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HomeMy WebLinkAbout96-04577 J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, Plaintiff v. NO. 96-4577 CHRISTINE L. KETROW, Defendant CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ~.. day of /~ /J': I . , 1997 , it is hereby ORDERED and DECREED that the provisions of the stipulation for Entry of custody Order entered into between the parties which is attached hereto, are incorporated herein as an Order of this Court. BY THE COURT: --/'0" // Ii / J. ~ CC) ~; C ,~ N .' u.J ~,-~ .~ ;>' 0::. , EF,': '- ~:'~ t:'_ ; ::., <;5t - C'') ~? 0'; I , ., UJL' -, , , C-:. I J IT: -I C.. :.r.,- i-- ~" , ,. r- ..) CJ ~ ~J FEE-I9-.1997 16:16 HOWETT,KISSI'GER,MILES,FC 717 23^54e2 P.03 IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, Plaintiff ) ) ) ) NO, 96-4577 ) ) CIVI~ ACTION - LAW ) CUSTODY v. CHRISTINE L. KETROW, Defendan-c STIPULATION FOR ENTRY OF CUSTODY ORDER AND NOW, this ~~ day of ~ , 199~ COr.le the parties in the above-captioned ac~icn and enter into this stipulation: WHEREAS, Plai~ciff, Kevin T. Litrenta (hereinafter referred to as "Father"), ar,d Defendant, cl:ristine L. Retro'" (hereinafter referred to as "Mother"), are the parents of one :ainor child namely Nicholas C. KetroW (hereinafter referred to as "Nicholas"), born June 14, 1989; and WHEREAS, Nicholas is presently in the primary physical custody of Mother: and WHEREAS, on August 15, 1996, Father initiated a Complaint for Shared Legal and physical Custody docketed to the above- captioned number in the court of Common Pleas of CUr.lber1and County, Pennsylvania in which he requested shared legal and physical custody of Nicholas; and WHEREAS, the parties have deternined that it is in the best interests of Nicholas that the pending cuscody issue be resolved amicably between them, and after negotiations in which both parties were represented by counsel of their choice, the parties '. FE~I~I997 16:17 717 23<:S4e2 p .04 HOWETT.KI5SINGER,MILES,F~ have reached an agreement as to the Fhysica1 and legal custody of Nicholas. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference tlerein and deemed as an essential part hereof, and intending to be legally bocnd hereby, and for other good and sufficient ccnsideration, the receipt of which is hereby acknowledged, the parties mutually agree and stipulate as follows: 1. Leqal custody. Legal custody as that tern is defined by 23 Pa.C.S.A. ~5302 shall be shared eGUal1y between the parties. 2. Ha;oritv phvsica1 custody. Majority physical custody of Nicholas shall be in ~other. 3. partial Phvsica1 custodY. Father shall have partial physical custody rights ~ith Nicholas as follows: a. weekends. Every other weekend from Friday at 6:30 p.m. through sunday at 7:00 p.m. b. Holidavs. Alternating holidays from 9:00 a.m. through 9:00 p.m. Said holidays shall consist of New Year's Day, Easter, Memorial Day, July 4th, and Labor DaY. c. Thanksqivinq. In 1997 and in all odd- numbered years thereafter, Father shall be entitled to physical custody of Nicholas from 9:00 a.m. Thanksgiving Day through the following Sunday at 7:00 p.m. Likewise, in 1998 and in all even- numbered years thereafter, Mother shall be entitled to physical 2 FEB-I9-1937 1&:17 HOWETT,KISSINGER,MILES,PC 717 23~54e2 P.~5 custody oC Nicholas Crom Thanksgiving Day at 9:00 a.m. through the following sunday at 7:00 p.m. d. ~hristmas. In 1996 and all even-numbered years thereafter, rather shall be entitled to physical custody of Nichc1as fron 12:00 p.m. Christmas Eve through 12:00 p.m. Christ~as Day. In 1997 and all odd-numbered years thereafter, Father shall be entitled to physical custody of NiCholas frem 12:00 p.m. Chris.mas Day through 12:00 p.m. Dec8nbar 26. !n 1996 and all even-numbered years ~her8after, Mother shall be entitled to physical custody of Nicholas from 12:00 p.m. Christmas Day through 12:00 p.m. December 26. In 1997 and all odd-nUmbered years thereafter, Mother shall be entitled to physical custody of Nicholas from 12:00 p.m. Christmas Eve through 12:00 p.m. Christmas Day. The remainder of Nicholas' christmas/New Year break from school shall be equally divided between the parties as they agree. e. sorinq Break. Father shall be entitled to one-half of Nicholas' spring break :rom school as the parties may agree. f. Summer vaoation. Father shall be entitled to three (3) weeks of physical custody of Nicholas during the traditional sunmer school vacation in 1997 with one week occurring in June, cne week in July, and one week in August as the parties may agree. commencing in 1998 and thereafter, Father shall be entitled to four (4) weeks of physical custody of Nicholas during the traditional summer school vacation with one 3 FEB-l~I937 tG:18 HOWETT.KI5SI~KJER,MILES.FC 717 23.54eZ P.06 week occurring in June, two weeks in J~ly. and one ~eek in August as the parties ~ay agree. 4. Sohool Choice. The parties acknowledge that they have discussed the possibility of Nicholas' attendance at Lancaster Country Day School commencing in the fall 1997. The parties agree to continue these discussions so as to reach agreement in the best interests of Nicholas regarding the school choice tor 1997 and thereafter. The parties agree that Nicholas' school shall not be changed without consultation between the parties and no less than sixty (60) days advance written notice to Father. 5. Father'S Dav/Mother's Day. Father shall a1~ays have physical custody of Nicholas on Father's Day from 9:00 a.m. through 9:00 p.~. Mother shall always have physical custody of Nicholas on Mother's Day from 9:00 a.m. through 9:00 p.m. 6. Additional Time. Both parties agree that Father may spend additional time with NiCholas at such other times as the parties may mutually agree. 7. BDccial circumstances, The parties agree that should special circumstances arise they shall discuss said circumstances and if they are in agreement, modify their custody agreement to accommodate the special circumstances. 8. Entry of court Order. The parties agree that the terms of this stipulation for Entry of custody Order shall be entered as an Order of Court at the request of either party and enforceable by the court as if a full hearing had been conducted. 4 FEB-l~1997 t6:18 ffJl<.ETT. KISS II'G:R. mLES.FC 717 234S4~2 P.~7 IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this Stipulation. WITN jli/!~~ 5 - c- ..,' .....-. ....- " .'~ ,. f ~.. .. '~" L J '~'/ " ,. KEVIN T. LITRENTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-4577 CIVIL TERM CHRISTINE L. KETROW Defendant CHILD CUSTODY/VISITATION CUSl'ODY COOCILIATIOO SlHIARY REPORT IN ACCORDANCE WITH CU!BERLAND CXXlNTY RULE OF CIVIL PROCEiJURE 1915.3-a, the undersigned Custody Conciliator submits the following report: NAME BIRTHDATE alRRENTLY IN aJSTOIJY OF Defendant/Mother 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: Nicholas C. Ketrow June 14, 1989 2. A Conciliation Conference was held on September 10, 1996, with the fOllowing individuals in attendance: The Father, Kevin T. Litrenta, with his counsel, Donald E. Kissinger, Esquire, and the Mother, Christine L. Ketrow, with her counsel, P. Richard Wagner, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ;(2n/A_J..d, <,- ae":i/ Dawn S. Sunday, Esquire Custody Conciliator Date ") //6-/9& ,"J' In .N ',~ .:;,- ci: '~:Z' CV ~. .~ . ... tt) 0> (;: .:?: '~:$. (:5-' '(.)ffiS .!:..".... :.:5 !.9 0''::''- .;H~ :''1: .-:;, CJ ...."i\; . I ...~~ II +-> .... 'M . c: o-'I+-> 0-'1 ., c: ~." . 'M ~~ ...., ~E:: > ~aJ ....1=1 i:i ~ I>ol u '- ...~ r ;,;,. . ~.;.. HOWETT, KISSINGER & MILES, RC. ~':" '-. Q II< ~rn... ...~' ~'. ~O::: ~ 011;; ~"..'..>' o~ ... ;:I.. en ,0 ~,.'" w ',~ ',. u. ... ....~.....- IE~:> u ".... o ~3E ~...' ~.UJ ~ 0 .; rn 0 t,,'~, ~ fO'I 0 lQ.' 0:lI ~ ....~~.. ... . E-4 ..' ~ = . - AUG 2 4 .. ~ t N '-' ~ c'c r:- "- j- .3 ~) - ~ ~ r- <0 ~ ... .~ ";-- -::r- Lr. .