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HomeMy WebLinkAbout00-01699 HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PgNNSYL VANIA : NO. 2000-1699 CIVTI., TERM BENJAMIN THOMAS GEOGHAN, . Defendant - - - - : PROTECTION FROM ABUSE AND CUSTODY FINAL PROTECTION ORDER Defendant's Name: BENJAMIN THOMAS GEOGHAN Defendant's Date of Birth: 03/31/1979 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: HEATHER ANNE GEOGHAN AND NOW, this zi''' day ofMarch, 2000, the court havingjurisdiction over the parties and tile subject-matter, it is ORDERED, ADJUDGED, and DECREED as follows: Plaintifl:; Heather Anne Geoghan, is represented by Joan Carey ofLegal Services, Inc.; Defendant, Benjamin Thomas Geoghan, is represented by Gwendolyn S. Hailey, Attorney at Law. Defendant, although agreeing to the terms of this Order, does not admit the allegations made in the Petition. I:&> Plaintiff's request for a Final Protection Order is granted pursuant to the consent of Plaintiff and Defendant. o Plaintiff's request for a Final Protection Order is denied. I:&> 1. Defendant shall not abuse, stalk, harass, threaten Plaintiff in any place where she might be found. o 2. Defendant is completely evicted and excluded from the residence at or any other residence where Plaintiff may live. Exclusive possession of the residence is granted to Plaintiff. Defendant shall have no right or privilege to enter or be present on the premises. o On_ at _.m., Qefendant may enter the residence to retrieve hislher clothing and other personal effects, provided that Defendant is in the company of a law enforcement officer when such retrieval is made. o 3. Except as provided in Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited to, any contact at Plaintiff's current residence, and any other residence she may, in the future, establish for herseU; her schoo~ business, and/or place of employment or the school/s and/or day care facility of the minor child/ren. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: o 4. Except as provided in Paragraph 5 of this Order, Defendant shall not contact the Plaintiff by telephone or by any other means, including third parties.u . I:&> 5. 10/21/1998, Custody of the minor child, Benjamin Thomas Richard Geoghan, born shall be as follows pending further Order: PlaintitTshall have primary physical custody of the child, and the parties shall share legal custody of the child. Defendant shall have periods of partial custody with the child at times and dates mutually agreed upon by the parties. See attached Custody Order. o 6. Defendant shall immediately turn over to the Sheriff's Office, or to a local law enforcement agency for delivery to the Sheriff's Office, the following firearms and/or specific weapons used or threatened to be used by Defendant in an act of abuse against Plaintiff and/or the minor child/ren: o 7. Defendant is prohibited from possessing, transferring or acquiring any other firearms and/or specific weapons for the duration of this Order. Any firearms and/or weapons delivered to the sheriffunder Paragraph 6 of this Order or under Paragraph 6 of the Temporary Order shall not be returned until further Order of Court. I:&> 8. The following additional relief is granted as authorized by ~6108 of this Act: Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff and/or address, telephone number, or any other demographic information about Plaintiff andlor child, except by further Order of Court. This OrdershaU remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. o 9. Defendant is directed to pay temporary support for _ as follows:_. This Order for support shall remain in effect until a final support order is entered by this Court. However, this Order shall lapse automatically if Plaintiff does not file a complaint for support with the Court within fifteen (IS) days of the date of this Order. The amount of this temporary order does not necessarily reflect Defendant's correct support obligation, which shall be determined in accordance with the guidelines at the support hearing. Any adjustments in the final amount of support shall be credited, retroactive to this date, to the appropriate party. o 10. The costs of this action are waived as to Plaintiff and imposed on Defendant. o 11. Defendant sliall pay $_ to Plaintiff as compensation for Plaintiff's out-of-pocket losses, which are as follows: OR o Plaintiff is granted leave to present a petition, with appropriate notice to Defendant, to requesting recovery of out-of-pocket losses. The petition shall include an exhibit itemizing all claimed out-of-pocket losses, -copies of all bills and estimates of repair, and an Order scheduling a hearing. No fee shall be required by the Prothonotary's office for the filing oftms petition. o 12. BRADY INDICATOR o 1. The Plaintiff or protected personls is a spouse, former spouse, a person who cohabitates or has cohabited with Defendant, a parent of a common child, a child of that person, or a child of Defendant. o 2. This Orderis being entered after a hearing of which Defendant received actual notice and had an opportunity to be heard. o 3. Paragraph I of this Order has been checked to restrain Defendant from harassing, stalking, or threatening Plaintiff or protected person/so o 4. Defendant represents a credible threat to the physical safety of Plaintiff or other protected person/s OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to use physical force against Plaintiff or protected person that would reasonably be expected to cause bodily uyury. I:&> 13. TillS ORDER SUPERCEDES ANY PRIOR PFA ORDER and ANY PRIOR ORDER RELATING TO CHll.,D CUSTODY. I:&> 14. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO THE DEFENDANT ~_c _ Violation of this Order may result in your arrest on the charge of Indirect Criminal Contempt which is punishable by a fine of up to $1,000 and/or a jail sentence of up to six months. 23 Pa.C.S. s6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. This Order is enforceable in all fifty (50) States, the District of Columbia, Tribal Lands, U.S. Territories, and the Commonwealth of Puerto Rico under the Violence Against Women Act, 18 U.S.C.s2265. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under that Act. 18 U.S.C.ss 2261-2262. If paragraph 12 of this Order has been checked, you may be subject to federal prosecution and penalties under the "Brady" provisions of the Gun Control Act, 18 U.S.C.s922(g), for possession, transport or receipt of firearms or ammunition. NOTICE TO LAW ENFORCEMENT OFFICIALS ~ " The police who have jurisdiction over Plaintiff's residence OR any location where a violation of this Order occurs OR where Defendant may be located, shall enforce this Order. An arrest for violation of Paragraphs 1 through 7 of this Order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police. 23 PaC.S.~6113. Subsequent to an arrest, the police officer shall seize all weapons used or threatened to be used during the violation of the Protection Order or during prior incidents of abuse. The Cumberland County Sheriff's Department shall maintain possession of the weapons until further Order of this Court. When Defendant is placed under arrest for violation of the Order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to file the complaint. If sufficient grounds for violation of this Order are alleged, Defendant shall be arraigned, bond set and both parties given notice of the date ofthe hearing. BY THE COURT, 4tL. A. Hess, Judge This Order is entered pursuant to the consent of Plaintiff and Defendant: ~(L~ {l /)4fj1~ r9r nttw! Heather Anne eoghan, laintiff, J:~A~< LEGAL SERVICES, INC. S Irvine Row Carlisle, PAl 70 13 (717) 243-9400 /'. ~/ I. J ...<, PAl'1~vV',""- -l~ ~ BeiijarllinThomas Geoghan, Defendant Gwendolyn S. Hailey, Attorney for efendant Mary Sachs Building, Suite 130 20S-North 301 Street P.O. Box 60713 Harrisburg, PA 17106-0713 (717) 236-6271 , . HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-1699 CIVIL TERM BENJAMIN THOMAS GEOGHAN, Defendant : PROTECTION FROM ABUSEAND CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this Z i:!!' day of March, 2000, the following Order is entered by consent of the parties with regard to custody of the parties' child, Benjamin Thomas Richard Geoghan, born 10/21/1998. 1. Plaintiff, hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody ofthe child, on dates and times mutually agreed by the parties. This Order shall remain in effect pending further Order of Court. By the Court, <-ti- 4r~ (iLY/t11Q Gr':JdllV( Iieather Anne Geoghan, Plaint" This Order is entered pursuant to the consent of Plaintiff and Defendant: ./C. ,...-/ 1~ !...~~~'ytYrwt.<'a ~ Benjamin homas Geoghan, Defendant ~/@dh~ Cd .Carey, Attorney for aintiff . Gwendolyn S. Hailey, Attorney fo Defendant Zl ~ 2< ~ \ ;p r-----.... ~ ~ ~fc:::P) ~ ~~~ ~ ~ ::::s- ~ <::> ~. ~~ g t~ ~\~ ct- .~ r-- -) ();' ~ 0 iJ -.. s c::> 0 c::> -,., >:;:. :l!: .-\ -0;=:-.'\ --~ -,- rDi~~' ::;:, :'11F z:!~ !'-) .....;\1 ---c:;. 1~~ 0% '-" ,<C -c -' 7-"5 :!J ";::(1 -'- '.., C"J ..;- ,-'~ ,;:- ~:: rrt ;PC ~ ~ 5'i <>:l -< HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2000- ) ill qq CIVIL TERM BENJAMIN THOMAS GEOGHAN, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER -- YOU BA VE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the <.19-iifday ofMarch,2000, at 1(: {/?J q .m., in Courtroom No. L of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to-six __ months in jail under 23 Pa. C. S. g6114. Violation may also subject you to prosecution and criminal penalties"" under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. g2265, this Order is enforceable anywhere in the United States, tribal lands, U. S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. g 2261-2262. Y 0111 should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libehy Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- II.2QQ CIVTI., TERM BENJAMIN TIIOMAS