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5. The children are currently in the custody of the Plaintiff
who resides at 1 Longview Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
6. During the past year the children have resided with the
following persons and at the following addresses:
Persons
Address
Dates
Jeannette Burns
Jim Burns
Robin seagrist
1 Longview Drive
Mechanicsburg, PA
December 27, 1995
to Present
Jeannette Burns
Susan Gessner
Jim Burns
1 Longview Drive
Mechanicsburg, PA
1 Longview Drive
Mechanicsburg, PA
January 10, 1995
to Dec. 26, 1995
Jeannette Burns
Jim Burns
Sept. 14, 1993 to
to Jan. 9, 1995
7. The father of the children is William L. Gessner, who
currently resides at 6017 Mockingbird Drive, Mechanicsburg,
Cumberland county, Pennsylvania 17055.
8. The relationship of Plaintiff Jeannette Burns to the
children is that of maternal Grandmother. The Plaintiff currently
resides with Jim Burns, Plaintiff's brother, Robin Seagrist, Jim
Burns' companion, and the subject minor children.
9. The relationship of Defendants to the children is that of
mother and father. Defendant Susan J. Gessner currently resides in
a group home 10cated at 710 Hanover Manor, Carlisle, cumberland
County, Pennsylvania 17013, and Defendant William L. Gessner
currently resides with Peggy Gessner, his wife, and Bobby, his
step-son.
10.
otherwise
children.
11. An action for custody was brought before this Court at
Docket No. 1416 civil 1992 by Susan J. Gessner, who was Plaintiff
in said action. The Court issued an Order on April 6, 1994
granting Susan J. Gessner primary physical custody. Shared legal
custody was granted to Susan J. Gessner and William L. Gessner.
Periods of partial physical custody were granted to William L.
Gessner, Defendant in said action. (A copy of the Order issued in
Docket No. 1416 civil 1992 is attached hereto as Exhibit "A".
12. Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
13. The best interests and permanent welfare of the children
will be served by granting the relief requested because the
Plaintiff is the maternal grandmother of the children and has been
the primary caretaker of the children since September 14, 1993.
14. Defendant Susan J. Gessner is in agreement with
Plaintiff's request for primary physical custody and shared legal
custody.
Plaintiff has not participated as a party, witness, or
in litigation concerning the custody of the said
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SUSAN J. GESSNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 1416
CUSTODY
CIVIL 1992
WILLIAM L. GESSNER,
Defendant
ORDER OF COURT
AND NOW, this
c, ,f).. day of
ap
, 1994, SUSAN J.
GESSNER, the Plaintiff herein, and WILLIAM L. GESSNER, the
Defendant herein, being represented by James D. Bogar, Esquire,
and Austin F. Grogan, Esquire, respectively, and having stipu-
lated and agreed with regard to the custody of their minor
children, Anthony James Gessner, born October 16, 1986, and
Richard Thomas Gessner, born June 30, 1989, it is hereby ordered
and decreed, as follows:
1. Legal custody of the children will be shared, being in
both of the parties hereto as the natural parents.
2. Primary physical custody of the children shall be with
Susan J. Gessner, subject to the following periods of partial
physical custody with the father, William L. Gessner:
a) Alternating weekends commencing Friday at 5:45 P.M.
with the children being returned on the following Monday morning
to school directly, if school is in session, or to child care as
the case may be; and
b) Every Wednesday night from 5:45 P.M. to 8:00 P.M.;
and
c) Alternating holidays, with the holidays being New
Years, Easter, Memorial Day, July 4th, Labor Day and Than~sgiv-
ing, all from 8:00 A.M. to 8:00 P.M. In order to insure that
each party hereto has contact with the children on all holidays,
the holidays will be alternated on a yearly basis; and
d) Christmas Evening and Christmas Day will be divided
into two (2) periods commencing Christmas Eve at 5:45 P.M. to
8:00 A.M. Christmas Morning and from 8:00 A.M. to 8:00 P.M.
Christmas Day. These periods will be alternated between the
parties hereto on a yearly basisl and
e) One-half (1/2) of the Christmas school vacation of
the children, the Christmas vacation being defined as commencing
from the 26th day of December and concluding on the 31st day of
December. The parties will agree two (2) weeks in advance of
Christmes as to specific periods of time the children will spend
with each parent; and
f) A two (2) week period, either consecutive or
concurrent, said period or periods to correspond with his vaca-
tion schedule. Mrs. Gessner will advise Mr. Gessner by the end
of January as to her vacation weeks. Thereafter, Mr. Gessner
will give sixty (60) days advance notice as to his requested
vacation period or periods. Notwithstanding the above, it is
acknowledged by the parties hereto that Mrs. Gessner's vacation
periods for 1994 are as follows: May 22 - May 28; July 31 -
August 6; October 30 - November 51 and
g) The parents' birthday, father's and mother's days
will be with the respective parent from 8:00 A.M. to 8:00 P.M.
The children's school schedules will be respected such that if
2
SUSAN J. GESSNER,
plaintiff
I IN 'l1tB COURT OF COMMON Pr..:eAS OF
I CUMBERLAND COUI!TY, PENNS1!LVANIA
.
.
CIVIL 1992
V5.
: NO. 1416
CUSTODY
lfILLL\H L. GBSSNER,
OefendlUlt
pTIPULATION FOR CHILD COSTOO'l
ltND NOW, this \c..+v- day of Mo.~k.. , 1994, SUSAK J.
GESSNER, the plaintiff herein, lInd WILLIAM r.. GESSNBR, tho
Defendant herein, ~einq represented by James D. Doqar, Esquire,
and Austin P. Grogan, Esquire, respeotivelY, lInd with regard to
their minor children, Anthony James Gessner, born Octo~er 16,
1966, and Richard Thomas Gessner, born June 30, 1969, stipulate
lInd agree as follows I
1. custody of said children shall be as set forth in the
attached and foregoing order of court.
2. It is the desire and intention of the parties hereto
that this stipulation for Child custody be entered in the Court
of COllllllon Pleas of CUlllberLlUld county, PeMsylvania, and that it
be endorsed as an order of CQurt sa as to have the full effect
thereof.
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'SUIlan J. Gessner, Plaintiff
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wil iam L. Gessner, Defendant
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James D. B , Esquire
Attorney fo p~aintiff
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Austin F. ,Groq~
Attorney fOr(-"fendant.
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JEANNE1~E M. BURNS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 96-1933
CIVIL TERM
SUSAN J. GESSNER and WILLIAM L.
GESSNER,
DefendantB
IN CUSTODY
hi f{J1 OROr. (7 OF <XXlRT - -rll
AND 1<<Jol, t B day of
consideration of the attach CUBtody Conciliat on Report,
directed aB fol10wB:
, 1996, upon
B ordered and
1. ThiB Court' B prior Order of April 6, 1994 iBsued under Docket
No. 1416 CIVIL 1992, iB vacated.
2. The Father, William L. GeBsner, the Mother, SUBan J. GeBBner,
and the Maternal Grandmother, Jeannette M. BurnB, Bhall have Bhared legal
cUBtody of Anthony J. GeBsner, born October 16, 1986 and Richard T. GeBBner,
born June 30, 1989.
3.
the Children
Grandmother.
Pending further Order of Court or agreement of the partieB,
Bhall continue to primarily reBlde with the Maternal
4. The Mother Bhall have contact with the Children aB arranged
between the Maternal Grandmother and the Mother BO aB not to interfere with
the Father's periodB of partial cUBtody.
5. The Father shall have partial cUBtody of the Children on
alternating weekendB from Friday after work until the following Monday
morning. The Father Bhall alBo have cUBtody of the Children every WedneBday
from after work until the following ThurBday morning. For purposeB of thiB
provision, the Father Bhall pick up the Children at the beginning of periods
of cUBtody at camp during the Bummer months or at Bchool during the Bchool
yearB and return them to camp or Bchool at the conclusion of his periodB of
custody. In the event that the Children have activitieB, Buch aB Boy
SCOUtB, scheduled on WedneBday eveningB, the partieB Bhall cooperate In
Bcheduling one evening of cUBtody for the Father per week on a different
weekday.
6. The Father Bhall have custody of the Children for two
consecutive or non-conBecutive weekB each year for sumner vacation, upon
providing 60 daYB advance notice to the Maternal Grandmother. The partieB
agree that the Father Bhall have custody of the Children for the following
<'IaYB during Burrmer 1996: July 12 through July 21. AB in 1996, when the
Father'B Bummer vacation includeB two consecutive weekendB, the Mother and
Maternal Grandmother shall have cUBtody of the Children on the weekend
immediately following the Father'B vacation. Thereafter, the partieB Bhall
resume the regular alternating weekend scheduie.
