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HomeMy WebLinkAbout01-2416 FX . . ,-, "., <ii_,_'." ." I :.;. j-.., , -" -.:':-/.k.c~-(;-,,~-;,,-'c-C:;r;;,v'; "---~'_ _c' ,-..; , '-"h_";, ~1:, .. .. Mark A. Hess, Sr., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 01-2416 Renee S. Hess. Defendant CIVIL TERM : CIVIL ACTION - CUSTODY PRE-HEARING MEMORANDUM AND NOW comes the Defendant, Renee S. Hess, by and through her Attorney, Galen R. Waltz, pursuant to the October 23, 2002 Court Order directing the filing of this Memorandum. HISTORY: 1. By Order of Court dated August 3,1999 the Honorable Judge Bayley provided physical custody of Mark A. Hess to the Mother, Renee S. Hess, while also providing that Father shall have visitation with his son "every other weekend from Saturday morning at 9:00 AM until Monday either before school or before Father goes to work, and at such other times as the Parties may agree." 2. On or about April 18, 2001, a Complaint for Custody was filed by the Father seeking "primary residential custody" of his son. Subsequently, a June 27,2001 Court Order was issued providing for shared legal custody between Mother and Father of Mark A. Hess, Jr. The Court then proceeded to indicate the physical custody / visitation in a detailed manner. 3. On or about September 4,2002, Mark A. Hess, Sr., Plaintiff, filed through his counsel, Sally J. Winder, a Modification of Complaint for Custody. A Conciliation ' Conference relative to the Modification for Complaint of Custody was held before Hubert X. Gilroy, Esquire on Thursday, October 10, 2002 wherein a Court Order dated October 23, 2002 issued setting forth the Hearing on matters alleged in the Modification of Complaint for Custody on December 18, 2002 at 8:45 AM. For a second time, Father seeks primary residential custody of the child, Mark A. Hess, Jr. "~'W,_ ISSUES: LAW: 1. Whether primary physical custody should be provided to one of the natural parents? Suggested Answer: Yes, primary physical custody should be provided to the Mother, . Renee S. Hess. II 0"- ~" ~ , - 'I ,~-"' ,"J;- ,- b - ';,;~~; ';~i.;;';~""'0'~ : , ":>'''''-~~ i .. FACT: 1. Whether or not either parent has been uncooperative regarding the visitation oftheir son? Suggested Answer: Mother has been cooperative; Father has been rigid and unyielding. 2. Whether or not either parent has been negligent in their supervision of the child's evening activities and school preparation? Suggested Answer: Mother has been a positive force in the child's preparation for school. 3. Whether or not Mother provides proper supervision to the child, specifically whether Mother's supervision was proper when the child was allegedly "burned in a fire at the grandparents?" Suggested Answer: Child was not bumed and the supervision and after-care performed by the mother was proper. 4. Whether or not Mother provided proper supervision and after-care for the child after allegedly being "bitten by a dog?" Suggested Answer: Proper supervision and after-care was provided by Mother for what has been described by Physician's Assistant Bruce Kipp as "superficial." 5. Whether or not Mark S. Hess, Jr. has been deprived of nourishment by either parent? Suggested Answer: The Mother has provided Mark Hess, Jr. not only nourishing meals, but alternative nourishing meals when the child chooses to refuse to eat the main course. LIST OF WITNESSES: Robert Walter, Supervisor at Dept. of Health, Cumberland County State Heath Center, 431 East North Street, Carlisle, PA. Mr. Walter shall testify by telephone in order to authenticate the June 7, 2002 letter that was drafted advising that a report was issued pertaining to the dog that bit Mark Hess, Jr. Physician's Assistant Bruce Kipp, Belvedere Medical Center Family Practice, 850 Walnut Bottom Road, Suite 101, Carlisle, PA. Physician's Assistant Kipp will testify that he saw Mark Hess, Jr. May 30, 2002, and will authenticate his report indicating that the puncture and abrasions that he observed from the dog bite on 5/28/02 were superficial, that there was no redness, swelling or infection and that Mother's attention to the matter was appropriate under these circumstances; in addition, he will testify that he recommended that Mother report the incident to the appropriate authorities. . :1 ...._"" --<- J ~ " ,. _, ' ,-,,, <"'"it --I , ,,'.-'- ,--_.,', -_'-..k~;-~,-i-'f.>;';;'-_;?_< '-, .. Vickie Slusser, 825 Possum Lake Road, Carlisle, P A, maternal grandmother. Ms. Slusser will testify to the events, circumstances and observations of Mother's supervision and treatment surrounding the alleged child "being bumed in a fire at the grandparents." Additional testimony will be solicited from Ms. Slusser regarding the nourishment provided by Mother to the son and, in particular, the son's reluctance to eat what is set before him when he is "playing and surrounded by other playful children." Renee S. Hess, natural mother, will explain and refute remaining allegations existing within the Complaint. It is expected that the examination of the above-listed witnesses will consume approximately 30 minutes. The Defendant reserves her right to amend this Memorandum prior to the Hearing. Respectfully submitted, Ga R. Waltz, Esquire South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant ii II . .,- '",,-c' 'C;:'., ,.:;,' 'I -'j-'.'-=-"-""..;/;;- , ,'-, -, ,-. 'c~ k '. '!rift&' CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Pre-Hearing Memorandum upon Sally J. Winder, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the ~ fi. day of DeLee...)"