HomeMy WebLinkAbout10-0420C,
LAW OFFICES OF PETER J. RUSSO, P.C. C-)
Attorneys for Plaint N
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BY: Elizabeth J. Saylor, Esquire n
PA Supreme Court ID: 200139 ;
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755 ,.
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Facsimile: (717) 591-1756
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Email: Isaylor@pjriaw.com
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. )O' 4a0 CIVIL TERM
Defendant IN CUSTODY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the foregoing 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP. +I1q.00 fib A'Try
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CATHERINE L BUTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANk6
V. 2010-420 CIVIL ACTION LAWS
GLENN E. BUTLER
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, IN CUSTODY :s
DI
TI?NDANT --
ORDER OF COURT
AND NOW, Wednesday, Janua ry 04, 2012 , upon consideration of the attached Complaint ,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 03, 2012 at 1:00 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. 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/ john J. Mandan, jr., Est,
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
?!?c ??. cofx'V'ePc1T? evs'`
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Lawyer Referral Service of
The Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone No. 1-800-990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible facilities
and reasonable accommodations available to disabled individuals having business before
the court, please contact our office. All arrangements must be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: Isaylor@pjdaw.com
CATHERINE L. BUTLER,
Plaintiff
V.
GLENN E. BUTLER,
Defendant
Attorneys for Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. /0 "yam
IN CUSTODY
COMPLAINT FOR CUSTODY
CIVIL TERM
AND NOW COMES the Plaintiff Catherine Butler, by and through her attorneys,
The Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support
of Plaintiffs Complaint for Custody:
1. The Plaintiff is Catherine L. Butler, residing at 308 E. Meadow Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendant is Glenn E. Butler, residing at 61 Keefer Way, Mechanicsburg,
Cumberland County, Pennsylvania, 17055.
3. Plaintiff seeks custody of the following child:
Name Present Residence Date of Birth
Paul E. Butler 308 E. Meadow Dr., Mechanicsburg 02121/06
4. The child was not born out of wedlock.
5. The child is presently in the custody of Catherine L. Butler, who resides at 308
E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
6. During the past five years, the child has resided with the following persons
and at the following addresses:
Persons Addresses Duration
Catherine L. Butler 308 E. Meadow Dr. 6110/2009 - Present
Mechanicsburg, PA 17055
Catherine L. Butler 61 Keefer Way 2/21/2006 - 6/10/2009
Glenn E. Butler Mechanicsburg, PA 17055
7. The Mother of the child is Catherine L. Butler, currently residing at 308 E.
Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Mother
is married.
8. The Father of the child is Glenn E. Butler, currently residing at 61 Keefer Way,
Mechanicsburg, Pennsylvania. The Father is married.
9. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently
resides with the following persons:
Name
Paul E. Butler
Relationship
Son
10. The relationship of Defendant to the child is that of Father. The Defendant
currently resides with the following persons:
Name
Relationship
Not applicable.
11. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court. The Court,
term and number, and its relationship to this action is: Not applicable.
12. Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state. The court, term and
number, and its relationship to this action is: Not applicable.
13. Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child. The name and address of such person is: Not applicable.
14. The best interest and permanent welfare of the child will be served by
granting Mother primary custody because:
a. Mother has been the primary caretaker of the child since the child's birth.
b. Mother has enjoyed primary custody of the child since Mother vacated the
marital residence on June 10, 2009. Specifically, since Mother's move, the parties have
followed a mutually agreed upon schedule in which Mother has primary physical custody of
the child and Father has partial physical custody as follows: every other Monday for a
period of approximately 3.5 hours, every other Thursday to Sunday, and the alternating
Thursday for a period of approximately 3.5 hours.
c. Plaintiff is the party that is better able to:
1) provide the child with a loving home environment;
2) provide the child with stability;
3) foster the child's relationship with the other party; and
4) provide for the child's physical, emotional, and spiritual well-being.
15. Each parent whose parental rights to the child have not been terminated and
the person who has physical custody of the child 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 child will be given notice of the pendency of this action and
the right to intervene:
Name Address Basis of Claim
Not applicable.
Wherefore, Plaintiff Catherine L. Butler respectfully requests the Court to grant
primary custody of the child to Plaintiff in accordance with the status quo that was
mutually agreed upon by the parties.
Respectfully submitted,
THE LAW OFFICE OF PETER J. RUSSO, P.C.
Elizabetgp? . ylor, Esquire
Attorney I.D. No. 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date: l ?f ~ %?
VERIFICATION
I, Catherine L. Butler, verify that the statements made in this 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 unswom falsification to
authorities.
Date: I q JAtV 2016 0?
Catherine L. Butler
CATHERINE L. BUTLER, .
Plaintiff
v.
GLENN E. BUTLER, .
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. ~0_~a0 CIVIL TERM
IN CUSTODY
CERTIFICATE OF SERVICE
I, Amber L. Southard, hereby certify that I am on this day serving a copy of the
Complaint for Custody upon the person(s) and in the manner indicated below:
US Regular Mail and Certified Mail, return receipt requested, and addressed~as~llows:
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Glenn Butler ~ ~. ~,-:
61 Keefer Way ~
Mechanicsburg, PA 17055
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Amber L. Southard, Paraleg -. -~
Date: ~ ~.
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^ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
^ Print your name and address on the reverse
so that we can return the card to you.
^ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
C~ler~~ `~u+ler
l01 KeeFer Wa
Mecr~an~cs~~g, A
A.
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^ Agent
^ Addre
B. Received by (Printed luame) I C. Date of~livery
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D. Is delivery address different from item 1?~ ^ Yes
If YES, enter delivery address bel ~~ ~ ` .,
JAN "~~
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3. ice Type ~
Certified Mail ^ Express
^ Registered ~Retum Receipt for Merchandise
^ Insured Mail ^ C.C.D.
4. Restricted Delivery? (Extra Fee)
2_ Article Number 7 0 6 ~ 81 X 0 0 0 6 1^ 5 2 6 6 9 5
(Transfer from servJce /abeq
PS Form 3$11, February 2004 Domest~ Return Receipt 70~'~"1~
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LAW OFF~ES OF PETER J. RUSSO, P.C.
BY; Elizab th J. Saylor, Esquire
PA Suprerrle Court ID: 200139
5006 E. Trihdle Road, Suite 100
Mechanicsburg, PA 17050
Telephone:, (717) 591-1755
Facsimile: {717) 591-1756
Email: ts~lor~girlaw.com
Attorneys fbr Plaintiff
CATHERINE L. BUTLER,
Plai~htiff
v.
GLENN E. BUTLER,
Def!'ndant
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IN THE COURT OF COMMt
CUMBERLAND COUNTY, I
CIVIL ACTION -LAW
NO. 2010-420 I
IN CUSTODY
Judge J. Wesley Oler, Jr.
MEMORANDUM FOR CUSTODY HEARING
This matter is scheduled for a Custody Hearing on July 15~' at 1
Honorable Mudge J. Wesley Oler, Jr. The following Memorandum is
behalf of Catherine L. Butler:
I. POSITION ON CUSTODY.
Plaintiff adopts the recommendations of John J. Mangan,
Conciliator and Dr. Arnold Shienvold, Joint Custody
requests that the Order entered by the Honorable Judge J.
on March 30, 2010 remains in effect.
IL EXPECTED WITNESSES.
(1) Catherine L. Butler -Plaintiff/Mother. Her desire
PLEAS OF
~NSYLVANIA
L TERM
1 P.M. before the
submitted on
squire, Custody
uator, and thus
Wesley Oler, Jr.
ability to care
for the child and to provide a loving home environment for the child on ~ primary basis,
and concerns regarding Father, including but not limited to his Comm
child and nhother, and his care of the child.
(2) Dr. Arnold Shienvold -His custodial recomme
information relied upon and observations made during the joint c
conducted at the agreement of the parties.
(3) Harry Michael Lawson, Sr. -- Mother's Father/ Pat
of Child- His relationship with the child and his direct observations of
the child by both Mother and Father.
(4) Any persons on Defendant's memorandum.
(5) Defendant (as on cross).
Respectfully submitted,
LAW OFFICES OF PETER J
nication with the
dation and the
tody evaluation
rnal Grandfather
the parenting of
SSO, P.C.
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.Saylor, Esquire
CERTIFICATE OF SERVICE
I, Arnber L. Southard, hereby certify that I am on this day servin a copy of the
foregoing document upon the person (s) and in the manner indicated b low:
Service by First-Class Mail, Postage Prepaid, and Addressed a follows:
THOMAS ~. GOULD, ESQUIRE
2 E MAIN STREET
SHIREMAf~STOWN, PA 1 701 1 6309
Date: ~~ 9/~~
Amber L. Southard, Paralegal
a
CATHERINE L. BUTLER,
Plaintiff
v
GLENN E. BUTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-420 CIVIL TERM
IN CUSTODY
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 15th day of July, 2010, upon
consideration of the Complaint for Custody filed in the
above-captioned matter, and pursuant to an agreement reached in
open court with respect to custody of the parties' child,
Paul E. Butler (date of birth, February 21, 2006), it is ordered
and directed as follows:
1. The order dated March 30th, 2010, shall
remain in full force and effect with the following amendments:
Paragraph 3, Subsection a, McDonalds shall be replaced by Weis
parking lot;
2. Paragraph 3, Subsection a, shall also be
amended to state that Father shall then have custody on Friday,
picking Paul up from daycare until Monday morning, dropping Paul
off at daycare, unless Monday is Father's holiday under the
attached schedule, and, if so, Father shall drop the child off on
Tuesday morning at daycare;
3. Paragraph 7, the last sentence shall be
amended to read: The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes
the other parent's weekend period of custody, then the party that
is not enjoying the vacation period with the child shall be
provided makeup time in at least equal amount to the time lost
due to the vacation;
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.+
4. Paragraph 10 shall be replaced with the
following: Both parties are willing to cooperate in the best
interests of the child. Both parties will encourage attendance
at family functions such as weddings, funerals and reunions, and
makeup time shall be provided for any custodial periods lost in
at least an equivalent manner; and
5. Paragraph 10 in the current order shall be
amended to be paragraph 11.
/ Elizabeth J. Saylor, Esquire
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
For Plaintiff
~mas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA 17011
For Defendant
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By the Court,
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of Ct7t~ERL1o,ND
Date of Order/Notice 07/15/10
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
OFFICE OF UNEMPLOYMENT INSURAN
C/O DEPT OF LABOR LICENSING
PO BOX 17153
BALTIMORE MD 21297-0155
190-42-9436
Employee/Obligor's Social Security Number
4737102210
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachme~rU
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o. oo per month in current child support
$ o. oo per month in past-due child support Arrears 12 weeks or greaten' yes ®no
$ o . oo per month in current medical support
$ o . oo per month in past-due medical support
$ o . oo per month in current spousal support ~ 3 ~ `_
$ o . oo per month in past-due spousal support cy ~ Y,
$ o . o o per month for genetic test costs v ~_~~ ~''. c.~. rt
$ o . oo per month in other (specify) ~ ~ r.':.. ~r _~~ r
$ one-time lump sum payment _ ~ -~ r ~'
for a total of $ o . 00 per month to be forwarded to r ` `
Payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay ~~~ does_not rtc'h
the ordered support payment cycle, use the following to determine how much to withhold: ~-.
$ o . oo Per weekly pay period. $ o . oo per semimonthly'p~y peFod ~`
(twice a month)
$ o . oo per biweekly pay period (every two weeks) $ o . oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. I! 4374(b)) requires remittance by an electronic Itaavment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFE DANT'S NAME AND THE PACSES MEMBER 1D (shown
above as the Employee/Obligor's Case/Ider-~ifier) OR CIAL SF,~yURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. ~ ~J ~~/
BY THE COURT:
DRO: R.J. Shadday
Service Type M
546111545 OOriginal Order/Notice
ZO-421 CIVIL OAmended Order/Notice
OTerminate Order/Notice
QOne-Time Lump Sum/Notice
RE: WISER, CALVIN E .
Employee/Obligor's Name (Last, First, Mp
J.'-~B~lsy Olsr, Jr. ,
OMB No.: 0970-0154
Form EN-028 Rev.S
Worker ID $olNc
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ 1 heck you are required to pr idea opy of this form to your m loyee. If yo r employee orks in a state that is
i~erent from the state that issuedthis order, a copy must be provideec~to your emproyee even if t~e box is not checked
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee%bligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding orcler and forward the support payments.
4. * Employee/Obligorwhh Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee%bligoranct you are unable to honor all support OrderMotices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you.
Please provide the information requested and return a copy of this Orcler/Notice to the Agency identified below. 4997100126
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME:WISER, CALVIN E.
EMPLOYEE'S CASE IDENTIFIER: 4737102210 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment,
refusing to employ, or taking disciplinary action against any employeelobligorhecause of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Ad (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.S
Service T e M OMB No.:0970-0154
YP Worker ID $oINC
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: WISER, CALVIN E.
Service Type M
Form EN-028 Rev.S
Worker ID $olNc
Addendum
OMB No.: 0970-0154
i
THOMAS D. GOULD, ESQUIRE
2 EAST MAIN STREET
SHIREMANSTOWN, PA 17011
(717) 731-1461
CATHERINE L. BUTLER,
PLAINTIFF
V.
GLENN E. BUTLER,
DEFENDANT
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PM Cl 7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010 - 0420
CIVIL ACTION
CUSTODY
PETITION TO MODIFY CUSTODY ORDER
1. The Defendant/Petitioner is Glenn E. Butler, hereinafter
referred to as Father, residing at 61 Keefer Way, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Plaintiff/Respondent is Catherine L. Butler,
hereinafter referred to as Mother, with a residence at 308 E.
Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Father and Mother are the biological parents of Paul E.
Butler, born February 21, 2006, hereinafter referred to as Paul.
4. Father requests that the March 30, 2010 Order of Court as
amended by the July 15, 2010 Order of Court be modified to grant
him additional physical custody time with Paul. A copy of the
Orders are attached as exhibit A.
C(t.,b? 3 a ?o
?tE? (03333
5. Paul's best interest will be served if Father's request
is granted because:
a. Father will place the needs and interests of the Paul
before his own.
b. Father will provide a stable home environment.
C. Father will insure that Paul maintains a positive
relationship with his Mother.
d. Father will take all necessary steps to reduce the
stressors in Paul's life.
