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HomeMy WebLinkAbout03-0422FAY GEESA~AN, laintiff DONALD GE AMAN, Defendant Cumberland Ct 2. Boiling Spring., 3. · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · 05 ' Ci¢ I ·CIVIL ACTION - CUSTODY COMPLAINT FOR PARTIAL CUSTODY ['he Plaintiff is Fay Geesaman, who resides at 20 Ashburg Drive, Mechanicsburg, ~unty, Pennsylvania, 17050. l'he Defendant is Donald Geesaman, who resides at 1472 Boiling Springs Road, Cumberland County, Pennsylvania, 17007· ?laintiff seeks custody of the following children: Present Residence 1472 Boiling Springs Rd. Boiling Springs, PA 17007 1472 Boiling Springs Rd. Boiling Springs, PA 17007 Name 1. Court_ney G~esaman 2. Whimey Ge}saman Age 16 (bom 12/24/86) 13 (bom 12/19/89) The cl~ldren were not bom out of wedlock. / The chtldren are presently in the de facto primary physiical custody of Donald Geesaman, / who resides al 1472 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania, 17007· During the past five years, the children have resided with the following persons and at the following addrebses: NAMES OF P1 Fay Geesaman Geesaman Donald Geesam The m~ ;RSONS ADDRESSES DATES and Donald 105 Pin Oak Drive January 1, 1998 to Carlisle, PA 17013 November 15, 2002 an 1472 Boiling Springs Road, November 15, 2002 Boiling Springs PA, 17007 present. to the her of the children is Fay Geesaman, currently residing at 20 Ashburg Drive, Mechanicsburgt Pennsylvania, 17050. She is married but is separated from the Defendant. The fat~er of the children is Donald Geesaman, currently residing at 1472 Boiling Springs Road, Boiling 4. resides with th Name Courtney and o children, it is u 6. litigation conc~ pending in a cz custody of the )rings, Pennsylvania, 17007. He is married but is separated from the Plaintiff. lae relationship of Plaintiff to the children is that of mother. The Plaintiff currently following persons: fnitney Geesaman Relationship Children (when enjoying de facto rights of temporary physical custody). The relationship of Defendant to the children is that of father. aknown with whom Defendant resides. Other than the Plaintiff has not participated as a party or witness, or in another capacity, in other ~ming the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children ~urt of this Commonwealth or in any other state. Plaintiff does not know of a person not a party to the proceedings who has physical children or claims to have custody or visitation rights with respect to the children. 7. l~he best interest and permanent welfare of the children will be served by granting the relief requesled because: 'lainfiff desires to have a loving and meaningful relationship with her children with which relations of physical cust, 8. person who has WHEPd legal custody ol Date: dp Defendant continues to interfere, preventing Plaintiff from exercising her rights ~dy of the children. ~ach parent whose parental rights to the children have not been terminated and the >hysical custody of the children have been named, as parties to this action. ~FORE, Plaintiff requests the Court to grant shared physical custody and shared 'the children to her. ~ I.~.-1~o.: 07047 6 Locust Street / ~.O. Box 11489 Hmxisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff VERIFICATION I verify ~hat the statemems made in this Complaint are true and correct. I understand that false statementslherein are made subject to the penalties of 18 Pa., C. S. §4904 relating to unswom / falsification to luthorities. DATE: FAY GEESAMAN PLAINTIFF DONALD GEESAMAN DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-422 CIVIL ACTION LAW IN CUSTODY ORDER OFCOURT AND NOW, Friday, January 31, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, March 11, 2003 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an eflbrt 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/ Melissa P. Greevy, Esq, 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 170 l 3 Telephone (717) 249-3166 Jeffrey R. Boswell, Esquire Supreme Court I.D. #25444 BOSWELL, TINT~ER, PICCOLA & wICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant, Donald Geesaman FAY GEESAMAN, Plaintiff, va. DONALD GEESAMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-422 CIVIL ACTION - CUSTODY ANSWER TO COMPLAINT FOR PARTIAL CUSTODY AND NOW, comes Defendant, Donald Geesaman, by his attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham and presents this Answer to Complaint for Partial Custody, as follows: 1. Admitted. 2. Admitted. 3. Admitted and denied. Defendant admits that the dates and addresses are as stated in the Complaint. Defendant denies that Plaintiff should have custody of his children. Plaintiff asserts that primary physical custody should continue in the Defendant Father. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted and denied. Defendant Father admits that Mother and Father should share legal custody, but denies that physical custody should be shared, as Defendant Father asserts that Mother and Father have demonstrated a course of conduct for primary physical custody to be granted to the Defendant Father. 8. Admitted. WHEREFORE, Defendant requests this Court to grant shared legal custody to Mother and Father and to grant primary physical custody of the minor children to Defendant Father, subject to periods of temporary physical custody to Plaintiff Mother. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: DATE: March I3 ,, 2003 VERIFICATION I, Donald Geesaman, Defendant, hereby verify that the facts contained in the foregoing Answer to Complaint for Partial Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. DONALD GEESAMAN DATE: March /~- , 2003 CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the Answer to Complaint for Custody on the following: Jay R. Braderman, Esquire 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff Fay Geesaman Method of Service: First class mail Certified mail/Restricted Delivery X Other / Personal Service BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Dated: March /.3 , 2003 FAY GEESAMAN, Plaintiff VS. DONALD GEESAMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-422 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH Courtney Geesaman December 24, 1986 Father Whitney Geesaman December 19, 1989 Father CURRENTLY IN CUSTODY OF 2. A Conciliation Conference was held on March 13, 2003, with the following individuals in attendance: The Mother, Fay Geesaman, with her counsel, Jay R. Braderman, Esquire and the Father, Donald Geesaman, with his counsel, Jeffrey Boswell, Esquire. 3. Under the existing custody arrangement, the Mother has been having physical custody of the Children on alternating weekends from Friday through Sunday and during the interim weeks from Monday through Tuesday. The Father has had custody at all other times. The parties agreed at the conference to obtain a counselor to meet with the Children, assist the parents in implementing a trial shared custody arrangement, and provide guidance to the parents in determining which custody schedule best meets the needs and interests of the Children. It is anticipated that the counselor's role will be to provide an independent outlet for the Children to express their feelings and needs with regard to the alternative custody schedules. The parties' goal is to accommodate the Children's preferences to the extent it is in their best interests without placing the burden of choice in the Children. 4. The parties agree that the current physical custody arrangements will continue until a shared custody schedule is commenced on a trial basis and the parties will share having legal custody of the children. 5. It was agreed by the parties and counsel that the entry of a Court Order is not necessary at this time but that counsel for either party may contact the conciliator (within six months of the first conference) to schedule an additional custody conciliation conference if necessary to establish ongoing custody arrangements. Date Dawn S. Sunday, Esquire~ Custody Conciliator cc: Jay R. Braderman, Esquire, Counsel for Mother Jeffrey Boswell, Esquire, Counsel for Father FAY GEESAMAN, Plaintiff DONALD GEESAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-422 CIVIL ACTION LAW : IN CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY I. LEGAL CUSTODY The parties hereby agree to share legal custody of their minor children, Courtney Geesaman, born December 24, 1986 and Whitney Geesaman, born December 19, 1989. All decisions affecting the children's growth and development including, but not limited to: choice of daycare provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; secular education, scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaiffmg and following a harmonious policy in the children's best interest. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well being of the children. 3. While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 4. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 5. The parents shall communicate directly with one another concerning any parenting issue requiting consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 6. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day- to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 7. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and shall have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school as the parents to be contacted in the event of an emergency and to be notified regarding school events. 8. Neither parent shall schedule activities or appointments for the cl,fildren which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parent's express prior approval. II. PHYSICAL CUSTODY schedule: 1. The parents shall share physical custody of the children with the following Whitney Geesaman: One week with Mother, one week with Father and alternating weeks thereafter. A week defined from Monday morning until Monday morning. 2. Courtney Geesaman: During those alternating weeks that Mother has custody of Whitney, Mother shall also have custody of Courtney Monday, Tuesday, Friday, Saturday and Sunday overnight. 3. The parties shall alternate custody of the children on the following holidays: Presidents' Day and Labor Day. Wife shall have custody of the children on the Saturday immediately preceding Easter Sunday and every Memorial Day. Father shall have custody of the children every Easter Sunday and every July 4t~. Holiday visitation shall be from 9:00 a.m. to 9:00 p.m. Mother's Day with Mother, Father's Day with Father. 4. a) On Thanksgiving Day, Father shall have custody of the children from 9:00 a.m. to 3:30 p.m. Mother shall have custody of the children from 3:30 p.m. to 10:00 p.m. b) The children shall be with Father every Christmas Eve overnight from 6:00 p.m. to l:00 p.m. Christmas Day and on every Christmas Day from 7:00 p.m. to 10:00 p.m The children shall be with Mother every Christmas Day from 1:00 p.m. to 7:00 p.m. 5. Each party shall have two unencumbered non-consecutive weeks of vacation with the children during the summer months. At least thirty days notice of the weeks desired shall be given to the other party. The vacation week chosen shall include that party's regular week and weekend with the children. arrangements are necessa~. 8. commitment. The holiday and vacation schedule shall supercede the regular schedule. Each parent will provide the other at least 24 hours notice if alternate Both parties acknowledge the need to be flexible from time to time in meeting this IH. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the children and both parents. The parents are encouraged to place telephone calls to the children between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime. The children shall be permitted free access to place calls to their parents at any time they desire. IV. TRANSPORTATION All transportation to implement this visitation under this Agreement shall be shared. V. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences. If either party desires to establish a residence more than twenty-five (25) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move in order to give the parties the opportunity to confer prior to the relocation and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody/partial custody order. 5 The parties agree and urge that this Stipulation be entered as an Order of the Court. ~J~R/'lS~erman, Esqtiire [ ~ [~o/rnd for Plaintiff //~ ~ate: Attorney for Defendant 6 DEC 1 9 2003 FAY GEESAMAN, Plaintiff DONALD GEESAMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 03-422 CIVIL ACTION LAW : 1N CUSTODY ORDER The attached Stipulation for an Agreed Order of Custody dated and as executed by the parties is approved and is an Orde$.: ?court.