..,; , 2002, from Carlisle, Pennsylvania, addressed as follows: Sally J. Winder, Esquire 701 East King Street Shippensburg, P A 17257 TURO LAW OFFICES c' Galen R. Waltz, Esquir 28 South Pitt Street Carlisle, P A 17013 (717) 245-9688 Attorney for Defendant " :1 II - , " ' ,- ,;.., , ~ ~_'A' '~f'-~J--<-',"-~'" '-,' '. ;"', ,. +,. - .... \ MARK A. HESS, SR. Plaintiff v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 01-2416 CIVIL :IN CUSTODY RENEE S. HESS, Defendant Plaintiff Father's Pre-hearing Memorandum Statement of Facts. There is an existing Order dated June 27, 2001. Pursuant to that Order the days and times for Father to exercise custody are set out according to an agreement reached before the Conciliator. At present, the issue before the Court is the primary residential and physical custody of the nine year old minor child, Mark Hess, Jr. Under the existing Order and the practice of the parties, Father has provided the day to day nurturing and care ofthe child during the Summer school vacation time and has generally had the child on alternating weekends. During the school year, the child is primarily with Mother and Father has the child on alternating weekends and during Christmas vacation from school during the day when he is not working. Mother has allowed the child to be truant from school and does not provide proper supervision, of the child. She does not help him with schoolwork or reading which he desparately needs; Father does when he sees the child. Mother allows the child to stay up late which accentuates to the child's problems at school since he is tired and doesn't want to focus on schoolwork. Mother is short tempered and picks arguments and fights with Father or alternatively, will not talk to Father at all about the custody issues. Father objects to Mother's arbitrary decisions to keep the child for occasions she desires the child to attend and her fuilure to then trade weekends or provide for time with Father. Father believes that the child would be best served by allowing the child to live with him primarily and visit with the Mother on alternating weekends and holidays as Father spends the majority oftime with the child during the Summer and provides fir his care and nurturing. Father is the parent who primarily clothes, feeds, and provides for the " 'J ',-,j._=--- j-' ,,' ,,',- , ~ iI~~ ... . "" 1 medical and dental care of the child. Father is the one who usually takes the child to the doctor and the dentist; Father was concerned that the child was bitten by a dog. Mother didn't take the child to the doctor until two days after it happened. This illustrative of Mother's lacadaisical attitude when it comes to caring for her son. Legal Issue. The primary issue is the primary custody of this child. The best interests of this child are in living with the parent who is most likely to encourage his educational endeavors and create for him a stable routine homelife. That parent is the one who makes sure he has regular meals, makes sure he goes to bed at night, makes sure he goes to school; helps him to learn to read, write, add, and subtract. That parent is also the one who is most co-operative in providing for a nurturing and loving environment for the child. Father provides such a home. Father's hands are tied when Mother lets the child stay up late on school nights; doesn't make him go to school; lets him control her and abdicates her position as parent and guardian ofhis welfare. Witnesses. Carrie and Morris Hess, Ritner Highway, Carlisle, P A. Mr. and Mrs. Hess are the child's grandparents. They enjoy a close relationship with the child and live nextdoor. Mark, Jr. likes to spend time with his grandparents and especially his grandfather. The Hess's will testuy to the Mother's short temper and her lack of co-operation concerning the child. They will further testuy to her agrumentativeness and the ill effect it has on the child. They will testuy that Father has provided clothing, meals, nurturing for the child and that the child would be best served by living with his Father. Mark A. Hess, Sr. will testuy as to Mother's unwillingness to discuss custody or childcare matters with him. Mother doesn't tell him her work schedule which results in problems of not knowing where the child is to be at times. Mother at times will not answer her door when he goes to pick uo the child; will refuse to answer her phone; will say she is going to make doctor or dentist appointments but then never does. Mother wants to keep the child for occasions such as a wedding in September but refuses to switch weekends . ".' - ,";;;, ~_ '_,j; I, ',,;-' ~ ~-- , --l!.'i~ .- , .... . with Father. Mother neglects to make sure the child is going to bed on time and allows the child to miss days of school when he is not ill. Mother does not work with the child on schoolwork despite requests by his teachers and the school to do so. Carol. Father's girlfriend will testify to the lack of communication between Father and Mother and the arguments started by Mother which adversely impact on the child. She will testify as to the excellent relatioonship between Father and child and Father's care and focus on the child. Time of hearing. One-half day. Respectfully submitted, Sally J. W der, Esquire Attorney for Plaintiff 9974 Molly Pitcher Hwy Shippensburg, P A 17257 .' ~~ "-.' , -,~ W~-i . . . . " MARK A. HESS, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW RENEE S. HESS, NUMBER: 2001 - ,.J'I/~ CIVIL TERM IN CUSTODY .,:~ 4: .:' , Defendant ORDER OF COURT AND NOW, respective counsel appear before . 2001, it is hereby directed that the parties and their . the Conciliator, at . on the day of ,2001, 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 define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. . For the Court, By: Custody Conciliator YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 " '-, , - l.' -~ ,--'.j ,'1-""""- . ,-,_,c_ '-"':';"l;.i; MARK A. HESS, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW NUMBER: 2001 - 2416 CIVIL TERM RENEE S. HESS, IN CUSTODY Defendant ORDER OF COURT AND NOW, respective counsel appear before , 2002, it is hereby directed that the parties and their , the Conciliator, at , on the day of ,2001, 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 define and narrow the issues to be heard by the Court, and to enter into a temporary Order. All children age five or older may also be present at the comerence. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. For the Court, By: Custody Conciliator YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~. -. '11':~i1 MARK A. HESS, SR. I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW RENEE S~ HESS, NUMBER: 200' - ~ 'I It. CIVIL TERM IN CUSTODY Defendant ., 4:,' , COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, Mark A. Hess, Sr., by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The Plaintiff is Mark A. Hess, Sr., residing at 2091 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. . 2. The Defendant is Renee S. Hess, residing at 45 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 3.. Plaintiff seeks Primary Residential Custody of the following child(ren): Mark A. Hess, Jr., born Aprl125, 1993. The child was not born out of wedlock. The child is presently in the custody of Mother pursuant to a temporary order dated August 3, 1999, a copy of which is marked "Exhibit;':' attached hereto, who resides at 45 Betty Nelson Court, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: with both parents at 2091 Ritner Highway, Carlisle, Pennsylvania, from birth until mother moved out in January 1999; with Mother ha1fthe time and father ha1fthe time from January 1999 until Summer 2000, Mother then having an address of 528 Third Street, Carlisle, Pennsylvania; with Mother primarily at 45 Betty Nelson Court, Carlisle, Pennsylvania at present. The mother of the child(ren) is Renee S. Hess, currently residing at 45 Betty Nelson Court, Carlisle, Pennsylvania. She is divorced from Father. The father of the child is Mark A. Hess, Sr., currently residing at 2091 Ritner Highway, Carlisle, Pennsylvania. He is divorced from Mother; a divorce decree was entered in Cumberland County, January 30,2001. ~"'='-' ll\R.-, 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following person(s):no one other than his minor son who is there every other weekend and days in between. 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following person(s): none. 6. Plaintiff has 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: Cumberland County, civil action 99-4521 Civil, a protection fron abuse petition where the petition was dismissed except for the August 3, 1999 order of custody and the support appeal hearing listed as 7 Support 1999 where there was a modified Support order entered based upon the split custody arrangement. Both matters were heard by Judge Bayley. Plaintiff has no information of a custody proceeding concerning the child(ren) tiled in a Court of this Commonwealth. The Court, term, and number, and its relationship to this action is: Plaintiff does not know of a person not a party to the proceeding 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: 7. The best interests and permanent welfare of the child, will be served by granting the rellefrequested because the child spent the majority of his time with his Father while he was in kindergarten. At present Mother is refusing to allow Father regular contact with his son and making excuses that she is not working. The child is doing poorly in school and not working up to grade level; Mother will not help him with his school work and allows him to often be truant. The child has stated that he wants to live with his Father. Father therefore believes and states that the child will receive the nuturing love and upbringing he needs by residing primarily with Father. Father presently is the parent who primarily provides nuturing care and it is in the child's best interest that primary custody be placed in the father. 8. 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. .if. WHEREFORE, Plaintiff requests the Court to grant Primary Residential Custody of the child to Mark A. Hess, Sr. subject to reasonable rights of visitation and partial custody in the Mother. Respectfully submitted, ~~~ Attorney for Plaintiff ,~-~> ". - .. - , j "'~~"'"-~,;..,,"if-) VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 1 SPa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: tj-J'Pi-O I m-if 4, ~,/) Sr MARK A. HESS, SR. '""" I'liidll ~"~ ""'""""" " ~ ~"-;.~,,",,--, , -, .-~ '--f,- " RENEE S. HESS, PLAINTIFF ; 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARK A. HESS, SR., DEFENDANT ; 99-4521 CIVIL ORDER OF COURT AND NOW, this ~~ day of August, 1999, this temporary order is entered pending any further order entered in any separate custody case that may be instituted by either party: (1) The mother, Renee S. Hess shall have physical custody of Mark A. Hess, Jr. (2) The father, Mark A. Hess, Srp shall have the child; (a) every other weekel1d from Saturday morning at 9:00 a.m. until Monday either before sphool or before he goes to work; and (b) at such other times as the parties may agree. By the Court, Lisa Greason, Esquire For Plaintiff Sally J. Winder, Esquire For Defendant , :saa TRUE C")PY FROM RECORD In '[ 'im'l',' ;, r,.of, I here unto set my hand and lhe ""ill of said Court at Carlisle, Pa. This".J..~"" day oL..~"....., 19..f.t JA~J. . -e' _u.,uuu'~."f.'r~7....a...f.......~....,.