HomeMy WebLinkAbout09-0537Paul J. Esposito, Esquire
I.D. #25454
GOLDBERG KATZMAN, P.C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-6808 (facsimile)
Counsel for Plaintiff
KENNETH E. GEIGER, III,
Plaintiff
V.
KRISTEN L. GEIGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 q- S 3 7 Q,, a Civil Term
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY
1. Plaintiff is KENNETH E. GEIGER, III, who currently resides at 6322 Creekbend
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Defendant is KRISTEN L. GEIGER, who currently resides at 548 Lucinda Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant were married on March 8, 2006, and separated on or
about December 19, 2008.
4. Plaintiff seeks shared legal and shared physical custody of:
Name: Landon Joseph Geiger; DOB: 12/6/07
Present
Residence: 548 Lucinda Lane, Mechanicsburg, Cumberland County,
Pennsylvania
The child was born during the parties' marriage.
5. The Child resides with the Plaintiff herein at 548 Lucinda Lane, Mechanicsburg,
Cumberland County, Pennsylvania.
6. Since birth, the Child has resided at the following addresses with the individuals
listed:
Birth to March 19, 2008
548 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania
with Defendant, maternal grandmother, Dana Minor, maternal step-grandfather, Steve Taylor,
and maternal uncles, Jesse Grum and Joseph Grum
March 19, 2008 to December 19, 2008
6322 Creekbend Drive, Mechanicsburg, Cumberland County, Pennsylvania
with Plaintiff and Defendant
December 19, 2008 to Present
548 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania
with Defendant, maternal grandmother, Dana Minor, maternal step-grandfather, Steve Taylor,
and maternal uncles, Jesse Grum and Joseph Grum
7. The Father of the Child is Kenneth E. Geiger, III, Plaintiff herein, who currently
resides at 6322 Creekbend Drive, Mechanicsburg, Cumberland County, Pennsylvania.
8. The Mother of the Child is Kristen L. Geiger, Defendant herein, who currently
resides at 548 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania.
9. The relationship of Plaintiff to the Child is that of Father. Plaintiff currently
resides with Mark Matlock who is a boarder in Plaintiff's home.
10. The relationship of Defendant to the Child is that of Mother. Defendant currently
resides with maternal grandmother, Dana Minor, maternal step-grandfather, Steve Taylor, and
maternal uncles, Jesse Grum and Joseph Grum.
11. Plaintiff has no information of a custody proceeding concerning the Child
pending in a court of this Commonwealth, with the exception of a Temporary Protection from
Abuse Order which was issued by the Honorable J. Wesley Oler, Jr., on January 22, 2009,
which, in pertinent part, provided that Plaintiff herein shall have no partial physical
custody/visitation rights. A copy of said Order is attached hereto, made a part hereof and marked
Exhibit "A."
:ODMATCDOCSIDOCSI16978511 2
12. On January 28, 2009, the parties hereto appeared before Judge Oler for a hearing
on Defendant's Petition for Protection from Abuse at which time they reached an agreement
which is in the process of being made a part of a Final Protective Order.
13. The parties' agreement provides, in part, for supervised visitation by Plaintiff
herein on a temporary basis.
14. Cumberland County Children & Youth is currently conducting an investigation
into Defendant's allegation of abuse against Plaintiff regarding their son.
15. As of this date, a safety plan is in place whereby Plaintiff is not to have contact
with Landon pending the completion of the investigation.
16. Plaintiff anticipates that the Children & Youth investigation will be completed by
the date of the Custody Conciliation Conference which will be scheduled in this matter.
17. Plaintiff does not know of any person who is not a party to these proceedings who
has physical custody of the Child or claims to have custody or visitation rights with respect to the
Child.
18. Plaintiff has not participated as a party, witness or in another capacity or in other
litigation concerning the custody of the Child in this or another Court.
19. Each parent whose parental rights to the child have not been terminated and the
persons who have physical custody of the Child have been named as a party to this action.
20. The best interests and permanent welfare of the Child will be served by the relief
requested.
:ODMAIPCDOCSIDOCSV 6978511
WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him
shared legal and shared physical custody of the parties' Child, LANDON JOSEPH GEIGER, in
accordance with a schedule to be determined.
Respectfully submitted,
GOL ERG TZ , P.C.
Paul J. sp to
Attorney I.D. #25454
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Date:, 2009 Attorney for Plaintiff
:ODMAIPCDOCYDOCSV 69785V 4
VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT FOR CUSTODY are true
and correct to the best of my knowledge, information and belief. I understand that false statements
contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Date, rago9
Temporary Protection From Abuse Order No:
Page 2 of 3
AND NOW, on 22nd Day of January, 2009 upon consideration of the attached Petition for
Protection from Abuse, the court hereby enters the following Temporary Order:
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place
where they might be found.
2. Except for such contact with the minor children as may be permitted under paragraph 4 of this
order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other
person protected under this order either directly or indirectly, at any location, including but not
limited to any contact at Plaintiffs or other protected party's school, business, or place of
employment. Defendant is specifically ordered to stay away from the following locations for
the duration of this order.
Cumberland Family Practice
4470 Valley Road
Enola, PA 17025
3. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this
order, Defendant shall not contact Plaintiff, or any other person protected under this order, by
telephone or by any other means, including through third persons.
4. CUSTODY
Until the final hearing, all contact between Defendant and the child/ren shall be limited to the
following:
• Defendant shall have no partial physical custody/visitation rights.
Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody
of the following minor child/ren:
1. Landon Joseph Geidaer
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The local law enforcement agency in the jurisdiction where the child/ren are located shall
ensure that the child/ren are placed in the care and control of Plaintiff in accordance with the
terms of this order.
5. The following additional relief is granted:
6. A certified copy of this order shall be provided to the sheriff or police department where
Plaintiff resides and any other agency specified hereafter:
PSP- Carlisle Barracks
7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a
copy of the petition, any order issued, and the order for hearing. Petitioner will inform the
designated authority of any addresses, other than Defendant's residence, where Defendant can
be served.
httns://www.nfad.or¢/PFA )Live/temnorder.asn?TeMDOrderID=245931&cmdMove=View... 1/22/2009
Temporary Protection From Abuse Order No:
Page 3 of 3
8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN
EFFECT UNTIL JANUARY 22, 2012 OR UNTIL OTHERWISE MODIFIED OR
TERMINATED BY THIS COURT AFTER NOTICE AND HEARING.
NOTICE TO THE 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 and/or up to six months in jail. 23
Pa.C.S.A. § 6114. Consent of 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.A. § 6108 (g). If Defendant is required to relinquish any firearms,
other weapons or-ammunition or any firearm license, those items must be relinquished to the
sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish
any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the
third party first comply with all requirements to obtain a safekeeping permit. If, due to their
current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the
time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms,
other weapons or ammunition and their current location no later than 24 hours after the service of
this order. Defendant is further notified that violation of this order may subject him/her 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.
NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS
This order shall be enforced by the police department or sheriff who has jurisdiction over
Plaintiff s residence OR any location where a violation of this order occurs OR where Defendant
may be located. If Defendant violates Paragraphs 1 through 4 of this order, Defendant shall be
arrested on the charge of indirect criminal 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 a police officer or sheriff.
Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other
weapons and ammunition in Defendant's possession which were used or threatened to be used
during the violation of the protection order or during prior incidents of abuse and any other
firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm
license must be delivered to the sheriffs office of the county which issued this order, which office
shall maintain possession of the firearms, other weapons and ammunition until further order of
this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the
law enforcement agency whose officer or sheriff made the arrest.
Distribution to:.
Faxed & Mailed to PSP
BY THE OU
S .
Judge
TM UT " Date
In Testimony „nnd
and the sc3i of said Ccj +-t at rLr,. ' •, :'?.
This ...A.3..... day of........,
Prothonotary
https://www.pfad.org/PFADLive/temporder.asp?TempOrderID=245931 &cmdMove=View... 1/22/2009
}? CERTIFICATE OF SERVICE
On this 'X day of , 2009, I certify that a copy of the foregoing
document was served upon the following party or counsel of record by delivering same in the manner
indicated, addressed as follows:
VIA FIRST CLASS MAIL
Margaret M. Simok, Esquire
Maria P. Cognetti & Associates
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Attorney for Defendant
GOLDBERG KATZMAN, P.C.
lmzl
Paul J. p to
Supreme uID #25454
Attorneys for Plaintiff
^
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KENNETH G. GEIGER, III
PLAINTIFF
V.
KRISTEN L. GEIGER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2009-537 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, February 05, 2009 , upon consideration of the attached. Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 19, 2009 at 8:30 AM
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. 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/ John . Man an r. Es q. j kA
Custody Conciliator
The Court of Common Pleas. of Crimhberland 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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