HomeMy WebLinkAbout00-02193
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IN TlJIWOURT pF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA
CIVILACfION - LAW
CHRISTINA L. HESS,
Plaintiff/Petitioner
MAY 28 2004 Y
.
.
v.
: NO. 00-2193
FLOR RIVERA, JR.,
Defendant/Respondent
: IN CUSTODY
ORDER OF COURT
AND NOW, this d r"'" day ofl'{J ~ ' 2004, upon
consideration of the within Petition for Special Relief, IT IS HEREBY ORDERED AND
DECREED that Plai:Miff,'P~L~~vu~., et:IlUM'lNA 1:.. IIESB, ",'hdH hdv", "vI", It:!).d i:Unl
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I)ctbudtu.1L/l\.t:::tpulldenl, .I' ~K.1U. V .r..Kl\.,~~:'~~', 'snau De entitled to have penod.s oT
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Distribution:
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050-3079
i
Cory G-lVUl
Bruce J. Warshawsky, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVILACI'ION ~ lAW
CHRISTINA L. HESS,
Plaintiff/Petitioner
.
.
.
.
v.
: NO. 00-2193
.
.
FWR RIVERA, JR.,
Defendant/Respondent
: IN CUSTODY
PETmON FOR SPECIAL RELIEF-TEMPORARY ORDER
PURSUANT TO PA.R.C.P. 1q1!i.13
NOW COMES, CHRISTINA L. HESS, Plaintiff/Petitioner by and through her
attorney, Maryann Murphy, Esquire, and avers as follows:
1. Petitioner is CHRISTINA L. HESS who resides with the rninor child at 407
E. Beaver Avenue, Enola, Curnberland County, pennsylvania 17025.
2. Respondent is FLOR RIVERA, JR. whose current residence is unknown.
Petitioner's last known address was 407 E. Chester Road, Enola, Curnberland County,
Pennsylvania 17025, where he resided with his wife, Crystal, and her son.
3. The minor child involved in this action is: ACACIA HESS, born March 1,
1996.
4.
Petitioner is the biological mother of the minor child.
Respondent is the biological father of the rninor child.
5.
6. The parties were divorced in 1999.
7. The initial Order regarding custody was entered on May 5, 2000, under a
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Protection from Abuse. This Order granted Petitioner custody of the rninor
child. (A copy of the May 5, 2000 Order is attached hereto, incorporated by
reference herein, and rnarked as "Exhibit};'.)
8. After a Custody Conference, Petitioner was awarded sole legal and primary
physical custody of the minor child by Order dated June 13, 2000.
Respondent was entitled to periods of visitation with the child only as
arranged by agreement of the parties. (A copy of the June 13, 2000 Order is
attached hereto, incorporated by reference herein, and marked as "Exhibit
"B".)
9. By agreement of the parties, an Order of Court, dated October 6, 2003, was
entered granting Petitioner prirnary physical custody of the minor child.
Respondent was granted partial physical custody of the child on alternate
weekends, one evening per week, and an additional evening every other week.
(A copy of the October 6, 2003 Order is attached hereto, incorporated by
reference herein, and marked as Exhibit "C".)
10. Prior to the October 6, 2003 Order, Respondent did not seek regular
visitation with the minor child. Only after Respondent remarried did he
request a regular schedule of partial custody.
11. On May 2, 2004, Respondent was to pick up his daughter. He did not do so.
Late that night, Respondent called Petitioner to tell her that he and his wife
had a fight and he moved out. He told Petitioner "Things were really ugly".
Respondent told Petitioner that he would pick up his daughter on May 3,
2004. Petitioner, who had been in an abusive relationship with Respondent,
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was concerned about Respondent's state of mind and worried about her
daughter being alone with Respondent so soon after his estrangernent from
his wife.
12. Petitioner received a telephone call from the police on May 3, 2004.
Respondent had asked them to call Petitioner to let her know he could not
pick up the child.
13. Petitioner later learned that Respondent was charged with possession and
intent to distribute cocaine. He was released on bail.
14. Because Respondent no longer resided with his wife, and Petitioner was
unsure of where he was staying, she was concerned about his having partial
custody of the minor child since he was apparently again involved with drugs
and had no place to live.
15.
Petitioner's counsel contacted Bruce J. Warshawsky, Esquire, Respondent's
counsel, and it was agreed that Respondent's partial custody schedule would
be suspended pending a four-party conference to be held on May 10, 2004. (A
copy of the letter dated May 4, 2004 sent by Petitioner's counsel to
Respondent's counsel confirming that agreernent is attached hereto,
incorporated by reference herein, and marked as Exhibit "D".)
16. At the May 10th four-party conference, the parties agreed that the current
Order of October 6, 2003 would be suspended until the criminal matter was
resolved. The parties agreed that they would temporarily suspend the October
6, 2003 Custody Order pending further Order of Court; Petitioner would have
primary physical custody of the rninor child; Respondent would have
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visitation with the minor child by mutual agreement of the parents; and
another four-party conference would be held on June 10, 2004 to re-address
the custody issue after Respondent's preliminary hearing scheduled for June
9, 2004. The second four-party conference was scheduled to discuss the
status of Respondent's criminal charges, and discuss the custody issue if the
criminal charges were disrnissed. (A copy of the letter dated May 10, 2004
sent by Petitioner's counsel to Respondent's couIisel confirming the parties'
agreement is attached hereto, incorporated by reference herein, and marked
as Exhibit "E".)
17. Petitioner's counsel prepared a Stipulation for Entry of Custody Order based
upon the parties' agreernent. This Stipulation was subsequently approved by
Respondent's counsel on May 11, 2004 and signed by Petitioner on May 11,
2004. Respondent, however, has failed to sign the Stipulation and his
whereabouts is unknown. (A copy of the Stipulation is attached hereto,
incorporated by reference herein, and marked as Exhibit "F".)
18. Since the four-party conference on June 10, 2004, Respondent has called to
speak with the minor child only three (3) times. Their phone conversations
were very brief.
19.
On May 18, 2004, Respondent went to the child's school to see her, without
the knowledge and consent of Petitioner, contrary to the agreement of the
parties reached at the four-party conference. That is the only time
Respondent has seen the rninor child since his rnost recent crirninal and
domestic problems began. Respondent has not asked Petitioner if he could
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make arrangements to spend time with the child.
20. Petitioner has learned, through Respondent's wife that Respondent is
''bouncing around" and does not have a permanent address. Petitioner is
concerned because Respondent has friends who are involved with drugs, and
she does not want the minor child to be placed in a dangerous situation.
21. Petitioner has learned that Respondent was fired from his job on May 5, 2004
due to his felony charges. Respondent now has no known address, no
employment and is facing criminal charges. Respondent has also failed to
respond to requests to sign the agreed upon Stipulation which would have
precluded the need for the filing of this Petition, which documents
Respondent's current situation.
22. Although Petitioner believed that this matter would be amicably resolved
without resorting to litigation, Respondent's failure to comply with his verbal
agreement by signing the Stipulation has caused Petitioner to file this Petition
to protect her daughter.