---.. oD~' Prothonota/y ~. -'I., , . ;.k..,( 1 . MARK A. HESS, SR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs CIVIL ACTION - LAW NUMBER: 2000- RENEE S. HESS, CML TERM IN CUSTODY Defendant Moi)lflun,ClN 01= COMPLAINT FOR CUSTODY COMES NOW, the Plaintiff, Mark A. Hess, Sr., by and through his counsel, Sally J. Winder, Esquire, and does represent as follows: 1. The Plaintiff is Mark A. Hess, Sr., residing at 2091 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Renee S. Hess, residing at 45 Betty Nelson Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff seeks Primary Residential Custody of the following child(ren): Mark A. Hess, Jr., born April 25, 1993. The child was not born out of wedlock. The child is presently in the custody of Mother pursuant to a temporary order dated June 27,2001, a copy of which is marked "Exhibit A" attached hereto, who resides at 45 Betty Nelson Court, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: . with both parents at 2091 Ritner Highway, Carlisle, Pennsylvania, from birth until mother moved out in January 1999; with Mother half the time and father half the time from January 1999 until Summer 2000, Mother then having an address of 528 Third Street, Carlisle, Pennsylvania; with Mother primarily at 45 Betty Nelson Court, Carlisle, Pennsylvania at present. The mother of the child(ren) is Renee S. Hess, currently residing at 45 Betty Nelson Court, Carlisle, Pennsylvania. She is divorced from Father. ,. "' -"", -:.. '",: , . The father of the child is Mark A. Hess, Sr., currently residing at 2091 Ritner Highway, Carlisle, Pennsylvania. He is divorced from Mother; a divorce decree was entered in Cumberland County, January 30, 2001. 4. The relationship of Plaintiff to the child is that of natural father. The Plaintiff currently resides with the following person(s): Carol Abyand his minor son who is there every other weekend and days in between. 5. The relationship of Defendant to the child is that of natural mother. The Defendant currently resides with the following person( s): none. 6. Plaintiff has 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: Cumberland County, civil action 99-4521 Civil, a protection fron abuse petition where the petition was dismissed except for the August 3, 1999 order of custody and the support appeal hearing listed as 7 Support 1999 where there was a modified Support order entered based upon the split custody arrangement. Both matters were heard by Judge Bayley. Plaintiff has no information of a custody proceeding concerning the child(ren) filed in a Court of this Commonwealth. The Court, term, and number, and its relationship to this action is: Plaintiff does not know of a person not a party to the proceeding 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: 7. The best interests and permanent welfare of the child, will be served by granting the relief requested because the child spent the majority of his time with his Father while he was in kindergarten. At present Mother is non-cooperative. Mother has not been telling father when she is off work and therefore the child is not coming to father's house during mother's work hours. Mother has been letting the child stay up extremely late at night which is detrimental to the child's school performance and learning. Mother does not properly care for and supervise the child resulting in such problems as the child being burned in a fire at the grandparent's; getting bitten by a dog and no immediate medical care being provided for the bite; sending the child to Father's house so hungry that he is crying. Father therefore believes and states that the child will receive the nuturing love and upbringing he needs by residing primarily with Father. Father .~ .--,," ,'" -~-, ---1~1!~.';:' , , presently is the parent who primarily provides nuturing care and it is in the child's best interest that primary custody be placed in the father, 8. 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, Plaintiff requests the Court to grant Primary Residential Custody of the child to Mark A. Hess, Sr. subject to reasonable rights of visitation and partial custody in the Mother. Respectfully submitted, J()jvvL Sally J. inder, Esquire Attorney for Plaintiff ,,~-'". , ,-.....:,;. _'l , -", ~~ '.;1:;-" ;d ~.-,'.;- ':.:J,...". ,~--_ ~J" ~'."'''_; VERIFICATION 1 verifY that the statements made in this complaint are true and correct to the best of my personal knowledge 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. Date: c;,t(- 0;;2. ~/~s/ MARK A. HESS, SR. !,',',,<"'~:<itl;j~,t;;'i'~';;i ,,' , ," '_ - ,',", ',; , AND Now,fi;i~i.f/~l7 day of June, 2001, upon consideration of the' attached" Custody Conciliation Report,' it is ordered and directed that this Court's prior Order of August 3, 1999 is vacated M!lreplaceqwith the following Order of Court: ,t .-::'-'.1.. ':}~:,\l.Jj,-,.;'-:, ;:',,' f t';;('TII::'I1ieMi>ther, Renee S. Hess, and the Father, Mark A. Hess, Sr., shall enjoy shared I~gal custody of Mark A. Hess, Jr., born April 25, 1993. ;._{,:~,;:'jri\,'i<U,';" ' '2, ."':",:;Physical custody shall be handled as follows: A. During the sununer months, Father shall have custody on alternating weekends pursuant to the parties previous s~hedule. Additionally, Father shall have custody during the day on weekdays when Father is off work. This provision is entered based upon the assumption Father is working 3 to 11 on weekdays. Mother shall have custody of the minor child during other times in' thesJJmiller months. However, each party would be entitled to one weeks vacation to be arranged at least thirty (30) days in advance, with the understanding . that the vacation is a time when the parties will be leaving the Central Pennsylvania area, and also with the undemanding that in the event the parents do not have time off from work, the maternal or. paternal grandparents may take the child out of town for vacation. '-"""',,"W-".li=lYBIIIOIElMI_ -. ';~, ;~ '::-r,t'i~~ 'ic:; ':'! I ,~_"j : MARK A. HESS; SR., Plaintiff , ." v. RENEES.HESS, . Defendant ; ,.,",\' :': . I, ) 'j',,", . '" . ,~ ~~' ~Ilii$ ,,' ~(i" JUN 2 S2001W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2416 CIVIL IN CUSTODY COURT ORDER B. During'the school year, the same alternating weekend.Schedule shall continue. Additionally, Father shall have custody with the minor child on those days the child is off from school and Father is not working, on the condition that Father is available and taking care of the child. Also, when the child is off school during the Christmas break and except Tor The specific, Christmas holiday that is llddressed below, Father. shall have custody during the day when . Father is off work. .. '",..j "..:~ '':;',ji('~J :',i"" )'. "':K "i,'I;;:;:' ~;",:;~.,~~,'.:.