Loading...
HomeMy WebLinkAbout09-0722IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant CIVIL AC ON 09 CUSTOD COMPLAINT FOR CUSTODY 1. The plaintiff is Heather Geyer who curre: Elliott Run Road, Three Springs, Pennsylvania, whit County, Pennsylvania. 2. The defendant is Matthew James Geyer 82 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the resides at 8596 is in Huntingdon currently resides at lvania, which is in ina children: Shawna LouAnne Geyer 8596 Elliott Run Road Three Springs, PA 17264 Elizabeth LeeAnn Geyer 8596 Elliott Run Road Three Springs, PA 17264 3 -10/28/05) 1 -5/29/07) The children were born out of wedlock. During the past five years (or date of birth of the hi children have resided with the following persons and at ffic addresses: Heather and Matthew Geyer Heather, Matthew, Daniel and Cindy Geyer Heather and Matthew Heather and Matthew Heather and Matthew Heather and Matthew 82 SME, Shipp 29 Gutshall Road Shippensburg, PA 17 Mapleton Depot, PA Fairgrounds Road Huntingdon, PA Piney Ridge Huntingdon, PA Washington Street Huntingdon, PA The mother of the children is Heather Geyer, c 8596 Elliott Run Road, Three Springs, Pennsylvania. She is married but currently separated. The father of the child is Matthew James Geyer, 82 Shippensburg Mobile Estates, Shippensburg. He is married, but currently separated. ), the following 6/2008- 1/2009 1/2008 - 6/2008 6/2007 -1 /2008 12/2006 - 6/2007 1/2006 - 12/2006 10/2005 -1 /2006 residing at residing at 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons other than children: Her mother, Kim DeShong, her step-father, Shania DeShong (Plaintiffs sister). 5. The relationship of defendant to the children The defendant currently resides with the following the children: None DeShong, and is that of father. persons other than 6. Plaintiff has not participated as a party or wi e capacity, in other litigation concerning the custody of the hi another court. Plaintiff has no information of a custody child pending in a court of this Commonwealth or any of Plaintiff does not know of a person not a party to has physical custody of the child or claims to have c rights with respect to the child. 7. The best interest and permanent welfare of or in another in this or concerning the state. proceedings who Ddy or visitation children will be served by granting the relief requested because: Plaintiff is willing and able to perform responsibilities for the children. Plaintiff is in the best position to provide the the children need for healthy development. Defendant does not provide for the children's or social needs while they are in his care. 8. Each parent whose parental rights to the c terminated and the person who has physical custody of named as parties to this action. WHEREFORE, plaintiff requests the court to gra minor children. D. Co( Attorney ID 44 S. Hanov Carlisle, PA primary parental and nurture which ical, psychological have not been child have been her custody of the over, Esquire 92385 ,r Street 17013 IN THE COURT OF COMMON OF CUMBERLAND COUNTY, PENT HEATHER GEYER, CIVIL AC7 Plaintiff ; V. . MATTHEW JAMES GEYER, CUSTODY Defendant VERIFICATION I verify that the statements made in this correct. I understand that false statements herein penalties of 18 Pa.C.S. § 4904 relating to authorities. Date: @ 1 1 O )a0o9 VANIA ON are true and made subject to falsification to T Geyer r-O d A io Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) for Plaintiff IN THE COURT OF COMMON PLEA S OF CUMBERLAND COUNTY, PENNSYL ANIA HEATHER GEYER, CIVIL ACTION Plaintiff V. 1VIA'I"THEW JAMES GEYER, Defendant PE nr , D 7 - 7 `? Z C \"j, CUSTODY 1. Plaintiff is the mother of minor children Shawna LouAnne Geyer (DOB 10/28/2005) and Elizabeth LeeAnn Geyer (DOB 5/29/2007). 2. Plaintiff has been the primary caregiver to the above-mentioned minor children since their birth. 3. Plaintiff and Defendant are married but se arated on January 14, 2009. 4, At the time of the separation, the Plaintiff and Defendant entered into an oral agreement that the children wo ld reside with the Plaintiff at her mother's house and that Defendant would be granted periods of visitation as agreed by the parties. 5. On or around Saturday, January 24, 2009, efendant picked the children up for visitation and returned them to the car of the Plaintiff on Monday, January 26, 2009. 6. When the children returned from their first ?isit, the older child, Shawna called the Plaintiff a "bitch." 