23. Petitioner requests this Honorable Court to grant her sole legal and primary
physical custody of the minor child, with periods of visitation with the child
only as arranged by agreement of the parties. This is the same Order entered
on June 13, 2000 after the Custody Conference.
24. Until Respondent's criminal problems have been resolved, and his housing
stabilized, Petitioner avers that it is in the child's best interest that she be
granted sole legal and primary physical custody of ACACIA.
WHEREFORE, Petitioner prays this Honorable Court to enter an Order granting
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her sole legal and primary physical custody of ACACIA HESS, born March 1, 1996.
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Respectfully submitted:
By:
Mary n Murphy, Esq re
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050-3079
(717) 730-0422
Attorney I.D. #61900
Attorney for Plaintiff/Petitioner
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VERIFICATION
I, CHRISTINA L. HESS, verify that the statements made in the foregoing 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 unsworn falsification to authorities.
CHRISTIN
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IS THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTINA L. BESS
~ P'.aimiff,
No. /h)..l 'JOe.. Cu;;1 T J.o-
v.
Civil Action - Protection From Abuse
FLOR RIVERA, JR. .
Defianrl,,,rt
TD.fPORARY PROTECTION FROM'ABtJSE ORDER.
Deff!ntlant's Name: Floc Rivera. Jr.
Defendant's Social SecuriJ:y Nwnber (Jfknown) is: DDImowu
Defendant's dale of birth is: August IS, 1979
Names of All Protecred P=oos, includiDg PIaimiff and minor child/ten: Christina L. Hess; Acacia s.
Hess
AND NOW, this ,~~. day of~. tliHn> . upon cnn$irl"'3tion of the auached Petition
for Protection from AbuSe.. the court heIebt enters the foll~ TempOrary' Order:
[x] 1. Defendant sbaIlllllt abuse, harass, stalk or threaten any of the above persons in any place where
they might be fuund.
[xl 2. Detimdant is tMced and excllJded from the resi~n"" at (l'iONCONFIDENTIAL ADDRESS
FROM WHICH DEFENDANT IS EXCLUDED) or any other perma"""'t or lempomy residem:e where
PIaintiff may live. PIai!DiiI is g,...wted exclusive posSession of the poqiri.......e. Defendant sbaIl have no
right or privilege to enlet or be present on the premises.
[xl 3. Except for such amtact with the miIior childIren as may be petll1iat:d under Paragraph 5 of this .:
Order. Dt+nrlant is pJ;OhibiJed from having ANY CONTACT WITH PIaimiff at any kication, including
but not Iimired to any ccnmct at Plaintiff's school, l;usiDess, or place of employment. Defendant is
specifically ordered 10 Slay away from the following locations for the dunIion of this Order.
[x] 4. txcept ror such CllIIIllCt witI1 the mmor childIren as maybe ~ ",;"'"\1 under Paragraph 5 of this
Older. DeiP.n<llmt sbaIllIC( comact plaintiff by lI:lephone or by any other means, including tbrougb third
persons.
[x 1 5. Pending the Q1'..........ofthe fiDaI hearing in this maller, Plaintiff is awarded temporary custody of
the following minor chiIdJien Acacia S. Hess. Until the fiDaI hearing. all contact between Defimdant and
the child/ren sball be Iimired to the foI1owing
The local law enforcemem agency in the jurisdiction where the child/reil are located sbaIl ensure !hat the
child/ren are placed in the ;:are and COIIII:ol of the Plaintiff in accordance. 'lI<ith the lerms of this Order.
[x 1 6. Defupriant sball immediaIeIy relinquish the fullowing ~DS to the Sheriffs Office or a
designated local law enfu=ent agency fur delivery to the Sheriff's oilice. Any firearms in Defendant's
ownership or possession
Defendant is prohIbited from possessing, ttansferring or acquiring any other weapODS for the duration of
thisOIder. .
[ ] 7. The following addiIiona1 relief is granted:
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(x] 8. A ~ copy of Ibis Order sball be provided to police deparIm=ut where PlaiJuiff resides and '
llItIy other agency speci6ed heteafter:
[xl 9. THIS ORD~-PERSEDES [x l ANY PRIOR PFA ORDER A......D [x] ANY PRIOR ORDER
R'.ELATING TO CHILD CUSTODY.
to. nus ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT
UNTll. MODIFIED OR TERMINATED BY THIS COURT AFTER. ~OTICE AND HEARING.
NOTICE TO THE DEFENDANT
DefP.ndanr is hen:by notified tIIat violation of Ibis Order may result in arrest fur indirect criminal
c:ootelIlpt. which is V"...;s1..nl~by a fine of up lD $1,000.00 andIot_ up to six mnnth.. injail. 23 Pa.C.S. ~
6114. COlIl!eDt of the PIaimiff to Deli-f-s retumto the residence' sbaIllHlt invalidare this Onier, which
can only by cIJaDged or I1lMified through the filing of olppcoplR COIIlt papers fur IfW: purpose. 23
Pa.C.S. ~ 6113. Defemlant is futtber notified tIIat vioIalion of this Order may subject IiimIher to state
clWges and peualties IDIlIer the PeImsylvania Crimes Code and to fuderaI cllarges and penalties W1der the
Violence Against Women.-\ct. 18 U.S.C. Ii Ii 2261-2262. -
::'iOTICE TO LAW ENFORCEMENT Omn.lJ ."l
This Order sbaIl be enforced by tbe police who have jurisdiction O1'er the pIaimiff's residence OR
any location where a violalion of this Older OCCUIS OR where the defPnriRnT may be locall:d. If defendant
violated Paragraphs 1 rhrough 6 of this Order, defunrlanr may be mesed on the charge of Indirect
Criminal. Contempt. An arrest fur violation of this Order may be made widlout WlIII3Ill. based solely on
pJ:ObabIe cause, whether or not the violation is cnrnnrillP.d in the presence oiJaw enfOrcemem.
Subsequent in any anest. the law enfon:ement officer sbaIl seize an weapons used or tbrearened to
be, used during the vioIalicn of this Order OR during prior iInien'" of abuse. Weapons IIIlJS[ funhwith be
delivered lD the Sheriffs office of the county which issued this Order. whicl1 office sbaII maintain
possession of the weapollS until futtber Order of this i:01ltt, unless the weapou/s are evidence of a crime, __
in which case, they sbaIl remain with- the law enfoICeJDeDt agem:y whose officer.made the arrest. -
BY THE COURT:
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rR~E COpy FROM RECORD
In T estlmooy wllarOOf, I tttlre unto Sflt my hi\!~
and the $i.lll of said Coort at Caf~3.~. Pa
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CHRISTINA L. !lESS , : IN THE aJURT OF COMMON PLEAS OF
Plaintiff : CUMBERtAND COUNTY, PENNSYLVANIA
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vs. : NO. 00-2193 CIVIL TERM
.
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FLOR RIVERA; JR., . CIVIL AcrIClN - LAW
.
Defe1ldant : IN CUSTODY
CIIDER OF' <.uJ.Kr
AND RK, this 13+h day of 0""c.ufe.
,consideration of the attad1ed CulStody Conciliation
,and directed as follows:
, 2000, upon
Report, it is ordered
1. The Mother, Olristina L. Hess, shall have sole legal and primary
physical custody of Acacia Hess, born March 1, 1996.
