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HomeMy WebLinkAbout96-05453 ~ ~ ~ ..... o ~ , ..,) 0- / ...... 0' :- t:; " i~: t~: uJ' ~..: It-'.: ..... l ~. " c.;) +~ , n C' "- u- - G: ,- :- . I ~ -- _.~ ";i H. l- e G"" u OCT-0~-96 THU 0910e AM MICHAEL L BANGS 717 7~0 7~74 P.0~ Tuesday morning at which time the Mother shall deliver the child back to school. This alternating Monday schedule will begin on Mondav, October 21, 1996. C. During the summer months, the parties shall alternate the custody of the child on a week-on, week-off basis from Sunday at 8:00 p.m. until the following Sunday at 8:00 p.m. The party who Is ending their period of custody shall be responsible for dropping off the child at the other party's residence. This schedule shall begin with the first full week following the child's release from school for the summer months. and Mother wiU have thet first full week beginning on the SUnday as indicated. This week-on, week.off schedule will end on the Sunday prior to the return 10 school. 3, The parties shlllllternata the major holidays. these holidays being defined.. follows: thanksgiving, Euter, Memorial Day, Fourth of July, anellabor Day. Thue alternating holiday periods will include the entire weekenel such that should the holiday 'In on Monday, It will lnelude a period of time 'rom Friday untit Monday evening at 8:00 p.m., except fOf the Fourth of July whleh wi! commence tt 9:00 a.m. and and at 10:30 p.m. The ThankagMng holiday should occur from WedMlday attar sthool untlI Monday at 8:00 p.m. TheM hoIldays OCT-g~-96 THU 99:99 AM MICHAEL L BANGS 717 7~9 7~74 P.94 will superllde the regular schedule. The alternating holiday schedule will begin with Mother having Thanksgiving in 1996, and shall alternata thereafter. If any parent has three or more consecutive weekends as a result of the holiday schedule. the other party shall have the right to select a non-holiday weekend as a make-up. The intent of this Order and this schedule is that each parent shell enjoy as close as reasonsble under the Order twenty-six (26) weekends each y.ar with Megan. If the parties cannot agree on this make-up weekend. they shall submit the matter to Dr. Shienvold for resolution. 4. Th. Christmas holiday will be spli1 into two segments. Segment A will be from the firat school vacation day until Christmas DIY at 12:00 noon, Ind from December 29 at 9:00 p.m. through the stert 0' school. Segment B will ba from Christmas DIY at 12:00 noon until DaCfJmber 29 at 9:00 p.m. Father shall have Segment A in 1996 and .1I.ven-numbered yelrs there.ft.r, while Mother win hive Segment A in 1997 .nd all odd-numbered YI.,. therel'ter. IS. The p8f1iu will evenly shire all other holidays th.t the ehIld has from school during the school yeer. This schedule will be alternated II.ICh thlt Mother will h..... thl first school holiday during the school year IOctober 14. 1l1el. 1M Flthe, wi! heve the second school holidly. end the parI,.. will a1t,matl tho.1 hoIidav- therelher OCT-03-96 THU 09:09 AM MI~HAE~ ~ BANGS 717 730 7374 P.0:l such that the holidays are evenly shared as contemplated by this Stipulation. 6. Each parent will be entitled to two (2) uninterrupted weeks of vacation with the child during the summer months which may begin on Friday at 8:00 p.m. Unless the parlles select two consecutive weeks, the uninterrupted vacation shall occur during the time when the child is scheduled to be in that parent's custody. Should a parent's scheduled summer week be taken bV tho other OG 0 port of two consecutive weeks. the deprived parent sh.n have the right to choose a make up week scheduled from the other parent. It is the intent that the summer school vac.tlon weeks be divided equally. Mother sh.1I provide F.ther with notice no Ilt.r than MIY 1.t of ..ch y..r es to the weeks she Intends to exercise her summer vacation, and Father will provide Mother with notice II to wh.n he Intend. to eXlrel.. his summer "Kltion no letet than MIV 15th of each yelr, 7. The partles agree th.t they will contImHt therapy ....Ion. with Mag." thtO\lQh the offlc.. of Dr. Shienvold. which