WHEREFORE, Father requests that this honorable court modify
the March 30, 2010 Order of Court as amended by the July 15, 2010
Order of Court and grant him additional physical custody periods
as are in the best interests of Paul.
Respectfully submitted,
t) - A?
Thomas D. Gould, Esquire
ID #36508
2 East Main Street
Shiremanstown, PA 17011
(717) 731-1461
VERIFICATION
I, GLENN E. BUTLER, hereby certify that the foregoing PETITION
TO MODIFY CUSTODY ORDER is true and correct to the best of my
knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
DATED: ?S_ I4-20Ll" ? , wjA
GLENN E. BUTLER
3
CATHERINE L. BUTLER IN THE COURT OF COMMON V, J` 'AS
Plaintiff CUMBERLAND COUNTY, PEI," S?YLVANI, A
V.
No. 10-420 Civil Term
GLENN E. BUTLER
Defendant :ACTION IN CUSTODY
COURT ORDER
AND NOW, this _30 day of March 2010, upon consideration of th, ; a ttached
Custody Conciliation Report, it is ordered and directed that:
Custody
I . This Order is entered pursuant to a Custoddo Y i of ?J i tion Conference, . 2( /.
1?) at
Hearing is hereby scheduled on the _ _ -; ,u at
of
??4!pm in Courtroom number - ?-- in the Curnberl d County
Common Pleas, Carlisle, PA 17013 at which time testimony will be tak ;r. in
regard to the physical custody be the moving party and shall?proceedtu rti allymg,
the Mother shall be deemed to
with testimony. Counsel for each party shall file with the Court and op c sing
counsel a Memorandum setting forth each party's position on custody, 1 list of
witnesses who will be expected
witness. These Memoranda shall be file . at least
anticipated testimony of each
five days prior to the hearing date.
2. Leal custody: The Mother, PCatherine aul E. Butler, born 02/21/2006. TGlenn Butr, he par e s shall shall
have shared legal custody of
have an equal right to make all major non-emergency decisions affecti ig the
Child's general well-being including, but not limited to, all decisions r °g arding
his health, education and religion. Pursuant to the terns of 23 Pa.C.S. §"309,
each parent shall be entitled to all records and information pertaining to the Child
including, but not limited to, medical, dental, religious or school recor Is, the
residence address of the Child and of the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the e th,-.r parent.
3. Physical Custody: Mother shall have primary physical custody of the Children
subject to Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday
from after day care (Father picking Paul up from day care) until
7:30 pm whereby exchanging custody at a mutually agreed upon
location; in the absence of agreement, the parties shall exchange
custody at the designated McDonald's at 7:30 pm. Fa_he:r shall
fxMltt R
then have custody on Friday, picking Paul up from day care until
Monday morning, dropping Paul off at day care.
b. In week two, Father shall have physical custody of Paul on
Thursday, picking Paul up from day care, until Friday morning,
dropping Paul off at day care in the morning.
C. Father shall have additional periods of physical custody of the
Child as the parties may mutually agree.
4. The non-custodial parent shall have liberal telephone contact with the Child on a
reasonable basis.
5. Holidays: In the absence of agreement, the parties shall adhere to the holiday
schedule as attached.
6. Counseling: The parties have agreed to, and shall, engage in therapeutic family
counseling (with the focus on co-parenting) with a mutually-agreed upon
professional. Mother has agreed to take the initiative to ascertain which
counselors are covered through her insurance. The cost of said counseling, after
appropriate payment through insurance, shall be split equally between the parties.
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the
Child during the summer. The parents shall give 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parents shall provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement.
8. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party. To the extent possible, both
parties shall not allow third parties to disparage the other parent in the presence of
the Child. Neither party shall engage in discussions with Paul regarding custody
litigation issues and shall not use Paul to relay messages to one another.
9. In the event of a medical emergency, the custodial party shall notify the other
party as soon as possible after the emergency is handled.
10. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
J.
Distribution:
Thomas Gould, Esq.
Elizabeth Saylor, Esq.
John J. Mangan, Esq.
TRUE COPY FROM RECORD
In Testimony whereof, P here unto set my hand
and the seal of said Court at Carlisle, Pa.
This day of 20 .
Prothonotary
• t
HOLIDAYS AND
SPECIAL DAYS
Easter Day 1 n Half TIMES
From 9 am until 2 pm EVEN
YEARS
Father
ther
M ODD
YEARS
Mother
Father
Easter Day 2° Half From 2 pm until 7 pm o
Mother Father
Memorial Day From 9 am until 7 pm
Father
Mother
Independence Day From 9 am until ? pm Mother Father
Labor Day From 9 am until 7 pm
From one hour before trick or treating to one
Father
Mother
Halloween
hour after trick or treating
h
M
Thanksgiving I- Half From 8 am Thanksgiving Day to 2 pm on Father er
ot
Thanksgiving Day
Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon Mother Father
the day after Thanksgiving Day
From after day care 12/24 (or noon if no day Mother Father
Christmas A
care) until 8 pm 12/24
Christmas B From 8 pm 12/24 to noon on 12/25 Father Mother
Christmas C From noon on 12/25 to noon on 12/26 Mother Father
New Year's From 6 pm 12131 until noon January In Mother Father
(with the 12/31 year to control the even/odd
determination)
Mother's Day From 9 am until 7 pm Mother
Father Mother
Father
Father's Day From 9 am until 7 pm
t,___., .? M--.l ('nctntIV Schedule
Tuesda imu LLl(il l uJ oar ..a ..
Wednesday Thursday -? -- -
Saturday
Friday
Sunday
M D y
M M M M D D D
D M
M
M M D M M
D M
CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
NO. 10-420 CIVIL TERM
GLENN E. BUTLER,
Defendant IN CUSTODY
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 15th day of July, 2010, upon
consideration of the Complaint for Custody filed in the
above-captioned matter, and pursuant to an agreement reached in
open court with respect to custody of the parties' child,
Paul E. Butler (date of birth, February 21, 2006), it is ordered
and directed as follows:
1. The order dated March 30th, 2010, shall
remain in full force and effect with the following amendments:
Paragraph 3, Subsection a, McDonalds shall be replaced by Weis
parking lot;
2. Paragraph 3, Subsection a, shall also be
amended to state t=hat Father shall then have custody on Friday,
picking Paul up from daycare until Monday morning, dropping Paul
off at daycare, unless Monday is Father's holiday under the
attached schedule, and, if so, Father shall drop the child off on
Tuesday morning at daycare;
3. Paragraph 7, the last sentence shall be
amended to read: The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes
the other parent's weekend period of custody, then the party that
is not enjoying the vacation period with the child shall be
provided makeup time in at least equal amount to the time lost
due to the vacation;
4. Paragraph 10 shall be replaced with the
following: Both parties are willing to cooperate in the best
interests of the child. Both parties will encourage attendance
at family functions such as weddings, funerals and reunions, and
makeup time shall be provided for any custodial periods lost in
at least an equivalent manner; and
5. Paragraph 10 in the current order shall be
amended to be paragraph 11.
By the Court,
i
j
'
J./ Wesley Olen, Jr: J.
Elizabeth J. Saylor, Esquire
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
For Plaintiff
T?as; D. Gould, Esquire
. East. Main street
Shiremanstown, PA 17011
For Defendant
mae
TRUE COPY FROM RECORD
In Testimony whereof, t here unto set my hand
and the seal of sold Cqurt al Carlisle, Pa.
This.?l day of 20
Prothonotary
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. c7
2010-420 CIVIL ACTION LAW
XM
GLENN E. BUTLER X700
IN CUSTODY <>
DEFENDANT i-
ORDER OF COURT
4-'*)
co
AND NOW, __ Wednesday, August 17, 2011 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at_ _4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 27, 2011 at 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order,
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ohn . Man an A. Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
? ?,1 ?? ?P tj rl7p1i/Pd, /J (_00/ J Telephone (717) 249-3166
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C"TMuER LANG 00UNT`
PENNSYLVANIA
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: Isa)4or@pjrlaw.com
Attorneys for Plaintiff
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO
RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty days prior to the date on which
the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate as Exhibit "A",
(3) no objection to the subpoena has been received, and opposing counsel has waived the
twenty day notice requirement; a copy of the signed waiver is attached hereto as
Exhibit "B", and
(4) the subpoena which will be served is identical to the subpoena which is attached to
the notice of intent to serve the subpoena.
Date:
Llfzabeth J. Saylor, Esquire
Attorney I.D. No. 200139
Attorneys for Defendant
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
EXHIBIT "A"
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: Isaylor@pjrlaw.com
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
GLENN E. BUTLER, : NO. 10420 CIVIL TERM
Defendant : IN CUSTODY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
The Plaintiff, Catherine L. Butler, by and through her counsel, intends to serve a
subpoena identical to the one that is attached to this notice. You have twenty (20) days from the
date listed below in which to file of record and serve upon the undersigned an objection to the
subpoena. If no objection is made the subpoena may be served.
THE LAW FFICE OF PETER J. RUSSO P.C.
Pe er J. R o, quire
Attorney I.D. o. 72897
Elizabeth J. Saylor, Esquire
Attorney I.D. No. 200139
Attorneys for Defendant
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Date:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CATHERINE L. BUTLER
File No. 2010-420
Plaintiff
vs.
GLENN E. BUTLER
Defendant
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Upper Allen Township Police Department
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things:
Any and all police reports regarding Glenn E. Butler and/or Catherine L. Butler within
the last Twelve (12) Months.
at 5006 E. Trindle Road, Suite 100, Mechancisburg, PA 17050
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this
subpoena, together with the certificate of compliance, to the party making this request at the address listed
above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days
after its service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Elizabeth J. Saylor, Esquire
ADDRESS: law oriiees or Peter 1. Russo, P.C.
5006 E. Triadic Roed, Suite 100
Mechanicsburg, PA 17050
TELEPHONE: 717-591-1755
SUPREME COURT ID # 200139
ATTORNEY FOR: Catherine L.Butler. Plaint
BY THE COURT:
Prothonotary, Civil Division
Date:
Seal of the Court
Deputy
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: lsaylor@pjrlaw.com
Attomevs for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
GLENN E. BUTLER, : NO. 10-420 CIVIL TERM
Defendant : IN CUSTODY
WAIVER
I hereby certify that I have on this day received a copy of the Subpoena to Produce Documents
for Discovery pursuant to Rule 4009.22, Certificate of Compliance and Certificate Prerequisite to
Service of a subpoena pursuant to Rule 4009.22 and hereby waive the twenty day (20) as I have
no objections to this subpoena.
Date:
Thomas D. Gould, Esquire
EXHIBIT "B"
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: lsaylor@pjrlaw.com
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
WAIVER
I hereby certify that I have on this day received a copy of the Subpoena to Produce Documents
for Discovery pursuant to Rule 4009.22, Certificate of Compliance and Certificate Prerequisite to
Service of a subpoena pursuant to Rule 4009.22 and hereby waive the twenty day (20) as I have
no objections to this subpoena.
Date: q1?//----
Thomas D. Gould, Esquire
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: Isaylor@pjrlaw.com
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the Certificate
Prerequisite to Service of a subpoena pursuant to Rule 4009.22, upon the following person, in the
manner indicated:
FIRST CLASS MAIL
DATE:
ala(1
Thomas D. Gould, Esquire
2 East Main Street
•
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: PETER J. RUSSO, Esquire
PA Supreme Court ID: 72897
ELIZABETH J. SAYLOR, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: prusso@pjrlaw.com
Email: lsaylor@pjrlaw.com
Attorneys for Plaintiff
U
Tj?E PLO OF tC
'.!pY ^: X41
zDll SEP 15
CUM$E`RI, P? 2.43
PENNSYLVANIA COUNT"
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
NOTICE
To: Upper Allen Township Police Department
100 Gettysburg Pike
Mechanicsburg, PA 17055
You are required to complete the following Certificate of Compliance when producing
documents or things pursuant to the Subpoena.
CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR
r THINGS PURSUANT TO RULE 4009.23
1. .??nn. t et f. }
111??,? m,,,, A7t5t , of Upper Allen Township Poli
A? ce
Department, certify to the best of my knowledge, information and belief that all documents or
things required to be produced pursuant to the subpoena issued on
S, 3 i 1 I (date of subpoena) have been produced.
Date: rj 1» yc
Name: j e ,4 e f I
Title:
0
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: 1;717) 591-1755
Attorneys for Plaintiff
ED-OFFICE
C# PROTHONOTARY
2(112 jAN 20 AM 11:00
X11 pENNSYLVANiA 3Y
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO
RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Plaintiff certifies that
(1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty (20) days prior to the date on
which the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena, is attached to this
certificate as Exhibit "A",
(3) no objection to the subpoena has been received, and opposing counsel has waived the
twenty day notice requirement; a copy of the signed waiver is attached hereto as
Exhibit "B", and
(4) the subpoena which will be served is identical to the subpoena which is attached to
the notice of intent to serve the subpoena.
OF
Date:
Amy I P. No. 2897
<lizabeth J. or, Esquire
Attorney I.D. No. 200139
Attorneys for Defendant
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
J. RUSSO,
EXHIBIT "A"
LAW OFFICES. OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, : NO. 10420 CIVIL TERM
Defendant : IN CUSTODY
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND
THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
The Plaintiff, Catherine L. Butler, by and through her counsel, intends to serve a
subpoena identical to the one that is attached to this notice. You have twenty (20) days from the
date listed below in which to file of record and serve upon the undersigned an objection to the
subpoena. If no objection is made the subpoena may be served.
THE LAW FFICE F P ER J. R SSO, P.C.
Peter J. Russ,; W quire
Attorney I.D. No. 72897
Elizabeth J. Saylor, Esquire
Attorney I.D. No. 200139
Attorneys for Defendant
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Date: ??
EXHIBIT "B"
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant : IN CUSTODY
WAIVER
I hereby certify that I have on this day received a copy of the Subpoena to Produce Documents
for Discovery pursuant to Rule 4009.22, Certificate of Compliance and Certificate Prerequisite to
Service of a subpoena pursuant to Rule 4009.22 and hereby waive the twenty day (20) as I have
no objections to this subpoena.
Date: 111-6 (I2
'-/? 1). ?'?