~ I~ N 'j ~ ':{\ -! )~ f.. -~ -:,! ~- -..J~ r; ;:) F" a: ~:S ~ (:-.i ,j (""I :'5= '=l Q. (l~ 'f'> (en ~ \i) l.r\ '-'.. IL --7 ::r:. -I.U ~ :.~jw 'r :::> :~~1 u.. ~ ~ l= c: u.. <0 ::'1 0 en Cl ~." 01-< Z en." ~~~ p.,eno :z:E5~ 0&1::> ~p.,U 8..:- ~~~ oo'f E-<UZ [!5",~ OZE-< U:J~ "'''' ="'...< E-<E91-< zi3~ci HUUZ ." E-<4-I Z4-I '" .... !:i~ I-< '... ...< '" ""' .p., E-< Z I-< > '" '" ~ o !:i... '" " '" '" "" ." ...< OJ 4-1 '" OJ Z'" I-< Iii I-< '" = U "'>< "'''' "'0 <E-< =en en::> U '" 0"'< ~< U E-<I-< zen 1-<>< <= ...<p., ~'" oz u< ...< < '-" '" ...< d p.; ui ~ ~ ~ 0 i .. "" ~ ;; < 0..... P' >< > S ~ In lil g IE ~ .. 13 i': o t:l 3 1E.e .. ~ < 0 . < rn ~ t::: ~ ~ rJ) ~ 0: :l ~ - Po I%l '~ ~ ;: o ~ > 1I0WETT, ](ISSINGEH & MILT,S. l'.c. .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, Plaintiff v. NO. '1. e ; . . .. -r ._,:...~,:..t.L :'l.-h'-.-J -J . '\ CHRISTINE L, KETROW, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COUR'l' AND NOW, "j 1 , 17.' , .' I II, , 1996, upon consideration of the attached complaInt, it ~s hereby directed that the parties and their respective counsel appear before j '" ."11" ,j tr " Esquire, t~econcil+ator, at -j IJ'!,~ /.,1..:.1 !1l,r/.'I.;,-,/.,I,,\(( Pennsy1van~a, on . 'n' ", I" ,v the I' 'I day of CJr {It. I 1996, at ',"./.( o'clock f!-:..m. for a Pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order, Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory, Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, B j ',.,' y: " } .;~ I) . < ;J ( .. ,-i r? ;,' i Custody Conciliator J /1,>,., 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. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. OFFICE OF THE COURT ADMINISTRATOR Cumberland County Courthouse, Fourth Floor 1 Courthouse Square carlisle, PA 17013 Telephone: (717) 240-6200 r.., . ......... (~ ,) '"j :~ "JTl -r,r:rI8E . , ' "" ''"\''';T;,Fl , ~., l'" ':J ~ 1 .-:., I 1 .\ ;. '~l I ." I . , , ,\, "." . t"c..'.,.:" I :.:, , '~.J'" -&' /y. f,{, -;0/.:76 d./(; /), o /'j' 'If., d(l (7';7' /"i~d'/ zt .,./( ;.--'<4..:.l'f<':.r .,t'/ d....L/) 'T,buo' ''1:" J!:/'? r';jfXc" Ie 7/""'1 . i 1 . . /, "_ ..._ .-/ . ("1';f ://'.,(1 ,.{:trl,(, r:! f:_;WHd/, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, Plaintiff v. NO. CHRISTINE L. KETROW, Defendant CIVIL ACTION - LAW CUSTODY COMPLAINT FOR SHARED LEGAL AND PHYSICAL CUSTODY AND NOW, Plaintiff Kevin T. Litrenta, by and through his counsel, Howett, Kissinger & Miles, P.C., files a Complaint for Shared Legal and Physical Custody against Defendant, Christine L. Name Present Address Date of Birth Ketrow, and in support thereof, avers the following: 1. Plaintiff is Kevin T. Litrenta (hereinafter referred to as "Father"), who currently resides at 110 North Duke Street, Suite 203, Lancaster, Lancaster County, Pennsylvania, 17602. 2, Defendant is Christine L. Ketrow (hereinafter referred to as "Mother"), who currently resides at 107 West Portland Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3, Plaintiff seeks partial custody of the following child: Nicholas C. Ketrow 107 \vest Portland Street June 14, 1989 Mechanicsburg, PA 17055 The child was born out of wedlock. The child is presently in the custody of Mother who currently resides at 107 west Portland Streett Mechanicsburg, Cumberland County, pennsy1vania, 17055. During the past five years/ the child resided with the following persons and at the following addresses: Persons Addresses Dates Christine L. Ketrow 107 West Portland street Mechanicsburg, PA 17055 2 years Christine L. Ketrow and paramour Unknown 3 years The mother of the child is Christine L, Ketrow, who currently resides at 107 West Portland Streett Mechanicsburg, Cumberland County, pennsylvania, 17055. She is single. The father of the child is Kevin T. Litrenta, who currently resides at 110 North Duke Streett suite 203, Lancaster, Lancaster County, Pennsy1vania, 17602. He is single. 4, The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following person: Name Relationship Suzanne Mayad Fiancee 5. The relationship of Defendant to the child is that of natural mother, Defendant currently resides alone. 6, Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interests and permanent welfare of the child will be served by granting the relief requested because Mother has denied Father partial physical custody of the child without cause and Father desires re-initiation of extended regular contact with the child. 8. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff Kevin T. Litrenta, respectfully requests that this Honorable Court enter an Order granting him shared legal and physical custody of the child. Respectfully submitted, Date: r // 01(' t / -----.",. C~-- ~ ~~ P"--:~-'r> ~:n~~. Kissinger,' sqUi;e HOWETT, KISSINGER & MILES, p.e. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Kevin T. Litrenta VERIFICATION I, Kevin T. Litrenta, hereby sweur und affirm that the facts contained in the foregoing Complaint for Shared Legal & Physical Custa'fl& true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pd.C.S. 94904 Date: August 15, fa1sificatiG(~ dr\flyes,' . . 1996 ~ I~ Kevin T. Litrentu relating to unsworn child any threat to "takc custody of the child away from thc mothcr", and it is instructivc that Defendant/Respondent includcs such an allcgation in hcr Counter-Claim whcn Petitioner/Plaintiff has to datc notl1led a petition secking primary physical custody ofthc child. It is denied that "father has been a feature of the child's life only for the last two years. . .", although it is acknowledged that Plaintiff/Petitioner had little contact with the child over an extended period at the bcginning of the child's life. 23, Denied as stated. It is admittcd that Plaintiff/Petitioner advised Lancaster County Case Worker, Anne Daniels that the child has wet the bed and defecated on the floor in his home. Moreover, Defendant/Respondent, Christine Ketrow had previously admitted to Plaintiff7Petitioner that the child had wet the bed in her home as well. 24. Denied, It is emphatically denied that the child is being emotionally damaged by continuing visitation with PlaintifflPetitioner. It is acknowledged and has been repeatedly asserted by Plaintiff7Petitioner that the child is in need of counseling and evaluation, and Plaintiffi'Petitioner intends to fully cooperate in such counseling and/or evaluation. It is specifically denied that any basis exists for this court to ordcr PlaintifflPetitioner to refrain from exercising periods of partial custody at this time. 2 WHEREFORE, PlaintiWPetitioncr rcquests that this Honorablc Court dismiss thc Counter-Claim with prejudice and direct that partial custody rcsume pursuant to this court's order of April 3, 1997 as modified by thc order of August 27, 1998. Date: /o;Y!t Respectfully submi tted, Donald T. Kissinger, Esquir HOWETT, KISSINGER & LEY, P.c. 130 Walnut Street P.O. Box 8iO Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiffi'Petitioner Kevin T. Litrcnta 3 OCT -1;( 1 a. ! 3991: '1 ";1' C'IA -"1 ;''-Q-3U'Qr. ,'I" ~...l. ::1'.";' .::'.::'..J I'; tt;J~U FFlX NU, Ill,~~ I ~,~ rp. N:; 13S7 o Checl< IIU' bloc!< it · '....I CHII.D Pl'OTEClMi SERVtC!: INVESllCAllON REPOfll lOt .- - \Tille 2.3 PL c.SA Cl\lIptIl' 131 ~ C/lOdr. INs blocIL '''' Cl\i14 - ,,,,,T,,..'"IO''' .... _ .... .1 ..;. __ ..... ,. 010"...... . - ...""." "-"'-' .1 ....". w-.=.' 'i:' L_"::'=::" ,... .... .." ...'"..,.. P. 17106 wlUll. 1. 0" of ,.. '_'pI of .. ...1 ,- of - ,- - .. ...... - .. .... . ~J)'" ~ ,'^'~ c:..:, ,"tit, 1..\.00 J:~"'" .:~":U' --,~"" :'~ .. '. ',,"" .... Dll 3~ - 1IUJ3 o ~ ~rlPd "Co rs... , Ket4r~ ('!u.. A.lJcMIIe5S lllOCl 'tI.~ r;ity. 91.... '. Co~ 111..- /2,#sf.e.r IW~ . Leht o. elO\,OCUCAl. A at, fill\' M1 Ld (e,;J.a,. r:s- (.ud. $OI:.IAI. ~ITT NO. t I 4~- 81.. <j ~~ ..,1%13 . I'll- t '"ltdJ3 sguo. . ~Jt"'! . '. 10". ,,', C<M<T" I W -K~e;~ ,IIl.ClOAES$ IlflC11I6I Pv"'. (In". Su1e. %1, ~ ..... _... l~'. ..... ,"'1,1 Agol"asS u", ,f ... RElAl1ONGH1P TO V1CTN -- ".;.. .' \";.1.;,.. ',. 