GEOGHAN, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name: BENJAMIN THOMAS GEOGHAN Defendant's Date of Birth: 03/31/1979 Defendant's Social Security Number: Unknown to Plaintiff Name of Protected Person: HEATHER ANNE GEOGHAN AND NOW, this ZJ~'day of March, 2000, upon consideration ofthe attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: I:&> 1. Defendant shall not abuse, harass, stalk or threaten the above person in any place where she might be found. o 2. Defendant is evicted and excluded from the residence at _ or any other permanent or temporary residence where Plaintiff may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises. o 3. Except for such contact with the minor child/ren as may be pennitted under Paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff at any location, including, but not limited, to any contact at Plaintifl'scurrent residence, and any other residence she may, in the future, establish for herself, her school, business, and/or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this Order: o 4. Except for such contact with the minor child/ren as may be permitted under Paragraph 5 of this Order, Defendant shall not contact Plaintiff by telephone or by any other means, including through third persons. I:&> 5. Pending the outcome of the final hearing in this matter. Plaintiff is awarded temporary custody of the following minor child: BENJAMIN THOMAS RICHARD GEOGHAN, born 10/21/1998 Until the final hearing, all contact between Defendant and the child shall be limited to the following: Defendant may have visitation with the parties' minor child at times and places mutually agreed upon by the parties pending further Order of Court. o 6. Defendant shall immediately relinquish the following weapons to the Sheriff's Office or a designated local law enforcement agency for the delivery to the Sheriff's Office: Defendant is prohibited from possessing, transferring or acquiring any other weapons for the duration of this Order. I:&> 7. The following additional relief is granted: The Cumberland County Sheriff's Department shall attempt to make service at Plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office ofthe Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this Order to Defendant by mail. Law enforcement agencies, human service agencies and school districts shall not disclose the presence of Plaintiff andlor the minor child in the jurisdiction or district or furnish any address, telephone number, or any other demographic information abont Plaintiff and/or the minor child, except by further Order of Court. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the Court finds that Defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property ownedjointIy by the parties or owned solely by Plaintiff. lR> 8. A certified copy ofthis Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Plaintiff's current residence - undisclosed for her protection to avoid abuse Plaintiff's permanent residence - Middlesex Township Police Department I:&> 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER AND ANY PRIOR ORDER RELATING TO CHILD CUSTODY THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAlN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO DEFENDANT ~ -- --- Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jaiL 23 Pa. C. S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa. C. S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S. C. ~~2261-2262. Any protection order granted by a court may be considered in any subsequent proceedings, including child custody proceedings, under title 23 (Domestic RelatlonsY of the Pennsylvania Consoli.dated Statutes. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over Plaintiff's residence OR any locations where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminiil Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriff's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. BY THE COURT, 7.4~ Judge Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 :2Ja.,JbO ~rso"ci)I'1ltlnckJ -k, L.S. {''^Xed ~ /Y1.~1 -k, P <5 P RED-OFFICE '0" T"~ -~^-'.."i' 'OT-\RY 'j ,;:c. 1-';1U i 1-\U1\ ll'\ 00 f'lAR 21 A!111: 20 CUM8EFU>JD COUf\l'TY PENNSYWNiA HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000~ J(Q99 CIVIL TERM BENJAMIN THOMAS GEOGHAN, Defendant : PROTECTION FROM ABUSE AND CUSTODY PETITION FOR PROTECTION FROM ABUSE COUNT I 1. Plaintiff is Heather Anne Geoghan. 2. The name of the person who seeks protection from abuse is Heather Anne Geoghan. 3. Plaintiff is temporarily residing at an undisclosed location for her protection and to avoid further abuse. 4. Defendant's address is Country Manor West, 234 Birch Lane, Carlisle, Cumberland County, Pennsylvania 17013. Defendant's Social Security Number is unknown to Plaintiff. Defendant's date of birth is 03/31/1979. Defendant is employed by Stroehrnan's Bakery at the Meyer's Plant, York, York County, Pennsylvania. S. Defendant is Plaintiff's husband. 