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Home My WebLink About00-02416 . " - ... Julie Witman, Plaintiff APR 1 8 20~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 5 v. : CIVIL ACTION - LAW : IN CUSTODY David Witman, Defendant : NO. 00- ~LfI(P CIVIL TERM ORDER OF COURT . 11- A-/ AND NOW, this /q day of "". , 2000, upon consideration of the attached complaint, it is hereby directed that the partie?Td their respective counsel appear before, 41- f X !r, 'M1,z4 ' the conciliator, at fk l(f/. r~, Cumberland County Courthouse, on the I{,,+>day of June.... ,2000, at'! :30&, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who is the subject ofthis custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference !hay provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: 6JL~ y (f~ f~. Custody Conciltator I (d) YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ": ~ Ifx~o I/%Otf '1'cJ~. 01) ". " ,.., ."'--<-':" " ,~ nr, ",c.-, ,)'" ;,...rU' j\~ri', L:,j P-1:; j"'" I~. r" dli .U' .)J Al l' "H", GUr\{I:-'.I~I;;: ,:'" /--"'._';, '~, I-r' ',:::.... ''''''-'1 ',,).jUi\l \( t'Ej\jNSYLVANt~ iJd ~ "!~ Z, c:X~ Yl~~&~ {l6'f1j.~~ :#'~~. _ _~,JJ'L,,,--__,"_ ~UIlWl'~' ff!W_~:""'f_"_,iJ1'!IIi!l-lllQ~~~~iI!!ff ~- - - , ,~, " - ";.:,' ", .. ... Julie Witman, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE David J. Witman, Defendant : NO. 00- J4-1 ~ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. - -', ,-, ,,,;. -, '~- .. Julie Witman, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE David J. Witman, Defendant : NO. 00- 'dtf/ ~ CIVIL TERM COMPLAINT FOR DIVORCE AND CUSTODY The plaintiff, Julie Witman, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I. DIVORCE UNDER 23 Pa.C.S. && 330Hc) and 330Hd) OF THE DIVORCE CODE I. Plaintiff is Julie Witman, who currently resides at 59 Smith Road, Gardners, Cumberland County, P A 17324. 2. Defendant is David 1. Witman, who currently resides at 59 Smith Road, Gardners, Cumberland County, PA 17013. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 28,1999, in Hununelstown, PA. 5. Plaintiff and defendant have lived separate and apart since on or about December 15, 1997. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. . r;~, .. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the mamage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges previous paragraphs of this complaint. 10. Plaintiff seeks custody of the following children: Name Present Address Age Heather Witman 59 Smith Road Gardners, PAI7324 1/26/87 Kristina Witman 59 Smith Road Gardners, P A 17324 8/25/91 Ian Witman 59 Smith Road Gardners, P A 17324 6/17/95 The children are presently in the custody of Julie and David Witman, who reside at 59 Smith Road, Gardners, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: Persons Addresses Dates Julie Witman David Witman 59 Smith Road Gardners, P A 17324 I994 - present The mother of the children is Julie Witman, currently residing at 59 Smith Road, Gardners, Pennsylvania. She is currently married to the defendant. : ,,-, - "<0,' , , , . The father of the children is David Witman, currently residing at 59 Smith Road, Gardners, Pennsylvania. He is currently married to the plaintiff. 12. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with the following persons: Name Relationshio David Witman husband Heather Witman daughter Kristina Witman daughter Ian Witman son 13. The relationship of defendant to the child is that off ather. The defendant currently resides with the following persons: Name Relationship Julie Witman wife Heather Witman daughter Kristina Witman daughter Ian Witman son 14. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. '.".; , ' 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; e) Defendant has not indicated to plaintiff an interest in accepting custody of the children. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her custody of the children. Date ~//7Ioo j~a,~ Stacy A. arker Certified Legal Intern ~YL,J-- THOMAS M. PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/243-2968 _oJ_ ,'_ "" ," -~ . ' -, ~' -'-j . .. '. '.. " . VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: 4- /7 -Oc:l ~~(J~ Julie . an "",I..=""""""""...""",~"~..;;, ""~'''-l''lli!lI__il~ll;ilil.Wio!l~I\J!!!G'~,&li:.;;Ml,~l!ile;;,_~I~L.L.: '" "\!!lIlillil,j, ,-,- ,~-, iaIiiiuiiI ",' ""' '"j L" o C-:.:; o G ':"-",. ""0'[;:; QJI),; \~~, y~;; ~ -< '"'~';" ;":""1 'c-"" ,,~ ,- ~';\ en ~ f' ~\ "<" ~ c- (J Q ",- " - ~,~ "'''' -~-, Julie Witman, Plaintiff 1f~1 (!~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ... v. CIVIL ACTION - LAW David Witman, Defendant NO.OO- Ci'-l-llp CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Julie Witman, Plaintiff, to proceed in forma pauperis. I, Stacy Barker, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. ~~,&Juu Certified Legal Intern ~pt,9- ROBERT E. RAINS THOMAS M. PLACE Supervising Attorney DONALD MARRITZ Staff Attorney THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 < '~ , ,--," ,- '" "<' -", .,",: -,~, 0 -. Julie Witman, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW David Witman, Defendant : NO. 00-:)&/.11, CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my fmancial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Julie Witman Address: 59 Smith Road, Gardners, P A 17234 Social Security No.: 200-42-5460 (b) Employment If