Thomas D. Gould, Esquire
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Peter J. Russo, Esquire
PA Supreme Court ID: 72897
Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
5006 E. Trindle Road, Suite 100
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GLENN E. BUTLER, NO. 10-420 CIVIL TERM
Defendant IN CUSTODY
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the Certificate
Prerequisite to Service of a subpoena pursuant to Rule 4009.22, upon the following person, in the
manner indicated:
FIRST CLASS MAIL
Thomas D. Gould, Esquire
2 East Main Street
Shiremanstown, PA 17011
DATE: //
0
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-420
V. C-
GLENN E. BUTLER,
CIVIL ACTION -'-
Defendant : CUSTODY (So
..
70
?u.
ENTRY OF APPEARANCE
c
N
- 77
TO THE PROTHONOTARY OF SAID COURT:
PLEASE enter my appearance as attorney of record for the Plaintiff, Catherine L. Butler,
at the above-captioned docket.
COLGAN & ASSOCIATES, LLC
Dated: 31w 3 5-0/ Y
By: ??..
4eAtto S , Esq
# 200139
9
130 West Church Street
Suite 100
Dillsburg, PA 17019
Phone: (717) 502-5000
Fax: (717) 502-5050
1
0
CERTIFICATE OF SERVICE
On the day of, 2012, I certify that a copy of the foregoing
Motion was served upon the following attorney for the Commonwealth of Pennsylvania by
regular U.S. mail, first class, as follows:
Thomas D. Gould, Esquire
2 E. Main Street
Shiremanstown, PA 17011
Date: Respectfully submitted,
Elizabeth ay squire
COLGAN & ASSOCIATES, LLC
ID No.: 200139
130 W. Church St., Ste. 100
Dillsburg, PA 17019
Phone: (717) 502-5000
Fax: (717) 502-5050
CATHERINE L. BUTLER,
Plaintiff
~ s.
GLENN E. BUTLER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-420 CIV [L
ORDER
AND NOW, this 3" ~ day of November, 2012, the above-captioned case is
assigned to the Honorable J. Wesley Oler, Jr., Senior Judge.
BY THE COURT,
'~ The Honorable J. Wesley Oler, Jr.
~ Court Administrator
:rlm C,pP; ~S ~,~CCPSt' i n ~~ ,~~
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CATHERINE L. BUTLER iN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
GLENN E. BUTLER
No. 10-420 Civil Term
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J.
COURT ORDER
AND NOW, this l -~ day of November 2012, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
Mother's petition for contempt is hereby DISMISSED without prejudice by agreement of
the parties.
2. Leal custody: The Mother, Catherine Butler, and the Father, Glenn Butler, shall have
shared legal custody of Paul E. Butler, born 02/21/2006. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including, but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to, medical, dental, religious
or school records, the residence address of the Child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to
Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday from after
school/day care (Father picking Paul up from school/day care) until Tuesday
morning bringing Paul to school/day care. Father shall then have custody on
Friday, picking Paul up from school/day care until Monday morning,
dropping Paul off at school/day care, unless Monday is Father's holiday
under the attached schedule, and, if so, Father shall drop the Child off on
Tuesday morning at school/daycare.
b. In week two, Father shall have physical custody of Paul on Thursday,
picking Paul up from school/day care, until Friday morning, dropping Paul
off at school/day care in the morning.
c. If there is no school/day care, in the absence of agreement otherwise, the
parties shall meet at the Sheetz to exchange custody at 5 pm to begin
Father's custody and at 9 am to end his period of custody.
d. Father shall have additional periods of physical custody of the Child as the
parties may mutually agree.
3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
4. Counseling: The parties shall continue to engage Paul in counseling with Georgie
Anderson as recommended and necessary.
5. Holidays: In the absence of agreement, the parties shall adhere to the holiday schedule as
attached.
6. Parenting Coordinator: The parties have agreed to the proposed parenting coordinator
Order as attached.
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child
during the summer. The parents shall give 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have
the choice of vacation. Prior to departure, the parents shall provide each other with
information regarding the intended vacation destination and a telephone number at which
they can be reached during their vacation. The parties may expand this vacation time by
mutual. agreement, and if the other party's vacation time includes the other parent's
weekend period of custody, then the party that is not enjoying the vacation period with the
Child shall be provided makeup time in at least equal amount to the time lost due to the
vacation.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Child. Neither party shall engage
in discussions with Paul regarding custody litigation issues and shall not use Paul to relay
messages to one another.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon
as possible after the emergency is handled.
10. Both parties are willing to cooperate in the best interest of the Child. Both parties will
encourage attendance at family functions such as weddings, funerals and reunions, and
make up time shall be provided for any custodial periods lost in at least an equivalent
manner.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of anon-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337.
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12. The parties may m~i~1~s(~~e~ i "al agreement in writing. In the absence of
mutual consent, the~t~er~~s c~~ th~s~Ox~~,r~ h ~ll control.
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Distribution:
d Thomas Gould, Esq.
/ Timothy Colgan, Esq.
/ John J. Mangan, Esq.
l'''let,~ssa l',~~u~ . L~
n„ _ ~ o~ ,.. ~ hod ~t ~w~. ~ o iii.
HOLIDAYS AND
SPECIAL DAYS TIMES ~ EVEN
YEARS ODD
YEARS
Easter Day 1 S` Half From 9 am until 2 m Father Mother
Easter Day 2" Half From 2 m until 7 m Mother Father
Memorial Day From 9 am until ? pm Mother Father
Ind endence Day From 9 am until 7 m Father Mother
Labor Day From 9 am until ? m Mother Father
Halloween From one hour before trick or treating to one
hour after trick or treatin Father Mother
Thanksgiving 1 S` Half From 8 am Thanksgiving Day to 2 pm on
Thanks ivin Day Father Mother
Thanksgiving 2" half From 2 pm on Thanksgiving Day to noon
the day after Thanks ivin Day Mother Father
Christmas A From after day care 12/24 (or noon if no day
care) until 8 m 12/24 Mother Father
Christmas B From 8 m 12/24 to noon on 12/25 Father Mother
Christmas C From noon on 12/25 to noon on 12/26 Mother Father
New Year's From 6 pm 12/31 until noon January 1s1
(with the 12/31 year to control the even/odd
determination) Mother Father
Mother's Day From 9 am until ? m Mother Mother
Father's Day From 9 am until ? m Father Father
RPanlar Phvcin~l ~'netnrly Cnhna»lo
Monday Tuesday Wednesday Thursday Friday A Saturday Sunday
M D D M M M M D D D
D M M M M D D M M M
CATHERINE L. BUTLER
Plaintiff
v.
GLENN E. BUTLER
Defendant
Prior Judge: J. Wesley Oler., Jr., J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-420 Civil Term
ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1.915.3-8(B), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Name Date of Birth Currently in the Custod~f
Paul E. Butler 02/21/2006 Primary Mother
2. A Conciliation Conference was held on February 22, 2010, an Order issued March 30,
2010, an Order issued July 15, 2010, a conference was held September 27, 2011, an Order
issued October 18, 2011, a conference was held February 03, 2012 and a telephone
conference was held Apri124, 2012 with the following individuals participating:
The Mother, Catherine Butler, with her counsel, Elizabeth Saylor, Esq.
The Father, Glenn Butler, with his counsel, Thomas Gould, Esq.
3. The parties have agreed to the entry of an Order in form as attached.
--~
Date: / ~ ~ '' ~ / ~ ~ ~ -~ _
--
Jo J. angan, Esquire
C sto Conciliator ~~
CATHERINE L. BUTLER
Plaintiff
v.
GLENN E. BUTLER
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-420 Civil Term
ACTION IN CUSTODY
ORDER FOR PARENTING COORDINATION
AND NOW, this ~ day of November 2012, the Court finding that it is in the best
interest of the Child, Paul E. Butler, born 02/21/2006, that a Parenting Coordinator be appointed to
assist the parties in implementing the custodial arrangement set forth in the accompanying Order,
in resolving related parenting issues, an to teach the parties how to effectively and appropriately
co-parent, the following is Ordered:
1. Appointment and Term:
Melissa Peel Greevy is appointed as the Parties' Parenting Coordinator for a term of six
months, or until the resignation of the Parenting Coordinator or termination of the appointment by
the Court, whichever first occurs. The Parenting Coordinator's Terms of Engagement are attached
hereto and are incorporated into this Appointment Order. The Court shall have the authority to
sanction a party for non-compliance with the Parenting Coordinator's Terms of Engagement.
Legal counsel for Catherine Butler and Glenn Butler shall provide copies of all Orders,
Pleadings and Custody Evaluations in this case to the Parenting Coordinator within ten (10) days of
the date hereof
2. Role of the Parenting Coordinator:
A. Parenting Coordination involves two components:
1) The Parenting Coordinator shall attempt to resolve issues arising out of the
custody Order through facilitation, mediation, consultation, coaching and education, all of which
are non-decision-making functions;
2) If it is apparent to the Parenting Coordinator that continued similar efforts
are unlikely to resolve the issue(s), the Parenting Coordinator shall have the authority to resolve the
dispute by providing a Decision for the parties on the issue(s).
B. The Parenting Coordinator will not function as the psychotherapist, counselor,
attorney or advocate for the parties, or the parties' Child, or family. However, the Parenting
Coordinator is permitted and encouraged to facilitate communication and agreement between the
parties whenever possible, and shall always act in a manner that is conducive to the best interests of
the Child.
3. Parenting Coordinator's Authority:
The Parenting Coordinator, in order to implement the custodial arrangement set forth
in the Custody Parenting Plan/Order and resolve related parenting issues about which they do
not agree, is authorized to make decisions about issues that may include, but are not limited
to, the following:
A. Dates, times, places and conditions for transitions between
households;
B. Temporary variation from the schedule for a special event or
particular circumstance;
C. Minor adjustments to the physical custody schedule as set forth in the current
Custody Parenting Plan/Order;
D. School issues, apart from school selection;
E. Child's participation in recreation, enrichment, and extracurricular activities,
programs and travel;
F. Financial issues related to Child's activity fees or other expenses related to
custody and not covered by a support order.
G. Child-care arrangements;
H. Clothing, equipment, toys and personal possessions of the Child;
I. Behavioral management of the Child;
J. Information exchange (school, health, social, etc.) and communication with
or about the Child;
K. Coordination of existing or court-ordered services for either of the parties or
Child (e.g. Psychological testing, alcohol or drug monitoring/testing,
psychotherapy, anger management, parenting class, etc.);
L. Other related custody issues that the parties mutually agree, in writing, to submit
to their Parenting Coordinator.
4. EXCLUSIONS FROM PARENTING COORDINATOR'S AUTHORITY:
A. The following specific issues are excluded from the Parenting Coordinator's
decision-making authority, except as provided in subparagraph (B) herein below:
1) A change in legal custody decision-making authority set forth in the
Custody Parenting Plan/Order;
2) A change in primary physical custody (residential parenting time) set forth
in the Custody Parenting Plan/Order;
3) A change in the Court-ordered custody schedule (parenting time) that
substantiallyreduces or expands the Child's time with one or both parties;
4) A change in the geographic residence of the Child's (relocation) that
would render implementation of the current Custody Parenting Plan/Order impossible or
impracticable;
5) Determination of financial issues, other than allocation of the Parenting
Coordinator's fees.
B. The Parties and the Parenting Coordinator may mutually agree in writing to
submit any of the excluded issues to the Parenting Coordinator for a Decision.
5. NON-CONFIDENTIALITY OF COMMUNICATIONS:
No communications of the parties and/or their lawyers with the Parenting Coordinator are
confidential. The Parenting Coordinator may communicate in writing with the Court regarding
any matter, and shall send contemporaneous copies of any such communication to legal counsel
for the parties (or the parties, if pro-se).
6. SOURCES OF INFORMATION:
Each party shall provide the Parenting Coordinator with all information that the Parenting
Coordinator requests, including signed HIPAA releases and other forms requested. The
Parenting Coordinator is authorized to contact any professional or other individual as the
Parenting Coordinator deems necessary (e.g. the children, therapists, physicians, childcare
providers, teachers, family members, etc.).
7. COMMUNICATION WITH THE PARENTING COORDINATOR:
A. Protocol:
The Parenting Coordinator shall determine the protocol of all communications,
interviews, and sessions, including who shall or may attend the sessions (including the children),
and whether the sessions will be conducted in person or by other means. Where domestic
violence or abuse, as defined under 23 Pa. C.S. ~ 6102, is alleged, the protocols should include
measures addressing the safety of all participants, unless the Court deems the measures
unnecessary.
B. Oral and Written Communications with the Parenting Coordinator:
The parties and their attorneys shall have the right to receive, but not to initiate, oral ex-
parte (one-sided) communications from the Parenting Coordinator, but the fact of such
communication shall be known to the other party. Any party or legal counsel may communicate
in writing with the Parenting Coordinator provided a copy is sent to the other party
simultaneously. Any documents, tape recordings or other material which one party gives to the
Parenting Coordinator must also be made available to the other party or his/her legal counsel for
inspection and copying. In accordance with Paragraph 5 hereinabove, no such communications
are confidential.
C. Written Communications Between the Parenting Coordinator and Appointing
Judge:
(1) The Parenting Coordinator may initiate written communication with the Appointing
Judge, and shall contemporaneously send copies to the parties' and their attorneys.
(a) in the event ofnon-compliance of a party with any provision of this
Appointment Order (including provisions relating to the compensation of the Parenting
Coordinator); and/or
(b) detailing the Parenting Coordinator's reasons for withdrawing from service in
the case.
(c) Absent consent of the parties or an emergency affecting the Child's health
or welfare, any communication from the Parenting Coordinator to the Judge shall be in
writing, and shall be copied simultaneously to legal counsel for the parties (or the parties,
if prose). If the Parenting Coordinator has communicated orally with the Court on an
emergency basis the Parenting Coordinator promptly shall communicate in writing to
legal counsel for the parties (or the parties, if pro se) the substance of the oral
communication.
8. PARENTING COORDINATION DECISION-MAKING PROCESS:
A. Prior to the Parenting Coordinator making a Decision, the Parenting
Coordinator shall provide a notice and opportunity for each of the parties to be heard,
unless exigent circumstances render contact with both parties impracticable or
potentially dangerous to a party and/or the Child. In the event a party is given advance
written notice of a session but does not attend, the Parenting Coordinator may make a
Decision despite that party's absence.