should occur as recommended by Dr. ShIenvoId. Mother end Fathet shaU participate In My thettpy ...alon. ""ad., determined by the offic.. of Dr. 5NenYo&d. The partlet IQfM that they wi! contImHt therapy ...tlons with Magan for It ...., .he montM at which time they IMY review the OCT-03-96 THU 09:10 AM MICHAEL L BANGS 717 730 7374 P.06 continuation of the therapy sessions with Dr. Shienvold if either party feels that no progress Is being made. In the event that Dr. Shlenvold determines thet progress Is not being made. he will recommend either replacement therapy or a cessation of the therspy. The parties agree that they shall submit the cost of the therapy sessions through their respective insurance cerrlers so as to maximize the insurance coverage availeble for the sessions, The parties will then evenly split all unreimburlld portions of the covered therapy sessions. Both parties will provide each other with proof that the east of the sessions have been submitted with lhe insurance carriers and will provide each other with a copy of their respective plans evidencing whal portion of the .e..ions are covered so that eech party can indep.ndently ascertain the unrelmbursed portion of those sessions. Reimbursement to the partv who hes paid for the sessions must occur within seven 111 days of rectipl of a final statement showing the POlt.insurance account balance, 8. The parties agree that thay shell evenly share the cost of school tuition for Saint Catherine Laboure for the 1998.97 school vear. The partie. furlher agre' thaI the., ."alI continua to sha,. m. I.pens" as long a. Dr. Shienvold ~v.. that attendance at Selnt Catherina Labou,. is in Megan's bllt int.,ast, OCT-03-96 THU 09:10 AM MICHAEL L BANGS 717 730 7374 P.07 9. Each party shall have reasonable telephone contact with the child while the child is in the other party's respective custody which shall not exceed every other day absent an emergency. However, this provision is not to interfere with Megan's right to freely call the out-of- custody parent while she is in each parent's respective custody, and neither parent will interrupt or prevent Megan from making those phone calls. 10. Neither party shall schedule medical, dental, or psychological appointments during ths custodial time of the other parent nor u1iliza non-participatIng providers of services or medlcallon, absent emergency. Unrefmbursed or net provider bills shall be sent to the custodial parent. who shall forward a copy to the other parent for fifty 160%) percent reimbursement. The non-custodial p.rent shall reimburse the other within ten 1101 days of receipt. Both partie., however. will be re.ponllble to take Megan to her scheduled extr.- eurrlcular ectMties while Megen i. in their rsapactive custody. 1,. Megan shan have the right to bring ctothing end penonal things to the horn.. 01 Mother Of Father. end each parent shaD 1M thet such items are 'etumtd at the end of any CU.todlal DtriocI 0' the palMt. OCT-03-96 THU 09:12 AM MICHAE~ ~ BANGS 717 730 7374 P.10 B, On alternating Monday evenings from after school at which time tho Mother will pick up the child from school until Tuesday morning at which time the Mother shall deliver the child back to school. This alternating Monday schedule will begin on Monday. October 21, 1996. C. Curing the summer months, the partiss shall alternate the custody of lhe child on a week-on, week-off basis from Sunday at 8:00 p.m. until the following Sunday at 8:00 p.m. The party who is ending their period of custody shall be responsible for dropping off the child at the other party's "sldence. This schedule shall begin with the fir,' full week following the chlld.s release from school for the summer months, and Mother will have that firlt full week beginning on the Sundly 81 indicated. This week-on. week.off schedule will end on the Sunday prior to the return to school. 