you are presently employed, state Employer: Messiah College Address: Grantham, P A 17027 Salary or wages per month: $7.60/ hr. Type of work: custodial worker (c) Other income within the past twelve months Business or profession: $0 Other self-employment: $0 Interest: $0 Dividends: $0 Pension artd annuities: $0 Social security benefits: $0 Support payments: $0 Disability payments: $0 Unemployment compensation and supplemental benefits: $0 Workmart's compensation: $0 ~ ~. ,'"" '--c-", 7'; ,C -. Public Assistance: $0 Other: $0 (d) Other contributions to household support Husband Name: David Witman If your husband is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: $0 Contributions from parents: $0 Other contributions: $0 (e) Property owned Cash: $0 Checking account: $0 Savings account: $200 Certificates of deposit: $0 Motor vehicle: leasing a 1999 Satum Lease Payment: $251 Stocks; bonds: $0 Other: $0 (t) Debts and obligations Mortgage: $527 Loans: $0 Cable Television: $30 Phone: $80 Automobile Insurance: $100 Transportation Expenses: $40 (g) Persons dependent upon you for support Children, if any: Name: Age: Heather Witman 13 Kristina Witman 8 Ian Witman 4 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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. -~-~, ;/ l7u 00 Date~ <:" _. 4 -, ~_ c_ ~. ;-,,;.' b" e ',;, ,,' ~'~ t' i::: , ,. , ~ : r f;~: ;:;- ,,' I';: t:' ri I'" [[ ," I' ! ! . < ~-" 1,.....~-tIil!lW~l1IiiiiiIl~~~~!Iiiil-'" ~ "~.~~IIliii_~l!IIliiIl,.. -'..... J.BJ' ~ ",-'. ,_.;.. , .tliiIiliili r} , ~tT L:_ U" ~ ~[:~J .J> c'::", 2' =< ~ . c.} ,," ,-' -'- ~? ,'--,' .~ 57 -< CJI , ~~ I . ~f "U~~ ~f'0'r J:: z: z' VI ~ O. ~'~ it: g:;) ,~ t __1 0-,_, """",," ~ - , ' ," ,"; ,;_ c~ _, ~~, ,,_ :'~' ',L':_"~';;f,_:':~;";;_-" , "-'i JULIE WITMAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN, Defendant : NO. 00-2416 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case. ~m~t Thomas M. Place \ Robert E. Rains Supervising Attorneys Donald Marritz Staff Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff Dated: fn~ ~ 1 ~ I''^'~''"'-" 1~ln~._' ",,-"'~~', , T~I~"""- _~_ ...-_- '''0' ~L.~> "-'~, . '",-. ,~. .-. -\- ,-, ,,~- o c ~~- --oc,'~ ;T1;Tl ~~i~'--, ~i:'"- '----", , , >C~ L- _~..l -< C~ c.::F :::~ }:~ -"t: rV N o -n "Tl ~_.~ -",j,1 "'9 50 :-~:! -'h ~,~3 (jnl -4 S5 -< --0 " , .JJ r.- (..:> ., ,.' ,c,<~~'.,,-,.._>>', - ;-fO," , -"__ C.' ,,- , - . "---,, ,," ;".;,:-;- ,-~- " ' "' ",; JUN 1 2 200~ JULIE WITMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID WITMAN, Defendant NO. 2000 - 2416 CIVIL IN CUSTODY COURT ORDER ~ AND NOW, this 't' day of June, 2000, the Conciliator being advised that the Defendant was unable to be served with the petition and that the Plaintiff wants to withdraw the Custody Complaint, the Conciliator relinquishes jurisdiction. BY THE COURT, o /cc: Dickinson School of Law Family Law Clinic ml-_I'/-OO RKS "'- ""'" "'~ N ~" "', '''i, '0 '~ ,~ "~ ,''', ~.' . ,~ _!J;IIq , .~c " ,,~,,~ ~I~~,,," (') "'-'? () C 0 '11 s:: '- ..l Un: c: 7] n'Jr~-; ;~: Z--;, ",:T1 6jS~ ,~ ~:~ If) -< ~.;::.. :~j9 kG' "'0 )> ~) :z: ,;.;,-\ :JJ zt. :.:..-;.;c) "-c' ,~~) :.5fT1 Pc -, Z ,::::> :'6 -; -< (;1) '"'< -,pltl"-"""!"I!lI. ,--...".:Vi^1 ~~""" ~!II\ " " .~ "~"' . . JULIE M. WITMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN, Defendant : NO. 00-2416 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. - ~-"- ~ ~~ 'c .' JULIE M. WITMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN, Defendant : NO. 00-2416 CIVIL TERM AMENDED COMPLAINT FOR DIVORCE AND CUSTODY The plaintiff, Julie M. Witman, by her attorneys, the Family Law Clinic, sets forth the following cause of action for divorce and custody: COUNT I. DIVORCE UNDER 23 Pa.C.S. ISIS 3301(c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Julie M. Witman, who currently resides at 7 Pine Road #503, Mt. Holly, PA 17065, since September 2001. 2. Defendant is David J. Witman, who currently resides at 59 Smith Road, Gardners, Cumberland County, PA 17324, since September 2001. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 28, 1991, in Hummelstown, PA 5. Plaintiff and defendant have lived separate and apart since on or about December 15, 1997. 6. There have been no pl10r actions of divorce or annulment between the parties. On April 17 , 2000, plaintiff filed the original divorce complaint in this matter. Defendant was never -,,' ~~ _M' ~ -" < "... .' served with the original complaint. Plaintiff has filed this amended complaint because a number of facts have changed since the date of original filing. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marnage. COUNT II. CUSTODY 9. Plaintiff repeats and realleges paragraphs 1 through 8 of this complaint. 10. Plaintiff seeks full physical custody of the following children: Name Present Address Date of Birth Age Heather Rae Witman 7 Pine Road #503 1/26/87 14 Mt. Holly, PA 17065 Kristina Elizabeth Witman 7 Pine Road #503 8/25/91 9 Mt. Holly, PA 17065 Ian David Witman 7 Pine Road #503 6/17/95 5 Mt. Holly, PA 17065 Heather Witman and Kristina Witman were born out of wedlock. Ian Witman was bom in wedlock. The children are presently in the custody of Julie Witman, who resides at 7 Pine Road #503, Mt. Holly, Pennsylvania. During the past five years, the children have resided with the following persons and at the following addresses: - , " ,- "~- ~, - llli' " Persons Addresses Dates Julie Witman David Witman 59 Smith Road Gardners, PA 17324 1994 - January 16,2001 Julie Witman 59 Smith Road Gardners, PA 17324 January 16, 2001 - September 2001 Julie Witman 7 Pine Road #503 Mt. Holly, P A 17065 September 2001- Present The mother of the children is Julie Witman, currently residing at 7 Pine Road #503, Mt. Holly, Pennsylvania. She is married to the defendant. The father of the children is David Witman, currently residing at 59 Smith Road, Gardners, Pennsylvania. He is married to the plaintiff. 