2. The Father, Flor Rivera, Jr., shall be entitled to have periods of
'l7isitation with the Child only as arranged by agreement of the parties.
3. The Father my file a Petition with the Court to have am
i:l.dditional Custody Conciliation CIonference scheduled to review the custody
arrangements.
BY THE COURT,
Isl FJJj~J l!. dn-dn
Edward E. Gu1dO, . J.
c:c:
Gregory S. Hazlett, Esquire - Counsel for Mother
Flor Rivera, Jr., Father
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TRUE COpy !=ROM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Court at Carlisle, Pa.
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INTHE COURT OF COMMON PLEAS OF CUMBERLAlIDCOUNrY, COMMONWEALTH OF
PENNSYLVANIA
CHRISTINA L. HESS,
Plaintiff,
No. 00-2~93
v.
Civil Action - Custody
FLOR RIVERA, JR.,
Defendant
ORDER
, day of ()~
This agreement shall replace all any and all other previous. Orders issued by this or any other Court
relating to the Custody of the aforementioned child.
i. The Mother, shall have PRIMARY PHYSICAL CUSTODY of Acacia Hess.
2. The Father shall have PARTIAL PHYSICAL CUsrODY of Acacia Hess,
,3. The parties shall have SHARED LEGAL CUSTODY of Acacia Hess.
4. Father shallliaiie Partial Physical Custody the child consisting of the following: as enumerated
'withinparagrap)is 5, 6. and 7.
5. Father shall have custody of the child every other weekend commencing on Friday after school
'-----,--.---ana'en:dmg'ori'Siinday at 8:00p.m. "fthe same weekend.
6. Father shall have custody of the child on Wednesday of every week commencing after school and
ending at 8:00 p.m. Wednesday evening.
7. On the Weekend that futher does not have custody of the child, he shall have the Monday
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innnediately following Mother's wecla:nd period of cus10dy In commence after school and end at
8:00p.m. of the same day.
8. Mother shall have cuslDdy at all other days and tiines that the child is not in the custody of father
as enumerated above.
9. The father shall have one week for the purpose of smnmer vacation to be taken during the child's
swmner vacation and shall give (30) days notice of the same.
10. The Mother .shall have two weeks of custody for the purpose of summer vacation In be taken
consecutively or non-cOOsecutively. as detennined by mother and shall provide In father (3Il) days
advance notice of the same.
11. The party ffrstto give notice oftheirprefurence as In the'period(s) ofSUlllIllCl"weatidn shall
have priority. The summer vacatian schedule shall supersede the holiday and regular custody
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schedule and the holiday schedule shall supersede the regular custody schedule.
12. The child's birthday shall be shared as between the p8I1ies. Each party shaI1 be entitled In no
l~ than two (2) hours of custody with the child. If there is no parliaI physical custody scheduled on
that day arid it is a school day father shall have custody of the child between 6:00 pm. l!Jld 8:00 p.m.
,!.fit is on a weekend that he does not have custody then father shaI1 have the hours of 3:00 p.m:1n
8:00 p.m. If the bir1bday f8lls on the father's period of custody, the same cour1csy. shaI1 be afforded'
to mo.ther as provided to father at hours that will coincide with her schedule.
13. . On the ThaDksgiving holiday father shall have partial physical custody:from 3:00 p.m. mrtil8:oo
p.m.
14. On Easter, father shall have partial physical custody from 10 a.rn. until 3:00 p.rn.
.. n. Moth!')" shall a1waYJ;!!!l~ c~\>~Y- of the child on_Ghrt~ EvellI!YD2:0Q p.ll\. .!!.1!Q!ristmas
day. Father shall have custody of the child on Christmas Day, from 12:00 p.m. until 8:00 p.m.
16. The father shall be entitled to Halloween, "Trick or Treat Night" with the child.
17. The holidays consisting of the Fourth ofJuly, Labor Day, Memorial Day, and New Years Day,
shall altemate as betWeen the p8I1ies on a yearly basis and the periods of custody relative to these and
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other holidays not specifically treated within this agreement shall consist of ]ilriods of custody as the
parties may agree relative to their respective schedules. TIle schCdu1e for these holidays sha11
conunence at 10:00 a.m. and end at 8:00 p.m. reganIless of which party bas this holiday.
18. Neither party shall engage in any disparaging comments against the other parent or step.parent
while in the presence of the child dming their periods of custody ~ the child
19. Neither party shall parllIIre of any alcoholic subt;bu.....s, and/or drugs while operating a motor
vehicle nor sbaII either party drink or.ingest alcohol and/or drugs in excess while in the presence of
the child.
20. TIle parties recognize that because they live in c;lose proximity to one another, weather
conditions should not affect the ]ilriods;of pilrtial ph:YSica1 custody, unless they are so dire that it .
would be a threat to the child's safety to complete any custody exchange. TIle party receiving
cuslody sbaII provide transportation.
21. It is hereby agreed that the child will not be removed from the school district within which she
, currently is enrolled provided.the mother re1ains a residence within such school district
(a) Neither party wilt remove the child from the Commonwealth of Pennsylvania without the
,express consent from the other parent Provided consent is given each party shall provide to the
other the name, address, and telephone number(s)'where the parent shall be staying while outside
of the Commonwealth of Pennsylvania in case of an emergency.
(b) This agreement can be modified at any time tQ provide IIWIe custody to either parent but only
upon the mutual consent ofbotb parties to this agreement, in the absence of mutualllgreement
the 1etms, conditions, and restrictions ~f this agreemerit shall be adhered to in its current form,
and substance for purposes of enfoI-ceability. The modification of this agreement, by mutual
. <:OII~t ~ not be l!C1u!!!l1ent nor bin4i!Jg WJless and, un:tjJ.a su11sf;ityIed written agr~~ is _. ou
executed between the parties.
(c) The parties can agree to expand the levels of custody beyond what is provided within the
framework of this agreement as they may mutually agree from time to time. Neither party shall
reStrict the other party's periods of custody as outlined within this agreement uilIess BOTH
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MARYANN MURPHY, ESQUIRE
(717) 730-0422
mailinl! address
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050-3079
office address
5440 Jonestown Road
Harrisbnrg, P A 17112
2807 Market Street
Camp Hill, PA 17011
May 4, 2004
Bruce J. Warshawsky, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110
Re: Christina L. Hess v. Flor Rivera. Jr.
Dear Bruce:
This is to confirm our agreement that Mr. Rivera's visitation will be suspended for
tomorrow and this coming weekend to give us an opportunity to discuss the recent
events and how they might impact Acacia. Ms. Hess and I are looking forward to
meeting with you and Mr. Rivera at your Harrisburg office on Monday, May 10, 2004 at
1:00 p.m.
Thank you for your assistance in this matter.
Sincerely,
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Maryann Murphy
Attorney-at-Law
cc: Christina Hess
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MARYANN MURPHY, ESQUIRE
(717) 730-0422
lnailinl! address
PMB 246
4902 Carlisle Pike
lMechanicsburg, PA 17050-3079
office address
5440 Jonestown Road
Harrisburg, P A 17112
2807 Market Street
Camp Hill, PA17011
May 10, 2004
Bruce J. Warshawsky, Esquire
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110
Re: Christina 1.. Hess v. Flor Rivera. Jr.