-_TJj. ,,":i' j.1,':(\-.th.,":.',_r"c)''o'\I!j,' , ,", -, :'", ;, '--,' :' ~), ~:="I'''''''''~lliilIiIa!I!tli'~~~ --~ "~ , ~- .- I ,~;".~ ~ ., '~ i1iltP ~;.;.;;.'.j..".'....".' "j-;"'", ",:!,,, ! -\,-:'_!,;," . "', , .-1>--'!,':-_",'" ,;::>\':'-1;'\;: ;'!,i,."', , ' -..:',1,' !, 3' '.1 The Christmas holiday shall be divided into two segments. The first segment being from December 24'" at Noon until December 25'" at Noon, and the second segment being from December 25'" at Noon until December 26'" at Noon. The parties shall alternate custody of the minor child on these two segments with the Father enjoying the fU'St segment for Christmas 200 I. \,1,,;,.,' '" 4. The parties shall also alternate major holidays to include New Year's Day, Easter, Labor Day, July 4"', and Thanksgiving. The timeframeshall be 9:00 a.m. until 8:00 p.m., with Mother starting the alternating rotation on July 4,2001. ..', 5.' 'ThI',M9thershall always have custody on Mother's Dayand the Father shall always hav~ custody on Father's Day. The timeframe being from 9:00 a.m. until 8:00 p.m. . This provision and the holiday schedule set forth above shall supercede the , ilJteqlat,ing weekend schedule. . ;"'" , ",!; _'~;i7;,'.:~,~':i.:;,~,;~\<',' : -',_ , ,;, 6JI',,~'''1.l1~:partiesmay alter this schedule as they may agree. However, if the parties . .. ':, CllJll1~t ~. the schedule outlined in this Order shall control. i;.. , ,'-,' , .., -',' '" ::. . '7J<\fi.I"'-Pus>:order is entered pursuant to an agreement reached by the parties at a Custody .' Conciliation Conference. In the event either party desires to modify this Order, that " party I may petition the court to have the case again scheduled with the Custody . ,e 9QncUiator. :':!,;: L ; r~'::J!:~i:i~~r i:;,,:t~!-:>..~, ! ,I(.t.c,' "1,,,..,l'),_,.,,-!..1 :' ':~:/F,r,':'?~Uy~~::~~{~~~t, j;:. i.." , ), ,,;1"'__1'''''1'7'' --l, , jl'~'~~,,),: " j ,', ''-,-" , " '( r , . ,'" ,,',' '~ "('d-:i:il'{~:~:8;l::~;i~:':t/(~-;;,;,~";' _ ' BY THE COURT, J5/ t4h11i&p Edgar Bayley Esquire Esquire '. <. .. ,>,". " .' i. 1 . ~ .... ''''''''''o_''''~'''',.-JI . ;_./...",,~ ~,~"""Tr " .,..~Lf...,~~ :m!ffili"iill:l.!ili,lci';l\.~-lhii.i(;jM~;&~,;j~%.&"~\l3'.;;.i.!ll""~~"""-;jtillj,,,,iliP,jj~'1,'!~,)Jti,i,,,,,.fj.:i;;..;J;~,,,;,(,j~,,:-&,,,",tB"~~~ ,0' ;.0__ M _M'M_Y~ ~~. '-, ,= . ^" ~~" "'''''~'''''~''' ~ -~< ~~ ~'''':lf III lII!oiIiWi!ll~lillil!ll!j!'lltn~,;~Iiil*!l'U -- "'0, (") 0 C} C r~. '1 -1'1 ~ \-::1 ~~, U) -aD'::' r'l 0: rnLl-, -:J Z-'.; ZC I \'0 if UJA"--: en -..:: ~~ '~~~r,? ~ , ~:':C1 ""'" ~ . . :!>C --':.,.-n -,- , ,-- ~ 2:. ~, .. '""'-.. '-I) 5>i~ :;:o.:.;:rn m "_.J \U -I 0> 2: :'J'1 3'J ...J::: 5:> ~ I'v -< 0 ..., ~ " . ~ . "-~ - -. , , ' MARK A. HESS, SR. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 01-2416 CIVIL ACTION LAW RENEE S. HESS DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, September 13, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberlaud County Courthouse, Carlisle on Thursday, October 10,2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furuish auy 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: Isl Hubert X. Gilroy. Esq. Custody Conciliator \y' l" 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. Cumbei'1and County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ OM"" f/ //; c,;) tl-/!# .t;;2 1j./v'C/.l. , . ~U;, .,_ , _ ._, '-"y~- ,_,,__u,~~_~ --"" '""j-,,'_"~_" 4"'"""1 ",~. - "~eo ~-,--"--"-~".;,,,,-,,,."~-~.~.,, ". .-.~.",-,-",-,,<,;,-~""-~';j-I OF FiLEQ.-O):FJCF '''',r.,'' '~'J-:-T^RY ,-~-' ,.-' '. 1:\ Uli\, 02 SFP I G Pi!:3: !:;O Cu"vr'-.:. """"'I'~I ,y~;)..:.nL./',:\LJ III II ; \," "'r- _ '-''-, II tJtNr,SYL\<~N!I\ " &t-~_~ ~~~ ~~d' ~~, ~ ~ ~ 71.X14 ~. H.",IID ~ ~'~i'l"~'~'tWjn'i.W18;T:""''''''''\'_ffii'l'_~1iW~~''~,",,1Wii-l''ili,~i%tt'''U'1f'~~q~" BIG SPRING SCHOOL DISTRICT Third Grade Progress Report ~OOd -- ,-:2003 Pupil's NamejJ1arK !7ess /'1 r s-. /1 /IJ r... Teacher's Name Or /J7 e 5' S e r /V} t: II Ie r School P / a /n -/'; e I ACADEMIC GRADING KEY These grades reflect your child's progress. -ir A ...........90%. 100% B ........... 80%. 89% C .......... 70%. 79% D ........... 60%. 69% F ........ 59% and below "* R":j,d".r (.!cc.-s-:;rGC./n SKILLS CHECKLIST CODE + ......... Strong Progress ./ ..... Satisfaclory Progress . . . . . . . . . . . . Inconsislent No mark means the skill area was no! reviewed during t!lis reporl period. Your child is receiving the following instruction: Speech Therapy Reading Support Malh Support Assigned to C r.a cI e for c2 (lo 3 - ;{ 0 CJ 5" school year READING A lies Word Anal sis Understands Vocabular Com rehonds Wrillen Maleri",1 Reads Inde endenl1 at...., e e SPELLING S oils Priori Words S ells Core and Conlen Words in Context WRITING Writes legibly Uses Cor'reel Mechanics (punctuation, capitalization) Uses Correct Grammar Demonstrates La ical Sequence 01 Ideas Proolreads Work ,,~,., r, '" us MATHEMATICS Com utes Accurate! Uses Problem Salvin Strate ies Knows Addilion Facts Knows Subtraclion Facts Knows Multi lication Facls Knows Division Facls -K -k -I( SOCIAL STUDIES SCIENCE "';II<! SPEAKING I LISTENING Ex resses Self Clearl and F!uenlt Contributes in Grou Discussions Lislens Allentivel SOCIAL DEVELOPMENT AND WORK HABITS Demonstrates Ellort Com letes Assi nmenls on Timo Sta s on Task Is Or anized Follows Directions Works'lode endenll wilhoul Disturbin Others Shows Res ecVGood Manners Works Coo eralivel Gels Alan Well with Olhers Exhibits Sell.Conlrol Assumes Res ansibitil Res eels School Rules PERIOD 2 3 4 AVG. Grades Given for Art, Library, Music, Physical Education, Social Studies, Science, and Health . . . . . . . . . . . . . . . . . . . . . Outstanding . . . . . . . . . . . Satisfactory . . . Needs Improvement o S ....... N PERIOD Ave,. ART Ex rasses Ori inalil Shows Pro ress in WOlkin wllh Arl/,Iedla and Tools Works Coo emlivel I Class Conduct LIBRARY Res ects Malerials Understands Reference Skills Returns [looks on Time MUSIC Skill Develo men I Works Coo erativel I Conduct Partici atian PHYSICAL EDUCATION Skill Develo menl Class Conduct TEACHER COMMENTS Commenls #1 ~a..r> k V 0 L/ -;::; r -f/ie COn h.r('/7{c t' _ Commenls #2 Comments #3 -!