12. The relationship of the plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Heather Witman daughter Kristina Witman daughter Ian Witman son 13. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Relationship N/A 14. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this , >- , li!i:, " Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the children; c) Plaintiff is willing to accept custody of the children; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children; 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her shared legal and primary physical custody of the children. COUNT Ill. EOUlT ABLE DISTRIBUTION 17. Plaintiff repeats and realleges paragraphs 1 through 16 of this complaint. 18. Plaintiff and defendant have acquired property during their marriage, including, but not limited to: a) A house and property located at 59 Smith Road, Gardners, P A 17324 b) Cars c) Furniture . ,-. " , . , . ----"', d) Construction equipment and tools 19. Plaintiff and defendant have incurred numerous debts during their marriage. WHEREFORE, Plaintiff requests the Court to enter a decree dividing the property as the parties have agreed in their Marital Settlement Agreement. Date If'.l \) .o{ ~"u zI( R. Brad Balaban Certified Legal Intern ~, "t U- Thomas M. Place Robert E. Rains Ten L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 ':' " ., VERIFICATION I verify that the statements made in the foregoing Amended Complaint for Divorce and Custody are true and correct, to the best of my knowledge, information and belief I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date~1 ~.'.L-U~~ Julie . an ~tili1diltl!lllill";_~"""'''''''"''~~Miti,~Ii;iII:.~_~~j;!,~~[~~<IiI~.lIi/;-iI<tiWllldiiil -., "llllilol!l~ilRliliil!lili!lliltJl!iJl'j " .~ '"j~~ < C) C- :.t? ;f?6'J ';?:'g-l .2r--:::. ~~~ :$:'D 2~' '" -(- j;' _J S; :J , "- "'I I 'I Ii 'I 'I ~ o "" '- :r~ -"- - o '1 ::;:1 "" u:J '"b -,,;. ~ '~1-:O ,~ }~* ,:'::"'\) c51l1 """ ~ -< ~ ,::. 1 _0'__ --IIl.llf' . '. Com~1 al!emS 1:2, and 3. Illso 00,;,pl9ie item 4 if Restricted Delivery is desired. . Print your name and address on ,the reverse so that we can return the card to you. . Attach !his card to the back of the mailpiece. or on the front if space permits'. 1. Article Addressed to: o Agent o Addressee DY.~ o No RE !J .Jxpress Mail' -ff Return Receipt for Merchandise o C.O.D. , -'. :" .;;:~ :.: 9,306 i Receipt 102595-99-M-1789 I Ul I:J ", IT' ..n IT' IT' ::T '~'''-~~~:::::'>-. Postage $ Certified Fee Return Receipt Fee I:[] (EndorsementRequi~d) ..... I:] Restricted Delivery Fee I:] (Endorsement Required) C Total Postage & Fees I:J ~ _~~~idir;:Jfi~~~fdr~o~~~~~~~~~~~__:_" _________m'_ 0- Street" Ap~o:~. or PO Box No. E 'F9st,;:'t;;'p~~17'!/iV~mm ~- '" -,,--,', -'.,"-" I". JULIE WITMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVIDJ. WITMAN, Defendant : NO. 00-2416 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject Rebecca Case to the penalties of 18 Pa. C.S. ~4904 (relating to unsworn falsification to authorities), the undersigned verifies that Rebecca Case mailed a true copy of the Amended Complaint for Divorce and Custody on the Defendant by placing the same in the U. S. Mail, certified no. 70993400001849969305, restricted delivery, return receipt requested, postage prepaid, on the 31st day of January, 2002 addressed as follows: David J. Witman 59 Smith Road Avenue Gardners, PA 17324 Sender's receipt no. 70993400001849969305 is attached hereto and incorporated by reference. On the 4th day of February, 2002, green return receipt no. 70993400001849969305 was delivered to the Family Law Clinic, bearing the signature David J. Witman and showing a date of service of February 2, 2002. The return receipt is attached hereto and incorporated by reference. '~7!~ Rebecca Case Certified Legal Intern F AMIL Y LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 Dated: February 7, 2002 , . ~miflI;ljj~~~~'I~'i'e_lWiiI~Kl!ffi~i\ll\J>I&!iI~1,"'~'~~0!l~~IIIIlIi.~--'=;'- -'-~"~ii:!III!IiB~ ~ " o c V~; n'l::-">'~ 2.....,',.; :z -" 035: ~e; 2: , ~C: :pc; C Z :;:J , . . ., " a (-".) -' \,: '""rJ Pl co I 0:1 T; S~ l...) '-:}~~) ~~'~ u :"":"4 55 -< -D :":1:: ""- .;:-- ( " - ,-. ~-. " p ~) ~ ' roUE M. WITMAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-2416 CIVIL ACTION LAW DAVID J. WITMAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 18, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR1H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , 1 I~r . Nl(' n'} (,!'nFl, 21 ,.;.c.l,,-,, i _> [1" I? ,"" :'n c; ::;2:' C'''' "" UI\/Jt.ic:.;:iL/~; ('I"'il);"'I"-I)1 or~\I!\I"'" ,...1....,'- 1); i t:11J1\;0\,"i \/1'\1\1:;', .....,,;<,--\ JC:;;NJ,;J 3- .;J /. eJ,;L ML~~~a1~ 7?~ ~ z. J::::? ~~~7f-~# 3d! -c/ ;;. "- , ~~. ~",",,.,,.-.!lilMm!~. >'"".~" "l!IR, ~ ','lffl''''''''''",';:'l'tfPm~IlU~I!;l'l"~11fi!