Dear Bruce:
At our four~party conference today, the parents agreed to suspend the current Custody
Order and to sign a Stipulation giving Ms. Hess primary physical custody of Acacia, with
visitation in Mr. Rivera by mutual agreement. I will send you the Stipnlation tomorrow
afternoon, as I have a meeting in the morning. As soon as I have both parties' original
signatures, I will take the Stipulation and Order to the Courthouse for the Judge's
signature.
Both Ms. Hess and I are available on June 10, 2004. It is my understanding that it is
most convenient for Mr. Rivera to meet at 1:00 p.m. I will include that date and time in
the Stipulation.
Thank you for your cooperation in helping our clients reach this agreement. It is our
hope that an expanded Order will be able to be negotiated when we meet next month.
Sincerely,
Maryann Murphy
Attorney-at-Law
cc: Christina Hess
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IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIl. ACTION - LAW
CHRISTINA L. HESS,
plaintiff
:
v.
: NO. 00-2193
:
FI.oR RIVERA, JR.,
Defendant
: IN CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
ClIRISTINA L. HESS (hereinafter referred to as "MOTHER"), and FWR
RlVERA, JR. (hereinafter referred to as "FATHER"), desiring to amicably resolve the
cmrent outstanding issues regarding custody of their daughter, ACACIA HESS, born
March 1, 1996, the minor child involved in this action, hereby stipulate and agree to the
entry of an Order of Court as follows:
1. The parents agree to temporarily suspend the Custody Order dated
October 6, 2003.
2. The parents agree that MOTHER shall have primary physical custody of the
minor child.
3. The parents agree that FATHER shall have visitation with the minor child
with specific days and times to be mutually agreed upon by the parents, with the intent of
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maximizing contact between FATHER and the child as much as practicable.
4. MOTHER agrees to allow reasonable telephone access between the child and
Fl\. THER.
s. The parents agree that they shall attend another four-party-conference with
their respective attorneys on June 10, 2004 at 1:00 p.m. to re-address the custody issue and
attempt to negotiate an expanded custody scltedule for FATHER. In the event that
agreement cannot be reached, either parent may file a Petition with the Court.
6. The parents agree that this Stipulation shall be submitted to the Court of
Common Pleas of CumbecJand County, Pennsylvania for approval and for entry of an Order
awarding custody as set forth herein.
7. The parents. hereby request that this Honorable Court enter such an Order
which shall replace and supercede any and all prior Custody Orders and shall remain in full
:5orce and effect pending further Order of Court.
IN Wl7NESS WHEREOF, MOTHER has executed this Stipulation on the date
indicated below.
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IN WTINESS 'WHEREOF, FATHER has executed this Stipulation on the date
indicated below_
Date
Bruce J. Warshawsky, Esquire
FWR RIVERA, JR.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF
PENNSYLVANIA
CHRISTINA L. HESS,
Plaintiff,
No. 00-2193
v,
Civil Action - Cnstody
FLOR RIVERA, JR,
Defendant
ORDER
AND NOW, this ~ ~ ,day of O~ ,2003, upon presentation of
the foregoing Stipulation For Entry of an Agreed Order of Custody, executed by and
between Christina L. Hess, hereinafter ("Mother") and Flor Rivera, Jr., hereinafter
("Father") the parties, on the 26th day of September, 2003 relative to custody of Acacia
Hess, hereinafter ("Daughter").
It is ORDERED that:
This agreement shall replace all any and all other previous Orders issued by this or any other Court
relating to the Custody of the aforementioned child.
1. The Mother, shall have PRIMARY PHYSICAL CUSTOIJiY of Acacia Hess.
2, The Father shall have PARTIAL PHYSICAL CUSTODY of Acacia Hess.
3. The parties shall have SHARED LEGAL CUSTODY of A,:acia Hess.
4. Father shall have Partial Physical Custody the child consisting of the following: as enumerated
within paragraphs 5, 6, and 7.
5. Father shall have custody of the child every other weekend ,"ommencing on Friday after school
and ending on Sunday at 8:00 p.rn. of the same weekend,
6, Father shall have custody of the child on Wednesday of every week commencing after school and
ending at 8:00 p,m. Wednesday evening,
7. On the Weekend that father does not have custody of the child, he shall have the Monday
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immediately following Mother's weekend period of custody to eommence after school and end at
8:00 p.m. ofthe same day.
8, Mother shall have custody at all other days and times that the child is not in the custody of father
as enumerated above.
9. The father shall have one week for the purpose of summer vacation to be taken during the child's
summer vacation and shall give (30) days notice ofthe same.
10. The Mother shall have two weeks of custody for the purpose of summer vacation to be taken
consecutively or non-consecutively as determined by mother and shall provide to father (30) days
advance notice ofthe same.
II. The party first to give notice of their preference as to the period(s) of summer vacation shall
have priority. The summer vacation schedule shall supersede the holiday and regular custody
schedule and the holiday schedule shall supersede the regular custody schedule.
12. The child's birthday shall be shared as between the parties. Each party shall be entitled to no
less than two (2) hours of custody with the child, If there is no partial physical custody scheduled on
that day and it is a school day father shall have custody ofthe child between 6:00 p.m, and 8:00 p,m.
If it is on a weekend that he does not have custody then father shall have the hours of 3:00 p.rn. to
8:00 p.m. If the birthday falls on the father's period of custody, the same courtesy shall be afforded
to mother as provided to father at hours that will coincide with her schedule,
13. On the Thanksgiving holiday father shall have partial physical custody from 3:00 p.m. until 8:00
p.m.
14, On Easter, father shall have partial physical custody from 10 a.m. until 3:00 p.m,
15. Mother shall always have custody of the child on Christmas Eve until 12:00 p.rn. on Christmas
day. Father shall have custody ofthe child on Christmas Day, from 12:00 p.m. until 8:00 p,m.
16. The father shall be entitled to Halloween, "Trick or Treat Night" with the child.
17. The holidays consisting of the Fourth of July, Labor Day, Memorial Day, and New Years Day,
shall alternate as between the parties on a yearly basis and the peliods of custody relative to these and
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other holidays not specifically treated within this agreement shall consist of periods of custody as the
parties may agree relative to their respective schedules, The schedule for these holidays shall
commence at 10:00 a,m. and end at 8:00 p.m. regardless of which party has this holiday.
18, Neither party shall engage in any disparaging comments against the other parent or step-parent
while in the presence of the child during their periods of custody with the child.
19. Neither party shall partake of any alcoholic substances, and/or drugs while operating a motor
vehicle nor shall either party drink or ingest alcohol and/or drugs in excess while in the presence of
the child.
20. The parties recognize that because they live in close proximity to one another, weather
conditions should not affect the periods of partial physical custody, unless they are so dire that it
would be a threat to the child's safety to complete any custody exchange, The party receiving
custody shall provide transportation,
21. It is hereby agreed that the child will not be removed from Ilhe school district within which she
currently is enrolled provided the mother retains a residence within such school district.
