) -rl C)_, S. W a --4 Crl >