~~~!ffi.!H~J!!jli!ll~1 . > @~ MAR 1 :3 2002'y JULIE M. WITMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY ORDF.R OF C.OTTRT AND NOW, this '3"'" day of 1M ~ ,2002, upon consideration of the ... 1..-:""" ~ ~ : " ...; ~ I'^ M~ ~ t) J;CJ. ~ attached Petition for Emt;!gency Relief, P u.;t:;~. =;>> ~~.JtiMie~ ~ it~f:~ L.~bJ ~a.\i"J'fEB. 07\ ':Jo ~.1t1 . ~flW CA. -.I- .....,.~-I . Neither party shall remove any of the subject minor children from the jurisdiction of this ~ Court pending ~r hearing and Order of Court on this matter. The Cumberland County Court Administrator is hereby directed to schedule the ~ ~~ - C~~Q liRlltter for a Custody Conciliation Conference. BY 1. Distribution List: ~ter J. Russo, Esquire Counsel for Defendant/Petitioner ~ Dickinson Family Law Clinic Counsel for Plaintiff/Respondent ? ~~ 03-/'{-O.:z . ~. u - _,~r" ~-~ -- .,~:"'~'-':-'~. -:>" O~ 'HI"> ", 'L lltH\ ,+ 8: i 9 CUIVl8;-'~: L:\",tL'''} n'~\U' 111,11'"'\,1 ...., ---' ,]; ~'v -,I, P. "''''1''''''\/''' "I' Cj-\jI\-::JYL,'}-,J\jP.. "'"~ ~ ~""~tlIR~f~~~ "~,.!f!I\'l!'~~~_,_, ~1!IIIl~_~ " , ". .~ ~" k "" JULIE M. WITMAN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY AND NOW, this day of ,2002, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before the Conciliator, at on the day of , 2002, at _ _.m. for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a Temporary Order. All children age five or older may at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant JULIE M. WITMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY PF.TTTTON FOR RMRRr.RNCV RF,T .TRF and APPOTNTMF.NT OF CONCTT.TATOR AND NOW, comes the Defendant, David 1. Witman, by and through his attorney, Peter J. Russo, Esquire, and respectfully submits the following in support of Defendant's Petition for Emergency Relief: 1.) On April 17,2000, Plaintiff, Julie M. Witman, filed a divorce complaint with a count for custody against the Defendant, David J. Witman. 2.) On or about January 2, 2002, Plaintiff, Julie M. Witman, filed an amended divorce complaint again with a count for custody against the Defendant, David J. Witman. 3.) Defendant was only recently served with the aforementioned divorce and custody complaint. 4.) To date, a custody conciliation conference has not been scheduled. 5.) On Friday, March I, 2002, Kristina Elizabeth Witman, born 8/25/1991, began residing with the Defendant. 6.) On Sunday, March 3, 2002, Ian David Witman, born 6/17/1995, began residing with the Defendant. 7.) On Thursday, March 7, 2002, Heather Rae Witman, born I/26/I987, began residing with the Defendant. 8.) To the best of Defendant's knowledge and belief, Plaintiff is without a permanent residence at this time. 9.) On Monday, March II, 2002, Plaintiff appeared at Defendant's residence and created a disturbance that included a physical assault of the Defendant. 10.) The parties' children were present during this altercation. I I.) During the altercation, Plaintiff stated that she intended to remove the children from their respective schools and re-Iocate them to Reading, Pennsylvania. 12.) All three children have always been enrolled in the Boiling Springs School District. 13.) It is the Petitioner's belief that the children want to remain in the Boiling Springs School District. 14.) Defendant views the threats of the Plaintiff to be real and contrary to the children's mental and physical well-being. 15.) The parties have not been able to further discuss their position with each other and the Court's intervention is required. 16.) Counsel for Defendant has advised Counsel for Plaintiff, The Dickinson Family Law Clinic of the herein petition via telecopier. ,,~ '"~ ,_J I.. V,,-' .-, "_ ' 17.) The Dickinson Family Law Clinic's concurrence was sought and "W!t5/was not obtained. 18.) Accordingly, the best interest and permanent welfare of the minor children will be served by preventing their removal from this jurisdiction pending further hearing and Order of Court on this matter. WHEREFORE, Plaintiff requests this Honorable Court to order that neither party shall remove the subject minor children from the jurisdiction of this Court pending further hearing and Order of Court on this matter. Respectfully submitted, ~--Y Peter 1. Russo Attorney for Defendant ~ Date: Tne<,by, MHTC.h I? ?OO? '. ~;' ~; JULIE M. WITMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION -LAW Defendant DIVORCE and CUSTODY VERIFICATION I, David J. Witman, verifY that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ;:I1;RC~ /.,l. ,-?~ DATE '. ' PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 5010 East Trindle Road, Suite 200 Mechanicsburg, P A 17050 (717) 591-1755 Attorney for Defendant JULIE M. WITMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Peter Russo, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Via Telecopier: The Dickinson Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-3639 - Fax Number (~~~~ Peter 1. Russo Date: Tm,.,iHy. MHrch 1? ?OO? IliiiIltllill~ibi~~~~..iiliim"""'~~""-~~j:i'llii>illI~\tI!i.~1ilJlI ,- ,,,,,,~..,;"..- --=- ~ ~~ ~1 ~_ ~" . ~~ , 0-- = "1-'1 ,~ '.". ""'-"=" '......... ~ 0 0 C) C f\.) :- <- --" f ""Ofrj - ~ JF -", "' rrr f': ;".J ~S~~ ~ G.o )..