7. Prior to the visit on the weekend of J had not previously cursed or used derogatory language tc 8. On or around Friday, February 6, 2009, the a similar agreement where the Defendant was to pick visitation on Saturday, February 7, 2009 and return then Plaintiff on Monday, February 9, 2009 at 11:00 a.m.. 9. When the children were not returned by Monday, February 9, 2009, the Plaintiff attempted to by telephone, but her calls were unanswered and the to advise the Plaintiff of his intentions with regard to r 10. The Plaintiff left the Defendant a appointment for their daughter's at WIC, which the} failure to return the children to her care. 24, 2009, Shawna ward her mother. parties entered into ip the children for 1 to the care of the the Defendant on itact the Defendant endant did not call ring the children. that she had an missed due to his 11. Unable to contact the Defendant, the Plaintiff drove from her home in Three Springs, Pennsylvania to Shippensb g to retrieve the children. 12. Plaintiff knew that the Defendant was at work at the time that she arrived in Shippensburg, so she went to the home of efendant's parents because she believed that he would leave the children i their care while he worked. 13. The Defendant's father advised the Plaintiff that the children were not at his residence and that he did not know where they were. 14. Plaintiff was under the belief that at the time that she visited the Defendant's father that he was intoxicated. 15. The Plaintiff attempted to go to the Defendant's place of employment to inquire as to the whereabouts of the children, but was not able to gain access. 16. On February 9, 2009, Defendant failed to contact the Plaintiff and refused to return any of her calls inquiring as to the hereabouts of the children and requesting to have the children returned to her care. 17. On February 10, 2009, the Defendant call the Plaintiff and advised her that the children would be returned to her after she came into compliance with what he termed to be regulations. 18. The regulations that were dictated by the Defendant were that the children have their own room and that the children were not to sleep on the floor. 19. The plaintiff advised the Defendant that Jhe children have a bedroom that they share at the residence where she is residing and that one of the children had fallen asleep on the floor in front Of the television on only one occasion when she had not been feeling well. 20. Despite the Plaintiffs assurances to the Defendant, the Defendant has refused to tell the Plaintiff where the children are and who is caring for the children. 21. Plaintiff is under the belief that the with the Defendant's parents, Daniel and Cindy Geyej Shippensburg, Pennsylvania. 22. Plaintiff called Cindy Geyer to inquire as t( the children and Cindy Geyer told her that she nee( Defendant Matthew Geyer. 23. Neither Daniel nor Cindy Geyer have partial custody of the minor children. 24. Simultaneous with the filing of this petiti en may be staying 29 Gutshall Road, whereabouts of to speak to the , visitation or Plaintiff filed a Complaint for custody. 25. No prior actions for custody have been pertaining to the minor children involved in this action. WHEREFORE, Plaintiff respectfully requests temporary order for immediate custody and order the children to the Plaintiff until further custody proceedings in any court this Court enter a of the minor can be held. submitted, S e Co over, Esquire A orney ID 92385 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) A IN THE COURT OF COMMON PI OF CUMBERLAND COUNTY, PENNS HEATHER GEYER, CIVIL ACT Plaintiff V. MATTHEW JAMES GEYER, CUSTODY Defendant VERIFICATION I verify that the statements made in this Petition understand that false statements herein are made Pa.C.S. § 4904 relating to unsworn falsification to Date: 9 ) I v lob OU q for Plaintiff ON true and correct. I to penalties of 18 Geyer Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facisimile) for Plaintiff IN THE COURT OF COMMON PI OF CUMBERLAND COUNTY, PENNS HEATHER GEYER, CIVIL Plaintiff vi. MATTHEW JAMES GEYER, CUSTODY Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on I February, 2009, I caused the foregoing PETITION FOR to be served upon Defendant via United States First class follows: Matthew Geyer 82 Shippensburg Mobile Estates Shippensburg, PA 17257 Sheri D. Coover, l 44 S. Hanover Stn Carlisle, PA 1701 [ON his 10th day of SPECIAL RELIEF mail addressed as rTl Q 4 FEB 2a?e 3 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Attorney for Plaintiff Carlisle, PA 17013 (717) 960-0075 (telephone) (717) 960-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, CIVIL ACTION Plaintiff -7 c V. MATTHEW JAMES GEYER, CUSTODY Defendant ORDER AND NOW, this / day of 00"? upon consideration of Plaintiff's Petition for Special Relief pursuant to Pennsylvania Rule of Civil Procedure 1915.13, it is hereby ordered that ?- CU510VY OT e m to a e minor !3o a. IN . ?.- J. Cov } C? . Distribution List: Sheri D. Coover, Esquire (Attorney for Plaintiff) 1133 Pheasant Drive North, Carlisle, PA 17013 _ is- vQ Matthew Geyer 82 Shippensburg Mobile Estates, Shippensburg, PA 17257 Ai, Nn r,,, 16AJAS 9 S • I Wd E 1934 6082 AdbiGNJ'Hiodd BHIJO 30t!L4 0--C131H HEATHER GEYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW JAMES GEYER DEFENDANT 2009-722 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, February 17, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 12, 2009 at 9:30 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/ Hubert X. Gilroy, Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 L S :C add 8 183A 60OZ ff a- / AE#VJ()i t: J -,Hi ?Cj 30M;b-C33]H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-722 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this 18th day of February, 2009, the HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant Plaintiff's Petition For Special Relief has been resolved by the agreement of the parties on the following terms: 1. The parties shall share custody on a week-on/week-off basis, with the exchanges to be in Path Valley, Pennsylvania, at 10:00 a.m. on Sundays commencing March 1, 2009. 2. Mother shall have custody of the children commencing Friday, February 20, 2009, at 7:00 p.m. until the exchange set forth in No. 1 above. Mother shall pick the children up at the home of father's sister. 3. Neither party shall use illegal drugs or allow any illegal drugs to be used by any other person in the household during said parties' periods of custody. Further, neither party shall view pornography in front of the children. 4. Both parties shall submit to random drug testing within 24 hours of being requested to do so by the other party. Provided, however, that said requests shall not be more than twice per month. This Order is intended to be temporary in nature and is not to affect the rights of either party to assert their claim for primary physical custody after a full and fair hearing on the merits. By e Co rt, Edward E. Guido, J. 4/11` 9CI t18 91 233 63OZ m -G 30q,? ,---TnIU ?Sheri D. Coover, Esquire Attorney for Plaintiff ,-"Stacy B. Wolf, Esquire Attorney for Defendant Sheriff srs C6 f a?is?o4 HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant MATTHEW J. GEYER Plaintiff V. HEATHER GEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-722 CIVIL TERM CUSTODY - - - - - - - - - - - - - - - - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-748 CIVIL TERM CUSTODY ORDER OF COURT AND NOW, this 18th day of February, 2008, by agreement of the parties, both of the above-captioned actions are consolidated into 2009-722, with mother being the Plaintiff and father being the Defendant. Sheri D. Coover, Esquire Attorney for Heather Geyer Stacy B. Wolf, Esquire Attorney for Matthew J. Geyer Sheriff srs By the Court, 9 3 .C ?Wd 81 93A GCOZ HEATHER GEYER, Plaintiff vs. MATTHEW JAMES GEYER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-722 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Shawna LouAnne Geyer, born October 28, 2005, and Elizabeth LeeAnn Geyer, born May 29, 2007. 2. A Conciliation Conference was held on March 12, 2009, with the following individuals in attendance: The mother, Heather Geyer, with her counsel, Sheri D. Coover, Esquire, and the father, Matthew James Geyer, who appeared with his counsel, Stacy B. Wolf, Esquire. 3. Both parties filed complaints for custody in this matter. The parties separated in January. Because there was an issue on custody, Judge Guido issued a Temporary order on February 18, 2009, giving both parents shared legal custody with a week on/week off schedule. 4. The parties are unable to agree on a permanent order. Each party is seeking primary physical custody for a variety of reasons. Accordingly, an agreement cannot be reached at the conciliation level and a hearing is required. 5. The Conciliator recommends an Order in the form as attached. Date: March I ? , 2009 r-? --F ?a ?" -?-; .....a ?:.J ?.., - j v?-r m ,.C • ,_ ? i a HEATHER GEYER, Plaintiff vs. MATTHEW JAMES GEYER, Defendant PRIOR JUDGE: Edward E. Guido MAR 8 2008( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-722 IN CUSTODY COURT ORDER AND NOW, this 7.34 day of March, 2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the day of 2009 at _L`_.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of February 18, 2009, shall remain in place. cc: - D. Coover, Esquire acy B. Wolf, Esquire J .C? c Judge w J L N nt"? -", r, r,..; 5,- 1{1o 1 :Of WV ?Z 8VW 60OZ N it a (; c` ':`d 3Hi 40 . a Sheri D. Coover, Esquire Attorney for Plaintiff Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 (telephone) (717) %0-0074 (facsimile) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, CIVIL ACTION Plaintiff NO. 2009-722 V. JUDGE GUIDO MATTHEW JAMES GEYER, CUSTODY Defendant S TION 1. By Order of Court dated February 18, 2009, the parties are directed to submit to random drug testing within 24 hours of being requested to do so by the other parry. The Order of Court directs that the requests shall not be more than twice per month. 