HomeMy WebLinkAbout01-2416 ItiC HESS, .
· OF CO o '
Plaintiff : CU~E~ COUN~ PL~A~
vs ' OF
. Defendant : ~ CUSTODy
COMp~~T FOR CUSTODy
COMEs NOW, the Plaintiff,, Mark A. Hess, Sr., by and through
Winder, Esquire, and does represent as follows: h/s COunsel, Salty j.
1. The PlaintilTis Mark A. Hess, Sr., residing at 2091 R~tner H/ghway, Carlisle,
Cumberland County, Pennsylvania 17013. ·
·
2. The Defendant is Renee $. Hess, residing
. CUmber/and County, Pennsylvania. at 45 Betty Nelson Court, Carlisle,
3. Plaintiff seeks Primary Residential Custody of the following clfild(ren): Mark A. Hess,
Jr., born April 25, 1993.
The ch/Id was not born out °fwedlock.
The ch/Id is presently in the custody o£ Mother pursuant to a temporary order dated
AUgust 3, 1999, a Copy o£wh/ch is marked "Exhibit A"
Nelson Court, Carlisle, Pennsylvania. attached hereto, Who resides at 45 Betty
,
Dur/ng the past five years, the ch//d has resided with the fo/low/ag persons and at the
fo//ow/ng addresses: with both parents at 2091 R/tner H/ghway, Cad/s/e, Pennsylvan/a, 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 Th/rd Street, Carlisle,
Pennsylvan/a; with Mother primarily at 45 Betty Nelson Court, Carlisle, Pennsylvan/a at present.
The mother o£ the child(ten) is Renee S. Hess, currently res/d/n8 at 45 Betty Nelson
Court, Carlisle, Pennsylvania. She is divorced fi'om Father.
The father of the child is Mark A. Hess, Sr., currently residing at 2091 Rimer/'//ghway,
Carlisle, Pennsylvania. He is divorced t~orn MOther; a divorce decree was entered in Cumber/and
County, January 30, 2001. ·
· ·
4. The relationship °f Plaintilr to the child is that of'natura/father. The Plaintiff currently
resides with the, f'o//owing Person{s): no one Other than his minor son Who is there every Other
wee/tend and days in between.
S. The relat/onsh/p °fDefendant to the ch/Id is that Ofnatura/mother The Defendant
currently resides with the fo//owing person(s): none.
· 6. l~lainti~Fhas participated as a party or witness, or in another capacity,/n Other litigation
COncerning the custody of'the child in this or another Court. The Court, ret'm, and number, and
~ts relationship to this action is: Cumberland County, civil act/on 99-4521 C~v//, a protection ~on
abuse petition where the petition was dismissed except for the August 3, 1999 order O£custocly
and the support appeal hearing listed as 7 Support 1 ~9 where there was a mod/fled Support
order entered based Upon the split custody arrangement. Both matters were heard by Jucl~e
Bayley. PlaintifF has no inf'Onnation of'a custody proceeding concern/ng the chilcl(ren) Falecl in a
Court of'this C°mmOnwea/th. The Court, tern~
. and number, and its relationship to this act/on is:
Pla~titTdocs not know o£a person not a party to the procoeding who has Physical
custody of' the child or claims to have custody or visitation fights with respect to the child. The
name and address O£ such person is:
·
7. The best interests and permanent we/fare of'the child, will be served by grant/ng the
relie£requestecl because the child spent the rnajor/ty o£his time with his Father wh//e he was/n
kindergarten. At present Mother is refusing to a/low Father regular contact with his son and
making excuses that she is not work/ng. The child is doing poorly in school and not working up to
grade level; Mother will not help him with his SChool wor/~ and a//ows h~ to often be truant. The
child has stated that he wants to live w~th Ms Father. Father therefore be//eves and states that the
ch//d wi//receive the nuturing love and upbringing he needs by residing primarily w~th 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 fights to the child have not been terminated and the person
who has physical custody o£ the child have been named as parties to this action.
·
WItERgFORR, Plaintiff requests the Court to grant P ' R '
child to Mark A. Hess, Sr subiect to re ..... ,_, ...... mnary es~dential Custody of'
Mother. · ~ ,-,,o~,~us~e rights o~visitation and partial custody in'the the
Respectfully submitted,
Sally J. Witlder, E~
Attorney for Plaintiff
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 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities.
MARIe A. m ss,'s
SALLY J. WINDER ~
Attorney at Law ,~j~ ~ l~' 2001
701 E. King Street
Shippensburg, PA 17257
PLAINTIFF ' CUMBERLAND COUNTY, PENNSYLVANIA
·
MARK A. HESS, SR., '
DEFENDANT · 994521 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, Sr,, shall have the child'
(a) every other weekerld from Saturday morning at 9:00 a.m. until
Monday either before school or before he goes to work; and
(b) at such other times as the parties may agree.
By the Court,
Edgar B.
