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Home My WebLink About97-00819 r:~ "D n"~r r-,r: _~'.:L: . .i,',', :C .. I. r _ .._'_ . "-ii;~.~'t n"r-" :Ij ", "1/ ..., ..,' . '"' ..... .1 ,',; .l:l.' " ~;...'., 1': :.,'.' ' . , ' "t.. r..:.:~ : \;,' '. .,.J '. I "";,..:,...:', .;;.,;;/4) 6t1,tty:,J /N4'#.e dlf ~(.4 () '~I/ ,~) '7~tu )J~ ~ .<0// /.I') /, ,i , 1/ I' ' /' . . J '':;)1' 7 {~jt ~ikt'/..f... 'A ,1.'!/(/,f'CI -/:-:& . A. From 1992 until 1995 with mother, Connie Sue Fitz, at various unknown addresses. B. From approximately 1995 until mother's death on February 8, 1997, at Apartment No. 11, 20 East Street, Mount Holly Springs, Cumberland County, Pennsylvania. 7. The mother of the children is Connie Sue Fitz. She was found murdered on February 8, 1997. She was believed to have been single at the time of her death. 8. The father of the children is the Defendant, Harvey Fitz, who is presently incarcerated in the Dauphin County, Pennsylvania, jail, having been arrested for the murder of the mother of the children, Connie Sue Fitz. He is believed to be single. 9. The relationship of Plaintiff to the children is that of maternal grandmother. The Plaintiff currently resides with her husband, Alex Prete. 10. The relationship of Defendant to the children is that of biological father. He currently resides in the Dauphin County, Pennsylvania prison. 11. At the time the mother of the children, Connie Sue Fitz, was murdered, on February 8, 1997, the children were residing with her at Apartment No. 11, 20 East Street, Mount Holly Springs, Cumberland County, Pennsylvania. 12. The Defendant, Harvey Fitz, has been charged with the murder of Connie Sue Fitz. 2 13. The mother of the children, Connie Sue Fi tz, was the daughter of your Plaintiff, Dorothy Prete. The Plaintiff has two other daughters, maternal aunts to the children: A. Lisa Marx, P.O. Box 1392, Palmer, Alaska 99645; and B. Cathy Myers, Stuart, Florida. 14. It is believed that the Defendant, Harvey Fitz, has the following living relatives: A. Mother (Paternal grandmother to the children) who is believed to be incapacitated; B. Sister (Paternal aunt) Dorothy Bangert, Harrisburg, Pennsylvania; and C. patricia Davis (Paternal aunt), Franklin, North Carolina. 15. Also surviving the death of the biological mother of the children, Connie Sue Fitz, is her father, and the Plaintiff's ex- husband, John Myers, Denver, Pennsylvania. 16. The Cumberland County Children & Youth Social Service Agency requested custody of the children on or around February 8, 1997. The children remain in the custody of that agency, and it is believed that the children have been placed in foster care, pending further disposition. 17. A dependency and placement review hearing is scheduled before the Court for Wednesday, February 19, 1997, at 9:00 a.m. 3 18. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 20. The best interests and permanent welfare of the children will be served by granting the relief requested because: A. The children are in need of primary care from the Plaintiff, their grandmother, now that their mother is deceased and their father is incarcerated; B. It is believed, and therefore averred, that it would be inappropriate for the children to live with a family member of the father, because of father's arrest for the murder of the mother of the children; C. The Plaintiff has the ability, and the physical facilities to care for the children, or, can make those arrangements with the cooperation of her one surviving daughter, Lisa Marx, who is a school teacher, and who is the parent of a 15 year old son. D. Plaintiff, as Pursuant to 23 Pa. C.S.A., maternal grandmother, is 4 Section 5313 (b) , ready to assume the the ~ :t :r '.I) \)- o ~ "" :t ~"* 6~ >0 ?i tf ~",:". L;'"; t.": UI~: CO :, ~...( c,,,~, '- ~ ~~l :-'. ~ r..l. . .~ I~:: I . ~.: :,....; " ()\.; g, 0' :~~:?; ~I II ,~~ u' ~.II' . r,r ....y ..... U.' ..;jflj , \.... ~ic.. Q L'. t- "-; .It) d Cl' D '.. 01 i. ,..: .:: 1.;' IlIr ( '" r!:( .. " ~\ ~. (~.' , I j : ~ (.... r~: ( , , ( j, ~,' I- r- lJ C' J "- 0, j"l: j: ,...: I j I ~ ',' () '.. (" " , , <J (!'/. <,:", tl" e,: :-1" . L. r ,j I ,., ~- '- t, r- U C'" J 'j~ .-"~";:~ .,'~ c' , , ".," '--~'> \' .. /~ " ,-,,- " "..-.= f APR 2 lJ J997tr' .. 1 " ;.,' DOROTHY PRETE VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA HARVEY FITZ DEFENDANT NO. 97-819 CIVIL TERM IN CUSTODY ORDER OF COURT PERMI1TING INTERVENTION AND NOW, this day of 1997, Cumberland County Children and Youth Services is permitted to intervene in this action as a party since they have legal custody of the children. Amber Fitz. Sarah Fitz, Harvey Fitz IV and Ashton Fitz. by Order of Juvenile Court dated February 19, 1997 by the Honorable Judge George E. HolTer docketed to No, 97-0036 Juvenile Term of 1997. The petitioner. Cumberland County Children and Youth Services, will intervene to the extent they will provide infonnation to the Court with regard to their involvement and recommendations as to the children and any of the other parties to this action as well as with regard to the maternal grandparents, Dorothy and Alex Prete and the paternal aunt. Patricia Davis. By the Court, J, cc; CCC& YS John Huber. Esquire Ruby D. Weeks, Esquire Harvey Fitz DOROTIIY PRETE VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 97-819 CIVIL TERM HARVEY FITZ DEFENDANT IN CUSTODY PETITION TO INTERVENE TO THE JUDGES OF YOUR HONORABLE COURT. Comes now, Cumberland County Children and Youth Services. by its allorney. Ruby D. Weeks. Esquire. who respectfully represents: I. That Cumberland County Children and Youth Services is not a party to this action but wishes to intervene as a party because the Agency having legal custody of the children. Amber Fitz. Sarah Fitz. Harvey Fitz IV and Ashton Fitz. by Juvenile Court Order of February] 9. 