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HomeMy WebLinkAbout03-1574(SANDRA C. RITTER-BUTZ, Plaintiff VS. (DAVID G. BUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. N O T I C E TO D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Mary A. Etter Dissinger Attorney for Plaintiff SANDRA C. RITTER-BUTZ, Plaintiff vs. (DAVID G. BUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - CUSTODY NO. COMPLAINT FOR CUSTODY 1. Plaintiff is Sandra C. Ritter-Butz, residing at 703 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is David G. Butz, residing at 113 May Drive, Apartment 4, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Residence Tyler David Ritter-Butz 703 Alberta Avenue Mechanicsburg, PA 17050 Korbin Patric Ritter-Butz 113 May Drive Apartment 4 Camp Hill, PA 17011 4. The children were not born out of wedlock. Age 12 10 5. The child, Tyler David Ritter-Butz, is presently in the custody of Sandra C. Ritter-Butz, who resides at 703 Alberta avenue, Mechanicsburg, Cumberland County, Pennsylvania. The :hild, Korbin Patric Ritter-Butz, is presently in the custody of )avid G. Butz, who resides at 113 May Drive, Apartment 4, Camp sill, Cumberland County. 6. During the past five years, the children have resided with the following persons at the following addresses: Persons Addresses Date Sandra C. Ritter-Butz 764 Erford Road 10/01/94- David G. Butz Camp Hill, PA 17011 05/24/98 Tyler David Ritter-Butz Korbin Patric Ritter-Butz Sandra C. Ritter-Butz David G Butz 703 Alberta Avenue 05/25/98- . Tyler David Ritter-Butz Mechanicsburg, PA 17050 01/24/03 Korbin Patric Ritter-Butz Sandra C. Ritter-Butz Tyler David Ritter-B t 703 Alberta Avenue 01/24/03- u z Korbin Patric Ritter-Butz Mechanicsburg, PA 17050 02/16/03 Sandra C. Ritter-Butz Tyler David Ritter-B t 703 Alberta Avenue 3 u z Mechanicsburg, PA 17050 present David G. Butz Korbin Patric Ritter-Butz 113 May Drive 02/16/03- Apartment 4 present Camp Hill, PA 17011 7. The mother of the children is Plaintiff, Sandra C. Ritter- Butz, who resides at 703 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 8. She is married to David G. Butz. 9. The father of the children is Defendant, David G. Butz, who resides at 113 May Drive, Apartment 4, Camp Hill, Cumberland County, Pennsylvania. 10. He is married to Sandra C. Ritter-Butz. 11. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with Tyler David Ritter- Butz. 12. The relationship of Defendant to the children is that of father. The Defendant currently resides with Korbin Patric Ritter- Butz. 13. 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. 14. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 15. 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. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff has been the primary care giver and can provide a more stable environment within which the children will grow and flourish. 17. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. Respectfully Submitted: DISSINGER AND DISSINGER By: 6i' ? ? Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Sandra C. Ritter-Butz, verify that the statements made in the Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Sandra Ri ter-Butz, ain V ^W Y J lw _ [' 771, SANDRA C. RITTER-BUTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. BUTZ • 03-1574 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, April 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq, the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 14, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. - /s/ lk wn S Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 1701.3 Telephone (717) 249-3166 ,Prw 4(v ok-V SHERIFF'S RETURN - REGULAR CASE NO: 2003-01574 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUTZ SANDRA C RITTER VS BUTZ DAVID G STEVE WHISTLER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - CUSTODY BUTZ DAVID G was served upon the DEFENDANT , at 0855:00 HOURS, on the 22nd day of April 2003 at CUMBERLAND COUNTY D.R.O. 13 N HANOVER STREET CARLISLE, PA 17013 DAVID BUTZ by handing to a true and attested copy of COMPLAINT - CUSTODY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 n„ Sworn and Subscribed to before me this 4 `? day of a A.D. So Answers: R. Thomas Kline 04/22/2003 DISSINGER & DISSINGER By: Deputy Sheriff othonotary SANDRA C. RITTER-BUTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY ORDER OF COURT AND NOW this 2-1 day of kttkk? , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Stanley Schneider, Ed.D, or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Children. The Father shall be responsible to pay all costs of the evaluation initially, but reserves the right to request that the Court allocate a portion of the cost to the Mother at a later date. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the Children or the parties. 2. The Mother, Sandra C. Ritter-Butz and the Father, Davis G. Butz, shall have shared legal custody of Tyler David Ritter-Butz, born May 21, 1990, and Korbin Patric Ritter-Butz, born March 19, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. On a temporary basis pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall have physical custody of the Children as follows: A. The Mother shall have primary physical custody of Tyler and the Father shall have primary physical custody of Korbin. B. The parties shall alternate having custody of both Children on weekends from Friday at 3:00 pm through Sunday at 6:00 pm, beginning with the Father having custody on Friday, May 16, 2003. C. Rather than using daycare, the Mother shall have custody of Korbin before school, (when the Father is not transporting the Child directly to school) and after school until the Father picks up the Child after work. The Father shall transport Korbin to the Mother's residence on his way to work in sufficient time for the Child to ride the bus to school from the Mother's residence. D. The Mother shall also have custody of Korbin during the summer school break on weekdays when the Father is working and the Child is not attending camp. The Father shall transport Korbin to and from the Mother's residence before and after work. E. In 2003, the Mother shall have custody of the Children over the Memorial Day weekend from Friday at 3:00 through the holiday at 6:00 pm, and the Father shall have custody over the July 4th holiday from July 1 at 3:00 pm through July 4th at 6:00 pm. 4. The parties agree that the Children shall attend their respective summer camps and the parties shall share transportation to and from the Children's camps and other activities. 5. The party relinquishing custody of a Child or Children shall provide the receiving parent with a list of medications, and the time for administration of the medications, to be given during that party's period of custody. The parent relinquishing custody shall also provide a written notation of all medications which were administered during his or her period of custody. 6. Each party shall notify the other party of all medical appointments scheduled for either Child in advance. 7. Both parties shall refrain from discussing divorce, support or custody issues in the presence or hearing of the Children and from making legal papers and correspondence accessible to the Children. 8. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during his or her periods of custody. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. Both parties shall ensure that neither Child has access to guns or other dangerous weapons. 11. Upon completion of the custody evaluation, counsel for either party may contact the conciliator within sixty days of receipt of the evaluator's written recommendations to schedule an additional conciliation conference, if necessary. Counsel for either party may contact the conciliator to request the scheduling of a telephone conference with counsel if, after following the temporary before and after school schedule for a period of at least two weeks, either party believes the arrangement is having a detrimental effect on either Child. 12. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc/IC?I Etter Dissinger, Esquire - Counsel for Mother aul J. Helvy, Esquire - Counsel for Father l RIIS cn ? r i`1 CINJ ? --r ? 