7. 'I'he Maternal Grandmother Bhall be entitled to have a two week
period of summer vacation with the Children each summer, the times and dates
to be arranged by a9reement of the parties.
8. The Father shall have custody of the Children on alternating
holidays, with the holidays being New Years Day, Easter, Memorial Day, July
4th, Labor Day and Thanksgiving, all from 8:00 a.m. to 8:00 p.m. In order
to insure that each party has contact with the Children on all of the
d~fferent holidays, the holidays shall be alternated on a yearly basis,
beginning with the Father having custody of the Children on July 4, 1996.
9. The Christmas holiday shall be divided into two periods
beginning Christmas Eve at 5:45 p.m. until 8:00 a.m. Christmas morning and
from 8:00 a.m. to 8:00 p.m. on Christmas Day. The Father shal1 have custody
of the Children during one of these periods each year on an alternating
basis. In addition, the Father shall have custody of the Children during
one-half of the Christmas school vacation, the Christmas vacation being
defined as beginning on the 26th day of December and concluding on the 31st
day of December. The parties will agree two weeks in advance of Christmas
as to specific periods of time the Children wil1 spend with each party.
10. The Father shall have custody of the Children on Father's Day
in each year from 8:00 a.m. until 8:00 p.m. The Mother and Maternal
Grandmother shall have custody of the Children every year on Mother's Day
from 8:00 a.m. until 8:00 p.m.
11. The Father shall also have custody of the Children at any and
all other times as are agreeable by and between the parties.
12. The Father shall be responsible to provide transportation for
exchanges of custody under this Order.
l3. The parties shall insure that the Children are made available
for all counseling sessions scheduled by the Father with Davis Tracy, PhD.
The purpose of the counseling is to address problema which have arisen in
the relationship between the Father and the Children. The Father shall be
responsible for all costs of the counseling conducted by Dr. Tracy.
14. This Order is entered pursuant to an agreement of the parties
at a Custody Conciliation Conference. The parties may modify the provisions
of this Order by mutual agreement. In the absence of mutual agreement, the
terms of this Order shall control.
cc:
BY TH COURT,
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Lori K. Serratelli, Esquir~'.~""i.,( (:'/"/ J '6 'if.
Michael R. Rundle, Esquire., '. I '/ If 'if,.
Austin F. Grogan, Esquire, , '" ", q<,..
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.2IHIIIIS"~"IIl~N RIl~1l
Ihulut'IlH, 1',\ 17110 YUS
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~ .SEP 1 91997
5. The Maternal Grandmother shall have periods of partial
physical custody as follows:
a. Alternating weekends from Friday after work
until the following Monday morning.
b. Every Wednesday evening from after work until
the following Thursday mornincJ.
c. For the purposes of this provision, Grandmother
shall pick up the children at the beginning of period of
custody or at school and return them to school at the
conclusion of her periods of clIstody.
6. Dr. Larry Walker shall continue to be the primat-y
counselor for the children and shall meet with Father and
Grandmother monthly during this ninety (90) day period to continue
to work towards a full resolution of Grandmother's partia 1 custody
rights, including holidays and periods of partial custody in the
summer and Christmas break. The parties wi 11 further work out the
partial custody arrangement (or ThankslJiving during this ninety
(90) day period with the help of Dr. Walker, if necessary.
7. Father shall continue the children's involvement in Boy
Scouts and Grandmother may continue her involvement in Boy Scouts
as well.
8. The Conciliation Conference sc:heduled lor Septt>mlmt- 17,
1997 shall be continued for ninoty (90) days.
4. The Mother shall have visitation rights with the
children as arranged between either the Maternal Grandmother and
Mother and/or Father and Mother.
5. The parties agrees that Grandmother shall h~ve periods
of partial physical custody as fol10ws:
a. Alternating weekends from Friday after work until
the following Monday morning.
b. Every Wednesday evening from after work until the
following Thursday morning.
c. For the purposes of this provision, Grandmother
agrees to pick up the children at the beginning of periods of
custody or at school and return them to school at the conclusion
of her periods of custody.