'I, . ..~;. (,' .,~~, "...'Il:' ~' :r.. <;'''''H~~~:,,:-7:' '~~" ; ~<r;:l;IW'.""':-'~i.~,'1 TYPE F HE ,. Ptty~~.1 "InjUfiH I'a .urM. ISCalc'ing 01 Wottlff!cehymosis 11 ~)l~on/S\lttoc;ltion 01 Fnch...,u 07 Lac:eralions/Abtulons 12 w.fNf 1n~Ie.JH8morrtmQe 03 Skull Fr.lCtul'os. O. Pu'1cv.sJ8h., . 15" tHim~j~ 04 Subdural ~U)rna tI. Buin Dtf'I\Il9. 14 .sp;_lDislacltiont. BtuiUI 10 Poiaoning ,.. DrugsJAlcohot G 2. lhnl.1 Iftj"';" !DO NOT COMPl.GT& FOR StUll"," AiUsil 3. S'lCull Abuse or Exploittt&on m FbOI m lneest [J!.J C)U1\1I0ry l\a(le 0ee.iate s.xu'" IMereouns Q!J Dr......ng ~ 0tMr m POfn~",hy m Sexual As....lt [EJPromatin! Pros,tibJtion . . . .. ....,.1..1 Nogloel !DO NOT COlIlf't.ETE FOQ snJDENT "'U~ ffio "'.!t'lutlltion r-;;-\ LiIdc. of ~p.",ision 'ii"""l UodiCII NOOIt<;t (rl'$ulting r--;4!Othar _" F'I ~ lflSlAttnSl '" a ptrySlCII ~ in . Clhy1.lcII cond'tiQl"Il ~ ~,Ut' to T't\tNa 'c:ondJOO"' 5, Imlllln.1ll R;Ok IDO NOT COMI'lETl fOIl ~ .uu5EI @] Pll",coI 'nJury @J Sox"" ........ Of ExflOlu(.... ft. DES III TIlE INJURI ICllNDIT10N8 CllE ~ 'I-tJ "'- s .. .. 0 10 .". ,I Cy oM . ./MI JOOI~_ OCT-&ST~. ,l,!.99.3J:.2. I. !!~,l CYA EAST ?EEFS3UFG AUTO P? , 1 FAX NO, 7172937929 Nr. 7Q'J"/ I v. oJ ~ r" ~'._ ' . A. WI'.$ CHlLO ~v AIIUSBl WHIl.E IN A 'CHiLD CAR! saMet" \II delinod '" CPSll B. WAS CHILD ~ ~ 1\C AL\.EGSl AIlUSl'4 SETfIIlGl QneWdeI ..... " ..". 1QII'C1. o_ol c. _ LAW I!N'QACaIIENT ~w.s NO'TFIW OF 1HS IVQim ICY ,04 ...., O. SERVICES Pl.ANISl OR' PR(lVlIlEO: 0'1_' .- 1M _~ bloclL W>br~ pt.,,,",,,,,, ",'~ ... PEA.'P~_~ C11ILD ,.lAEHT ~. Pl./1'Il ,UI'Il PIJ'lI liIiJ ~ ~CounHlin9 .' GB l~ a ~:;al10 Self-Kelp GEJ GEJ GE = to ln1rr~~ [ili] ~ ~ ~.:. 10 eo...."ay PL/'" ~ ~~~~ TYn QlILD pNtalf P9P. 'LIPlI PlJI'll Pl.,", G:G ~ _."'c".....,, SeNl_ r;r,;1 r;r,;lln1trU<1lon .-.d EducOI1on tor ~ L:..L::J ...enIl1oCld G Errwgorcr MedIc.. er. r ..! " ! r;t;l r;;r.;l 0\Nf 1...-1---' ~ L:..L..::J o No SoN;'" P"-ad ot PrOYidl>d ... . I' '. .... '. ....~;';.: ..~.,::.,...~ ;:..' ..:..~.,........n:.lV.CASI! STATUS O PENO~G Jl,Jll9lJlE CCIJAT ACTION ~ 0 Nij .. 0 f(MoIC&) (CDW'I fWIdl"ll- A. CY 40 ..",,;red """" CClJT'l """OIl ~.mdl L ~lIoc1 c:f 48 ",,,,Ired - 0_' C. ,-'tv below) . . ~ D 0 INDICATED . , 0 .._~-~ ...~-" . r" cp' I-->l~"'" 3'0 porootr- E. I'Q1 ._~...... . Uf chtoked. .wwer 1. 2. r:I J) . ~..... --8 ""W q .........p"""'. Ali"t'linion \PI.I ~ PLEASE EJ(Pl.AlN. iN DETAIL nE.IlASIS ~ _ CASE STATUS you CHECKEtl ",.;l SPECII'Y CR_ AC1'1ON. ~.'c1e",,~ tJvJ.k-~ JJr4I+P. q;;.u .saJ;I1;;Q f/JO-- iu;;~;J.d.. ~ ~rM. ~ La. IJ4d I~ IVI.e;ds fJP d.iu<./#rI ~ d'f! rktv:'tt.4 ah~( . r-.t.:M kuJ 1)1;/JI1r 6.1-<'~"'" ""- ~~, ~ ~ ~ ~ ,/),l.~d., WAS n<ERe A RS.JGIOUS IlASIS FOfl CHILD'S cOl'lDlTIONl Vlpollcll>le on"II E ;, ","chell 0 YES 00 ~ 010 '!HE Clfl.O DIE AS A FlESLLT Of' ms INCIOENT or ~ 1Ao~" only il C or 0 .. """ckocIl . ,l:'r .-....., Ple.lS8 chegk IS ......". .3LS throe fJIICt0r5 N r'" them in Of'dar of re4,y-'Ce r,- being most ~ Ewldonce rrwt I.illt lO confirm t)oI" UIKtiOf1 of ?II f.,tc.tt&l 'liIrII'Wd'I 1C)Oa:n txJ contrlbuUt to IbuS&. o sUDST."'ct: AlUS. llNC'LUDf'JI CI'UGS. QCMICA.LS. AI.CQMOL. ETcJ o STN:SS VJE TO 'lNAMCIAl ",OIM.EIf$. lMrttPLOy........T. OlvOACIt. ITCJ o MARGINAl. PAII9<TI\L $1l1L1.S 00 ~_ UNCLU05C _...,sTI. ,..,C1.nDl<So L.",TIO ",,(JWUllCI! OF c>4H.DIl000 ClE\Ill.O'_. "01 o vUL.NCA,qIll.,ITY OF !:WIlD lDUI TO ~II.O" AGE, PWTSICAl. LIMIYATION. D'VE\..OfIMENT~ D6AVS. ETCJ o S~XUAl. OE\lIAHcY OF pUP'ETRATOfl ~$(1) ON A OI...CNOS1'S 0'11I ",,"'MAl. CONVICT10M o A,ouSf IETWftN ,AAENT FICUMS boClSTOItt OF Jll0HTINC ~~ 'AIllENTS O. pAArJll,T 5tJ8ST1TUTW o I~Vrj:'CIOCT ."MILV/:oc:rAI. eu~o"" CSUat AS ~AMl\" MO 'A,90S UNAVAll.AfILE TO MIl, 'WITM FAtI\lLT O. p(A&OP'i!AL N!lO$I o llilll'Al.cO J~MEHT OF pea'FfIlATOfllCAUSEtl 8'( f't.4"SIt:AL.. MeNTAl. OR 'MOTIOfCA'. '-IMI'TATIONg o PI!I'JlEUA.TOfIIIdUSED'AS /4.,OULD ....z;;: ;:;_.JI./~ Qll,.,..o_~ () C. D- f. F. cv " . .,.. Bayley, J. / , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. L1TRENTA, Pcti tioncrfP lain ti ff v. ) ) ) ) ) ) ) NO. 96 - 4577 CHRISTINE L. KETROW, Respondent/Dcfcndant CIVIL ACTION - LA W CUSTODY ORDER AND NOW, this 1 A~ day of oJvt , 1999, the Pctition for Appointment of Psychological Evaluator shall be consolidated for hearing with thc matters previously scheduled to be heard on October 1], 1999 commencing at 1 :30 p.m. in the above- captioned matter. '-- ( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T, LITRENTA, Petitioncr/Plaintiff ) ) ) ) ) ) ) CIVIL ACTION - LA W CUSTODY v. NO. 96 - 4577 CHRISTINE L. KETROW, Respondent/Dcfendant PETITION FOR APPOINTMENT OF PSYCHOLOGICAL EVALUATOR AND NOW comcs Kevin T. Litrcnta, by and through his cc."lsel, Howett, Kissinger & Conley, P.C, who respcctfully sets forth thc following: 1. Petitioner is Plaintiff in the above-captioncd action in custody, whcrcin Respondent is Defendant. 2, On August 26, 1999, Petitioner l1Ied a Pctition for Contempt and Special Relief Pursuant to Pa. R.C.P. 1915.13. This court schcdulcd hearing with regard to said Petition to be conducted October 11, 1999 commcncing at 1 :30 p.m. 3. On August 27, 1999, Petitioner rcceivcd a phonc call from Senior Caseworker Anne Daniel at Lancastcr County Childrcn and Youth Serviccs at which time Daniel indicated that a referral of suspected abuse of minor child, subjcct to the custody proceeding, Nicholas C. Ketrow, born June 14, 1989 (hereinal1er rcfcrrcd to as "Child"), had just been made to that office. Daniel advised Petitioner that hc should not pickup the child for his regularly scheduled alternating wcekend partial custody on Friday, August 27, 4. Pctitioncr rcqucstcd from Danicl a dcscription ofallcgcd acts rcsulting in thc refcrral, but Danicl rcfuscd to go into dctail, stating that such information would hc rcvcalcd to Petitioncr at intcrvicw with hcr. Pctitioncr rcqucstcd the carli cst availablc intcrvicw timc, and Daniel conductcd intcrvicw of Pctitioncr on thc morning of August 31, 1999. During said interview, Daniel acknowledgcd to Petitioncr that the child had alrcady rccantcd allegations sct forth in the original rcfcrral. 5. Atthc time of said intcrview, Danicl recommcndcd that Petitioncr agrcc to participate in counseling with the child, and she further statcd that she bclieved a comprehensivc evaluation of the matter by a qualified mcntal health profcssional was appropriate. Pctitioncr expressed willingness to participate in both counscling and the p.valuation, and Petitioner made Daniel aware of the fact that hc had l1Icd thc Petition for Contcmpt and Special RclicfPursuant to Pa, C.R.P. 1915.13 rcqucsting, inter alia, cvaluation and counseling for the child the day prior to Daniel's original contact to him. 6. In said August 31 interview, the undcrsigned counsel advised Danicl that Arnold Shicnvold, Ph.D., BCFE had becn appointed by this court to invcstigatc similar allegations ofabusc arising in Scptcmbcr 1997. Atthaltimc, Respondcnt had I1lcd a Petition for Protection from Abusc docketed to No. 97-4855 in the Cumbcrland County Court. Said Protection from Abusc Pctition was subscqucntly withdrawn and tcrminatcd after complction of Shienvo1d's invcstigation and various scssions with both partics and thc child. 7. Danicl statcd that Rcspondcnt had cmphatically cxprcsscd unwillingness to have an cva1uation conductcd by Shicnvold in conjunction with thc currcnt rcfcrral. She originally providcd the undcrsigncd counscl with a namc of a Lancastcr COllnty mcnta1 health 2 professional who had assisted that agency with the cvaluation on a regular basis in thc past. Pctitioncr through counsel conveycd to Daniel his willingncss to have that individual pcrfornl an evaluation. 