-/, e !T,a/l/Y" you -hlr ro//rere/lce. Comments #4 PLAINTIFPS EXHIBIT id\I'\\ot P12-5 ~dO:jl Days Tard 0 , TOTAL I 2 3 4 4-10-02 IEP for Mark Hess v. GOALS AND OBJECTIVES: (Use as many copies of this page as needed to plan appropriately for the student). MEASURABLE ANNUAL GOAL: SHORT-TERM INSTRUCTIONAL OBJECTIVES OR BENCHMARKS Annual Goal How Goal Will be Measured How Progress will be Reported Mark will increase his reading skills. As observed by the teacher in Quarterly on report cards reading groups and on workbooks and worksheets Optional Progress Comments (indicate reporling period before each comment) Progress Report Enluation Codes~NW.,..No,tl:Yorked On RG".., Reached Goal EP -Excellent Progress MP-Minimal progr'Css . SP-SatiSIactory p;ogress IP - Inconsistent Progress ~~ MPl MP2 MP3 MP4 Final St~rt Elld Start End Start End Start End date date Date date Date date Date date Date ObjcClivclBcnchmark Expected Level Method of Evaluation WujJL let'*- of Achievement Learn basic sight words through the 3-2 level with 80% when tested by SP accuracy teacher/aide Wcrk.>go^ ,,'" periodically +22-3' /'''1> Lcarn consonant blcnds and vowel digraph sounds with 100% when tested by sP accuracy teacher after learning and reviewing these sounds Use decoding skills at his Icvclto sound oul by self- dnring oral TP unknown words correction reading with teacher or aide prompts daily Build up a reading vocabulary at the 2nd and 3'd showing a during oral TP gradc levels transfer of reading to teacher words or aide and in learned teacher directed activities daily PLA/NTIFPS EXHIBIT I;) 11910;:);) PIL~ Individualized Education Program (IEP) (8/27/01) Page 7 of 17 4-10-02 IEP for Mark Hess mcrease comprchension skills al the 2"d and 3rd by answering teacher asked If grade levels with 80 % questions and comprehension accuracy worksheets after independent silent reading and group guided read in" Improve reading fluency By reading Daily during Tr books at his independent independent reading time to level willI teacher or aide. expression, at an appropriate reading rate, using punctnation marl<s and correct reading of sight words Individualized Education Program (IEP) (8/27/01) Page 8 of t7 I" 4-10-02 IEI' tor Mark Hess Annual Goal How Goal Will be Measured How Progress will be Reported Mark will increase his language arts skills. Review of writing samples and Quarterly on report cards sentence dictation reviews Optional Progl"CSS Comments (indicate reporting period before each comment) Progress Report Evaluation Codes: NW- Not worked On RG - Reached Goal EP - Excellent Progress MP-Minimal Progress SP-Satisfaclory progress IP -Inconsistent Progress ~-_ MPl MP2 MP3 MP4 Final Start End Start End Start End Start End date date Date date Date date Date date Dale Objcctiyc/llcllchmark Expected Level Method of Evaluation 1,I"J/,~1. /ot""~z., of Achievement Learn to spell high-frequency words 1-300 in the With 80% On sentence SF Sitton Spelling Program accuracy dictation reviews given after qifolo 0 n specific words are I1cr</G learned and daily 1- 9/-/ in written work Learn to spell words with a given phonetic pattern With 80% On sentence NV'I accuracy dictation reviews given after specific sounds are learned and daily in written work. Show growth in writing a story of at least I With correct As demonstrated SP paragraph capitalization on writing , punctuation, samples complete and varied sentences, proper grammar, correct verb tenses, and legible handwriting Individualized Education Program (IEP) (8/27/01) Page 9 of 17 . 4-10-02 IEP for Mark Hess ,llcrcase proofreading skills, knowledge of language As observed Daily on oral TP mechanics and grammar by the language activities JJjffic....11j teacher and in written f;J iJ-h Co rnd- work ql"ll-/>'rn<IT. Annual Goal How Goal WiII be Measured How Progress wiII be Reported Mark wiII increase his math skills. Math tests, daily math work, Quarterly on report cards hands-on activities Optional Progress Comments (indicate reporting period before each comment) Progress Report Evaluation Codes: NW- Not worked On RG - Reached Goal EP Excellent Progress MP.Minimal Pmgress SP-Salisr<Ntory progress IP -lnconsistent Progress _~_ MP1 MP2 MP3 MP4 Final Start End Start End Slart End Start End date date Date dale Dntc date Date date Date ObjcctivclBcl1chmark Expected Lcvd Method of Evaluation ~l.%7- Icj3r-z- of Achievement Learn addition and subtraction facts using touch witb 100% during a 10 +- -f'".cls; (.i'3)~ points accuracy minute test given 10m d,~~ r tf"':fS;i~ periodically. Learn to recognize, write and read the number with 100% as demonstrated ..sp words, for numbers 1-999,999 accuracy on matb papers tests given dnring the unit, at the end of the unit and when reviewed ~eriodieallY Learn to do addition and subtraction word with 80% as demonstrated SF problems accuracy on matb papers and tests given during the nnit, at tbe end of the unit and when reviewed llel'iodically Individualized Education Program (IEP) (8/27/01) Page lOaf 17 , . 4-1 V-VL lei' lor Mark Hess ,~carn tbe value of coins and to count ebange to witb 100% as demonstrated SP " , $10.00, and to write tbat amount as dollars and accuracy on hands-on cents activities, math papers and tests given during the unit, at the end of the unit and when reviewed periodicallv Learn to tell time by five minute inten'als and to witb 100% as demonstrated ",W tbe minute accuracy on hands-on activities, math papers and tests given during the unit, at the end of the unit and when reviewed periodically Learn to do addition and subtraction of 3 and 4 with 80% as demonstrated rvw digit numbers witb and without regrouping aeenraey on math papers and tests given during the unit, at the end of the unit and when reviewed periodieallv. Learn to measure using the English and Metric With 80% As demonstrated tvw Systems and to ,'ead graphs accuracy on hands-on activities, math . papers and tests given during the unit, at the end of the unit and when reviewed periodieallv. Use basic facts in computation With 80% Daily in Sp accuracy independent work ludividualized Education Program (IEP) (8/27/01) Page 11 of 17 'ii . 