B. Agreements:
1) Agreements reached by the parties shall be reduced to writing
and may be filed in the Prothonotary's Office at the parties' custody docket by the
Parenting Coordinator.
C. Decisions:
1) The Parenting Coordinator's Decisions may be communicated
to the parties orally, but must be confirmed to the parties in writing a soon as
practicable. When appropriate the Parenting Coordinator shall file a Decision with the
Prothonotary's Office at the parties' above-captioned custody docket. Written
Decisions shall include brief relevant factual findings and rationale.
2) The Parenting Coordinator's Decisions shall be binding upon
the parties
unless and until revised by Court Order.
9. JUDICIAL REVIEW:
A. Review of Decisions:
Any party seeking judicial review of a Parenting Coordinator's Decision must
file a Petition for de novo hearing within 20 days of the written Decision,
specifically stating -the issue(s) and attaching a copy of the Decision. The Petition must
be served on the other party(ies) and Parenting Coordinator in accordance with the
Rules of Civil Procedure. The hearing before the Court shall be de novo. The Court
shall hear the case on the record, and shall render a decision within the time periods
set forth in Rule 1915.4.
B. New Court Proceedings:
Prior to filing any new motion, petition or complaint with the Court
involving non- emergency custody or parenting of the Child within the scope of the
Parenting Coordinator's authority, the parties shall participate in no fewer than two
sessions with the Parenting Coordinator to attempt resolution of the specific disputed
issue(s) (and to permit a Decision to be made to the extent authorized by Paragraph 3
hereinabove).
C. The procedures set forth in this Section are mandatory, and may not
be waived by the parties.
10. QUASI-JUDICIAL IMMUNITY:
The Court-appointed Parenting Coordinator is an Officer of the Court has
quasi judicial immunity and as such the Parenting Coordinator cannot be sued
based on his/her actions performed within the scope of this Custody Appointment
Order.
11. CHILD ABUSE REPORTING:
The Parenting Coordinator is a person required to report suspected child
abuse pursuant to 23 Pa. C.S.A. §6311.
12. TESTIMONY:
The Parenting Coordinator cannot be compelled to testify in any
proceeding absent a Court Order. In the event the Parenting Coordinator elects or
is required to testify, he/she shall be compensated commensurate with his/her rate
by one or both of the parties as the Court deems appropriate.
13. ALLOCATION OF FEES:
The parties will share the obligation to pay the fees of the Parenting
Coordinator: Father shall pay fifty dollars ($50.00) per hour of the Parenting
Coordinator's time and Mother is obligated for the remaining balance per hour of
the Parenting Coordinator's time. Fees may be reallocated by the Court or the
Parenting Coordinator if he/she determines that one party has disproportionately
caused the need for the service. The Parenting Coordinator may, in his/her
discretion charge patties for missed sessions or sessions cancelled less than twenty-
four hours prior to the scheduled session.
14. TERMINATION/WITHDRAWAL OF PARENTING COORDINATOR:
A. Neither party may unilaterally terminate the Parenting Coordinator's
services without Court approval, nor may the parties do so by mutual agreement
without Court approval.
B. The Parenting Coordinator may withdraw from service at any
time, upon ten days' written notice to all counsel of record for the parties
(,or the parties, if pro se), and the Court.
C. Dissatisfaction with the Parenting Coordinator's Decisions is not
grounds for termination. The opposing party and Parenting Coordinator shall be
given notice of any petition for termination. The Court may rule on the petition(s)
submitted, or may schedule argument or an evidentiary hearing.
15. ACCEPTANCE:
A. The parties acknowledge that each has reviewed this Appointment
Order and had the opportunity to consult with legal counsel.
B. Each party shall fully cooperate with the Parenting Coordinator in
compliance with this Appointment Order.
16. This Appointment Order shall not be effective until accepted by the Parenting.
Coordinator as evidenced by his/her signature below:
I agree to my appointment as the Parenting Coordinator for the parties as set
forth above.
l-'t / ~
Date
The above Appointment for Parenting Coordination is entered as a Court Order.
SO ORDERED BY THE COURT:
I~ o~. ~ 3 ~ o tz !'~
Date ~(~ ~.~ ~ ~.~Judge
u~,~13~~~Q ~ ~~~s, J ~ .
Timothy Colgan, Esq.
Thomas Gould, Esq.
Melissa Greevy, Esq.
John J. Mangan, Esq.
JKeCrssa ~1'. ~reevy, 9. ~D.
2eCepfione: (717) 761-4540
~'a,~ (717) 761-3 01 S
PARENTING COORDINATION AGREEMENT
INTRODUCTION TO PARENTING COORDINATION
1. The goals of Parenting Coordination are: to reduce the conflict between the parents
thereby reducing stress on their child(ren), to offer the parents an opportunity to express
their concerns, to better understand one another's perspectives, and, if possible, to reach a
mutually acceptable child -focused agreements regarding matters implementing the
Custody Order.
2. The Parenting Coordinator assists the parties in their discussions to first see if they are
able to reach agreements through a mediation dialogue. If the parties are not able to
agree, and the topic is within the scope of the authority granted the Parenting Coordinator
to made a decision, then the Parenting Coordinator will submit a written decision as
provided in Paragraph 8 of the Order.
PARENTING COORDINATOR AGREEMENT
THIS AGREEMENT is made between the undersigned parties, and the Parenting
Coordinator, Melissa Peel Greevy.
The parties agree:
1. Full Disclosure:
In order for Parenting Coordination to be effective the parents must disclose all information
that may have a bearing an any of the issues to be addressed by the Parenting
Coordination process and the best interests of the child involved.
2. Confidentiality:
The Order of Appointment defines the limitations of confidentiality involved with the
Parenting Coordinator in Paragraph 5 and 7. Confidentiality is waived as to the parties'
respective counsel, the Court and any other collateral persons with whom the Parenting
Coordinator finds it necessary to be in .communication. As provided in Paragraph 6 of the
Order, the parents will sign the necessary releases and authorizations for the Parenting
Coordinator to obtain information deemed necessary.
NOV ) 3 2Ji2
3. Personal Counsel:
The parents are encouraged to consult with counsel early and during the process in order
to ascertain the Isgal parameters of their case. The parties will provide their attorney with
information concerning the case.
4. Scheduling Sessions:
Appointments or telephone contacts with the Parenting Coordinator maybe scheduled at
the request of either parent or the Parenting Coordinator. All parties agree to make a
good faith effort to be available when contacts are scheduled.
5. Missed Appointments and Notice of Cancellation:
Notice of cancellation of appointments must be given by the parties not less than one full
business day in advance of the appointment. Otherwise, full charge may be made for the
appointment not kept. If one party fails to attend a scheduled appointment, that person
shall be responsible for the full cost of the scheduled time.
6. Costs of Parenting Coordination:
The parenting coordinatorwill be compensated at the rate of $220 per hour for hours spent
in the conduct of sessions, caucus, planning, collateral contacts with allied professionals,
the court, parties' counsel, records review, preparation of Decisions, preparation for
sessions, reviewing and responding to smalls, and children's sessions. It is the policy to
have full payment for the each session at the appointment with the Parenting
Coordinator and prior to scheduling the next session. Each parent is also required to
make apre-paid fee deposit of $500 before the first meeting. The deposit will be used to
pay for the Parenting Coordinator`s work which does not occur during meetings with the
clients, such as preparing Decisions or contact with other professionals. Each parent will
receive a monthly itemized statemen# for the costs for services outside the Parenting
Coordination meetings which will be deducted from the pre-paid fees. When the accoun#
falls below $200, the pre-paid fees must be replenished. Nan payment may result in
suspension of services. Fee re-allocation may occur as provided in the Order. Your order
allocates the costs at % to Mother and % to Father at this time. The failure of a
parent to pay their portion of fees in full may be disclosed to the other parent, to counsel
and the Court. At the end of the Parenting Coordination process, any amounts remaining
after the final bill is paid shall be refunded to the parents.
if any attorney subpoenas the Parenting Coordinator, we will be solely responsible for all
charges associated with the time involved to prepare and testify, travel, parking and other
incidental costs, which charges shall be paid at feast one (1) week prior to the scheduled
court date. These charges may be subject to reallocation by the Court at the time of the
hearing. We understand that the Parenting Coordinator will not testify for either of us nor
will she have an opinion regarding custody. We further understand that a new Parenting
Coordinator may have to be appointed after the conclusion of the hearing at which the
Parenting Coordinator testifies.
If either of us challenge a decision of the Parenting Coordinator in court, and the court finds
that the challenge is without substantial basis, or not made in good faith, the party
challenging the decision shall be responsible for all costs, including reasonable counsel
fees incurred by the other party in connection with the court appearance.
7. Termination of Parent Coordinator:
Your Order provides that the term of appointment is for months, as long as you feel
it is Headed, my resignation or the Court's termination, which ever first occurs. You must
seek leave of Court to terminate the process before the month term is completed. if
I decide to withdraw from the process, you will be given at least ten (10) days written
notice, as provided in Paragraph 14 of your Order.
8. Scope of Services: '
The scope of services is defined in the Order of Appointment. The parties may elect to
submit additional topics to the Parenting Coordinator as they arise. The Parenting
Coordinator is not a therapist or counselor. The Parenting Coordinator does not give legal
advice, represent any clients in court, and does not prepare or file for legal documents for
the parties, beyond those recommendations as provided in the Order of Appointment.
In the event of circumstances where the parties have no agreement and the Parenting
Coordinator makes a Decision, the Parenting Coordinator shall seek information from each
party and any third party, who would be necessary and helpful to her in her role as decision
maker. Third parties may include but are not limited to the child{ren), teachers, medical
care providers, caregivers or attorneys. Additionally, the Parenting Coordinator may review
any relevant documents that, in her opinion, would be helpful to the decision-making
process. We agree to sign any necessary authorizations for the release of requested
information.
This contract cannot cover all the particulars that may arise in every situation. The parties
agree that the Parenting Coordinator may need to establish new rules and guidelines to fit
each unique relationship. The fundamental principles governing all rules and guidelines
are (1) conflict for the parties will be minimized and (2) decisions will be made in the best
interests of the children}. if any disagreement arises that is not covered by this contractor
the Court Order appointing the Parenting Coordinator, we will initially meet with the
Parenting Coordinator to resolve our difference. if the disagreement cannot be resolved in
that matter, we shall seek the assistance of the Court as per the outline for grievances.
1N WITNESS THEREOF, the Agreement is signed by the parties and Melissa P. Greevy
this day of , 2012.
Father Mother
Parenting Coordinator
:362581
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 10-420
M co c —1
err
GLENN E. BUTLER, CIVIL ACTION - LAW
Defendant/Petitioner r-
o
IN CUSTODY
b
PETITION/COMPLAINT TO MODIFY CUSTODY ORDER
-a:
1. Petitioner is Glenn E. Butler (hereinafter, "Father"), an adult individual residing at
948 Eppley Road, Mechanicsburg, PA 17055.
2. Respondent is Catherine L. Butler (hereinafter, "Mother"), an adult individual
residing at .308 E. Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania
17055-5183.
3. The parties are the natural parents of the following minor child: Paul E. Butler,
born February 21, 2006 (hereinafter, "the child").
4. The child was not born out of wedlock.
5. The child is presently in the custody of Respondent Mother for eighteen (18)
overnights in a twenty-eight (28) day period. , Mother resides at 308 E. Meadow Drive,
Mechanicsburg, Pennsylvania 17055.. Conversely, the child resides with Petitioner
Father for ten (10) overnights during a twenty-eight (28) day period. Father resides at
948 Eppley Drive, Mechanicsburg, Pennsylvania 17055. See, Order of Court, dated
�01111 err�aw.Pc November 13, 2012, appended to this Petition.
5020 Ritter Road
Mechanicsburg,A 17055 6. The mother of the child is Respondent Catherine L. Butler. She is single:
PrioNE: 717.766.4008
Fnx: 717.766.4066
7. The father of the child is Petitioner Glenn E. Butler, who resides at 948 Eppley
Drive, Mechanicsburg, Pennsylvania 17055. He is married.
ai t
8. The relationship of the Petitioner to the child is that of father. The Petitioner
currently resides with the following persons:
Name Relationship
Tracy Butler Spouse
Alycia Step-Daughter
9. The relationship of the Respondent to the child is that of mother. The
Respondent currently resides with the following persons:
Name Relationship
No one other than herself
10. Petitioner has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court, except as set
forth in the attached Order.
11. Petitioner has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth or any other state.
12. Petitioner does not know of a person not a party to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect to
the child.
13. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
14. The best interest and permanent welfare of the child will be served by granting
the relief requested because:
Qo,,,re,k"'.Pc a) Petitioner is seeking two additional overnights in a two-week period so
5020 Ritter Road
Mechar suite burg,PA 17055 that his periods of custody with Paul will coincide with the dates when his step-daughter,
PaoNE: 717.766.4008
Fm: 717.766.4066
Alycia, will be with her mother and Petitioner. This will complement a traditional family
consistency for the children.
b) Petitioner has serious concerns that the child still sleeps with his mother
and takes baths with her. This is inappropriate for a seven year old child.
C) Respondent Mother refuses to share holidays that are not specified in the
current Order, including Presidents' Day, Martin Luther King Day, and Columbus Day.
d) Mother has difficulty managing the child, as reflected in the way she is
treated by him; not maintaining an adequate hygiene regimen for the child; the reduced
amount of sleep the child receives when in her custody; and permitting him to be around
second-hand smoke.
e) the emotional, physical and/or spiritual development of the child will be
enhanced by granting additional overnights as requested by Father..
WHEREFORE, Plaintiff requests that the Court grant to him the relief identified above.
Respectfully submitted,
wgt
John M. Kerr, Esquire
Attorney I.D. #26414
John Kerr Law, P.C.
5020 Ritter Road, Suite 104
Mechanicsburg, Pennsylvania 17055
(717) 766-4008
Attorney for Petitioner, Glenn E. Butler
�0hnrerrjaw.PC Dated: April 29, 2013
5020 Ritter Road -
Suite 104
Mechanicsburg,PA 17055.
PHOrp: 717.766.4008
FAx: 717.766.4066
VERIFICATION
The undersigned, Glenn E. Butler, hereby states that he is the Petitioner in the foregoing
custody modification action and, as such, is authorized to execute this Verification, and that any factual
statement contained in the preceding Petition/Complaint is true and correct to the best of his
knowledge, information and belief. He understands that false statements are subject to the penalties
prescribed at 18 Pa.C.S.§4904. relating to unsworn falsification made to authorities.