8. By lettcr dalcd Scptcmbcr 2, 1999, Danicl advised thc undersigned counsel that Respondcnt had agrecd to "have thc child cvaluatcd" and to havc the Child attend ongoing counseling scssions ifsuch action would bc thc rccommcndation of Daniel's assessmcnt. In said letter, Daniel stated for the I1rst timc that shc would prefer having the Child evaluatcd in the Cumbcr1and County arca. Daniel stated that Rcspondent had arrangcd for the Child to bc seen by a "Dr. Michael Kazor" because Dr. Kazor was a participating medical providcr with her emp10ymcnt plan. 9. Al1cr immediate subscqucnt invcstigation, Petitioner was able to ascertain Ihat Kazor was not a psychiatrist or Ph,D. in psychology and did not utilizc the "Doctor" dcsignation. Subsequent investigation has revealcd that Kazor works full-time in or through the Camp Hill Prison and has a part-time counscling practice. 10. Petitioner has spoken with Kazor who describes his professional designation as a 1icenscd social workcr. Dr. Kazor statcd that hc had becn engaged for thc purpose of counseling for attention deficit and bchavioral problems of the Child in school, but Kazor added that hc was unsure whether hc would continuc to scc thc Child. II. Danicl has now c1carly statcd to Pctitioncr and Respondent's counsel that the instant CYS referral will not rcsult in an indicatcd I1nding. Danicl stated that hcr report will be completed within the rclativcly ncar futurc. 3 12, Carol 1. Lindsay Esquirc, cOllnscl for Respondcnt, has ask cd Pctitioncr through counscl to rcfrain from cxcrcising any partial custody rights until such timc as he and thc child havc cngagcd in some form of counscling and thc counsclor rccommcnds re-initiation of contact. Lindsay has rcquestcd that Pctitioncr agrce that Stanlcy Schncidcr, Ph.D. bc a mutually sclected counsc10r in the case, and Pctitioncr assumcs that Kazor would no longer bc involvcd in thc matter. 13. Lindsay has clearly stated to thc undersigncd counsel thai Respondcnt does not intend to have Ihe child and/or parties evaluatcd as per thc original recommcndation of Daniel. 14. Petitioner bclieves and thcrefore avers that the bcst intcrest of the minor child would be most fully scrved by conduct ofa comprehensivc psychological cvaluation of the child, both parties, Respondent's parents, Rcspondcnt's boyfricnd and Petitoncr's wife Suzanne Litrenta. Dr. Shienvold is familiar with the child and thc child was comfortablc with Shicnvold during his invo1vemcnt in 1atc 1997 through mid 1998. 15. Shienvold is a promincnt local psychological professional who has testified frequently before thc Cumbcr1and County Court and who has vast cxpcricncc and expertise in both psychological cvaluations for custody cascs and thosc surrounding allegations of abuse. 16. Pctitioncr bclievcs and thcrcfore avcrs that hc should bc pernlittcd to resume his partial custody with thc child al thc carlicst possible opportunity, and that it is essential that an evaluator bc immedialely appointcd to makc rccommcndations to thc partics and thc Court with rcgard to rcsumption of partial custody. 4 VERI FI CATION I, Kevin T. Litrenta, hereby swear and affirm that the facts Petition for Appointment of contained in the foregoing Psychological Evaluator are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. 'o~:t~ Date: 9/29/99 ~....~'..'...'...'..' <if<" ~'~l ;;;'~8< .~,."".." ~.""'.""". '...~~., ~'<. o .>'1 "'8.') ... E--t': .z...... ~, 01f1 .;::>.'...I........-a-.. 8 !3. ," < r::l .,~ ~'...,~..80.. ",,00':;'; 0\) - ~.~ o~ n=:; :;!..tJi . ','57- lJiro 0)[1_ ::>. :? (.) ",.t:'l ::c Co" ..0 .....J. t!l :a $ 4-1 4-1 .... ... <l ..r-I "',as ~<et , ,,',$.4 ':!l HO ..:l.... ... ..r-I ...... " .:;,;p.. H > 0<1. ... ., .., > ... a 't:l . <l ~ " 04-1 ~~ ...... = . " ..:l't:l <l 0<10 :;';'" H<Il ... " "'~ H gj o o II< Ii III ~ ~ t: ~ ~ ~....:~ ~ III 1"0 ~ I&l rilln = >- ~~ ~U S,ClJI'1l ~ e g o ~ > Ii! ~ 0 = ~ .. w ~ ~ :il ~ '-'. . ; .', ~ ., '. ". . t , . .' ... . . HOWETI', KISSINGER & MILES, RC. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. L1TRENT A, Pctitioncr/Plainti ff ) v. , I ) ) ) ) ) CIVIL ACTION - LAW CUSTODY NO. 96-4577 CHRISTINE L. KETROW, Respondent/Dcfendant ORDER AND NOW, this day of , 1999, upon consideration of Petitioner/Plaintiffs Petition for Contempt and Special RcliefPursuant to Pa.R.C.P. 19515.13, it is hereby ORDERED and DECREED that Respondent shall immediately cause thc Child to be enrolled in the St. Joseph's School for the commencemcnt of the 1999-2000 school year pending hearing on the merits of the Petition and/or further Order of Court. Hearing on this matter shall be conducted on the _ day of , 1999, commencing at _ m in court room of the Cumberland County Courthouse. BY THE COURT: J. IIIIlI hchavioral prohlcl11s of the Child. Rcspondcnt's counsel was notified of the Petitioner's position pursuant to Icttcr dated August 12, 1999, a copy of which is attached hereto as Exhibit "A" allll ineorporalcd hcrcin by rcfcrcnce. 5. In a phone conversation on August 12, 1999, Respondent's counsel advised Pctitioncr's counscl that she would not be capable of speaking with her client regarding thc issuc 10" a pcriod of in cxccss of one wcek and that she therefore could not convey to the undcrsigncd counscl Rcspondcnt's position with regard to the matter at that time. 6. Pctitioncr promptly contacted St. Theresa's School and was advised by that school that thc Child had not been enrolled for the 1999-2000 school ycar. 7. Pctitioncr contacted St. Joseph's School and was advised that they were unawarc of any changcs in the status of the Child and that they carried him on their records as cnrollcd for said school year. 8. On August 20, 1999, Petitioner discussed the status of the Child with Rcspondcnt and Rcspondcnt stated that she intended to make the change but it had not yet occurrcd. Pctitioncr contactcd St. Joseph's School and St. Theresa's School on August 25, 1999, at which timc hc Icarncd that thc Child had bccn withdrawn from St. Joseph's and enrolled in St. Thcrcsa's for thc 1999-2000 school year which commences Monday, August 30, 1999. 9. On thc evening of August 25, 1999, Petitioner contacted Respondent by phonc and inquircd as to thc status of the Child's enrollment. Rcspondent misreprcscnted the timing of thc cnrollmcnt and the Petitioncr pointed out to the Respondcnt that he had spoken with thc rcspcctivc schools about the matter. Respondent curtly stated "I'm gonna do what 1 want to do," and dirccted Petitioner to never phone her at her rcsidence in the future. 10. Petitioner learned today that Respondent had takcn initial steps to enroll the Child in the new school before she had ever raiscd the subject with Petitioncr. Respondent's actions since early August have been clearly calculated to mislead Pctitioncr to thc dctriment of the Child. ] 1. During sessions conducted pursuant to court ordcr by Arnold Shicnvold, Ph.D. in 1998, Shienvold specifically recommcnded that thc Child undcrgo ongoing and continuous counseling. Respondent originally agreed to commcncc counseling for thc Child, but she later failed to follow through and take the Child for any scssions, and her counscllater suggested in writing that contact with the Child's school counsclor at St. Joseph's, Joyce Pavolich, would be satisfactory to satisfy any necds for ongoing counseling. Petitioncr contacted Pavolich and learned that she was only seeing thc Child rclated to disciplinary problems in school, and Pavolich candidly acknowledgc that the Child should appropriately receive outside counseling. 11. Records for the Child from the 1997-1998 school year at St. Joseph's School reflected that he was late for school no less than 35 times. Petitioner understands that the Child has a significant number oftardics or absenccs during the 1998-1999 school year. Pavolich advised Petitioner of a special conference being conducted with thc school and attendcd by Respondent to discuss disciplinary and educational matters, and Respondent failed to contact Petitioncr to advise him of the conference. 