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HomeMy WebLinkAbout10-0295P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff FID-OFFICE OF I}-{--1T, 241D JAt? 1 PM 12: 10 GINA WITMER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO: 10 - a95 Civ, t SCOTT WITMER, Defendant. : 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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 00 P p ATW Carlisle, PA 17013 ?e? -Pp (717) 249-3166 107 / 6q q8 ut a 3(0 081 Z10 0 8a P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff GINA WITMER, Plaintiff, V. SCOTT WITMER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ?D Zys N..( CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Gina Witmer, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Complaint in Divorce: 1. The Plaintiff, Gina Witmer, is an adult individual currently residing at 2102 Foxf re Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Scott Witmer, is an adult individual currently residing at 107 North 2W1 Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on January 8, 1999, at St. Helena, California. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling and that she has the right to request that the Court require both parties to participate in counseling. 8. The Plaintiff avers as grounds on which this action is based are: A. That the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code; B. That as of November 12, 2011, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to §3301(d) of the Divorce Code; and C. That the Defendant has offered such indignities to the person of the Plaintiff as to render the condition of the Plaintiff intolerable and life burdensome pursuant to §3301(a) of the Divorce Code. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. COUNTI EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference and made a part hereof. -2- 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. COUNT II ALIMONY PENDENTE LITE COUNSEL FEES. COSTS AND EXPENSES 11. Paragraphs 1 through 9 above are incorporated herein by reference and made a part hereof. 12. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 13. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 14. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the cost of this litigation. 15. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees and expenses. COUNT III ALIMONY 16. Paragraphs 1 through 16 above are incorporated herein by reference and made a part hereof. -3- 17. Plaintiff lacks sufficient property to provide for her reasonable needs. 18. Plaintiff is unable to sufficiently support herself through appropriate employment. 19. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. COUNT IV CUSTODY 20. Paragraphs 1 through 19 above are incorporated herein by reference and made a part hereof. 21. Plaintiff herein is the natural mother of two (2) children, Katie, born February 5, 1996, and Connor, born October 4, 2003. 22. Defendant herein is the natural father of the aforementioned children. 23. The children have resided for the last five (5) years with the parties at the address contained in paragraph 2 of the Complaint; however, the parties separated November 12, 2009, and the children have resided primarily with the Plaintiff herein at the address contained in paragraph 1 above. 24. Neither party has filed an action for custody or partial custody, and Plaintiff is aware of no other person seeking custody or partial custody of the children. 25. Plaintiff believes and therefore avers that it is in the best interests of the children to grant primary physical custody and sole legal custody of the children unto the Plaintiff herein as the best interests of the children are served by the same. -4- WHEREFORE, Plaintiff prays this Honorable Court: (a) Enter a Decree in Divorce; (b) Compel the Defendant to pay alimony pendente lite to the Plaintiff; (c) Compel the Defendant to pay alimony to the Plaintiff; (d) Equitably distribute all property, both real and personal, owned by the parties; (e) Compel the Defendant to pay the Plaintiff's counsel fees, costs and expenses and the costs and expenses of this action; (f) Grant primary custody of the children unto the Plaintiff herein; and (g) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner & Spreha By k hard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: a_ -5- VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsification to authorities. ?? Date: GINA WITMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT WITMER DEFENDANT 2010-295 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 19, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, February 22, 2010 at 9:00 AM . ....... ....11 .... __..--- 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 entrv 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/ ohn . Man an r. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2010 JAIL 20 Pri 2: 0 Wli C') P-3 C a ?.., 01 lrt- e:> ,1 -Ti Paul J. Esposito, Esquire C- ?. I.D. #25454 P C GOLDBERG KATZMAN -G , . . 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-416 1; (717) 234-6808 (facsimile) Counselfor Defendant GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-295 SCOTT WITMER, CIVIL ACTION - LAW Defendant INT DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, as counsel for Defendant, SCOTT WITMER, in the above-captioned matter. Date: R '2010 GOLDBERG TZMANP.C. Paul J. E60osipl Attorney I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 0'. CERTIFICATE OF SERVICE On this ? rfe day of , , 2010, I certify that a copy of the foregoing document was served upon the following counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS M41L P. Richard Wagner, Esquire Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. Paul J. E osito Supreme CourtD #25454 Attorneys for Defendant GINA WITMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V' 2010-295 CIVIL ACTION LAW SCOTT WITMER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Frida ,October 01, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, November O8, 2010 at 9:00 AM for aPre-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/ ohn .Man an r. 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 arrangem ents 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 Y OU 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 ~= ~' ~~ - rd Street th B df ~~•~~/~ ~ ~' ~ 32 S ,..~ ~ ~ o ou e ~ ,-~ /~.~ ~p ~ ~~~ ~ Carlisle, Pennsylvania 17013 l~r.~~o, s3 ~ ~ ~ r7; Telephone (717) 249-3166 ~-~ ~:r; -~ t~ ® ~'~ ~$ e _~ ~ ~ -~ II ,y r Paul J. Esposito, Esquire I.D. #25454 H12FIR I GOLDBERGKATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 PENNSYI-V t. ltp} Harrisburg, PA 17112 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-295 CIVIL TERM SCOTT WITMER, CIVIL ACTION - LAW Defendant IN CUSTODY ACCEPTANCE OF SERVICE I, Scott Witmer, Defendant, acknowledge that I received a copy of the Complaint in Divorce, which was filed with the Court on January 11, 2010, in the above-referenced matter by personally accepting service thereof on or about January 15, 2010. Date: 1/ 2- 7 _,2012 y SC T WITMER {00581157:v1} 3 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-295 SCOTT WITMER, CIVIL ACTION - LAW Defendant IN CUSTODY I ORDER OF COURT AND NOW, this /so day of 2012, it is hereby ORDERED and DIRECTED that the terms of the attached Stipulation for Custody are made an Order of Court and all prior Orders are hereby revoked. C N -rt This Court shall retain jurisdiction over this matter. - -n Zr ar ; < 0i.- ? - t -?, B E COURT: y t;? aM ? o J. Distribution: ? Paul J. Esposito, Esquire, Goldberg Katzman, PC, 4250 Crums Mill Road, Harrisburg, PA 17112 /P. Richard Wagner, Esquire, Mancke, Wagner, Spreha & McQuillan, 2233 North Front Street Harrisburg, PA 17110 Scott Witmer, 107 N. 20th Street, Camp Hill, PA 17011 Gina Witmer, 2006 Carlisle Road, Camp Hill, PA 17011 CPp't rna.led a f i /ice (00580311;v I I GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-295 CIVIL TERM c-y SCOTT WITMER, CIVIL ACTION - LAW :Z= cu -Orrrr, 1 11, 2010. Defendant IN DIVORCE -'° v -.{ AFFIDAVIT OF CONSENT xQ :x ° v= 'v ° rn A Complaint in Divorce under § 3301(c) of the Divorce Code was fileAn Mnua 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 made subject to the penalties of 18 Py ' S. Section 4904, relating to unsworn falsification to authorities. Date: ` (--? _ , 2012 G (00581718; vl } GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-295 CIVIL TERM SCOTT WITMER CIVIL ACTION - LAW Defendant IN DIVORCE c2cco -n WAIVER OF NOTICE OF INTENTION TO Cn?' REQUEST ENTRY OF A DIVORCE DECREE ?C) UNDER SECTION 3301(c) OF THE DIVORCE CODE zp =r, I consent to the entry of a final decree of divorce without notice. 1 4 o . 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: 2012 (00582718;v1} C P-0 O g ? z? vv 'tarn Paul J. Esposito, Esquire CA _ -JJ= CD i I.D. #25454 r --BCD GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road Zp P. O. Box 6991 Sam ' Harrisburg, PA 17112 O (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-295 CIVIL TERM SCOTT WITMER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 11, 2010. 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. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and me to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about January 15, 2010, via Acceptance of Service, signed for by me personally. 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. Section 4904, relating to unsworn falsification to authorities. Date: L - \ "Q? , 2012 SCOTT WITMER t00582718;v1) C') .? Paul J. Esposito, Esquire _ N r I.D. #25454 '' .?! Cx GOLDBERG KATZMAN, P.C. t-? ?? Z n, =-*? 4250 Crums Mill Road P. O. Box 6991 2 C o r p Harrisburg, PA 17112 ? D:P1 (717) 234-4161; (717) 234-4161 (facsimile) CrN Counsel for Defendant GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-295 CIVIL TERM SCOTT WITMER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the 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:Q r yC?,rA, \ 2--, , 2012 SCOTT WITMER (00582718;v1} 10-)q? C?tG -7&'fin MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z--T day of Tu-rt, 2012, by and between GINA WITMER, (hereinafter referred to as "Wife") and SCOTT WITMER, (hereinafter referred to as "Husband"). WITNESSETH: N ? WHEREAS, the parties hereto are Husband and Wife, having been red CJ) r- z ca CD -<:r> January 8, 1999, in St. Helena, California; and ?--X' , ?° ° zE WHEREAS, the parties separated on or about November 1, 2009; and v? Cm =+ ` WHEREAS, the parties are the parents of two (2) minor children, namely,1:Kaffe a :;a --< Witmer, born February 5, 1996; and Connor Witmer, born October 4, 2003; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart from each other, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. 005811).3;vIf NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. WIFE'S DEBTS Wife represents and warrants to Husband that as of the date of their separation, November 1, 2009, she has not incurred, and in the future she will not contract or incur, any debts or liabilities for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3. HUSBAND'S DEBTS Husband represents and warrants to Wife that as of the date of their separation, November 1, 2009, he has not incurred, and in the future he will not contract or incur, any debts or liabilities for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. i00581113?vIf 2 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage with the exception of the mortgage which is more fully described in paragraph 6 of this Agreement. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF THE REAL ESTATE Husband and Wife acknowledge that they own the real property situate at 107 N. 201" Street, Camp Hill, Cumberland County, Pennsylvania, the former marital residence, as tenants by the entireties. The parties hereby agree that the marital residence shall be the sole and separate property of Husband. Wife hereby waives and relinquishes any right, title, claim or interest she may have in and to said real estate. Wife agrees to execute any documents reasonably related to the transfer of ownership of the marital real estate to Husband. Husband hereby assumes all liabilities currently due and owing, in connection with the upkeep and maintenance of the property, including, but not limited to, the mortgage with GMAC, real estate taxes, homeowners insurance, assessments, utilities, repairs and improvements. Husband shall indemnify Wife and hold her harmless 0058111.3: v I f 3 from any and all claims of every kind arising out of or in connection with said property. Husband has initiated the process whereby he will assume the mortgage with GMAC as his sole obligation and in so doing secure Wife's release therefrom. Although Husband anticipates that this process will be completed promptly, in the event his application for assumption of the mortgage is not approved, he shall refinance the existing mortgage so as to relieve Wife of this obligation not later than ninety (90) days from the date of execution of this Agreement. In the event Husband fails to formally assume or refinance the existing mortgage with GMAC, or to otherwise obtain Wife's general release from said mortgage, the marital residence shall be immediately listed for sale by Husband and sold as soon as practicable thereafter upon reasonable terms and conditions. In that event, both parties will cooperate diligently in order to sell the property as soon as possible. Upon such sale, the net proceeds, following payment of expenses of sale and outstanding liens, shall be distributed to Husband. 7. DIVISION OF PERSONAL PROPERTY The parties agree that they have satisfactorily divided between themselves, all of their personal property, including but not necessarily limited to, all furniture, furnishings, antiques, prints, jewelry, firearms, coins, tools, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all of the personal property currently in his possession, including, but not limited to, all of those items which are located at 107 N. 20th Street, Camp Hill, Cumberland County, Pennsylvania free and clear of any right, title, claim and/or interest of Wife. Wife shall retain sole and exclusive ownership of all of the personal property currently in her possession, free and clear of any right, title, claim and/or interest of Husband. {0058111.i;v1/ 4 8. MOTOR VEHICLES The parties hereby agree that Wife shall be entitled to exclusive possession and ownership of the 2009 Ford Fusion. Husband hereby relinquishes any and all interest he may have in and to said vehicle. The parties further agree that Husband shall be entitled to exclusive possession and ownership of the 2000 Cadillac Escalade, 2005 Subaru Impreza STI and 1996 Cruisers Yachts 2470 Rogue and trailer. Wife hereby relinquishes any and all interest she may have in and to said vehicles, boat and trailer. The parties further acknowledge that on August 4, 2010, Husband paid to Wife the lump sum of $11,090.00 in consideration for the retention of the vehicles, boat and trailer as described hereinabove. 9. FINANCIAL ACCOUNTS The parties hereby agree that any individual bank or credit union checking, savings, money market or similar accounts owned by either party individually shall be the sole and separate property of the party in whose name the account is currently titled, and the parties waive and relinquish any right, title, claim or interest either may have in and to the accounts of the other. 10. CASH PAYMENTS In consideration of and for Wife's waiver and relinquishment of her rights arising from the marital relationship as set forth in this Agreement, including, but not limited to, her right, title and interest in the former marital residence, Husband has paid to Wife and Wife acknowledges the receipt of the lump sum of $15,000.00 on October 19, 2011. This payment also included reimbursement for uninsured medical bills incurred by Wife and the parties' children. {005811, 3, 0) 5 In addition, Husband has paid to Wife the lump sum of $5,000.00. Husband shall further pay to Wife the lump sum of $20,000.00 upon the issuance of a final Decree in Divorce which payment represents the final payment due Wife in consideration for the resolution of their respective rights arising from the marital relationship or otherwise. 11. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which have been acquired by him or her since the parties separated on November 1, 2009, or which may be acquired in the future, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. ORDER FOR SPOUSAL AND CHILD SUPPORT The parties acknowledge that on March 10, 2011, an Order was issued by the Honorable J. Wesley Oler, Jr., President Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, to docket number 00122 S 2010 and PACSES Case #591111484, directing Husband to pay spousal support to Wife and support for the parties' two (2) minor children. The parties hereby agree that the spousal support component of said Order shall terminate as of the date of the issuance of a final Decree in Divorce between the parties. The component of the Order pertaining to support of the children shall be modified as a result of the change in physical custody of the parties' son, Connor. 13. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any (005811 j3,vI/ 6 liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or any other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming said deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all taxes, penalties and interest payments, as well as attorney and accountant fees incurred as a result of the failure to declare income or disallowance of the claimed deduction. 14. TAX ADVICE The parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisors or tax attorneys with reference to the implications of this Agreement. Further, neither party has been given tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by consulting an accountant, certified public accountant, tax advisor or tax attorney with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and had the opportunity to seek independent tax advice. 15. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all ;00581113:vI} 7 other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income. assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 16. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire. Wife has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to her by t00581113,vlJ 8 legal counsel of her choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 17. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Except as otherwise set forth in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 18. COUNSEL FEES, COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation, the dissolution of their marriage, the resolution of the matters set forth in this Agreement, and matters pertaining to support and custody of the children. 19. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights j00581113:01 9 saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 20. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 21. RELEASE OF CLAIMS a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of {005811 i 3; 0) 10 their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. b. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the t0058111 ;vI} 1 1 breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of f0058111.3. v 1 } 12 action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. e. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 10-295 in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall immediately proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce as expeditiously as possible. 22. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to the parties, but they shall not be merged into such decree. The Court of Common Pleas which may enter such decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the sole purpose of enforcement of any of the provisions thereof. In addition, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and shall retain any remedies in law or in equity to enforce any term of this Agreement, which shall retain its character as an independent contract. Such remedies in law or equity are specifically not waived or released. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 1'00581113; vl/ 13 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 26. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue {00581113: v 1 } 14 influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, with the specific exception of the Pre-Nuptial Agreement entered into by the parties on January 6, 1999. The parties acknowledge and agree that said Pre-Nuptial Agreement is entirely consistent with the instant Agreement and that both Agreements shall remain in full force and effect. 30. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 31. BREACH If either party hereto breaches any provision hereof, the other party, shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 32. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or 10058111, v13 15 if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: 1?'j V ?17A ?? 111?11J1\` SCOTT WI R (005811130 1 16 STATE OF PENNSYLVANIA .?: 1 ss: COUNTY OF On this, the day of 1 d /vf , 2012, before me, the undersigned officer, personally appeared GINA WITMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein IN WITNESS WHEREOF, I seal. Public CHERYL R. CARMAN, Notary Public Camp Hill Boro, Cumberland County STATE OF PENNSYLVANIA My commission Expires May 20, 2012 ss: COUNTY On this, the -a-?"day of E 2012, before me, the undersigned officer, personally appeared SCOTT WITMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I here -o ?ykiand nd ?1. GG Notary Public COMMONWEALTH € P NNSYLVANIA NOTARIAL SEAL CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County My Commission Expires May 20, 2012 '100581113:0,} 17 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant GINA WITMER, v SCOTT WITMER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-295 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 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) of the Divorce Code. 2. Date and manner of service of the Complaint: January 1511 2010, via Acceptance of Service, signed for by Defendant. 3.(a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff on February 13, 2012 by Defendant on February 13, 2012. (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: HLED"OF FILE OF THE PROTHONOTARY 2012 FEB I ? PM 12: 06 COUNTY (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 17, 2012 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 17, 2012 j? Attorney for D en nt (00582718;01 GINA WITMER V. SCOTT WITMER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-295 DIVORCE DECREE r/ l • v a, .rN AND NOW, it is ordered and decreed that GINA WITMER , plaintiff, and SCOTT WITMER , defendant, are divorced from the bonds of matrimony. 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.") None. The terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated January 27,2012, are hereby incorporated in this Decree by reference as fully as though the same were set forth herein at length. Said Agreement shall not merge with, but shall survive this Decree. By the Attest: J. Prothonota C_ ` k?q, (2- (C'/4- elo`v K ,?jc9rG?c?'? ?10&e e cagy a?G? d x=11.. 0 FF I CE TI I L E PROTI-ONO)-Aqy By: Matthew L. Owens, Esquire Owens Barcavage& cnoy, LLC I 3 'M JUL 23 41 11: 43 ID # 76080 2595 Interstate Drive, Suite 101 CUMBERLAND COUNTY Harrisburg, PA 17110 PENNSYLVANIA 717-909-2500 Attorney for Plaintiff GINA WITMER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. No. 10-295 SCOTT WITMER, Defendant PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT 1. The Plaintiff is Gina Witmer,with a current address of 241 N. 19'h Street, Camp Hill,Pennsylvania. 2. The Defendant is Scott Witner, with a current address of 107 N. 20th Street, Camp Hill, PA 17011. 3. On January 27, 2012,the Plaintiff and Defendant entered into a Marital Settlement Agreement. A true and correct copy of the Marital Settlement Agreement is attached hereto and incorporated herein as Exhibit"A". 4. The Defendant has failed to abide by the terms of the Marital Settlement Agreement. 5. Pursuant to the terms of the Marital Settlement Agreement,within ninety(90) days of the Marital Settlement Agreement the Defendant agreed,pursuant to Paragraph 6 of the Marital Settlement Agreement,to assume or refinance the existing mortgage held by GMAC on the marital residence located at 107 N. 20th Street, Camp Hill,PA 17011, or otherwise obtain a general release of the Plaintiff from the mortgage holder. If the Defendant was unable to secure said release by agreement,assumption,or refinance,the Defendant was to list the property for sale. 6. Plaintiff and Defendant entered into a modification of Paragraph 6 of the Marital Settlement Agreement between and among themselves and without the assistance of counsel. Pursuant to this modification,Plaintiff agreed not to enforce the ninety(90) day requirement for release by agreement, assumption,or refinance. In exchange,Defendant agreed to obtain said release by agreement, assumption,or refinance within thirty(30)days notice from Plaintiff that said release by agreement, assumption, or refinance was to be obtained. 7. On June 4,2013,Plaintiff,through counsel,provided written notice to Defendant, through counsel,that Defendant was to provide proof of his efforts to obtain Plaintiff s release from the mortgage by agreement, assumption, or refinance,or provide an agreement of sale, within thirty(30)days from the date of said correspondence. A true and correct copy of the June 4, 2013, correspondence is attached hereto and incorporated herein as Exhibit"B". 8. As of the date of this Petition,Defendant has failed to obtain Plaintiff s release from the Mortgage on the marital home,provide proof of his efforts to obtain said release,or provide proof that Defendant has listed the marital home for sale. 9. Defendant has failed to comply with the terms as listed in Paragraph 6 of the Marital Settlement Agreement, as amended by agreement of the parties, in that Defendant has failed to obtain Plaintiffs release from the Mortgage on the marital home, provide proof of his efforts to obtain said release,or provide proof that Defendant has listed the marital home for sale. 10. As a result of the Defendant's breach,through the date of this Petition,the Plaintiff has incurred unnecessary legal fees associated with the breach of the terms of the Marital Settlement Agreement. 11. Plaintiff, due to the Defendant's unwillingness to abide by the terms of the Marital Settlement Agreement,respectfully requests that Defendant be required obtain Plaintiff's release from the Mortgage, or in the alternative provide proof of Defendant's efforts to gain said release,or list the marital residence located at 107 N. 20th Street, Camp Hill,PA 17011 for sale at the current market value of the marital residence. WHEREFORE,the Plaintiff respectfully requests that this Honorable Court: 1. Find that the Defendant has breached the terms of the Marital Settlement Agreement. 2. Order Defendant to provide proof that the Plaintiff has been released from the Mortgage,or in the alternative provide proof of Defendant's efforts to gain said release. If Defendant has not obtained Plaintiff's release from the Mortgage, and cannot provide proof of Defendant's efforts to gain said release, Order Defendant to list the marital residence for sale at the current market rate. 3. Plaintiff further requests that this Court award the Plaintiff Attorney's fees and costs expended to bring this Petition to Enforce. Respectfully s mitted, VAGE& ROY, LLC Date: �1 � � � Matthew . O s, Esquire ID#76 Law Office of Matthew L. Owens, LLC 2595 Interstate Drive, Suite 101 Harrisburg,PA 17110 (717)909-2500 EXHIBIT"A" r MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT,made this 2-7 day of ct_vt4j , 2012, by and between GINA WITMER, (hereinafter referred to as "Wife") and SCOTT 0 n WITMER,(hereinafter referred to as "Husband"). .� =rn rrnn inn= x;D cv -urn WITNESS] ,�"�y -a � r --4(n WHEREAS, the parties hereto are Husband and Wife, having been mw F3 yc sv c:: rn January 8, 1999,in St. Helena,California; and WHEREAS,the parties separated on or about November 1,2009;and WHEREAS, the parties are the parents of two (2)minor children, namely, Katie Witmer,born February 5, 1996; and Connor Witmer,.born October 4,2003;and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart from each other, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. (00581113;vr) NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant,promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. WIFE'S DEBTS Wife represents and warrants to Husband that as of the date of their separation, November 1, 2009, she has not incurred, and in the future she will not contract or incur, any debts or liabilities for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3. HUSBAND'S DEBTS Husband represents and warrants to Wife that as of the date of their separation, November 1, 2009, he has not incurred, and in the future he will not contract or incur, any debts or liabilities for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. (00581113;v1) 2 r 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage with the exception of the mortgage which is more fully described in paragraph 6 of this Agreement. 5. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has.incurred, or may hereinafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 6. DISPOSITION OF THE REAL ESTATE Husband and Wife acknowledge that they own the real property situate at 107 N. 20th Street, Camp Hill, Cumberland County, Pennsylvania, the former marital residence, as tenants by the entireties. The parties hereby agree that the marital residence shall be the sole and separate property of Husband. Wife hereby waives and relinquishes any right, title, claim or interest she may have in and to said real estate. Wife agrees to execute any documents reasonably related to the transfer of ownership of the marital real estate to Husband. Husband hereby assumes all liabilities currently due and owing, in connection with the upkeep and maintenance of the property, including, but not limited to, the mortgage with GMAC, real estate taxes, homeowners insurance, assessments, utilities,repairs and improvements. Husband shall indemnify Wife and hold her harmless (00581113;V1) 3 from any and all claims of every kind arising out of or in connection with said property. Husband has initiated the process whereby he will assume the mortgage with GMAC as his sole obligation and in so doing secure Wife's release therefrom. Although Husband anticipates that this process will be completed promptly, in the event his application for assumption of the mortgage is not approved, he shall refinance the existing mortgage so as to relieve Wife of this obligation not later than ninety (90) days from the date of execution of this Agreement. In the event Husband fails to formally assume or refinance the existing mortgage with GMAC. or to otherwise obtain Wife's general release from said mortgage the marital residence shall be immediately listed for sale by Husband and sold as soon as practicable thereafter upon reasonable terms and conditions. In that event both parties will cooperate diligently in order to sell the property as soon as possible Upon such sale the net proceeds following_payment of expenses of sale and outstanding liens, shall be distributed to Husband. 7. DIVISION OF PERSONAL PROPERTY The parties agree that they have satisfactorily divided between themselves, all of their personal property,including but not necessarily limited to, all furniture,furnishings, antiques, prints, jewelry, firearms, coins, tools, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all of the personal property currently in his possession,including,but not limited to,all of those items which are located at 107 N. 20`x` Street, Camp Hill, Cumberland County, Pennsylvania free and clear of any right,title,claim and/or interest of Wife. Wife shall retain sole and exclusive ownership of all of the personal property currently in her possession,free and clear of any right,title, claim and/or interest of Husband. (p05$IXI3;vXJ 4 8. MOTOR VEHICLES The parties hereby agree that Wife shall be entitled to exclusive possession and. ownership of the 2009 Ford Fusion, Husband hereby relinquishes any and all interest he may have in and to said vehicle. The parties further agree that Husband shall be entitled to exclusive possession and ownership of the 2000 Cadillac Escalade, 2005 Subaru Impreza STI and 1996 Cruisers Yachts 2470 Rogue and trailer. Wife hereby relinquishes any and all interest she may have in and to said vehicles,boat and trailer. The parties further acknowledge that on August 4, 2010, Husband paid to Wife the lump sum of$11,090.00 in consideration for the retention of the vehicles, boat and trailer as described hereinabove. 9. FINANCIAL ACCOUNTS The parties hereby agree that any individual bank or credit union checking, savings,money market or similar accounts owned by either party individually shall be the sole and separate property of the party in whose name the account is currently titled, and the parties waive and relinquish any right,title,claim or interest either may have in and to the accounts of the other. 10. CASH PAYMENTS In consideration of and for Wife's waiver and relinquishment of her rights arising from the marital relationship as set forth in this Agreement, including, but not limited to, her right,title and interest in the former marital residence,Husband has paid to Wife and Wife acknowledges the receipt of the lump sum of$15,000.00 on October 19,2011. This payment also'included reimbursement for uninsured medical bills incurred by Wife and the parties' children. (00581113;vl) 5 In addition,Husband has paid to Wife the lump sum of$5,000.00. Husband shall further pav to Wife the lump sum of$20,000.00 upon the issuance of a final Decree in Divorce, which payment represents the final payment due Wife in consideration for the resolution of their respective rights arising from the marital relationship or otherwise. 11. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which have been acquired by him or her since the parties separated on November 1, 2009, or which may be acquired in the future,with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. ORDER FOR SPOUSAL AND CHILD SUPPORT The parties acknowledge that on March 10, 2011, an Order was issued by the Honorable J. Wesley Oler, Jr., President Judge of the Court of Common Pleas of Cumberland County, Pennsylvania, to docket number 00122 S 2010 and PACSES Case #591111484, directing Husband to pay spousal support to Wife and support for the parties' two (2) minor children. The parties hereby agree that the spousal support component of said Order shall terminate as of the date of the issuance of a final Decree in Divorce between the parties. The component of the Order pertaining to support of the i children shall be modified as a result of the change in physical custody of the parties' son.Co, 13. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any foas8�lrs;�rj 6 liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or any other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the parry failing to declare said income or claiming said deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all taxes, penalties and interest payments, as well as attorney and accountant fees incurred as a result of the failure to declare income or disallowance of the claimed deduction. 14. TAX ADVICE The parties hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisors or tax attorneys with reference to the implications of this Agreement. Further, neither party has been given tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by consulting an accountant, certified public accountant, tax advisor or tax attorney with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement`that they have read this particular paragraph and had the opportunity to seek independent tax advice. 15. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all (00581113;vl) 7 . other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors,administrators or assigns,that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does,however,remain actionable. 16. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul J. Esposito, Esquire. Wife has had the opportunity to have the provisions of this Agreement and their legal effect fully explained to her by t00581113;vrj 8 legal counsel of her choice. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, i adequate and reasonable under the existing circumstances. 17. WAIVER OF ALIMONY,ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT Except as otherwise set forth in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support, and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 18. COUNSEL FEES,COSTS AND EXPENSES Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation, the dissolution of their marriage, the resolution of the matters set forth in this Agreement, and matters pertaining to support and custody of the children. 19. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any Trust of the other or in which the other has an interest and each of the parties hereby waives any additional rights which said party has or may have by reason of their marriage, except the rights (00581113;vl) 9 saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include,but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 20. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset,benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort'or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts; final pay checks or any other.post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated,the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 21. RELEASE OF CLAIMS a. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code,and Wife and Husband hereby waive any right to division of (00581113;x1) 10 their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. b. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes fiom any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the (00581113;vl) 11 breach of any of its provisions. Neither parry shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and .estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital i relationship of the parties whether now existing or hereafter I arising. The above release shall be effective regardless of whether i such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States;or any other country. d. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of (00581113;vl) 12 action, claims,.rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. e. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 10-295 in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall immediately proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce as expeditiously as possible. 22. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to the parties, but they shall not be merged into such decree. The Court of Common Pleas which may enter such decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the sole purpose of enforcement of any of the provisions thereof. In addition, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and shall retain any remedies in law or in equity to enforce any term of this Agreement, which shall retain its character as an independent contract. Such remedies in law or equity are specifically not waived or released. 23. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. (00581113;v1) 13 24. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 25. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 26. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 27. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators,legal representatives,assigns and successors. 28. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement,nor shall they affect its meaning,construction or effect. 29. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue (00581113;W) 14 influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, with the specific exception of the Pre-Nuptial Agreement entered into by the parties on January 6, 1999. The parties acknowledge and agree that said Pre-Nuptial Agreement is entirely consistent with the instant Agreement and that both Agreements shall remain in full force and effect. 30. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions,that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 31. BREACH If either party hereto breaches any provision hereof, the other party shall have the right, at his or. her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees:actually incurred in the enforcement of the rights of the non-breaching party. 32. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or (00581113;v1) 15 1 if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 33. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 34. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation,cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: _ t r i J SCOTT WI R (00581113;vl) 16 STATE OF PENNSYL ANIA ss: COUNTY OF On this,the / _day of C�q%'-c{ , 2012, before me, the undersigned officer, personally appeared GINA WITMER, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein co ai-ed. IN WITNESS WHEREOF,I here �ha al seal. COMMON . Y' A rA Public N T RI SEA CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County STATE OF PENNSYLVANIA My Commission Expires May 20, 2012 ss: COUNTY OF On this,the day of G �G (z{ , 2012. before me, the undersigned officer, personally appeared SCOTT WITMER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. , IN WITNESS WHEREOF, I here . o e y hand nd 1 Notary Public COMMONWEAL'b Qe PRULBLVANIA NOTARIAL EA CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County My Commission Expires-May 20, 2012- i (00581113;vl) j'] I EXHIBIT"B" AOWy E N S MATTHEW L.OWENS STEPHEN I SARCAVAGE A R C A V `�l, G E GEOFFREY S.MCINROY ANOREW T.KRAVITZ C I N R O Y , L L C BART W HOLMES A T T O R N E Y S A T L A W OF COUNSEL. WILLIAM T TULLY Direct Dial: 717-909-2500 Email: atkravitz @centralpaattorneys.com June 4,2013 Paul J. Espito Goldberg Katzman,P.C. 4250 Crums Mill Road P.O. Box 6991 Harrisburg, PA 17112 RE: Witmer v. Witmer Dear Attorney Espito, My name is Andrew T. Kravitz, Esquire. I am writing to you on behalf of Gina R. Witmer. It is my understanding that you represented Scott H. Witmer in the divorce of the parties. According to Ms. Witmer, pursuant to the terms of a Marital Settlement Agreement, Mr. Witmer was to refinance or sell the martial home located 107 N. 20`h Street,Camp Hill, Pennsylvania by April 1, 2012 for the purpose of removing Ms. Witmer from the loan associated with the same. According to Ms. Witmer, Ms. Witmer provided verbal and written permission to Mr. Witmer to maintain the status quo until such time as Ms. Witmer, in her sole discretion, wanted her name removed from the loan associated with the marital home. Please allow this correspondence to serve as notice that Ms. Witmer at this time demands that Mr. Witmer take the steps necessary to remove Ms. Witmer from the loan associated with the martial home. Within the next thirty(30)days, I would appreciate receiving copies of loan applications submitted by Mr. Witmer or a listing agreement showing that the home has been placed on the market for sale. If you have any questions regarding this matter,please do not hesitate to call or email. Thank you for your anticipated cooperation. 7 V t ly ours. dr T. tz ATK/she Cc: Gina Renee Witmer 2595 INTERSTATE DRIVE.SUITE 101.HARRISBURG PENNSYLVAN!A 171 10 TELEPHONE.717-909.2500 FACSIMI LE.717-909-2504 EMAIL O9.VC'CENTRALPAATT0QNEYSC0M WEB.WWW OBb'LA.V"ERS COM CERTIFICATE OF SERVICE AND NOW, this 19th day of , 2013, I, Denise DeWalt-Barner, an employee of the Law Office of Matthew L. Owens,hereby certify that I have this day sent a copy of the Petition to Enforce Marriage Settlement Agreement by depositing a copy of the same in the United States mail, postage prepaid addressed to: Scott Witmer 107 N. 20th Street Camp Hill, PA 17011 Courtesy Copy to: Paul J. Esposito, Esquire 4250 Crums Mill Road Harrisburg, PA 17112 Denis ,DeWalt-Ba er 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717-909-2500 C PROTHON-0-TAt) By: Matthew L. Owens, Esquire OF M` ID # 76080 2595 Interstate Drive, Suite 101 2013 JUL 23 AH11: 43 Harrisburg, PA 17110 CUMISERLAND COUNTY 717-909-2500 PENNSYLVANIA Attorney for Plaintiff GINA WITMER, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10-295 SCOTT WITMER, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Matthew L. Owens, Esquire as counsel on behalf of Plaintiff, Gina Witmer, with respect to the above-referenced matter. DATE: j BY: Matthew L. OWU 6s, Esquire CERTIFICATE OF SERVICE I, Denise DeWalt-Barner, an employee of the Law Office of Matthew L. Owens, LLC, do hereby certify that on this 19th day of July 2013, I served a copy of the foregoing document via First Class United States mail, postage prepaid and facsimile as follows: Scott Witmer 107 N. 201h Street Camp Hill, PA 17011 k (I e ise DeWalt-B er GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT WITMER, 2010—0295 CIVIL TERM Defendant ORDER OF COURT AND NOW,this 12TH day of AUGUST, 2013, a hearing on Plaintiffs Petition to Enforce Marital Settlement Agreement is scheduled for THURSDAY, SEPTEMBER 26,2013, at 1:00 p.m. in Courtroom# 3. By the C.ou. , Edward E. Guido, J. Matthew L. Owens, Esquire Fo the Plaintiff �J Scott Witmer F � r1s- :sld :. ;; As/1-3 �� CD ;y CIO Matthew L. Owens, Esquire �;JF �_ p , . 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 2013 SEP 26 PM is 15 (717) 909-2500 CUMBERLAND COUNTY Attorney ID #76080 PENNSYLVANIA GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10-295 SCOTT WITMER, Defendant PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the Plaintiff's Petition to Enforce Marriage Settlemen ent in the above referenced matter. Date: Matthew L. Owens, Esquire ID# 76080 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 r c CERTIFICATE OF SERVICE AND NOW, this 25th day of September, 2013, I, Sunni Elmore, an employee of the Law Office of Matthew L. Owens, hereby certify that I have this day sent a copy of the Praecipe to Withdraw Petition to Enforce Marriage Settlement Agreement by depositing a copy of the same in the United States mail, postage prepaid addressed to: Scott Witmer 107 N. 20th Street Camp Hill,PA 17011 Courtesy Copy to: Paul J. Esposito, Esquire 4250 Crums Mill Road Harrisburg, PA 17112 C-" S i Elmore 2595 Interstate Drive Suite 101 Harrisburg, PA 17110 717-909-2500 tLED-Of H :F THE PROTHONO Th HI 32 Andrew T. Kravitz, Esquire 2414 JAN 27 Al Attorney I.D. # 80142 CUMBLAND COUNTY Law Offices of Matthew L. Owens PENNSYLVANIA 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 Telephone: 717-909-2500 Fax: 717-909-2504 Email: atkravitz @centralpaattorneys.com Attorney for Plaintiff GINA WITMER, • IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, • PENNSYLVANIA v. • NO. 10-295 SCOTT WITMER, • CIVIL ACTION-LAW Defendant • CUSTODY PETITION TO MODIFY CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Plaintiff, Gina Witmerl, by her attorney, Andrew T. Kravitz, Esquire and respectfully represents the following: 1. Plaintiff is Gina Witmer, who resides at 132 Meadow Woods Lane Reedsville, PA 17084. 2. Defendant is Scott Witmer, who resides at with a current address of 107 N. 20th Street, Camp Hill, PA 17011. 3. Plaintiff and Defendant are not married and are the natural parents of Conner Witmer, who was born October 4, 2003. 4. The parties entered into a Stipulation For Custody which was incorporated into an Order of Court dated February 15, 2012, pursuant to the terms of which the parties shared legal custody with respect to the minor child, and granting Defendant primary physical custody. (See 4183. ocel C#-/9-5-0 , 3aaeg/ copy of Order and Stipulation For Custody marked Exhibit"A", attached hereto and made part hereof). 5. The best interests and welfare of Conner Witmer, require that Defendant's rights of primary physical custody be terminated and that Plaintiff be granted equal physical custody of Conner Witmer. 6. The best interest and permanent welfare of the minor child will be served by granting the relief requested because Plaintiff is equally able to care for the health and welfare of the minor child. 7. Conner Witmer has expressed his desire to spend equal time with his mother and father. 8. Defendant has been using his role as the primary physical custodian to control and limit Plaintiff contact with the minor child including failing to cooperate in granting Plaintiff custody of the minor child outside of terms of the Custody Agreement, refusing to continue an additional Wednesday overnight granted by Defendant to Plaintiff, and unilaterally seeking to enroll the minor child in afterschool activities that would take away from those dates Plaintiff is currently scheduled to have custody of the minor child without offering or agreeing to modify the current custody arrangement to compensate Plaintiff for those periods of custody Plaintiff would lose as a result of the afterschool activities. 9. Plaintiff has to ability to provide time and attention to adequately care for the minor child. 10. Plaintiff has and continues to encourage contact between the minor child and Defendant when the minor child is in the custody of the Plaintiff. 11. Plaintiff has the equal ability to attend to the daily physical, emotional, developmental, and educational needs of the minor child. 12. Plaintiff is equally likely to maintain a loving, stable, consistent and nurturing relationship with the minor child adequate for the child's emotional needs. 13. Plaintiff is equally able to care for the child and the ability to make appropriate child-care arrangements when and if she is unavailable. 14. Plaintiff is in constant contact with the Defendant and is willing and able to cooperate with Defendant as to issues of custody and decisions related to the minor child. However, as indicated, Defendant has been less willing and able to cooperate with Plaintiff related issues of custody and decisions related to the minor child. 15. Plaintiff has and continues to encourage an ongoing healthy relationship between minor child and Defendant. 16. Defendant has trouble controlling his temper and constantly harasses, embarrasses and humiliates the minor child. 17. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other state, other than the heretofore referenced proceedings entered to the within term and number. 18. Plaintiff has not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State, other than the heretofore referenced proceedings entered to the within term and number. 19. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation rights with respect to him. WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that physical and legal custody of the minor child, Conner Witmer, be shared equally with the Plaintiff and the Defendant. Respeully submitted, t Date: _c�VIy I JV ndrw T. Kravitz, Esquire Law''Offices of Matthew L. Owens, Esquire, LLC Attorney for Plaintiff ID# 80142 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. // / 7 itmer EXHIBIT A Paul J. Esposito, Esquire I.D. #25454 '.: '', GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Defendant GINA WITMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10-295 SCOTT WITMER, : CIVIL ACTION—LAW Defendant : IN CUSTODY STIPULATION FOR CUSTODY AND NOW, come the parties, GINA WITMER,Plaintiff, and SCOTT WITMER, Defendant, who hereby agree and stipulate as follows: 1. Father, Scott Witmer,and Mother, Gina Witmer, shall have shared legal custody of Connor Witmer,born October 4,2003. The parties agree that major decisions concerning Connor, including,but not limited to,his health, welfare,education and upbringing, shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in Connor's best interests. Each parent shall be entitled to all records and information pertaining to Connor,including, but not limited to, medical, dental,religious or school records. 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. Father shall notify Mother of all extracurricular activities, doctors' appointments, school functions and the like within a reasonable time and Mother shall be permitted to attend any such activities, appointments and functions. Further,day-to-day {00580311;v1} decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made,the party having physical custody of Connor at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However,that party shall inform the other of the emergency and consult with him or her as soon as possible. 2. Father shall have primary physical custody of Connor. Mother shall have partial physical custody in accordance with the following: a. On alternating weekends, from Friday after school (at 4:00 p.m., if school is not in session)until the following Monday at the start of school (or 9:00 a.m., if school is not in session)and each Wednesday after school (at 4:00 p.m., if school is not in session)until 7:00 p.m. b. The parties shall each be entitled to two(2)weeks of vacation time with Connor during the summer. Each party shall provide the other with thirty(30) days' notice of his/her intention to exercise the extended custody period. The weeks of vacation may be taken consecutively. c. The parties shall alternate the following holidays: Easter Sunday,Memorial Day, Independence Day, Labor Day, Halloween(that is,the day designated for trick-or-treat),Veterans' Day, Thanksgiving, Christmas Eve, Christmas Day,New Year's Eve and New Year's Day. The times for the holidays shall be agreed upon by the parties. Mother shall have Connor on Easter Sunday in 2012 and the holidays shall alternate thereafter. d. The parties shall equally divide school in-service days and other federal holidays when school is not in session. {005803tt;vl} e. The parties shall equally divide the winter and spring breaks from school. 3. Either party may relocate to Dauphin, York, Lebanon, Lancaster, Perry or Cumberland Counties without the permission or authorization of the other party. However, should either party relocate to a county other than those designated herein, Father shall nonetheless maintain primary physical custody and Mother's partial physical custody rights will be modified upon the parties' agreement, but with strong adherence to the recommendations made by Dr. Kasey Shienvold in his report of January 6,2012. 4. Transportation for each exchange of custody shall be shared equally by the parties, and as required,the cost of transportation for Connor shall also be shared equally. 5. Each party shall be entitled to reasonable telephone contact with Connor when he is in the custody of the other party. Mother shall provide a cell phone for Connor's use exclusively for the purpose of telephone communication between she and Connor. 6. Father shall make no attempt to prohibit or unreasonably restrict contact between Connor and his sister, Katie Witmer. The parties shall facilitate the arrangements necessary for liberal contact between the children. 7. The parties shall refrain from making derogatory comments about the other party in Connor's presence and shall prevent third parties from making such comments in Connor's presence(whether the child is sleeping or awake)or otherwise harass or interfere with the parties' periods of physical custody. 8. It is acknowledged by the parties that Connor may experience emotional difficulties as a result of the conflicts that have existed between the parties. Accordingly,the parties shall consult with counselors or therapists if so indicated by a mental health professional. The parties agree to extend their complete cooperation in this process, including the execution of (00580311;,i) any authorizations necessary to facilitate counseling or therapy. The cost of these services after any insurance reimbursement shall be paid equally by the parties. 9. In the event either party becomes involved in a relationship with a significant other,the parties shall make every effort to ensure that the relationship does not negatively impact the level of care Connor receives from either party. Further,neither party's significant other shall discipline Connor. 10. During any periods of custody,the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure,to the extent possible,that other household members and/or house guests comply with this provision. 11. The Order of Court issued in this matter dated January 12, 2011 shall be superseded by the Order incorporating the terms of this Stipulation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. I WITNESS: \ 61( ' )f/4:14-.., i■J:e4.,-''—r---_______ .' „rill;Aril •ia.— SCOT IT T. ' • " BE • ' yt- 0 -„0-x/0-4!4 Ar ;! '. .Aidsr. .44......,...................„,,,,.._ iiv ily. COMMONWE fti dr rm .•IMNIA NOTARIAL SEAL . CHERYL R. GARMAN, Notary Public Camp Hill Rom, Cumberland County My Commission Expires May 20, 2012 {00580311;x1} CERTIFICATE OF SERVICE AND NOW, this 4 day of January 2014, I, Andrew T. Kravitz, Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Petition to Modify Custody by depositing a certified copy of the same in the United States mail, postage prepaid addressed to: Scott Witmer 107 N. 20th Street Camp Hill, PA 17011 • i dre / T. Kravitz, quire La , d ffices of Matthew L. Owens, Esquire, LLC Attorney for Plaintiff ID# 80142 2595 Interstate Drive, Suite 101 Harrisburg, PA 17110 (717) 909-2500 I 6\k o. 114r/4r , : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA Vs : No. lo CIVIL TERM 5(.04 k Aivve'- , . CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, 6 11.“4 Li j\nec , hereby swear or affirm, subject to 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 r r c -'* f relating to criminal rn c_ homicide) xr"' r-- x - - ' , cnr" ry c 18 Pa.C.S. §2702 r �--r) -`�-_ < 3 (relating to aggravated r'c-) _.. ..)c , assault) —c- -. 7_. Its. E 18 Pa.C.S. §2706 r (relating to terroristic threats) 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 r (relating to kidnapping) IT 18 Pa.C.S. §2902 r IT (relating to unlawful restraint) 18 Pa.C.S. §2903 rr rr (relating to false imprisonment). I 18 Pa.C.S. §2910 r (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 r I (relating to rape), IT 18 Pa.C.S. §3122.1 r r relating to statutory sexual assault) 18 Pa.C.S. §3123 r (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 r r (relating to sexual assault) IT 18 Pa.C.S. §3125 IT IT (relating to aggravated indecent assault) r 18 Pa.C.S. §3126 IT (relating to indecent assault) 18 Pa.C.S. §3127 r IT (relating to indecent exposure) r" 18 Pa.C.S. §3129 r r (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 r r (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 r r (relating to arson and related offenses) r 18 Pa.C.S. §4302 r r (relating to incest) 18 Pa.C.S. §4303 r r (relating to concealing death of child) r 18 Pa.C.S. §4304 r r: (relating to endangering welfare of children) r 18 Pa.C.S. §4305 IT r (relating to dealing in infant children) r 18 Pa.C.S. §5902(b) r r (relating to prostitution and related offenses) r 18 Pa.C.S. §5903 r r (c) or (d) (relating to obscene and other sexual materials and performances) r 18 Pa.C.S. §6301 r r (relating to corruption of minors1 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 r r (relating to unlawful contact with minor) 18 Pa.C.S. §6320 r r (relating to sexual exploitation of childrent r 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the 1 influence of drugs or alcohol Manufacture, sale, r r delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other Date all that household apply member r A finding of abuse by a Children &Youth r Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false stateme is erein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifi, ti•n to authorities. AA L Si:nature 7f, vir / " Printed Name C-) r.,a � o GINA WITMER IN THE COURT OF COMMON PLEAS OF v:K r' r rn� _.,., M *� PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAl r - V. -<> CO 2010-295 CIVIL ACTION LAW < c SCOTT WITMER 2 CD IN CUSTODY ca �= DEFENDANT T ORDER OF COURT AND NOW. Tuesday,January 28,2014 upon consideration of the attached Complaint, it is liereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,February 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/ John 1. Man an Jr., 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. M� Cumberland County Bar Association 32 South Bedford Street h4j,t A 44-troaZ Carlisle. Pennsylvania 17013 S . Telephone (717) 249-3166 04�J. � � Y C, Z GINA WITMER, • IN THE COURT OF COMMON PLEAS OF Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 10-295 CIVIL ACTION LAW • SCOTT WITMER, • IN CUSTODY Defendant • Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this .20 7A day of March 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Absent written agreement otherwise or further Order of Court, the Order dated February 15, 2012 shall remain in full force and effect. 2. A conference is hereby scheduled for Friday March 28, 2014 at 1:00 pm with the assigned conciliator. The conciliator shall initiate the call to counsel. 3. This Order is entered pursuant to 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. By the ,.• J. Di ibution: homas Clark, Esquire -idrew Kravitz, Esq., 2595 Interstate Dr., Ste 101, Harrisburg, PA 17110 ,/John J. Mangan, Esquire rn ,-}_. rn l es icZ cn 2/.2..opy GINA WITMER, • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • v. • No. 10-295 CIVIL ACTION LAW SCOTT WITMER, • IN CUSTODY Defendant • Prior Judge Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Connor Witmer 10/04/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 22, 2010, an Order issued March 30, 2010, a conference was held November 19, 2010, an Order issued January 12, 2011, a stipulated Order issued February 15, 2012 after a custody evaluation was performed Mother filed a petition to modify, a conference was held February 25, 2014 and counsel requested a brief continuance to see if an agreement may be reached. The Mother, Gina Witmer, with her counsel, Andrew Kravitz, Esq. The Father, Scott Witmer, with his counsel, Thomas Clark, Esq. 3. The undersigned recommendss the entry of an Order in the form as attached. Date ( Jo J angan, Esquire J st dy Conciliator GINA WITMER, Plaintiff V. SCOTT WITMER, Defendant . IN THE COURT OF COMMON PLEAS • OF CUMBERLAND COUNTY, • .• PENNSYLVANIA C.: = 1.':71*P11-,T3 ■70i.,..) i;itt:-zil:, No. 10-295 -0 CIVIL ACTION LAW Lo 1 , -13 :11-7j1 IN CUSTODY •.-::,-E > .-- --{ -- ti (. - PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Plaintiff, GINA WITMER. Date: , 2014 Re.spJ 1 iubmitted, Kravitz, Esquire w Offices of Matthew L Owens Attorney ID #80142 2595 Interstate Drive, Suite 101 Harrisburg, Pennsylvania 17110 PRAECIPE TO ENTER APPEARANCE _ TO THEPROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Plaintiff, GINA WITMER. Date: Respectfully sub A. Scarin, .quire Scaringi & Sc P.C. Attorney ID #8 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 LAW OFFICES OF MATTHEW L. 0 ENS, ESQUIRE LLC GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-295 CIVIL ACTION LAW SCOTT WITMER, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. Anticipated hearing length: One day ORDER OF COURT N) ,.a AND NOW this day of June 2014, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: r �` 1. Absent written agreement otherwise or further Order of Court, the Order dated February 15, 2012 shall remain in full force and effect. 2. A r trial conferenc with the assigned Juke is hereby scheduled in the above case on the ay of 5 2014 at /1"00 .m in courtroom number 3 of the Cumberland County Courthouse. he parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 3. A Custody Hearing is hereby scheduled on the 7444 day of , 2014 at $30 /a.m in Courtroom number 3 in the Cumberland County Court of C$mmon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Child. For purposes of this hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. 4. The parties have the option of contacting the assigned conciliator to schedule a conference prior to the scheduled trial in the event the parties are close to an agreement. 5. This Order is entered pursuant to a Custody Conciliator's recommendation. 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. J. Distribution: omas Clark, Esquire �/Iarc Scaringi, Esq., 2000 Linglestown Rd., Ste 106, Harrisburg, PA 17110 ✓J"ohn J. Mangan, Esquire Ces i aViV - 0 3 GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-295 CIVIL ACTION LAW SCOTT WITMER, IN CUSTODY Defendant Prior Judge Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Connor Witmer 10/04/2003 Primary Mother 2. A Conciliation Conference was held with regard to this matter on February 22, 2010, an Order issued March 30, 2010, a conference was held November 19, 2010, an Order issued January 12, 2011, a stipulated Order issued February 15, 2012 after a custody evaluation was performed Mother filed a petition to modify, a conference was held February 25, 2014, counsel requested a brief continuance to see if an agreement may be reached, an Order issued March 20, 2014, a telephone conference was held March 28, 2014 whereby counsel was to get back to me regarding a possible updated custody evaluation or possible hearing, in mid April counsel was contacted, Father's counsel indicated that he was requesting an updated evaluation with a follow up conference after completion, Mother's counsel did not respond one way or the other, Mother then hired new counsel, and then Mother's current counsel contacted the undersigned requesting a custody trial. The Mother, Gina Witmer, represented by, Marc Scaringi, Esq. The Father, Scott Witmer, represented by, Thomas Clark, Esq. 3. The parents' position on custody is as follows: Mother's counsel indicated that Mother is not willing (or thinks unnecessary) to have an updated custody evaluation take place. Mother is seeking more time with Connor, more in line with a shared physical custody schedule year around or for her to have primary physical custody during the summer with Father having alternating weekends. Father asserts that he should maintain primary physical custody. Father indicated that he would be willing to have an updated custody evaluation performed. 4. The Conciliator recommends an Order in the form as attached scheduling a pretrial conference, scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Child's best interest. It is expected that the Hearing will require one day. fi 5. The proposed recommended Order may contain a requirement that the parties file a pre- trial memorandum with the Judge to whom the matter has been assigned. / (7 //7 Date Joh . . Ma _an, Esquire C stodv onciliator e—• c4 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GINA WITMER, NO.: 2010-295 Plaintiff vs. CIVIL ACTION -- LAW CD .-.. a ....- ...., SCOTT WITMER, ACTION IN CUSTODY m c Defendant r:n i—• ali..- MOTION FOR CONTINUANCE CD -r1 1.> CD ...a. ..7.C".. — .0,- c) CD AND NOW, comes Scott Witmer, by and through his attorney, Thomas g. Esquire of Colgan & Associates, LLC, and files the instant Motion for Continuance and in support thereof, avers as follows: 1. The Defendant is Scott Witmer. 2. The Plaintiff is Gina Witmer, who is represented in this matter by Marc Scaringi, Esquire. 3. The above -captioned matter is scheduled to be heard on Friday, August 8, 2014 at 9:30 a.m. 4. The proceeding has not been previously continued. The moving party has never obtained a continuance. 5. A continuance is requested because Defendant has a pre -planned vacation scheduled with the party's minor child. Therefore, he is unable to attend the Custody Hearing. 6. Counsel for Defendant has been notified of this request. At the time of this filing, we have not heard back from Opposing Counsel. 7. I specifically request This Honorable Court grant the continuance and that the Custody Hearing is rescheduled. WHEREFORE, Plaintiff respectfully requests This Honorable Court grant the continuance and that the Custody Hearing is rescheduled. Dated: Respec COL fully submi ed, N & SS CIATES, LLC By Thomas M. Clark, Esquire Attorney I.D. #85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GINA WITMER, NO.: 2010-295 Plaintiff vs. CIVIL ACTION -- LAW ACTION IN CUSTODY SCOTT WITMER, Defendant CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, as follows: Via facsimile only to 717-657-7797 Marc Scaringi, Esquire 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 by: Thomas M. Clark, Esquire _t •' i ,. Marc A. Scaringi tfi�tt� U Vii'O T, Counsel for Gina Witmer Z.u 9 t3 f 7 JUL Supreme Court ID No. 88346 - �igI �'; 6 Scaringi& Scaringi,PC CLit B i RL, ND COU"'" 2000 Linglestown Road, Suite 106 1, S Y L}:A P4 I °; Harrisburg,PA 17110 717-657-7770(o) 717-657-7797(f) marc@scaringilaw.com GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, . PENNSYLVANIA v. . No. 10-295 . CIVIL ACTION LAW SCOTT WITMER, Defendant IN CUSTODY PLAINTIFF'S REPLY TO DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, comes Gina Witmer, by and through her attorney, Marc A. Scaringi, Esquire of Scaringi & Scaringi, P.C., and files Plaintiff's Reply to Defendant's Motion for Continuance and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, the parties are far along in settlement negotiations and appear to be very close to settling this case. 5. Neither admitted nor denied. By way of further answer, there will be no need for the parties to attend a Custody Hearing if the parties can complete their settlement negotiations considering they are so close. It is further hoped the parties can settle this matter so there is no need for the Hearing and so that Father and the subject Child can enjoy their vacation. 6. Admitted. By way of further answer, the Plaintiff herein responds to the Defendant's Motion for Continuance by objecting to same. 7. Plaintiff requests this Honorable Court deny the continuance because the parties have only to resolve one remaining issue for there to be no need of a Custody Hearing. And furthermore, if the parties cannot agree,the Custody Hearing will be necessary. Mother is requesting primary custody which would require a change in schools and thus the Hearing needs to be held prior to the start of the upcoming academic school year. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny the continuance. Respectfully submi• •, ri //ate Date: A M. ' A. Scari Co; sel for G — itmer Supreme Court ID No. 88346 Scaringi& Scaringi,PC 2000 Linglestown Road, Suite 106 Harrisburg,PA 17110 717-657-7770 (o) 717-657-7797(f) marcscaringitaw.com GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 10-295 CIVIL ACTION LAW SCOTT WITMER, Defendant IN CUSTODY CERTIFICATE OF SERVICE I,Amy M. Brady, Paralegal, Scaringi& Scaringi,P.C.,hereby certify that I am this day serving a copy of the Plaintiff's Reply to Defendant's Motion for Continuance upon the person and in the manner indicated below: Via Facsimile Only(717) 502-5050 Thomas M. Clark, Esquire Colgan&Associates,LLC 130 W. Church Street, Suite 100 Dillsburg,PA 17019 Date: 12.0 Amy M Bra , Parale‘l to Marc A. Scaringi, Esquire • VERIFICATION I verify, on behalf of my client, Gina Witmer, who is currently unavailable to sign in person,that the within statements made in the foregoing documents have been reviewed with her, and she has verbally verified that they are true and correct. She verified verbally that she understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 77(s //`y Mar A. Scarin :squire GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . 2010-0295 CIVIL ACTION LAW SCOTT WITMER, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of July, 2014, this being the time and place set for a pretrial conference, and this Court having handled the matter on behalf of Judge Guido as Judge Guido is still in a civil jury trial, and this Court having indicated to the parties that it could not handle any substantive matters as it has a conflict from being familiar with the parties during my previous tenure in the District Attorney's Office, and the parties having now come to an agreement about certain procedures that will be in effect at the time of the custody hearing that is scheduled to take place on August 8th, 2014, it is hereby ordered as follows: 1. Pursuant to Judge Guido's instruction, this Court has notified the attorneys this matter that they will have one-half of a day in which to proceed with the entire testimony on the custody hearing. ea 2. The parties have agreed that Doctor Kasey >" Shienvold shall testify via telephone. The det parties further agree that on behalf of the Q J �q Plaintiff, the following witnesses may testify via w telephone: Gloria Lauck, the Plaintiff's mother, mw and Catie Witmer, the Plaintiff's daughter. Defense counsel reserves the right to make any Motions in Limine, or to contest whether or not that party's testimony is relevant, but he has no objection to them testifying by telephone if the Court deems their testimony to be relevant. (Witmer v. Witmer, 2010-0295 Civil) 4 Both of the parties have indicated that they are going to be calling additional witnesses in this matter, and they have notified opposing counsel, or will do so in the near future, of the other witnesses. 5. It is noted that there remains a defense Motion for Continuance still outstanding, and that the Plaintiff contests or objects to the continuance. The basis for the continuance is that the Mother is seeking primary custody of the child, which would result in a change in the school district of the child, and wanted to have this hearing prior to the beginning of the school year. Any ruling on the Motion for Continuance is deferred to Judge Guido's ruling either prior to or on the date of the custody hearing scheduled on August 8th, 2014. 6. It is noted for the record that the parties have indicated that they are very close to reaching an agreement and custody stipulation. 7. Both counsel reserve the right to file Motions in Limine to any witnesses. 8 It is noted that the Plaintiff has indicated to defense counsel, who has no objection thereto, that the Plaintiff intends to call Connor Witmer, the child that is at issue in this custody hearing, as a witness.. By the Court, Chri glee L. Peck (Witmer v. Witmer, 2010-0295 Civil) Marc A. Scaringi Esquire 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 For the Plaintiff .../.4-lomas M. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 For the Defendant :vae tL 7/a),py --fil 0 Marc A. Scaringi Counsel for Gina Witmer Supreme Court ID No. 88346 Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (o) 717-657-7797 (f) marc@scaringilaw.com :FILED -OFFICE OF THE PROTHONOTARY 2014 AUG -6 AM 10: 41 CUMBERLAND COUNTY PENNSYLVANIA GINA WITMER, Plaintiff v. SCOTT WITMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • No. 10-295 • : CIVIL ACTION LAW : IN CUSTODY STIPULATION FOR CUSTODY AND NOW COME the Plaintiff, Gina Witmer, and the Defendant, Scott Witmer (hereinafter referred to collectively as the "parties"), who hereby agree and stipulate as follows: 1. Plaintiff, Gina Witmer, (hereinafter "Mother") is the natural Mother of Connor Witmer, born October 4, 2003, Age 10, (hereinafter the "Child") in the above -captioned matter and resides at 132 Meadow Woods Lane, Reedsville, Pennsylvania 17084. 2. Defendant, Scott Witmer (hereinafter "Father"), is the natural Father of the Child in the above -captioned matter and resides at 107 N. 20th Street, Camp Hill, PA 17011. 3. On or about February 10, 2012, the parties entered into a Stipulation for Custody. 4. On or about February 15, 2012, the Stipulation for Custody was made an Order of Court. 5. The parties intend and agree to enter into a new Stipulation for Custody as set forth in the paragraphs below. 6. The parties hereby agree they shall have shared legal custody of the Child. Legal custody is the decision-making ability about issues of significance in the life of the Child including but not limited to education, extracurricular activities, athletics, summer camp, religious upbringing, medical treatment. The parties agree that decisions concerning legal custody shall be made by Father and Mother jointly, after discussion and consultation with each other, before discussion with the Child. The parties further agree that once a decision is made neither party may unilaterally alter, amend or rescind that decision without the express written consent of the other party. Each parent will have full, complete, and total access to any and all records of whatsoever kind or nature, including without limitation, schooling record, medical records, dental records, and the like. Either parent is free to provide a photocopy of this order to any record holder or any record keeper, as proof of that parent's right to receive such records. 7. Father shall have primary physical custody of the Child during the school year and Mother shall have partial physical custody of the Child during the school year to include alternating weekends from Friday after school (or 8:00 a.m., if school is not in session) until the following Monday at the start of school (or 7:00 p.m., if school is not in session) and each Wednesday after school (or 8:00 a.m., if school is not in session) until Thursday before school (7:00 p.m., if school is not in session). Mother shall further have physical custody of the Child on school in-service days and other Federal Holidays, not otherwise provided for in the holiday schedule set forth in paragraph 9 below, when school is not in session from 8:00 a.m. until 7:00 p.m. Mother shall further have the second Thursday of each Month from October through April from Thursday after school (or 8:00 a.m., if school is not in session) until Friday at 8:00 a.m. (or 7:00 p.m., if school is not in session). 8. Mother shall have primary physical custody of the Child during the summer recess of the school year and Father shall have partial physical custody of the Child during the summer recess to include alternating weekends from Friday at 4:00 p.m. until the following Monday at 8:00 a.m. and each Wednesday at 4:00 p.m. until Thursday morning at 8:00 a.m. 9. The parties agree to the custody holiday schedule attached at Exhibit "A." Unless otherwise stated, the holiday period begins after school on the final day of school before the holiday period until 8:30 p.m. on the last day of the holiday period before school resumes. 10. Father shall have two (2) non-consecutive weeks of vacation with the Child in the summer (to begin on the Friday of Father's weekend). Mother shall have two (2) non- consecutive weeks of vacation with the Child (to begin on the Friday of Mother's weekend). The parties shall provide the other with thirty (30) days notice of his/her vacation dates. In the event the periods of vacation requested by the parties conflict, the party providing the earlier notice shall prevail. 11. Each parent shall be entitled to receive from the other parent, and the other parent shall promptly provide without request, full and complete information concerning the Child's health, education and welfare including information from any doctor, dentist, teacher, school, church, baby-sitterchildcare provider, organization, institution or authority, and copies of all reports and documents including, but not limited to birth records, medical and dental reports and school records and information such as report cards, progress reports, disciplinary reports, schedules of athletic events, including practices and games, and other extracurricular activities, and any other information concerning any out of school activities or functions of the minor Child. If any of the above information concerns dates, times and places of coming events, for the minor Child, it shall be provided immediately to the other parent so that parent will have the opportunity to attend or participate in said activity. 12. The parties must mutually agree that the Child can participate in an extracurricular activity, including but not limited to baseball, before either parent informs the Child or signs up the Child to participate in the activity. The parties are not required to have the Child attend practices, games and other associated activities during their period of custody. 13. It shall be the obligation of each party to make the Child available to the other party in accordance with the physical custody schedule and to encourage the Child to participate with the custody schedule. 14. Neither party shall alienate or attempt to alienate or estrange, or allow others to alienate or attempt to estrange, the affection of the Child for the other party. Each party shall exert every reasonable effort to foster a feeling of affection between the Child and the other party. 15. The parties shall not make and shall prevent third parties from making derogatory comments about the other party in the Child's presence (whether the Child is sleeping or awake) or otherwise harass or interfere with the parties' periods of physical custody. 16. Neither party shall schedule activities or appointments for the Child, which would require the Child's attendance or participation at said activity or appointment during a time when the Child is scheduled to be in the physical custody of the other parent without that parent's express prior approval for each and every activity or appointment on an individual basis. 17. With regard to any emergency decisions, which must be made, the party with whom the Child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However, that party shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature will be the responsibility of the party having physical custody at the time. 18. Transportation for each exchange of custody shall be shared equally by the parties. 19. Each party will give the other party a seven (7) days notice if they plan to take the Child on an overnight trip or out of the state. Further each party will provide the other party a contact number and insure that the other party be able to reach the Child. 20. During any periods of custody, the parties shall not possess or use illegal substances" or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 21. Father shall return the Child to the excelled reading program administered through the Camp Hill School District and shall not remove the Child again without the express written consent of Mother. Mother shall assure attendance during her periods of custody. 22. This Stipulation for Custody shall become effective on August 17, 2014 with the exception of paragraph 21 above, which shall become effective immediately. 23. Until this Stipulation for Custody becomes effective, Mother's every Wednesday evening period of custody set forth in the Stipulation for Custody dated February 10, 2012 shall be expanded to begin Wednesday at 8:00 a.m. and end Thursday at 7:00 p.m. 24. The parties hereby agree that on August 17, 2014,.the Order of Court dated February 15, 2012, incorporating the Stipulation for Custody dated February 10, 2012, shall be superseded by the Order incorporating the terms of this Stipulation for Custody set forth in more detail in the paragraphs above. %NO�e' shall p ro�ide a Cell &Ione -e Cki(d S e'�clvstJc- ose. a5. P ©l s a�� aged o n er win ensure 4 + aiPro Ps i a-i2 paren-Eal £'omi P� the phone_ a-E all ernes fo allow 4bn p Father 0.9 , lud�n gees 4 o not c�cc'�=ss -this phone ' ' Gina Peas©n i nc IciD i at -be-let Corn enJnicA-Lior1s 01' eronil5; IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this the 64*‘ day of -AUG0c I , 2014. EXHIBIT A CUSTODY HOLIDAY SCHEDULE Holidays — Unless otherwise stated, the holiday period begins after school on the final day of school before the holiday period until 8:30 p.m. on the last day of the holiday period before school resumes. Thanksgiving school holiday — Father shall have physical custody of the Child for the school Thanksgiving Break in even -numbered years, alternating with Mother in odd -numbered years. Christmas/New Year's school holiday — Mother shall have physical custody of the Child during Segment A (first half of the school recess), beginning after school on the final day of school in even -numbered years and Father shall have physical custody for the Child during Segment B (the second half of the school recess), until the last day of the holiday period before school resumes. Segments shall alternate in odd -numbered years. Memorial Day and Weekend — Mother will have physical custody of the Child during the Memorial Day holiday and weekend in even -numbered years, alternating with Father in odd - numbered years. 4th of July Holiday — Father shall have physical custody of the Child in even -numbered years and Mother shall have physical custody of the Child in odd -numbered years. The holiday begins at 8 a.m. of the holiday and ends at 8 a.m. the day after the holiday. Labor Day and Holiday Weekend — Mother shall have physical custody of the Child during the Labor Day holiday and weekend in even -numbered years, alternating with Father in odd - numbered years. Easter/Spring Break school holiday — Mother shall have physical custody of the Child in even - numbered years and Father will have physical custody of the Child in odd -numbered years. Mother's Day and Father's Day Weekend — Mother shall have physical custody of the Child on the Mother's Day Weekend and Father shall have physical custody of the Child on Father's Day Weekend. Mother's Day weekend will begin Friday after school until 8:00 a.m. on the Monday following Mother's Day when Mother shall take the Child to school. Father's Day weekend will begin at 5:00 pm on the Friday before the holiday until Monday at 8:00 a.m. Parent's Birthday — Mother and Father shall have physical custody of the Child on their birthdays from 8:00 am, if school is not in session or after school if school is in session, until 8:30 p.m. Child's Birthday — Mother shall have physical custody of the Child on the Child's birthday from 8:00 am, if school is not in session or after school if school is in session, until 8:30 p.m. in even -numbered years and the Father shall have physical custody of the Child on the Child's birthday during the same time in odd -numbered years. In -Service Days and Other Federal Holidays — Mother shall have physical custodial responsibilities on school in-service days and other Federal Holidays when school is not in session from 8:00 a.m. until 8:30 p.m. Vacation — Mother and Father shall schedule their vacations during their periods of primary physical custody. 1,4 GINA WITMER, Plaintiff V. SCOTT WITMER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 10-295 : CIVIL ACTION LAW : IN CUSTODY ORDER AND NOW, on this the day of August 2014, upon review of the foregoing, it is hereby Ordered and Decreed the Stipulation for Custody dated August 6, 2014 is hereby made an Order of Court. Furthermore, the Hearing on the above -referenced matter scheduled to occur on Friday, August 8, 2014 is hereby cancelled. J. Distribution: 1. /fhomas M. Clark, Attorney for the Defendant, 130 W. Church Street, Dillsburg, PA 17019 2. /Marc A. Scaringi, Attorney for the Plaintiff, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 3. Court Administration A C=I C") C..) N.) N) z GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-295 t ; SCOTT WITMER, Defendant/Petitioner CIVIL ACTION- CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF IN CUSTODY'~ 4 AND NOW COMES, Plaintiff/Petitioner, Scott Witmer, by and through his attorney, Thomas M. Clark, Esquire, of Colgan & Associates, LLC, and files the instant Emergency Petition for Special Relief, and in support thereof, avers as follows: 1. Defendant/Petitioner is Scott Witmer(hereinafter"Father"), who currently resides at 107 North 20th Street, Camp Hill, Pennsylvania. 2. Plaintiff/Respondent is Gina Witmer (hereinafter "Mother"), who currently resides at 132 Meadow Woods Lane, Reedsville, Pennsylvania. 3. The parties hereto are the natural parents of Conner Witmer, born in 2003 (age 11). 4. There is presently an Order for Custody with regard to the subject minor child, which was entered by agreement of the parties on August 8, 2014 in Cumberland County, Pennsylvania. A true and correct copy of said Order is attached hereto, made a part hereof and marked Exhibit"A". 5. Said Order grants Father primary physical custody during the school year, subject to Mother's periods of partial physical custody every other weekend from Friday after school until Monday before school and Wednesday after school until Thursday before school. During the summer months, the schedule reverses. cY S. .W �U-&, C-36� �Y2� 6. Father learned in September of 2014 that Mother filed a PFA against her fianc6 (Timothy T. Meyers, a household member) and moved out of the residence they shared. A true and correct copy of the Petition for Protection from Abuse is attached hereto, made a part hereof, and marked Exhibit"B". 7. Mother's petition alleges very serious physical and mental abuse, specifically: During May 2013 to present Tim and I have had muitluple [sic] argument [sic] where either my clothes was [sic] torn, my head was slammed into the floor or walls. I was choked with a scarf while driving down the road. Threatened with knives, sprayed with pesticides and locked in the room to the point of me throwing up from inhalation of pesticides. The incident [sic] have progressively gotten worse. I have become increasable [sic] afraid. Repeatedly Tim has limited my ability to have a phone, a vehicle in which to leave, and has threatened my livelihood. 8. Mother also described two specific incidents of physical abuse, which left her with bruising. 9. When Mother moved out of the residence she shared with Mr. Meyers, she failed to provide Father with her new address. 10. Mother finally provided Father's counsel with her new address on October 6, 2014, via email. 11. It has now come to Father's attention that, without notification to Father, Mother has moved back in with Mr. Meyers and is residing there full time. 12. Father believes Mother is exercising her periods of custody in the residence she shares with Mr. Meyers and that Mr. Meyers is present during these visits. 13. Father is concerned for the child's mental and physical safety during visits which take place in Mr. Meyers' residence. 14. Father further believes Mother has been incompliant with her medication requirements with regard to mental health issues. S 15. Father requests that the Court immediately suspend Mother's overnight custodial periods, pending a psychological assessment of Mother and Mother obtaining safe and appropriate housing for herself and the child. 16. The Court can properly award the relief herein requested pursuant to its powers conferred upon it pursuant Pennsylvania Rule of Civil Procedure 1915.13, which provides: 1915.13. Special Relief. "At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief. The relief may include but is not limited to the award of temporary custody, partial custody or visitation; the issuance of appropriate process directing that a child or a party or person having physical custody of a child be brought before the court; and a direction that a person post security to appear with the child when directed by the court or to comply with any order of the court." WHEREFORE, Father respectfully requests This Honorable Court to Order Mother's periods of overnight custody suspended until further Order of Court. ResP& SOC COS,LLC By: Thomas M. Clark, Esquire Attorney ID# 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated:/'2- /� � EXHIBIT A GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 10-295 CIVIL ACTION LAW SCOTT WITMER, Defendant IN CUSTODY ORDER AND NOW, on this the ? day of August 2014, upon review of the foregoing, it is hereby Ordered and Decreed the Stipulation for Custody dated August 6, 2014 is hereby made an Order of Court. Furthermore, the Hearing on the above-referenced matter scheduled to occur on Friday, August 8, 2014 is hereby cancelled. BY THE RT, J. Distribution: 1. Thomas M. Clark, Attorney for the Defendant, 130 W. Church Street, Dillsburg, PA 17019 2. Marc A. Scaringi, Attorney for the Plaintiff, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 3. Court Administration MCD pi� > Cu < Tine C) riLi 1-10,Fi""4. Marc A. Scaringi i " THE Ftu f rlGaJTAtiY Counsel for Gina Witmer [ �� ll _ M � : 4 Supreme Court ID No. 88346 4 1 Scaringi& Scaringi, PC CUMBERLAND COUNTY 2000 Linglestown Road, Suite 106 PENNSYLVANIA Harrisburg,PA 17110 717-657-7770(o) 717-657-7797(f) marc@scaringilaw.com GIlVA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. , No. 10-295 CIVIL ACTION LAW SCOTT WITMER, , Defendant IN CUSTODY STIPULATION FOR CUSTODY AND NOW COME the Plaintiff, Gina Witmer, and the Defendant, Scott Witmer (hereinafter referred to collectively as the "parties"),who hereby agree and stipulate as follows: 1. Plaintiff, Gina Witmer, (hereinafter"Mother") is the natural Mother of Connor Witmer, born October 4, 2003, Age 10, (hereinafter the"Child") in the above-captioned matter and resides at 132 Meadow Woods Lane, Reedsville, Pennsylvania 17084. 2. Defendant, Scott Witmer(hereinafter"Father"), is the natural Father of the Child in the above-captioned matter and resides at 107 N. 20'' Street, Camp Hill, PA 17011. 3. On or about February 10, 2012, the parties entered into a Stipulation for Custody. 4. On or about February 15, 2012,the Stipulation for Custody was made an Order of Court. 5. The parties intend and agree to enter into a new Stipulation for Custody as set forth in the paragraphs below. 6. The parties hereby agree they shall have shared legal custody of the Child. Legal custody is the decision-making ability about issues of significance in the life of the Child including but not limited to education, extracurricular activities, athletics, summer camp, religious upbringing, medical treatment. The parties agree that decisions concerning legal custody shall be made by Father and Mother jointly, after discussion and consultation with each other, before discussion with the Child. The parties further agree that once a decision is made neither party may unilaterally alter, amend or rescind that decision without the express written consent of the other party. Each parent will have full, complete, and total access to any and all records of whatsoever kind or nature, including without limitation, schooling record,medical records, dental records, and the like. Either parent is free to provide a photocopy of this order to any record holder or any record keeper, as proof of that parent's right to receive such records. 7. Father shall have primary physical custody of the Child during the school year and Mother shall have partial physical custody of the Child during the school year to include alternating weekends from Friday after school (or 8:00 a.m., if school is not in session) until the following Monday at the start of school (or 7:00 p.m., if school is not in session) and each Wednesday after school (or 8:00 a.m., if school is not in session) until Thursday before school (7:00 p.m., if school is not in session). Mother shall further have physical custody of the Child on school in-service days and other Federal Holidays, not otherwise provided for in the holiday schedule set forth in paragraph 9 below, when school is not in session from 8:00 a.m. until 7:00 p.m. Mother shall further have the second Thursday of each Month from October through April from Thursday after school (or 8:00 a.m., if school is not in session) until Friday at 8:00 a.m. (or 7:00 p.m., if school is not in session). 8. Mother shall have primary physical custody of the Child during the summer recess of the school year and Father shall have partial physical custody of the Child during the summer recess to include alternating weekends from Friday at 4:00 p.m. until the following Monday at 8:00 a.m. and each Wednesday at 4:00 p.m. until Thursday morning at 8:00 a.m. 9. The parties agree to the custody holiday schedule attached at Exhibit"A." Unless otherwise stated,the holiday period begins after school on the final day of school before the holiday period until 8:30 p.m. on the last day of the holiday period before school resumes. 10. Father shall have two (2) non-consecutive weeks of vacation with the Child in the summer(to begin on the Friday of Father's weekend). Mother shall have two (2)non- consecutive weeks of vacation with the Child (to begin on the Friday of Mother's weekend). The parties shall provide the other with thirty (30) days notice of his/her vacation dates. In the event the periods of vacation requested by the parties conflict, the party providing the earlier notice shall prevail. 11. Each parent shall be entitled to receive from the other parent, and the other parent shall promptly provide without request,full and complete information concerning the Child's health, education and welfare including information from any doctor, dentist,teacher, school, church, baby-sitter, childcare provider, organization, institution or authority, and copies of all reports and documents including,but not limited to birth records,medical and dental reports and school records and information such as report cards,progress reports, disciplinary reports, schedules of athletic events, including practices and games, and other extracurricular activities, and any other information concerning any out of school activities or functions of the minor Child. If any of the above information concerns dates,times and places of coming events, for the minor Child, it �4 shall be provided immediately to the other parent so that parent will have the opportunity to attend or participate in said activity. 12. The parties must mutually agree that the Child can participate in an extracurricular activity, including but not limited to baseball, before either parent informs the Child or signs up the Child to participate in the activity. The parties are not required to have the Child attend practices, games and other associated activities during their period of custody. 13. It shall be the obligation of each party to make the Child available to the other party in accordance with the physical custody schedule and to encourage the Child to participate with the custody schedule. 14. Neither party shall alienate or attempt to alienate or estrange, or allow others to alienate or attempt to estrange,the affection of the Child for the other party. Each party shall exert every reasonable effort to foster a feeling of affection between the Child and the other party. 15. The parties shall not make and shall prevent third parties from making derogatory . comments about the other party in the Child's presence(whether the Child is sleeping or awake) or otherwise harass or interfere with the parties' periods of physical custody. 16.Neither party shall schedule activities or appointments for the Child, which would require the Child's attendance or participation at said activity or appointment during a time when the Child is scheduled to be in the physical custody of the other parent without that parent's express prior approval for each and every activity or appointment on an individual basis. 17. With regard to any emergency decisions,which must be made, the party with whom the Child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other party in advance. However,that party shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature will be the responsibility of the party having physical custody at the time. 18. Transportation for each exchange of custody shall be shared equally by the parties. 19. Each party will give the other party a seven(7) days notice if they plan to take the Child on an overnight trip or out of the state. Further each party will provide the other party a contact number and insure that the other party be able to reach the Child. 20. During any periods of custody, the parties shall not possess or use illegal substances"or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible,that other household members and/or house guests comply with this provision. 21. Father shall return the Child to the excelled reading program administered through the Camp Hill School District and shall not remove the Child again without the express written consent of Mother. Mother shall assure attendance during her periods of custody. 22. This Stipulation for Custody shall become effective on August 17, 2014 with the exception of paragraph 21 above, which shall become effective immediately. 23. Until this Stipulation for Custody becomes effective, Mother's every Wednesday evening period of custody set forth in the Stipulation for Custody dated February 10, 2012 shall be expanded to begin Wednesday at 8:00 a.m. and end Thursday at 7:00 p.m. 24. The parties hereby agree that on August 17, 2014, the Order of Court dated February 15, 2012, incorporating the Stipulation for Custody dated February 10, 2012, shall be superseded by the Order incorporating the terms of this Stipulation for Custody set forth in more detail in the paragraphs above. as. Alt; _5ka `Ie- acell P6rIE 44, 4hc, Ch('(cl r.toie.r- w iansarz -{- apprcP^ani p.ren+cam( CorT4rC4.s ore- * e4. en �4,ie- ('t cttl -bm,es +v n iiow ft-:+ cloe- cyp;-00;1-eZtP_ e.`or A . F1-L4ie.r ckyve_S L-e nct c'CC-ss 14--5 PlqcnC, ciny i'.ecs0rl tC��kinc ca, _Lzj.et corn 014MiCCk-�ior't.S 0V PrviEk��S; / • a IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on this the d y of WITN S S: A I MER SC TT WITMER EXHIBIT A CUSTODY HOLIDAY SCHEDULE Holidays—Unless otherwise stated, the holiday period begins after school on the final day of school before the holiday period unti18:30 p.m. on the last day of the holiday period before school resumes. Thanksgiving school holiday—Father shall have physical custody of the Child for the school Thanksgiving Break in even-numbered years, alternating with Mother in odd-numbered years. Christmas/New Year's school holiday—Mother shall have physical custody of the Child during Segment A(first half of the school recess),beginning after school on the final day of school in even-numbered years and Father shall have physical custody for the Child during Segment B (the second half of the school recess), until the last day of the holiday period before school resumes. Segments shall alternate in odd-numbered years. Memorial Day and Weekend—Mother will have physical custody of the Child during the Memorial Day holiday and weekend in even-numbered years, alternating with Father in odd- numbered years. 4th of July Holiday—Father shall have physical custody of the Child in even-numbered years and Mother shall have physical custody of the Child in odd-numbered years. The holiday begins at 8 a.m. of the holiday and ends at 8 a.m.the day after the holiday. Labor Day and Holiday Weekend—Mother shall have physical custody of the Child during the Labor Day holiday and weekend in even-numbered years, alternating with Father in odd- numbered years. Easter/Spring Break school holiday—Mother shall have physical custody of the Child in even- numbered years and Father will have physical custody of the Child in odd-numbered years. Mother's Day and Father's Day Weekend—Mother shall have physical custody of the Child on the Mother's Day Weekend and Father shall have physical custody of the Child on Father's Day Weekend. Mother's Day weekend will begin Friday after school until 8:00 a.m. on the Monday following Mother's Day when Mother shall take the Child to school. Father's Day weekend will begin at 5:00 pm on the Friday before the holiday until Monday at 8:00 a.m. Parent's Birthday—Mother and Father shall have physical custody of the Child on their birthdays from 8:00 am, if school is not in session or after school if school is in session,until 8:30 p.m. Child's Birthday—Mother shall have physical custody of the Child on the Child's birthday from 8:00 am, if school is not in session or after school if school is in session, until 8:30 p.m. in even-numbered years and the Father shall have physical custody of the Child on the Child's birthday during the same time in odd-numbered years. In-Service Days and Other Federal Holidays—Mother shall have physical custodial responsibilities on school in-service days and other Federal Holidays when school is not in session from 8:00 a.m. until 8:30 p.m. Vacation—Mother and Father shall schedule their vacations during their periods of primary physical custody. EXHIBIT B PETITION FOR PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE MIFFLIN COUNTY,PENNSYLVANIA O. 1.PLAR47UF Gina R. Witmer Jnme 13.1977 First Middle Last Suffix Plaintiff DOB Plaintiff's Address: PlairdifPs address is confidential or ®Plaintiffs address is: 132 Meadow Wood Lone,Reedsville,PA 17084 V. L DEFENDANT TEnothy T. Meyers First Middle Last suffix DEFENDANT IDENTIFIERS Defendant's Address: DOB 4/19/1962 HEIGHT S it 10 132 Meadow Wood Lane Reedsville, PA 17084 In. SEX Male WEIGHT 220 CAUTION: RACE White EYES Brown Weapon involved HAIR Unknown or Completely Bald ❑Weapon Present on the Property SSN 11 Weapon Requested Relinquished DRIVERS LICENSE N EXP DATE STA E Defardant's piece of employment is:self employed Check hers if you have reason to believe that Defendart is a licensed firearms dealer,is employed by a licensed firearms dealer or marmfacturw.is employed as a writer,mwxcher or technician in the firearm or hunting industry or is required to carry a firearm as a condition of empioymatL 3.I am tiling this Petition on behndf of. ©Mysdf and/or 11 Another Person If you chocked"myself",please answer all questions mfening to yourself as"Plaintiff.If you ONLY checked"another person",please answer all questions referring to that person as the"Plaintiff,and provide your name and address here,as filer,unless confidential. Filer's Name: First Middle Last Suffix Filet's address is confidential or []Filer's address is: ry e;s If you checked"Another Person",indicate your relationship with Plaintifl. r— 'v C rel ;a .ry patent of mirror Plaintiff(s) `n applicant for appointment as guardian ad litem of minor P1aiMiff(s) S f_' —n adult household member with mhwr Plairtift(s) C't e11 � rri rri 11 court appointed guardian of incompetent Plaintiff(s) n co —0 O 0 c A 3 C= 4.Name(s)of ALL prson(s),including minor children,who seek protection from abuse. Gina R.Witmer Cn ~ 5.The relationship between Plaintiff and Defendant is: [ ] sponse or former sponse of Defendant [ ] parent of a child with Defendant [X] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff [ ]child of Defendant [ J family member related by blood(consanguinity)to Defendant [ ] family member related by marriage or affinity to Defendant [ ]sibling(person who shares parenthood)of Defendant Defendant is an adult. 6.Defendant has been involved in a criminal court action. • Defendant is currently on probation/parole. • Defendant is currently on County probation/parole. Description: Center County 7. The following other minor child/ren presently live with Plaintiff: a. Connor M.Witmer Age: 10 years The Plaintiffs relationship to this child is: Mother 8.The facts of the most recent incident of abuse are as follows: On about Friday,September 05,2014 at approximately 11:15AM location: residence On September 5,2014,around 11:15 a.m.,Tim and I got into an argument in the company office at our residence.Two other employees were present.I walked upstairs into the home in order to avoid further confrontation.Tim also went upstairs,I was changing out laundry in the laundry room when Tim came in screaming at me not to fold his clothes.Tim ripped his shirt out of my hands,ripped the laundry basket on the floor,and proceeded to take laundry from the dryer and throw on the floor while Tim was screaming that I was not allowed to use his washer and dryer.I was afraid and walked into garage to retrieved my purse from our car and proceeded to walk down the driveway with the intent of leaving him.Tim started walking after me,screaming in front of the another employees.I continued to walk down the street.A few minutes later Tim drove up to me in his work truck with the employee with him.Tim threatened to call the payroll company to stop my pay check out of my checking account.Once his truck turned the corner I walked quickly back to the house to pack a couple bags to take with me before he came back.I went to my office an noticed Tim had taken the cell phone he had given me,Tim removed and taken the computer.I asked the employee to take me to Mifflin County Regional Police Station.Tim had taken the keys to the car that,we co-own.I filed a police report at Mifflin County Regional and while I was there Tim arrived insisting that he speak with me.I was told that Tim was arrested on assault which was an viation of his probation. Tim and I have had frequent argument that have resulted in physical,verbal,emotional and economic abuse.On September 4,2014, around 4:00 a.m.,Tim and I woke to use the restroom after returning to bed and holding me for a few moments,Tim pushed me away. In order to more over I moved the remote that was on the bed and to tossed his cell phone over by his shoulder.After trying to fall asleep,I deciated to get up and start my day I proceeded to go in the other room.Tim became irate and began yelling at me.Tim followed me around the house. At one point I was sitting in a chair while Tim was yelling at me saying;'why won't you just confronted you have nothing me." You are an ungrateful bitch.Tim told me to leave the residence and threatened to dump the chair I was sitting in on top of me.I reminder him that he pormised not to hurt me again,Tim then walked away.At one point Tim stopped screaming and went into the bedroom to get ready for his day.I followed him into the bathroom and took a shower.During this we exchanged words.Tim said he was leaving.I waited until I saw his truck move and went outside to make sure he was gone,I was going to leave then.However,Tim had pulled the truck back into the driveway away from the view of the master bedroom.Once I saw he was still there I walked back into the house.Tim walked after me into the kitchen.I threw a couple things off the counter(knife,he had threatened me with knives before.I eventually walked toward the bedroom Tim yelled at me and threw a object at my back.I continued into the bedroom crying and Tim followed me.I started packing a few belongings while Tim yelled. Eventually,he began pulling in the backpack on my hands and I held on because I was afraid he was going to hit me.Tim then hold the backpack picked me up and then throw me on the bathroom floor.My arms were bruised and there is a bruise on my lower back.At this point I attempted to please him so that he would stop.An employee arrived and we went on with our day. Approximately two week prior there was an incident that Tim became very angry.Tim ripped my jeans off me,stood on top of me and jumped up and down on me.Tim grabbed my arms and left bruises.Tim chased me around the house with a bat and knife threatened to kill me. The reason I feel that I need to fill this Protection from Abuse Order is for my safety and I'm afraid of Tim. 9.Prior incidents of abuse that Defendant has committed against Plaintiff or the minor children, (including any threats,injuries,or incidents of stalking)are as follows: Tim and I have been together for approximately two years and have lived together since August 2013.During May 2013 to present Tim and I have had muitluple argument where either my clothes was torn,my head was slammed into the floor or walls.I was choked with a scarf while driving down the road.Threatened with knives,sprayed with pesticides and locked in the room to the point of me throwing up from inhalation of pesticides.The incident have progressively gotten worse.I have become increasable afraid.Repeatedly Tim has limited my ability to have a phone,a vehicle in which to leave,and has threatened my livelihood. 10.(a)Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor children? NO (b)Other than the firearms,other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor child/ren,does Defendant,to the best of your knowledge or belief,own or possess any additional firearm,other weapon,ammunition or any firearm license? NO (c)If the answer to(b)above is"Yes",list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition,which is incorporated by reference into this petition. (d)Plaintiff DOES NOT request that the court order Defendant to relinquish firearms,other weapons or ammunition listed on Attachment A to Petition. 11.The sheriff,police department or law enforcement agency that should be provided with a copy of the protection order are: Mifflin County Sheriffs Department Mifflin County Regional Police Department Pennsylvania State Police Department 12.There is an immediate and present danger of further abuse from Defendant. 13.Plaintiff is asking the court to evict and exclude Defendant from the following residence: 132 Meadow Wood Lane Reedsville,PA 17084 Owned By: Timothy T.Meyers 14.FOR THE REASONS SET FORTH ABOVE,I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER,and AFTER HEARING,A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing,threatening,harassing,or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren,either in person,by telephone,or in writing,personally or through third persons,including but not limited to any contact at Plaintiffs school,business,or place of employment,except as the court may find necessary with respect to partial custody and/or visitation with the minor children. d. Order Defendant to pay the costs of this action,including filing and service fees. e. Order the following additional relief,not listed above: Exclude Defendant from Plaintiffs residence and prohibit defendant from attempting to enter any temporary or permanent residence of Plaintiff: f. Grant such other relief as Plaintiff requests and/or the court deems appropriate. g. Order the police,sheriff or other law enforcement agency to serve Defendant with a copy of this petition,any order issued,and the order for hearing.Plaintiff will inform the designated authority of any addresses,other than the Defendant's residence,where Defendant can be served. VERIFICATION I verify that I am the petitioner as designated in the present action and that the facts and statements contained in the above petition are true and correct to the best of my knowledge. I understand that y false statements are made subject to the Penalties of 18 Pa.C.S.A. §4 relating to unsworn falsification to authorities igna Date PFAD Number:FQ5648039B GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2010-295 SCOTT WITMER, Defendant/Petitioner CIVIL ACTION - CUSTODY VERIFICATION I, Scott Witmer, hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: December 18, 2014Scott f� W/twv- Scott Witmer, Petitioner GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2010-295 SCOTT WITMER, Defendant/Petitioner CIVIL ACTION- CUSTODY CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire, do hereby certify that on this date, I served a true and correct copy of the Petition for Emergency Custody, upon the following individual, via facsimile and Regular U.S. Mail, as follows: Marc A. Scaringi, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 COLG & ASS CIATES,LLC By: Thomas M. Clark, Esquire ID # 85211 130 West Church Street Dillsburg, PA 17019 (717) 502-5000 Dated: 1-2-115 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 02/07 GINA WITMER, IN THE COURT OF COMMON PLEAS Plaintiff /Respondent : CUMBERLAND COUNTY, PENNSYLVANIA rte, Cry v. NO.2010-295 �r�i —' Z'''S r `r SCOTT WITMER, z =� V, [— SCOTT _r Defendant/Petitioner CIVIL ACTION - CUSTODY r- z `° `_' C: -. 4 C. CRIMINAL RECORD/ABUSE HISTORY VERIFICATION 1, Scott Witmer, hereby swear or affirm, subject to 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 member of my household has been convicted or has pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to 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 all Crime Setf Other Date of 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) ' 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 0 Sentence 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 03/07 Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. §2903 (relating to false imprisonment) o 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 0 18 Pa.C.S. 43121 (relating to rape) 0 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) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. 63123 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 0 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.5. §4302 (relating to incest) 0 0 0 0 Sentence 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 04/07 Check all Crime Self Other Date of That household conviction, • apply member sulky plea, no contest plea or pending charges ❑ 18 Pa.C.S. 44303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 0 ❑ (relating to endangering welfare of children) ❑ 18 Pa.C.S. §430S 0 C1 (relating to dealing in infant children) 0 18 Pa.C.S. §5902(b) 0 ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. §5903(c) or (d) 0 0 (relating to obscene and other sexual materials and performances) O 18 Pa.C.S. §6301 0 ❑ (relating to corruption of minors) CI 18 Pa.C.S. §6312 0 0 (relating to sexual abuse of children) O 18 Pa.C.S. §6318 0 0 (relating to unlawful contact with minor) 0 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) O 23 Pa.C.S. § 6114 0 ❑ (relating to contempt for violation of protection order or agreement) O Driving under influence of 0 0 drugs or alcohol Sentence 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 05/07 Check all Crime Self Other Date of That household conviction, apply member guilty plea, no contest plea or pending charges ❑ Manufacture, sale or delivery, ❑ 0 holding, offering for sale or possession of any controlled substance or other drug or device Sentence 2. Unless Indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following_ Check all That apply 0 0 A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction. Self Other household member 0 Abusive conduct as defined under the Protection from ❑ 0 Abuse Act In Pennsylvania or similar statute in another jurisdiction. Involvement with a Children & Youth Agency or similar ❑ 0 agency in Pennsylvania or another jurisdiction. Where?: 0 Other: 0 0 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: Date 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 06/07 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: 6. State whether you or any member of your household was provided services by a child welfare agency (eg. County Children, Youth and Families agency). If yes, please indicate: a. The individuals that received services: b. The type of services provided: c. The circumstances surrounding the provision of services: d. The time frame during which the services were or are being provided: e. The jurisdiction or location where services are being or were provided: 12/19/2014 11:52 7175025050 COLGAN ASSOCIATES PAGE 07/07 I verify that the information above is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 44904, relating to unsworn falsification to authorities. Date: Dprember 19, 2014 Scot /7': Signature Scott H. Wilmer Printed Name GINA WITMER, v. • IN THE COURT OF COMMON PLEAS Plaintiff /Respondent CUMBERLAND COUNTY, PENNSYLVANIA • NO. 2010-295 SCOTT WITMER, • Defendant/Petitioner •CIVIL ACTION - CUSTODY ORDER // 'L AND NOW, this the day of �Gg e7�/L., 2014 it is hereby o. , •- ORDERED t rther ko•ed. - €4,..10/4/ -.Q1dei-ef--6®urt. A hearing, shall be sc��ar ..p,® tssii dateG a . the / (: o o a• rvt . t- 3. allegations—mitair ed.ig-P BY THE COURT, J. tribution: omas M. Clark, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 Marc A. Scaringi, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 A CzYpt'es /92-4t /9//9 Frank C. Sluzis, Esquire Supreme Court ID No. 43829 Counsel for Gina Witmer Respondent Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (o) 717-657-7797 (f) marcrd),scaringi l aw. com frank@scaringilaw.com 10 251 DEC 22 PH 2: 38 CUMBERLAND' COUNT Y PENNSYLVANIA GINA WITMER, Plaintiff v. SCOTT WITMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, • PENNSYLVANIA • No. 10-295 • . CIVIL ACTION LAW • IN CUSTODY ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 AND NOW, comes the above-named Respondent, Gina Witmer, by and through her counsel, Marc A. Scaringi, Esquire and Frank C. Sluzis, Esquire, Scaringi & Scaringi, P.C., and respectfully responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further answer, Petitioner appeared at the PFA hearing between Respondent and Mr. Meyers and stated his wish to testify for Mr. Meyers. Respondent believes and therefore avers that Petitioner has a history of meddling and disruptive behavior with regard to Respondent's private matters and inserting himself into this unfortunate PFA matter was an example of such. 7. Admitted. By way of further answer, Respondent and Mr. Meyers have reconciled from this unfortunate situation and have been able to resolve their former differences. Further, Respondent and Mr. Meyers have taken proactive action to prevent any further unpleasantness by Respondent enrolling in and participating in Counseling and Mr. Meyers enrolling in and participating in Anger Management Counseling. Further, no former unfortunate conflict behavior was ever demonstrated in the presence of the Child. 8. Admitted. 9. Denied. Respondent informed Petitioner on November 16, 2014 by email that she was returning to her Reedsville home. (A true and correct copy of the email between Gina Witmer and Scott Witmer of November 16, 2014 is attached hereto, made a part hereof, and marked as Exhibit "A") 10. Admitted. 11. Admitted in part and denied in part. It is admitted that Respondent is residing at the home she shares with Tim Meyers with whom she has had a long-standing relationship. It is denied that Respondent failed to provide Petitioner notice of her resumed residency in the home she shares with Tim Meyers, as Respondent notified Petitioner by email on November 16, 2014 of her relocation to the Reedsville home. See: Exhibit "A" 12. Admitted. 13. Respondent has no way of knowing Petitioner's veracity for his stated concern for the Child's mental or physical safety. By way of further answer, Respondent has recently been in contact with the school counselor and was assured the Child displays healthy mental tendencies when Respondent asked the Child's school counsel, "How do you think Connor is doing in general emotionally speaking? ", the Child's school counselor, Wendi Welby, responded in an email to Respondent on December 16, 2014 stating that the Child is "doing well and typically seems happy. During group he interacts well with the other group members. He also openly participates, but hasn't shared anything that concerns me." The school counselor further stated in an email to Respondent on December 15, 2014, regarding a "feelings card game" that "Connor seemed comfortable sharing and didn't seem to have trouble thinking of situations for each feeling." (A true and correct copy of the email string between Gina Witmer and Wendy Welby of December 16, 2014 is attached hereto, made a part hereof, and marked as Exhibit "B".) By way of further answer, Respondent believes Petitioner is being disingenuous when he avers that the Child may be physically harmed by being in Tim Meyers company as Respondent has interacted socially with Mr. Meyers and has invited Mr. Meyers to be in his and the Child's presence when he invited to meet Mr. Meyers at a car show he and the Child were attending. (A true and correct copy of the email string between Scott Witmer and Tim Meyers of October 16, 2014 is attached hereto, made a part hereof, and marked as Exhibit "C".) By way of further answer, Respondent believes and therefore avers that the Emergency Petition for Special Relief filed by Petitioner is in retaliation of a recent domestic relations ORDER assessing Mother a lesser amount of Child Support. 14. Denied. Mother, upon the recommendation of her physician, ceased taking medication three (3) years ago, which was noted in the parties' Custody Evaluation prepared by Dr. Kasey Shienvold of January 6, 2012, page 7. (A true and correct copy of the Custody Evaluation prepared by Dr. Kasey Shienvold of January 6, 2012 is attached hereto, made a part hereof, and marked as Exhibit "D".) By way of further answer, Respondent believes and therefore avers that Respondents knowingly untrue and/or misleading statement is meant to defame Respondent and place her in an unfavorable light before this Honorable Court. 15. Respondent denies Petitioner's characterization of the need for either a Psychological Assessment or the need for alternate housing as Respondent's current housing is both safe and appropriate for herself and her Child. 16. Paragraph 16 states a legal conclusion to which no response is required. WHEREFORE, the Respondent prays this Honorable Court dismiss Petitioner's Petition for Emergency Relief. Date: P/2-:11 submitted . Sluzis, Esquire e Court ID No. 43829 sel for Gina Witmer Respondent Scaringi & Scaringi, PC 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (o) 717-657-7797 (f) GINA WITMER, Plaintiff v. SCOTT WITMER, Defendant . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, . PENNSYLVANIA . No. 10-295 . CIVIL ACTION LAW •IN CUSTODY VERIFICATION I, Gina Witmer, hereby certify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, elating to unsworn falsification to authorities. Date Pizz-hy GINA WITMER, Plaintiff v. SCOTT WITMER, Defendant . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10-295 . CIVIL ACTION LAW . IN CUSTODY CERTIFICATE OF SERVICE I, Amy M. Brady, Paralegal, Scaringi & Scaringi, P.C., hereby certify that I am this day serving a copy of the ANSWER TO EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1915.13 upon the person and in the manner indicated below: Via Facsimile (717) 502-5050 AND FIRST CLASS MAIL Date: datopol2e,t,o?d, 020/ Thomas M. Clark, Esquire Colgan & Associates, LLC 130 W. Church Street, Suite 100 Dillsburg, PA 17019 And by hand -delivery to: The Honorable Edward E. Guido Amy NJBrady, Parale Frank C. Sluzis, Esquire EXHIBIT A Amy M. Brady From: Gina Witmer <gina.witmer@gmail.com> Sent: Friday, December 19, 2014 12:06 PM To: Amy M. Brady Subject: Fwd: Gina, Can you please have Connor call me. I'm at my parents (273-2395) and don't have your number. I called his phone but can't connect. Thanks. Scott If you scroll to bottom you will see where I told Scott I was moving to Reedsville. Also Scott has refused to meet halfway for transportation of Conor as court order dictates because he claims when Connor is in school no one has custody of Connor therefore equal transportation does not apply however it does and previous practice was for is to share transport picking him up in newport. He decided to stop that when I left Tim for his convenience Forwarded message From: Scott Witmer <breezley3gmsn.com> Date: Sunday, November 16, 2014 Subject: Gina, Can you please have Connor call me. I'm at my parents (273-2395) and don't have your number. I called his phone but can't connect. Thanks. Scott To: Gina <gina.witmerc grnail.com> Thanks Gina. I left a message at 8:00 last night since that's the time Connor asked me to call. When I talked to him on Friday he said he was having a good time with you and he was looking forward to Grant's party - thank you for taking him! Scott Date: Sun, 16 Nov 2014 21:30:09 -0500 Subject: RE: Gina, Can you please have Connor call me. I'm at my parents (273-2395) and don't have your number. I called his phone but can't connect. Thanks. Scott From: gina.witmer@gmail.com To: breezley3(cr�,msn.com. Scott My phone does not show record your attempted call yesterday. Im glad you got his phone call yesterday at your parents. He had a full week with me we had fun. Also I will be moving to ReedsviM Connor is also bringing his insurance card home. On Nov 16, 2014 9:26 PM, "Scott Witmer" <breezley3@msn.com> wrote: 2 more. Please let Connor call before school tomorrow. Thanks. Scott From: breezley3(Lmsn.com T Called your phone and left message. Please listen to message and have Connor call tonight. Grammy, Grandpa and I really want to talk with him. Thanks. From: breezley3@msn.com To: gina.witmer@gmail.com Subject: RE: Gina, Can you please have Connor call me. I'm at my parents (273-2395) and don't have your number. I called his phone but can't connect. Thanks. Scott Date: Wed, 12 Nov 2014 05:58:41 -0800 Thanks Gina. I'll call him at your number tonight. I will probably be hunting when he gets out of school. Date: Wed, 12 Nov 2014 08:41:29 -0500 Subject: Re: Gina, Can you please have Connor call me. I'm at my parents (273-2395) and don't have your number. I called his phone but can't connect. Thanks. Scott From: gina.witmergmail.com To: breezley3gmsn.com I can have him call you after school. For future reference my number is 717-437-2890 On Nov 11, 2014 8:18 PM, "Scott Witmer" <breezley3@msn.com> wrote: EXHIBIT B Amy M. Brady From: Gina Witmer <gina.witmer@gmail.com> Sent: Friday, December 19, 2014 11:57 AM To: Amy M. Brady Subject: Fwd: Changing Families Group Below please find email from school counselor. I have requested updates of Connors participation in the support group at school for children with split homes Forwarded message From: Wendi Welby <WWelbyncamphillsd.k12.pa.us> Date: Thursday, December 18, 2014 Subject: Changing Families Group To: Gina Witmer <gina.witrner@ gmail.com> Hi Gina, I think he is doing well and typically seems happy. During group he interacts well with the other group members. He also openly participates but hasn't shared anything that concerns me. Have a good evening! Wendi From: Gina Witmer <gina.witmer@gmail.com> Date: Tuesday, December 16, 2014 7:04 AM To: Wendi Welby <wwelby@camphillsd.k12.pa.us> Subject: Re: Changing Families Group Thank you Wendi How do you think Connor is doing in general emotionally speaking? On Monday, December 15, 2014, Wendi Welby <WWelby@camphillsd.k12.pa.us> wrote: Good evening, During Connor's group on Friday, the students played a feelings card game (similar to Go Fish). Each time a student got a match he/she shared a time he/she felt that way recently. If the feeling was an uncomfortable one, the student shared a coping strategy. Connor seemed comfortable sharing and didn't seem to have trouble thinking of situations for each feeling. Thanks for your support! Wendi Welby EXHIBIT C Amy M. Brady From: Gina <gina.witmer@yahoo.com> Sent: Friday, December 19, 2014 11:58 AM To: Amy M. Brady Subject: Fwd: Various Email from Scott to Tim inviting him to car show with him and Connor Sent from my iPhone Begin forwarded message: From: Tim <stopthebugs@comcast.net> Date: December 5, 2014 at 4:50:58 PM EST To: Gina Witmer <gina.witmer@yahoo.com> Subject: Fwd: Various Sent from my iPhone Begin forwarded message: From: Scott Witmer <breezley3 &,msn.com> Date: October 16, 2014 at 8:44:59 PM EDT To: "stopthebugs@comcast.net" <stopthebugs@comcastmet> Subject: RE: Various Hey Tim, Take some deep breaths, relax and be thankful that you have calm in your life now. Connor and I are doing fine. I was thinking about the Car Show today and if Connor is with me, we'll probably go. Was the PFA dismissed? If so, Connor and I could plan to see you there. Scott > From: stopthebugs(cOomcast.net > Subject: Various > Date: Thu, 16 Oct 2014 19:54:30 -0400 > To: breezley3@msn.com > Scott, > How are things....I haven't been doing anything except concentrating on business. > I hope all is well for you and Connor. > I have been beating myself up about these issues with Gina, hoping I wasn't the weak link as she has suggested. This past week has been an emotional mess for EXHIBIT D I Riegler • Shienvold & Associates CUSTODY EVALUATION SCOTT H. WITMER v GINA R. WITMER Referred By: Court Order Elliot Riegler, Ph.D. (1948-1999) Arnold T. Shienvold, Ph.D. Melinda Eash, MS James Eash, LSW Bonnie Howard, Ph.D. Amy K. Keisling, ACSW, LCSW Jeffrey Pincus, Ph.D. Ann Vergales, ACSW, LCSW Kasey Shienvold, Psy.D., MBA Shanen Turk -Geller, LCSW John Sivley, LCSW, CAC Janet Frankel Staub, LCSW, QCSW Referral Reason: To conduct a comprehensive custody evaluation and to make recommendations regarding the most appropriate custodial placement for Connor Matthew Witmer (DOB 10/04/03). Individual Interviews: Scott Witmer 02/07/11, 02/14/11, 02/22/11, 03/23/11, 10/25/11 Gina Witmer 02/07/11, 02/22/11, 03/08/11, 04/05/11, 05/10/11, 11/02/11 Connor Witmer 03/09/11, 03/22/11, 10/25/11 Katie Witmer 03/22/11 Psychological Testing: Minnesota Multiphasic Personality Inventory -2 (MMPI -2) Scott Witmer Gina Witmer State -Trait Anger Expression Inventory -2 (STAXI-2) Scott Witmer Gina Witmer Millon Clinical Multiaxial Inventory — III (Millon) Scott Witmer Gina Witmer 2151 L'glestown Road, Suite 200 • Harrisburg, Pennsylvania 17110 • (717) 540-1313 • Fax: (717) 540-1416 www.rieglershienvold.com Witmer v. Witmer Page 2 of 19 Parenting Stress Index (PSI) Scott Witmer r Gina Witmer Child Behavioral Checklist (CBCL) Scott Witmer Gina Witmer In Office Observations; Each parent was observed interacting with Connor in the evaluator's office. Home Visits: Each parent's, residence was evaluated for safety concerns and each parent was observed interacting with Connor in the home setting. Additional Information: DVD frog rScott Witmer entitled, "Scott Witmer, Connor Witmer, Witmer Family Photos." 2. DVD from Steve Witmer entitled, "Connor Witmer, Witmers at the Beach 2011." 3. Numerous email exchanges between Scott and Gina, copied to Dr. Shienvold. Several emails from Scott to Dr. Shienvold.. Several emails from Gina to Dr. Shienvold. 4. Document from Scott entitled, "Chronic Concerns Regarding Gina Witmer and Custody of Connor Witmer." 5. Document from Scott entitled,"Connor Witmer Custody and Contempt 11-19- 2010." 6. Letter dated October 19, 2011 from Scott Witmer and Gina Witmer'to GMAC requesting expedited processing of a Formal Assumption of loan #0381001182. 7. Email dated November 22, 2011 to Dr. Shienvold from Dorothy and Benjamin Witmer. 8. Order dated January 13, '2011 from the Commonwealth of Pennsylvania Department of Public Welfare regarding the Appear of: S.W. In re: K.W., CL No 210008049, Docket No. 021-10-0477, Child Abuse Expunction. 9. Document of a timeline of Gina's life. The document headings are "Interim Pivotal Events and Emotional Beats." Witmer v. Witmer Page 4 of 19 22. West Shore School District Consent for Release of Information for Connor dated 8/10/10 and signed by Gina Witmer. The release is requesting that the records from the Kindergarten Academy in Mechanicsburg School District be forwarded to the Registration Office of West Shore School District. 23. Letter dated 5/12/10 from Mark Leidy Ed.D., Assistant Superintendent for Academics of Mechanicsburg Area School District, to Gina Witmer. The letter is granting permission for Katie and Connor to remain enrolled at Mechanicsburg • Area School District for the remainder of the 2009-2010 school year as requested by Gina. 24. Kindergarten Academy Progress Report for Connor Witmer. 25. Various school papers/records for Connor from Camp Hill School District. 26. Various school papers/records for Connor from West Shore School District. 27. Medical records for Connor Witmer from Heritage Pediatrics. 28. Medical records for Scott Witmer from the VA Medical Center in Lebanon, PA. 29. Medical records for Gina Witmer from Holy Spirit Behavioral Health Center. 30. Records from Northbay Medical Center for Connor Witmer. 31. Parenting Reference Form from Steve Witmer, Scott's younger brother. Steve reports seeing Scott approximately every two weeks and has not seen Gina since Thanksgiving of 2010. Steve reports that he always related well to both Scott and Gina and that he has played mediator several times when things were not going well. "Both could have stories that could be questionable." " I don't believe that either Scott or Gina have a good grasp on how to build a solid marriage. The turmoil their relationship has seen will have negative effects on Katie and Connor down the road." I believe that Scott and Gina have a genuine love for their children and both want to do what they feel is right for their children. I question both of their judgment at times. Scott can express his disapproval and frustration in an outburst of "not so nice words" but does not believe that Scott could take it further to physically hurting someone as he has never seen any signs of physical abuse on Gina or the children. Scott and Gina have things to learn about how to create a nurturing environment. Scott has a better head on his shoulders and has a good support system of family who all care for Connor. Scott can give Connor a foundation of love, care and stability. Witmer v. Witmer Page 5 of 19 32. Parenting Reference Form from Miranda Joy Miller. Miranda sees Gina one to three times per month and Scott one to two tunes per year. Miranda has known Connor and Katie for five years and babysat for Connor from January 2010 through June 2010. Gina involved the children with the painting and decorating of her home to create a home that is warm and inviting. She spent time creating a space that is comfortable so the kids feel at home. Gina has helped and guided her children to be independent. She loves them and would do anything in her power to protect them. Gina and the children have a very open and caring relationship. She expects them to be respectful, obedient and polite. Miranda believes that Gina is the parent who can best meet the needs of the children. 33. Parenting Reference Form from Stephanie Hendricks. Stephanie is Steve Witmer's significant other. Stephanie sees Scott on a monthly basis and Gina once or twice a year since their separation. Scott is very attentive and his discipline is appropriate and non-physical. He very caring and eager to be actively involved. Stephanie believes that Scott is best equipped to give Connor the care and support that he needs. 34. Parenting Reference Form from Gloria Lauck. Mrs. Lauck is Gina Witmer's mother. Mrs. Lauck sees Gina one to two times per year. Gina gives the kids stability, discipline and affection. Mrs. Lauck believes that Gina can best meet the needs of the children. Scott is an alcoholic and it has always been an issue in the marriage. There were times he would hide bottles in the house when he claimed to have stopped drinking. Mrs. Lauck has not observed any physical abuse by Scott but states that he is emotionally abusive. The only parenting .strength that Mrs. Lauck sees in Scott is monetary and "he plays with Connor like another kid would." Mrs. Lauck states that Scott "comes off as intelligent and nice, but is very manipulative." 35. Parenting Reference Form from John Witmer. John is Scott's brother. He sees Scott and Connor twice a month. Scott's home is safe and loving and Scott provides security and fun. The home is clean and in a safe neighborhood. Scott cares deeply and is very concerned about his son's future. Connor is a happy and well-balanced kid who "plays well with my kids". Scott is the best parent to meet Connor's needs as he can provide structure and a level-headed environment. When Scott spends time with Connor these days he sometimes behaves as Connor's buddy more than his dad. I have seen him discipline Connor but most of the time he is trying to be super nice. I'm sure that he would be more fatherly, if he were to see Connor all of the time. I don't feel that Gina is at all qualified to be a parent. Witmer v. Witmer Page 6 of 19 36. Parenting Reference Form from Dorothy Witmer. Mrs. Witmer is Scott's mother. She sees Scott weekly and sometimes more often. She sees Gina only occasionally. Scott keeps a tidy home and was responsible for doing so when he and Gina lived together. During the past year I have had many opportunities to observe Connor and Scott together. They have a wonderful, joyous relationship playing games, building things together and enjoying outdoor activities. Mrs. Witmer believes that Scott is the most responsible parent who can best meet Connor's needs. Gina's temperament does not allow her to be tolerant and accepting. Those who live within her sphere must be controlled. My experiences with Gina have shown me a narcissistic and controlling person who puts herself and her needs first. She changes the rules to get her way, including the rulings of the Court. The recommendations at the conclusion of this report are made within a reasonable degree of psychological certainty and based on all of these sources of information as well as the relevant peer -accepted literature on child custody. Analysis: Scott and Gina Witmer currently share legal custody of their son, Connor Witmer. Gina is currently the primary physical custodian and Scott has periods of partial custody on alternating weekends from Friday evening until Sunday evening. The parties initially separated in November 2009 following allegations that Scott had sexually molested the parties' older daughter, Katie. From November 2009 until January 2011 Scott's visits -were supervised by his parents as a result of the allegations. Scott's records were reportedly expunged in January 2011 and his visits were allowed to continue unsupervised. Scott is petitioning the Court for a change in the current custodial relationship. He expressed the belief that Connor's best interests are met by a custodial relationship in which Connor spends a majority of the time with him and sees Gina on alternating weekends. Scott expressed several concerns about Gina which he believed impacts her ability to effectively parent Connor on a primary basis. Scott expressed concerns about Gina's mental health and emotional stability. He claimed that she has been diagnosed with Bipolar I Disorder and she also has a history of suicidality. Scott noted that Gina was often emotionally over -reactive during their relationship, becoming overly harsh and violent towards him and the children on multiple occasions. He claimed that she has admitted to physical mistreatment of Connor in the past and that Katie has complained about her mother's mistreatment of her as well. Scott alleged that Gina has very clouded judgment and she is irrational in handling the coparent relationship. He claimed that she makes it very difficult for him to talk to Connor when he is under her care and that she intentionally attempts to block him Witmer v. Witmer Page 7 of 19 from having any contact with him other than his allotted custody periods. He stated that Gina has brought Katie to Connor's functions (i.e. — soccer games) as a means of preventing his attendance (and interacting with Connor), explaining that Katie has a PFA against him and that he is not allowed to be in the same location as her. Scott copied the evaluator on numerous emails to Gina in which he is questioning Gina's reasoning for not allowing phone contact. According to the communications, Scott purchased Connor a digital phone with FaceTime capabilities to allow video communications as well. Scott expressed concerns about Gina's ability to meet Connor's needs during her periods of physical custody. He noted that Gina had to leave her employment to care for Katie because of her mental health and medical concerns. According to Gina, Katie is suffering from daily seizures and is unable to be left alone. Katie is no longer able to function in the classroom and has to be homeschooled as well. Scott indicated that Katie's high needs make it difficult for Gina to provide Connor with the attention and parenting he needs. He claimed that she has a difficult time getting him to his activities consistently and she does not allow Scott to help with transportation to and from Connor's activities. Furthermore, Scott claimed that Connor has reported that Gina occasionally leaves him home alone with Katie. He expressed significant concern about .Connor's safety at those times. Scott also expressed worry about Katie's relationship with Connor. He alleged that Gina has informed him on more than one occasion that Katie was physically hurting Connor. He claimed that Gina sent Katie to live with her mother in California in the summer of 2010 because she was unable to control Katie and she was being physically aggressive with Connor. He added that Gina has made statements about relinquishing custody of Katie in the past out of frustration. Gina admitted that she has been diagnosed with Bipolar Disorder and she has tried numerous different treatment modalities throughout the years. However, she denied that her mental health issues negatively impact her parenting of the children. She claimed that she has been able to stop the medications successfully in April 2011 at the advice of her psychiatrist, Dr. Sullivan. She expressed a belief that much of her emotional instability was the result of the physical and emotional abuse she suffered through her marriage to Scott. A psychological evaluation of Gina performed in 2004 raised several concerns about her ability to effectively and realistically perceive her environment and make appropriate relationship judgments: Furthermore, it is suggested that Gina's anger has a tendency to undermine her judgment and her relationships. Progress notes and a therapeutic summary provided by Beth Foster, LPC, indicated significant progress in Gina's individual therapy. There was evidence of ongoing problems with fears and depression, but no evidence of any manic episodes in the previous three years. Gina admitted that she has used physical discipline in the past with her children and that she loses her temper on occasion. However, she denied ever abusing either of her children and she reported that physical discipline (i.e. — spanking or slapping) has always been used as a last resort. Katie described her mother as impatient. She stated that she has Witmer v. Witmer Page 8 of 19 been afraid of her in the past because of her quick temper and her history of slapping her. She noted that her mother gets into arguments over "very little things" and that she appears angry much of the time. Connor reported that his mother and Katie argue frequently at which time he goes to his room to avoid hearing their arguments. He added that his mother yells at him when he misbehaves and sends him to his room. He claimed that his mother has not slapped him "in a long time." Gina admitted that she does not eagerly facilitate Scott's discussions with Connor during her custody time. She claimed that Scott frequently speaks inappropriately to Connor on the phone about the custody situation or about Katie and the allegations. She added that Connor is often agitated or asking questions about custody following those conversations and that the easiest way to avoid his exposure to the negative content is to deny the phone calls. Gina further admitted that Scott is not allowed to attend Connor's events if Katie is present. She stated that Katie and Connor share an extremely close . relationship and that Katie enjoys attending Connor's sports practices and games. She reported that she notified Scott in advance of Katie's attendance to avoid the potential for a PFA violation. Gina acknowledged that she left her job as a Therapeutic Staff Support to stay home because Katie requires constant care and supervision. Katie began having seizures in the fall and was seen at the Children's Hospital of Philadelphia in November 2011. The evaluation revealed that she is suffering from nonepileptic seizures related to Post Traumatic Stress Disorder. It was recommended that she receive psychotherapy and possible biofeedback to treat her diagnoses. The neurologist did not believe medication would be beneficial for the seizures. She has frequent falls and injuries as a result of her seizures. Gina and Katie each admitted that Katie went through a stretch of time from November 2009 until the end of the summer in 2010 in which she did not interact well with Connor. She acknowledged that she was inappropriate with him on occasion and disrespectful in her mother's attempts to discipline her. However, they each described a close and loving relationship currently between the siblings. Connor, too, described a close bond with his sister and expressed worries about her current medical and mental health problems. He stated that he enjoys spending time with her, that she is very nice to him and easy to talk too. Furthermore, Katie and Connor interacted naturally and effortlessly during the observation at Gina's home and they demonstrated a healthy bond with one another. Gina expressed a belief that a change in custody such that Scott was the primary physical custodian of Connor was not in the child's best interests. Initially, she expressed that she was content with a shared custodial arrangement but later indicated a desire to limit Scott's time with Connor and potentially relocate with the children to California to be nearer to her family support network. She expressed several concerns about Scott, which she believes limits his effectiveness at meeting Connor's needs and best interests. Witmer v. Witmer Page 9 of 19 Gina expressed concern about Scott's alcohol use. She claimed that he was an alcoholic through a majority of their marriage and that he failed to cease drinking on multiple occasions. She added that Scott had a tendency to black out, failing to remember the events that took place, when he drank too much. She claimed that he went to rehabilitation centers in California as well as Pennsylvania to address his alcohol use. She added that the military also sent him for alcohol treatment. Gina noted that Scott's drinking caused frequent problems in their marriage and led to multiple separations. She claimed that there were frequent altercations which became physical when he was intoxicated and that she moved into a women's shelter on one occasion in order to feel safe from him. She alleged that Scott threatened her with a gun on one occasion and that he kept more than 20 guns in the home. She noted that, since the separation, Scott continues to harass her by calling her more than 1000 times in a ten month period. Furthermore, she claimed that Scott is threatening and intimidating at exchanges when he does not get his way. She noted that he has climbed into her car and invaded her personal space while talking disparagingly to her in front of Connor. Gina stated that Scott frequently tells Connor inappropriate things about Katie and about the custody disputes. She stated that Connor is under the impression that he can choose where he lives and has asked her why she does not want his father to see him. Furthermore, she alleged that Connor has asked why Katie would lie about his father hurting her. She claimed that Connor is now very confused and feeling an incredible amount of stress. She expressed significant fear that if Scott obtained custody of Connor, it would seriously damage Connor's relationship with her as well as his relationship with Katie. Gina indicated that she believes that Scott sexually molested Katie from 2003 until 2009. She claimed that Katie was initially hospitalized in the summer of 2009 following a sexual assault at a music camp. She noted that Katie initially claimed that she was also raped by a delivery man at the house prior to confessing her victimization at the hands of Scott. Gina noted that Katie has never deviated from her story about Scott and that Children and Youth Services determined that the abuse likely happened following their investigation. She admitted that Scott was never charged with a crime because he passed two polygraphs related to the allegations and that Scott has never admitted to any wrongdoing. Gina indicated that awarding Scott increased custody time with Connor would be significantly damaging to Katie. She expressed a belief that Katie's symptoms and seizure activity intensified following Scott's records being expunged for the sexual abuse. She claimed that rewarding him with increased custody of her brother would only intensify her belief that he "got away" with it and further create emotional duress for her. Gina denied any real fears of Scott perpetrating sexual violence towards Connor. Scott admitted to a long history of alcohol abuse which began during his first marriage. He further acknowledged that he had several failed attempts at sobriety during Witmer v. Witmer Page 10 of 19 the parties' relationship. However, he claimed that he has not had any relapses since the summer of 2009 and he has been completely sober since that time. Scott agreed with Gina that his drinking led to frequent arguments and was the impetus for at least two of their separations during the marriage. However, he denied ever perpetrating any violence towards her or the children. He denied ever hitting her but he acknowledged that she had hit him on more than one occasion. Furthermore, Scott denied ever threatening Gina with a gun. He admitted that he owns a lot of guns but that he always keeps them locked in his basement. Scott admitted to frequent attempts at trying to contact Gina by telephone or email. He claimed that his contacts were the result of Gina's tendency to ignore his requests for contact with Connor and her unwillingness to allow him his Court Ordered periods of custody. He claimed that he went nearly six custodial weekends without seeing Connor because Gina refused him custody. Scott denied threatening Gina at exchanges or intimidating her intentionally. He admitted that they have argued in front of Connor at exchanges. Scott denied having inappropriate conversations with Connor about custody or about Katie. He stated that Connor frequently asks him why he cannot see him more. Scott admitted that he struggles to answer that question and he has told Connor that he is trying to spend more time with him. Furthermore, Scott admitted that he asks Connor how Katie is doing but he does not discuss with him the allegations of abuse or speak disparagingly about Katie with Connor. He expressed an understanding of the importance of Connor's relationship with Katie and he noted that he does not want to hurt Connor by talking about Katie. Scott vehemently denied any inappropriate sexual behavior towards Katie. He claimed that Katie initially accused a delivery man of raping her at the house prior to alleging that he was molesting her routinely for a period of six years. He stated that he has passed multiple polygraphs about the abuse, that Katie was determined to be a non - credible witness, and that the finding of sexual abuse was expunged from his record last year. Scott noted that Katie has a long history of making claims of physical abuse against her mother which have been proven to be false and that now her claim against him has been proven to be false as well. It should be noted that the decision made that Katie was not a credible witness is not a proclamation by CYS of Scott's innocence. Instead, it simply means that they do not feel that Katie's emotional and behavioral issues allow her to be a reliable reporter at the current time. It is not an assessment of actual guilt or innocence. In assessing the most appropriate custodial arrangement for the children for the purposes of this reassessment, the Court is obligated to consider 15 factors within the new statute. As a framework for this evaluation, each of the factors is reviewed below. Witmer v. Witmer Page 11 of 19 1. Which party is more likely to encourage or permit frequent and continuing contact between the child and another party? There are significant allegations by both parties about the other parent in this regard. Scott described at length attempts by Gina to prevent Scott from spending time with or having contact with Connor. Gina has admitted to preventing phone calls between Scott and Connor and she acknowledged that she has brought Katie to Connor's events which prevent Scott from being allowed to attend the event because of a PFA. Furthermore, Gina has withheld Connor for multiple weekends in the past and prevented Scott from taking Connor with him on his family vacations. Scott has proven that Gina is using her role as primary physical custodian to control and limit Scott's contact with Connor. Gina expressed significant concern about Scott's willingness to permit contact should he be awarded primary custody. She claimed that his tendency to speak negatively about custody and about Katie to Connor will only be exacerbated by a change in custody and that Connor may likely end up with negative impressions of her and his sister. However, there is little evidence of Scott preventing contact because he has never been' majority physical custodian. Furthermore, both Scott and Connor deny that Scott speaks negatively about Gina or Katie with Connor. 2. The present or past abuse committed by a party or member of the party's household, whether there is a continued risk of harm to the child or an abused party, and which party can better provide adequate physical safeguards and supervision of the child. Scott Witmer has been determined to have committed sexual abuse against Katie prior to that finding being expunged in 2011. As noted above, the removal of the finding was not a proclamation of innocence but instead a determination by the Court that Katie was unable to present as a reliable and credible witness to the allegations. Katie has maintained her story about Scott's treatment of her from 2003 until 2009 and Scott has been equally unwavering in his denial of the allegations. However, Katie currently has a PFA against Scott which remains in effect until 2013. There are no allegations of any physical abuse perpetrated by Scott against Connor. Gina's attempts to get a PFA on behalf of Connor were dismissed. Gina has been accused by both Katie and Scott of being physically aggressive with the children. Connor indicated that he has been hit by his mother on more than one occasion as well. Gina admitted that she has lost her temper on more than one occasion with the children and that she and Scott have had physical altercations in the past. Katie has reported to the school on more than one occasion that her mother hits her and the school has contacted Children and Youth Services on her behalf. As of the end of this evaluation, all investigations by CYS have been unfounded against Gina, but Katie has been either voluntarily or involuntarily removed from Gina's home on more than one occasion because of the allegations. Witmer v. Witmer Page 12 of 19 'With regards to safeguards and supervision of Connor, it appears that Scott is better able to meet that need currently. Gina has been forced to leave her job because of the medical and emotional needs of Katie. Katie is requiring a great deal of Gina's time and attention which takes away from her abilities to provide adequately for Connor on occasion. Conversely, Scott is available to Connor without obstacles. He is able to devote his time and attention to their son and ensure his safety. 3. The parental duties performed by each party on behalf of the child. Each parent appears to be the primary custodian for the child during their periods of custody. Each parent is responsible for feeding, hygiene, transportation, education, and recreational activities during their time. 4. The need for stability and continuity in the child's education, family life and community life. Connor is heavily involved in activities through his school and in the community. He plays sports (soccer) and is involved in Cub Scouts and the church. Both parents currently live near enough to one another that Connor would be able to maintain the same activities and social groups regardless of the custodial schedule. 5. The availability of extended family. Scott's extended family lives in the central Pennsylvania region and is a viable and available support network for him. Gina's family is in California and is unable to help with the children or provide more than emotional support. 6. The children's sibling relationships. Katie and Connor appear to share a close, loving relationship. They each described healthy and affectionate feelings and activities with one another. Gina noted that Connor and Katie spend a great deal of time together and that Connor worries a great deal about Katie's safety and well-being. Connor admitted that he misses Katie when he is with his father and that he is worried about her seizures. Katie playfully stated that Connor can be "annoying" at times but continued to say "what little sibling isn't annoying once in a while." She described him as a great kid and noted that she loves interacting with him. 7. The well -reasoned preference of the child, based on the child's maturity and judgment. Connor is eight years old and does not have the maturity or development to reasonably understand the complexities of custody and family relationships. In his interviews he expressed a desire to spend increased time with his father but spoke Witmer v. Witmer Page 13 of 19 lovingly about both of his parents. lie was more negative in describing his mother's anger and temper, but he denied any fear or discomfort around her. He was consistent in his message that he enjoys spending time with his mother and his father. 8. The attempts of a parent to turn the child against the other. parent, except in cases of domestic violence where reasonable safety measures are necessary to protect the child from harm. This factor is addressed at length in factors one and two. There is significant evidence to suggest that Gina is preventing Scott's reasonable contact with Connor. However, given the allegations against Scott by Katie and Gina's belief that Katie is telling the truth, it is understandable that she would be reticent to allow increased periods of time or contact for Scott. 9. Which party is more likely to maintain a loving, stable, consistent and nurturing relationship with the child adequate for the child's emotional needs. It is apparent from the history that neither parent has been able to maintain consistency and stability for Connor. Scott's admitted history of alcoholism negatively affected his ability to be stable and consistent for the Connor. Furthermore, the allegations of sexual abuse raise concerns about Scott's nurturance and loving treatment of Katie as well. Gina's mental health issues and emotional reactivity created rifts in the appropriateness of her treatment of the children as well. She has been accused of physical violence towards the children and has admitted to slapping or spanking the children on multiple occasions. Furthermore, both children describe her as angry and argumentative in her parenting. Connor reported that he goes up to his room to separate himself from her when she is angry, and Katie expressed a belief that she feels her mother is constantly mad at her. 10. Which party is more likely to attend to the daily physical, emotional, developmental, educational and special needs of the children. Each parent is capable of attending to the daily physical and educational needs of Connor. They each described a genuine desire to have close, loving relationships with Connor. Connor does not have special needs. The emotional needs of Connor are discussed above. There is some concern about Gina's current ability to meet the physical and educational needs of the children given the amount of time that must be devoted to Katie. Connor has not consistently gotten to his activities during Gina's periods of custody. Witmer v. Witmer Page 14 of 19 11. The proximity of the residences of the parties. A non -issue. The parents live close enough to one another to maintain stability in Connor's life. 12. Each party's availability to care for the child or ability to make appropriate child-care arrangements. Both parents have demonstrated an ability to provide care for Connor or to find suitable care arrangements if they are unavailable. 13. The level of conflict between the parties and the willingness and ability of the parties to cooperate with one another. The level of conflict between these parties is, unfortunately, very high. They do not demonstrate a strong ability to make joint decisions or accommodations to the custody order. They each acknowledged arguments and a lack of respect for one another. It must be assumed that there will be on-going periods of high conflict with limited abilities to solve disputes. However, it is the hope of the evaluator that a resolution to the current custodial litigation will dissipate some of the conflict. 14. The history of drug or alcohol abuse of a party or member of a party's household. There are no allegations of inappropriate drug or alcohol use by Gina. Scott acknowledged a long history of alcoholism dating back to his first marriage. He claimed that his drinking caused significant problems in his relationships but he denied allowing it to impact his behaviors towards the children. Furthermore, Scott claimed that he has been clean and sober since 2009 without any episodes of relapse. He denied any current intents or cravings to use. 15. The mental and physical condition of a party or a member of a party's household. Gina presented on time and appropriately groomed for her scheduled appointments. There was no evidence of bizarre behaviors and she was fully -oriented at all times. She demonstrated significant lability in her mood but she always appeared to be appropriate to topic. She denied the presence of any current suicidal or homicidal thinking. Gina acknowledged that she had a long history of suffering from depression and admitted to a diagnosis of Bipolar Disorder as a result of a manic episode in 2004. She stated that she has been on multiple mood stabilizers and anti -depressants but that she has been taken off her medications as of March 2011. A review of her psychiatric records confirmed that she followed medical advice in ceasing her medications. Witmer v. Witmer Page 15 of 19 Gina was noticeably anxious throughout the evaluation. She became tearful frequently when discussing her stress level related to managing the coparent relationship with Scott, Connor's relationship with his father, and Katie's ongoing emotional and medical issues. Gina was adamant that Katie's emotional and medical issues were the direct result of Scott's sexual abuse and she was unwilling to consider other alternatives. She conceded that Katie made numerous allegations of physical abuse against her that were false, but she was unable to contemplate that she could be making false allegations against Scott. She expressed fear of Scott's level of involvement with Connor and of his close proximity to her and Katie. It was evident from her presentation that Gina felt it was best for Connor to have minimal contact with Scott. Gina completed several psychological tests as a part of this evaluation. The MMPI -2 and MCMI -III are broad-based personality measures that provide a variety of hypotheses about one's psychological functioning. They do not assess specific parenting skills but the results can be extrapolated to behavioral traits and tendencies that can impact one's parenting. She also completed the STAXI-2 which evaluates the way in which one experiences and expresses angry emotions. Gina appeared to have an open and honest attitude in taking these evaluations which raises the credibility of the findings. Gina's responses suggest that she has a tendency to be moody and agitated. Others likely see them as demanding of attention and emotionally deregulated. Women with similar profiles have been described as self-centered and have a difficult time in interpersonal relationships. They tend to use manipulation to get their needs met. These findings are consistent with both the children's and Scott's descriptions of her behavior, as well as a review of her therapy notes. Gina's tendency to respond emotionally, before thinking through situations and consequences, likely causes her significant problems in her relationships and may negatively impact her parenting. Scott presented on-time and appropriately dressed for his scheduled appointments. There was no evidence of bizarre behaviors or unusual cognitions and he was fully oriented throughout the evaluation. He acknowledged that he has a history of depressive and anxious symptoms related to his recovery, the allegations of abuse, and his loss of time with his son. He was cooperative with the process but noticeably frustrated with the perception that he sexually abused Katie. Scott was adamant in his belief that the accusations about him were never true and that he was rightfully exonerated when the charges were expunged. He expressed limited empathy towards Katie throughout the process given the fact the she was sexually assaulted and in extreme emotional duress. He often used her psychological symptoms as a way to leverage his position to gain custody of Connor. Scott completed the same psychological testing that Gina completed. Scott's response style was mildly defensive which is not uncommon in forensic evaluations. He appears to, at times, lack insight into his own emotions and behavioral functioning. Scott's testing was indicative of a man who has a difficult time handling negative feedback or criticism. Typically, men with this response pattern work hard to avoid rejection and to adhere to the expectations of others. He may be seen by others as grim or Witmer v. Witmer Page 16 of 19 tense because he works hard to deny all negative feelings. Individuals with Scott's personality profile tend to be rigid in their thinking and they have a hard time with empathy or perspective taking. His increased level of tension may cause him to have a difficult time being flexible with a custody schedule or deviating from his set ideas or plans. Recommendations: Scott and Gina Witmer currently share legal custody of their son, Connor. Gina currently maintains primary physical custody and Scott has periods of partial physical custody on alternating weekends from Friday evening to Sunday evening. The parties have maintained that schedule since their separation in November 2009. Scott is seeking to modify the current arrangement such that he be awarded primary physical custody of Connor. Gina expressed contentment with the current arrangement and even suggested a desire to relocate with the children to be near her family in California. This evaluation raised significant pros and cons regarding any decision made regarding custody of Connor. Utilizing the 15 factors discussed above and taking into consideration the extreme level of conflict between the parties, the pros and cons for each potential recommendation are listed below. Option #1 — Maintain the current custodial arrangement The pros of this arrangement are that Connor is functioning relatively well both in school and in the community. His academic and behavioral markers in school are strong and he is described by both parents as a loving and well -adjusted child. Connor also has a strong relationship with his sister. In the current arrangement he is able to maintain and nurture that relationship at the high level of almost daily contact and interactions. During times of high conflict and family upheaval, sibling relationships provide a level of stability and consistency to a child that can be extremely beneficial to successful adjustment. There are significant cons to this arrangement as well. Firstly, Gina has demonstrated a tendency to deny Scott reasonable contact with Connor outside of his Court Ordered periods of physical custody and she has denied him several of his periods of Court Ordered physical custody. Her unwillingness to encourage and permit the ongoing healthy relationship with Scott and Connor is one of the first and most important factors to be considered in any custody evaluation. Gina's apparent unwillingness to coparent with Scott has only exacerbated their current level of conflict and only serves to damage Connor's likelihood of long-term effective adjustment. Furthermore, these behaviors by Gina continued throughout the custody evaluation process which suggests that she does not even understand or agree that it is important for the parents to attempt to work together effectively for the children. Additionally, her psychological profile suggests that she is going to have a difficult time changing her behaviors or putting the needs of Connor (including his relationship with his father) first. Witmer v. Witmer Page 17 of 19 Another con is Gina's current availability to Connor and her ability to meet the demands of being a primary parent. This is not intended to imply that she is unable to meet the needs of Connor. Simply put, it appears that the demands on her right now are' greater than she can realistically handle as the primary parent to Connor and Katie. Katie is currently experiencing an incredible amount of psychological and medical duress related to her traumatic experiences. She has accused Scott of sexual abuse and has experienced a sexual assault from a peer at a music camp two years ago. According to Gina and the records provided, Katie is experiencing significant symptoms of PTSD and is unable to attend a mainstream school or to be left unsupervised for any extended length of time. Gina has been forced to leave her employment to care for Katie on a daily basis. Between the demands of caring for Katie and the financial stressors of not being able to work, Gina's emotional and physical resources are depleted. This negatively impacts her ability to tend to the daily emotional and physical needs of Connor. Option #2 — Connor live primarily with Scott The largest pro for this scenario is Scott's availability to Connor. Scott does not have the same demands that Gina does and is able to devote his time and attention to meeting the needs of Connor and ensuring that he is able to attend all of his activities. Furthermore, this evaluation revealed that Scott is the more likely parent to encourage and permit an ongoing relationship. Scott expressed an understanding of the importance of the relationship between Connor and his mother and sister. Furthermore, there is no evidence to suggest that he refused to return the child after his periods of custody. Unlike Gina, who has withheld Connor in the past and admitted that she ignores phone calls or emails from Scott. There is no evidence to suggest that Scott is incapable of caring for Connor cm a primary custodial basis. He demonstrated in both the office and home observations that he has a strong relationship with Connor and he understands his needs well. He has also demonstrated an ability to be more child -centered than Gina in his actions and behaviors with Connor. Conversely, a major change in custody such as this could have a damaging effect on Connor's relationship with Katie and on Katie's mental health in general. Katie and Connor share a strong relationship and provide one another companionship and support on a regular basis under the current arrangement. This change will drastically affect that amount of time they are able to spend together. This could potentially negatively impact each of them. With regards to Katie's mental health, it is notable that Katie's behaviors and medical problems intensified shortly after Scott's records were expunged. While there is no criminal finding of wrongdoing by Scott and he is no longer indicated by Witmer v. Witmer Page 18 of 19 Children and Youth Services as a sexual predator, Katie's claims and beliefs that Scott sexually molested her have not changed. A change in primary custody of Connor may further exacerbate her symptoms and create a greater need for increased mental health care. Option #3 — Shared Physical and Legal Custody A shared physical custody arrangement would allow Connor to spend equal time with his parents and a greater amount of time with his sister than option #2. This would allow him to nurture his relationships with each parent and his sister and allow the parents to stay active and involved in his educational and recreational activities. However, research has demonstrated that shared physical custody is not ideal in cases where there is a great deal of inter -parental conflict. The shared relationship would require a greater level of cooperation and communication between the parties which this evaluation revealed that they are not capable of at this time. Shared relationships allow for greater opportunities for the child to be negatively exposed to conflict and increase the likelihood of long-term behavioral, academic, or emotional problems. Shared custodial arrangements require greater flexibility and sharing by the parents. Again, the parents have consistently demonstrated an inability to successfully complete the tasks required. Option #4 — Gina relocates to California with Katie (and possibly Connor) Gina would have a great deal more support in California. She has a family network there that could help her with the demands of caring for Katie and could likely find gainful employment with the increase in resources. Furthermore, relocation to California would likely be most beneficial for Katie. The current situation and frequent indirect contact with Scott seems detrimental to her emotional stability. By relocating to California, Katie will likely feel more comfortable and safe and stand a better chance of successfully dealing with her PTSD and nonepileptic seizures. Unfortunately, a relocation to California would mean that Connor does not have any physical contact or visitation with the non-custodial parent for significant stretches of time. Connor values his relationships with each parent and it is unclear how he would respond emotionally to such a change. A schedule involving the school year in one state, with summer vacations and school breaks in another state would also significantly impact Connor's recreational activities and social groups. Therefore, based on all of this information gathered during this evaluation, the application of the 15 factors of custody, and the integration of the current peer-reviewed literature on custody, the following recommendations are offered within a reasonable degree of psychological certainty. Witmer v. Witmer Page 19of19 It appears that a schedule in which Scott is the primary physical custodian of Connor is currently what is in Connor's best interests. The current situation in each home dictates that Scott is more able to attend to the daily needs of Connor. Gina loves Connor very much and wants to provide for him and meet his needs effectively. Unfortunately, the situation with Katie and the need for Gina to devote so much time and energy to Katie takes away from her ability to consistently provide and be attentive to Connor. Furthermore, Gina has repeatedly demonstrated an inability and/or unwillingness to coparent effectively with Scott and to effectively encourage the contact and relationship between Scott and Connor. Gina firmly believes Katie's accusations against Scott, resulting in her being understandably angry at him and seeing him as a safety threat. However, there is no indication of guilt against Scott and there are no allegations of inappropriate behaviors by Scott towards Connor. Furthermore, the fact that Scott has been sober for more than two years only decreases or mitigates any risk that Scott is a threat to do anything inappropriate. Meanwhile, there is limited evidence to suggest that Scott would engage in the same limiting behaviors that Gina is currently. He has demonstrated an understanding of the importance of Connor's relationship with Katie and Gina and he denied any intent to deny contact or custody. There are two options in which Scott can be primary custodian. The first involves a schedule similar to the one currently utilized. In this schedule, it is recommended that Gina have periods of partial custody on alternating weekends from Friday until Monday morning and one evening visit each week (i.e. — Wednesday from 4:00 PM until 7:00 PM). It is recommended that the holidays be split equally, with each party having two weeks of vacation time each summer. The second option involves Gina's potential relocation to California. Should Gina decide to relocate to California, it is recommended that Scott have primary custody of Connor during the school year. Gina is recommended to have periods of partial custody over the winter recess and spring break as well as a majority of the summer. Scott is recommended to have two weeks in summer with Gina having the remainder of the summer school recess. Date asey S E ienvoid, Psy.D. �p� GINA WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT WITMER, CIVIL ACTION - LAW Defendant NO. 10-295 CIVIL TERM IN RE: EMERGENCY PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 24th day of December, 2014, after hearing, the Petition for Special Relief is denied. The Defendant, Scott Witmer, is to reimburse the Plaintiff in the amount of $1,000.00 for counsel fees. By the Court, Edward E. Guido, J. ✓ Frank C. Sluzis, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 For the Plaintiff ✓ Thomas M. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 For the Defendant :lfr /72.t.dsrL /Alic_r_17) r) GINA WITMER, Plaintiff V. SCOTT WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2010 — 0295 CIVIL : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 15TH day of JANUARY, 2015, Lucy Johnston -Walsh, Esquire, at the Children's Advocacy Clinic Penn State Dickinson School of Law is hereby appointed to represent the child CONNOR WITMER, born 10/4/03 in the above captioned matter. +Frank C. Sluzis, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, Pa. 17110 .' Thomas C. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, Pa. 17019 ../Li --icy Johnston -Walsh, Esquire Children's Advocacy Clinic 45 North Pitt Street Carlisle, Pa. 17013 :sld Cer flt:// /// GAS - Edward E. Guido, J.