3. The plrtles ahaH alternate lhe majof holidays, these holidays being defined.. follows: ThanItIgiYing, Euter. MemoNI Diy, Foutth of July, end labor Cay. These alternating hoIlday period. wiJI include tthe antira weekend tud\ that ahould the holiday fall on Monday. It wit 2 OCT-03-96 THU 09:13 AM MICHAE~ ~ BANes 717 730 7374 P.ll include a pariod of time from Friday until Monday evening at 8:00 p.m., except for the Fourth of July which will commence at 9:00 a.m. end end at 10:30 p.m. The Thanksgiving holiday should occur from Wednesday after school until Monday at 8:00 p.m. Thsse holidays will superseda the regular schedule. The altsrnating holiday achedule wll1 begin with Mother having ThanksgMng in 1 996, and shall alternate thereafter. If any parent has three or more consecutive weekends es s result of the holiday schedule. the other party shall have the right 10 select a non-holiday wlsklnd as a make-up. The intent of this Order and this schedule is that each parent shall enjoy as close as raasonable under the Order twenty-six 1261 weekends each year with Megan. If the partin cannot agnte on thi, meke-up weekend. they shall submit tha matter to Or. Shienvold for resolution. 4. The Chri'tmas holiday wlII ba split into two legmant.. Segmant A will bt from tht first school vacation day until Christmas Day at 12:00 noon. and from December 21 at 9:00 p.m. ttvough the start of IChooI. Segment B WIll be from CtviItmas Day at 12:00 noon until December 21 at 9:00 p.m. Fathtr shI1I have Segment A In 1888 3 OCT-B3-96 THU B9:1~ AM MIC~~EL L mANes 717 7ae 7a74 P.12 and all evan-numbered yaars thareafter, while Mother will have Segment A in 1997 and all odd-numbered years thersafter. S. The parties will evenly share ell other holidays that the child hils from school during the school year. This schedule will be alt.rnated such that Mother will have the first school holiday during the school year IOClobsr 14, 1996), and Fllther will have the second school holiday. and the parties will alternate those hOlidays lhereafter such that the holidays are eVllnly shared as contemplated by this Stipulation. 6. Each parent will be entitled to two (2) uninterrupted weeks of vacation with the child during the summer months which may begin on Friday It 8:00 p.m. Unless the partiel seleet two consecutive weeks, the uninterrupted Vlcltion shill occur during the time when the child Is scheduled to be in that parent's custody. Should I parent's scheduled summer week be la1ten bV the other.. . Plrt of two consecutive WHks, the d..mved parent shall have the right to choos. I make up week sehtc:tultd from the other parent. It is the Int8ftt that the tummer school vecation WM&I be divided tqUtIIy. Mother shtIl provide f.ther With notice no later then May 1st 01 uch .. OCT-03-96 THU 09:14 AM MICHAEL L BANGS 717 730 7374 P.13 year as to the weeks she intends to exercise her summer vacation, and Father will provide Mother with notice lIS to when he intends to exercise his summer vacation no later than May 15th of each year. 7. The parties agree that they will continue therapy sessions with Megan through the offices of Dr. Shienvold. which should occur as recommended by Dr. Shlenvold. Mother and Father shall participate in any therapy sessions needed as determined by the offices of Dr. Shienvold. The parties agree thet they will continue therapy sen/on. with Megen for at least six months at which time they may review the continuation of the therapy sessions with Dr. Shlenvold if either party feels that no progress Is being mad.. In the event that Dr. Shlenvold detsrmlnes that progress is not b.ing made, he will recommend either replscement therapy or a cessation of the therapy. The parties agree that they shall submit lha cost of the therapy Issslons through thair "spectlve Insurance carrlerlso as to maximlze the insurance coverage available for the asssiona. The parties will then evenly split lIII unraimburled portion. of the covered therapy .nslona. Both parti.. will provide each other with proof that the co.t of lhe sesalons have been aubmitted wllh the Insurance earrlers Il'ld will provtde eKh oth<< 5 OCT-03-96 THU 09114 AM MICHAE~ ~ BANeS 717 730 7374 P.14 with a copy of their respective plans evidencing what portion of the sessions are covered so that each party can independently ascertain the un reimbursed portion of those sessions. Reimbursement to the party who has peld for the sessions must occur within seven (71 days of receipt of a final statement showing the post.insurance account balance. 