4-IO-U2 IEP tor Mark Hess , /tearn multiplication facts through the fives With 100% during a 10 given NvV I accuracy minute test periodical Iv. Individualized Education Program (IEP) (8/27/01) Page 12 of 17 !itiili,lliiliji:\JY,," PATIENT'S NAME_~ark Hess Jr " , Date 5-..36 -cl).... Wt /i~3 S: Mother brings him in as a result of a dog bite got on 5-28-02 were there is a superficial Ll,.t . 'f r puncture from abrasions. Mrs. Hess says that the dog is usually tied but Mark happened to be over BP' _ T ~ P at this persons house and the dog according to Mark was not provoked in anyww \ No noted ~r" - bazaar behavior with the dog. They are really unsure whether the dog has had ~DJ'I...l in the Tobacco Use past or does not know the status of the dogs shots. t Former Never ----0: Non ill appearing, NAD youngster who does show me the superficial puncture wound in the Curren _..- - - left mid buttocks but also some superficial abrasions or scratches also noted. Cigarettes, Cigar, Pipe,_' :luff P: Have the mother find out the status of the dogs immunizations. Form has been filled out to send ,r -.;)f ~J- to the Public Health Department as far as a dog bite. Told about routine soap and water cleansing [bto 61 rE. J and applying some Bacitracin ointment to the involved area. b & '{3tUi-\ ~ '.. '" . .;~ ~:' 4f: :~~,~ /..1>..., ;':- , -~ ., .' ..~=~[ - , ^ "",, i:"~"'''',', "1.'>-:.' '" , - MARK A. HESS, SR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RENEE S. HESS, PLAINTIFF AND NOW, this 01-2416 CIVIL TERM ORDER OF COURT ~o-t&-- day of December, 2002, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Mark A. Hess, Sr. and Renee S. Hess shall have shared legal custody of Mark A. Hess, Jr., born April 25, 1993. (3) During the school year: (a) Mark shall live with his mother. The father shall have periods of temporary physical custody on alternate weekends from Friday after school until school starts on Monday. One of those alternate weekends shall fall on the weekend the mother is working on Saturday and Sunday. (b) During the summer school vacation period, Mark shall spend alternate weeks with his father and mother. If during a parent's alternate week, that parent is working during the day and the other parent is not, Mark shall be with the parent who is not working until the other parent is home after work. (4) The parents shall alternate New Year's Day, Easter, Labor Day, July 4th, and Thanksgiving. The timeframe shall be 9:00 a.m. until 8:00 p.m., with the rotation continuing as it started on July 4, 2001. i~~e.~j~~~I~ilili~~~;'-'" J . ' 'c ,.'T'~._ ~~ ""= _ ~~_. . ,. ';.itlllll<lI~I~:;!;;ll'i~Mi:!!:~~W~-i;-'~ ~_i'liliI_~ <~ . '''< ,0.1_ ,~ J~~_ ~~ " " Jill!)\'" -ow, J" \ rt\-'jQ~.,INr::d 'j,\\I-;-'I' \," ,,'!,~.. 1"'\"" " , ~,' ". ,- :.~ i \-,~>~t"\1 :' 1 \ !l\l,:"""/"'<) \...,-_"1,,, jV 1,,1..1',,,, '1'-' 86 :\\ ,,"~ ,,4""" 70 UG ....\.:.1'.J l}'i;J i-'rN1U,:':"u-~'''~':''~/".;,L' ,,'- j '"~ .., ...~, t ~, J- I ,,-1 \.:) '::>jl::,'~'\" ...J.~ j\, -30 "'<- '''''.'." ,. ilf . -- ...... Ii > k<";"" . ~, '. :.,l.,-. a:Jlt-T ..,... .. .. .. (5) The mother shall have Mark on Mother's Day, and the father shall have him on Father's Day. The timeframe being from 9:00 a.m. until 8:00 p.m. (6) The Christmas holiday shall be divided into two segments. The first segment being from December 24th at noon until December 25th at noon, and the second segment being from December 25th at noon until December 26th at noon. The parents shall alternate these segments with the father having the first segment for Christmas 2002. (7) The parents may alter this schedule only upon agreement. (8) The parents shall obtain some joint counseling directed at their need to gain greater understanding and cooperation necessary for them to act in the best interest of Mark. If any part of the cost of such counseling is not covered by insurance they shall divide that cost. Edgar B. Bayley, J. / / Sally J. Winder, Esquire F or Plaintiff :sal . ;> Lcrp.Hci i') R}(.s J :J.-:NJ .09. V Galen R. Waltz, Esquire For Defendant ti'~-~ ..~ , - , "~ I "~. [" 'llli2:, ,. MARK A. HESS, SR. PLAINTIFF V. RENEE S. HESS DEFENDANT IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-2416 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 27, 2001 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberlaud Couuty Courthouse, Carlisle on Friday, May 11, 2001 at 10:30 a.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 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 Cnstody orders to the conciliator 48 honrs prior to scheduled hearing. FOR TIlE COURT, By: /s/ Hubert X. Gilroy. Esq. tf} 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 TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Cariisle, Pennsylvania 17013 Telephone (717) 249-3166 .= 1/;;17'6/ '1;))-tJ/ 'l,:;. ).tJ I -. =.. < - ."<- -- H~I\}"()~HCE ('r -I' ,,- .."......f p-,' 1"l""'Y ;Jr ,r::,~ :..'; ","__-' i _ )~,;\L; ./-\n 01 !\Pfl 27 PH I: ~j2 CUMBEFlU\i\iD COUNiY PENNSYLVANIA &vI.t'~~~~~ '7J:Pke ~ -Z ~. ~ ~~~71.~#' ~ ~"~"'_ ,","<!IiIIlll_~~ ~,I'il:~li!!Hm 0 !.~ _j! ~ ,~~~~.W~!')i;~'~"\'/'1'1"-i'''!,!\7':,"n"y"1-T''j,,,'-F,p1F'-~'i;jMC1l"1~~'j_"Y-,!,v,r,~~1'f""'""'?''''''''';j'''''':l-"',~r.tf-~:i1ili11'im~~Wi ",. .. JUN 2 I) zooiIJ ,.. MARK A. HESS, SR., Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RENEE S. HESS, Defendant NO. 01-2416 CIVIL IN CUSTODY COURT ORDER AND NOW, this "2:1 day of June, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of August 3, 1999 is vacated and replaced with the following Order of Court: 1. The Mother, Renee S. Hess, and the Father, Mark A. Hess, Sr., shall enjoy shared legal custody of Mark A. Hess, Jr., born April 25, 1993. 