2. The parties agree that the following custody arrangements should take place if the results of one of the parties' drug tests indicate that the parties have used illegal drugs: a. . If the party who tests positive for illegal drug use has the children in his or her custody at the time of the testing, he or she should make immediate arrangements to have the child It returned to the other party. The party who tested positive for illegal drugs should not have the children returned to his or her custody until another drug test is conducted which indicates negative results for drug use. b. If the parry who tests positive for the use of illegal drugs does not have the children in his or her custody at the time of the testing, he shall notify the other party of the positive drug test and should not resume custody of the children until another drug test is conducted which indicates negative results. 3. The parties should immediately notify their respective counsel of the results of their drug tests. 4. The parties desire that this agreement be made an Order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania and further acknowledge that the Court of Common Pleas of Cumberland County, Pennsylvania has jurisdiction over the issue of custody of the parties' minor children. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESST H: Witness itness 6 Matthe Geye Heather Geyer COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF PENNSYLVANIA On this a3 day of 94,r`Uk--, 2009, before the undersigned officer appeared HEATH GEYER, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL VALERIE F. GSELL, Notary Public Carlisle 9oro„ Cu nbertand County NOTARY P IC (SEAL) Commission Expires October 9, 2010 COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF PENNSYLVANIA On this,,,3?day of 2009, before the undersigned officer appeared MATTHEW GEYER, known to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC (SEA?? - V NOTARIAL. SEAL BONNIE L COYLE, NOTARY PUBLIC BORO OF CARLLSLE, CUMBERLAND CO. PA MY COMMISSION EXPIRES OCTOBER 17, 2010 D TI 71 -n /. i 4 IN THE COURT OF CONPAON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant CIVIL ACTION NO. 2009-722 CUSTODY `1 . 3 MAR 2 7 2008 67 NOW, this 3eday of ,M !`*aA , 2009, upon presentation and consideration of the attached Stipulation and Agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. *T: J. Di stribution List: Sheri D. Coover, Esquire (Attorney for Plaintiff) 44 S. Hanover Street, Carlisle, PA 17013 Stac Wolf E for Defendant y ?? (Attorney ) 10 W. High Street, Carlisle, PA 17013 126f 11 'ES rn.'A cLI-c 3?30MI I HIJ oC NVW OR MVWV,Dr- ,O 31-i MIC Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, : CASE NO. CIVIL TERM vi. JUDGE GUIDO MATTHEW GEYER, Defendant CUSTODY PLAINTIFF'S MOTION TO CONTINUE BEARING AND NOW, comes Plaintiff Heather Geyer, by and through her counsel, Sheri D. Coover, Esquire and files the following MOTION TO CONTINUE HEARING and in support thereof avers as follows: 1. On March 23, 2009, this Court issued an Order which scheduled a hearing on the above-captioned custody matter for April 17, 2009 at 1:00 p.m. A true and correct copy of said Order is hereby attached to this Motion. 2. Undersigned counsel will be on a pre-paid vacation to Iowa from April 16, 2009 until April 21, 2009 and is thus unable to represent the Plaintiff at the scheduled hearing. 3. Opposing counsel, Stacy Wolf, Esquire has indicated that she concurs with the foregoing motion and does not oppose continuing the hearing until another date. 4. None of the parties will be prejudiced to the hearing being rescheduled. V. WHEREFORE, it is hereby requested that this Court reschedule the April 17, 2009 Custody Hearing. submitted, Sbffi D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, CASE NO. CIVIL TERM vii. 019" 7°? A JUDGE GUIDO MATTHEW GEYER, Defendant CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 31 S day of 2009, I caused the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 submitted, e i' D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 • HEATHER GEYER, Plaintiff MAR 1, 8 2008 3 VS. MATTHEW JAMES GEYER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-722 IN CUSTODY COURT ORDER AND NOW, this P34 day of March, 2009, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the da of , 2009 at j ; y Gi&1. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this court's prior order of February 18, 2009, shall remain in place. Judge • cc: Sheri D. Coover, Esquire Stacy B. Wolf, Esquire COIL*. SArA L4 :v CZ5 C=3 7 ?r oft APR 0 7 2a 6) Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER GEYER, V. MATTHEW GEYER, Defendant CASE NO. CIVIL TERM JUDGE GUIDO CUSTODY ORDER AND NOW, this '341 day of , 2009, upon consideration of Plaintiff's Motion to Continue Hearing, it is hereby Ordered that the custody hearing currently scheduled for April 17, 2009 at 1:00 p is rescheduled until JM' , 2009 at ?• t.m. in Courtroo of the Cumberland County Courthouse. J. Date: Distribution List: eri D. Coover, Esquire, Attorney for Plaintiff V44 S. Hanover Street, Carlisle, PA 17013 Macy Wolf, Esquire, Attorney for Defendant Wolf & Wolf, 10 W. High Street, Carlisle, PA 17013 410, -3'oq pl CIO Dj1 .d J Vi ,,VA-V,SNN3d ^ rsq .M "4 F tt s? fl 1 •01 WV E- HJV 600l 46 , ". HEATHER GEYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION NO. 2009-722 MATTHEW JAMES GEYER, IN CUSTODY Defendant . ORDER OF COURT AND NOW, this 28th day of May, 2009, after hearing, we enter the following custodial order: 1. The parties shall have joint legal custody of their children. A. Major parental decisions concerning the children, including, but not limited to, the children's health, medical, dental and orthodontic treatment, education, religious training and upbringing shall be made jointly by the parents after discussion and consultation with each other with a view toward maintaining and following a harmonious policy in their children's best interest. B. Each parent has the duty to obtain and is entitled to receive complete and full information from their children's doctor, dentist, teachers, or other care providers and is entitled to have copies of any reports or information given to him or her in accordance with applicable Pennsylvania law. 2. The parents shall share physical custody of their children in accordance with the following schedule: A. Father shall have physical custody each week from Friday at 10:00 a.m. until Monday at noon. B. Mother shall have physical custody from Monday at noon until Friday at 10:00 a.m. C. Not withstanding the above, the following holiday schedule shall control: i. Mother shall have the children from noon until 7:00 p.m. on Mother's Day. ii. Father's periods of physical custody shall begin at 5:00 p.m. on Thanksgiving Day and last until noon the following Monday. iii. Christmas holiday shall be split each year with the noncustodial parent having the children from noon until 7:00 p.m. iv. Each party shall be entitled to take the children on vacation for up to 7 days each year upon 30 days notice given to the other party. Provided however, that without the agreement of the other party, the vacation shall not infringe upon the holiday schedule set forth in C. 3. The party commencing physical custody shall pick the children up from the custodial parent except on Mother's Day and Christmas when the noncustodial parent shall provide all transportation. 4. Neither party shall use illegal drugs or allow any illegal drugs to be used by any person in the household during said parties' periods of physical custody. Further, neither party shall view pornography in front of the children. 5. Both parties shall submit to random drug testing within 24 hours of being requested to do so by the other party. Provided however, that said request shall be made not more than once per month. 6. The following custody arrangements shall take place if the results of one of the parties' drug tests indicated that the parties have used illegal drugs: A. If the party who tests positive for illegal drug use has the children in his or her custody at the time of the testing, he or she should make immediate arrangements to have the • children returned to the other party. The party who tests positive for illegal drugs should not have the children returned to his or her custody until another drug test is conducted which indicates negative results for drug use. B. If the party who tests positive for the use of illegal drugs does not have the children in his or her custody at the time of the testing, he shall notify the other party of the positive drug test and should not resume custody of the children until another drug test is conducted which indicates negative results. 7. The noncustodial parent shall be entitled to liberal telephone contact w By t Edward E. Guido, J. ? Sheri D. Coover, Esquire /For the Plaintiff f Stacy B. Wolf, Esquire For the Defendant ;mlc 0- OFI C r M-?U L?CL ??SIO? +b'hIJ,,%.N3d no-o. EZ :8 WV S- HAE 6mZ MViaCH108d 3K -0 .40' HEATHER GEYER, IN THE COURT OF COMMON PLEAS C= Plaintiff CUMBERLAND COUNTY, ?;, PENNSYLVANIA :Z C= V. NO CD CIVIL ACTION 2009-722 5 - ? TM MATTHEW JAMES GEYER Defendant IN CUSTODY - MOTION TO MODIFY CUSTODY AND NOW, comes Plaintiff, Heather Geyer, by and through her attorney, Sheri D. Coover, Esquire and files the following MOTION TO MODIFY CUSTODY and in support thereof avers as follows: 1. On May 28, 2009, this Court issued an Order which granted shared physical and legal custody of the minor children, Shawna Geyer (DOB 10/28/2005) and Elizabeth (DOB 5/29/2007) to Plaintiff Heather Geyer (hereinafter referred to as "Mother") and Defendant Matthew James Geyer (hereinafter referred to as "Father"). (a true and correct copy of the May 28, 2009 Court Order is hereby attached as Exhibit 1). 