12. Information gleancd by Pctitioner from Dr. Shienvold and Pavolich causcs serious concern that the Child suffers from attcntion deficit disordcr and/or Icarning disabilities which may require immediate evaluation and ongoing trcatmcnt. Rcspondent indicatcd to Pctitioncr toward the cnd of the 1998-1999 school year that she blames the Child's teacher and othcr school pcrsonncl at St. Joseph's for the current difficulties in the Child's school pcrformancc and behavior, and Rcspondent had previously utilized similar rationale in removing thc Child from a prior school to St. Joseph's. 13. Petitioner believes and therefore advers that any attempt to change the Child's school at this time only scrves to cause further disruption at a critical time in the Child's dcvelopment. Notwithstanding the past behavioral difficultics at the St. Joseph's School, Petitioner believes and thercfore advers that said institution was making all attempts to provide proper boundaries and resources to permit the Child to succeed. 14. Respondent's unilateral actions in removing the Child from the St. Joseph's school over Petitioner's objection constitute contempt of the shared legal custody provision of the April 3, 1997 custody order. Her actions have been taken without any conveyance of any legitimate reason for another school change, and it is averred that Respondent is again attempting to run away from rather than addrcss the Child's educational and behavioral problcms. It is respectfully submitted that absent appropriate intervention said difficulties will rccur at any educational institution. WHEREFORE, Petitioner rcspectfully rcquests that this Honorable Court enter an immediate order directing Respondent to rc-enroll the child in the St. Joseph's School pending hearing on the merits of this Pctition for Contcmpt and for Special Relief and further order of court. Petitioner furthcr rcqucsts that, after hcaring, this Court direct Respondent to immediately present the Child for evaluation for attention deficit relatcd disorders and for learning disabilities so as to permit a prompt detcnnination as to whether treatmcnt is appropriate; that this Court l~f: rl~':' ' 1\~~i<'i<';':rf' \0 ',> ~);'X~,,:;: ,~:' ~~.:i~ ~I~/';' !S~,/,",:,'i,~r . ,,:,', '~, ::; g:s:; ( ~ t)> ".5=! ""':::"0"1' ','~:.)2 rcZ " <"j(Jj' me. ~:~ " C,J' ". \ :. ,", .~, ~ . , ,. ;-'.'.:' . ~~i~1~:\,{J:j: ,~~i ," ltl~;~1f ';""""15."O\, 1; ~ri;l;i ~,~~,~/ '.'f-i8:z: 1;~IE: ~ .~ .~ B, .<1.4-1 ..4-1 ~:" "~.n <l , ,', 'S' ..,'..,.... l~ ":::I' . '... .' . . ... I <l as 't:l <l . " fZ ~~ 1ll i . '..:l . '> [;:l ~ '" H gj 0 ., .~ ~". ":<.-':,:. >' I:ol, ~",!! O'<"~:',;~" ~~E ~J :,~_e'JQ ~ et;!:;ll ~~ho <CI)Pi-!1Il. ...a rI1.o'UJ,,'.~ ", !2::l ~= . ; ',.1: == ~ = .' tAW Omcl'-S 01' '. HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISIlURO, PENmYlVi.N1A 17108 , . KEVIN T. L1TRENT A, Plaintiff ) ) ) ) ) ) ) IN TI-IE COURT or COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W 9 b'- "I-{,'77 Co~( hllJ CHRISTINE L. KETROW, Defendant IN CUSTODY RESPONSE TO COUNTER-CLAIM AND NOW comes, Kevin T. Litrenta by an through his counscl HOWETT, KISSINGER & CONLEY, P.c. who responds to thc Countcr-Claim as follows: 17. Admitted. 18. Admitted. 19. Admitted. 20. Dcnied. It is specifically denicd that Plaintiff/Petitioncr has violatcd the tcnns of the August 27, 1998 Order in any fashion. Moreover, it is dcnied that Plaintiff/Pelitioner has at any time pulled the child's hair or hit thc child in the stomach or thc legs, and specific proof thereof is demanded. 21. Denied. It is specifically dcnied that Plaintiff/Petitioncr has engagcd in any course of conduct which has damaged thc child emotionally. It is further dcnicd that Plaintiff/Petitioner has refcrrcd to thc child as "Gay Boy", "Sissy Boy", "Fat Boy". It is avcrrcd that thc nicknamc "Bucky" was affectionatcly uscd on limitcd occasions with no apparent advcrse reaction from thc chi Id. 22. It is specifically dcnicd that Plaintiff/Petitioncr has at any time convcycd to thc child any threat to "take custody of the child away from thc mothcr", and it is instructivc that Defendant/Respondent includcs such an allcgation in hcr Countcr-Claim whcn Petitioner/Plaintiff has to date not filed a pctition sccking primary physical custody ofthc child. It is denied that "father has been a fcature of the child's lifc only for thc last two ycars.. .", although it is acknowledged that Plaintiff/Petitioner had little contact with the child ovcr an cxtendcd period at thc beginning ofthc child's lifc. 23. Denied as statcd. It is admitted that Plaintiff/Petitioner adviscd Lancaster County Case Worker, Anne Daniels that the child has wet the bed and dcfecated on the floor in his home. Moreover, Defendant/Respondent, Christine Ketrow had previously admitted to Plaintiff/Petitioner that the child had wet the bed in her home as well. 24. Denied. It is emphatically denied that the child is being emotionally damaged by continuing visitation with Plaintiff/Petitioner. It is acknowledged and has been repeatedly asserted by Plaintiff/Petitioner that the child is in need of counseling and evaluation, and Plaintiff/Petitioner intends to fully cooperatc in such counseling and/or evaluation. It is specifically deni~d that any basis exists for this court to ordcr Plaintiff/Petitioncr to refrain from exercising periods of partial custody at this time. 2 WHEREFORE, Plaintiff/Pctitioncr rcqucsts that this Honorablc Court dismiss the Countcr-Claim with prcjudicc and dircct that partial custody resume pursuant to this court's ordcr of April 3, 1997 as modificd by thc order of August 27, 1998. Date: /o~/t Respcctfully submittcd, Donald T. Kissinger, Esquir HOWETT, KISSINGER & LEY, P.c. 130 Walnut Strcct P.O. Box 810 Harrisburg, P A 17108 Tclephonc: (717)234-2616 Counscl for Plaintiff/Pctitioncr Kcvin T. Litrcnta 3 ( KEVIN T. L1TRENTA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTINE L. KETROW, DEFENDANT : 96-4577 CIVIL TERM ORDER OF COURT AND NOW, thjs~daYOfOctober, following a hearing, ITIS ORDERED: (1) The rights of the father Kevin T. Litrenta to periods of partial physical custody with his son Nicholas C. Ketrow, born June 14, 1989, pursuant to the order of March 6,1997, shall recommence with the weekend of Friday, October 22,1999, at 6:30 p.m. until Sunday, October 24, 1999, at 7:00 p.m. (2) The parties shall forthwith make arrangements for Nicholas to undertake therapy with Stanley E. Schneider, Ph.D., and they shall cooperate with Dr. Schneider in all aspects of that therapy as he recommends. The cost shall be borne seventy percent by father and thirty percent by mother. (3) The petition of the father for the appointment of a psychological evaluator, IS DENIED. (4) The petition of the father to hold the mother in contempt, IS DISMISSED. By the Court, / ~ ' " . L{A 0'/ Edgar B. Bayley, J. \ by this Honorable Court on August 27, 199B based upon the Stipulation of the Parties. A copy of that Court Order and the Stipulation is attached hereto as Exhibit "A". By the terms of the Court Order, Petitioner Kevin T. Litrenta is ordered and directed to refrain from physically disciplining Nicholas C. Ketrow. 7. After reasonable investigation Respondent is without information sufficient to form a belief as to the averments of the statements in paragraph 7. By way of further answer, Respondent and Ms. Daniel never discussed an evaluation at all, nor was Dr. Shienvold's role ever discussed. Further Respondent's unwillingness to agree to an evaluation of her son by Dr. Shienvold is based on her belief that the child has been counseled by Dr. Shienvold, and evaluated not only by Dr. Pauline Wallin in 1996 but also by the Intermediate Unit in 1999 and is currentiy being treated with Ritalin for Attention Deficit Disorder. A copy of the evaluation is attached hereto as Exhibit "B". 8. After reasonable investigation Respondent is without information sufficient to form a belief as to the averments of the statements in paragraph 8. 