(a) Neither party will remove the child from the Commonwealth of Pennsylvania without the
express consent from the other parent. Provided consent is g~ven each party shall provide to the
other the name, address, and telephone number(s) where the parent shall be staying while outside
of the Commonwealth of Pennsylvania in case of an emergency.
(b) This agreement can be modified at any time to provide more custody to either parent but only
upon the mutual consent of both parties to this agreement, in the absence of mutual agreement
the terms, conditions, and restrictions of this agreement sha!ll be adhered to in its current form,
and substance for purposes of enforceability. The modification of this agreement, by mutual
consent shall not be permanent nor binding unless and until a substituted written agreement is
executed between the parties,
(c) The parties can agree to expand the levels of custody beyond what is provided within the
framework of this agreement as they may mutually agree from time to time, Neither party shall
restrict the other party's periods of custody as outlined within this agreement unless BOTH
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parties verbally agree to such a restriction. Notwithstanding, the verbal agreement of BOTH
parties to periods of less custody, than provided within this agreement the party agreeing to less
custody shall be entitled to rescind, such agreement at any time after consent has been given and
insist that the terms, conditions, and restrictions contained within this agreement as to periods of
custody be enforced as they are presented within the agreement.
(d) The parties memorialize their acceptance of this agreement" and intending to be legally bound
by the terms of this agreement affix their signatures hereunder.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
CHRISTINA L. HESS,
Plaintiff,
No. 00-2193
v.
Civil Action - Custody
FLOR RIVERA, JR.,
Defendant
STIPULATION FOR ENTRY OF AN AGREED ORDER OF CUSTODY
TillS STIPULATION AND AGREEMENT entered into this ~ day of
Sff-fpM b f r
2003, by and between CHRISTINA L. HESS, (hereinafter referred to as
"Mother") and FLOR RIVERA, Jr. (hereinafter refered to as " Father").
NOW TillS AGREEMENT WITNESSETH THAT:
WHEREAS, the Mother and Father are the natural parents of the following child, known by
the name of ACACIA HESS (hereinafter referred to as "Child"), and
WHEREAS, the parties wish to enter into an agreement relative to the custody and visitation of
the child,
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements as
hereinafter set forth and intending to be legally bound, the parties hereto agree as follows:
This agreement shall replace and supersede any other Orders or Agreements heretofore entered into by
and between the parties to this agreement.
I. The Mother, shall have PRIMARY PHYSICAL CUSTODY of Acacia Hess.
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2, The Father shall have PARTIAL PHYSICAL CUSTODY of Acacia Hess.
3. The parties shall have SHARED LEGAL CUSTODY of Acacia Hess.
4. Father shall have Partial Physical Custody the child consisting of the following: as enumerated within
paragraphs 5, 6, and 7,
5. Father shall have custody of the child every other weekend commencing on Friday after school and
ending on Sunday at 8:00 p,m, of the same weekend.
6. Father shall have custody of the child on Wednesday of every week commencing after school and
ending at 8:00 p.m. Wednesday evening.
7. On the Weekend that father does not have custody of the child, he shall have the Monday immediately
following Mother's weekend period of custody to commence after school and end at 8:00 p.m, of the
same day.
8. Mother shall have custody at all other days and times that the child is not in the custody of father as
enwnerated above.
9. The father shall have one week for the purpose of summer vacation to be taken during the child's
summer vacation and shall give (30) days notice of the same.
10. The Mother shalI have two weeks of custody for the purpose of swnmer vacation to be taken
consecutively or non-consecutively as determined by mother and shall provide to father (30) days
advance notice of the same.
11. The party first to give notice of their preference as to the period(s) of swnmer vacation shall have
priority. The summer vacation schedule shall supersede the holiday and regular custody schedule and
the holiday schedule shall supersede the regular custody schedule.
12. The child's birthday shall be shared as between the parties, Each party shall be entitled to no less than
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two (2) hours of custody with the child, If there is no partial physical custody scheduled on that day
and it is a school day father shall have custody of the child between 6:00 p.m. and 8:00 p.m. If it is
on a weekend that he does not have custody then father shall have the hours of3:00 p.m, to 8:00 p.m.
If the birthday falls on the father's period of custody, the same courtesy shall be afforded to mother
as provided to father at hours that will coincide with her schedule,
13, On the Thanksgiving holiday father shall have partial physical custody from 3:00 p.m. until 8:00
p.m.
14, On Easter, father shall have partial physical custody from 10 a.m. until 3:00 p.m.
15. Mother shall always have custody of the child on Christmas Eve until 12:00 p.m. on Christmas day.
Father shall have custody of the child on Christmas Day, from 12:00 p.m. until 8:00 p.m.
16. The father shall be entitled to Halloween, "Trick or Treat Night" with the child.
17. The holidays consisting of the Fourth of July, Labor Day, Memorial Day, and New Years Day, shall
alternate as between the parties on a yearly basis and the periods of custody relative to these and other
holidays not specifically treated within this agreement shall consist of periods of custody as the parties
may agree relative to their respective schedules, The schedule for these holidays shall commence at
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10:00 a.m. and end at 8:00 p.m. regardless of which party has this holiday,
18. Neither party shall engage in any disparaging comments against the other parent or step-parent while
in the presence of the child during their periods of custody with the child,
19, Neitller party shall partake of any alcoholic substances, and/or drugs while operating a motor vehicle
nor shall either party drink or ingest alcohol and/or drugs in excess while in the presence of the child.
20, The parties recognize that because they live in close proximity to one another, weather conditions
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should not affect the periods of partial physical custody, unless they are so dire that it would be a
threat to the child's safety to complete any custody exchange. The party receiving custody shall
provide transportation,
21. It is hereby agreed that the child will not be removed from the school district within which she
currently is enrolled provided the mother retains a residence within such school district.
(a) Neither party will remove the child from the Commonwealth of Pennsylvania without the express
consent from the other parent. Provided consent is given each party shall provide to the other the
name, address, and telephone number(s) where the parent shall be staying while outside of the
Commonwealth of Pennsylvania in case of an emergency.
I
(b) This agreement can be modified at any time to provide more custody to either parent but only upon
the mutual consent of both parties to this agreement, in the absence of mutual agreement the terms,
conditions, and restrictions of this agreement shall be adhered to in its current form, and substance for
purposes of enforceability. The modification of this agreement, by mutual consent shall not be
permanent nor binding unless and until a substituted written agreement is executed between the
parties,
(c) The parties can agree to expand the levels of custody beyond what is provided within the framework
of this agreement as they may mutually agree from time to time. Neither party shall restrict the other
party's periods of custody as outlined within this agreement unless BOTH parties verbally agree to
such a restriction. Notwithstanding, the verbal agreement of BOTH parties to periods of less custody,
than provided within this agreement tlle party agreeing to less custody shall be entitled to rescind,
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such agreement at any time after consent has been given and insist that the terms, conditions,
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and restrictions contained wirhin this agreement as to periods of custody be enforced as they are
presented within the agreement.
(d) The parties memorialize their acceptance of this agreement, and intending to be legaiiy bound by the
terms of this agreement affix their signatures bereunder.