Glenn E. Butler
'i
CATHERINE.L. BUTLER IN THE; COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
No. 10-420 Civil 'Germ
GLENN E. BUTLER '
Defendant : ACT.ION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J. COURT ORDER
AND NOW, this r;�. I clay of November 2012, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Mother's petition for contempt is hereby DISMISSED without prejudice by agreement of
the parties.
2. Legal custody: The Mother, Catherine Butler, and the Father, Glenn Butler, shall have
shared legal custody of Paul E. Butler,born 02/21/2006. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's.general well=heing
including,but not limited to, all decisions regarding his health, educaton and religion.
Pursuant to the terms of 23 Pa.C.S. 5 X09, each parent shall be entitled
1 to all dentalrecords eligious
information pertaining to the Child including,but not lnnited to,
or school records, the residence address of the Child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
;. Physi cal Customs: Mother shall have primary physical custody of the Child subject to
Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday from after
school/day care (Father picking Paul up from school/day care) until "Tuesday
morning bringing Paul to school/day care. Father shall then have n
e custody o
Friday,picking Paul up from spool/clay care until Monday morning,
dropping Paul off at school/day care, unless Monday is Father's holiday
under the attached schedule, and, if so, Father shall drop the Child off on
Tuesday morning at school/daycare.
b. In week two, Father shall have physical custody of Paul on Thursday,
picking Pahl up from school/day care, until Friday morning, dropping Paul
off at school/day care in the morning.
c, If there is no school/day care, in the absence of agreement otherwise, the
parties shall meet at the Sheetz to exchange custody at _5 pm to'begin
Father's custody and at 9 am to end his period of custody.
e additional periods of physical custody of the Child as the
d. Father shall hav
pasties may mutually agree.
;. The non-custodial parent shall have liberal telephone contact with the C llild on a reasonable
basis.
4. Counseling: The partics shall continue to engage Paul in counseling with Georgic
Anderson as recon-iin ended and necessary.
5. Holidays: In the absence of agreement, the parties shall adhere to the holiday schedule as
attached.
6. Parenting Coordinator: The parties have agreed to the proposed parenting coordinator
Order as attached.
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child
during the summer. The parents shall give 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have
the choice of vacation. Prior to departure, the parents shall provide each other with
information regarding the intended vacation destination and a telephone number at which
they can be reached during their vacation. The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes the other parent's
weekend period of custody, then the party that is not ng e 'oyi the vacation period with the
enjoying
Child shall be provided makeup tirric in at least equal amount to the time lost due to the
vacation.
8. Neither party may say or do anything anything t, nor permit a third party to do or say that
C)
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the frec and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Child. Neither party shall engage
z:1
in discussions with Paul regarding custody litigation issues and shall ]lot Use Paul to relay
z:1
inessa(yes to one another.
9. In the event of a incdical emergency, the custodial party shall notify the other party as soon
as possible after the emergency is handled.
10. Both parties are willing to cooperate in the best interest of the Child. Both parties will
encourage attendance at gamily functions such as weddings, funerals and reunions, and
make up time shall be provided for any custodial periods lost in at least an equivalent
manner.
11, Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
ID
child/children consents to the proposed relocation or (b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§53)37.
12. The parties.may modify tb
,is 01-�Ar by ri Litvil agi-,pernent in writing. In the absence of
s
mutual consent, the terms` 'f' (li��tl'oioliw`rol.
COPY FR�o�,q F�p CO F,c J BY '
-HE COURT,
the seal Of said Court at Carlisle, Pa.
a set illy hand
This
clay of 20_La
Prothopotary
Distribution:
Thomas Gould, Esq.
Timothy Colgan, Esq.
John J. Mangan, Esq. _
-- ---EVEN — ODD
I.10LIDAYS AN])— I'IV1ES
_ _YI?AI2_S ____YEARS _
SPECIAL DAYS_ — Father _ Mother
Laster Day I`Half 9 am until 2 pm Mother Father
Easter Day 2"�IIa1f— From 2 pnl until 7 pill —
Mother __ Father
Memorial Day _ -- From 9 am until'/pm —__ ---- Father _ Mother;
Independence Day From 9 am until 7 pm --- Mother -
Labor Day Mothcr
Halloween From one hour before trick or treating to one F:+ther
hour after trick or treating Mother
Thanksgiving 1"Half From 8 am Thanksgiving Day to 2 pm on Father — —
Thanksgiving Day -- Father
Thanks�(livin—a 2"`t half From 2 pm on Thanksgiving Day to noon Mother the day after Thanksgiving Day
--day — F 11}1er
— st — From after day care 12/24 (or noon if no Mothcr
Christmas A
_ care) until 8 pm 12/24 --�— Mother
From 8 m 12/24 to noon on 12/25 Father—_—
Christmas I3 p — — Father
Christmas C_ From noon on 12/25 to noon on 12/26 — Mother Fattier
New Year's From 6 pm 12/31 until noon January ls`
Mother
(with the 12/31 year to control the even/odd
---- determination) ---- Mother Mother —
Mother's_Day _— — From 9 am until 7 pm ----1-Father Father Father's Day _—_-- From 9 am until 7 ------- ---
_Reguh Physical Custody Schedule
_ Saturda _ Sunday
Monday Tuesday i Wednesdaymrsday— iclay D D Y D ----
N1—_�D D__ T—_7 M--— M_�D D NI— M —M-------
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS
Plaintiff' CUMBI?RL,AND COUNTY, PENNSYLVANIA
V.
: No. 10-420 Civil '1'erm
GLENN E. BUTLER
Defendant : ACTION :IN CUSTODY
Prior Judge: J. Wesley Oler., Jr., J.
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
signed Custody Conciliator submits the following report:
PROCEDURE 1915.3-8(B), the under
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
hLarqe Date of Birth ---}'----
Paul E. Butler 02/21/2000 Primary Mother
2. A Conciliation Conference was held on February 22, 2010, an Order issued 0 rch Order
2010, an Order issued July 15, 2010, a conference was held September 27,
issued October 18, 2011, a conference was held February 03, 2012 and a telephone
conference was held April 24, 2012 with the following individuals participating:
The Mother, Catherine Butler, with her counsel, Elizabeth Saylor, Esq.
The Father, Glenn Butler, with his counsel, Thomas Gould, Esq.
3. The parties have agreed to the entry of an Order in forni as attached.
Date: ! --�f=--. /-- !-.'._=---
Jolifi J. Mari an, Esquire
Custody Conciliator
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2010-420 CIVIL ACTION LAW
-c;3 w -~+
rn I = _rrI
GLENN E.BUTLER =--0 -tee -V -
t,,
IN CUSTODY vs'"
DEFENDANT r"C. N
C7,
ORDER OF COURT
AND NOW, Wednesday,May 01,2013 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. , the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,June 07,2013 10:30 AM
for a:Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ohn J. Mangan, jr., Esq.
Custody Conciliator fr
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.
to @g Q.��ee-To • Cumberland County Bar Association
1 r ` 32 South Bedford Street
• PL.I F 1 ,, — Carlisle, Pennsylvania 17013
John 1 err r l.�i Telephone (717) 249-3166
. Sohn M oano, a'�
05- 0 �3
C�
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS r.,
Plaintiff CUMBERLAND COUNTY, PEILISUVANIA
cxs
No. 10-420 Civil Term
Co
GLENN E. BUTLER 0 °7'
v =
Defendant : ACTION IN CUSTODY - ?r=
Prior Judge: J. Wesley Oler, Jr., Sr. J. '
COURT ORDER
AND NOW, this 2,0 day of June 2013, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the 1&'tA day of S , 2013 at
1:00 m n Courtroom number .3 in the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in
regard to the physical custody for the subject Child. For purposes of this hearing,
the Mother shall be deemed to be the moving party and shall proceed initially
with testimony. Counsel for each party shall file with the Court and opposing
counsel a Memorandum setting forth each party's position on custody, a list of
witnesses who will be expected to testify at the hearing and a summary of the
anticipated testimony of each witness. These Memoranda shall be filed at least
five days prior to the hearing date.
2. Legal custody: The Mother, Catherine Butler, and the Father, Glenn Butler, shall
have shared legal custody of Paul E. Butler,born 02/21/2006. The parties shall
have an equal right to make all major non-emergency decisions affecting the
Child's general well-being including,but not limited to, all decisions regarding
his health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the Child
including,but not limited to,medical, dental,religious or school records, the
residence address of the Child and of the other parent. To the extent one parent
has possession of any such records or information, that parent shall be required to
share the same, or copies thereof, with the other parent within such reasonable
time as to make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child
subject to Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday
from after school/day care (Father picking Paul up from school/day
care) until Tuesday morning bringing Paul to school/day care.
Father shall then have custody on Friday,picking Paul up from
school/day care until Monday morning, dropping Paul off at
school/day care, unless Monday is Father's holiday under the
attached schedule, and, if so, Father shall drop the Child off on
Tuesday morning at school/daycare.
b. In week two, Father shall have physical custody of Paul on
Thursday;picking Paul up from school/day care,until Friday
morning, dropping Paul off at school/day care in the morning.
C. If there is no school/day care, in the absence of agreement
otherwise, the parties shall meet at the Sheetz to exchange custody
at 5 pm to begin Father's custody and at 9 am to end his period of
custody. .
d. Father shall have additional periods of physical custody of the
Child as.the parties may mutually agree.
4. The non-custodial parent shall have liberal telephone contact with the Child on a
reasonable basis.
5. Counseling: The parties shall continue to engage Paul in counseling with Georgie
Anderson, or any other qualified individual, as recommended and necessary.
6. Holidays: In the absence of agreement,the parties shall adhere to the holiday
schedule as attached.
7. Parenting Coordinator: The Order dated November 06, 2012 is hereby
VACATED.
8. Vacation: Each parent shall have two non-consecutive weeks of vacation with the
Child during the summer. The parents shall give 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical
custody schedule. In the event the parties schedule conflicting vacations, the
party first providing written notice shall have the choice of vacation. Prior to
departure, the parents shall provide each other with information regarding the
intended vacation destination and a telephone number at which they can be
reached during their vacation. The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes the other
parent's weekend period of custody,then the party that is not enjoying the
vacation period with the Child shall be provided makeup time in at least equal
amount to the time lost due to the vacation.
9. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Child from the other party, or injure the opinion of
the Child as to the other party, or may hamper the free and natural development of
the Child's love or affection for the other party. To the extent possible, both
parties shall not allow third parties to disparage the other parent in the presence of
the Child. Neither party shall engage in discussions with Paul regarding custody
litigation issues and shall not use Paul to relay messages to one another.
10. In the event of a medical emergency, the custodial party shall notify the other
party as soon as possible after the emergency is handled.
11. Both parties are willing to cooperate in the best interest of the Child. Both parties
will encourage attendance at family functions such as weddings, funerals and
reunions, and make up time shall be provided for any custodial periods lost in at
least an equivalent manner.
12. Relocation. The parties are advised that neither party shall hereafter relocate the
child or children if such relocation will significantly impair the ability of a non-
relocating party to exercise his or her custodial rights unless (a) every person who
has custodial rights to the child/children consents to the proposed relocation or(b)
the court approves the proposed relocation. The party seeking relocation must
follow the procedures required by 23 Pa.C.S. §5337.
13. The parties may modify this Order by mutual agreement in writing. In the
absence of mutual consent, the terms of this Order shall control.
BY THE COURT,
Sr. J.
P Di tribution:
o Kerr, Esq.
>xistopher Smull, Esq.
>61�n J. Mangan, Esq.
CO
�r
i._•-
) M } JVI �y i
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day 1St Half From 9 am until 2 pm Father Mother
Easter Day 2n Half From 2 pm until 7 pm Mother Father
Memorial Day From 9 am until 7 pm Mother Father
Independence Day From 9 am until 7 pm Father Mother
Labor Day From 9 am until 7 pm Mother Father
Halloween From one hour before trick or Father Mother.
treating to one hour after trick or
treating
Thanksgiving 1St From 8 am Thanksgiving Day to 2 Father Mother
Half m on Thanksgiving Day
Thanksgiving 2 nd From 2 pm on Thanksgiving Day to Mother Father
half noon the day after Thanksgiving Day
Christmas A From after day care 12/24 (or noon if Mother Father
no day care) until 8 pm 12/24
Christmas B From 8 pm 12/24 to noon on 12/25 Father Mother
Christmas C From noon on 12/25 to noon on Mother Father
12/26
New Year's From 6.pm 12/31 until noon January Mother Father`
1 st (with the 12/31 year to control the
even/odd determination)
Mother's Day From 9 am until ?pm Mother Mother
Father's Day From 9 am until 7 pm Father Father
Regular Physical Custod y Schedule
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M D D IM M M M D D D
D IM M M M ID D M M M
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 10-420 Civil Term
GLENN E. BUTLER
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler., Jr., Sr.J.
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 child who is the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody o
Paul E. Butler 02/21/2006 Primary Mother
2. A Conciliation Conference was held on February 22, 2010, an Order issued
March 30, 2010, an Order issued July 15, 2010, a conference was held September
27, 2011, an Order issued October 18, 2011, a conference,was held February 03,
2012, a telephone conference was held April 24, 2012, an Order issued November
13, 2012 and a conference was held June 07, 2013 with the following individuals
participating:
The Mother, Catherine Butler, with her counsel, Kristopher Smull, Esq.
The Father, Glenn Butler, with his counsel, John Kerr, Esq.
3. The parents' position on custody is as follows: The parents have a highly
contentious relationship with each other. A couple of custody evaluations have
been performed already. Father would like more time with Paul and is requesting
an additional four overnights in a four week period; this would be a shared
custody arrangement. Father is requesting this so that Paul's custodial schedule
would mirror another child's custodial period in his household. Father reports
that he has an excellent relationship with his son and is very involved in his son's
activities. Father would like to have court ordered a right of first refusal as well.
Father does not agree with a need for an updated custody evaluation and will not
participate in further evaluation. Mother on the other hand, does not agree to a
Shared situation and in fact, requests that Father's custodial time with Paul be
reduced. Mother has concerns about dinner and bed times when Paul is in
Father's custody. Mother would like an updated custody evaluation prior to the
scheduled hearing.
