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HomeMy WebLinkAbout03-5395IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA GEESEY, Plaintiff V. BARBARA GEESEY SMITH, Defendant CIVIL ACTION - IN CUSTODY COMPLAINT IN CUSTODY AND NOW COMES Plaintiff, Sandra Geesey, by and through her attorney, Christopher J. Keller, Esquire and files the following Custody Complaint: 1. The plaintiff is Sandra Geesey, residing at 120 Ridge Road, Etters, York County, Pennsylvania 17319. 2. The defendant is Barbara Geesey Smith, current whereabouts unknown, last known address Shippensburg Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following child: Name Current Residence lan Geesey 35 Cleaver Road Shippensburg, PA Age 10 years DOB 6/11/1993 The child was bom out of wedlock. The child is presently in the custody of Cheri Gardner and Paul Gardner who reside at 35 Cleaver Road, Shippensburg, Cumberland County,. Pennsylvania. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Address Dates Cheri Gardner 35 Cleaver Road Paul Gardner Shippensburg, PA Bethany Gardner (Gardners' daughter) Barbara Geesey Smith Mary Smith Joseph Smith Duane Smith Barbara Geesey Smith Colonia, New Jersey March 2003 - present 12/2002 - 3/2003 Duane Smith Barbara Geesey Smith 221 Joya Circle Harrisburg, PA 17112 June 2002 - 12/2002 Sandra Geesey 120 Ridge Road Wayne Geesey Etters, PA 17319 John Geesey (Geesey's 11 year old son) 9/1995-June 2002 7. The mother of the child is Barbara Geesey Smith, current whereabouts unknown. The mother is married to Duane Smith. 8. The father of the child is unknown. 9. The relationship ofplaintiffto the child is that of maternal step-grandmother. The plaintiff currently resides with the following persons: Names Address Dates Wayne Geesey 120 Ridge Road John Geesey Etters, PA 17319 Luis Blanco (foreign exchange student) 9/1995-June 2002 10. The relationship of the defendant to the child is that of biological mother. The defendant's current residence is unknown. 11. Plaintiff has participated in other litigation concerning the custody of the child in the Court of Common Pleas of York County. The action was a dependency action docketed to 413 J.A. 1995. The orders of court within that docket are attached hereto as exhibits. 12. Plaintiff knows that current physical custody of the child is with Cheri and Paul Gardner whose current residence is 35 Cleaver Road, Shippensburg, Cumberland County, Pennsylvania. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because plaintiff and her husband are ready willing and able to care for the minor child. Plaintiff and her husband have previously had custody of the child seven years. Defendant is incapable of caring for the minor child. 14. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None known. WHEREFORE, plaintiff requests the court to grant sole legal and primary physical custody of the child to the plaintiff. Respectfully submitted, Christopher J. K~tler, Esquire Supreme Court ID 86889 101 South Market S~eet Mechanicsburg, PA 17055 (717) 790-5451 VERIFICATION I verify that the statements made in the attached pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Sandra Geesey IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA IN THE INTEREST OF: : No. 413 J.A. 1995 lAN GEESEY, : A Minor : ORDER AND NOW, this --~-g'a"day of .3,.~\,-1 ,2002, upon consideration of the Agreement and Stipulation regarding the custody ol'the minor child, lan Geesey, as signed by all the interested parties hereto, it is hereby ordered and decreed that tile mother o1' the minor clfild, Barbara Geesey Smith, shall have i'~:'imary legal andd~hystcal custody over thc minor child. By tile Courl, IN TIlE COURT OF COMMON PLEAS OF YORI( COUNTY, PENNSYLVANIA IN TIlE INTEREST OF: lAN GEESEY, A Minor No. 413 J.A. 1995 AGREEMENT AND STIi'ULATION AND NOW, this day of ,2002, comes Barbara Geesey Smith, hereinaller referred to as "Mother", aad Sandra Geescy, hereiuat'ter referred to as "Step-graadmother": WI IEREAS, pursuant to all Agreement aad Stipulatiol~ dated September 14, 1995, the Court o1' Common Pleas of York County, I'ennsylvania entered all Order dated September 20, 1995 granting legal and physical custody o1' the minor child, lan Geesey, then two (2) years of age, date of birth June 11, 1993, to his maternal Step-grandmother, Saudra Geesey (See Exhibit "A'); and WHEREAS, pursuaot to the Court Order dated April 9, 1999 this court reaffirmed legal and physical custody of the minor child, lan Geesey, to his Step-grandmother, Sandra Geesey (See Exhibit "B"); and WItEREAS, York County Children and Youth Services were to be notified regarding any change in the custody oFthe iniuor chikl; and WHEREAS, maternal Step-grandmother notified YCC&YS by letter dated June 17, 2002, that physical custody of the minor child, lan Geesey had been retu,'ned to his mother, Barbara Geesey Slnith, who resides at 221 Joya Circle, ltarrisburg, PA 17112 (See Exhibit "C"); and WHEREAS, the Central l)auphin School District reqnires an amended court order in order to allow the Mother to enroll the lninor child in school (See Exhibit "D"): NOW THEREFORE, intending to be legally bound hereby the parties agree as follows: 1. Legal and primary physical custody of the miaor child, lan Geesey is to be returned to his natural mother, Barbara Geesey Smifl~. 2. The parties hereto agree and ackuowledge that this Agreemeut and Stipulation will be adopted as an Order of Court, with the same lbrce aad effect as if it had beeu entered aflera full hearing. SS Barbara Ge~s~y Smith, M~er Saadra Geesey, Step-grandlnother IN TIlE COURT OF CO~BiON THE INTEREST OF: IAN GF~EY ~ A Minor PLEAS OE YOITI< COUNTY? PENNSYLVANIA NO. dl,5 ,l. A. 1995 (DEPENDENCY) AGREE,¥1ESiT AND SF[PJ[AIIO~ AND NOW, TO ti'IT, I-his ldlh dav oF September, 1995, comes BARBARA GF/SEY, hereinafter referred to as "Mother", SANDY GERRY, hereinafl er referred to as "Step Grl]lldlllol hel'" , and YORK COUNTY CHII,DREN AND YOUTH SRRVICES, hereina~t:er referred to as 5CC&~S : WIIEREAS, Mot'her is tmnble to provide par'ertl:al care for the minor child, Ian Oo~--ey, aL this Lime; and ~taqEREAS, Step Grandmother is willing 1o provide care for [he minor child at this time; and ~EREAS, Mother is ,willing ~o be voluntarily involved with protective services tl-wough YCC&YS, to regain the cuslocly of hat son; a 13(51 WHEEE,qS, all parties ~'ish to sel Ibis agreemenl in writing t'o formalize said agreemen~ anti to have said agreement adopted as an Order of Court; .,O,,, THEREFORE, ir~!-endzn9 lo be legal!y bound herel'o 3tRd COllSideratioR of tl~e I/l!l[k18];_l~l'~=:, .lllt,lll~ S set- forth llerailq.. parities agree as fctlo~s: ], Legal and pl%,sical custody of Ihe minor child, Ian Ge~ev, age 2 vests, date of birth June 1l, 199c, is hereby a~arded to ~he Slep GranchnotheF, Sandy G~el,', tuttil further Order Ma Lerr~a l Court. 2. custocly parties. 3. The Moll/er, BaFIoara Ge~ey, shall have righks of part'iai and visil:atiol-~ as can be mtlttlal]_~ agreed tlpOl'l b_v The ~Molher, Barbara (3 er, shall exectike a Volunta,r_v Agreement for Protective Services with YCC&YS, in order to meet t;he goal of returning legal and physical custod~ of the minor child t:o EXlIIBIT "A" Mother's custody. 4. With this Agreement, Mat:ernal Step Grandmother, Sandy Ge~sey, is also awarded medical authorization and rights to obtain the necessary medical treatment fox- the migor child, provided thai the Mother is informed as to tho. child's condition and apprised o£ said medical treat'me,qt. 5. The parties agree and acknowledge lhat this Agreement and .Stipalation will be adopted as an Order o~ Court, with tho. same force and effect as if it had been entered al:ret a full hearig9. BARBARA GF~$E~, MOTHER ~.~/ SANDY GF~__EY, STEP GRANDMOTHER YORK COUNTY CHILDREN & YOUTH IN THE COURT OF COMMON PI.EAS OF YORK COUNTY, PENNSYLVANIA IN THE INTEREST OF: : No. J.A. 1995 IAN GF~EY, : A Minor : (DEPENDENCY) AND NOW, TO 'consideration of Stipulation, it is ORDER WIT, this~ ~:lay of September, 1995, upon the fore9oi~9 and attached Agreement and hereby ORDERED agd DECREED: 1. Legal and physical custody of the minor child, Ian G~eseY, age 2 years, date of birl-h June ~1, 1993, is hereby awarded to Maternal Step Grandmother, Sandy G~ey. 2. Mother, Barbara Ge~ey? shall have rights of partial custody and visitation as can be agreed upon by the parties. 3. All other provisions of the Ag~-eement and Stipulation are hereby adopted as an Order of Courl, aa~ if the salae had been set forth herein, with the same force and effect a.~ if this Order had been entered after a full hearing on the isst~es. IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA IN THE INTEREST OF: lAN GEESEY, A Minor : bio. 413 J.A. 1995 ORDER AND NOW, TO WIT, this c~{:~ day of April, 1999; WHEREAS, by prior Order of Court, legal and physical custody o[ the minor child, Ian Geesey (D.O.B. 06/11/93), were awarded to his step-grandmother, Sandy Geesey; and WHEREAS, in December, 1998, the Ms. Geesey had requested removal of the nfinor cinld from her care; and WHEREAS, on January 5, 1999, a hearing was held at which time the step-grandmother agreed to continue to care for the minor child until another hearing could be held to address further disposition; and WHEREAS, the step-grandmother, Sandra Geesey, is willing to continue to care for the minor child; and WHEREAS, York County Children and Youth Services and Attorney Brooks Pomper, Court-appointed counsel for the minor child, are in agreement with this course of action. NOW THEREFORE, it is Ordered and Directed as follows: 1. Legal and physical custody of the minor child, Ian Geesey, are reaffirmed in his step-grandmother, Sandra Geesey. 2. The step-grandmother, Sandra Geesey, should immediately notify York County Children and Youth Services regarding any change in the custody of the minor child. EXHIBIT "B" 3. Attorney Brooks Pomper, Court-appoh~te:d counsel for the minor child shall be responsible for filing this Order as a Custody Order in the York County Custody Court System. A copy of this Order shall be provided to caseworker, Michelle Louthian, York County Children and Youth Services; Attorney Dorothy Livaditis, counsel for York County Children and Youth Services; Attorney Brooks Pomper, Court-appointed counsel for the minor child: the mother, Barbara Geesey; and the step-grandmother, Sandra Geesey. 2 Sandra C~e~ey 120 Ridge Road Etters, PA 17319 June 17, 2002 Mr. J'im Rebert, Director York County Children and Youth Services 100 West Market Street, Suite 402 York, Pennsylvania 17401 Dear ~-. Reber~, As per courx order, docket No. 413 J.A. dated April 9, 1999 in the interest of lan Geesey, I ara hereby notit~4n$ York County Children and Youth Services that custody for Ian has changed. Effective June 10, 2002, custody of lan has been returned to his natural mother Barbara Geesey (Smith) who resides at 221 Joys Circle, Harrisburg, Pennsylvania'! 7112. lan was resumed to his mother at the recommendation of lan's therapist, Patricia E. Moore, Pinnacle Health Behavioral Services, 205 S. Front Street, Brady Hall 5u' Floor, Harrisburg, Pennsylvania 17105, You may reach me at (717)787-2095 durin8 the day, if you 'would like to discuss this Snndra Geesey Cc: Mr. R. Hoskins, York County Assistance Office Ms. Victoria Masek, Domestic Relations Mrs. Barbara Geesey (Smith) Karen McConnell CPA DIr. Business Affairs CENTRAL DAUPHIN SCHOOL DISTRICT Administrative Offices 600 Rutherford Rd Harrisburg, PA 17109 Telephone (717) 545-4703 Fax (717) 657-4999 Lauretta Pollock Coord - Child Accounting June 25, 2002 Barbara Smith 221 Joya Circle Harrisburg PA 17112 Re: lan Geesey Dear Barbara Smith Our district solicitor, Mr. Dennis Shatlo, conducted a review of the docmnents presented for registratiou for lan Geesey. Mr. Shatlo has determined that before you can register lan Geesey with the Central Dauphin School District you must obtain an amendment to the court order that originally gave full legal and physical custody of the child to his step grandmother. Until the Central Dauphin School District receives the amended court order, the student"s legal residence remains with Sandra Geesey. Sincerely, Lauretta Pollock Coordinator- Child Accounting Cc: Andrea Julian, CDSD Home/School Visitor Suzanne Mutic, CDSD - Director Pupil Services Sandra Geesey, 120 Ridge Road, Etters, PA 17319 EXHIBIT "D" SANDRA GEESEY, Plaintiff BARBARA GEESEY SMITH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5395 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of October, 2003, upon consideration of Plaintiff's Emergency Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13, and it appearing that Defendant is not residing in Cumberland County, that Plaintiff resides in York County, and that an existing order for custody was entered in York County, the petition for special relief is denied, without prejudice to PlaintiWs right to raise the issues presented in the petition at the conciliation conference on PlaintiWs complaint. BY THE COURT, v'~hristopher J. Keller, Esq. 101 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff irc SANDRA GEESEY : PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5395 CIVIL ACTION LAW BARBARA GEESEY SMITH DEFENDANT : iN CUSTODY ORDER OF COURT AND NOW, Thursday, October 16, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the concili at 39 West Main Street, Mechaniesburg, PA 17055 on Tuesday, November 18, 2003 at 10:00 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempora order. All children age five or older may also be present at the conference. Failure to appear at the conference ma' 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, ~tor, or By: /si Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the America 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 arrangement.' must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedu] 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 3~LEPHONE TttE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 13'013 Telephone (717) 249-3166 IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA GEESEY, Plaintiff SMITH, BARBARA GEESEY Defendant NO. 03-5395 CIVIL ACTION - IN CUSTODY PETITION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT BY PUBLICATION UNDER Pa.R.C.P. 430 NOW COME~ Petitioner, Sandra Geesey, by and through her attorney, Christopher J. Keller, Esquire, and re~, ~ectfully petitions this Honorable Court tbr a special order allowing leave to serve the defendant 1,y publication in the above-captioned matter, and in support thereof states: 1. The PI~ ntiff/Petitioner is Sandra Geesey (hereinafter Grandmother), residing at 120 Ridge Road, Etter~, York County, Pennsylvania 17319. 2. The De}endant is Barbara Geesey Smith (hereinafter Mother), current whereabouts unknown County, Pennsylvania 3. The su[ 4. Plaintif of the subject minor el 5. The sul unknown. 6. Grandr last known address was 35 Cleaver Road, Shippensburg, Cumberland i7257. ect minor child is lan Geesey, born out of wedlock, on June 11, 1993. ?is the wife of Defendant's biological father and Defendant is the mother ~ild. ,ject minor child was born out of wedlock and the biological father is ~other had custody of the minor child based upon a York County dependency action brought by York County Children & Youth Services from June 1995 through June 2002. 7. On or about June 10, 2002, the subject minor child was returned to the custody of his Mother by agreemegt of Grandmother at the recommendation of the child's therapist, Patricia E. Moore. 8. On or abbut July 26, 2002, the Honorable Richard K. Renn, entered an order confirming the agreem{ the child be transferred 9. 10. schizophrenia as did he 11. Mother' 12. It is beli 13. On or al nt and stipulation of the parties regarding legal and physical custody of to Mother. At all ti~ des relevant hereto, Mother has suffered from bipolar disorder. It is beli ~ved that Mother, who is now approximately 28 years old suffers from r now deceased biological mother. husband's whereabouts are unknown but last reported in New Jersey. :ved that Mother's husband also suffers from bipolar disorder. ~out March 2003, Mother attempted to commit suicide by overdose while residing with her husba~ud in New Jersey. 14. Mother ~vas retrieved from the hospital in New Jersey by Grandmother and C~eri and Paul Gardner in Shippensburg, Pennsylvania. brought to live with 15. At that lime, Grandmother also retrieved the subject minor child to reside with Mother at the Gardnerts residence. 16. Mother and minor child were not brought to Grandmother's home because Mother believed Grandmother was trying to kill her. 17. The Gardner's have experience with persons with similar mental illness as Mother. 18. On or about Labor Day, 2003, Mother complained to the minor child and others that the Gardner's had iameras installed around the house and were constantly watching her. No such cameras are in exit ence at the Gardner s residence. 19. Around observation of 3-4 days incidences" since Marc 20. On or at ,abor Day 2003, Mother was admitted to Holy Spirit hospital for and released. Mother's medical records demonstrate three "psychotic ~ 2003. out September 26, 2003, Mother began telling the subject minor child that Cheri and Paul Gardner were trying to kill her by putting her into their camper and setting it on fire. No such incidences occurred. 21. On or alout September 26, 2003, Mother walked two miles to the truck-stop near the Gardner's and was ~emoved from there for disturbing others by her hysterical ranting/preaching of thC bible 22. Later o! September 26, 2003, Mother took nine (9) pills of her anti-psychotic medication and drank ~ysol in an attempt to commit suicide. Thereafter, a 911 call was placed and Mother fought wit 23. On or a was going to give the ~, accused of having sex 24. On or a ~ EMTs but was eventually taken by ambulance to Carlisle Hospital. lout September 27, 2003, Mother telephones Grandmother to say that she ubject minor child to her mother-in-law, (Mary Smith) who Mother ~vith Mother's husband (Duane Smith). >out September 29, 2003, Mother disappeared from the Gardner's home. 25. On or abbut the evening of September 29, 2003, Mother called Grandmother and stated that she would reiurn to the Gardner's the next day. Mother did not retum. 26. On or about October 1, 2003, Mother called Grandmother and stated that she was in a shelter in Philadelplia and then hung up. 27. On or about October 9, 2003, a letter addressed to the subject minor child arrived at the Gardner's and is ~ttached hereto as Exhibit "A". 28. On or a~out October 15, 2003, Mother called Grandmother from an undisclosed location. 29. call location as a recre* 30. On or al able to see Mother. 31. On or at out October 15, 2003, Grandmother was able to track down the phone ion room in a psychiatric hospital in New Jersey. ~ut October 16, 2003, Grandmother drove to psychiatric hospital and was Mother ~epeatedly questioned Grandmother, in front of hospital staff, if she was there to kill Mother. 32. Grandn ther telephoned the phone number the next day only to be told that ity. Mother had left the fac 33. On or alout October 22, 2003, a letter addressed to Grandmother but written to the minor child was received with no return address. (See attached Exhibit "B") 34. The poltmark indicates that the letter was sent from somewhere in the Trenton/Kilmer, New Jersey area. 35. Mothe~ is incapable of caring for the subject minor child. 36. Mother Nas effectively abandoned the child. 37. Mother'S whereabouts are unknown and Plaintiffis unable to serve Mother with the custody complaint at this time. 38. Psychiat admitted to a facility. 39. A concil facilities are refusing information about whether the Mother is even iation is scheduled for November 18, 2003. 40. The conciliation can be moved forward to November 5, 2003 in an effort to obtain a interim custody order n the best interests of the minor child as soon as possible. 41. Current] , no person is present and able to exercise legal custody of the child or able to make medical a ~d other decisions for the child. 42. Jurisdic ion is proper within Cumberland County as the Mother and child have resided here in excess ~fthe last six months. 43. Affidav t of Attempted Service is attached as Exhibit "C". WHEREFOR g, Plaintiff/Petitioner respectfully requests that she be allowed to serve Defendant by publication as provided by Pa.R.C.P. 430. / Respectfully submitted, Attorney for Plaintiff/Petitioner Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 ~7 [-/' IN THE COURT SANDRA GEESEY, Plaintiff Vo BARBARA GEESE' Defendant I, Christopher knowledge and belief Defendant in the abox 1. Based upon D identify shelte intemet. 2. Based upon 13 House" facilit facilities in Id Pennsylvania. 3. Based upon E in a Plainfield Defendant ha, 4. Defendant do SMITH, OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5395 ._ : : CIVIL ACTION - IN CUSTODY AFFIDAVIT OF ATTEMPTED SERVICE Keller, Esquire, hereby affirm that to the best of my information, he following investigation and/or attempts to locate and serve the captioned matter have occurred. ?endant's October 1, 2003 phone call to Plaintiff, Plaintiff attempted to where Defendant might be staying in Philadelphia by telephone and the ['endant's letter received October 9, 2003, an intemet search of"Elijah es indicated that they are located throughout the United States with main xho. Defendant was not connected with any Elijah House affiliates in efendant's October 15, 2003 phone call to Plaintiff, Defendant was located New Jersey psychiatric center. Plaintiff was told the next day that left that facility. I not have a driver's licence or vehicle which might be used to locate her. Dated: Defendant left ~hippensburg, Pennsylvania without her purse or other items of identification. Based upon th~ postmark of Defendant's letter received by Plaintiff on October 22, 2003, Defenda The last time half years late Plaintiff's cou Shippensburg, Cumberland £ petition in thi~, forward". at is believed to be in the Trenton, New Jersey area. )efendant left under similar cimumstances, she was found two and one- in Texas. asel mailed notice of the proceeding to Defendant's last known address in Pennsylvania, per the instruction of Judge Wesley Oler of the ounty Court of Common Pleas upon his denial of Plaintiffs emergency matter. The mail was returned to Plaintiffs counsel as "unable to Christopher J. Keller, Esquire Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA GEESEY Plaintiff V. BARBARA GEESE' ~ SMITH, Defendant ow, : : NO. 03-5395 : : : CIVIL ACTION - IN CUSTODY ORDER · of October, 2003, upon review and consideration of the foregoing Petition for ORDERED, ~ publication upon Deft County Legal Journal to Pa.R.C.P. 430. ervice by Publication, it is hereby: at Plaintiff/Petitioner, Sandra Geesey, may effectuate service by ndant by publishing the appropriate notice ~" time[ in the Cumberland and a newspaper of general circulation in Cumberland County, pursuant | IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA GEESEY Plaintiff V. BARBARA GEESE SMITH, Defendant AND NOW, this day : NO. 03-5395 : : CIVIL ACTION - IN CUSTODY ORDER of October, 2003, upon review and consideration of the foregoing Petition for ORDERED publication upon De general circulation in /'* Service by Publication, it is hereby: hat Plaintiff/Petitioner, Sandra Geesey, may effectuate service by mdant by publishing the appropriate notice ~_ time~ in a newspaper of Mercer County, New Jersey. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA GEESEY, Plaintiff BARBARA GEESEY SMITH, Defendant : NO. 03-5395 _. ._ : CIVIL ACTION - IN CUSTODY AFFIDAVIT OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served the Defendant Barbara Gessey-Smith, by publication pursuant to and in the manner directed by Court Order of the Honorable George E. Hoffer, President Judge, dated October 24, 2003 as evidenced by the attached Proofs of Publication. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Cl~topher J. Kgt~er, Esquire Supreme Court 112) 86889 Attorney for Plaintiff 101 Souttt Market Street Mechanicsburg, PA 17055 (717) 790-5451 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The tri - w newspapers of generat circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established Mamh 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 29th day(s) of October 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said C, ompany and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY I~ _. ~,~;~,,~ . j~ o[n oay/e~ ~ ~E~,~ '1 NOTARY PUBLIC ~'~~~My commission expires June 6, 2006 CHRISTOPHER d. KELLER ATTN: CHRIS KELLER 101 SOUTH MARKET STREET MECHANICSBURG, PA. 17055 Statement of Advertising Costs To THE PATRIOT-NEWS COrn, Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 170.23 =ublisher's Receipt for Advertising Cost ~blisher of The Patriot-News and The Sunday Patriot-News. newspapers of general of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of thc Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Joumal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz OCTOBER 31, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. (~Lisa 1M~ie Coy~e, Editor SWORN TO AND SUBSCRIBED before me this 31 day of_ OCTOBER, 2003 LOIS E. SNYDER, Notmy Public cmllae Bo~o, Cumbe~md ~ My C~ ~ims M~ 5, ~ CUMBERLAND LAW JOURNAL NOTICE In the Cour/ of Common Pleas of Cumberland Count~, Pennsylvmnla Civil Action--In Custody No. 03-5395 SANDRA GEESEY, Plamtlff BARBARA GEESEY SMITH, Defendant A custody conciliation conference has been scheduled in the above- captioned matter for November 12. 2003 at 10:30 A.M. to be held at 39 West Main Street, Mechmnicsburg, PA 17055. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE~ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 4 CHRISTOPHER J. KELLER, ESQUIRE Attorney for Plaln0ff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 Oct. 31 SANDRA GEESEY, Plaintiff VS. BARBARA GEESEY SMITH Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5395 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 1 ~/' day of /l/o,~.~ , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as f~llows: 1. The Maternal Stepgrandmother, Sandra Geesey, shall have legal and primary physical custody of Ian Geesey, born June 11, 1993. 2. The Mother, Barbara Geesey Smith, may have periods of supervised visitation with the Child as arranged by agreement between the parties. 3. The Mother may file a petition for review of the custody arrangements for the Child, at which time an additional custody conciliation conference will be i~cheduled. BY THE COURT, cc: Christopher J. Keller, Esquire - Counsel for Maternal Stepgrandmother Barbara Geesey Sm/th, Mother (at last known address) SANDRA GEESEY, Plaintiff VS. BARBARA GEESEY SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5395 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH Ian Geesey June 11, 1993 2. A Conciliation Conference was held on November 1.2, 2003 with the following individuals in attendance: The Maternal Stepgrandmother, with her counsel, Christopher J. Keller, Esquire, and the a friend, Cheri Gardner, with whom the Child currently resides and with whom the Mother has resided until September 29, 2003. The Mother, Barbara Geesey Smith, did not attend the conference and was not represented by counsel in this matter. The identity of the Father of the Child is unknown. 3. The Matemal Stepgrandmother had physical custody of the Child by order of the York County Court of Common Pleas from September 20, 1995 through July 26, 2002, when a subsequent Order was entered by agreement transferring custody to the Mother. Prior to the conciliation conference, the Mother and the Child had been residing with Cheri Gardner, a friend, until September 29, 2003 when the Mother disappeared from the Gardner's home. The Grandmother located the Mother at a psychiatric hospital in New Jersey on October 15, 2003, but Mother was subsequently released from that facility without the Grandmother's knowledge and has not been located since that time. As the Mother's location is unknown at this time, the Grandmother's counsel was granted permission, by Order dated October 24, 2003, to serve the Petition for Custody by publication. At the conference, the Grandmother's counsel provided documentation that service had been accomplished by publication pursuant to Judge Hoffer's Order. According to the Maternal Stepgrandmother, the Mother has suffered fi.om severe psychological disorders for many years. She indicated that the Mother's paranoia and inability to make appropriate decisions for the Child prevents the Mother from providing adequate care at this time. The Grandmother stated that she is willing and able to resume responsibility for the care and custody of the Child. 4. Based on the foregoing representations made by the Maternal Stepgrandmother at the conference and the fact that the Mother did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator