HomeMy WebLinkAbout99-06690P
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THOMAS L. WITMAN, SR.,
Plaintiff
V.
LEEANN WITMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-bVl' CIVIL TERM
CIVIL ACTION - LAW
CUSTODY
CUSTODY ORDER
YY11 tF
AND NOW, this ?t! day of kl &-A. T 1999, upon
consideration of the parties' Consent Agreement, the following
Order is entered with regard to custody of the parties' child,
Thomas L. Witman, Jr., d.o.b. January 20, 1992:
1. Plaintiff, Thomas L. Witman, Sr., hereinafter referred
to as the father, and Defendant, Leeann Witman, hereinafter
referred to as the mother, shall share legal custody of the
child.
2. The mother and father have agreed that the child shall
reside with the maternal grandparents until the mother's release
from prison. Upon the mother's release, the mother shall have
primary physical custody of the child.
3. The father shall have partial custody of the child
according to the following schedule:
a.) The father shall have partial custody one weekend
each month from Friday at 6:00 p.m, until Sunday
at 6:00 p.m. during the school term and until 9:00
p.m. in the summer.
b.) The father shall have partial custody one
additional Sunday each month from 12:00 p.m.
until 6:00 p.m. during the school term and until
9:00 p.m. in the summer. In the event that a
month contains five Sundays, the father
shall have partial custody for the same time
period on one additional Sunday.
c.) The father shall have partial custody at other
times agreed upon by the mother and the
4. The mother and the father shall alternate periods of
custody on Christmas Day and Christmas Eve each year according to Xi
the following schedule: yt.
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a.) In years ending with an odd number, the mother
shall hava the child from 3:00 n.m. or:
Eve until Christmas Day at 3:00 p.m. and the
father shall have the child from 3:00 p.m. on
Christmas Day until 3:00 p.m. on December 26.
b.) In years ending with an even number, the father
shall have the child from 3:00 p.m. on Christmas
Eve until Christmas Day at 3:00 p.m. and the
mother shall have the child from 3:00 p.m. on
Christmas Day until 3:00 p.m. on December 26.
5. The mother and the father shall share periods of
custody on Thanksgiving Day each year as follows: theafather
shall have the child from 11:00 a.m. until 4:00 p.
mother shall have the children from 4:00 P.M. until 9:00 p.m.
6. The mother and the father shall share periods of
custody on Easter each year as follows: the mother shall have the
child from 8:00 a.m. until 12:00 p.m. and the father shall have
the child from 12:00 p.m. until 4:00 p.m.
7. The mother and the father shall alternate custody for
the following holidays: New Year's Day, Memorial Day, 4th of
July, and Labor Day. The alternation will begin with the father
having the child on New Year's Day.
8. The father shall have liberal summer contact with the
child, including liberal vacation time, with the consent of both
parents. The parties agree that the father may petition the
court for a specific schedule if such contact is denied.
9. The mother and father agree that Jennifer Lowe, d.o.b.
October 20, 1986, may spend time with the plaintiff upon her
request.
J-0. Neither the mother nor the father shall drink to
use illegal drugs, or expose the child to such
people while excess,
the child is in , conduct by other
their custody.
11. The mother and father, by mutual agreement,
from this schedule at any time, but the Order shall
effect until may vary
further order of court. remain in
12. The mother and father agree th= each sh
other immediately of medical emergenci the
dli 'le
es which arise while the
child other iofs all that parents care. Each parent will notif
medical care the child receives y the
Parent's care. while in that
i
13. The parties realize that their child's
paramount to any differences they might
well
Therefore, being is
they agree that neither have between themselves.
may estrange the child
opinion from the otherrtY shall do anythin
of the child as to parent, or injure the which
the free and natural develothe other parent or which ma
for the other Pment of the child Is Y hamper
parent. sloy'e or respect
BY the
Cour
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/V
Ju ge
If entered pursuant
to the consent of
p Plaintiff and Defendant.
Thomas L. Witman
Sr.,Plaintiff
Leann Witman, Defendant
;Joan Carey /
Attorney for Plaintiff
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T[ IONIAS L. WITNIAN. SR..
Plaintiff
VS.
LEEANN WITi\IAN.
Defendant
IN'I'I II: COIJR"I' Ol: CONINION PLEAS OI'
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- V qO CIVIL TERM
CUSTODY
CONIPLAINI' FOR CUSTODY
1. The plaintiff is Thomas L. Witman. Sr., residing at 4631 Londonderry Road,
Harrisburg. Dauphin County. Pennsylvania.
2. The defendant is LeeAnn Witman. who is currently incarcerated at the Schuylkill
County Prison at Second and Sanderson Streets. Pottsville. Pennsylvania .
3. The plaintilTsceks partial custody of the following child:
Namc present Residence AAL,,e
Thomas L. Wiunan, Jr. 1416 Carlisle Road. Cantp Ilill. PA 7 Years
The child was born out of wedlock.
The child is presently in the temporary custody of the maternal grandparents, Kenneth and
Janct Sweitzer, who reside at 1416 Carlisle Road. Camp Hill. Pennsylvania.