60 rT-1 CL 0 cr1 o v SANDRA C. RITTER-BUTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler David Ritter-Butz May 21, 1990 Mother Korbin Patric Ritter-Butz March 19, 1992 Father 2. A Conciliation Conference was held on May 14, 2003, with the following individuals in attendance: The Mother, Sandra C. Ritter-Butz, with her counsel, Mary A. Etter Dissinger, Esquire and the Father, Daivd G. Butz, with his counsel, Paul J. Helvy, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the temporary arrangements under which Korbin would go to the Mother's residence on the bus with Tyler after school until the Father finishes work, which is the recommendation of the conciliator on a temporary basis. The Father objected to this arrangement stating that Korbin does not want to go to the Mother's home and has been doing well in after-school day care. The Mother believes it would be best if the Children could spend this time together after school (as primary custody is currently split) and feels it is a preferable arrangement to daycare as the Mother is willing and able to provide care for the Child until the Father's work day is over. ?'ho ?9, a-oo 3 Date Dawn S. Sunday, Esqui Custody Conciliator SANDRA C. RITTER-BUTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-1574 DAVID G. BUTZ, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO: THE PROTHONOTARY OF SAID COURT Please withdraw my appearance on behalf of DAVID G. BUTZ in the above- captioned action. Dated G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Please enter my appearance on behalf of DAVID G. BUTZ in the above-captioned action. LI3 lo3 Dated J. P Helvy, Esquire J Kil n & Gephart, LL 218 tine Street, P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Atty. I.D.#53148 ? o 0 w ? _t ? CF'. LIZ f:c f'_ „` -n ni= ??' ? ...-?ln End ? cn --? • . Ca ' ? `? ;? _ fJ SANDRA C. RITTER-BUTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-1574 DAVID G. BUTZ, : CIVIL ACTION - LAW Defendant : IN CUSTODY DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, David G. Butz, by and through his counsel, Killian & Gephart, LLP, and does hereby aver the following: The Petitioner, DAVID G. BUTZ (hereinafter referred to as "Father), is an adult individual who currently resides at 113 May Drive, Apartment 4, Camp Hill, Pennsylvania 17011. 2. The Respondent, SANDRA C. RITTER-BUTZ (hereinafter referred to as "Mother"), is an adult individual who currently resides at 703 Alberta Avenue, Mechanicsburg, Pennsylvania 17050. 3. The parties to the above-captioned action are the parents of two minor children, namely: TYLER D. RITTER-BUTZ, born on May 21, 1990, and KORBIN P. RITTER-BUTZ, born on March 19, 1992. 4. On May 27, 2003, this Honorable Court entered a Custody Order which grants Mother primary physical custody of Tyler and Father primary physical custody of Korbin and which grants the parties alternate weekends such that both children are with Father on one weekend and with Mother on the next. A true and correct copy of said order is attached hereto and marked as Exhibit "A." 5. The aforesaid Custody Order also requires the parties to submit themselves and their minor children to a custody evaluation to be performed by Stanley Schneider, Ed.D. Although Dr. Schneider has commenced the evaluation process, he has not completed the custody evaluation. 6. On November 8, 2003, while the children were in Mother's custody, Korbin ran away from Mother and called Father from a third party's house indicating that he would not voluntarily return to his Mother's care and control. 7. Father discussed this matter with both the police and Children & Youth and was advised that, given the existence of a Court Order in this matter, he must return Korbin to Mother, which he did. Mother took Korbin's shoes away from him so he could not run away again. 9. In an effort to deal with this matter, counsel for Father attempted to contact Mother's counsel, Mary Etter-Dissinger, both in writing and. by phone. A true and correct copy of the undersigned's correspondence to Attorney Dissinger dated November 10, 2003, is attached hereto and marked as Exhibit "B." 10. To date, Attorney Dissinger has failed to respond to the undersigned's correspondence or phone calls. 2 11. In the absence of any communication with opposing counsel, the undersigned was able to schedule a meeting between Father, Dr. Schneider and Korbin on Sunday, November 16, 2003. 12. Following this meeting, Dr. Schneider advised that he believed that Korbin would make further efforts to run away and that, given this fact, Mother's weekends with Korbin should be discontinued pending family counseling sessions to resolve the issues which obviously exist between Korbin and Mother. 13. Dr. Schneider advised that Korbin had been threatening to run away from Mother since July of 2003. 14. Dr. Schneider also indicated that he would attempt to contact Attorney Dissinger in order to address this matter. 15. As of November 24, 2003, Attorney Dissinger had not returned the calls of Dr. Schneider. 16. Father avers that Tyler, who is now 14 years old, has indicated that he no longer wishes to live with Mother and wants Father to be his primary custodian. 17. On Saturday, November 22, 2003, while both Korbin and Tyler were in the care, custody and control of Mother, Mother fell asleep during the day, and both children ran away. 18. Father received a phone call from Mother indicating that she did not know where the children were and assumed that they were with Father, when in fact they had both left the house, gone to a neighbor's house and indicated that they did not want to be returned to Mother's residence. Father ultimately received a phone call from both Tyler and Korbin, picked them up and returned them to Mother's house as per the Court Order. 19. Father believes and therefore avers that both children will continue to run away from Mother until whatever issues existing between Mother and the children can be resolved. 20. Mother has significant health care issues such that she has been determined to be totally disabled by the Social Security Administration. 21. Father believes and therefore avers that Mother is physically incapable of being the primary custodian of adolescent-aged boys given her disabilities and propensity to fall asleep during the daylight hours WHEREFORE, Father respectfully requests this Honorable Court to enter an order: (1) Granting Father primary physical custody of both children; (2) Granting Mother supervised visitation pending the receipt of family counseling and the determination by an appropriately certified and licensed 4 Professional healthcare specialist that there is not a substantial risk that the children will run away if Mother is granted unsupervised visitation; and (3) Scheduling a custody conciliation conference in order to create a forum where the parties can attempt to amicably resolve these issues. Respectfully submitted, INC01 Helvy, Esquire Killian & Gephart, L 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Dated: November 25, 2003 Attorney I. D. #53148 Attorneys 1:or Defendant VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 11/25/03 MAY 2 3 20 SANDRA C. RITTER-BUTZ, Plaintiff vs. DAVID G. BUTZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of s: upon consideration of the attached Custody Conciliation Report, it is fered and directed as follow2003, 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Stanley Schneider, Ed.D, or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Children. The Father shall be responsible to pay all costs of the evaluation initially, but reserves the right to request that the Court allocate a portion of the cost to the Mother at a later date. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the Children or the parties. 2. The Mother, Sandra C. Ritter-Butz and the Father, Davis G. Butz, shall have shared legal custody of Tyler David Ritter-Butz, born May 21, 1990, and Korbin Patric Ritter-Butz, born March 19. 