Dared; ?1J.Y!fJ3
GREGORY S. lIAZLETT
ATI'ORNEY AT LAW
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ATI'ORNEY AT LAW
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Broce J. arshawsky
Attorney foJ:' Defendan
3211 North Front StJ:eet
PO Bo" 5300
Harrisburg, PA. 11110-0300
7/;),3/03
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IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the tenns hereof, set
forth th~ ~ and se~the day and year herein set forth.
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coMMONWEALTH OJ' PENNSYLVANIA
COUNTY OF cUMBERLAND : 5.5
BE IT REMEMBERED, that on thisqz19t~y of.130.pt..li~ 2003 personally appeared before
me the Subscriber, a Notary Public for the State and County aforesaid, Christilla L. lIess, party to this
Agreement, known to me personally to be sucb, and sbe acknowledged the act of signing this Agreement.
, Sworn to and subscn"bed before me the day, month and year aforesaid
NotaIiaI Seal
Heather Rothermel. NotaJy Public
Halifax Twp.. Dauphin County
My Commission ExpIres Jan. 6. 2007
M."Il1ber, Pennsylvania AsSOCiation Of Notaries
1-1- 0 1lih..2A R ~
Notary Public
. IN}'VJf1Nl!:sS WHEREOF, the parties hereto, intending to be legally bound by the ter:ms hereof. set
furlh their hands and seals the day and year herein set forth.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PltvPt{ ,,j
BE IT REMIEMBERED, that Oil lhis2.3~ay of <;;
me the Subscriber, a Notary Public for the State and c::n~'B~ 2003, pe~sonally appeared before
Agreement, known to me personall to be ty a oresald. Flor Rivera, Jr., party to this
Sworn to and subscribed before m/ the da such, anlhd hde acknowledg:d the act of signing this Agreement
Y, lJ\Qn an year aforesaid
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Notary Public rYJ5"
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NOTARIAL SEAL
CAROL A, LYTER. Notary Public
City of Harrieburg, Dtwphin County
My Commission ExpIres Dec. 28. 2004
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CHRISTINA L. HESS,
Civil Action at Law
No. Civil Do - :<'193
Plaintiff,
CUSTODY VISITATION
vs.
FLOR RIVERA, JUNIOR,
Defendant,
ORDER OF COURT
AND NOW, this ~ \ \'-\ \06 , upon consideration of the attached complaint, it is
hereby directed that the above parties and their respective counsel appear before
Esquire, the conciliator,
atc:A\..J. I .. f::><.
on the --.J \::t , day of C\~ ' 00, at q '.3D#I ,for a Pre-hearing
Custody Conference. At such conference, an effort will be made to resolve the issues in
dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by
the court and to enter into a temporary order. All children age five or older may be
present at the conference. Failure to appear at the conference may provide grounds for the
entry of a temporary or permanent order.
FOR THE COURT:
BY:~I\}{\.J,~.
Custody Conciliator ( l
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
1-800-990-9108
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
CHRISTINA L. HESS,
Civil Action At Law
Plaintiff,
Case No. b1J. Q)/9~ ~ -r~
CUSTODY
VS.
FLOR RIVERA, JUNIOR
Defendant,
COMPLAINT FOR CUSTODY
1. The plaintiff is Christina 1. Hess, currently residing at 244 West Dauphin, Enola
17025 in the County of Cumberland, Commonwealth of Pennsylvania
2. The defendant is Flor Rivera, Junior currently residing at 343 South 14th Street
Harrisburg, 17110 in the County of Cumberland, Commonwealth of Pennsylvania.
3. Plaintiff seeks custody of the following child:
Name
Address
Age
Acacia Hess
244 West Dauphin, Enola. PA
4 yrs.
4. The child was born out of wedlock.
5. The child is presently in the custody of the plaintiff, Christina 1. Rivera who resides
at 244 West Dauphin Enola, County of Cumberland, Commonwealth of Pennsylvania
5. During the past four years the child has resided with the plaintiff, mother at 244
West Dauphin, Enola, County of Cumberland, Commonwealth of Pennsylvania
6. The biological mother of the child is Christina L. Rivera, who currently resides at
244 West Dauphin, Enola County of Cumberland, Commonwealth of Pennsylvania,
7. The mother is currently separated from he father, and is divorced from the same.
8. The father of the child is Flor Rivera who is currently residing at 343 South 14th
Street Harrisburg County of Dauphin, Commonwealth of Pennsylvania
9. The father is separated but currently remains married to the mother.
10. The relationship ofthe defendant to the children is that of a biological father.
II. The Defendant currently resides with the following persons:
Name
Mrs. Mary Ellen Maugens
Relationship
Mother
12. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody ofthe child in this or another court.
13. The plaintiff has no other infonnation of a custody proceeding concerning the child
pending in a Court of this Commonwealth.
14. 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.
15. The best interest of the child and pennanent welfare of the child will be served by
Granting the reliefrequested because:
(a) The defendant to this action has not exercised a consistent pattern of visitation
with the child and has only been sporadically available to the child within the last four
years since the child's birth.
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(b) The child currently resides with his mother in the home where she has been raised
since her birth and within which he feels a sense of comfort, permanency, and
familiarity.
(c) The plaintiff mother has been, and continues to be the primary caretaker and
caregiver to the child since her birth during the father's prolonged absence from
the child's life.
(d) Plaintiff, believes and therefore avers that she can continue to provide a
predictable and stable lifestyle of which, the child has become accustomed that is, and
will continue to be in the best interest of the child during her formative years and
throughout her life.
WHEREFORE, Plaintiff, Christina L. Hess, respectfully requests for the
aforementioned reasons, that the court grant and award primary physical custody of
the child to plaintiff.
G
20 a et Street
echanicsburg, P A. 17055
(717) 790-0490
VERIFICATION
I verify that the statements made in this Complaint 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.
Date:~
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AMERICAN 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 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.
BY THE COURT:
Date:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
CHRISTIAN L. HESS,
Civil Action at Law
Plaintiff,
Case No.
vs.
CUSTODY
FLOR RIVERA JR.,
Defendant,
CERTIFICATE OF SERVICE
I, Gregory S. Hazlett, Esquire, hereby certify that service ofthe foregoing Complaint
For Child Custody was made upon defendant, FLOR RIVERA, JUNIOR by mailing,
certified mail, postage prepaid, and First Class Mail Postage Prepaid, a true copy to
defendant, FLOR RIVERA, JUNIOR at 343 South 14th Street Harrisburg, Pennsylvania
17110, on the 30th, day of March, 2000.
HAZLETT & OESTERLING
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CHRISTINA L. HESS, : IN THE OJURT OF OJMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. : NO. 00-2193 CIVIL TERM
:
FLOR RIVERA, JR., : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COORT
AND JDq, this ,l ~ day of
consideration of the attached Custody
and directed as follows:
, 2000, upon
Conciliation Report, it is ordered
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1. The Mother, Christina L. Hess, shall have sole legal and primary
physical custody of Acacia Hess, born March I, 1996.