Lisa Greason, Esquire
For Plaintiff
Sally J. Winder, Esquire T~UE COPY FROM RECORD
For Defendant In ';' :'~'r~:.:".~7 ~'~. r.:.of, I he. re unto set my hand
and ]h~ ~cal of said Court at Carlisle, Pa.
· saa . This...~....'~... .... ,day of 2 .... _~~..~, .... 19...q..~..
_ ........... ..... _.
MARK A. HESS, SR.
· IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBE~AND COUNTY
V$ '
· CML ACTION. LAW
REdE S. HESS, ' NUMBER: 2000-
· ~ ~ CIVIL TERM
Defendant ' IN CUSTODY
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 Rimer Highway, Carlisle.
Cumberland County, Pennsylvania 17013.
2. The Defendant is Renee S. Hess. residing at 45 Berry Nelson Court, Carlisle,
Cumberland County, Permsylv~a.
3. Plaintiff seeks Primary Residential Custody of'the following child(ten) Mark A. Hess,
Jr.. born April 25. 1 ~93. .
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 "Exlfibit 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 ! 999; 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 o£the child(ten) 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,
Car/isle, Pennsylvania. He is divorced from Mother; a divorce decree was entered in
Cumberland County, January 30, 2001.
4. The relationship of Plaintiffto the child is that of natural father. The Plaintiff
currently resides with the following person(s): Carol Aby and his minor son who is there every
other weekend and days in between.
5. The relationship of Defendant to the child is that of natura/ 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 fi'on 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 ora 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 ora person not a party to the proceeding who has physical
custody of the child or c/aims to have custody or visitation fights with respect to the child. The
name and address of such person is: ~
7. The best interests and permanent we/fare of the chi/d, 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/earning. 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
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 fights 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 fights of visitation and partial custody in the
Mother.
Respectfully submitted,
S---~yj
Attorney for Plaintiff
VERIFICATION
I vet/fy that the statements made/n th/s complaint are true and correct to the best of my
personal knowledge and belief. I understand that false statements herein are made subjec~ to the
penalties of 18 Pa. C.S. Section 4904, relating to Unsworn falsification to author/ties.
MARK A. HES$~ SR., .--
·
Plaintiff ' IN THE COURT OF cOMMoN PLEAS OF
.' .. , .'-. j CUMBERLAND COUNTY, PENNSYLVANIA
·
'J .- ' ' CIVIL ACTION. LAW'
RENEE'S. HESS, : '
'.' Defendant ' NO. 01 - 2416 CIVIL
.!. . . ... ' IN CUSTODY
'" , · .....: . . ' .,~',', . ~ ,
, · ..:,, ,'i.~!: ;,;,: . . ·
· i.. AND NOW, 'this:.,~ day of June, 2001, upon consideration of the' attached Custody
. . . i.i.i .'.'
Conciliation Re~~ it is ordered and directed that this Court's prior Order of' August 3 1999 is
vacated and replaced with the £ollowing Order of Court:
· * .~1~ '.' '"' : '' . .
" '1. "' '.. iTht/Mother, Rcne¢ S. Hess, and the Father, Mark A. Hess, Sr., shall enjoy shared
legal cUStody of'Mark A. Hess, Jr., bom April 25, 1993
· : .,. ~:.. ·
2. '. ' Physical custody shall be handled as follows: .
· .
· ' .' .I: ''''~ '.
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: ' ' A. During/he summer months, Father shall have custody ;' ' ·
weekends pursuant to the parties · on alternating
Father shall hay ,.,,o,..-,- -, · . previous s~hedule. Additional/y,
.. .. e ~,uuy aunng me 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 the .summer months.
. -- However, each party would be entitled to one weeks vacation to be
re'ranged 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 fi'om 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 fi'om 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 }'or ~he specific Chris~~ holiday that is addres~d
below, Father. shall have custody during the day when .'Father is off
:':, ,,. work.
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3. The Christmas holiday shall be divided into two segments. The first segment being
fi'om December 24th ~at Noon until December 25m at Noon, and the second segment
being from December 25th at Noon until December 26m 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 2001.
· 4. The parties shall also altemate 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, 2001.
· .. . ·
:" -' $.. Tho Mother shall always have custody on Mother's Day and the Father shall always
have custody on Father's Day. The timefiame being from 9:00 a.m. until 8'00 p.m.
This provision and the holiday schedule set forth above shall supereede the
altsmating weekend schedule.
-!" .,.~ 6. "' i:?. The'~ parties may alter this schedule as they may 'agree. However, if the parties
"~ cannot at~'e~, the schedule outlined in this Order shall control.
, .
·
· 7. '!., ~.,'.~',,' "This'order is entered pursuant to an agreement reached by the parties at a Custody
Co~iliation Conference. In the event either party desires to modi~ this Order, that
park"may petition the court to have the case again scheduled with the Custody
· .., .
...:. Conciliator.
· .
·
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~,', ..'~.?,': ~'..':,~ ,.'.;' ,~, ~,'" ' ' BY THE COURT,
· ., ..
F_klg~r-B-~-ayle y .... / /
ce:~ '.., )'flall~...!:".:Winder, Esquire
......"......,C:alcn,..P~-, W~ltz, Esquire -.