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. On a temporary basis pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall have physical custody of the Children as follows: A. The Mother shall have primary physical custody of Tyler and the Father shall have primary physical custody of Korbin. B. The parties shall alternate having custody of both Children on weekends from Friday at 3:00 pm through Sunday at 6:00 pm, beginning; with the Father having custody on Friday, May 16, 2003. C. Rather than using daycare, the Mother shall have custody of Korbin before school, (when the Father is not transporting the Child directly to school) and after school until the Father picks up the Child after work. The Father shall transport Korbin to the Mother's residence on his way to work in sufficient time for the Child to ride the bus to school from the Mother's residence. D. The Mother shall also have custody of Korbin during the summer school break on weekdays when the Father is working and the Child is not attending camp. The Father shall transport Korbin to and from the Mother's residence before and after work. E. In 2003, the Mother shall have custody of the Children over the Memorial Day weekend from Friday at 3:00 through the holiday at 6:00 pm, and the Father shall have custody over the July 4`h holiday from July 1 at 3:00 pm through July 4`h at 6:00 pm. 4. The parties agree that the Children shall attend their respective summer camps and the parties shall share transportation to and from the Children's camps and other activities. 5. The party relinquishing custody of a Child or Children shall provide the receiving parent with a list of medications, and the time for administration of the medications, to be given during ofthat party's period of custody. The parent relinquishing custody shall also provide a written notation all medications which were administered during his or her period of,custody. 6. Each party shall notify the other party of all medical appointments scheduled for either Child in advance. 7. Both parties shall refrain from discussing divorce, support or custody issues in the presence or hearing of the Children and from making legal papers and correspondence accessible to the Children. 8. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during his or her periods of custody. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. Both parties shall ensure that neither Child has access to guns or other dangerous weapons. 11. Upon completion of the custody evaluation, counsel for either party may contact the conciliator within sixty days of receipt of the evaluator's written recommendations to schedule an additional conciliation conference, if necessary. Counsel for either party may contact the conciliator to request the scheduling of a telephone conference with counsel if, after following the temporary before and after school schedule for a period of at least two weeks, either party believes the arrangement is having a detrimental effect on either Child. 12. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Mary A. Etter Dissinger, Esquire - Counsel for Mother Paul J. Helvy, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony wher of, I here unto set my hand ant1he seal of saij CourtACarlisle, Pa. SANDRA C. RITTER-BUTZ, Plaintiff vs. DAVID G. BUTZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARYREPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler David Ritter-Butz May 21, 1990 Korbin Patric Ritter-Butz March 19, 1992 Mother Father 2. A Conciliation Conference was held on May 14, 2003, with the following individuals in attendance: The Mother, Sandra C. Ritter-Butz, with her counsel, Mary A. Etter Dissinger, Esquire and the Father, Daivd G. Butz, with his counsel, Paul J. Helvy, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the temporary arrangements under which Korbin would go to the Mother's residence on the bus with Tyler after school until the Father finishes work, which is the recommendation of the conciliator on a temporary basis. The Father objected to this arrangement stating that Korbin does not want to go to the Mother's home and has been doing well in after-school day care. The Mother believes it would be best if the Children could spend this time together after school (as primary custody is currently split) and feels it is a preferable arrangement to daycare as the Mother is willing and able to provide care for the Child until the Father's work day is over. oDat- - ?d03 Dawn S. Sunday, Esqu.i Custody Conciliator THOMAS W. SCOTT JANE GOWEN PENNY TERRENCE J. McGOWAN 1. PAUL HELVY MICHAEL J. O'CONNOR HEATHER M. FAUST STEVEN K. BAINBRIDGE THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart.com November 10, 2003 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32nd Street Camp Hill, PA 17011 Re: Sandra C. Ritter-Butz v. David G. Butz Dear Mary: Of Counsel: JOHN D. KILLIAN SMITH B. GEPHART Via FAX (717) 975-3924 and Regular Mail I received a call from Dave Butz today who advised me that Corbin is becoming increasingly insistent about not continuing to reside with your client. He advises me that on Saturday, Corbin ran away from your client's home, went to a neighbor's house and called Dave to come get him. Dave firmly believes that Corbin will continue to try to run away until this matter is dealt with. I have a call in to Stan Schneider to see if there is any chance of someone in their office meeting with Corbin in order to try to help resolve this situation. Apparently, Dr. Schneider is out of the country for the week; therefore, if someone at Guidance Associates is able to see Corbin, it will be someone other than Stan. Rather than filing an emergency petition, I would like to get your client's perspective on this matter and hopefully get some advice from Guidance Associates. Please contact me at your earliest convenience to discuss the above. truly Henry JPH/ph cc: David G. Butz CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Defendant's Petition for Emergency Relief upon the following via FAX and by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Via FAX (717) 975-3924 and_Regular Mail Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32nd Street Camp Hill, PA 17011 Peggy Hile, Secretary to J. PAUL BELVY, ESQ. Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) Dated: November 25, 2003 232-].851 L -C r ?L C-br O e R l n ? a 9 7 A SANDRA C. RITTER-BUTZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. BUTZ, DEFENDANT 03-1574 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2003, the petition for special relief IS DENIED without a hearing. By J. Paul Helvy, Esquire For David G. Butz Mary A. Etter Dissinger, Esquire For Sandra C. Ritter-Butz Edgar B. Bayley, J. :sal AINf}I LNMt E I X01 WV 99 ADN Cn A NIOW nl °?i I'D 301. %?0 SANDRA C. RITTER-BUTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday May 04 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before pawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 26, 2004 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing; Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT', By: ls/ Z)gWn S. Sunday, Fs?p__--mnc Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street. Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ' HI?''rl?J c 00 :? ?d ?- ?rwaoot ?6?J.C?'Q?{1Cnd 3Ht 30 3- ! DTJ ?o-h ? APR 2 8 2004 SANDRA C. RITTER-BUTZ, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. BUTZ, DEFENDANT/RESPONDENT 03-1574 CIVIL TERM ORDER OF COURT AND NOW, this 271h day of April, 2004, the petition for special relief, IS DENIED. The petition shall be treated as a complaint for physical custody and is referred to conciliation. B >,_e Cou 71e t Edgar IB. Bayley, J. Mary Etter Dissinger, Esquire _ For Plaintiff/Petitioner J. Paul Helvy, Esquire For Defendant/Respondent Court Administrator sal dlr. in, 00 :{1 V8 h- AVW U01 AdilG ?GN1G?? '31A d0 ?GLa?'?