1997 docketed to No. 97-0036 Juvenile. 2. The Agency desires to assure the Court's receipt of the Agency's recommendation and any relevant information available to the Agency as a consequence of that custody an the subsequent involvement with both parents who are parties and the child and the maternal grandparents. Dorothy and Alex Prete, and paternal aunt. Patricia Davis, 3, There is no desire by the Agency to tile additional pleadings in this maller, 4. However. ifpernlilled to intervene. the caseworkers responsible lor supervising the children's placement willtestity and present evidence to the Court which will be rclevantto the children's best interests and which may be hclpfulto the Court in this mailer. and as were made available to the Juvenile Court. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I verify that the statements made in this Petition to Intervene are true and correct to the best of my personal knowledge and belief. I underst~nd that false statements herein are made subject to the penalties of 18 Pa. C.S. * 4904. relating to unsworn falsification to authorities, GliJ6C- :> Edward B. Rouse. 1lI. Casework Supervisor Cumberland County Children and Youth Services IIp;d zq, WI7 Date cc: John Huber. Esquire Ruby D. Weeks. Esquire Harvey Fitz MAY (j 6 1997/t DOROTHY PRETE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW : HARVEY C. FITZ, III, Defendant :NO: 97-819 CIVIL TERM :IN CUSTODY ~ AND NOW, this ~ day of consideration of the attached C s ordered and directed as follows. , 1997, upon n iliation Report, it is 1. The Maternal Grandmother, Dorothy P te, shall enjoy legal and physical custody of Sarah Elizabeth Fitz, born November 9, 1987; Amber Lynn Fitz, born January 17, 1989; Ashton Alexandra Fitz, born June 15, 1990; and Harvey Cyrus Fitz, IV, born July 18, 1991. 2. The Maternal Grandmother shall allow the Father, Harvey C. Fitz, III, to have communication with the minor children to include the following: A. Liberal communication on exchange of letters and cards and any type of correspondence. B. Phone conversations with the minor children which shall be at least once a month and subject to monitoring or supervision by an appropriate adult. 3. The Maternal Grandmother shall also allow and encourage the children to maintain a relationship with the members of the Father's family to include, but not be limited to, the paternal aunt, patricia Ann Davis; the paternal aunt, Dorothy Bangert; and the half-brother of the children, Paul Fitz. 4. The minor children will remain in the custody and control of Cumberland County Children and Youth Services, subject to their placement in a foster home, until the end of the school year in June of 1997. At that time, physical custody of the minor children shall be delivered to the Maternal Grandmother subject to arrangements between the Maternal Grandmother and Cumberland County Children and Youth Services. 5. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event any of the parties desire to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. At any subsequent hearing in this case, it is noted that the appearances in this case as outlined in the attached Custody Conciliation Report shall not in any way be determined to confer standing upon any party and the issues of standing may be litigated in the event this case ultimately is heard before the Court. J. er cc: John E. Huber, ~squire Ruby D. Weeks, Esquire Diane Horgan, Esquire Robert Peter Kline, Esquire Harvey C. Fitz, III c/o Dauphin County Prison 501 Hall Road Harrisburg, PA 17111 Patricia Ann Davis 335 Davis Lane Franklin, NC 28734 ~4.J ~ :J/I~/r,'l. ><'>, ~~. n .0 c; 'J :) ~. '" ',I " , . , p . ., i,::!1 ,~' 21 r ;t~ ~h '1 '-. . :~ ~ '- ,) .. Irll ," ~ ~ '. '- :u -0; DOROTHY PRETE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . V :CIVIL ACTION - LAW . . HARVEY C. FITZ, III, Defendant :NO: 97-819 CIVIL TERM :IN CUSTODY Prior Judge: George E. Hoffer CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Sara Elizabeth Fitz, born November 9, 1987; Amber Lynn Fitz, born January 17, 1989; Ashton Alexandra Fitz, born June 15, 1990; and Harvey Cyrus Fitz, IV, born July 18, 1991. 2. A Conciliation Conference was held on April 29, 1997, with the following individuals in attendance: The Maternal Grandmother, Dorothy Prete, with her counsel, John E. Huber, Esquire; the Father, Harvey C. Fitz, III, who appeared pro se but was assisted by Robert Peter Kline, Esquire, who is court-appointed counsel for Mr. Fitz in the companion juvenile proceedings, Ruby D. Weeks, Esquire, who represented Cumberland County Children and Youth Services and Patricia Ann Davis who is the paternal aunt of the children and was unrepresented by counsel. 3. After a Conciliation Conference which lasted approximately two hours and after the Conciliator met with all parties and their counsel, the parties agree to the entry of a Court Order in the form as attached. s-/~I Q7 DATS Hu ert x. Gilroy, Custody Conciliat