4. The Conciliator recommends an Order in the form as attached scheduling a
-Hearing and entering an Order of Court regarding custody as outlined. It is the
Conciliator's belief that this would be in the Child's best interest. It is expected
that the Hearing will require one half day.
5. The proposed recommended Order may contain a requirement that the parties file
a pre-trial memorandum with the Judge to whom the matter has been assigned.
Date:
John . ;thi gan,, squire
Custo y cili ator
CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GLENN E. BUTLER,
DEFENDANT NO. 10-420 CIVIL
IN RE: CONTINUANCE OF CUSTODY HEARING
ORDER OF COURT
AND NOW, this 18th day of July, 2013, it appearing that more testimony is
needed in the above captioned matter, the hearing started on July 16, 2013, will
continue to Thursday, September 26, 2013, at 9:00 a.m. in Courtroom No. 4 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court, a""J esley Oler ., S. J.
✓Kristopher Smull, Esquire
Attorney for Mother
/John Kerr, Esquire
Attorney for Father
bas
�� 1J i i
w CD
CATHERINE BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS CIVIL ACTION - LAW
GLENN BUTLER, N0. 10-420 CIVIL TERM C/)i
Defendant IN CUSTODY r". N
IN RE: DEFENDANT ' S PETITION/COMPLAINT TO MODIFY CUSTOM-ORR
ORDER OF COURT -�
AND NOW,. this 23rd day of July, 2013, upon
consideration of Defendant ' s Petition/Complaint To Modify Custody
Order filed April 29, 2013, and following a hearing held on this
date which has not yet been completed, the record shall remain open
and counsel are requested to contact the Court ' s secretary for
purposes of scheduling an additional day of hearing. It is noted
that at the time of adjournment on today' s date Plaintiff had
presented the testimony of Dr. Arnold T . Shienvold and Defendant
had presented his first witness in his case-in-chief, namely
himself. It is noted further that Plaintiff 's Exhibits 1, 2, 3,
and 4 had been identified and admitted, and that Defendant ' s
Exhibit 1 had been identified and admitted. No other exhibits had
been identified or admitted.
It is noted, finally, that neither counsel has
requested that the notes of testimony from today' s proceeding be
transcribed and filed.
By the Court,
J Wes ey 0 J S. J.
�ristopher Smull, Esquire
For Plaintiff
John Kerr, Esquire
For Defendant
:mlc
Q
CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
r+
NO. 10-420 CIVIL TERM cz
--aa
v. M CD
IN CUSTODY �� - r-
cn r-- r `
GLENN E. BUTLER, fig, Cam' '
Defendant/Petitioner JUDGE OLER ;` " C
*C7 O`
vim ,.'
y
3
DEFENDANT/PETITIONER'S MOTION FOR CONTINUANCE OF CUSTODY TRIAL °`
AND NOW, comes Glenn E. Butler(hereinafter, "Father"), Defendant/Petitioner above
captioned, by his counsel,John M. Kerr, Esquire and John Kerr Law, P.C., and files the within
Motion,the nature of which is as follows:
1. A custody trial was held on the afternoon of July 16, 2013 before the Honorable J.
Wesley Oler,Jr.,Judge of the Court of Common Pleas.
2. At the custody trial,testimony was adduced from Dr.Arnold Shienvold and the
Defendant/Petitioner,Glenn E. Butler.
3. The continuation of the custody trial has been scheduled for Thursday,September 26,
2013, beginning at 9:00 a.m.
4. Normally, counsel will be contacted prior to scheduling a date.This did not occur in this
case.
5. Undersigned counsel is on the faculty at York College in the Department of History and
Political Science,teaching classes on Tuesday and Thursday mornings. Had counsel been
hn � PC
contacted, he would have requested a Tuesday or Thursday afternoon or Monday,Wednesday
�o �erraw,
5020 Ritter Road
Suite 104 or Friday.
Mechanicsburg,PA 17055
P1+oNE: 717.766.4008
Fnx: 717.766.4066
6. Undersigned counsel is willing to cancel classes on September 26, but would prefer not
to do so. It is for this reason initially that a continuance is requested.
INCIDENT OCCURRING ON AUGUST 30, 2013
7. On the evening of August 30, 2013, Father and his current spouse,Tracy Lynne Butler,
were involved in a verbal argument and incident.
8. The child involved in the present proceeding, Paul Butler,was not present.
9. Eventually, Father was arrested for simple assault and harassment.
10. Tracy Butler sought a Protection From Abuse Order,which has been docketed at No. 13-
5211 Civil, in the Court of Common Pleas for Cumberland County, Pennsylvania.
11. A Preliminary Hearing on the criminal charges has been scheduled for October 15, 2013
before District Justice Mark Martin.
12. At the Hearing on whether a Protection From Abuse Order is warranted,Judge Thomas
Placey agreed to a general continuance until January 2, 2014, inasmuch as the underlying
criminal charges are pending and undersigned counsel did not wish to expose Father to
testifying until that proceeding is resolved.
IMPACT ON CUSTODY TRIAL
13. Undersigned counsel contacted Mother's attorney, Kristopher T. Smull, Esq.,to
determine if he would concur in a continuance as a result of the conflict with undersigned
counsel's responsibilities at York College.
14. Mother and her counsel have taken the position that they will not agree to any
continuance, but will agree to cancel the Hearing if Father agrees to their terms, i.e., agreeing to
a stipulation significantly reducing Father's periods of shared custody with his son.
Yl,o n<<,,_4aw Pc 15. They have also indicated that they plan to make this incident an issue at the custody
5020 Ritter Road
Suite 104
McChanicsburg,PA 17055
PHONE: 717.766.4008 trial on September 26, 2013.
FAx: 717.766.4066
16. The incident between Glenn and Tracy Butler should have no impact on the instant
custody determination,as Paul Butler was not present, and is not generally aware of it.
17. Father has moved to an apartment at 25 Mallard Court, Mechanicsburg, Pennsylvania
17055. It is a two bedroom apartment and equipped for his son's overnight stays.
18. Father is the moving party in this proceeding and the one who requested the present
hearing.
19. Should Mother raise this issue, Father would need to testify again,which presents
difficulties given the underlying criminal action.
20. If a continuance is not granted, Father will be seeking to preclude any testimony as to
the incident which occurred on August 30, 2013.
WHEREFORE, it is requested that a continuance be granted to, a)accommodate
undersigned counsel's schedule on Tuesday and Thursday mornings;and b)to await the
resolution of the underlying criminal matter.
Respectfully yours,
Jftc M. Kerr, Esquire
A rney 1.D.#26414
John Kerr Law, P.C.
5020 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717) 766-4008
Dated: September 18, 2013
Y ohn rerrzaw.PC
5020 Ritter Road
Suite 104
McChaniCSbUrg,PA 17055
PRor e: 717.766.4008
FAx: 717.766.4066
CERTIFICATE OF SERVICE
This is to certify that the undersigned has served the foregoing, "Defendant/Petitioner's
Motion For Continuance of Custody Trial," on the below-named individual in the manner
indicated:
VIA FASCIMILE AND REGULAR MAIL
Kristopher T. Smull, Esquire
Colgan &Associates
130 West Church Street
Suite 100
Dillsburg, PA 17019
Jo M. Kerr, Esquire
50 0 Ritter Road
Suite 104
Mechanicsburg, PA 17055
(717) 766-4008
Dated:September 19, 2013
�ohnerr�a�.PC
5020 Ritter Road
Sulte 104
Mechanicsburg,PA 17055
PwoNF: 717.766.4008
FAx: 717.766.4066
F!LF0-GF F I P..
Ttt P a f.10tddAr,`r
2 3 SEP 19 Pry 3, , I
CATHERINE L. BUTLERCUMBERLAND C 0 U`IN"�HE COURT OF COMMON PLEAS
PENNSYLVANIA
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. 10-420 Civil Term
GLENN E. BUTLER
Defendant ACTION IN CUSTODY
PLAINTIFF/RESPONDENT'S ANSWER TO DEFENDANT/PETITIONER'S
MOTION FOR CONTINUANCE OF CUSTODY TRIAL
AND NOW, comes Plaintiff/Respondent, Catherine Butler (hereinafter "Mother"), by and
through her counsel, Kristopher T. Smull, Esquire, and files the within Answer to Father's Motion
for Continuance, of which the following is a statement:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Mother is without knowledge or information sufficient to form a belief
as to the truth of this averment and, therefore, such allegation is deemed to be denied and strict
proof thereof is demanded. By way of further answer, the hearing has been scheduled since July
18, 2013 and Father's counsel has been aware of the date since that time.
5. Denied. Mother is without knowledge or information sufficient to form a belief
as to the truth of this averment and, therefore, such allegation is deemed to be denied and strict
proof thereof is demanded. By way of further answer, as stated above, the hearing has been
scheduled since July 18, 2013 and Father's counsel has been aware of the date since that time.
6. No answer is required as Mother cannot admit or deny matters of Father's
counsel's state of mind. However, to the extent this averment contains allegations of fact, it is
denied.
7. Admitted; however, by way of clarification there was also a physical altercation
that led to the arrest of Father.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted; however, by way of further answer, Father's wife was granted a
temporary Protection from Abuse Order which remains in place. Father's wife was not
prejudiced by the continuance of the action.
13. Admitted.
14. Admitted; however, by way of further answer, Mother and her counsel made it
clear that, given the incident and the radical change to the status quo, they believed it was in the
child's best interest to change the custody schedule given the great upheaval and impact it would
have on the child.
15. Admitted. By way of further answer the incident between Father and his wife is
highly relevant to the custody proceeding given the impact it will have on the child's life and the
change to the status quo. At the time of the initial hearing Father testified as to how the
existence of his home, wife and step-daughter were reasons for expanded custodial time. Father
now lives alone in a 2 bedroom apartment and has criminal charges pending. This is clearly
relevant to the custody proceeding.
16. Denied. As stated above, the incident has a significant impact on the custody
proceeding and, while the child may not know the details of the incident between Father and his
wife, he is clearly aware that they have separated and that they are no longer going to be married.
17. Admitted and denied. It is admitted that Father has moved to an apartment at the
stated address. It is denied that the apartment is equipped for the child to stay overnight as
Mother has not yet been to the apartment or had a chance to confirm that it is suitably equipped.
18. Admitted; however, by way of further answer, the proceeding is underway and
important new facts have emerged that need to be addressed by the Court. In addition, Mother
would have filed a petition for special relief based on Father's actions had the current hearing not
been scheduled.
19. Denied. Father can testify regarding the changed circumstances and the effect of
the child without testifying as to the detail of the incident that would be part of the pending
criminal charges.
20. No answer is required under the Pennsylvania Rules of Civil Procedure; however,
by way of further answer, Father's testimony should not be precluded from the hearing as it has a
significant impact on the best interest of the child. Whether Father chooses to refrain from
testifying as to the actual details of the incident due to the pending criminal charges is his choice.
WHEREFORE, Mother respectfully requests that Father's requested relief be denied and
that the hearing on September 26, 2013 continue as scheduled.
Respectfully Submitted,
COL & SOC ATES, LLC
By:
K 'stop er T.'-grAUWNuire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
Dated:
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
V. 10-420 Civil Term
GLENN E. BUTLER
Defendant ACTION IN CUSTODY
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Esquire, hereby certify that I am this day serving a copy of
Plaintiff/Respondent's Answer to Defendant/Petitioner's Motion for Continuance of Custody
Trial, upon the person(s) and in the manner indicated below, which services satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, mailing the same to:
John M. Kerr, Esquire
5020 Ritter Road, Suite 104
Mechanicsburg, PA 17055
Date:
By: 4,1
Kri topher T. Smull, Esquire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
CATHERINE L. BUTLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—LAW
GLENN E. BUTLER, •
Defendant : NO. 10-420 CIVIL TERM
DEFENDANT/PETITIONER'S MOTION FOR
CONTINUANCE OF CUSTODY TRIAL
ORDER OF COURT
AND NOW, this 25th day of September, 2013, upon consideration of Defendant/
Petitioner's Motion for Continuance of Custody Trial, and due to the inability of the
Court to reschedule this matter until December due to the Court's schedule except for a
time on September 26, 2013, and Plaintiffs counsel being unable to accommodate a
change in the hearing date to September 26, 2013, the motion is denied.
BY THE COURT,
!
0,e1( ,
/Jz Wesley er, Jr., S.J.
Esq.
/to her T. Smull, Es
P q
130 West Church Street
Suite 100
Dillsburg, PA 17019
Attorney for Plaintiff
l'ohn M. Kerr, Esq. h,
5020 Ritter Road 4-
Suite 104 rn .)
Mechanicsburg, PA 17055 z : .
Attorney for Defendant --<3> BCD
co ,.L _ _ -
g/a Sit 2
CATHERINE BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION
GLENN BUTLER,
Defendant NO. 10-420 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of September, 2013 , upon
consideration of Defendant ' s Petition/Complaint To Modify Custody
Order, and the Petition/Complaint having been withdrawn in open
court by Defendant ' s counsel, the Court will not hear further
evidence in this matter pursuant to an agreement of counsel .
Pursuant to a further agreement of counsel, on any
Petition for Special Relief or Petition to Modify Custody filed
hereafter by Plaintiff, the evidentiary record from the hearing in
this matter held on July 23 , 2013 , and today, shall be incorporated
into the record.
By the Court,
I /J)t-:" 1"�2 A,, -
J Wesley 0 %S .J.
Kristopher T. Smull, Esquire
For the Plaintiff Z3
John M. Kerr, Esquire
For the Defendant C`'
CrN
:vae 'cam'
ci°,
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAT
Plaintiff : CUMBERLAND COUNTY, PENNS AM'A
V. : 10-420 Civil Term cn
GLENN E. BUTLER -0>c)ri
Defendant : ACTION IN CUSTODY
: Judge: J. Wesley Oler, Jr. -<
PETITION FOR MODIFICATION OF CUSTODY
AND NOW, comes Plaintiff, Catherine L. Butler, by and through her attorney,
Kristopher T. Smull, of Colgan & Associates, LLC, and files the instant Petition for Modification
of Custody, and in support thereof, avers as follows:
1. The Petitioner is Catherine L. Butler (hereinafter "Mother"), who currently
resides at 308 E. Meadow Drive, Mechanicsburg, Pennsylvania.