-C3liJ SANDRA C. RITTEP Bn COMMON f : CUMBERLAND OUNTY, PENNSYLVANIA v : NO. 03-1574 DAVID G. BUTZ, : CIVIL ACTION - LAW Defendant : IN CUSTODY DEFENDANT'S ANSWERS WITH COUNTERCLAIM FOR PETITION FOR EMERGENCY RELIEF AND FOR IMMEDIATE TRANSFER OF PHYSICAL CUSTODY AND NOW, comes the Defendant, DAVID G. BUTZ, by and through his counsel, Killian & Gephart, LLP, and files this Answer to Plaintiff s Petition for Emergency Relief and for Immediate Transfer of Physical Custody. ANSWER Admitted Admitted 3. Admitted 4. Admitted 5. Admitted in part and Denied in part. It is Admitted that Korbin is in the custody of Father. It is Denied that Tyler is in the custody of Mother. To the contrary, Tyler currently is in the custody of Father due to the fact that Mother has been hospitalized. By way of further answer, it is Father's position, and has been Father's position, that Mother's physical health simply does not enable her to take care of active boys of this age. 6. Except as indicated in paragraph 5, this averment is Admitted. In addition, it should be noted that Mother was also hospitalized from April 8, 2004, through April 22, 2004, during which time Father had custody of both children. 7. Admitted 8. Admitted in part and Denied in part. It is Admitted that Father has told Mother that he will be moving due to financial conditions resulting from the fact that his employer, The Woodland Center for Nursing, has gone out of business. It is further Admitted that Father told Mother that he may consider moving to Lancaster if he is able to obtain employment there. It is Denied that Father told Mother that " he intends to move to Lancaster, Pennsylvania with the parties son, Korbin Patric Ritter-Butz." Denied. It is specifically denied that Father has "indicated that there is nothing Petitioner/Mother can do to stop him from taking the child to Lancaster." 10. This averment sets forth Mother's belief and as such requires no answer. 11. Denied. It is specifically denied that if Respondent takes Korbin to Lancaster, the child would enter his 3rd school district within a one year period. To the contrary, Korbin attended Camp Hill School District during the entire 2003/2004 school year. If Father relocates, such a relocation will not occur, until after the end of the 2003-2004 school year. 12. Admitted in part and Denied in part. It is Admitted that Mother is disabled. It is further Admitted that Mother is physically unable to take care of the children. It is 2 Denied that Mother is unable to drive in that she has told Father on numerous occasions that she is able to drive. It is further Denied that Korbin would be precluded from seeing his Mother and brother on a regular basis. To the contrary, Father does 100% of the transportation for the children under the current Custodial Arrangement, and anticipates the likelihood that he would continue to do so no matter where he lives. 13. Admitted. 14. Denied. Father denies that the reason Dr. Schneider has not issued a report is because of his failure to pay for the cost of the evaluation. To the contrary, the actual reason that Dr. Schneider has not yet issued an evaluation is because he has been attempting to Mediate this matter in an effort to try to get the parties to work out their differences without the need of Court Intervention. 15. This averment contains a Request for Relief and as such requires no answer, to the extent that an answer is required, it is specifically denied that it is in the best interest of Korbin that he be transferred to Mother. COUNTER CLAIM 16. Father's Answers to Mother's Petition for Emergency Relief are incorporated herein as set forth in full. 17. As previously stated, Father believes and therefore avers that Mother is physically incapable of taking care of either or both of the parties minor children. 18. On November 26, 2003, Father filed a Petition for Emergency Relief. A true and correct copy of which is attached hereto and incorporated herein and marked as Exhibit "A„ 19. Father has since learned that Tyler has pulled a knife on his Mother on February 25, 2004. 20. Father has learned that Mother is considering foster placement for Tyler as a result of her inability to manage his behavior. 21. Father has received notes from a Dr. Andrews indicating that Mother is in fear of being hurt by Tyler and further feels that Tyler poses a "threat of major bodily harm". A true and correct copy of said notes are attached hereto and marked as Exhibit "B". 22. Father has had no similar situations with either of the children. 23. Father believes and therefore avers that Mother is either unable or unwilling to follow through with obtaining services for the children. Attached hereto and marked as Exhibits "C & D" are letters from Community Behavioral Healthcare Network of Pennsylvania and Philhaven, which indicate that the Mother is not properly communicating with potential providers for the children. 24. Father believes and therefore avers that it is in the best interest of the children that Physical Custody of the children be transferred to him. 4 WHEREFORE, the Respondent/Counter Claim-Petitioner, requests this Honorable Court to: a. b. C. Dismiss Mother's Petition for Emergency Relief; Transfer Physical Custody of the children to Father; Establish a schedule of Partial Physical Custody for Mother which takes into consideration her physical condition and difficulty dealing with the children. Respectfully submitted, Dated: 5j/q joy J. P 1 Heley, Esquire IG ian & Gephart, I 8 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717)232-1851 Attorney I. D. #53148 Attorney far Defendant CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the Defendant's Answers with Counterclaim for Petition for Emergency Relief and for Immediate Transfer of Physical Custody upon the following by depositing a copy of same in. the United States mail, postage prepaid, addressed as follows: Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32nd Street Camp Hill, PA 17011 Christy Sunchy6 i, Scretary to J. PAUL I3[ELVY, ESQUIRE Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg;, PA 17108-0886 (717) 232-1851 Dated: 4611 SANDRA C. RITTER-BUTZ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-1574 DAVID G. BUTZ, CIVIL ACTION - LAW Defendant IN CUSTODY N ? Cn DEFENDANT'S PETITION FOR EMERGENC_ Y_ RELIEF ,'.i trx O AND NOW, comes the Petitioner, David G. Butz by and through his co selz Killian & Gephart, LLP, and does hereby aver the following: 1. The Petitioner, DAVID G. BUTZ (hereinafter referred to as "Father), is an adult individual who currently resides at 113 May Drive, Apartment 4, Camp Hill, Pennsylvania 17011. 2. The Respondent, SANDRA C. RITTER-BUT'Z (hereinafter referred to as "Mother"), is an adult individual who currently resides at 703 Alberta Avenue, Mechanicsburg, Pennsylvania 17050. 3. The parties to the above-captioned action are the parents of two minor children, namely: TYLER D. RITTER-BUTZ, born on May 21, 1990, and KORBIN P. RITTER-BUTZ, born on March 19, 1992. 4• On May 27, 2003, this Honorable Court entered a Custody Order which grants Mother primary physical custody of Tyler and Father primary physical custody of Korbin and which grants the parties alternate weekends such that both children are with Father on one weekend and with Mother on the next. A true and correct copy of said order is attached hereto and marked as Exhibit "A." 5. The aforesaid Custody Order also requires the parties to submit themselves and their minor children to a custody evaluation to be performed by Stanley Schneider, Ed.D. Although Dr. Schneider has commenced the evaluation process, he has not completed the custody evaluation. 6. On November 8, 2003, while the children were in Mother's custody, Korbin ran away from Mother and called Father from a third party's house indicating that he would not voluntarily return to his Mother's care and control. 7. Father discussed this matter with both the police and Children & Youth and was advised that, given the existence of a Court Order in this matter, he must return Korbin to Mother, which he did. 8. Mother took Korbin's shoes away from him so he could not rum away again. 9. In an effort to deal with this matter, counsel for Father attempted to contact Mother's counsel, Mary Etter-Dissinger, both in writing and by phone. A true and correct copy of the undersigned's correspondence to Attorney Dissinger dated November 10, 2003, is attached hereto and marked as Exhibit "B." 10. To date, Attorney Dissinger has failed to respond to the undersigned's correspondence or phone calls. 11. In the absence of any communication with opposing counsel, the undersigned was able to schedule a meeting between Father, Dr. Schneider and Korbin on Sunday, November 16, 2003. 