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In Teitirn~ny my hand
·
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· .
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'IN THE COURT OF COMMON PLEAS OF
MARK A. HESS, SR. : CUMBERLAND coUNTY, PENN'S~VANIA
PLAINTIFF
V. : 01-2416 CIVIL ACTION LAW
RENEE S. HESS : IN' CUSTODY
DEFENDANT ·
ORDER OF COURT
AND NOW, Friday, September 13, 2002 _, upon consideration of the attached Complaint,
· it is hereby directed that .parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
Thursday,_Oetober 10__x, 2002 at 10:30 AM
at 4th Floor, Cumberland Coun_q~ Courthouse, Carlisle on
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter 'into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT~
By: Isl
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 heating.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
· ' PATIENT'S NAME l~ark tteas Jr
~te ,~'..~. _-'~ ',
,
~lt ~;_ ~ _ Wt ~ ~ .... s: Mo~er brings him in as a result of a dog bite got on 5-28-02 were ~ere is a supe~cial
~ T~ P P~cmre from abrasions. Mrs. Hess says ~at the dog is usually tied but Mark happened to be o
· ~ at ~is persons house and ~e dog according to Mark was not provoked in an~~ No noted
Tobacco IUse b~a~ behavior wi~ ~e dog. ~ey are really unsure whe~er ~e dog has had ~02~3 in th~
past or does not ~ow &e s~ms of ~e dogs shots.
Ct~rrer, t .... F0rmer_ _ Never ~: ~on i~ appea~g, NAD youngster who does show me ~e supefficial puncture wound in
, left ~d bu~ocks but also some superficial abrasions or scratches also noted.
Cigarettes, Cigar, Pipe, '~uff P: ~~ m~ ~om~r ~.d o.t me ~t~m~ orth~ dog~ ~..~z~t~o.~. ro~ h~
to ~e Public Heal~ Depa~ent as far as a dog bite. Told about ~outi soap and water clcansi~
~ C~~ ~ and a~ing ~ome ~aci~acin oin~.t to the ~.~o~d ar~a. ' "~ ,
MARK A. HESS, SR., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERI_~ND COUNTY, PENNSYLVANIA
·
·
V. :
·
RENEE S. HESS, :
PLAINTIFF : 01-2416 CIVIL TERM
ORDER OF COURT
AND NOW, this ~~ 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 i
(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 24~ at noon until December 25~ at noon, and the second
segment being from December 25~ at noon until December 26~ 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.
· v/Sally J. Winder, Esquire .
For Plaintiff
v" Galen R. Waltz, Esquire
For Defendant
:sal
MARK A. HESS, SR. · IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. ·
RENEE S. HESS
: 01-2416 CIVIL ACTION LAW
DEFENDANT
: IN CUSTODY
ORDER OF COURT
AND NOW, Friday, April 27, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. ., the conciliator,
at 4th Floor, Cumberland County 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 define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Hubert X. Gilroy, Esq. ~J~
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
JUN 5 ZOO /
MARK A. HESS, SR., · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v · CIVIL ACTION- LAW
RENEE S. HESS, · NO. 01 - 2416 CIVIL
Defendant · IN CUSTODY
COURT ORDER
_
AND NOW, this '~"~ 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., bom April 25, 1993.
2. Physical custody shall be handled as follows:
A. During the summer months, Father shall have custody on altemating
weekends pursuant to the parties previous schedule. 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 the summer 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.
3. 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 segmem 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, 2001.
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 .TILE COIj~~
Edgar B. Bayley
cc: Sally J. Winder, Esquire
Galen R. Waltz, Esquire ,
· 1N THE COURT OF COMMON PLEAS OF
MARK A. HESS, SR., · CUMBERLAND COUNTY, PENNS~V~IA
Plaintiff
· CIVIL ACTION - LAW
V .
· NO. 01 - 2416 CIVIL
RENEE S. HESS, · IN CUSTODY
Defendant
Prior Judge: Edgar B. Bayley
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject of this litigation is as
follows:
Mark A. Hess, Jr., bom 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.
Hubert X. Gilroy, I uire
Custody Conc~or
MARK A. HESS, SR., · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v · CIVIL ACTION- LAW
RENEE S. HESS, · NO. 01 -2416 CIVIL
Defendant · 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~oom No. 2 of the Cumberland County
Courthouse on ~ day of ~_~/~ . at ~'q~' 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.
BY ,
J.
Edgar B. Bayley
cc: Sally J. Windor, Esquire
Galen R. Waltz, Esquire
MARK A. HESS, SR., · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION - LAW
v
RENEE S. HESS, · NO. 01 -2416 CIVIL
Defendant · IN CUSTODY
Prior Judge: Edgar B. Bayley
CONCILIATION CONFERENCE SUMM~Y REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
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 exercising 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.
5. The conciliator recommends the entry of an order in the form as attached.
Hu--~~X. Gil~_y, Esquire
~D3~TE Custody~,q~ciliat°r