2. The Respondent is Glenn E. Butler (hereinafter "Father"), who currently resides
at 25 Mallard Court, Mechanicsburg, Pennsylvania.
3. The minor child is Paul Butler, born in 2006 (age 7).
4. By Order dated November 13, 2012, the parties share legal custody of the child
while Mother has primary physical custody of the child. A true and correct copy of said Order is
attached hereto, made a part hereof and marked Exhibit"A."
5. Mother requests that the November 13, 2012 Order of Court be modified for the
following reasons:
a. Father previously filed a Petition for Modification of Custody seeking to
increase his custodial time with the minor child to a shared physical
schedule. Father's reasons for the increase in time had to do with his �)
remarriage and happy home environment. W
04 8 F.? oOlei
COI Z9?
J
a#aq X315
b. Father withdrew his Petition, over Mother's objection after a trial had
begun and testimony was taken, due to Father having had a physical
altercation with his new wife which led to his arrest and the entry of a
Protection from Abuse Order(PFA).
c. Father no longer resides with his new wife and has moved into an
apartment.
d. Mother has long believed that Father's judgment and decision making, as
it relates to the minor child, is lacking. Mother's feelings have increased
due to Father's latest incident.
e. The minor child has great difficulty with change and adjusting to new
situations. A custody evaluation was done by Dr. Arnold Shienvold, who
testified at the previous hearing before Father withdrew his Petition. In
said evaluation, and in his testimony, Dr. Shienvold related the child's
difficulty change and Father's lack of sound judgment.
f. Given the great upheaval in the child's life caused by Father's actions
Mother believes that it is in the best interest of the child to eliminate
Father's weekday overnight periods of custody, including Sunday nights,
in order that the child may have a stable home environment during the
school year.
6. The relationship of Mother to the child is that of natural mother.
7. The relationship of Father to the child is that of natural father.
8. Mother has no information of a custody proceeding concerning the child pending
in a court of this Commonwealth or any other state.
9. Mother does not know of a person not a party to the proceedings who has physical
custody of the child or who claims to have custody or visitation rights with respect to the child.
10. The best interest and permanent welfare of the child will be served by modifying
the existing Order of Court to reduce Father's time with the child by eliminating all weekday
overnights during the school year.
11. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
WHEREFORE, Petitioner respectfully requests This Honorable Court to modify the
Order as requested by Mother.
Respectfully Submitted,
C L A N i SSOCIATES,LLC
By:
Kristopher T. Smull, Esquire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
Dated: 6 11°1 (3
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : 10-420 Civil Tenn.
GLENN E.BUTLER
Defendant : ACTION IN CUSTODY
:Judge:J.Wesley Oler,Jr.
VERIFICATION
I, Catherine L. Butler,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. C.S. '4904
relating to unworn falsification to authorities.
Date: f/ //3 -14-e/(7 ‘f`t(e-A.
Catherine L.Butler
C\i121'
J
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 10-420 Civil Term
GLENN E. BUTLER •
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J.
COURT ORDER
AND NOW, this f day of November 2012, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Mother's petition for contempt is hereby DISMISSED without prejudice by agreement of
the parties.
2. Legal custody: The Mother, Catherine Butler, and the Father, Glenn Butler, shall have
shared legal custody of Paul E. Butler,born 02/21/2006. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including,but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including, but not limited to,medical, dental, religious
or school records, the residence address of the Child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to
Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday from after
school/day care (Father picking Paul up from school/day care)until Tuesday
morning bringing Paul to school/day care. Father shall then have custody on
Friday, picking Paul up from school/day care until Monday morning,
dropping Paul off at school/day care, unless Monday is Father's holiday
under the attached schedule, and, if so, Father shall drop the Child off on
Tuesday morning at school/daycare.
b. In week two, Father shall have physical custody of Paul on Thursday,
picking Paul up from school/day care, until Friday morning, dropping Paul
off at school/day care in the morning.
c. If there is no school/day care, in the absence of agreement otherwise, the
parties shall meet at the Sheetz to exchange custody at 5 pm to begin
Father's custody and at 9 am to end his period of custody.
d. Father shall have additional periods of physical custody of the Child as the
parties may mutually agree.
3. The non-custodial parent shall have li EXHIBIT ith the Child on a reasonable
basis.
4. Counseling: The parties shall continue to engage Paul in counseling with Georgie
Anderson as recommended and necessary.
5. Holidays: In the absence of agreement, the parties shall adhere to the holiday schedule as
attached.
6. Parenting Coordinator: The parties have agreed to the proposed parenting coordinator
Order as attached.
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child
during the summer. The parents shall give 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have
the choice of vacation. Prior to departure, the parents shall provide each other with
information regarding the intended vacation destination and a telephone number at which
they can be reached during their vacation. The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes the other parent's
weekend period of custody, then the party that is not enjoying the vacation period with the
Child shall be provided makeup time in at least equal amount to the time lost due to the
vacation.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Child. Neither party shall engage
in discussions with Paul regarding custody litigation issues and shall not use Paul to relay
messages to one another.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon
as possible after the emergency is handled.
10. Both parties are willing to cooperate in the best interest of the Child. Both parties will
encourage attendance at family functions such as weddings, funerals and reunions, and
make up time shall be provided for any custodial periods lost in at least an equivalent
manner.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337. VINVAlASNN3d
)1Unn3 ONV183SNNRR3
12. The parties may mods 1Qj ert�b}Y fit► eement in writing. n the absence of
p y o'1 t i Of de a ntrol. g
TRUE e # f ' j
In Testimony whereof, I here unto set my,1 VI Q l li u d 3111
and the seal of said Court at Carlisle,Pa. +�0-Q3lr BY THE COURT,
This ii_day of ��3
Prothonotary ./I
k, / t, I L� •■ / i..
afit
Distribution:
Thomas Gould, Esq.
Timothy Colgan, Esq.
John J. Mangan, Esq.
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day 151 Half From 9 am until 2 pm Father Mother
Easter Day 2nd Half From 2 pm until 7 pm Mother Father
Memorial Day From 9 am until 7 pm Mother Father
Independence Day From 9 am until 7 pm Father Mother
Labor Day From 9 am until 7 pm Mother Father
Halloween From one hour before trick or treating to one Father Mother
hour after trick or treating
Thanksgiving 151 Half From 8 am Thanksgiving Day to 2 pm on Father Mother
Thanksgiving Day
Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon Mother Father
the day after Thanksgiving Day
Christmas A From after day care 12/24(or noon if no day Mother Father
care)until 8 pm 12/24
Christmas B From 8 pm 12/24 to noon on 12/25 Father Mother
Christmas C From noon on 12/25 to noon on 12/26 Mother Father
New Year's From 6 pm 12/31 until noon January 151 Mother Father
(with the 12/31 year to control the even/odd
determination)
Mother's Day From 9 am until 7 pm Mother Mother
Father's Day From 9 am until 7 pm Father Father
Regular Physical Custody Schedule
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M D D M M M M D D D
D M M M M D D M M M
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : 10-420 Civil Term
GLENN E. BUTLER
Defendant : ACTION IN CUSTODY
: Judge: J. Wesley Oler, Jr.
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Esquire, hereby certify that I am this day serving a copy of
Plaintiffs Petition for Modification of Custody, upon the person(s) and in the manner indicated
below, which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure,
mailing the same to:
John M. Kerr, Esquire
5020 Ritter Road, Suite 104
Mechanicsburg, PA 17055
Date: By: INN
Kristop er T. Smull, Esquire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYIJANJA
V. : 10-420 Civil Term r° o Fr I
7:rrl
--4 ,--;
GLENN E. BUTLER • t;,
Defendant : ACTION IN CUSTODY
• ° c
Judge: J. Wesley Oler, Jr. a'
PETITION FOR SPECIAL RELIEF ry
AND NOW, comes Plaintiff, Catherine L. Butler, by and through her attorney,
Kristopher T. Smull, of Colgan & Associates, LLC, and files the instant Petition for Special
Relief, and in support thereof, avers as follows:
1. The Petitioner is Catherine L. Butler (hereinafter "Mother"), who currently
resides at 308 E. Meadow Drive, Mechanicsburg, Pennsylvania.
2. The Respondent is Glenn E. Butler (hereinafter "Father"), who currently resides
at 25 Mallard Court, Mechanicsburg, Pennsylvania.
3. The parties are the natural parents of the following minor child: Paul Butler, born
in 2006 (age 7).
4. By Order dated November 13, 2012, the parties share legal custody of the child
while Mother has primary physical custody of the child. A true and correct copy of said Order is
attached hereto, made a part hereof and marked Exhibit"A."
5. Father previously filed a Petition for Modification of Custody seeking to increase
his custodial time with the minor child to a shared physical schedule. Father's reasons for the
increase in time had to do with his remarriage and happy home environment.
l 83 °aid
a . Goci-
v_fda(o37s
6. A hearing was held on July 16, 2013, before the Honorable J. Wesley Oler, Jr.
Said hearing was not completed and the continuation of same was scheduled for September 26,
2013.
7. Prior to the resumption of the hearing Father and his new wife had a physical
altercation which resulted in Father being arrested and the entry of a Protection from Abuse
Order (PFA) evicting Father from the marital home.
8. At the time of the resumption of the hearing Father requested that the Court allow
him to withdraw his Petition for Modification. The Court granted Father's request over Mother's
objection and the hearing was dismissed.
9. The Court, in its Order dismissing the hearing, stated that the testimony already
taken could be used in a subsequent hearing following Mother filing a Petition for Modification.
10. The Court further indicated that Mother would be permitted to request, by way of
a petition for special relief, that the Court allow the parties to bypass conciliation and go directly
to a hearing before the Court.
11. Mother has filed, simultaneously with this Petition, a Petition to Modify Custody.
12. As such, Mother files the present Petition for Special Relief requesting that the
Court order that a hearing be scheduled at the earliest possible date and that the parties be
permitted to bypass the requirement of a conciliation conference.
13. The Court can properly award the relief herein requested pursuant to its powers
conferred upon it pursuant Pennsylvania Rule of Civil Procedure 1915.13, which provides:
1915.13. Special Relief. "At any time after commencement of the action, the
court may on application or its own motion grant appropriate interim or special
relief The relief may include but is not limited to the award of temporary custody,
partial custody or visitation; the issuance of appropriate process directing that a
child or a party or person having physical custody of a child be brought before the
court; and a direction that a person post security to appear with the child when
directed by the court or to comply with any order of the court."
WHEREFORE, Petitioner respectfully requests This Honorable Court to grant her
requested relief.
Respectfully Submitted,
COLG ASOCIATES, LLC
By: ■ ■ 1
Kr stoW T. Smull, Esquire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
Dated: 40 I (
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v. : 10-420 Civil Term
GLENN E.BUTLER
Defendant : ACTION IN CUSTODY
:Judge:J.Wesley Oler,Jr.
VERIFICATION
I, Catherine L. Butler, 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. C.S. '4904
relating to unworn falsification to authorities.
Date: 1/0203 Catherine L. Butler
)
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. •
: No. 10-420 Civil Term
GLENN E. BUTLER •
Defendant : ACTION IN CUSTODY
Prior Judge: J. Wesley Oler, Jr., J.
COURT ORDER
AND NOW, this i day of November 2012,upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. Mother's petition for contempt is hereby DISMISSED without prejudice by agreement of
the parties.
2. Legal custody: The Mother, Catherine Butler, and the Father, Glenn Butler, shall have
shared legal custody of Paul E. Butler,born 02/21/2006. The parties shall have an equal
right to make all major non-emergency decisions affecting the Child's general well-being
including,but not limited to, all decisions regarding his health, education and religion.
Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and
information pertaining to the Child including,but not limited to,medical, dental, religious
or school records, the residence address of the Child and of the other parent. To the extent
one parent has possession of any such records or information, that parent shall be required
to share the same, or copies thereof, with the other parent within such reasonable time as to
make the records and information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to
Father's physical custody on a repeating two week schedule as follows:
a. In week one, Father shall have physical custody of Paul Monday from after
school/day care (Father picking Paul up from school/day care)until Tuesday
morning bringing Paul to school/day care. Father shall then have custody on
Friday, picking Paul up from school/day care until Monday morning,
dropping Paul off at school/day care, unless Monday is Father's holiday
under the attached schedule, and, if so, Father shall drop the Child off on
Tuesday morning at school/daycare.
b. In week two, Father shall have physical custody of Paul on Thursday,
picking Paul up from school/day care, until Friday morning, dropping Paul
off at school/day care in the morning.
c. If there is no school/day care, in the absence of agreement otherwise, the
parties shall meet at the Sheetz to exchange custody at 5 pm to begin
Father's custody and at 9 am to end his period of custody.
d. Father shall have additional periods of physical custody of the Child as the
parties may mutually agree.
3. The non-custodial parent shall have li t EXHIBIT ith the Child on a reasonable
basis.
11)
4. Counseling: The parties shall continue to engage Paul in counseling with Georgie
Anderson as recommended and necessary.
5. Holidays: In the absence of agreement, the parties shall adhere to the holiday schedule as
attached.
6. Parenting Coordinator: The parties have agreed to the proposed parenting coordinator
Order as attached.
7. Vacation: Each parent shall have two non-consecutive weeks of vacation with the Child
during the summer. The parents shall give 30 days advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In the event
the parties schedule conflicting vacations, the party first providing written notice shall have
the choice of vacation. Prior to departure, the parents shall provide each other with
information regarding the intended vacation destination and a telephone number at which
they can be reached during their vacation. The parties may expand this vacation time by
mutual agreement, and if the other party's vacation time includes the other parent's
weekend period of custody, then the party that is not enjoying the vacation period with the
Child shall be provided makeup time in at least equal amount to the time lost due to the
vacation.
8. Neither party may say or do anything nor permit a third party to do or say anything that
may estrange the Child from the other party, or injure the opinion of the Child as to the
other party, or may hamper the free and natural development of the Child's love or
affection for the other party. To the extent possible, both parties shall not allow third
parties to disparage the other parent in the presence of the Child. Neither party shall engage
in discussions with Paul regarding custody litigation issues and shall not use Paul to relay
messages to one another.
9. In the event of a medical emergency, the custodial party shall notify the other party as soon
as possible after the emergency is handled.
10. Both parties are willing to cooperate in the best interest of the Child. Both parties will
encourage attendance at family functions such as weddings, funerals and reunions, and
make up time shall be provided for any custodial periods lost in at least an equivalent
manner.