12. Following this meeting, Dr. Schneider advised that he believed that Korbin would make further efforts to run away and that, given this fact, Mother's weekends with Korbin should be discontinued pending family counseling sessions to resolve the issues which obviously exist between Korbin and Mother. 13. Dr. Schneider advised that Korbin had been threatening to run away from Mother since July of 2003. 14. Dr. Schneider also indicated that he would attempt to contact Attorney Dissinger in order to address this matter. 15. As of November 24, 2003, Attorney Dissinger had not returned the calls of Dr. Schneider. 16. Father avers that Tyler, who is now 14 years old, has indicated that he no longer wishes to live with Mother and wants Father to be his primary custodian. IT On Saturday, November 22, 2003, while both Korbin and Tyler were in the care, custody and control of Mother, Mother fell asleep during; the day, and both children ran away. 3 18. Father received a phone call from Mother indicating that she did not know where the children were and assumed that they were with Father, when in fact they had both left the house, gone to a neighbor's house and indicated that they did not want to be returned to Mother's residence. Father ultimately received a phone call from both Tyler and Korbin, picked them up and returned them to Mother's house as per the Court Order. 19. Father believes and therefore avers that both children will continue to run away from Mother until whatever issues existing between Mother and the children can be resolved. 20. Mother has significant health care issues such that she has been determined to be totally disabled by the Social Security Administration. 21. Father believes and therefore avers that Mother is physically incapable of being the primary custodian of adolescent-aged boys given her disabilities and propensity to fall asleep during the daylight hours WHEREFORE, Father respectfully requests this Honorable Court to enter an order: (1) Granting Father primary physical custody of both children; (2) Granting Mother supervised visitation pending the receipt of family counseling and the determination by an appropriately certified and licensed 4 professional healthcare specialist that there is not a substantial risk that the children will run away if Mother is granted unsupervised visitation; and (3) Scheduling a custody conciliation conference in order to create a forum where the parties can attempt to amicably resolve these issues. Respectfully submitted, J.\KP1 HeIvy, Esquire Killian & Gephart, L 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Dated: November 25, 2003 Attorneys for Defendant 5 VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 113 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: 11/25/03 MAY,23 PO topy SANDRA C. RITTER-BUTZ, Plaintiff vs. DAVID G. BUTZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of / consideration of the attached Custody Conciliation Report, it is U a(lered and directed as follows: 003, upon 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by Stanley Schneider, Ed.D, or other professional selected by agreement of the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the needs of the Children. The Father shall be responsible to pay all costs of the evaluation initially, but reserves the right to request that the Court allocate a portion of the cost to the Mother at a later date. The parties shall sign any authorizations deemed necessary by the evaluator to obtain additional information pertaining to the Children or the parties. 2. The Mother, Sandra C. Ritter-Butz and the Father, Davis G. Butz, shall have shared legal custody of Tyler David Ritter-Butz, born May 21, 1990, and Korbin Patric Ritter-Butz, born March 19. 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. On a temporary basis pending completion of the custody evaluation and further agreement of the parties or Order of Court, the parties shall have physical custody of the Children as follows: A. The Mother shall have primary physical custody of Tyler and the Father shall have primary physical custody of Korbin. B. The parties shall alternate having custody of both Children on weekends from Friday at 3:00 pin through Sunday at 6:00 pm, beginning with the Father having custody on Friday, May 16, 2003. C. Rather than using daycare, the Mother shall have custody of Korbin before school, (when the Father is not transporting the Child directly to school) and after school until the Father picks up the Child after work. The Father shall transport Korbin to the Mother's residence on his way to work in sufficient time for the Child to ride the bus to school from the Mother's residence. D. The Mother shall also have custody of Korbin daring the summer school break on weekdays when the Father is working and the Child is not attending camp. The Father shall transport Korbin to and from the Mother's residence before and after work. E. hl 2003, the Mother shall have custody of the Children over the Memorial Day weekend from Friday at 3:00 through the holiday at 6:00 pm, and the Father shall have custody over the July 4`h holiday from July 1 at 3:00 pm through July 4`h at 6:00 pm. 4. The parties agree that the Children shall attend their respective summer camps and the parties shall share transportation to and from the Children's canips and other activities. 5. The party relinquishing custody of a Child or Children shall provide the receiving parent with a list of medications, and the time for administration of the medications, to be given during that party's period of custody. The parent relinquishing custody shall also provide a written notation of all medications which were administered during his or her period of custody. 6. Each party shall notify the other party of all medical appointments scheduled for either Child in advance. 7. Both parties shall refrain from discussing divorce, support or custody issues in the presence or hearing of the Children and from making legal papers and correspondence accessible to the Children. 8. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during his or her periods of custody. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. Both parties shall ensure that neither Child has access to guns or other dangerous weapons. 11. Upon completion of the custody evaluation, counsel for either party may contact the conciliator within sixty days of receipt of the evaluator's written recommendations to schedule an additional conciliation conference, if necessary. Counsel for either party may contact the conciliator to request the scheduling of a telephone conference with counsel if, after following the temporary before and after school schedule for a period of at least two weeks, either party believes the arrangement is having a detrimental effect on either Child. 12. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, 9--?41hj-Aqj- cc: Mary A. Etter Dissinger, Esquire - Counsel for Mother Paul J. Helvy, Esquire - Counsel for Father TRUE COPY FROM RECORD In Testimony wher of, I here unto set my hand an"he seal saif CourtAt Carlisle, Pa. SANDRA C. RITTER-BUTZ, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler David Ritter-Butz May 21, 1990 Korbin Patric Ritter-Butz March 19, 1992 Mother Father 2. A Conciliation Conference was held on May 14, 2003, with the following individuals in attendance: The Mother, Sandra C. Ritter-Butz, with her counsel, Mary A. Etter Dissinger, Esquire and the Father, Daivd G. Butz, with his counsel, Paul J. Helvy, Esquire. 3. The parties agreed to entry of an Order in the form as attached, with the exception of the temporary arrangements under which Korbin would go to the Mother's residence on the bus with Tyler after school until the Father finishes work, which is the recommendation of the conciliator on a temporary basis. The Father objected to this arrangement stating that Korbin does not want to go to the Mother's home and has been doing well in after-school day care. The Mother believes it would be best if the Children could spend this time together after school (as primary custody is currently split) and feels it is a preferable arrangement to daycare as the Mother is willing and able to provide care for the Child until the Father's work day is over. h Date Dawn S. Sunday, Esqui 6 Custody Conciliator f THOMAS W. SCOTT JANE GO WEN PENNY TERRENCE J. McGOWAN 1. PAUL HELVY MICHAEL J. O'CONNOR HEATHER M. FAUST STEVEN K. BAINBRIDGE THE LAW FIRM OF KILLIAN & GEPHART, LLP 218 PINE STREET P. O. BOX 886 HARRISBURG, PENNSYLVANIA 17108-0886 TELEPHONE (717) 232-1851 FAX NO. (717) 238-0592 www.killiangephart.com November 10, 2003 Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32 n1 Street Camp Hill, PA 17011 Re: Sandra C. Ritter-Butz v. David G. Butz Dear Mary: Of Counsel: JOHN D. KE.GIAN SMITH B. GEPHART Via FAX (717) 975-3924 and Regular Mail t I received a call from Dave Butz today who advised me that Corbin is becoming increasingly insistent about not continuing to reside with you- client. He advises me that on Saturday, Corbin ran away from your client's home, went to a neighbor's house and called Dave to come get him. Dave firmly believes that Corbin will continue to try to run away until this matter is dealt with. I have a call in to Stan Schneider to see if there is any chance of someone in their office meeting with Corbin in order to try to help resolve this situation. Apparently, Dr. Schneider is out of the country for the week; therefore, if someone at Guidance Associates is able to see Corbin, it will be someone other than Stan. Rather than filing an emergency petition, I would like 1:0 get your client's perspective on this matter and hopefully get some advice from Guidance Associates. Please contact me at your earliest convenience to discuss the above. ruly Helvy JPH/ph cc: David G. Butz CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Defendant's Petition for Emergency Relief upon the following via FAX and by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Via FAX (7171 975 392a and Regular Mail Mary A. Etter Dissinger, Esquire Dissinger and Dissinger 28 North 32nd Street Camp Hill, PA 17011 Dated: November 25, 2003 qx? Peggy Hile, Secretary to J. PAUL HELVY, ESQ. Killian & Gephart, LLP 218 Pine Street P. O. BOX 886 Harrisburg, PA 17108-0886 (717) 232-1851 -? - i>-dv S4 Res ' ? 1,12 30z Community Behavioral HealthCare Network of Pennsylvania Capital Area Date: 3/22/04 The Parents of Tyler Ritter-Butz Re: Unable to contact by phone Dear Parents: Your child has been authorized for Wrap-Around Services (Mobile Therapy). On 3/3/04, 1 spoke with you and per your request I faxed the most recent evaluation and approval letter to Dr. Andrews. We have made several attempts to contact you over the past week. We are trying to contact you regarding: Identifying an agency for your child's approved services. Please contact us by Monday, April 5, 2004 at 1-888-722.8646 if you are still interested in services. If you receive a voice mail recording, please leave your name, phone number, and good time for us to contact you. OR: Enclosed you will find a Freedom of Choice Form and a Self Addressed Envelope. Please feel free to fill out the Form indicating vour provider preference and send it back to CBHNP. We are also sending a copy of this letter to the individuals listed below. You may also receive phone calls from them asking that you contact us. Thank you for your cooperation. Sincerely, risanne Anderson, BA Clinical Associate cc: file CBHNP Clinical Care Manager- Kim Town David Butz Enclosure: Freedom of choice Form and Self Addressed Envelope Revised 4/4/03 d. dept 717-671-6500 1-888-722-8646 717-671-6515jax 5425 Jonestown Road 0 Harrisbu g, PA 17112 Philhaven Harrisburg Office: 2717 North Front Street, Harrisburg PA 17110 BHRS Office (Mount Gretna Campus) April 27, 2004 Sandra Butz 703 Alberta Avenue Mechanicsburg PA 17050 283 South Butler Road P.O. Box 550 Mount Gretna. PA 17064 (717) 273-8871 (717) 270-2452 FAX (717) 230-9622 T011 Free 1-888-328-9727 Re: Tyler Ritter-Butz Dear Ms. Butz: Recently we received a referral for BHR services in the form of mobile therapy for your son Tyler. It has come to my attention that the mobile therapist assigned to your son, has had difficulty reaching you. The letter of April 14 asked you to respond to Margaret Copenhaver's voice-mail by April 28. As the case manager for Philhaven's Behavioral Health Rehabilitation Services, I would like to speak to you regarding this referral for services. If we do not hear from you by Wednesday, May 5, 2004, we will be sending Tyler's referral back to CBH]VP. Please contact me toll free at 1-888-328-9727, option 2, Monday through Friday between 8:30 a.m. - 4:00 p.m. If I am not in the office, please leave a message and I will return your call as quickly as possible. Thank you, 21;6a; Xomt,M Lisa Kemble BHRS Case ;Manager LJK: mlo cc: David Butz Behavioral Healthcare Services (- U Ya N rv T1 -'4 rX 11 -5T -q V _a 0 -- 11 n 7l :_1 I'Il .i 1 ®l VID G. BUTZ, Plaintiff VS. A C. RITTER-BUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 03-770 SANDRA C. RITTER-BUTZ, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA vs. • CIVIL ACTION - CUSTODY DAVID G. BUTZ, Defendant NO. 03-1574 J RULE AND NOW, this day of 200?',_1w, upon nsideration of the foregoing Petition and on motion of Mary A. ter Dissinger and Dissinger and Dissinger, the Court grants a le on Sandra C. Ritter-Butz and J. Paul Helvy, Esquire, to show use why the appearance of Mary A. Etter Dissinger and Dissinger d Dissinger, for Sandra C. Ritter-Butz, should not be withdrawn. le returnable ten (10) days after service. r BY TH2 COURT: J. F?. n Lrl t`7 s iR? N j U JUNl? 3 2004 Custody Conciliator SANDRA C. RITTER-BUTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2 h day of I ^R , 2004, upon consideration of the attached Custody Conciliation Report, "1 its ordered and directed as follows: 1. The prior Order of this Court dated May 27, 2003 shall continue in effect. 2. The Father shall provide at least 60 days advance notice to the Mother of any intended relocation which would have an impact on the existing custody arrangements. The Father shall provide notice under this provision in writing through counsel. 3. Pending completion of the full custody evaluation required by prior Order of this Court, the parties shall obtain interim written recommendations from the evaluator concerning custodial arrangements for Tyler, which shall be provided to counsel for the parties prior to the scheduled custody conciliation conference. 4. The parties and counsel shall attend a custody conciliation conference in the office of the conciliator, Dawn S. Sunday, on Wednesday, July 14, 2004 at 1:30 p.m. BY THE Edgar J. cc: Mary A. Etter Dissinger, Esquire - Counsel for Mother 1 ..7y'0 y J. Paul Helvy, Esquire - Counsel for Father `O CO :`t !'1? {1Z P? hiooz Mary A. Etter Dissinger, Esquire 28 North 32"a Street Camp Hill, PA 17011 J. Paul Helvy, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 SANDRA C. RITTER-BUTZ Plaintiff VS. DAVID G. BUTZ Defendant Prior Judge: Edgar B. Bayley IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is CUSTODY CONCILIATION SUMMARY REPORT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler David Ritter-Butz May 21, 1990 Korbin Patrick Ritter-Butz March 19, 1992 Mother Father 2. This Court previously entered an Order in this matter on May 27, 2003, under which the Mother has primary physical custody of Tyler and the Father has primary physical custody of Korbin. The Mother filed a Petition for Emergency Relief on April 22, 2004, which was denied by the Court on April 27, 2004 and referred to conciliation as a Complaint for Physical Custody. A conciliation conference was scheduled on the Petition for May 26 and rescheduled at the request of counsel to June 10, 2004. 3. Due to an incident which arose with respect to Tyler prior to the scheduled conciliation conference, a telephone conference was held at the request of counsel between J. Paul Helvy, counsel for the Father, David G. Butz, and Mary A. Etter Dissinger, counsel for the Mother, Sandra Ritter- Butz and the conciliator. During the conference, counsel agreed to continue the conciliation conference until July 14, 2004 to allow the parties an opportunity to obtain guidance from Stanley Schneider, Ph.D. pending completion of a full custody evaluation. Counsel also agreed to a provision requiring notice to resolve any relocation concerns pending the conference. 