9. Admitted that Michael Kazor has an MSW. By way of further answer, although Mr. Kazor works in the Camp Hill prison he also maintains a counseling practice through New Vision in New Cumberland, Pennsylvania. 10. Admitted that Mr. Kazer is counseling the child. By way of further answer, Respondent does not know what Dr. Kazor told counsel for the Petitioner. However, Dr. Kazor is treating the child, presentiy in part for the child's difficulties with his father as more specifically set out in the Counter-claim below. 11. After reasonable investigation Respondent is without information sufficient to forma a belief as tot he averments of the statements in paragraph 11. 12. Admitted. 13. Denied as stated. By way of further answer, counsel for Respondent has indicated Respondent's willingness to have the child engage in counseling with Dr. Stanley Schneider. By way of further answer, Dr. Schneider has agreed to act as the counselor for the child and to engage both parents in the counseling process as needed. By way of further answer, so far as the undersigned knows, Ms. Daniel is recommending significant counseling for the child and his father, not an evaluation. 14. After reasonable investigation Respondent is without information sufficient to form a belief as to the averments of the statements in paragraph 14. By way of further answer, the child has expressed to the Respondent his mistrust of Dr. Shienvold in Iiaht of the continued physical discipline of the child and/or abuse of the child as set out in Counter-claim. Respondent believes and therefore avers that Petitioner is seeking a custody evaluation although he has not filed a complaint for custody. Respondent believes and therefore asserts that a custody evaluation is not necessary and that if it were necessary she would be so advised by the child's therapist. Further Dr. Shienvold could not perform an evaluation as he has previously functioned as a therapist for the child and his father. 15. Admitted. 16. After reasonable investigation Respondent is without information sufficient to form a belief as to the averments of the statements in paragraph 16. By way of further answer, Respondent is willing to provide the child to Dr. Schneider for counseling and to egree to attend sessions with Dr. Schneider as required and to provide the child for a cornplete evaluation if that should be Dr. Schneider's determination. WHEREFORE, Respondent prays this Honorable Court to dismiss the Petition and order the child and the parties hereto to engage in counseling with the frequency and duration as determined by Dr. Stanley Schneider. '" ........ '- COUNTER-CLAIM 17. The captioned case is controlled by this Court's Order of April 3, 1997, as modified by the Court's Order of August 27, 1998. The latter Order is attached hereto as Exhibit "A", the former Order is attached hereto as Exhibit "C". 18. By the terms of the Court's Order of March 6, 1997, the parties share legal custody. Respondent enjoys prirnary physical custody of the child and Petitioner has partial custody at certain times including alternating weekends. 19. The Court's Order of August 27, 1998, modified the previous Order by prohibiting the Plaintiff from physically disciplining the child. 20. Since the entry of the Court's Order on August 27, 1998, Petitioner has violated the terms of that Order by pulling the child's hair, hitting him in the stomach and on the legs. 21. Further, since the entry of the August 27, 1998 Court Order, Petitioner has engaged in a course of conduct toward the child which has damaged the child emotionally including, but not limited to, calling the child names such as "Bucky", "Gay Boy", "Sissy Boy", and "Fat Boy". 22. Petitioner furthers the child's unease by threatening to take custody of the child away from the Mother despite the fact that the child has been in the Mother's custody since birth and that the Father has been a feature of the child's life only for the last two years having had no contact with the child for t;'e first six years of the boy's life. 23. The child has advised the caseworker in Lancaster County and, fl1rthermore, Petitioner has admitted, while the child is in Petitioner's custody he wets the bed and has defecated on the floor, behavior not evidenced in Respondent's home. 24. Respondent believes and therefore avers that the child is being emotionally damaged by continuing visitation with Petitioner, that the child is in need of counseling and that until the child's counselor determines that Petitioner should continue contact with him, Petitioner should be ordered by this Court to refrain from exercising periods of partial cllstody. WHEREFORE, Respondent prays this Honorable Court to modify the Court's Order of March 6, 1997 so that Petitioner is enjoined from having no contact with the child, except as determined through the child's counselor and therapist. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Defendant "\ By: C rol J. Lindsa ,Esquire # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 Date: /C/1/tt; KEVIN T. L1TRENTA, Plaintiff vs. CHRISTINE L. KETROW, Defendant AND now, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 964577 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE '7 day of (;i'/-r:t,'ij/" , 1999, I, Carol J. Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Answer to the Petition for Appointment of Psychological Evaluator and Counter-claim this day by depositing same in the United States Mail. First Class, Postage Prepaid, in Carlisle. Pennsylvania, addressed to: Date: / t) /7 /tJ1 { I ' Donald T. Kissinger, Esquire HOWETT, KISSINGER & MILES, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 FLOWER, FLOWER & LINDSAY Attorneys for Defendant By: VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date:-1Ck(f Jf1 I / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. L1TRENTA, Plaintiff v. ) ) ) ) NO. 96-4577 ) ) CIVIL ACTION - LAW ) CUSTODY CHRISTINE L. KETROW, Defendant ORDER AND NOW, this ~'1 day of Q""'Y'<A.-T , 1 998, upon consideration of the attached Stipulation for Entry of Order, it is hereby ORDERED and DECREED as follows: 1. Kevin T. Litrenta shall refrain from physically disciplining Nicholas C. Ketrow. 2. Partial custody of Nicholas C. Ketrow shall resume pursuant to the Order of Court entered April 3, 1997. BY THE COURT: -1. J I C"eL!),^, r3. i53.n~d- J. Tr.U~ r.~-'I -"~"i RF.CORD I,," " ';,' , .cl my hand ~~ri;! :h:: ';,.:d ,,: .;~ I.... '!:;.IIJ, Pa. 1hi,; ,.<iJ.'/.);1... d~! 0; ., Q""b:'" 19..7.!f.. ''',...........J&~'8'{.t' .::e~.~.........._.. .t.fitJ.. Prothonotdry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. L1TRENTA, Plaintiff ) ) ) ) NO. 96-4577 ) ) CIVIL ACTION - LAW ) CUSTODY v. CHRISTINE L. KETROW, Defendant STIPULATION FOR ENTRY OF ORDER AND NOW come Christine L. Ketrow and Kevin T. Litrenta, by and through their counsel Carol J. Lindsay, Esquire and Donald T. Kissinger, Esquire, who stipulate and agree as follows: 1. Kevin T. Litrenta agrees that he will refrain from physically disciplining Nicholas C. Ketrow, born June 14, 1989. 2. The Temporary Order dated September 8, 1997 in the action docketed to No. 97-4855 in the Court of Common Pleas of Cumberland County shall be terminated pursuant to consent order, and the Petition for Relief under the Protection from Abuse Act shall be withdrawn. 3. Partial custody of Nicholas C. Ketrow shall resume pursuant to the Order of Court entered April 3, 1997 in the above-captioned action. IN WITNESS WHEREOF, the parties hereto and their respective counsel set their hands and seals this "2-p;; day of A-u-r; 'L~~ , 1998. IRE :;.~t" .:..' L'-.':.' ._)0\):. nO' t1J_',;,t.HI)LL' t IfIHr,I.IH... '(1',' t,':H t:>'_~l~'l IU ':':..Ut,'):U .