11. Relocation. The parties are advised that neither party shall hereafter relocate the child or
children if such relocation will significantly impair the ability of a non-relocating party to
exercise his or her custodial rights unless (a) every person who has custodial rights to the
child/children consents to the proposed relocation or(b) the court approves the proposed
relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S.
§5337. AIP 1100 QNV1233814f13
12. The parties may modi ,# erhb a eement in writing. In the absence of
TRUE nil's Of e all rol. g
In Testimony whereof, I here unto set my)14.4 r I Q N0} l'U r n
C� 31-11 rl
and the seal of; d Court at arlisl�,�Pa� �aQ1�a0-Q3-11� BY THECOU7;,� /'J
This i y }/f
�'�'� Prothonotary j / /
i►ii . / /
Distribution:
Thomas Gould, Esq.
Timothy Colgan, Esq.
John J. Mangan, Esq.
HOLIDAYS AND TIMES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter Day 1st Half From 9 am until 2 pm Father Mother
Easter Day 2nd Half From 2 pm until 7 pm Mother Father
Memorial Day From 9 am until 7 pm Mother Father
Independence Day From 9 am until 7 pm Father Mother
Labor Day From 9 am until 7 pm Mother Father
Halloween From one hour before trick or treating to one Father Mother
hour after trick or treating
Thanksgiving 1st Half From 8 am Thanksgiving Day to 2 pm on Father Mother
Thanksgiving Day
Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon Mother Father
the day after Thanksgiving Day
Christmas A From after day care 12/24(or noon if no day Mother Father
care)until 8 pm 12/24
Christmas B From 8 pm 12/24 to noon on 12/25 Father Mother
Christmas C From noon on 12/25 to noon on 12/26 Mother Father
New Year's From 6 pm 12/31 until noon January 1s` Mother Father
(with the 12/31 year to control the even/odd
determination)
Mother's Day From 9 am until 7 pm Mother Mother
Father's Day From 9 am until 7 pm Father Father
Regular Physical Custody Schedule
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
M D D M M M M D D D
D M M M M D D M M M
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : 10-420 Civil Term
•
GLENN E. BUTLER
Defendant : ACTION IN CUSTODY
: Judge: J. Wesley Oler,Jr.
CERTIFICATE OF SERVICE
I, Kristopher T. Smull, Esquire, hereby certify that I am this day serving a copy of
Plaintiff's Petition for Special Relief, upon the person(s) and in the manner indicated below,
which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure, mailing
the same to:
John M. Kerr, Esquire
5020 Ritter Road, Suite 104
Mechanicsburg, PA 17055
1
Date: 9f. ,i(1 By:
y:
Smull, Esquire
Attorney I.D. #69140
130 West Church Street
Dillsburg, PA 17019
(717) 502-5000
Attorney for Plaintiff
•
CATHERINE L. BUTLER IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2010-420 CIVIL ACTION LAW
GLENN E. BUTLER •
IN CUSTODY
DEFENDANT ••
ORDER OF COURT
AND NOW, Monday,October 07,2013 , upon consideration of the attached Complaint, it is
hereby directed that parties and their respective counsel appear before John J. Mangan,Jr.,Esq. ,the conciliator,
at 4th Floor,Cumberland County Courthouse,Carlisle on Tuesday,October 29,2013 9:00 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure
to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief
orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing.
You must file with the Court a verification regarding any criminal record or abuse history regarding you and
anyone living in your household on or before the initial in-person contact with the court(including, but not limited to,
a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition.
No party may make a change in the residence of any child which significantly impairs the ability of the other party
to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and
Pa.R.C.P. No. 1915.17 regarding relocation.
FOR THE COURT,
By: Is/ John J. Mangan,Jr., Esq. ,u1
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
c'-
WHERE YOU CAN GET LEGAL HELP. ,
Cumberland County Bar Association
32 South Bedford Street -•--.
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1444 J ' kg r Carlisle, Pennsylvania 17013 `s ! c
Telephone (717) 249-3166 r` t
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•
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA_
v. : 10-420 Civil Term -0
ter0
GLENN E. BUTLER : cn
ter- I
Defendant : ACTION IN CUSTODY CQ -v
}
: Judge: J. Wesley Oler,Jr. ,
•ORDER OF COURT
AND NOW THIS day of O 41 . , 2013, upon consideration of the
attached Petition for Special Relief, it is hereby ORDERED and DIRECTED that the parties to
the above-captioned custody action are excused from the requirement to participate in a Custody
Conciliation Conference prior to the scheduling of a hearing before the Court.
A hearing on Plaintiff's Petition for Modification of Custody is hereby scheduled on the
1eday of AtA1C-t4 L 2013 at it 3 O sima./p.m. in UK 41.cot eta bathe
Cumberland County Court of Common Pleas, Carlisle, PA 17013.
BY THE COURT,
By:
rJ. Wesley 00, Jr., Judge
tribution:
✓ istopher T. Smull, Esquire, 130 W. Church Street, Dillsburg, PA 17019
./John Kerr, Esquire, 5020 Ritter Road, Suite 104, Mechanicsburg, PA 17055
�'Es / �
/08/13
CATHERINE L. BUTLER : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 2010-00420 CIVIL TERM
GLENN E. BUTLER
Defendant : IN CUSTODY
PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 11th day of October, 2013, IT IS HEREBY ORDERED AND
DIRECTED that the Petition for Special Relief currently scheduled for November 12,
2013, at 1:30 p.m. will now be held in the Old Courtroom of the Old Courthouse,
Carlisle, Pennsylvania.
BY THE COURT,
N-4 01
J.f esley O s Jr.r:.J.
Kristopher T. Smull, Esq.
130 W. Church Street
Dillsburg, PA 17019 r
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ohn Kerr, Esq. c - c~
5020 Ritter Road r— c3
Suite 104
Mechanicsburg, PA 17055 zap G?
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John M. Kerr, Esquire P-R07-L
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John M. Kerr Law, P.C. /' AI0Y
5020 Ritter Road 'UNBE-AL A/I 6: 01
Suite 104
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Mechanicsburg, PA 17055 E��SY AftfiUPI
Telephone: 717-766-4008
Facsimile: 717-766-4066
kerrlaw @comcast.net
CATHERINE R. BUTLER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
•
•
v. : NO.: 2010-420
•
: CIVIL— DIVORCE
GLENN E. BUTLER,
Defendant •
AFFIDAVIT OF SERVICE
I, John M. Kerr, Esquire, hereby verify that I served the Plaintiff with a true and
correct copy of the Complaint to Modify Custody by United States Postal Service, first class
mail, postage prepaid, certified, restricted delivery on the 3rd day of May 2013. The return
receipt signed by the Defendant is attached hereto.
I verify that the statements made in this Affidavit 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.
Respectfully submitted,
JOHN M. KERR LAW, P.C.
November 11, 2013
Joh (. Kerr
Fra[7ER: COMPLETE THIS SECTION COni!'t ft Try L ty,4, z'v/.4 /11'RY
• Complete Items 1,2,and 3.Also complete A. Sig : ,._
item 4 if Restricted Delivery Is desired. j 0 Agent
• Print your name and address on the reverse X /�w►T.i,` .� 0 Adde
so that we can return the card to you. �riMe4N= 0:1 G;,Date of Delivery
• Attach this card to the back of the mailpiece, yr
or on the front if space permits. 1�M i
D. I:Ir., : add r Item 1? 0 Yes
1. ArtI le Addressed to: If enter de ery add= -below: 0 No
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2. Article Number 7008 1300 0001 7607 2011
Mosier from sendce Ittbs0 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GLENN E. BUTLER,
DEFENDANT NO. 10-420 CIVIL
IN RE: CONTINUANCE OF CUSTODY HEARING
. ORDER OF COURT
AND NOW, this 13th day of November, 2013, it appearing that more testimony is
needed in the above captioned matter, the hearing will continue on Tuesday,
January 14, 2014, at 9:00 a.m. on the 5th floor of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
By the Court,
JVAsley Ole Jr., S. J.
-1-`Kristopher Smull, Esquire
Attorney for Mother
.,✓�John Kerr, Esquire
Attorney for Father
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CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
rnal
zmE] ca PIT=
GLENN E . BUTLER, CIVIL ACTION - LAW <<
Defendant NO. 10-420 CIVIL TERM <z p a
IN RE: MODIFICATION OF CUSTODY = '�'
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ORDER OF COURT
AND NOW, this 12th day of November, 2013, upon .
consideration of Plaintiff ' s Petition for Modification of
Custody filed October 8, 2013, being entertained by the
Court pursuant to Plaintiff' s Petition for Special Relief,
and the record from a hearing on a different petition on
July 16, 2013, being incorporated into the present record
pursuant to an agreement of counsel, and following an
initial period of hearing which has not yet been completed,
the record shall remain open and counsel are requested to
contact the Court ' s secretary, Beth Stambaugh, for purposes
of scheduling an additional day of hearing.
It is noted that at the time of adjournment on
today' s date, Plaintiff was in the process of presenting her
case-in-chief, and had presented her own testimony and that
of her father, Harry M. Lawson. It is further noted that on
today' s date Plaintiff had secured admission of Plaintiff' s
Exhibits 1, 2, and 3 (supplementing Plaintiff' s Exhibits 1,
2, and 3 from the July 16, 2013, hearing. ) No other
exhibits had been identified on today' s date .
Finally, it is noted that neither counsel has
requested that the notes of testimony from today' s
proceeding be transcribed and filed.
By the Court,
J. ' esley •`'--r, Jr. , S . J.
Kristopher Smull, Esquire
For the Plaintiff
John Kerr, Esquire
For the Defendant
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CATHERINE L. BUTLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION
GLENN E. BUTLER,
Defendant NO. 10-420 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of January, 2014 , upon
consideration of Plaintiff ' s Petition for Modification of
Custody with respect to the parties ' child, Paul E. Butler (d/o/b
February 21, 2006) and following a hearing held on November 12,
2013, and today' s date (and evidence from an earlier hearing held
on July 16, 2013 , having been incorporated into the record by
agreement of counsel) , the record is declared closed and the matter
is taken under advisement .
By the Court,
J. esley r, J S .J.
Kristopher T. Smull, Esquire
F r the Plaintiff
✓ John M. Kerr Esquire -
For the Defendant
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O'er Mat
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CATHERINE L. BUTLER, •• IN THE COURT OF COMMON PLEAS Of
Plaintiff •▪ CUMBERLAND COUNTY, PENNSYLVB;NIA-
rn e.
v. •. CIVIL ACTION i=
GLENN E. BUTLER, •
Defendant •▪ NO. 10-420 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR MODIFICATION OF CUSTODY-)
BEFORE OLER, S.J.
ORDER OF COURT
AND NOW, this 15th day of January, 2014, upon consideration of Plaintiff's
Petition for Modification of Custody, with respect to the parties' child, Paul E. Butler
(d.o.b. February 21, 2006), following a hearing held on November 12, 2013, and January
14, 2014 (and evidence from an earlier hearing held on July 16, 2013, having been
incorporated into the record by agreement of counsel), and the court being in agreement
with the proposition that a less complex physical custody schedule will be of benefit to
the maturing child, it is ordered and directed as follows:
1. Legal custody of the child shall be shared by the parties. They
shall have an equal right to make all major non-emergency decisions
affecting the child's general well-being including, but not limited to,
all decisions regarding his health, education and religion. Pursuant to
the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all
records and information pertaining to the child including, but not
limited to, medical, dental, religious or school records, and the
residence address of the child and of the other parent. To the extent
that one parent has possession of any such records or information, that
parent shall be required to share the same, or copies thereof, with the
other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
2. Primary physical custody of the child shall be in Plaintiff, the
mother. Temporary or partial physical custody of the child shall be in
Defendant, the father, as follows:
(a) During the school year:
(1) On alternating weekends, from
Friday after school/day care until Monday
before school/day care; provided, that where
Monday is a federal holiday, the period of
temporary or partial physical custody shall
extend to Tuesday before school/daycare;
(2) On alternating Wednesdays, from
after school/day care until Thursday before
school/day care;
(3) During Christmas vacation, from
Christmas Day at 3:00 p.m. until December 28
until 7:00 p.m.;
(4) On Thanksgiving Day, from 3:00
p.m. at 7:00 p.m.
(b) During the summer, for one week out of every
three weeks, from Sunday at 7:00 p.m. to Sunday at
7:00 p.m., commencing with the second Sunday
following the beginning of the summer vacation.
3. Exchanges of custody not effected through a transfer to or from
school/day care shall take place at the Sheetz store referred to in the
order of court dated November 13, 2012.
4. The parties shall continue to engage the child in counseling
with Georgie Anderson as recommended and necessary.
5. Neither party shall say or do anything, nor permit a third party
to do or say anything, that may estrange the child from the other party,
or injure the opinion of the child as to the other party, or may hamper
the free and natural development of the child's love or affection for
the other party. To the extent possible, both parties shall not allow
third parties to disparage the other parent in the presence of the child.
Neither party shall engage in discussions with the child regarding
custody litigation issues and neither shall use the child to relay
messages to each other.
6. In the event of a medical emergency, the custodial party shall
notify the other party as soon as possible after the emergency is
handled.
7. Both parties shall cooperate in the best interest of the child.
Both parties shall encourage attendance at family functions such as
weddings, funerals and reunions, and make-up time shall be provided
for any custodial periods lost in at least an equivalent manner.
8. The non-custodial parent shall have liberal telephonic and
electronic contact with the child on a reasonable basis.
9. Relocation. The parties are advised that neither party shall
hereafter relocate the child if such relocation will significantly impair
the ability of a non-relocating party to exercise his or her custodial
rights unless (a) every person who has custodial rights to the child
consents to the proposed relocation or (b) the court approves the
proposed relocation. The party seeking relocation must follow the
procedures required by 23 Pa. C.S. §5337.
10. Nothing in this order is intended to preclude the parties from
deviating from the terms hereof by mutual consent.
BY THE COURT,
icL
J esley 0 ', Jr., S. .
-Kristopher T. Smull, Esq.
130 W. Church Street
Dillsburg, PA 17019
Attorney for Plaintiff mother
�hn M. Kerr, Esq.
Suite 104
5020 Ritter Road
Mechanicsburg, PA 17055
Attorney for Defendant father
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