4. The parties, through counsel, agreed to entry of an Order in the form as attached resolving the immediate issues on an interim basis until the July 14 conciliation conference. L/ Date Dawn S. Sunday, Esquire JUL L . 704 DAVID G. BUTZ, Plaintiff VS. SANDRA C. RITTER-BUTZ, Defendant SANDRA C. RITTER-BUTZ, Plaintiff VS. DAVID G. BUTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 0:3-770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN PENNSYLVANIA CIVIL ACTION - CUSTODY NO. 03-1574 ORDER 2004, with no AND NOW this JAL- day of ? 1 objection from J. Paul Helvy, Esquire, and with no objection utz, the firm of Dissinger and Dissinger -B from Sandra C. Ritter and the appearance of Mary A. Etter Dissinger is withdrawn. BY THE COURT: J S?Ci1 {.7 / dGc+a?- d; w a J? ,w AUY2 0 2004 SANDRA C. RITTER-BUTZ Plaintiff VS. DAVID G. BUTZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ) day of uv? , 2004, upon consideration of the attached Custtddy Conciliation Rep4iis der ed and directed as follows: 1. All prior custody Orders in this matter are vacated and replaced with this Order. 2. The Mother, Sandra C. Ritter-Butz, and the Father, David G. Butz, shall have shared legal custody of Tyler David Ritter-Butz, bom May 21, 1990, and Korbin Patric Ritter-Butz, born March 19, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. In the event the parties are unable to reach an agreement as to medical (including psychological or counseling) treatment or other issue with regard to the Children, the Father shall be entitled to make the decision to follow the recommendations of the Child's counselor or medical professional. The Father shall notify the Mother of all medical/psychological professionals who are providing treatment to the Children as well as the treatment provided. The Father shall be entitled to select providers of medical and psychological services for the Children in the Father's local area who have been recommended by the Children's current pediatrician or psychiatrist. The parties shall consult with each other prior to enrolling the Children in extracurricular activities. If approved by the Child's counselor or treating psychiatrist, either Child may be enrolled in an activity selected by either parent during that parent's custodial periods. 3. The Father shall have primary physical custody of the Chiildren. 4. The Mother shall have partial physical custody of the Children on alternating weekends from Friday at 5:00 p.m. through Sunday at 6:00 p.m. Unless otherwise agreed between the parties, the Mother shall have custody of Korbin for the weekend beginning August 13, 2004 and custody of Tyler for the weekend beginning August 27, 2004 and shall alternate having each Child alone for the period of custody on the alternating weekends. The Mother shall ensure that the Children's homework is completed during her weekend periods of custody. c? 5. The parties shall share having custody of the Children on holidays as follows: A. Altemating Holidays: The parties shall altemate having; custody of the Children on the following holidays beginning with the Father having custody of the Children on Labor Day in 2004: Labor Daffy, Thanksgiving, Christmas Eve and Christmas, New Year's, Easter, Memorial Day, and July 4` . The specific times for the holiday periods of custody shall be arranged by agreement between the parties. B. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody on Father's Day, with the specific times to be arranged by agreement. C. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. 6. During the summer school break each year, the Mother shall be entitled to have custody of the Children for two non-consecutive weeks (with either both Children or one Child at a time as selected by the Mother), upon providing at least 30 days advance written notice to the Father. 7. Within 30 days of the date of this Order, the Father shall make arrangements for the Children to participate in counseling with a professional to be selected by the Father. The Father shall promptly notify the Mother of the name and telephone number of the counselor and the scheduling of all appointments for the Children. The Father shall authorize the counselor to discuss the Children's counseling with the Mother and to provide to the Mother all information which the counselor is able to provide to the Father concerning the Children. The Father shall provide confirmation to the Mother of the Children's attendance in counseling or, alternatively, the Mother shall be entitled to contact the counselor to obtain confirmation of attendance. 8. The Father shall provide all transportation for exchanges of custody unless otherwise agreed between the parties. 9. Neither party shall use illegal drugs or consume alcohol to the point of intoxication during his or her periods of custody. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. The parties shall ensure that all medications prescribed for the Children are exchanged during transfers of custody. 11. Both parties shall ensure that neither Child has access to guns or other dangerous weapons. 12. In the event there is a change to the Mother's living arrangements which would require an adjustment to the custody schedule, counsel for either party or an unrepresented party may contact the conciliator within 60 days of the date of this Order to schedule an additional conference in order to address any necessary changes to the custody schedule. 13. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 14. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent in writing. In the absence of written mutual consent, the terms of this Order shall control. BY THE COURT, Edgar B. Bayley cc: Sandra C. Ritter-Butz, Mother J. Paul Helvy, Esquire - Counsel for Father tAf", Ld ` ?`"t ?? a y.0 y yr TL 2Gn4L 23 ,. r 1 SANDRA C. RITTER-BUTZ Plaintiff VS. DAVID G. BUTZ Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler David Ritter-Butz May 21, 1990 Father Korbin Patric Ritter-Butz March 19, 1992 Father 2. A conciliation conference was held on August 10, 2004, with the following individuals in attendance: The Mother, Sandra C. Ritter-Butz, who is not represented by counsel in this matter, and the Father, David G. Butz, with his counsel, J. Paul Helvy, Esquire. 3. This Court previously entered an Order on May 27, 2003, under which the Mother had primary physical custody of Tyler and the Father had primary physical custody of Korbin. Temporary changes were made to the custody arrangements by the parties due to the Mother's hospitalization in the spring of 2004 which eventually resulted in the Mother filing, a Petition for Emergency Relief on April 22, 2004. The Mother's petition was denied by the Court and referred to conciliation to be treated as a Petition for Transfer of Custody. The conference which was initially scheduled thereafter was continued at the request of counsel for both parties (the Mother at the time was represented by Mary Dissinger, Esquire) to enable the parties to obtain guidance from Stanley Schneider pending completion of an ongoing full custody evaluation. As a result of a June 8, 2004 telephone conference, an Order was entered by the Court in early June 2004 (neither party had a copy of the signed Order reflecting the exact date) requiring the Father to give 60 days advance notice of any intended relocation and requiring the parties to obtain interim recommendations from the evaluator specifically with regard to arrangements for Tyler. The conciliation conference which had been continued to July 14, 2004 was again rescheduled to enable the Mother to obtain transportation as she is unable to drive. 4. At the August 10, 2004 conference, the parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`r', COMMONWEALTH OF PENNSYLVANIA SANDRA RITTER-BUTZ PLAINTIFF (PETITIONER) VS. DAVID G. BUTZ, DEFENDANT (RESPONDENT) Civil Action---Modification of Custody Civil Term No. PETITION TO MODIFY CHILD CUSTODY AWARD 1. Petitioner, is Sandra C. Ritter-Butz, (hereinafter referred to as "mother"") v,'ho currently resides at 46 West Locust Street, Mechancisburg, PA. 17055 in the County of Curnberland. ?. Respondent is David G. Butz, (hereinafter referred to as "father") who currently resides at 61 Misty Meadow Drive. Reinholds, PA. 17569 in the County of Lancaster.. 