2. Physical custody shall be handled as follows: A. During the sununer months, Father shall have custody on alternating weekends pursuant to the parties previous schedule. Additionally, Father shall have custody during the day on weekdays when Father is off work. Tills provision is entered based upon the assumption Father is working 3 to 11 on weekdays. Mother shall have custody of the minor child during other times in the sununer months. However, each party would be entitled to one weeks vacation to be arranged at least thirty (30) days in advance, with the understanding that the vacation is a time when the parties will be leaving the Central Pennsylvania area, and also with the understanding that in the event the parents do not have time off from work, the maternal or paternal grandparents may take the child out of town for vacation. B. During the school year, the same alternating weekend schedule shall continue. Additionally, Father shall have custody with the minor child on those days the child is off from school and Father is not working, on the condition that Father is available and taking care of the child. Also, when the child is off school during the Christmas break and except for the specific Christmas holiday that is addressed below, Father shall have custody during the day when Father is off work. .. \ . cc: cC-'- I._'l."-,I~',_, _'~ ,__ 3. -, -,-~ - ", "....,~K ' The Christmas holiday shall be divided into two segments. The first segment being from December 24th at Noon until December 25th at Noon, and the second segment being from December 25th at Noon until December 26th at Noon. The parties shall alternate custody of the minor child on these two segments with the Father enjoying the fIrst segment for Christmas 2001. 4. The parties shall also alternate major holidays to include New Year's Day, Easter, Labor Day, July 4th, and Thanksgiving. The timeframe shall be 9:00 a.m. until 8:00 p.m., with Mother starting the alternating rotation on July 4, 200 I. 5. The Mother shall always have custody on Mother's Day and the Father shall always have custody on Father's Day. The timeframe being from 9:00 a.m. until 8:00 p.m. This provision and the holiday schedule set forth above shall supercede the alternating weekend schedule. 6. The parties may alter this schedule as they may agree. However, if the parties cannot agree, the schedule outlined in this Order shall control. 7. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the court to have the case again scheduled with the Custody Conciliator. / / BY~ CO \ Sally J. Winder, Esquire Galen R. Waltz, Esquire Edgar B. BaYleY<7 J.~ ~~tt~ l; 1; ~l\ . -- . . "_"~_c__,,,, ';'_ , -~L -il.-;'-' ",' ~-" 'cd "",,/0_. "'~-..,,, ~- _",._,_.,_/,~_""~,,~,>,,_;, -, (' "m, . MARK A. HESS, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v RENEE S. HESS, Defendant NO. 01- 2416 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Mark A. Hess, Jr., born April 25, 1993. 2. A Conciliation Conference was held on June 14, 2001, with the following individuals in attendance: The Father, Mark A. Hess, Sr., with his counsel, Sally Winder, Esquire; and the Mother, Renee S. Hess, with her counsel, Galen R. Waltz, Esquire. 3. The parties agree to the entry of an order in the form as attached. vi! 11/0( DA'TE ' 01 ~" " . -,,-.' __",' . , ,,-.~, - -"-," I ., , '0. ,. "',~_ " -,'-,'?JA,.._,,",- _H '.- "_; ,.",,,,-" "",,_"',,'''-','-Z..' - _;~>_ -C!'-', , , OCT 2 1 2002 ~ , MARK A. HESS, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW RENEE S. HESS, Defendant NO. 01 - 2416 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~ day of October, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Cou~room No. 2 of the Cumberland County Courthouse on ~ day of kJO,(\~JW.1~A at Fj;t(5 tl..m. at which time testimony will be taken on the above case. At this hearing, the Father, Mark A. Hess, Sr., shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this Court, this Court's prior Order of June 27, 2001 shall remain in effect. cc: Sally J. Windor, Esquire Galen R. Waltz, Esquire ~ ~ J. Ch, .n ~ ,~--" .~- ~^-, ,-, .-~,,,. -,- _~"~"'~1~"'",""_"', ,. -'-'<~ f , MARK A. HESS, SR., Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RENEE S. HESS, Defendant NO. 01-2416 CIVIL IN CUSTODY Prior Judge: Edgar B. Bayley 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 infonnation pertaining to the child who is the subject of this litigation is as follows: Mark A. Hess, Jr., born April 25, 1993. 2. A Conciliation Conference was held on October 10, 2002, with the following individuals in attendance: The Father, Mark A. Hess, Sr., with his counsel, Sally J. Winder, Esquire; and the Mother, Renee S. Hess, with her counsel, Galen R. Waltz, Esquire. 3. The parties were before the conciliator in June of 2001 at which time they reached an agreement on custody that essentially provided the Mother with primary physical custody and the parties alternating weekends. It also provided that Father would have custody during the day when he is off work, with that provision primarily taking effect in the summer months. During the school year, the child would spend most of the week with the Mother. 4. Father is now suggesting that Mother is not exerclsmg appropriate care and supervision of the minor child and Father suggests he should be primary custodian of the minor child. The Mother is unwilling to agree upon a modification of the existing order. There is not much the conciliator can do in this particular situation, and the parties require a hearing before the court in order to. have this issue resolved. ~" , , -,,~ ~~"~ ,. ,~- " ,- :, ".c,c" --',--',;.""';'- - .-~ " ,.,-",."~_,, _ " ;;. q''Yl~ , F , 5. The conciliator recommends the entry of an order in the fonn as attached. litj!()~ DTE