6. The parties agree that Dr. Larry Walker shall continue
to be the primary counselor for the children and shal1 meet with
Father and Grandmother monthly during this ninety (90) day period
to continue to work towards a full resolution of Grandmother's
partial custody rights, inclUding holidays and periods of partial
custody in the summer and Christmas break. The parties will
further work out the partial custody arrangement for Thanksgiving
during this ninety (90) day period with the help of Dr. W~lker,
if necessary.
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JEANNETl'E M. BURNS,
Plaintiff
IN TilE COURT OF CC\'ItoION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 96-1933 CIVIL TERM
CIVIL ACTION - LAW
SUSAN J. GESSNER and
WILLIAl1 L. GESSNER,
Defendant
IN CUSTODY
OODER OF a:xJRT
AND tDI, this 2 )~
consideration of the attached
and directed as follows:
day of lIL~ ' 1998, upon
Custody Conciliation Report, it is ordered
1. The prior orders of this Court dated July 10, 1996 and September
23, 1997 are vacated and replaced with this Order.
2. The Father, William L. Gessner, the ~lother, Susan J. Gessner, and
the maternal Grandmother, Jeannette M. Burns, shall continue to have shared
legal custody of Anthony J. Gessner, born October l6, 1986 and Richard T.
Gessner, born June 30, 1989.
3. The Father shall have primary physical custody of the Children.
4. The Mother shall have one overnight period of custody with the
Children from saturday through Sunday each month to be scheduled during one
of the maternal Grandmother's regular weekend periods of custody in
January, during one of the Father's regular periods of weekend custody in
February and alternating thereafter on a monthly basis. The Mother shall
have additional periods of visitation/partial custody with the Children as
arranged by a9reement between the ~lother and the maternal Grandmother
and/or between the Mother and the Father.
5. The maternal Grandmother shall have partial physical custody of
the Children on alternating weekends from Friday after work until the
following Monday morning. In addition, the maternal Grandmother shall have
custody of the Children every I~ednesday from after school until the
following Thursday morning. For purposes of exchanges of custody under
this provision, the maternal Grandmother shall pick up the Children at the
beginning of each period of custody at school and return them to school at
the conclusion of her periods of custody.
6. The parties shall share cr alternate having custody of the
Children on holidays as follows:
A. Christmas: In 1997, the Father shall have custody of the Children
from the termination of school prior to the holiday through
Christmas morning at 8:00 a.m. 'fhe maternal Grandmother shall
have custody of the children from Christmas Day at 8:00 a.m. until
8:00 p.m. 'l'he ~lother shall have custody of the Children from
, .
Christmas Day at 8:00 p.m. until the following saturday at 1:00
p.m. The Father shall have custody of the Children from Saturday
at 1:00 p.m. until New Years Eve at 8:00 p.m. The maternal
Grandmother shall have custody of the Children from New Years Eve
at 8:00 p.m. until the day on which school resumes (January 5,
1998) when the maternal Grandmother shall transport the Children
to school. Thereafter, the regular custody schedule shall resume.
In future years, the Christmas holiday shall be divided into
Segment A which will begin at the end of the schoo 1 term and end
on Christmas morning at 8:00 a.m., and Segment 0 which shall begin
on Christmas morning at 8:00 a.m. and end on Christmas Night at
8:00 p.m. The Father shall have custody of the children over the
Christmas holiday during Segment A in odd numbered years and
during Segment 0 in even nunhered years. The maternal Grandmother
shall have custody of the Children during Segment A in even
numbered years and during segment B in odd numbered years. Each
year, the Father and the maternal Grandmother shall equally share
the remainder of the Christmas school vacation.
B. ALTERNATING HOLIDAYS: The maternal Grandmother shall have custody
of the Children in even numbered years from 8:00 a.m. until 8:00
p.m. on New Years Day, Memorial Day and Labor Day, and in odd
numbered years from 8:00 a.m. until 8:00 p.m. on Easter Sunday,
July 4th and Thanksgiving Day.
The Father shall have custody of the Children in even numbered
years from 8:00 a.m. until 8:00 p.m. on Easter Sunday, July 4th
and Thanksgiving, and in odd numbered years from 8:00 a.m. until
8:00 p.m. on New Years Day, Memorial Day and Labor Day.