Durine the child's lifetime. he has resided with the following persons and at the following
addresses:
Name Address Date
Thomas Witman: Dauphin Street 1992-1993
LecAnn Wiunan, and Enola. PA
Jennifer Lowe. defendant's daughter
Thomas Witman; 1416 Carlisle Road
LecAnn Witman, and Camp Mill, PA
Kenneth Sweitzer and
Janet Sweirr_er, maternal grandparents
Thomas Witman and
LecAnn Witman
8959 Somerset St. Apt. B
Ilummnielstown, PA
LecAnn Witman,
LecAnn Witman,
LecAnn Witman.
Liverpool. PA
3 Fritz Reed Ave.
Schuylkill Haven, PA
P.O. Box 1295
Pottsville, PA
1993-1994
1994
1995
1996-1997
1997-1998
Kenneth Sweitzer; 1416 Carlisle Road 1998-Present
Janet Sweitzer, and Camp Hill, PA
Jennifer Lowe,
The father of the child is Thomas L. Witman, Sr., currently residing at 4621 Londonderry
Road, Harrisburg, Pennsylvania.
He is not married.
The mother of the child is LeeAnn Witman, currently incarcerated at Schuylkill County
Prison at Second and Sanderson Streets, Pottsville, Pennsylvania.
She is not married.
4. The relationship of plaintiff to the child is that of the father.
5. The relationship of defendant to the child is that of the mother.
6. The plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
7. The plaintiff has no information ofa custody proceeding concerning the child pending
in a court of this Commonwealth.
8. The child is presently living with the maternal grandparents, Kenneth and Janet
Sweitzer, by agreement of the mother who is currently incarcerated.
9. The best interest and pernianent welfare of the child will be served by granting the
relief requested for reasons including the fact that it is in the child's best interest to maintain his
relationship with his father through regularly scheduled periods of partial custody.
10. Each parent whose parental rights to the child have not been terminated have been
named as parties to this action.
WI-IERFPORE, the plaintiff requests that this Court return partial physical custody of the
child to him.
Respectfully submitted,
Joan Carey /
Attorney for PlaintiIT
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
m
VERIFICATION
I verify That I am Elie Petitioner as designated in the present action and that the facts and
statements contained in the above Complaint are true and correct to the best of my knowledge. I
understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating
to unswom falsification to authorities.
Dated: //-CI-%%
Thomas L. Witman, Sr., Plaintiff
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IN THE COURTOF COMMON PLEAS OF
TI10N-IAS L. WITMAN. SR..
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
NO.99-6 CIVILTERM
LEEANN WITMAN,
Defendant
PRAECIPE'1'0 PROCEED IN FORMA PAUPERIS
To the Prothonotary:
Kindly allow, Thomas L. Witman. Plaintiff, to proceed in forma ap uneris.
I. Joan Carey, attorney for the party proceeding in forma ap uneris, certify that I believe
the party is unable to pay the costs and that I am providing free legal services to the party. 'fhe
party's affidavit showing inability to pay the costs of litigation is attached hereto.
i
Joan Carey /
Attorney for
LEGAL SERVICES. INC.
8 Irvine Row
Carlisle. PA 17013
(717)243-9400
THOMAS L. WITMAN, SR..
Plaintiff
LEEANN WITMAN,
Defendant
IN THE COURT OP COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my financial condition am unable
to pay the fees and costs of prosecuting, defending, or appealing 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. 1 represent that the information below relating to my ability to pay the fees and costs is
true and correct.
(a) Name: Thomas L. Witman. Sr.
Address: 4621 Londonderry Road
Harrisburg, PA 17109
Social Security Number: 202-46-6653
(b) If you are presently employed, state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state:
Address: N/A
Date of last employment: 1994
Salary or wages per month: 5600/month
Type of work: Food Service
(c) Other income within the past twelve months
Business or profession: N/A
Other self-employment: N/A
Interest: N/A
Dividends: N/A
Pension and annuities: N/A
Social Security benefits: N/A
Support payments: N/A
Disability payments: N/A
Unemployment compensa tion and
supplemental benefits: N/A
Worker's compensation: N/A
Public Assistance: N/A
Other: N/A
(d) Other contributions to househ old support
(Wife)(1-lusband) Name: N/A
If your (husband) (wife) is employed. state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: N/A
(e) Property owned
Cash: $1.00
Checking Account: N/A
Savings Account: N/A
Certificates of Deposit: N/A
Real Estate (including home): N/A
Motor vehicle: Make N/A Year N/A Cost N/A Amount owed N/A
Stocks; bonds: N/A
Other: N/A
(f) Debts and obligations
Mortgage: N/A
Rent:. $50 / Wcek} Plaintiff lives with mother.
Plaintiff currently has no income mother is
keenine record of amount owed
Loans:_$2000 personal loan
Monthly Expenses*:f$801 medicine: {$1501 food: {$1301 fines and costs from
prior cases. {$501 personal expenses; 1$5001 clothing:{ 72/
week back child support
*Plaintiff currently has no income and is being supported by
his mother. Plaintiffs mother is keening a record of the
amount Plaintiffowes her.
(g) Persons dependent upon you for support
(Wife) (I lusband) Name: N/A
Children, if any: (Plaintiff contests support obligations)
Name: Jennil'er Lowe Age: I I
Thomas L. Woman, JR. 7
4. 1 understand that 1 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. 1 verify that the statements made in this affidavit are true and correct. 1 understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to
unswor falsification to authorities.
Date: - /-9 ?/v Yrvra - LL'( Z; ? --1L
Thomas L. Witman, Sr.,
Plaintiff
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