2. Father has lost the job that he had for a long time and no longer has a steady income with which to support himself or the children. 3. As a result of Father's financial problems, Father no longer has a vehicle. 4. During Father's periods of custody, he has forced the young children named in this custody action to walk several miles with him from his parents' home to the square in Shippensburg because Father did not have transportation. af1 C k.E? !? 3QS 1Z4??(o0`l0? 5. Upon information and belief, Father only allows the children to stop one time to get a drink during the walks despite the fact that it is several miles from Father's home to Shippensburg. 6. Shawna is preparing to start kindergarten in the fall and is being enrolled to start in Mother's home school district. 7. Due to Father's financial situation and the fact that Shawna is beginning to start school, it is in the best interest of the minor children for Mother to have primary physical custody of the children. 8. The Honorable Judge Guido has previously presided over this case. WHEREFORE, Mother requests that this Court modify the May 28, 2009 Custody Order to grant Mother primary physical custody of the minor children. lly submitted, Sh ri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVILACTION 2009-722 : IN CUSTODY VERIFICATION I, Heather Geyer, hereby certify that I have reviewed the foregoing MOTION TO MODIFY CUSTODY and aver that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to the penalties of perjury for any false statements contained therein. Date %,Oilu r Heather Geyer HEATHER GEYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, HEATHER GEYER, Plaintiff V. MATTHEW JAMES GEYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION 2009-722 IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this (;04ay of June, 2011, 1 caused a copy of the foregoing MOTION TO MODIFY CUSTODY to be served upon counsel for the Defendant via United States first class mail addressed as follows: Stacy Wolf, Esquire 10 W. High Street Carlisle, PA 17013 Respectfully submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 HEATHER GEYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION NO. 2009-722 MATTHEW JAMES GEYER, IN CUSTODY Defendant . ORDER OF COURT AND NOW, this 28th day of May, 2009, after hearing, we enter the following custodial order: 1. The parties shall have joint legal custody of their children. A. Major parental decisions concerning the children, including, but not limited to, the children's health, medical, dental and orthodontic treatment, education, religious training and upbringing shall be made jointly by the parents after discussion and consultation with each other with a view toward maintaining and following a harmonious policy in their children's best interest. B. Each parent has the duty to obtain and is entitled to receive complete and full information from their children's doctor, dentist, teachers, or other care providers and is entitled to have copies of any reports or information given to him or her in accordance with applicable Pennsylvania law. 2. The parents shall share physical custody of their children in accordance with the following schedule: A„ Father shall have physical custody each week from Friday at 10:00 a.m. until Monday at noon. B. Mother shall have physical custody from Monday at noon until Friday at 10:00 a.m. C. Not withstanding the above, the following holiday schedule shall control: i. Mother shall have the children from noon until 7:00 p.m. on Mother's Day. ii. Father's periods of physical custody shall begin at 5:00 p.m. on Thanksgiving Day and last until noon the following Monday. iii. Christmas holiday shall be split each year with the noncustodial parent having the children from noon until 7:00 p.m. iv. Each party shall be entitled to take the children on vacation for up to 7 days each year upon 30 days notice given to the other party. Provided however, that without the agreement of the other party, the vacation shall not infringe upon the holiday schedule set forth in C. 3. The party commencing physical custody shall pick the children up from the custodial parent except on Mother's Day and Christmas when the noncustodial parent shall provide all transportation. 4. Neither party shall use illegal drugs or allow any illegal drugs to be used by any person in the household during said parties' periods of physical custody. Further, neither party shall view pornography in front of the children. 5. Both parties shall submit to random drug testing within 24 hours of being requested to do so by the other party. Provided however, that said request shall be made not more than once per month. 6. The following custody arrangements shall take place if the results of one of the parties' drug tests indicated that the parties have used illegal drugs: A. If the party who tests positive for illegal drug use has the children in his or her custody at the time of the testing, he or she should make immediate arrangements to have the children returned to the other party. The party who tests positive for illegal drugs should not have the children returned to his or her custody until another drug test is conducted which indicates negative results for drug use. B. If the party who tests positive for the use of illegal drugs does not have the children in his or her custody at the time of the testing, he shall notify the other party of the positive drug test and should not resume custody of the children until another drug test is conducted which indicates negative results. 7. The noncustodial parent shall be entitled to liberal telephone contact w By t Edward E. Guido, J. Sheri D. Coover, Esquire For the Plaintiff -Stacy B. Wolf, Esquire For the Defendant :mlc OF 1 " .nAx r r HEATHER GEY :R IN THE COURT OF COMMON PLEAS OF PL INTIFF CUMBERLAND COUNTY, PENNSYLVANIA i V. 2009-722 CIVIL ACTION LAW C o MW C_ =-n MATTHEW JA ES GEYER = r` tom-` -tar- IN CUSTODY Ca 1 DE F,NDANT -<Z Ln qty =-n =O ORDER OF COURT A aC-) rr -- e r AND NOW, Friday, July 01, 2011 , upon consideration of the attached Complaint,-` it is hereby directed at parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cu berland County Courthouse, Carlisle on Friday, August 05, 2011 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 acc mplished, 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 h reby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orde is, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. 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 dis bled individuals having business before the court, please contact our office. All arrangements must be made a least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or h aring. 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 C LD? Telephone (717) 249-3166 d CPr' qpled T`?r ? (??`? r?? f l?v ana,leO? ?7 Ce"o a1 7t* P? .`' P? 7/s// HEATHER GEYER Plaintiff vs. MATTHEW JAMES GEYER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-722 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Defendant, Matthew James Geyer, in the above captioned case. Respectfully submitted, i; 4ia' , Es quire MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1 P Z 4 I\ - -ID ZC ^s cn rTj z fi G7 r1' ?' T Er. HEATHER GEYER Plaintiff vs. MATTHEW JAMES GEYER Defendant: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-722 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Matthew James Geyer, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: -)- 2'1- f Je ?6a Holst, Esquire dPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 HEATHER GEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYIc'4Al?JA V. : NO: 2009-722 CIVIL ACTION - LA9= c - 21 r. z MATTHEW JAMES GEYER, Fri -" r DEFENDANT : IN CUSTODY ANSWER TO MOTION TO MODIFY CUSTODY The Defendant, Matthew Geyer, by and through his attorneys MidPenn Legal Services , hereby sets forth as follows: Admitted. 2. Denied. Father is no longer employed at his prior job but continues to be able to support himself and the children. 3. Denied. Father has the vehicle that he has owned for several years. 4. Denied. On one occasion, Father and the children left the Paternal Grandparent's home on foot and walked no further than a half-mile before being met by Father's friend who Father had called and arranged to meet them before leaving the residence. 5. Denied. Father and the children sometimes walk to the Walmart that is less than a quarter mile from his residence and sometimes they walk the approximate half-mile around the trailer park where Father lives. Frequently during these outings, the children are riding bikes or being pulled by Father in their wagon and they are always supplied with sufficient drinks to remain hydrated. 6. Admitted in part. Shawna is preparing to enroll in kindergarten for the 2011-2012 school year but Father was not aware that Mother had already decided to enroll Shawna. 7. Denied. Father is fully capable of caring for the children and in light of Mother's current situation, it is asserted that the children's best interests would be served by granting Father primary physical custody. 8. Admitted. NEW MATTER 9. Defendant incorporates Paragraphs 1 through 8 as if more fully set forth herein. 10. In mid-July, Mother relocated to a new residence in McConnellsburg, Pennsylvania without obtaining either Father's agreement or a court order granting permission to relocate. This move puts Mother and the children an additional 20 minutes away making the total distance between residences over an hour apart. Father is not in agreement to this relocation. 1 1. Mother's decision to relocate also resulted in a change to the children's school district but it appears from Mother's Motion that she has unilaterally decided that Shawna will start school in Mother's new school district. 12. Mother not only failed to discuss her relocation with Father but Father learned of the relocation when he called the Maternal Grandmother's home to speak to the children and was told that Mother and the children were no longer there. 13. Father believes that Mother has moved in with her boyfriend but Mother has not provided Father with the boyfriend's name so that Father can know who the children are residing with during Mother's periods of custody. 14. Father believes that in light of Mother's current situation, his home would be the most stable residence for the children to live on a primary basis and for Shawna to begin kindergarten. WHEREFORE, Defendant prays that Plaintiff s Motion for Modification be denied and that shared legal custody and primary physical custody be awarded to him. Respectfully Submitted, MIDPENN LE AL SERVICES Date: '?• 2. ?'? I By: Jessica Hol t, Esquire foAtto r Defendant Supreme Ct. ID No. 82214 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 HEATHER GEYER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 2009-722 CIVIL ACTION - LAW MATTHEW JAMES GEYER, DEFENDANT : IN CUSTODY CERTIFICATE OF SERVICE I, Jessica C. D. Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Matthew Geyer, hereby certify that I have served a copy of Answer to Motion to Modify Custody on the Plaintiff's attorney, Sheri D. Coover, on July, 2011, in the manner indicated below: U.S. First Class Mail Postage Pre-Paid Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: ? . 2? • IIl Ai Supreme Ct. ID No. 82214 401 East Louther Street Carlisle, PA 17013 (717)243-9400 Respectfully Submitted, MIDPENN L GAL SERVICES By: Jesst, Esquire Attendant VERIFICATION The above-named DEFENDANT, MATTHEW JAMES GEYER, verifies that the statements made in the above ANSWER TO MOTION TO MODIFY CUSTODY are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: C) -7 ?? ?Ull A MATTH W JAMES GEYER HEATHER GEYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A c-> o c -,n vs. CIVIL ACTION - LAW '+?m ?-n : ?= G"') -urn MATTHEW JAMES GEYER, NO. 2009-722 "'.?v ? °o Defendant IN CUSTODY - T -rt v 2 p -n N G x ? l? COURT ORDER CO AND NOW, this -A3 day of August, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the following TEMPORARY custody Order is entered: 1. The mother, Heather Geyer, and the father, Matthew James Geyer, shall enjoy shared legal custody of Shawna Geyer, born October 28, 2005, and Elizabeth Geyer, born May 29, 2007. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy custody of the minor children every weekend from Friday at 4:00 p.m. until Sunday at 6:00 p.m. 4. Consistent with the requirements of 23 Pa. C.S.A. section 5329, the Court is in receipt of a report relating to Joseph Netz who resides with the Mother. Mr. Netz has a prior criminal record. The report received by the Court indicates that Mr. Netz is not a threat to the children and that further counseling for him is not necessary. 5. Legal counsel for the parties shall conduct another telephone conference call with the Custody Conciliator on Thursday, October 6, 2011, at 8:00 a.m. BY THE COURT: M cc: Sheri D. Coover, Esquire Edward E. Guido, Judge 8r„r (' 01V1 Jessica Holst, Esquire 8lati'ph ? tl? 3 HEATHER GEYER, Plaintiff vs. MATTHEW JAMES GEYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-722 IN CUSTODY Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator conducted a telephone conference with legal counsel for the parties on August 17, 2011. The Conciliator is in receipt of an alcohol evaluation completed in connection with Joseph Netz who is residing with the Mother, and this evaluation indicates that Mr. Netz is not a threat to the minor children. The evaluation is triggered by the fact that Mr. Netz had a prior DUI conviction. 2. Based upon the information the Conciliator received at the conciliation conference on August 5`h and the information received from the telephone conference on August 17`h, the Conciliator recommends an Order in the form as attached. Date: August / / , 2011 7 Hubert X. Gilroy, Esq re Custody Conciliator