C. MorHER's DAY/FATHER's DAY/GRANDPARENT's DAY: The Mother shall
have custody of the Children every year on Mother's Day from 8:00
a.m. until 8:00 p.m. The Father shall have custody of the
Children in every year on Father's Day from 8:00 a.m. until 8:00
p.m. The Grandmother shall have custody of the children in every
year on Grandparent's Day from 8:00 a.m. until 8:00 p.m.
D. The Mother shall have periods of visitation/partial custody with
the Children on holidays as arranged by agreement between the
Mother, the maternal Grandmother, and the Father.
7. Dr. Larry Walker shall continue to be the primary counselor for
the children. The Father, maternal Grandmother and Mother shall follow the
counselor's recommendations with regard to each party's participation in
the counseling process.
8. The Mother shall provide transportation during the exchanges of
custody for her monthly overnight periods of custody with the Children.
9. Reasonable telephone contact shall be permitted between the
children and the non-custodial parties.
10. In the event the parties are not able to make arrangements by
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JEANNETTE M. BURNS,
Plainti IT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO: 96-1933 Civil Tenll
SUSAN J, GESSNER and
WILLIAM 1.. GESSNER,
Defendants
CIVIL ACTION. LAW
CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, this ~ day of, 'J U hf!J
, 1999, comes the Defendant, William
L, Gessner, by an Ihrough his attomeys, the Law Offices of BA TURIN & BA TURIN, and files
this Petition to Modify Custody Order.
I. The Defendant/Petitioner, William 1.. Gessner, natural futher, an udult
individual, SlIi jllris, currently resides at 607 Mockingbird Drive, Mechunicsburg, Cumberland
County, Pennsylvania,
17055.
2. The Defendant/Petitioner, Susan J, Gessner, natural mother, un adult individuul,
slli jllris, currently resides at 505 G Southwest Street, Curlisle, Cumberland County,
Pennsylvania 17013,
3, The PlaintifTIRespondent, mutemal grandmother, Jeannette M, Bums, un udult
individual, sllijllris, currently resides ut I Longview Drive, Mechunicsburg, Cumherlund
County, Pennsyl\'ul1iu 17055,
1
4, The Defendants are the naturul purents of Anthony J, Gcssner (DOB: 10/16/86)
and Richard T, Gcssner (DOB: 06/30/89),
5, The purtics huvc ugrccd to modify the prior custody ordcr us follows:
A) The three partics shull shure legul custody ofsuid childrcn,
B) The nuturalmother shull huve primury physicul custody of suid children,
C) The rnutemul grundmother shull huve purtiul physicul cuslody of the children
ulternuting weekends from Friday uner work until the following Monduy moming, Inuddition.
the mulemul grundmother shull have custody of the children every Wcdnesday fromuner school
until Thursday moming. For purposes of exchunges of custody under this provision, the
malemal grandmother shull pick up the children at the bcginning of euch period of custody at
school and retum them to school at the conclusion of her period of custody.
D) Holiduys shall continue to altemale belween the natural mother und the
matemal grandmother.
E) The natural father shall have partial physical custody of the children for six
(6) consecutive weeks during the summer beginning the first full week ofschoollelling out and
ending six (6) weeks later.
F) The naturul futher shull have additional periods of visitation as can be
arranged between himself and the nuturulmothcr,
2
4, The Defendunts ure thc naturnl parcnts of Anthony J, Gcssncr (DOB: 10/16/86)
and Richard T. Gessncr (0013: 06/30/89),
5, The parties have agrecd to modi fy the prior Custody Order, dalcd Dcccmhcr 23.
1998. as follows:
A) The three partics herein shall share legal custody of said childrcn,
B) The natural mother shall hnvc primary physienl custody of said ehildrcn,
C) The matenlal grundmothcr shalllmvc partial physical custody of the children
altcmuting weckends from Fridny ancr work unlillhe following Monday moming, Innddition.
the matemal grnndmother shall have custody of the childrcn evcry Wedncsday from aner school
until Thursday moming, For purposes of exchanges of custody under this provision. thc
matemal grandmother shall pick up the children at the beginning of each period of custody ut
school and retunI them to school at the conclusion of hcr period of custody,
D) Holidays shall continue to altematc between the natural mother and the
mate mal grundmother.
E) The naturul Hither shall havc portinl physical custody of thc ehildrcn for six
((I) eonsccutivc weeks during thc summer bcginning thc lirst full wcck ofsehoollelling outllllll
ending six (6) weeks latcr,
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