-'. U ~" U') - Report of Psy~holo8i~al Evaluation: Nicholas Canaan Ketrow Date of Evaluation: 1.19-99 DOB: 6-14-89 Page 2 RRA~ON FOR REFERRAL: Nicholas is a 9-year. '-month-old third grade student at St. Joseph School referred duc to long-standing difficulties with grades, disruptive behaviors, allention and focusing. BACKGROUND TNFORMA nON: Nicholas lives at home with his natural mother. Ms. Christine Ketrow. Parents have been separate<l/di- vorced for several years, and Nicholas visits wilh his Cather every other weekend. Mother indicated that Nicholas was the product oC a high-risk pregnancy. that he was born at 7 Ibs, , oz_ near his due date, by natural delivery, and was released after the nonnal hospiUll stay. Medically he has been rather healthy ex~ept fOr being hospitalized Cor eight days when he was 16 mO(lthS of age due to the flu. Additionally, he had tubes placed in his ears bilaterally when he was 2~ years old. Most developmental milestones were met on time except lhnt "it took forever" for :-licho!as ro be toilet trained. He does not presently bed-wet. School hislDl"l indicates thai Nicholas attended a preschool from 9 months of age through 4 year~ of age, and no conce1'll.l were raised. He then went to kindergarten and first grade at Emmanuel Baptist School where he was described as having difficulty sitting still and as having social problems, but mother feels that he did not respond well to that particular school. He then repeatc'.d first grade at 5t. Joseph School WId things went well. as they did in second grade. At the beginning of this school year, Nicholas got off to a poor start as regards his behavior, and academics are rather inconsist<:nt. He was previously involved in individual psychotherapy for a period of 4 to 5 months approllimately one year ago. RESlJLTS AND DISCUSSION: In this one-lD-one evaluation setting, Nicholas revealed himsdf to be a very pleasant. cooperative, appro. priately assertive, well-mannered and mature young man. He displayed good poise and appeared interested in the various things we did. Outside of school he enjoys playing Legos, Game Boy, and flag football. Conversational language was adequate with regard to fluency, grammar and general discourse. However. in other areas of social development, concerns are raised. Both teacher and parent indicate that he has difficulty in adapting to new social situations, and often at recess either plays alone or is the last one chosen in a group game. Emotionally and psychologically, concerns are also seen. Nieholas describes himself as a happy boy who enjoys sledding and snowmobiling with a male Criend of his mother's. Nicholas would like to be a face car driver or "race anything" as an adult. However, when asked to draw his family he expressed that he didn't know which family to draw, whether it would be his mother and her boyfriend and his family, or his father and his girlfriend and her family. He cnded up dtawing a combination of bot.'! families at an amusement park. Projectively the drawing is suggestive of an~iety and anger. This is consistcnt with the school guidance counselor's feelings that l\icholas is an anxious child. that he worries about the separa. tion of his parents. and that he feels different from other kids. Checklists completed by teacher and mother are also consistent with elevated anxiety and some depressive symptomatology. as well as atten. tiona! difficulties. They describe him as worrying a lot, worrying about school. worrying about parMts, and being easily upset and giving up easily. '".> !, ..( :It"r ~:J 1')'")':) ..~;1'U:' r-t"' r-l.U;:,t:J1ULlI rHIHI',I_H,- ',TI' b'n b':j~'l IU "::4';;b:..~U -'. l~J,'U~. r / Report of Psychological Evaluation: Nicholas Canaan Ketrow Date of Evaluation: 1-19-99 008: 6-14-89 Pagc 3 Nicholas also displays somc ambivalcnce toWlltds school, Though enjoying his teacher, he would prefer to stay at borne and play with his grandpa or build models. His favorite subjccts are art, gym and, to a lesscr extent, mathematics. His least favoriw subject is language arts because "I'm not good at it." He admits that the teacber has to remind him to pay aMntion and that in school "I feel like jumping around." He has recenUy gotwn into trouble in the after-school program because he has difficulty in sitting down appropriately and will go off and walk on the ice, for cxampIe. when direcUy told not to. Physical factors indicate that Nicholas is predominantly left handed and right footed. Though posture and stamina were good, gross-motor skills werc rather poor. He was unable to skip, even after demon- stration. He can not yet wink with one eye. Observation of rapid hand movements and thumb to each finger touching indicated rather poor performance. Overall, there is a sense of neuropsychological devel- opmental weakness. While working on the fonnal test items. Nicholas had difficulty in sitting in his chair. prcferred to stand, was rather antsy. and had poor sustained attention. Though on each task he could maintain attention and com:entration, in between tasks he often had difticulty in self.monitoring, Cognitive factors indicate that Nicholas is performing within the Average range of ability with particular strength in verbal sleills and a decided weakness in nonverbal reasoning. Verbal skills include such things as word defmitions and noting similarities between different word concepts. Nonverbal Reasoning includes completing matrices and S<lquential and quantitative reasoning such as pattern analysis and inductive rea- soning. Spatial Reasoning was within the average range. Overall, Nicholas' Verbal skills are at the Slst percentile, his Spatial skills at the SOth percentilc, and bis Nonverbal Reasoning skills at the 10th perccn- tile for his age, Short-term memory skills, particularly for meaningful and everyday lists of objects, were rather poor. This is also seen in incidental memory of n line drawing (the Rey) on which Nicholas per- fonned below the 1st percentile for his age in memory for this design. A Jot of these difficulties in his memory and thc nonverbal reasoning areas can be ascribed to impulsive responding. Achievement results are somewhat below expectancy in basic numerical computation sl:ills as well as word attack s1eil1s. Results during this evaluation are ,somewhat lower than those obtained on the Iowa Tests of Basic Skills given in October of 1998. At that point. Nicholas performed within the average range in Reading and Total Language, and performed above average in Mathematics. These inconsistent results are. in a sense, consistent with teacher and parent reports that one day he will do well and the next day rathcr poorly. PARENT CONFERENCE: Following the evaluation a parent conference was held with Ms. Ketrow. Background information was obtained and psychological results were discussed. IMPRESSION ANn RECOMMENDATIONS: Nicholas Ketrow is a 9-year, 7-month-old third grade student who has been rcferred due to long-standing difficulties with grades, disruptive behaviors. attention and focusing. The pre>ent evaluation reveals a very pleasant. cooperative young boy in this one.to-one situation. Cognitive development is within the average range, with clinical difficulties noted in incidcntal memory and inductive reasoning (mainly due c () r:. '( _cr '::,J J,.::l~l=, .1:)'1;;,0 r-I'" . I' .. J ' ,1_ .I~~MI.J'-L. t-: r'IHr~ I ' ~-==tJ 'al . '" cno . HL (J.I ~.;.'t' I-'f'" .~ of Psycholo~lcal Ev uatlon; "I ''''' '-,-- . - - -~- Date of Evaluation: 1-19-99 to impulsive responding). Achievement levels were somewhat lower on this date as compared \0 those on the Iowa given in October of 1998. -fbough a certain portion of Nicholas' behaviors is due to emotional and family. factors, he does.appear 10 have attenlional, iIOpulsivity and focusing problems in addition to those difficulUes. Presendy thiS appears 10 be leadinl: to social difficulties with classmates as well as feelings of low self-confidence and self- worth. Though sp"~ific learning disabilities cannot be ruled out at this time, his interfering behaviors maj(e diagnosis problematic. With the above in mind, the following recommendations are made: I J .:;'4:.1;,':,18 _ ~'. J':;/U,:" I. Based upon present evaluation and history, I have encouraged Ms. KetroW to seek medical consulta- tion and Intervention, if appropriate. In addition to emotional and behavioral factors, Nich<llas' characteristics are consistent with a diagnosis of Attention Deficit Hyperactivity Disorder - Combined Type. These behaviors are significantly and negatively impacting upon academic progress and social skills. .~w. 2. Should medical interVention be initiated, then a trial p.:riod to see how Nie~las adjusts would be in order. 3. Whether pharmaceutical inteT'lention is initialed or not. Nicholas contin\l~ to benefit from school guidance counseling to help with social skills, impulse control, and geneial feelings of frustration and low self-esteem. <' . 4. Following a monitoring period, revisitation of possible leaming disabilities as well as Nicholas' nc:ed for more ongoing outside-of-school psychological therapy should be made. 5. These resulls and impressions will be discussed at an upcoming Student Suppol'! Team meeting IC which parents are invited. ' ~ , GEO d. I<URIE. c:ert. School Psychologist P A Licensed Psychol~~t #PS-003309-L j:. , c;c: Ms, Christine Ketrow. 912 Bosler Ave.. Lemoyne, PA 17043 Sporting Hill Family Health CtInter, 350 S. Sporting Hill Rd., Mechanicsburg, PA 17055 GdKJeol 99Q4700l.PSY ------- --.------ H TOTHL Fr.H"I[. 05 ~:l< COP y EXHIBIT "e" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, ) Plaintiff ) ) v. ) NO. 96-4577 ) CHRISTINE L. KETROW, ) CIVIL ACTION - LAW Defendant ) CUSTODY ORDER AND NOW, this 3 NL day of rlt~ , 1997 , it is hereby ORDERED and DECREED that the provisions of the StipUlation for Entry of custody Order entered into between the parties which is attached hereto, are incorporated herein as an Order of this Court. BY THE COURT: i1 l' ~,L(.:K.- d. 1~ J. mm: COpy }"=RCM RECORD ;:t ':-'~'..~:';' ..~: :;' ":":~; :.:~:.:;;r;~ l.~i:::.;:;~~~{t~;1I1 l'd'!.~ ,;", d.J2,~~. /.$7 ~ hI*"- '&. 1]& P.Y;LL;~_:. Prait;onolary R"oB-I9-1997 16:16 HDWETT,KISSI~,MILES,PC 717 23dS4e2 P.03 IN THE COURT OF COMMON ?LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN T. LITRENTA, ) plaintiff ) ) v. J NO. 96~4577 ) CHRISTINE L. KETROli, ) CIVIL ACTION - LAW Defendant ) CUSTODY STIPULATION FOR ENTRY OF CUSTODY ORDER ~-o NOW, ~~is C;~ day of ~ , 199-1 cone the parties in the above-captioned ac~ion and enter into this stipulation: WHEREAS, Plai~~iff, Kevin T. Litrenta (herei~after referred to as "Father"), ar.d Defendant, CJ:ristine L. Ketro'" (hereinafter referred to as "Mother"), are the parents of one ;ninor child namely Nicholas c. Ketrow (hereinafter referred to as "Nicholas"), born June 14, 1989; and WHEREAS, NichOlas is presently in the primary physical custody of Mother; and WHEREAS, on August 15, 1996, Father initiated a Complaint for Shared Legal and Physical custody docketed to the above~ captioned number in the court of Common Pleas of Cunberland county, pennsylvania in which he requested shared legal and physical custcdy of Nicholas; and WHEREAS, the parties have deternined ;hat it is in the best interests of Nicholas that the pending cus~ody issue be resolved amicably between them, and after negotiations in which both parties were represented by counsel ot their choice, the parties FElH9-1997 16:17 HOWETT,KISSINGER,MILES,FC 717 23<:5402 P. 04 have reached an agreement as to the physical and legal custody of Nicholas. NOll 'rIlEREFORE, with tile foregoing recitals beinghereina!ter incorporated by reference herein and deemed as an essential par~ hereof. and intending to be legallY bound nereby, and for other good and sufficient ccnsideration, the receipt of .hich is he:eby acknowledged, the parties mutually agree and stipulate as follows: 1. Leoal CustodY. Legal custody as that tern is defined by 23 Fa.C.S.A. ~5302 shall be shared e~ally between the parties. 2. lla;oritv physical custody. l1ajority physical custody of Nicholas shall be in Mother. 3. partial physical custody. Father shall have partial physical custody rights with Nicholas as follows: a. lleekends. Every other weekend frcm Friday at 6:30 p.m. through Sunday at 7:00 p.m. b. KOlidavs. Alternating holidays fro~ 9:00 a.m. through 9:00 p.m. Said holidays shall consist of New Year's Day, Easter, Memorial Day, July 4th, and Labor Day. o. Thanksqivinq. In 1997 and in all odd- numbered years thereafter, Father shall be entitled to physical custody of NiCholas from 9:00 a.n. Thanksgiving Day through the following Sunday at 7:00 p.m. Likewise, in 199B and in all even- numbered years thereafter, Mother shall be entitled to physical 2 FEIl-1!H937 16: 17 iJWETT, KISSINGER, MILES, PC 717 23'54e2 P.B5 custody of Nicholas froM Thanksgiving Day at 9:00 a.m. through the following sunday at 7:00 p.~. d. Cbristmas. In 1996 and all even-numbered years thereafter, Father shall be entitled to physical custody of iiichclas froIJ 12:00 p.m. Christmas Eve through 12:00 p.m. Christ~as Day. I~ 1997 and all odd-numbered years thereafter, Father shall be entitled to Fhysical custody of Nicholas frcm 12:00 p.m. Chris~~as Day thrcug~ 12:00 p.m. DeC€Nber 26. !n 1996 and all even-numbere:l years thereafter, Motller shall be entitled to physical custody of Nicholas frem 12:00 p.o. Christmas Day through 12:00 p.~. Deceober 26. In 1997 and all odd-numeered years thereafter, Mother shall be entitled to physical custody of Nicholas frem 12:00 p.m. christmas Eve through 12:00 p.m. Christmas Day. The remainder of Nicholas' Christmas/New Year break from school shall be equallY divided between the parties as they agree. e, sbrina Break. Father shall be entitled to one-half of Nicholas' spring break ~rom school as the parties may agree. f. Summer vacation. Father shall be entitled to three (3) weeks of physical custody of Nicholas during the traditional sunrner school vacation in 1997 with one week occurring in June, cne week in July, and one week in August as the parties may agree. commencing in 1998 and thereafter, Father shall be entitled to four (4) weeks of physical custody of Nicholas during the traditional summer school vacation with one 3 FEB-19-1997 ,6: 18 HOWETT,KI;SI,~,MlLES,FC 717 2~$<llJ2 P.~ week occurring in June, two weeks in July, and one week in August as the parties may agree. 4. School Choice. The parties acknowledge that they have discussed the possibility of Nicholas' at~endance at Lancaster Country Day School commencing in the fall 1997. The parties agree to continue these discussions so as to reach agreement in the best interests of Nicholas regarding the school choice for 1991 and thereafter. The parties agree that Nicholas' school shall not be changed without consultation between t~e parties and no less than six~y (50) days advance written notice to Father. 5. Father'S Dav/Mother's Dav. father shall al~ays have physical custody of Nicholas on Father's Day from 9:00 a.m. through 9:00 p.~. Mother shall always have physical custody of Nicholas on Mother's Day from 9:00 a.m. ~hrough 9:00 p.m. 6. Additional Time. Both parties agree that Father may spend additional time ~ith NiCholas at such other times as the parties may mutually agree. 7. Soecial circ~stances. The parties agree that should special circumstances arise they shall discuss said circumstances and if they are in agreement, modifY their custody agreement to accommodate the special circumstances. a. Entry of court order. The parties agree that the terms of this stipulation for Entry of Custody Order shall be entered as an Order of Court at the request of either party and enforceable by the court as if a full hearing had been conducted. 4 FEB-19-199? 16' 18 iJUETT.KISSIHGER.MILES.PC 717 234S4e2 . P,iJ7 IN WI~NESS WHEREOF, the parties have signed, sealed and acknowledged this stipulation. WITN ....,' ... :WITNESS J!i; ~ tJi&L ~~.~) 5