> 7'U ~E~~i ..., f ~ ..:s;:C~ (' -C:, 52 N :2:: ~ , ::;J :::> ~G r , r'~ -< "'"' - , .' , ,~ - ,",,"'"',' _,L, ',"~'__ L:;~ JULIE WITMAN Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN Defendant : NO. 00-2416 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, hereby certify that on this 19th day of July, 2002, I am serving a true and correct copy of the PETITION FOR RULE TO SHOW CAUSE FOR LEAVE TO WITHDRAW, by First Class Mail, on the following persons: Ms. Julie Witman P.O. Box 234 Grantham, PA 17027 Mr. Peter Russo, Esq. 3800 Market Street Camp Hill, PA 17011 Julv 19. 2002 Date FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 "",.'w',"' ,....";,,,,;c',;.; '" ,," ""I", -- ",,' ,~~ ^--,~,~~~"," ,..,"^'" ..".1"" fill ... ,,.~'C"~~W~",~,,'~',_,,w, "", .. . " --. ~ " ., "' 2 s: -OeD rnf!, Z:::r:i zc~- en",,::,: ~t,',: }~c' --.-( ) ');.~ r- . ;z =~ .-. ~ H. Cl N '- ~ o -11 .-, .,- ;011;'::: --,OJ r:D ,.:1':;:' ~3Qi I) :!J ~.:~~ ~ )> ~ '.0 "'V ::;,;: 1'0 :.n (J1 "",- , -" - ,- L _ _ '~, , ~ JUl 2 3 2002 \l JULIE WITMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID 1. WITMAN Defendant : NO. 00-2416 CIVIL TERM ORDER AND NOW, this :it, ~ay of 1.1--:' J "- ,~ , upon consideration of the foregoing petition, it is hereby ordered that (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within twenty days of service upon the respondent; (3) the petition shall be decided under Pa.R.c.P. No. 206.7; J .~. ".,.. ~ - . h (4) depositions shall e completed within ~ days of this date; c..I et~ I,{ h ~ . J '.~ '!;:;t:; ....,.-;~ 1",~ (5) argument shall be"' Il. . ~ in ('0 "fthe 0 /1 tJ · CL>>Hb,,~L.LLd GOlHi1l5 O...."~lhv~, a.ud (6)~tice of the entry of this order shall be provided to all J. . cl1J- Lr:OIT~X5 (:0 : ~o...IT\; \) lCl.W ,. PLff /~ R.usso ~ ; " ~- , "" "'"" .. ~"'"' '~, "." "'""" r-___ '<"'""-,_,, -~I_~,Y'!'S1':",,-~') """"'~"-" .. -.,' ^ '. -<~ - " " 'I' OF '; 02 JUL 2 G ,~;--:t \0: r;L1 CUI"I";';>:.' ;"" r 1\: ':' rr" i '...JLi ,Lr \, _'.. '-,,"--,,"),\11 PE~~NSYL'vN{!-\ ,",""" ,,,""!;i.:t--" ~'lI",,, """. "t" _,___-_ __, 1.1",,," ",'"" , , ~.-. -,-",'- ,- cO" - "0 _ ",',-~_' "_., -: :"",'+",,~ . ;--._'C ''-' _ -""0': _ ;d."~""'__ ~:;o.^-, ~ , _ e'l J . JULIE WITMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN Defendant : NO. 00-2416 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for a rule to show cause for leave to withdraw from further representation of Julie Witman, pursuant to Pennsylvania Rule of Professional Conduct 1.l6(b)(6), and Pa.R.C.P. 1012, and in support therefore avers the following: 1. The Family Law Clinic began its representation of Ms. Whitman in April, 2000, upon the entry of an IFP petition and the filing of a Divorce and Custody Complaint. 2. In March of2002, Ms. Witman relinquished custody of her three children to the children's father. Mr. and Ms. Witman have been separated and were initiating divorce proceedings. 3. The Family Law Clinic agreed to help Ms. Witman regain custody ofthe children contingent upon her fmding a residence. 4. The Family Law Clinic attended an emergency custody hearing on March 20, 2002, a custody conciliation which Ms. Witman did not attend on April 23, 2002 and a custody conciliation which Ms. Witman did attend on June 14,2002. 5. As disputes have arisen between counsel and client, counsel has informed client we would have to withdraw if she did not abide by our advice. -' "" ~.;;'\ -~"^- ~ ,- < " ", , -- ,-'-",vw-"""",~-; '-',i:,-',:, , , 6. Since the June 14th custody conciliation, irreconcilable differences have arisen between the Family Law Clinic and Ms. Witman which have made further representation of her unreasonably difficult. WHEREFORE, the Family Law Clinic requests a rule to show cause for leave to withdraw as counsel for Ms. Witman in this matter. Respectfully Submitted, Date:-'}~ (~) 200L / '1/11 f11~ Megan~ Certified Legal Intern Jt::,~r0J--I'- ROBER . RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 II'-"~. 1i~1ii{ ", ~~liIiWIRiillIlilft~~~ '-..k-f ~~ '" ~",~-,~-~ .. 'AI .. ",,~ .:' , .. ~" o c: ? -rJ I"";:'~ rn -~'~_.' .~//:. (/5> ' ~~<: .::-,. fi~?' "> $ - :n C- . C') t\,) r=::c:- ,~ o --r, :~-j '--:i;:! :-,,"71 "~!O . ) ! _'-:J() ,_r-I", ,"j.:!] :>C) (Si'n .-; ~.'::>- ::0 -< 'D ::0 7" ~ f';;:1 -.'---,. "".- -<<.- '--'--' .'",- ,'=,:..,.;';, -" - ~- i . , AUG 2 1 2002 C JULIE WITMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID J. WITMAN Defendant : NO. 00-2416 CIVIL TERM ORDER OF COURT AND NOW, this >>,J. day of ~ 2002, a Rule to Show Cause having been issued and no response having been filed, it is hereby Ordered that Petitioner's Petition for Leave to Withdraw is granted. The Family Law Clinic is granted permissio 0 withdraw as counsel for the Plaintiff in the above referenced case. Edward E. Guido, J. tcrpim ~ g -.23 -0 tt fl.)(S RJ\S '" " >. '.. , ...~.. "', I.." , '", , ,,'-,,7- A.. .~~".,",., ,....." '-'"1 .. . 91 \:rc~"II:FI('t: j'!',j,...c".J 'oJ , vt-:" 0:: 1"\.I'r: pr1[F\."'~ICl"ARY I 'I ... _ " _,t ,U.~,-,'l. 02 hUG 22 PM 2: S-! CUMBERLAND COUN1Y PENNSYLVANIA ~-~~1"~"""_ ',> !III!JI!!I'Ilr m..,.HII!ll1!!! ,,- "c ~ , _ e,," ~ -,;' yJ.' ,,-. , _ -"".d , JULIE WITMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN DNORCE DAVID 1. WITMAN Defendant : NO. 00-2416 CNIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, the Family Law Clinic, and files this Petition to Make the Rule, issued on July 26, 2002, Absolute and states as follows: 1. On July 19,2002, the Family Law Clinic filed a Petition for Rule to Show Cause for Leave to Withdraw from representation of Plaintiff, Julie Witman. 