8. The parties agree that they shall evenly share the cost of school tuition for Saint Cstherine Laboure for the 1996-97 school yesr. The parties further agrae that they shall continue to share the expense as long as Or. Shienvold believes that attendance at Saint Catherine Laboure is in Megan.s best interest. 9. Each perty shall have rellonable lslephone contact with the child while the child is In the other party's respective custody which shall not exceed every other day absent an emergency. However. this provision is nol to interfere with Megan., right to freely call the out-of- custody parent while she Is in each parent's respective custody, and Mither parent willlntert'\lpt or prevent Megen from mUing those phone call,. 8 OCT-03-96 THU 0911~ AM MICHAE~ ~ BAHes 717 730 7374 P. 1~ 10. Neither party shall schedule medical, dental, or psychological appointments during tha custodial time of the other parent nor utilize non. participating providers of services or medication, absent emergency. Unrelmbursed or net provider bills shall be sent to the custodial parent. who shall forward a copy to the other parent for fifty 150%1 percent reimbursement. The non.custodlal parent shall reimburse the other within ten 1101 days of receipt. Both parties. however, will be responsible to take Megan to her scheduled extra. curricular activities while Megan Is in 1heir respective cus1ody. 11. Megan shall have the right to bring clothing and personal things to the homes of Mother or Father. and elch parent ,halls.. that such Items are returned at the end of any custodial period of the perent. 12. Such other 1imes as the perti.. may agr... Any problema or disagreements under this Order Ihlll be resolved by mediation with Of. Arnold Shienvold. 13. Both parties end counsel'Of Mother, Howard B. Krug. ESQuire. understand thaI Father', counsel. Michael L. s.nos. ESQUire, is a custody coneilletor in Cumberttnd County 1M cennot perUciplte 7 ~'I:,' " .. -'-,~:' ,'"" -2",-. '-+-:-r . , :';.<.',:.-',';-.-'> - < .-. ". ":);':-,~~~ C_' " ':;.,:.< 1\,'-"'" ," f, -,,~j ~'fD ,~f n" ',~:- ..,. ~: :r- " . -1/ " ,'; ~ .1 ,',- ~. :f"" , ':;:" .. "-' '._-, " ",~ ' .. '. ': ,,-~'.\1; , PETER GAGE BOLTON, Plaintiff IN THE COURT OF COI'IMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-5453 DIANA LUTZ, Defendant IN CUSTODY CIVIL ACTION - LAW ORDER 011' COURT You, PETER GAGE BOLTON, are ORDERED to appear in person in the CUstody Conciliation Office, CUmberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania on at o'clock a.ro./p.m. for a Custody Conciliation 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 five or older may, at the request of either attorney or party, be present at the Conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or permanent Order. If you fail to appear as provided by this Order, an Order for custody may be entered against you or the Court may issue a warrant for your arrest. 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 Lawyer Referral Court Administrator CUmberland County Courthouse Carlisle, PA 17013 7171 240-6200 For the COUrt. Date of Orden Byt CUstody Conciliator -.......... ~ PETER GAGE BOLTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 96-5453 DIANA LUTZ, Defendant IN CUSTODY CIVIL ACTION - LAW PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Defendant Diana Lutz, through her attorneys, Purcell, Krug & Haller, and files the following petition for Modification of CUstody Order: 1. The Petition of Diana Lutz respectfully represents that on October 4. 1996 an Order and Stipulation for CUstody were entered, a true and correct copy of which are attached. 2. This Order should be modified because the Order currently in place indicates dates and times which are no longer feasible based upon the Defendant's work schedule and child care responsibilities. 3. In addition, Megan has expressed a desire to spend equal time with her mother and infant sister. WHEREFORE, petitioner requests that the Court modify the existing Order and Stipulation for CUstody because it will be in the best interest of the child. Date: rr/;j'7 i Res/~C\llY submi~te~>/, PUlCELL. \KRUG " ilAtLER ! I I . . \ j ~ '. I,' ,- .)f ~ / . " /_- By :, ~ .~oward B. Krug, Esquire 10 1115826 1119 North Front Stnet Harriaburg. PA 17102 (117) 234-4118 ,- ~. ,,- PETER GAGE BOLTON, . IN THE COURT OF ~ PLEAS OF . Plaintiff . CUMBERLAND CXXJNTY, PENNSYLVANIA . : vs. . NO. 96-5453 CIVIL TERM . . . DIANA Lt11'Z, . CIVIL ACTION - LAW . .. Defendant : CUS'lOOY!VISITATION , ClUlBR OFaxm AND tDf, this ~ day of ,.., -:t. t -.. , 1997, upon consideration of the attached Custody Conci~it is ordered and directed as follows: 1. A Hearing is scheduled in Court Roan . ,r of the CUItler1and County Court Hause,. on the /'?..Q!.. day of '::/......I~~/ , 19 r.r. at / :.:tIo'clock, --:I-.m., at which time testimony w1l1 t:(J taken in thIS case. At the Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. COUnsel for the parties shall file a Memorandum with the Court and opposing counsel setting forth each party's position on custody, a list of witnesses who will be called to testify at the Hearing and a SI.lIIIlIlU'y of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing. 2. Pending further Ckder of Court or agreement of the parties, the prior Ckder of this Court dated OCtober 4, 1996 shall continue in effect. BY THE CXlJRT, J. ee: Howard B. 1Cruq, Esquire - COUnsel for Mother ~l L. Andes, Esquire - COUnsel for Father ~'l. ,",p 4L I~ /".7/"}. .,J.f'. '.' PETER GAGE BOLTON, . IN THE COURT OF CCX1MON PLEAS OF . plaintiff . CUMBERLAND cx:x.JNTV, PENNSYLVANIA . . . vs. . NO. 96-5453 CIVIL TERM . . . DIANA LUTZ, . CIVIL ACTION - LAW . Defendant . CUSTODY/VISITATION . PRICR JtIlGE: J. Wesley Oler aJS'la)Y CXH:ILIATION SlMlARY RPJlCR'l" IN ACCamI\NCE WI'l'If aJlBI!aLAND cxnrtY RllLB OF CIVIL PRCJo ....Im 19l5.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: twlB DM'B OF BIRl'H C1IUU!B1'LY IN aJS'la)Y OF Megan Ann Sol ton February 15, 1986 Plaintiff/Father 2. A Conciliation Conference was held on October 16, 1997, with the following individuals in attendance: The Father, Peter Gage Bolton, with his counsel, Samuel L. Andes, Esquire, and the Mother, Diana Lutz, with her counsel, Howard B. Kruq, Esquire. 3. This Court previously entered an Order in this matter on October 4, 1996 based upon a Stipulation of the parties granting the Father primary physical custody of the Child and the Mother partial physical custody on alternating weekends fran Friday through '1\Jesday and alternating weeks fran Monday through Tuesday during the school year. The parties alternated custody on a weekly basis during the SUl11ller school break. The Mother filed this Petition to Modify, seeking shared physical custody on an alternating weekly basis throughout the year. 4. The parties were not able to reach an aqreerent at the Conference and it will be necessary to schedule a Hearing. 5. The Mother's position on custody is as follows: The Mother stated that the Child has expressed a pE'eference to spend equal time with the Mother. The Mother also beliews it \IOUld be best for the Child to spend additional time with her infant step-sister who was born in July. The Mother alleged that the rather interferes with her relationship with the Child by saying negatiw things in the Child's pcuence concerning the Mother, forbidding the Child to diSCUllS school activitiu with the Mother and failing to keep the Mother informed of school activities and developnents. The Mother stated that the rather ~ the Child fran the parochial school near the Iiother's residence in Ilarrisbur<J and enrolled her in p.j>lic school in the Fatlutr's school district at the begiMing of this school year without consulting with the PIother and in violation with the existing Court Order prohibiting a changot of school for the Child without the Child's COUIlSelor's rf!oCOl\....,..1datloo. Finallv. the Mother indicated that ill II p~ ~ I fI~I! 'Il ~~ ~I!I . !~ e ! UHf il Ui~ R ~ 9 I I ... ,,,. " . . - .... . ~. . . . - -.... 7. The parties have shared legal custody of the minor child pursuant to paragraph I of the Order, which requires the parties to make all the major decisions jointly. including those concerning the child's education. See 23 Pa.C.S. ~S302 8. Sometime after the end of the 1996-1997 school year, the Respondent made arrangements to remove the child from St. Catherine Laboure School. and place her in the public school district where he lived. 9. This decision was made unilaterally by the Respondent without discussion or consent of the Petitioner. 10. Under the Order. the way the visitation arrangements worked. the child was delivered to her mother.s home after school on Fridays. and stayed ....ith her mother through Tuesday at which time the bus picked her up and took her back to St. Catherine Laboure. II. Busing arrangements were made with the school that allowed this process to work smoothly. 12. The Respondent's unilateral change of schooling has diminished the time that the Petitioner has ....ith the child. by reason of the fact that the child IIOW needs to be back with her father by Sunday night so that she can attend school on Monday. 13. The child was performing. academicall)'. very ....ell at St. Catherine Laooure. and there was 110 need to remove her from the sllCtCSSful academic environment. 14. The Petitioner and her cunmt husband are in the process of building a new home. and ....-hen finishe\l. ....ill ca~ Petitioner to llli.we outside ()fthe parish of St. Catherine l.aboure. The anticipated date ofmo,illJ is !k\.-emtler I. 1997. IS. Cn'\: outside the rorish.. the child ",ill not t'C e1i,ib1c for re~\Imenl in the school. I fl. Dct_ ohllt Nsing amn~t. ~lqtan could still anend St. Cathtrine l.ahl~. -,..,.~--,--. -- f" VERIFICATION I verify that the statements made in the foregoing Petition for Emergency Relief arc true am correct. Dated: October 29. 1997 1 , ~/!O/Jo..cYt!5 D A LUTZ I undentand that false statements herein arc made subject to the penalties of 18 PA C.S. t 4904 relating to unsworn fa1siflClltion to authorities. . .t'4. i I ~ .'. --- 1M i 'Me tl 1 .... . & llll i 2 . , ft a t:: A ~ . ")1 P. GAGE BOLTON, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . . v. I . . DIANA LUTZ, Defendant . . . . NO. 96-5453 CIVIL TERM AND NOW, this IN REI PETITION FOR EMERGENCY RELIEF ORDER OF COURT ~ f{.day of December, 1997, upon consideration of the Praecipe filed in this matter to withdraw defendant's petition for emergency relief, the hearing previously scheduled in this matter for November 24, 1997, is CANCELLED. BY THE COURT, Samuel L. Andes, Esq. 525 North Twelfth Street . LeJllOyne, PA 17043 . ~ Attorney for Plaintiff (,~ A'1 ~A.",,- IV) John W. Purcell, Jr., Esq. 1719 North Front Street Harrisburg, PA 17102 Attorney for Defendant ... " ,;.;.~ '"' ~... t ,t"). -fOOl ......1 --: -.. l ., I "f' , ,} Ire , _.~. - PETER GAGE BOLTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 96-5453 DIANA LUTZ, Defendant CIVIL ACTION - LAW PRAECIPB Please withdraw Defendant's Petition to Modify the Existing CUstody Order filed with regard to the above matter. Date: If~fl , p [ , ~:>'.-- - . JolIN W, PuarnL I low AlUl 0, KIm I.f.ONP,IlAUEIt JolIN W, I'\JartLL JI. V ALWI! A, OIJNN Jru M. WINEL\ ORlAN J, TnElt NIOIOIJ! M, STALEY LAW OFFICES fA,.~ x,,? tf ~lklt 1719 NoRTH FRONT STRUT tiAlUUs8URC, I'lNNmVANIA 17102-2392 TELEPHONE (717) 234-4178 FAll 1717) 233.1149 [-MAil: LAW@PICH.COM HI..... (711) ........ .IOIIEJ'H NIlIILIY ('''.'1Gl January 26, 1998 The Honorable Wesley Oler Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Peter Bolton vs. Diana Lutz No. 96-5453 Dear Judge 01er: Enclosed please find a eopy of a Praeeipe withdrawing our Petition to Modify the CUstody Order, the original of whieh is being filed with the Prothonotary. Accordingly, the CUstody Hearing sehedu1ed for February 12, 1998, at 1:30 p.m. should be canceled. Thank you. \ ( ] Sincerely yoUrs,. ". HBKlm1 f Endosure . I " I. ,. (.,. :i"-'4rv" cc w/encloaurel hlllUel Andes. hquire JAil 11 ..