3 On ? :J day of August, an V]uer o- C0iurt vvaS cnt-red, by t1he Honorai1p eiidLe Bayley which awarding Primary Physical custody to father. David G. Butz. and Partial Custody to mother, Sandra C. Ritter-Butz.. 4. Since the entry of said Order, there has been a significant change in circulnstancc:s for the following reasons as hereinafter outlined. (a) The minor child, Korbin P.Ritter-Butz, has expressed to his mother. verbally and by way of written correspondence. that he desires to relocate to his mother's home. (b), The minor child Korbin P. Ritter-Butz, is excited about the 1'>rospect of relocating to the mother's home. (c) Mother. has a new residence, which is within close proximity to the prospective school which is within walking distance from the school. and a home within which her child, can feel a sense of stability. con-ifort. and permanency. (d) The child has expressed feelings of anger. and anxiety as to :leis Current situation with his father. and has recited through written meditin-I that his mother is loving and nurturing. (e) The child is unkempt when he departs from his father's residence to visit his mother. (f) The minor child Korbin has been exposed to abuse from leis older and physically larger brot!Ier who was diagnosed with Asperger Syndrome. and who on one occasion held a pillow cyer his younger brother's head while sleeping in the same bedroom. The best interest of the child will be served by the Court in modifying said Order for the aforementioned reasons. (a) The minor child, Korbin P.Ritter-Butz, has expressed to his mother, verbally and by way of written correspondence. that she desires to relocate to her mother's home. (b ? The minor child Korbin P. Ritter-Butz. is excited about the prospect of relocating to the mother's home. (c) Mother, has a new residence. which is within close proximity to the prospective school which is within walking distance from the school. and a home within which her child, can feel a sense of stability. comfort. and permanency. (d) The child has expressed feelings of anger, and anxiety as to l?ris cLrrrent situation with his father, and has recited through written medium that his mother is loving and nurturing. (e) The child is unkempt when he departs from his father's residence W. %isit his mother. (f) Fhe minor child Korbin has been exposed to abuse from his older and physically larger brother who was diagnosed with Asperger Syndrome. and. who on one occasion held a pi':low- o -er !,is younger brother' head while sleeping in the same bedroom. 5. The best interest of the child will be served by the Court in modifying said Order for the aforementioned reasons. Petitioner prays this Court to grant the modification of the partial custody ('h-der to allow Mother. to obtain Primary Physical Custody of her child Korbin P. Ritter-Butz. Respectfully submitted. Gregory `. >=l?zl `wire ?,% Atto ey for Petitioner 71, est Main Street Mechanicsburg, PA. 1705 5 Phone: 790-5500 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false: statements herein are made subject to the penalties of 18 Pa. Cons. Stat. 4??()4 relating to unsworn falsification to authorities. Date l: V Sandra C. Ritter-Butz, Petitioner SANDRA RITTER-BUTZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID G. BUTZ DEFENDANT 03-1574 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsb!!j:&_PA 17055 on Tuesday, April 03, 2007 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?S rZ l4d a_ M {OOZ LA'G' Ail G` ;'+` l_; ': W -! {1 ?k0 APR 0 4 2007 W SANDRA RITTER-BLITZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of \ , 2007, upon consideration of the attached Custody Conciliation Rep*11is der ed and directed as follows: 1. Pending further Order of Court or agreement of the parties, the prior Order of this Court dated August 23, 2004 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of Tyler as arranged by agreement between the parties. The Mother shall have partial physical custody of Korbin on every alternating weekend. 3. The Mother or her counsel shall contact Dr. Stanley Schneider's office to determine the cost of a supplemental evaluation to assess the Mother's proposed change of primary custody of Korbin in light of the Child's best interests. 4. Upon determining the costs of the supplemental evaluation, the parties shall cooperate in making arrangements to apportion the costs between them and to initiate the evaluation process. 5. The parties agree that the Mother may make arrangements for Korbin to participate in a therapeutic counseling session with Dr. Schifflet, the Child's prior counselor. As soon as the Child's session with Dr. Schifflet has taken place, the parties agree that the Father will make arrangements for Korbin to engage in ongoing counseling sessions at Philhaven. 6. Within 60 days of receipt of Dr. Schneider's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE Edgar B. Bayley I J. cc: / gory S. Hazlett, Esquire - Counsel for Mother /P 7 gory Butz, Father C%j h LL. CD C N SANDRA RITTER-BUTZ Plaintiff VS. DAVID G. BUTZ Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler D. Ritter-Butz May 21, 1990 Father Korbin P. Ritter-Butz March 19, 1992 Father 2. A custody conciliation conference was held on April 2, 2007 with the following individuals in attendance: the Mother, Sandra Ritter-Butz, with her counsel, Gregory S. Hazlett, Esquire, and the Father, David G. Butz, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator DEC 212007 #V SANDRA RITTER-BUTZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 03-1574 CIVIL ACTION LAW DAVID G. BUTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this ez "7 day of 200T, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated April 12, 2007 and August 23, 2004 shall continue in effect as modified by this Order. 2. The Father shall make arrangements for the Father and Korbin to engage in counseling with Nelson Yoder, the Child's current counselor, for the specific purpose of addressing issues which have arisen in the parent-child relationship. The Father shall follow the recommendations of the counselor with respect to the timing and frequency of the joint sessions with Korbin. 3. Both parents shall engage in family counseling with Nelson Yoder, if recommended by the counselor as appropriate at the present time. The parties shall cooperate in addressing the transportation issue to enable the Mother to attend sessions. 4. The Mother shall be entitled to have an additional weekend period of custody with Korbin every month in the event the Mother is willing and able to contribute toward the Father's transportation costs to the extent of Forty Dollars ($40.00) per weekend. The Mother shall notify the Father one (1) week in advance of her intent to exercise her right to a period of custody under this provision and the Mother shall reimburse the Father as provided in this provision by the end of the weekend period of custody. 5. The parties shall cooperate in finalizing Korbin's schedule of activities for the summer school break in 2008. If the parents are unable to agree on a summer custody schedule by April 1, 2008, counsel for either party or a party pro se may contact the conciliator to schedule a follow-up conciliation conference for the purpose of addressing the summer custody schedule only. 6. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Edgar B. Bayley cc: Gregory S. Hazlett, Esquire - Counsel for Mother David G. Butz, Father ar IVZ'S M?LtLL /2Ja7 1o7 "-Zn %.C? •1.? r? ? ? ? • AM?^ ? ? SANDRA RITTER-BUTZ Plaintiff vs. DAVID G. BUTZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1574 CIVIL ACTION LAW IN CUSTODY Defendant Prior Judge: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Tyler D. Ritter-Butz May 21, 1990 Father Korbin P. Ritter-Butz March 19, 1992 Father 2. A custody conciliation conference was held on December 19, 2007, with the following individuals in attendance: the Mother, Sandra Ritter-Butz, with her counsel, Gregory S. Hazlett, Esquire, and the Father, David G. Butz, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator