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HomeMy WebLinkAbout06-2702SARAH HENRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. NO. alO- a?0COPdIL TERM SHANE WITMER, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Sarah Henry, who currently resides at 2160 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Shane Witmer, who currently resides at 99 Dublin Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff seeks custody of the following child: a. Samuel Witmer, born December 18, 2003, who resides at 2160 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The child was born out of wedlock. 5. The child is presently in the custody of the Plaintiff, Sarah Henry, who resides at 2160 Newville Road, Carlisle, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: Name Address Date Sarah Henry 2160 Newville Road 12/18/2003 to present Carlisle, PA 7. The mother of the child is Sarah Henry, who resides at 2160 Newville Road, Carlisle, Cumberland County, Pennsylvania. 8. The mother of the child, Sarah Henry, is unmarried. 9. The father of the child is Shane Witmer, who currently resides at 99 Dublin Gap Road, Newville, Cumberland County, Pennsylvania. 10. Father of the child, Shane Witmer, is unmarried. 11. The relationship of Plaintiff to the child is that of Mother. 12. The relationship of Defendant to the child is that of Father. 13. The Plaintiff currently lives alone. 14. The Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or any other court. 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following. a. Mother is currently the primary caretaker of the children; while in her custody, she has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; iii. Purchased, cleaned and cared for the child's clothing, iv. Arranged medical care, including trips to physicians, as needed; v. Arranged alternative daycare, as needed; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with Mother. c. Mother is able to provide a stable environment for the child. d. It is important for the child to spend time with both parents; e. Currently, the Father has visitation with the child about three times a week, usually Monday, Thursday and Saturday for periods not exceeding two (2) hours; f. Currently, Mother provides all transportation. g. It is believed and therefore averred that Father should not have visits that extend past the two (2) hour visits until Father completes anger management counseling. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. [THEREFORE, the Plaintiff requests that This Honorable Court grant sole legal custody and primary physical custody of the child to Mother with partial physical custody rights granted to Father. DATE 05 110 & Respectfully submitted, ABom& KuTuLAKTs, L.L.P. ?- q t L ?- Kara W. Haggerty 36 South Hanover treet Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 VERIFICATION I, SARAH HENRY, verify that the statements made in this Custody Complaint are 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. ? 4904 relating to unworn falsification to authorities. Date 5-1-040 Jwtzl a ?d"?•tn?.l/lr SARAH HENRY CERTIFICATE OF SERVICE AND NOW, this ' " day of May 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified and First-class mail, postage prepaid addressed to the following: Shane Witmer 99 Dublin Gap Road, NewviBe., PA 17241 DATE 5 I O DL Il9 Respectfully submitted, ABOM & KUTULA"S, L.L.P. Kara W. Haggerty 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 v V ?. c "L7 t'? r (Fr7:: Z. a ? T Him n } ? xa N co SARAH HENRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2702 CIVIL ACTION LAW SHANE WITMER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 18, 2006 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 23, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gtlro Es q. 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 - -A? ;?, ,r U.ht ,?JI-O 0 ( c) Nd 8 ( AM 3001 ,kbVXN()ruUjd 3H1 d0 ,1?1-: 0--O-Rj J SARAH HENRY, Plaintiff V. SHANE WITMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. Z-o7Da CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between SARAH HENRY, (hereinafter referred to as "Mother") and SHANE WITMER, (hereinafter referred to as "Father") WHEREAS, the parties are the natural parents of one (1) child, namely SAMUEL WITMER, bom December 18, 2003, (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Children. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother shall have sole legal custody of the Child. 2. Mother shall have primary physical custody of the Child. 3. Father shall exercise partial physical custody of the Child as follows: a. Every Monday, Thursday, Saturday, and Sunday for visits not to exceed two (2) hours at a time. The times of the exchanges shall be as agreed upon by the parties, with the provision that the visits will not extend beyond 9:OOPM. b. At all other times as the parties may agree. 4. When possible, visits between Father and the Child shall occur when paternal grandfather is present to supervise the visitation. 4. Mother reserves the right to demand a third party to facilitate custody exchanges and/or a neutral location for the custody exchanges. 5. Visitation shall not expand beyond the two (2) hour time limit, and no overnight custody shall be granted, until such time that Father successfully completes anger management counseling. Father must provide written proof of successful completion of counseling from a licensed professional. 6. Neither parent shall do anything which may estrange the Child from the other party, injure the opinion of the Child as to the other party, or which may hamper the free and natural development of the Child's love and affection for the other party. 7. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 8. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 9. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 10. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH: Z rtv, la ate SARAH HENRY 4 e)Vlt Date rAANE WITMER ?-' n , - ` C? ` ? -" - c- -n :. 't? " G '` c , '. c%c_- N tn s ' ? t,3 ?.?. JUN 1SARAH HENRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-2702 CIVIL TERM SHANE WITMER, CIVIL ACTION -LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this z-r day of 4w... , 2006, it is hereby 15 ORDERED and DECREED that the attached Custody Stipulation and Agreement is made an Order of Court. BY THE COURT: Distribution: Aara W. Haggerty, Esquire ,,Khane Witmer, 99 Dublin Gap Road, Newville, PA 17241 07 _t ?v r6 `^ T ?l-q _i ?l? 1-1 RECEIVED !UN 28 ?/ SARAH HENRY, Plaintiff VS. SHANE WITMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2702 IN CUSTODY ORDER CIVIL ACTION - LAW AND NOW, this aP day of June, 2006, the Conciliator being advised that the parties have reached an agreement, Conciliator relinquishes jurisdiction. Hubert X. Gyoy, Esquire Custody C ciliator ,.gip I l I ? :I I t?P, E0' fJ;:f' 9?I11 , iI E, 11 ) 7 SHANE WITMER, Petitioner vs. SARAH HENRY, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, NO.: 06-2702 CIVIL TERM IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY 1. The Petitioner is Shane Witmer, who resides at 99 Doubling Gap Rd., Newville, PA 17241. 2. The Respondent is Sarah Henry, who resides at 2160 Newville Rd, Plainfield, PA 17015. 3. On June 27, 2006, a Custody Stipulation and Agreement as entered into between the parties and made an Order of Court. 4. Petitioner has not received his son for his scheduled visitation periods in over a month. 5. Respondent now says that Father can not see his son unless visitation is done at her mother's home. 6. Petitioner is requesting that his scheduled visitation periods be extended in order to broaden the relationship between himself and his child. WHEREFORE, the Petitioner Date: 5 68 'Paul Bradford Orr, Esquire Attorney for Plaintiff/Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 PA Court ID#71786 VERIFICATION I verify that the statements made in the foregoing Petition for Modification 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: S' Shane Witmer, Petitioner SHANE WITMER, : IN THE COURT OF COMMON PLEAS Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA, vs. NO.: 06-2702 CIVIL TERM SARAH HENRY, : IN CUSTODY Respondent CERTIFICATE OF SERVICE I hereby certify that on this lothday of, , 2008, 1 mailed a copy of Petitioners Petition for Modification of Custody to the following persons at the following address by First Class Mail as follows: Sarah Henry 2160 Newville Rd. PlainfieW, PA 17,015 ul Bradford Orr, Esquire Attorney for Petitioner 50 East High Street Carlisle, PA 17013 (717) 258-8558 ID No.: 71786 C c?r ec JA .3 o * _ cr 00 ° ? . 00 SHANE WITMER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SARAH HENRY DEFENDANT 2006-2702 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 13, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 11, 2008 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing;. FOR THE COURT, By: /s/ Hubert X. Gilroy, 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 -74- ??? 4v A&i ?O,hi p4 1n? tool L -> SHANE WITMER, Plaintiff V. SARAH HENRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-2702 CIVIL TERM : CIVIL ACTION -LAW IN CUSTODY Please enter my appearance on behalf of the Defendant, Sarah Henry, in the above- captioned matter. Respectfully submitted, L n Date: -6 ABOM & KUTU AKIS, LLP 4UO. I Kara W. Haggerty, 36 South Hanover Carlisle, PA 17013 (717) 249-0900 ID #86914 CERTIFICATE OF SERVICE AND NOW, this n d-"" day of September, 2008, I, Kara W. Haggerty, Esquire of ABOM & KUTUT.AKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Entry of Appearance by First Class U.S. Mail addressed to the following: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff W. Haggerty, C-7 tl t crs ? f °5: ri`"3 G7 - _ OCT n s 2006 6 SHANE WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SARAH HENRY, NO. 2006-2702 Defendant IN CUSTODY COURT ORDER AND NOW, this T " day of October, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of June 27, 2006, is vacated and replaced with the following Order: 1. The mother, Sarah Henry, and the father, Shane Witmer, shall enjoy shared legal custody of Samuel Witmer, born December 18, 2003. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On one weeknight from 5:00 p.m. until 7:00 p.m. This night shall be Thursday, unless agreed otherwise between the parties; B. For a period of four weeks, every Sunday from noon until 5:00 p.m., unless a time is agreed otherwise between the parties; C. Over the next two months, on alternating weekends every Saturday and Sunday from noon until 5:00 p.m., unless a time is agreed otherwise between the parties; and D. Thereafter, on alternating weekends from Saturday at noon through Sunday at 5:00 p.m., unless agreed otherwise between the parties. 4. It is contemplated that if the above scheduled proceeds without any problems, the Father's periods of temporary custody will expand to a Friday through Sunday, subject to further negotiations between the parties and their attorneys. It is also contemplated that the parties will work out a sharing arrangement of time on holidays as necessary. 5. As a condition of Father getting overnight visitation, Father shall, prior to that visitation commencing, obtain a counseling session with respect to any anger management issues he may have and his counsel shall provide the Mother's counsel with an evaluation from that counseling session. 6. Unless agreed otherwise, the parties shall share equally transportation for exchange of custody with the parties meeting at the Crossroads Diner on Route 641 for the purposes of exchanging custody. BY THE COURT, Kevin,X Hess, Judge cc: /V'. ra W. Haggerty, Esquire au Bradford Orr, Esquire Cao , Rs mat 6L ?'1 ji `? w9 ?;,, A ?, .: , C.., ? _ r.J ?`..• ? ? ?- L ? ? ? ??s?" '? SHANE WITMER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH HENRY, NO. 2006-2702 Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Samuel Witmer, born December 18, 2003 2. A Conciliation Conference was held on October 2, 2008, with the following individuals in attendance: The mother, Sarah Henry, who appeared with her counsel, Kara W. Haggerty, Esquire, and the father, Shane Witmer, with his counsel, Paul Bradford Orr, Esquire. 3. The parties agreed to an entry of an Order in the form as attached. Date: October '2008 124 q1 Hubert X. ilroy, Esquire Custody onciliator