2. On July 26, 2002, the Honorable Edward E. Guido issued a Rule upon Julie Witman directing her to show cause why the Petition to Withdraw should not be granted. 3. Twenty (20) days have passed and no response to the Rule has been filed by Julie Witman. Date 1~ 20 2~2 M~ /!Uk Certified Legal Intern ~~/L THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt St. Carlisle, PA 17013 717-243-2968 r, 7__"^ , ~,.._~~ """-0 -.-, -~-~. i.'_ .:",'___<,_ _, , "'I .., JULIE WITMAN Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : IN DIVORCE DAVID J. WITMAN Defendant : NO. 00-2416 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the Petition to Make Rule Absolute by depositing a copy of the same in the United States Mail, postage prepaid on the following persons: Julie Witman 209 Meals Drive Carlisle, PA 17013 Mr. Peter Russo, Esq. 3800 Market Street Camp Hill, PA 17011 Date: II-r2~2fJ1J2- M~~ Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 j' ':: . ~.~u:...; ~"'~ii.~i...i'~-"'~-"''"-'.IiIiII!ii~.iMlOO!l'-- 0"~" ~"'[ '" ".'~"". 'JlJI. '.'b_ '," 2 ~ :-0 OJ !Pf.[) <:r'" 9J:},: f2CJ ;;: ('J -0 ~r< :::: :J>~ =<! ;::, OJ ".' ~ J:lo &5 "-> o fi1 l:"- ::::1 nl :JJ r-' 7"in-, -";i: 6 :-:::i .J ,J: r--i CJ :ti ?O drn ~ "" , ,,~ " '^ ^> '; n, " "",__ - """_''-'-__c,~." ,- - ~;- "._':. ':l''- - ,- ~: ft" 1-"1 <ti ,''fi A~2 2002 JULIE M. WITMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID J. WITMAN, Defendant : NO. 00 - 2416 CIVIL : IN CUSTODY COURT ORDER AND NOW, this ~,,,, day of April, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall meet again for another custody conciliation conference on Friday, June 14, 2002 at 8:30 a.m. In the event the parties reach a pennanent order on custody prior to this custody conciliation conference, counsel for the parties may contact the conciliator to have this conciliation conference cancelled. 2. Pending further Order of this Court, the following temporary custody order is entered: A. The Mother, Julie M. Witman, and the Father, David J. Witman, shall enjoy shared legal custody of Heather Rae Witman, born January 26, 1987; Christina Elizabeth Witman, born August 25, 1991; and Ian David Witman, born June 17, 1995. B. The Father shall enjoy primary physical custody of the minor children. C. The Mother shall enjoy periods of temporary physical custody as follows: i. On alternating weekends from 4:30 p.m. on Friday until Sunday at 7:30 p.m. Pick up and delivery of the children shall occur across the street from Father's current residence at the corner of Father's street and a private dirt road. n. At such other times as agreed upon by the parties. 3. Both parties shall be entitled to reasonable telephone contact with the minor children when they are in the other parent's custody. ,. , .' , . '. "" '~ ,-,-' '- '.-, -- ..'" ',.-,-' ,""~., ...._ ,,,,,,,,-',- '.-_'-c",,~ .--'" '~,.' ~,---"", ",; ',',' -'~-,:i.-,,_ ;,"~;';.. _, '~---" <>j '" '"'" 4. The parties shall keep each other advised with respect to current addresses and phone numbers. 5. The parties shall notify each other with respect to all medical situations concerning the children when the children ate in that parent's custody. 6. Neither parent may do anything which may estrange the children from the other party, or injure the opinion of the children as to the other parent or which may hamper the free and uatural development of the children's love and respect for the other parent. 7. This is a temporary order based upon the Mother's agreement subject to the understanding that Mother currently does not have a residence and she is seeking a permanent residence. The Mother reserves the right to seek primary custody or more expanded temporary custody at future proceedings in this case. 8. If there are any incidents which require immediate attention prior to the scheduled custody conciliation conference, legal counsel for the parties may again contact the conciliator to conduct a telephone conference call conciliation. BY J. Edward E. Guido cc: A. Russo, Esquire ~ L. Case Dickinson School of Law Family Law Clinic "] . L crp-I 0 l'> O~ - 23~O2. ", ...., ~-'- ~ ~,~, " ;-'1 !-I- ;~;,~~,~,J'~-'~-~:8i"~JT/\,RY uc:: r~~):1 2 ~i F{'~l 1: 10 ~ " q' .,' ;"',cU' I"rl/ I I I r\ ,j'-..... ,.{ '-,""~ i ; " I! 1'1 'o-/\.n',._',,,. '1,1 ',,"", ..........- PcJ1Ni;YLVANIA n IT ~ _,~,~ __""~~ ~-~. ~~/!;""I ~~....., .."."...,.,! - "~ ~,' , ~ ' ^,', ~_"'" .',- ;._-"o.d,,;C'_'.L," ",,, ~--'-'-"--"o-,'-"''-;,-a;:Vd-'''_'~''~~'-'',",''"_'' ,.", "'J " '" JULIE M. WITMAN, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNT~PENNSYLVANIA CIVIL ACTION - LAW DAVIDJ. WITMAN, Defendant : NO. 00 - 2416 CIVIL : IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CML RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Heather Rae Witman, born January 26, 1987; Christiua Elizabeth Witman, born August 25, 1991; and Ian David Witman, born June 17, 1995. 2. A Conciliation Conference was held on April 18, 2002, with the following individuals iu attendance: Attorney Peter J. Russo, Esquire who represented the Father; and Rebecca L. Case of the Dickinson School of Law Family Law Clinic as student attorney for the Mother. The parties did not appear. 3. The parties have reached an agreement on ninety-percent of the issues for a temporary order, with the conciliator exercising his discretion on some matters relating to pick up times and location. Since this is simply a temporary order, the conciliator felt it was appropriate to resolve disputes on pick up times and location rather than referring it for a hearing on those issues. The parties will be meeting again for a second custody conciliation conference in June. 4. The conciliator recommends the entry of an order in the form as attached. if!;. 1(C1~ DTE Hubert X. Gilroy, E Custody Conciliato " " ~~- - ~ 'r.' ""',,,.,--"'0'--.0_"'" ---- """,' JULIE M. WITMAN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID J. WITMAN, Defendant/Petitioner 00-2416 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of March, 2002, upon consideration of the Petition for Emergency Relief, it is ordered and directed that the children shall not change schools nor move their residence from Cumberland County without further order of this Court. By the Court, Edward E. Gu~do, J. Megan Malone, CLI Lucy Johnston-Walsh, Esquire For the Plaintiff/Respondent Peter J. Russo, Esquire For the Defendant/Petitioner ~~ 3. ;) J ,o:v Q 1t ." - w ~ .,,,,~",' ~ , . Co ' <", ' --"I '"" 1")',1 -"". [1;;"j 11:, td'_ .,". -, ~Ui\l-.'-'''.'''" i ,_ ; .' (",' '.\i"T\I '-'.--' ',..' '. '".' '>.J'_,' ~), \; I iJf:r\F\:('>\/i ill ~ Ii: " J..,.. ~, ()J!..J\:\:it~ ..".."._"~~L"'l1$~'~ ..,~~~\II_~ ~," ..--- ,~~~ .... ' . . ~ , , .. , JULIE M. WITMAN il C C '__J @~ '"' MAR 1 3"2002~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY ORDRR OF COllRT AND NOW, this ,3t1\ day of M ~ ,2002, upon consideration ofthe ... ~ . ~ .....; ~~M....R ~t)JtXJ.~ attached Petition for Emergency Relief, P .Mil" .:; 1.:t ;'!~~f in h~ ~1 J f;;)l. \NT.eB. oJ\t:~o"'.M.~CRf~. Neither party shall remove any of the subject minor children from the jurisdiction of this ~ Court pending fm4er hearing and Order of Court on this matter. . The Cumberland County Court Administrator is hereby directed to schedule the ~ ~~ - C~@Q matter for a Custody Conciliation Conference. BY Distribution List: Peter J. Russo, Esquire Counsel for Defendant/Petitioner The Dickinson Family Law Clinic Counsel for PlaintiffJRespondent J. , II~ - ,,- ~"' fT._~~~ , "~ F1L.ED-OfFlCE c;- r iC: :.::I":~--~,n\1',)TARY 0.' · I'" I" ;",'l"~" 8' '. I q ,;!: 1'1.~_-I" ,~; t' .. - C'" '-,' ,'" '''''1 "'T'( \Ji~1b:::-iLJ\:".U ljJuN PENI\JSYLVANIA ~ ' o. ~~"''''''''''''''''''_ .".-~f!;"~r;I'B''l'!'vm'?J'Y''''''fR<m~~~~'Il!!,- ""_''"~~__"!",,''!lJIl~'MJ~ ~ - J~, ,'"," < *Tx Result Report* No. " PRINT DATE MAR. 13. 2002 PRINT TIME ~ 16,59 FUNCTION No. DESTINATION STATION DATE TIME PAGE COMM. TIME MODE RESULT TX 1 92433639 MAR. I 3 16,58 1 OHOO' 38" STD ECM OK TX RESULT REPORT . , c ~ ~ " ,':" '''^ c . '. .' " c ---, -" '."__-,;';-"~..ip .'t .' ~'.'",.' " "" ~ .. ., , .. Julie M. Witman, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE David J. Witman, Defendant 1ltJ-.<</)(, : NO. 02- CIVIL TERM INVENTORY OF JULIE WITMAN Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years pursuant to Pennsylvania Rules of Civil Procedure 1920.33 (a). Plaintiff verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date3- tJS-Oa- ~~ Julie i , -. '" . ., ,,-'-"~ ,-~ --",,- " ,-;,..,. ..--__ '''-;''~''^-. "z"_' -_, .!"-_-_-,, , ASSETS OF PARTIES marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) (x) () () () () () () () () () () () () () () () () () () () () () () (x) I. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities II. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, workman's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20.Disability payments 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other () - ,~ <, , '" ,c. ,-;", -" ~ .' , '-",,, ',.". ,,:J-n' ,~_,":,;-,,_, '" "\. .. MARITAL PROPERTY (Plaintift)(Defendartt) lists all marital property in which either or both spouses have a legal or equitable interest individually or with arty other person as of the date this action was commenced: Item Description Names of Number of ProDertv All Owners 2 Ford Pickup Truck David Witman 25 Tools David Witman 25 2 Bunk Bed Mattresses Julie Witman NON-MARITAL PROPERTY (Plaintift)(Defendartt) lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of ProDertv Reason for Exclusion 25 1 Box Spring and Mattress Set Julie purchased the set after date of separation PROPERTY TRANSFERRED Item Number Description Date of of ProDertv Transfer Person to Cousideration Whom Transferred 1 House and property Nov.lDec. located at 59 Smith 2001 Road, Gardners, P A 17324 $2000 Lump Payment David Witman $4000 in payments of $50 a week LIABILITIES 2 Description of ProDertv Car loart on on'99 Saturn ($5000) Names of All Creditors Names of All Debtors Item Number Julie Witmart Plaintiff reserves the right to correct and/or supplement this inventory to the extent that she acquires additional information regarding assets and/or liabilities~ I~l'"-"_ ,'" ~ -~~ "" _0 _ ~~, _. ."~ , _ ,', '~'i1lllllillil@l"iliiilblimr'-lI" ".~ "~, . .""", o C..=- ~~ 0'J.}> ~f:'~ 1> ,"_ ~;:>- '- -' j;:~; ~ v.-' ~""-"-' 0'"\ c) r'..J :~ ";:''1 ;;.tJ i".) 0'\ Ci j"",~ .-\ ,. y .. () ':"n '-" '--' .~~: :':'1:1 ~.< I!n -,I ".. " _ '" :...~~'- O'~ '= .1<<;'; .' >~'-i,j :i 'I j i I "' " Ii JULIE M. WITMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2416 CIVIL TERM v. DAVID J. WITMAN CIVIL ACTION - LAW Defendant DIVORCE and CUSTODY ORDER OF COTTRT AND NOW, this day of , 2002, upon consideration of the attached Petition for Emergency Relief, Petitioner's requested relief is hereby GRANTED. Neither party shall remove any of the subject minor children from the jurisdiction of this Court pending further hearing and Order of Court on this matter. The Cumberland County Court Adniinistrator is hereby directed to schedule the above- captioned matter for a Custody Conciliation Conference. BY THE COURT, J. Distribution List: Peter J. Russo, Esquire Counsel for Defendant/Petitioner The Dickinson Family Law Clinic Counsel for PlaintifflRespondent J" - ,<<,' JULIE WITMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY DAVID J. WITMAN, Defendant NO.00-2416 CIVIL TERM CONSENT AND APPROVAL FOR APPEARANCE UNDER Pa.B.A.R. 322 I hereby consent to the appearance of Megan Malone, a Certified Legal Intern under the supervision of an attorney, in the above-entitled custody proceeding before Judge Edward E. Guido at 8:30 a.m. on March 20, 2002. Date 2,-2).o-o&.- ~l. QA~~ Julie- W 'tman As the supervising attorney for Megan Malone, certified under Pa.B.A.R. 322, I approve of her appearance on behalf of the above-named client in the above-named proceeding. ~~~~ ROBERT . RAINS LUCY JOHNSTON-WALSH Supervising Attorney Staff Attorney Date - 3-;)e..>-O~ FAMILY LAW CLINIC 45 North pitt Street Carlisle, PA 17013 717-243-2968 " "",c, "" H '""l-",'_ '- - "r '"" "';-"0"- -,,,. '""'~" - '~, ~,i' "" JUNfu02 JULIE M. WITMAN, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID J. WITMAN, Defendant NO. 00 - 2416 CIVIL IN CUSTODY COURT ORDER 'j 'J I'~ :! Ii ,,1 i fl II i " i~ ~ m I s " :'1 ;,1 !~ ;:i '1 I ! 11 1~ ;;1 m ~I ,I ~j I ! i i AND NOW, this ~ day of , 2002, upon consideration of the attached Custody Conciliation Repo , it I ordered and directed that this court's prior order of April 23, 2002 is vacated and the following custody order is entered: 1. The Mother, Julie M. Witman, and the Father, David J. Witman, shall enjoy shared legal cnstody of Heather Rae Witman, born January 26, 1987; Christina Elizabeth Witman, born August 25, 1991; and Ian David Witman, born June 17, 1995. 2. Physical custody for Christina and Ian shall be shared between the parties with the parents alternating custody on a week on/week off basis. The exchange of custody shall be on Friday evening at 4:30 p.m. unless agreed otherwise by the parties. 3. Mother shall eIijoy primary physical cnstody of Heather, with Father enjoying periods of temporary physical cnstody with Heather at such times as agreed upon by the parties. 4. Pick up and delivery of the children shall occur across the street from Father's current residence at the comer of Father's street and a private dirt road. 5. Both parties shall be entitled to reasonable telephone contact with the minor children when they are in the other parent's custody. 6. The parties shall keep each other advised with respect to current addresses and phone numbers and the parties shall notify each other with respect to all medical situations concerning the children when the children are in that parent's cnstody. - cc: , _. .,," H'-"'_ _" . <",,,' " c_ _ ,,_~_ edt''''''- c ,,~" -- '-,,,,: " ~ '. ;1 7. \1 i' 'I I 1 1 ~ ~ " '1 11 ~ fj ! @! ~ ~ [1 :1 y \1 Neither parent may do anything which may estrange the children from the other parent or injnre the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love and respect for the other parent. 8. Pursuant to an agreement of the parties, the parties agree that the Federal Income Tax Exemption for Christina and Ian shall be alternated on III yearly basis with Father being able to claim those two minor children as dependents for 2002. Mother shall claim the children for 2003, with the parties alternating thereafter. The parties will execute all necessary documentation as required by the IRS in connection with this issue. 9. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the custody conciliator for a conciliation conference. i'! ;-1 H J. " [4 'j n 'I ;i )1 Edward E. Guido Peter J. Russo, Esquire Megan Malone Dickinson School of Law Family Law Clinic . ~ 1.o:<-.o.v ~ 9---- ;I _"~~ r , """~ ,J ~~.~-"' ,,-" ~ =- ~" w~, '^~ "_ RL~[}"Di:rX::E OF ::;~'_~~i ;~ir;r-'-JOTARY 02 JUL .- 1 ftH o. ':Ie; l"H I u. 1:.... C. .,...." " , ~',". li'T'1 UiV!0.:::nIJ' ,),..A; \j Ii PENNSYLVANIA ,~ '"' ,"""""'I~~~ - JJItN:lfIfl '"" . c. ".'0. ~l " ~, ,"~ '~ __" '" dV"_"< ~," ,- ~ JULIE M. WITMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID J. WITMAN, Defendant NO. 00 - 2416 CIVIL IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT il n tJ IN ACCORDANCE WIm THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the foUowing report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as foUows: Heather Rae Witman, born January 26, 1987; Christina Elizabeth Witman, born August 25, 1991; and Ian David Witman, born June 17, 1995. I' I': I I, I: L i: 2. A Conciliation Confereuce was held on June 14, 2002, with the foUowing individuals in attendance: The Father, David J. Witman, with his counsel, Peter J. Russo, Esquire; and the Mother, Julie M. Witman, with her student attorney, Megan Malone, of the Dickinson School of Law Family Law Clinic. 3. The parties agree to the entry of an order in the form as attached. G. -.;;28-" 0.2. DATE Hub~~ . Gilroy, E Custody Conciliator