Loading...
HomeMy WebLinkAbout98-07282 fi!~ I i I I f I - ' U' ~: ~: d' "4 ~ """ ~ <J Qd cD \ Uo ~ ~ JARRE'IT H1{OCK lInd AI'RIL IIALL. 1'llIintiffs V. IN 'I'm: COURT 01' COMMON I'U:AS 01' ClIMIn:RLANU COlINT\', I'ENNSYLV ANIA ClVI L ACI'ION - LAW 9 J' - ?J.<P:.z C'LH '( ~Lhl KENNETII GEIST lInd AMELIA GEIST, Dcfcndllnts NO. IN <:lIST{)O" ORDER OF COURT AND NOW, this ---.S_ day of ( \JC (',_ , 1991, upon consideration of the attached Custody Complaint, it is here y directed that the parties and their respective counsel shall appear before ~~c ~ '~ (~ \ \ r~\~ t'\CI, the Conciliator, at \\-0(' ")\"\''\ \\c-1:n \nc~ C\i:' (i \~-';{r(\rc\c\ (c,: ((\~,\,(\y 'the'S" day of .l-AOi ( " , 19'1"1 at 'I,: '',,(--{ o'c1oekn, 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 pennancnt order. FOR THE COURT, BY:~J...t'o'i\Dr1 (J.~ Custody Conciliator J (~,:) The Court of Conlin on 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 COUlt, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A T ONCE, IF YOU DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL IIELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle. I'A 17013 (717) 249-3166 :'~. t'" '. " " . ,... J." ""-', .' ,I ':,'-'". ':. ..~~',:. ,":"'.~~~,,~. " ';.:":';~_~t___-:",,:.- \ '~_'~_".') .,; \._, , J.f. .~~7 &d {~' A1C?-~/ ;l- ,;71 d~/"~ / t. fr' l~:r /11C~/ ~ "dff jI ;7 /.; "'~ /J. . ~ . /., /I ./ Lj l>,7! Lt~ r'{)C'/d ""'<~ 7(- ~~rt</ ;rYCL . '.', , " '. r '.: '~. '::',"""',' _' .,',,' :".'::>. ~" " . :':" ': " ~':", .'. " " . .IAIUUTI' mtOCK and, AI'RIL JlALL, I'!aintiffs IN TilE COllin Oil COMMON PLEAS OF OJMUERLANI) (;OlJNTY,I'ENNSYIN ANIA V. KENNETH GEIST and AMELIA GEIST, Dcfcndllllts CIVIL ACJ'lON - LAW NO. (/ J. 7,). ,r.1 Cl'~/ _...-~'_' I~ (,.( ",--- IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiffs, Jarrett Brock and April Hall, by and through their attorney, Jacqueline M. Verney, ES{Juire and represents the following: I. The plaintiffs are Jarrett Brock, natural father and adult individual who resides at 1071 Harrisburg ()ike, Carlisle, Cumberland County, Pennsylvania, 17013 and April Hall, natural mother and adult individual who resides at 117 4th Street, Apartment 516, Allentown, Lehigh County, Pennsylvania. 2. Defendants are Kenneth Geist and Amelia Geist, adult individuals who reside at P.O. Box 136, Spring Road, Plainfield, Cumberland County, Pennsylvania 3. TI1e plaintiffs seek custody of the following child: NAME !)RESENT ADDRESS AGE Isaiah Steven Hall, P.O. Box 136 Spring Road, Plainfield. PA DOB 10/15/88 The child was born out of wedlock. The child is presently in the custody of defendants, Kenneth and Amelia Gei~t, who reside at P.O. Box 136. Spring Road. Plainfield. Cumberland County. Pennsylvania. During the past nine years. the child has resided wilh the following persons and at the following addn..sses: '. ,'.; : ' . , ~ .' .-', ~ ,- :\' , ~,., J' ':" . <' "', " ~ '. - I " - ~~~~._.. ......." -"~ '..r-'~ . ~'~.~~ :\\~ .... LIST ALL I'ERSONS ADDRESSES DATES Kenneth and Amelill Geist [).O. Box 136, Spring Road Jllnuary 1990-I)resent Plainfield.I'A The mothcr of the child is Aprilllall (;urrcntly residing:ll 117 4th Street, Allentown, I'cnnsylvania. 18102. She is single. Thc fllthcr of the child is Jarrcll Brock currcntly rcsiding at 1071 Harrisburg Pike, Carlisle, I)ennsylvani:l, 17013. He is singlc. 4. Thc relationship of Plaintill's to thc child is mothcr and father. The Plaintiffs currently rcside with: NAME RELATlONSHlI) Jarrett Brock/Patricia T. McAllister girlfricnd April Hall/Nevin Day fiance 5. The rclationship of defendants to thc child is aunt and uncle. nle defendants currently residcs with NAME RELATIONSHIP Isaiah Stcvcn H:l1I ntphcw 6. PlaintitTs have not participated as a party or witness, or in another capacity. in othcr litigation conccrning thc cu~1ody of this minor child in this or another court. Plaintirr:~ havc no information ofa custody procccding conccrning thc child pcnding in a court of this COl11monwcalth. ~..r- . ... , . . , ,',' . . ~ .' 'I" , :~' '.:: '. " ',.o : ":, " ':,' '. . ,~ - ,- , '.' l'laintitls do not know ora pcrson not a pllrly to thc procccdings who hils physical custody of the child or claims to havc custody or visitation rights with respcct to thc child. 7. Thc best interest and pennancnt welfarc ofthc child will be servcd hy granting the reliefrequcsted becausc: a. Mother can providc a loving, caring, nurturing home for thc child. b. Child has indicated a preference to live with Mother. c. Child has a half-brother residing with Mother with whom a relationship should be established. d. Defendants have rcfuscd or restricted plaintiffs from visitation and partial custody of the child which has been detrimental to the parcnt/child relationship. e. Defendants have kept the Mother appriscd of the physical and intellectual development of the child, but havc not kcpt the Father appriscd of his physical and intellectual development. f Defcndants have failcd to cooperate with plaintiffs in maintaining and encouraging a relationship between child and natural parents. 8. Each parcnt whose parental rights to the child have not been tennin3ted and the person \\ho has physical custody of the child have been named as parties to this action. All other pcrsons, named below, who are kno\\TI to havc or claim a right to custody or visitation of the child will be given notice of the pcndency of this action and thc right to intcrvcnc: NAME ADDRESS BASIS OF CLAIM ~ ~ '0) ..) . , ", ",' "",, I . .'.' ,:,,: ',."" ',..,'.', '.- .. " . '" ," ,,; ,-".. , . NONE WHEREFORE, l'laintills request this Court grant sharcd Icgal custody of the child to the plaintifls and primary physical custody ofthc child to April Hall with periods of partial custody with Jarrett Brock. Rcspcctfully submitted, Date: /,)/::.Ill ", ;' '1 .' 1'7' II- I, :? .c......--.'--.~ t.:_ _ -.-<'--ro)., (-_.~\ / 1 ~-,-- )acqueline M. Verney, Esquirc .:1 44 South Hanover Street Carlisle,PA 17013 Suprcme Ct. ID 23167 Attorney for Plaintiffs . , " '"'.' , .' .,: "I '" ':, ';\, :', ....,.: ) ',. , " " '.:, ':" .' ' : 1. VERI FICATION I verily that the statements made in the within Complaint arc true and correct. I understand that false statcments herein are made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unswom falsification to authorities. / 1m,' /;/,ffj .. ( /---'H"I/ I /1 .. I ."'. . '. . ,', ".' "', ,.' "'.,: .,.',.,'::-',', ~ '., ~ ,": '. :\~, . ;" "~ :,' ,,:.~ ,~,. APRIL HALL VERIFICATION I verifY that the statcmcnts made in this Complaint arc true and corrcct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoritics. Dated: I 2-/1/ 'i f) . ": ....-:--.}....- ..' , .'....: .' . ' , . ':', ~ " \ " " :'" , . " , . " ," .. .", . , ".. \ \'. NO. 98-7282 CIVIL TERM '\i .( ';, I : '1\ : (! h ~' /~1 'j~'/I ~{ : :i.f\ :,6' !I 1 i. .IARRETI' nltOCK, APRIL HALl., Plaintiffs IN THE COllltT OF COMMON I'LEAS 01" OJMIlR.:LAND COUNTY, PENNSYLANIA KENNETH GEIST, AMELIA GEIST, Defendants (;IVIL ACTION-LAW IN ClJSTODY PLAINTIFFS' PRETRIAL MEMORANDUM AND NOW, comes the Plaintiffs, Ja1Tett Brock and April Hall, by and through their attorney, Jacqueline M. Verney, Esquire, and hereby files this Pretrial Memorandum. TI1e child involved in this matter is Isaiah Steven Hall, D/OIB October 15, 1988. I. WITNESSES Mother and Father expect to call the following witnesses: I. April Hall, the Mother of the child, will be called to testifY to her relationship and involvement with the child, her present living arrangement, the parents' parenting skills, the alienation of the parent/child relationship by the defendants, and other relevant matters regarding the best interest of the child. 2. Jarrett Brock, the Father of the child, will be called to testifY to his relations.ltip and involvement with the child, the parents' parenting skills, his present living arrangement, the alienation of the parent/child relationship by the defcndants, and othcr rclevant matters regarding the bcst interest of the child. 3.Jcnnie Weedon. sister of Mother ""ill testify to the parents' rclationship and involvemcnt with the child, the alienation of the parent/child relationship by the dcfendants and the other relevant mattcrs rcgarding the be~t interest of the child. , \ 4. Georgc Dorsey, the child's matcrnal grandfather, will testify to the parents' relationship and involvemcnt with thc child, the parents' parenting skills, the alienation of the parent/child relationship by thc defendants and other relevant matters regarding the best interest of the child. 5. Joslyn Brock, the child's paternal aunt, will testifY to the parents' relationship and involvement with the child, the parents' parenting skills, the alienation of the parent/child relationship by the defendants and other relevant matters regarding the best interest of the child. II. PLAINTIFFS' POSITION ON CllSTODY Mother requests primary physical custody of the child. Father is in agreement with granting Mother primary physical custody of the child. Respectfully submitted, Date: -112/ 'i7 , ,/ I ~'_<--;l',-(C,.,( Ih . UL'-~ )acqJeline M. Verney, Esquire 0 Supreme Ct. ID 23167 44 South Hanover Street Carlisle,PA 17013 (717) 243-9190 Attorney for Plaintiffs ...-P",: "-oil ., .' "" ,,",' ,'.,~. .",.,~',;' :",',"'.' \', ~'.: ,,",' ,:, ,.' --~~...." "',' ';. '.' ..~' - CERTIFICATE 0... SERVICE [ hereby certify that a true and corrcct copy of the foregoing [)rctrial Memorandum was served on thc following pcrson by First Class, US Mail, postage prepaid: Samuel L. Andes, Esquire 525 N. 12th Street Lemoyne,PA 17043 Date: ./ / ". :'; (I ) /.L. _, l', I.,." h I I (, .Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717)243-9190 Attorney for Plaintiffs ~"\ 'J -- , " . '. ~ " . " 1 , . '. '. I, ' '. ' . . I .!. . .' . . ,', '" .' ",. . . APRIL HALL and JARRETT BROCK, Plaintiffs VS, KENNETH GEIST and AMELIA GEIST, Defendants AND NOW, this ':f0 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LA W 98-7282 CIVI L IN CUSTODY ORDER day of May, 1999, at the requcst of counsel for the p.m. in Courtroom Numbcr 4, Cumbcrland County Courthouse, Carlislc. PA. plaintiffs. hcaring in this matter set for Junc 3, 1999, is continued to Friday. July 9, 1999, at 1:30 BY THE COURT, Kt.,f7,,~;.L / :,; /10 )"1 1. _.S f'. Samuel Andes, Esquire For thc Dcfcndants '-'\.r<I ~,~ ")1'\.{t.(..C.:.<L- - '---1,/ ~, . ,", '. ' . . ". :, ,~I " . ~ i' , .". . '" . ~ .. '. .' '. . " Jacqueline Vcrney. Esquirc For the Plaintiffs :rlm APRIL HALL and JARRETT BROCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. 98-7282 CIVIL TERM KENNETH GEIST and At.1ELII\ GEIST, IN CUSTODY Defendants IN RE: CUSTODY ORDER OF COURT ~~D NOW, this 9th day of July, 1999, 2:18 p.m., this matter having been called for a hearing in open court, and it appearing that the parties in person or by their counsel have reached agreement to resolve the issues raised in the petition scheduled for today's hearing, we hereby enter the following Order: 1. Legal custody of the minor child, Isaiah Steven Hall, born October 15, 1988, is hereby awarded to and shall continue with the defendants, Kenneth Geist and Amelia Geist. Mr. and Mrs. Geist, however, shall be charged with responsibility to provide current information regarding child's health care, education, and similar matters to both plaintiffs, April Hall and Jarrett Brock. 2. Primary physical cusl:ody of said child shall continue with Kenneth and Amelia Geist. ., ~. The biological mother of the child, April Hall, shall have periods of tcmporary custody on alternating weekends, from FrIday at G:OO p.m. until Bunchy at G:OO p.m., commencing today, Jllly 9, 1~99, 311d (:(Jl~tjlltliI19 all every [ourtll weekend tbere~:l.f ter. The:,!. j l-}:;t :' i x :,lJch per i 0c1}3 of t C:'mporary custody shall tav.c- pL,e,' at tl1t:- ];(:m' of Gertrudc Hall, the child's matcrn.:11 r]r::indmc>tbpl', in C'lrli~;Jc, 1\]" and only aftc-r six , . . . _. ' .' I .. I" .,. , ~.' " .' '. . " , weekends at that location shall April Hall be permitted to take the child to her home in AllentOlm. 4. The biological father of the child shall have temporary custody every fourth weekend, from Friday evening at 6:00 p.m. until Sunday evening at 6:00 p.m., commencing on Friday, July 23, 1999, and continuing every fourth weekend thereafter. 5. The child shall have the right to free telephone access to all the parties to this action whenever the child is in the custody or temporary custody of the other party or parties. whoever has custody or temporary custody of the child shall be responsible to assure reasonable telephone access between the child and the other parties to this action. By the Court, Ke:0f. d:f-J / Jacqueline M. Verney, Esquire For the Plaintiffs . 71'S /1'1. ...J. 'f. ",,<u..laC - C~!J4"" Samuel L. Andes, Esquire For the Defendants :mtf (') U) 0 <:':= ill -n ~,' i,"; t_ ".\ 1]'; f= ., 'n , j---=- , , ,,, .. '.1 U ; ; ::":1 r' ,. .~, ~:-, ,... ,-i .' . r", :.: ; (") .".:~ l.,.: 5 , , rn l_. ::, ,. "!c- ", ~ ::I! ..... .... ." (",- . " ',tn' J"' ,.. ',.., ' - /" , . I 1I:?:3 c. "', "",1.' , '. ~ . ~ ." .., APRIl. I IAI.I. und MRIWIT IIROCK. Plaintiff IN TilE COURT OF COMMON PI.EAS OF CUMHERI.AND COUNTY. PENNSYLV ANIA I' CIVil. ACTION - LAW KENNETI I GEIST and M\ll:UA GEIST. Dclcndants NO. 98-7282 CIVIL IN CUSTODY Prior Judge: Kevin A. Hcss CONCILIATiON CONFERENCE SlIMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits thc following rcport: I. Thc pCltincnt infol1nation pertaining to thc child who is tIll: subjeet of this litigation is as follows: Isaiah Stcven Hall. hom Octobcr 15. 1988. 1. A Conciliation Confercnce was hcld on March 5. 1999. with the following individuals in attcndancc: Attomcy Jaequclinc Vcmey and thc natural Fathcr, Jarrell Steven Brock. Also appearing werc thc matemal aunt and unclc. Kcnncth and Amelia Gcist. The Gcist's counsel is Allomey Sllmucl Andes who did not appear. 3. Thc Conciliator reccived corrcspondcnce fOl1n Attomey Andes and Attol11cy Verncy subscquent to thc mcntioncd Conciliation Confcrencc. Thc child has rcsided with U1C matcmalllunt and uncle for most of his life. TIle natural parcnts now seek custody and/or periods of temporary custody with thc minor child. 11le parties were able to reach an intcrim agrccment but a hearing is still ncccssary. 4. Thc Conciliator rccommcnds an ordcr in the fOl1n as attached. _~l~Lql- DATE llubcrt X. Gilroy, E quirc Custody Concili; r , ',' :' " ' '. ',' . , ' , . ~\"I '_.: . '., I '.' . :... '.'." , ':,""." ,~- , ,.' '" -' . I Ii I! I' :1 \, II I' \ \ I \ Defendants and about the Defendants' proper care for the child. Dr. Bauer will not be available in person and may have to testify by phone or at a later hearing. Defendants reserve the right to call additional witnesses as may be necessary to rebut any information submitted by the Plaintiffs in their case-in-chief. 3. Proposed Resolution. Defendants propose that they continue to have legal and primary physical custody of I I , \ the child, be permitted to have periods of temporary custody with the child at her mother's \ I 1 il il Ii I' !\ i: \1 II d \: " 'I ii the child, that the mother, who is the only biological parent who has shown any interest in home in Carlisle until such time as the mother has re-established a reasonable relationship with the child and the child is comfortable with the mother and the Defendants are comfortable with the mother's care for the child. Respectfully submitted, Sa uel L. Andes Attorney for Defendants , .' .n.." d . """. . .' '; . ., .' .', I ; : '.. . . ' '. ".' ~: .." , . , . ' - ""/' '".' ..', 'j\ " " .' 0-,- . -",., . , ' . , ", .' ':' , " .;. " ,:' . .. " , ,~ ' , '. "', ' ' " ",' , "'. . , ' , ' . , ' '."