2. The Father, Flor Rivera, Jr., shall be entitled to have periods of
visitation with the Child only as arranged by agreement of the parties.
3. The Father may file a Petition with the Court to have an
additional Custody Conciliation Conference scheduled to review the custody
arrangements.
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cc: Gregory S. Hazlett, Esquire - Counsel for Mother
Flor Rivera, Jr., Father
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CHRISTINA L. HESS, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 00-2193 CIVIL TERM'
:
FLOR RIVERA, JR., : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PRIOO JUDGE:
Edward E. Guido
CUSTODY CXNCILIATICN SUMMARY REPORT
IN AccaIDANCE WITH CUMBERLAND COlJNTY" RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Acacia Hess
March I, 1996
Mother
2. A Conciliation Conference was held on June 7, 2000, with the
following individuals in attendance: The Mother, Christina L. Hess, with
her counsel, Gregory S. Hazlett, Esquire. The Father, Flor Rivera, Jr.,
did not attend the Conference or contact the Conciliator.
3. The Mother's counsel indicated that he served the Father with
notice of the Conciliation Conference by both certified mail and regular
mail. Although the certified mailing was returned undelivered, the regular
mail was not. According to the Mother, the Father indicated in a telephone
conversation with her prior to the Conciliation Conference that he had
received notice and had no intention of attending.
4. The Mother filed this Petition for primary physical custody of the
Child, who has been in the Mother's custody since birth. According to the
Mother, the Father has only had contact sporadically with the Child since
birth and last visited with her during the first week of March, 2000. The
Mother stated that the Father has refused to provide her with his address
and telephone number and she has been using the Father's Mother's residence
as the Father's mailing address. The Mother believes the Father has no
interest in having custody of the Child and has refused to disclose his
whereabouts due to 3 or 4 bench warrants which are currently outstanding.
5. This Court previously entered a Protection From Abuse Order on May
5, 2000, which also grants primary physical custody of the Child to the
Mother.
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6. Based on the representations of the Mother and her counsel at the
Conference and the fact that the Father did not attend or contact the
Conciliator, the Conciliator recommends an Order in the form as attached.
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Dawn S. Sunday, Esquir
Custody Conciliator
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CHRISTINA L. HESS
PLAINTIFF
IN THE caURT 'OF caMMaN PLEAS 'OF
CUMBERLAND CaUNTY, PENNSYLVANIA
v.
00-2193 CIVIL ACTIaN LAW
FLOR RIVERA, JR.
DEFENDANT
IN CUSTaDY
'ORDER 'OF C'OURT
AND Naw, Tbursday, August 14, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawu S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mecbanicsburg, PA 17055 on Tuesday,September16,2003 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 defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl(.
FaR TIIE caURT,
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
(J
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.
yau SHaULD TAKE, ;rlIis PAPER Ta yaUR <\TT0RNEY ATONCE:: iF yaU Da NaT
HA VB AN ATTaRNEY 'OR CANNaT AFFaRD 'ONE, Ga Ta 'OR TELEPHaNE rUE 'OFFICE SET
FaRTH BELaW Ta FIND 'OUT WHERE you CAN GET LEl;OAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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CHRISTINA L. HESS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-2193 Civil Term
FLOR RIVERA, JR.,
Defendant
CIVIL ACTION -- LAW
IN CUSTODY
ORDER
AND NOW, this _ day of , 2003, upon consideration of the attached
Petition to Modify Custody Order, it is hereby directed that the parties and their respective counsel,
appear before , the conciliator, on the _ day of
2003, at .m., 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 defme and narrow the issues to
be heard by the Court, and to enter into a Temporary Order. All children age five or older may also be
present at the conference. Failure to appear at the conference may provide grounds for the entry of a
temporary or permanent Order.
BY THE COURT:
Dated:
By:
Custody Conciliator
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013-3387
PHONE: (717)249-3166
Document #: 206559.1
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CHRISTINA L. HESS,
Plaintiff/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-2193 Civil Term
FLOR RIVERA, JR.,
DefendantlPetitioner
CIVIL ACTION -- LAW
IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, this IJ-"jY\day of k vt"?/l) r ,2003 comes the Petitioner, Flor Rivera, Jr., by
and through his attorney, Bruce J. Warshawsky, Esquire, and the law firm of Metzger, Wickersham,
Knauss & Erb, P.C., and files the within Petition of which the following is a statement:
1. Petitioner is Flor Rivera, Jr., natural father (hereinafter "Father") of one minor child,
Acacia Hess (date of birth is 3/1/1996) (herinafter "minor child").
2. Respondent is Christina L. Hess, natural mother (hereinafter "Mother") of the minor
child.
3. On or about, June 13, 2000, and Order of Court, a true and correct copy of which is
attached as Exhibit "A", was issued granting Mother sole legal and primary custody of the Minor Child
following a custody conciliation conference in which Father did not participate since he was incarcerated
in Cumberland County Prison.
4. The June 13,2000 Order provides that Father shall be entitled to have visitation with the
Minor Child only as arranged by agreement of the parties.
5. Since the entry of said Order, there have been significant changes in the custodial
circumstances in that:
(a) On February 26, 2001, a Final Order of Court was entered in a Protection From
Abuse matter filed by Mother against Father. A true and correct copy of the
Final Order of Court is hereby attached as Exhibit "B." Pursuant to the terms
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and conditions of the aforementioned PF A Order, all provisions of the Order
expired on August 26, 2002.
(b) Since March, 2001, Father has been actively involved with the Minor Child in
the following manner:
1. Beginning in March, 2001, he visited with the Minor Child with a third-
party present.
2. Father has remarried, Crystal Itri (maiden name) Rivera, on August 10,
2002.
3. Father currently resides with his new wife and stepson at 907 Chester
Road, Unit E, Enola, PA 17025, a two bedroom townhouse where he
has been living for over a year. Petitioner's stepson has a bunk bed in
which the Minor Child may sleep. Since marrying, the Minor Child has
spent overnights and holidays with Father and his new wife, without
incident.
4. In February, 2003, Father requested that Mother permit Minor Child to
accompany Father and his new wife to the beach, to new wife's parents
summer home with established address and phone number for contact,
which Mother would not permit.
5. Father last saw the Minor Child on August 2, 2003, but visitation since
July 11,2003 has been sporadic. Father and Mother had agreed that the
Minor Child could spend the Fourth of July weekend with Father and
Mother reneged on this agreement and refused to answer phone.
6. Mother recently moved on July 1, 2003 to 407 E. Beaver Avenue,
Enola, P A 17025 and changed her telephone number to an unpublished
number, which was not provided to Father until 7/23/03 after numerous
cell phone messages were left.
7. Father and Mother live five minutes apart and the Minor Child is
preparing to enter second grade and does not ride a bus to school.
8. Father wishes to participate in the Minor Child's school activities and
take a more active role in the Minor Child's life.
6. Father seeks partial physical custody on Wednesday, Friday and at least every other
weekend, holidays, and at least one week in the summer.
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7. The best interest of the Minor Child will be served by the Court in modifying said
Order.
8. Father respectfully requests that the Custody Order be modified confirming that Father
and Mother have shared legal custody and Father has generous periods of partial physical custody of the
Minor Child, while Mother remains the primary physical custodian.