6. Plaintiff seeks temporary custody of the following child: Name Benjamin Thomas Richard Geoghan Address undisclosed location Birthdate 10/21/1998 7. Plaintiff and Defendant are the parents of the following minor child: Name .. _ Benjamin Thomas Richard Geoghan Age 17 months old 8. The following information is provided in support ofPlaintifi's request for an Order of child custody: a) The child was not born out of wedlock. b) The child is presently in the custody of Plaintiff, Heather Anne Geoghan, who is temporarily residing at an undisclosed location for her protection to avoid further abuse. c) Since his birth the child has resided with the following persons and at the following addresses: Persons child lived with Plaintiff Address Undisclosed location When 03/11/2000 to the present Plaintiff and Defendant Country Manor West 234 Birch Lane Carlisle, P A 03/1999 to 03/11/2000 Plaintiff, and her parents, Jill and Richard Tower 1021 Woodland Way Clarks Summit, P A 01/01/1999 to 03/1999 Plaintifl; Defendant, and his parents, Shirley and Thomas Geoghan 100 Park Avenue Gettysburg, P A 10121/1998 to 12/30/1998 d) Plaintiff, the mother of the child, is Heather Anne Geoghan, currently residing at an undisclosed location for her protection to avoid further abuse. e) She is married. f) Plaintiff currently resides with the following person: Name Benjamin Thomas Richard Geoghan Relationship her son g) Defendant, the father of the child is Benjamin Thomas Geoghan, currently residing at Country Manor West, 234 Birch Lane, Carlisle, Cumberland County, Pennsylvania. h) He is married. i) Defendant currently resides alone to the best ofPlaintifP s knowledge. j) Plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. k) Plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. I) Plaintiff does not know any person not a party to this action who has physical custody of the child or claims to_ have custody or visitation rights with respect to the child. m) The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to Plaintiff pending a he_aring in this matter for reasons including: 1) Plaintiff is a responsible parent who has provided for the emotional and physical needs of the child since his birth, and who can best take care of the minor child. 2) Defendant has shown by his abuse of Plaintiff that he is not an appropriate role model for the minor child. 9. The facts of the most recent incident of abuse are as follows: Approximate Date: Place: On or about March 10, 2000 Country Manor West, 234 Birch Lane, Carlisle, Cumberland County, Pennsylvania On or about March 10, 2000, Defendant stood in close proximity to Plaintiff and yelled at her, and shoved her against a set of closet doors, causing her to fall against the washer and dryer. Defendant pushed his forearm against Plaintiff's chin, and pushed her against the washer and dryer with his other arm. Defendant continued to yell in her face as Plaintiff tried to get away from him, and when she went into the bedroom, he followed her, shoved her about, causing her to fall to one knee, grabbed the collar of her shirt, shook her violently, tore the shirt off of her, hit her in the eye, and shoved her to the floor with such force that the impact knocked the breath out of her. Plaintiff sustained bruising, swelling, and soreness about her face and eye, and bruising and soreness about her arms as a result of this incident. Later the same evening, the parties went to a scheduled marital counseling session together. After Plaintiff spoke to the counselor alone and told him of the incident which occlUTed earlier in the day, he advised her to leave the marital residence as soon as possible for her protection. To avoid further abuse, Plaintiff took the parties' 17- month-old baby and left the marital home the following day after Defendant went to work. 10. Defendant has committed the following prior acts of abuse against Plaintiff: a) On or about March 6, 2000, Defendant yanked the telephone cord out of the telephone disconnecting it, and when Plaintiff tried to plug it back in, Defendant shoved her. Later, Defendant grabbed ahold of her hand, twisted her hand, pulled the telephone from her hand, and shoved her to the floor. b) On or about March 5, 2000, Defendant wrenched a computer cable out of Plaintiff's hand, causing her to scream in pain, and shoved her out of his way as he went out the door. Plaintiff sustained bruising about her finger as a result of this incident. c) In or about the beginning of March 2000, Defendant intentionally closed the door on Plaintiff's hand which was on the door jamb. d) On or about March I, 2000, Defendant grabbed Plaintiff's arm twice, pushed up against Plaintiff, causing her to fall to the floor, grabbed her wrist so tightly that she fell to her knees, and struck her on top of the head. Plaintiff sustained bruising about her wrist and a headache that lasted through the night as a result of this incident. II. The following police departments or law enforcement agencies in the area in which Plaintiff lives should be provided with a copy of the Protection Order: Carlisle Police Department - Plaintiff s current undisclosed residence Middlesex Township Police Department - Plaintiffs permanent residence 12. There is an immediate and present danger offurther abuse from Defendant. 13. Defendant owes a duty of support to Plaintiff and the parties' minor child. WHEREFORE, PLAINTIFF REQUESTS THAT THE COURT ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff in any place where she may be found. B. Award Plaintiff temporary custody of the minor child and place the following restrictions on contact between Defendant and child: Defendant may have visitation with the parties' minor child at times and places mutually agreed upon by the parties pending further Order of Court. C. Order Defendantto pay temporary support for Plaintiff and the parties' minor child, including medical support. D Order Defendant to pay the costs of this action, including filing and service fees. E. Order Defendant to pay $250.00 to reimburse one of Legal Services, Inc.'s funding sources toward the cost of litigation in this case. F. Order the following additional relief, not listed above: Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Plaintiff. G. Grant such other relief as the court deems appropriate. H. Order the police or other law enforcement agency to serve Defendant with a copy ofthis Petition, any Order issued, and the Order for Hearing. The Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 14. The allegations of Count I above are incorporated herein as iffully set forth. 15. The best interest and permanent welfare of the minor child will be served by confirming custody in Plaintiff as set forth in paragraph 8 of the petition. WHEREFORE, pursuant to 23 Pa.C.S.s5301 et. seQ., and other applicable rules and law, Plaintiff prays this Honorable Court to award custody of the minor child to her. Respectfully submitted, Date: 3/~I/C-O I I an Carey, Attorney for aintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION I verifY that I am the Petitioner as designated in the present action and that the fucts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.~4904, relating to unsworn falsification to authorities. Dated: -3lW(X> Jl.oI.~ a~q 6t.n~~ Heather Arnie Geoghan, Plainti r-: C" , ~:: l.-j ...--0. ;.~.~ (") ~~-~ Cl o -,I c.::.' :-:l \:.:~ ~; :0 -< ; ~--'> " ;-v ;-.> ~ 5 :~ .... \' ~ (" , '>J '" ~ ..... .. . . . HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2000-1699 CIVTI., TERM BENJAMIN THOMAS GEOGHAN, Defendant : PROTECTION FROM ABUSE AND CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this 3'" day of March, 2000, upon consideration of the agreement of the parties made in open Court on March 29, 2000, with regard to custody ofthe parties' child, Benjamin Thomas Richard Geoghan, born October 21, 1998, the following Temporary Custody Order is entered: 1. Plaintiff; hereinafter referred to as the mother, and Defendant, hereinafter referred to as the father, shall share legal custody of the child. 2. The mother shall have primary physical custody of the child. 3. The father shall have partial custody of the child as follows: a) Alternate weekends from Saturday at 10:00 a.m. until Sunday at 5:00 p.m. commencing Saturday, April !, 2000. The father shall have his mother or his father present during the first two weekend visits. b) Each Wednesday from 12:30 p.m. until 5:00 p.m. c) Other times mutually agreed by the parties. 4. The mother shall have first preference to provide care for the child in the event the father has to work during his periods of partial custody. . . This Order shall remain in effect pending further Order of Court. By the Court, Ad- . Hess, Judge Joan Carey, Attorney for Plaintiff - ~ ~ LFGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 . Gwendolyn S. Hailey, Attorney for Defendant - ~ ~ Mary Sachs Building, Suite 130 208 North 3" Street P.O. Box 60713 Harrisburg, PA 17106-0713 0 = ,-, c = -n g -- --1 - -or""" :>= ~1;: ~g ~" ~ ZC (;;) :.~~9 CO :-' .:..(Z ~{~ kG --0 .':';: =+l ~o ::;;:: C)-- ~.,..C) <=0 t.f! ofn )>c: -< -7 0 ?:g 3. ,0 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01699 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GEOGHAN HEATHER ANNE VS GEOGHAN BENJAMIN THOMAS SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon GEOGHAN BENJAMIN THOMAS the DEFENDANT , at 0009:14 HOURS, on the 23rd day of March , 2000 at COUNTRY MANOR WEST 234 BIRCH LANE CARLISLE, PA 17013 by handing. to BENJAMIN T. GEOGHAN a true and attested copy of PROTECTION FROM ABUSE AND CUSTODY, NOTICE OF HEARING & ORDER, together with TEMPORARY PROTECTION FROM ABUSE 0RDER and at the .same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A;::~~/-~ 18.00 4.34 .00 10.00 .00 32.34 R. Thomas Kline 03/27/2000 Sworn and Subscribed~to before . me thfs. iP 10 - day of By: ....J . p '1ar. "OYT m. .AU.<40.~ Deputy Sheriff I'J"".P cJ;znJA.D. '~ C. J-n.J/~.,~ ~ ~ .. rothonotary