WHEREFORE, the Petitioner, Flor Rivera, Jr., respectfully requests that this Honorable
Court grant the modification of the Custody Order as set forth above.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Bruce J. Wi hawsky, Esqui
Attorney LD. No.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Defendant/Petitioner
Date: August 12,2003
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VERIFICATION
I, Flor Rivera, Jr. hereby certify that the facts set forth in the foregoing Petition to Modify
Custody Order are true and correct to the best of my knowledge, information and belief, and that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn
falsification to authorities.
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CHRISTINA L. HESS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 00-2193 Civil Term
FLOR RIVERA, JR.,
Defendant
: CIVIL ACTION -- LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
AND NOW, this 121h day of August, 2003, I, Bruce J. Warshawsky, Esquire, of Metzger,
Wickersham, Knauss & Erb, P.C., attorneys forFlor Rivera, Jr., hereby certify that I served a copy of
the within Petition to Modify Custody Order this day by depositing the same in the United States
mail, certified mail and first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Christine L. Hess
407 E. Beaver Avenue
Enola, P A 17025
Gregory Hazlett
Hazlett & Oesterling
20 S. Market Street
Mechanicsburg, P A 17055
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
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Bruce J. War awsky, EsqUIre
Attorney LD. No.
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Attorney for DefendantJPetitioner
(717) 238-8187
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTINA L. HESS
vs.
00-2193
CIVIL ACTION LAW
FLOR RIVERA, JR
Defendant
IN CUSTODY
ORDER
AND NOW, this 23rd day of September. 2003 , the conciliator, being advised by
counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes
jurisdiction.
FOR THE COURT,
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Dawn S. Sunday, Esquire
Custody Conciliator
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CHRISTINA L. HESS,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-2193 CIVIL TERM
v.
FLOR RIVERA, JR.,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this 2nd day of June, 2004, it is hereby
ordered and directed that the stipulation for entry of custody
order attached to this order is adopted as an order of court.
Provided, however, that Paragraph 5 of the stipulation shall be
deemed to be deleted and have no further effect.
Either party may petition the Court to reinstate
the October 6, 2003, custody order when he or she deems it
appropriate.
~ann Murphy, Esquire
For the Plaintiff/Petitioner
~ce J. Warshawsky, Esquire .>
For the Defendant/Respondent
~ Rivera, Jr.
c/o Flor Rivera, Sr.
316 Hummel Street
Harrisburg, PA 17104
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANlA
CIVIl, ACTION - LAW
CHRISTINA L. HESS,
Plaintiff
v.
: NO. 00-2193
FLOR RIVERA, JR.,
Defendant
: IN CUSTODY
STIPULATION FOR ENTRY OF CUSTODY ORDER
CHRISTINA L. HESS (hereinafter referred to as "MOTHER"), and FWR
RIVERA, JR. (hereinafter referred to as "FATHER"), desiring to amicably resolve the
current outstanding issues regarding custody of their daughter, ACACIA HESS, born
March 1, 1996, the minor child involved in this action, hereby stipulate and agree to the
entry of an Order of Court as follows:
1. The parents agree to temporarily suspend the Custody Order dated
October 6, 2003.
2. The parents agree that MOTHER shall have primary physical custody of the
minor child.
3. The parents agree that FATHER shall have visitation with the minor child
with specific days and times to be mutually agreed upon by the parents, with the intent of
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maximizing contact between FATHER and the child as much as practicable.
4.
FATHER.
MOTHER agrees to allow reasonable telephone access between the child and
5. The parents agree that they shall attend another four- party-conference with
their respective attorneys on June 10, 2004 at 1:00 p.m. to re-address the custody issue and
attempt to negotiate an expanded custody schedule for FATHER. In the event that
agreement cannot be reached, either parent may file a Petition with the Court.
6. The parents agree that this Stipulation shall be submitted to the Court of
Common Pleas of Cumberland County, Pennsylvania for approval and for entry of an Order
awarding custody as set forth herein.
7. The parents hereby request that this Honorable Court enter such an Order
which shall replace and supercede any and all prior Custody Orders and shall remain in full
force and effect pending further Order of Court.
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-2193 CIVIL TERM
CHRISTINA L. HESS,
Plaintiff/Petitioner
FLOR RIVERA, JR.,
Defendant/Respondent
IN CUSTODY
ORDER OF COURT
AND NOW, this 2nd day of June, 2004, upon the
oral motion of Bruce J. Warshawsky, Esquire, he is granted leave
to withdraw from representing Mr. Rivera in any further
proceedings.
Edward E. Guido, J.
~aryann Murphy, Esquire
For the Plaintiff/Petitioner
~ruce J. Warshawsky, Esquire
For the Defendant/Respondent 7
~r Rivera, Jr.
c/o F10r Rivera, Sr.
316 Hummel Street
Harrisburg, PA 17104
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CHRISTINA L. HESS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
~`~" 2000-2193 CIVIL ACTION LAW
FLOR RIVF.RA, JR
IN CUSTODY
DI:FI'.NUANT
ORllER OF COURT
ANf) NOW, Wednesday, June 30, 2010 ,upon consideration of the attached Complaint,
it is hercb~~ directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliatpr,
at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, July 26, 2010 at 3:00 PN1
for a i're-Haring Custody Conference. At such conference, an effort will be made to resolve tl7e issues in dispute; or'~
it'tllis cannot he accomplished, to define and narrow the issues to be heard by the caurt, and to enter into a temporary
t~rder. T~ailt.+re to appear at the conference may provide grounds for entry of a temporary or permanent order.
"1'he court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: !s! Dawn S. Sund_,y, Esq.~~
Custody Conciliator
"The Court of Gammon Pleas of Cumberland County is required by law to comp{}` with the Americans
with Disabilites Act of 190. For information about accessible facilities and reasonable accommodations
a~°ailahle. 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 YO ~~ O ~T
HAVE:; AN A"T'TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF E S~f
FORT{-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. n~~~ ~ ~~
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~`~umberland County Bar Association ~ ;' . ~ ~'~
32 South Bedford Street ~„ _.
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r}-Cj ~~~ Carlisle, Pennsylvania 17013 ~°~ """ ;~-~C~
~`~ ~ ~~_( Telephone (717) 249-3 l66 ~
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~ ~ ~ l0 ~ ma; ~~ ~-~ S~.nd
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CHRISTINA L. HESS IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 2000-2193 CIVIL ACTION LAW
FLOR RIVERA, JR.
Defendant IN CUSTODY
ORDER OF COURT
` ~.--
AND NOW, this / ~ day of 2010, upon
consideration of the attached Custody Conciliation Report, is ordered and directed as follows:
1. The prior Order of this Court dated June 2, 2004 shall continue in effect.
2. The Mother, Christina L. Muretic, formerly Hess, shall have sole legal custody of Acacia S.
Hess, born March 1, 1996.
3. The Mother shall be entitled to obtain a passport for the Child for purposes of vacation
based upon her authority as legal custodian.
BY T ,
Edward E. Guido J.
ccstina L. Muretic -Mother
Flor Rivera, Jr. -Father
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