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HomeMy WebLinkAbout05-3082 ~ v. ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OS - JcJ>;). G"vl ~02..'l ; CIVIL ACTION - LAW : CUSTODY HEATHER ANNE GEOGHAN, Plaintiff BENJAMIN THOMAS GEOGHAN, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Heather Anne Geoghan, residing at 262 Redwood Lane, Carlisle, PA 17013. 2. The Defendant is Benjamin Thomas Geoghan, residing at 234 Birch Lane, Carlisle, PA 17013. 3. Plaintiff seeks custody of the following children; NAME PRESENT RESIDENCE AGE Benjamin Thomas Richard Geoghan 234 Birch Lane Carlisle, PA 17013 6 Madysen A. Geoghan " 4 Shelby P. Geoghan " 4 The children were not born out of wedlock. The children are presently in the custody of the Defendant's parents, Thomas Geoghan and Shirley Geoghan, who reside in Manistee, Michigan. During the past five (5) years, the children have resided with the following persons and at the following addresses; NAME RESIDENCE DATE Heather Anne Geoghan and Benjamin Thomas Geoghan 234 Birch Lane Carlisle, PA 17013 2000 to present - The mother of the children is Heather Anne Geoghan, currently residing at 262 Redwood Lane, Carlisle, PA 17013. She is married to the Defendant. The father of the children is Benjamin Thomas Geoghan, currently residing at 234 Birch Lane, Carlisle, PA 17013. He is married to the Plaintiff. 4. The relationship of the Plaintiff to the children is that of Mother, The Plaintiff currently resides with the following persons: NAME RELATIONSIDP Tammy Perez David Perez Friend Friend's son 5. The relationship of the Defendant to the children is that of Father. The Defendant currently resides alone. 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of one of the children in this court. The court, term and number, and its relationship to this action is: Protection From Abuse and Custody, Court of Common Pleas of Cumberland County, Docket No. 2000-1699 Civil Term. Plaintiff/Mother was awarded custody of the oldest child, Benjamin Thomas Richard Geoghan. The Plaintiff and Defendant reconciled upon the natural termination of the Protection From Abuse Order. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff/Mother has been the primary caregiver of all three of the children since the date of their birth. The Defendant/Father has exhibited inattentative parental skills which are not conducive to the safety and wellbeing of the children. 8. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named a party to this action, WHEREFORE, Plaintiff requests the Court to grant custody of the children. Respectfully submitted, FRIEDMAN & KING, P,C. Date~ !J!kxJ') ( Jo F. King, Esquire 600 N. Second Street Penthouse Suite P.O. Box 984 Harrisburg PA 17108 (717) 236-8000 Attorney for Plaintiff . . . VERIFICA nON I, Heather Anne Geoghan, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, Dated: r ( ') / CkJO') - (":) ~ tJ f" - If:. -- II -- - V) -- \) \l' -.a C1"l --D ~ &;~ ti' ~ ----.L.. (~ J i:." ~., c.~ C","I 0'-[ t ~~~. -;"2. (:\ 0': :~J~'.. IE> _,"" ~':~.:..I-i'1 C ?~~; oJ :.<"n - .- en - HEATHER ANNE GEOGHAN, Plaintiff/Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. DS- 3C>P,).. (},uL~ BENJAMIN THOMAS GEOGHAN, DefendantJRespondent : CNIL ACTION - LAW : CUSTODY MOTION FOR SPECIAL RELIEF PURSUANT TO PA R.C.P, 1915,]3 The Petition of the Plaintiff, Heather Anne Geoghan, by her attorney, John F. King, Esquire, respectfully represents that: 1. The Petitioner is Heather Anne Geoghan, who resides at 262 Redwood Lane, Carlisle, P A 17013. 2. The Respondent is Benjamin Thomas Geoghan, who resides at 234 Birch Lane, Carlisle, PA 17013. 3. The parties were married on June 27, 1998 in Fort Ritchie, Maryland and separated on June 15,2005. 4. Three (3) children were born ofthis marriage; namely, Benjamin Thomas Richard Geoghan (date of birth, 10/21198); Madysen A. Geoghan (date of birth, 4/24/01); and Shelby P. Geoghan (date of birth, 4/24/01). 5, Until June 11,2005, the children resided with the motioning partylMother and the Respondent/Father at the marital residence. 6, On June 11,2005, the Respondent/Father did transport the children to the Ohio/Pennsylvania border, and did hand over the children to his parents, Thomas and Shirley Geoghan, who reside at 286 Dunes Drive, Manistee, Michigan 49660, without the knowledge or agreement of the PetitionerlMother. 7. Petitioner/Mother reasonably believes that contrary to the best interests and welfare ofthe children, the Respondent/Father intends to move out of the Commonwealth of Pennsylvania with the children and to take the children away from Petitioner/Mother on a permanent basis. 8. Despite demands from the Petitioner/Mother, the Respondent/Father has failed and refused to indicate to the Petitioner/Mother when the children will be returned to the custody and care of the Petitioner/Mother. 9. The Petitioner/Mother is being denied physical access to the children without cause, 10. The Petitioner/Mother reasonably believes that the childrens' affections are being alienated. WHEREFORE, the Petitioner/Mother respectfully requests this Court to grant an Interim Order, pending the resolution ofthe underlying Custody Complaint which has been filed by the Petitioner/Mother this date, granting Petitioner/Mother custody of the minor children at issue, and further requiring the Respondent/Father to immediately return the minor children to the jurisdiction of this Court and to the custody of the Petitioner/Mother. Respectfully submitted, FRIEDMAN & KING, P.C. Date:~ (~.ax)') \ ,-C Jo F. King, EsqUire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 . ' . VERlFICA nON I, Heather Anne Geoghan, hereby acknowledge that I am the Petitioner in the foregoing action; that I have read the foregoing Motion for Special Relief; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated:~I~~) J/~'<i(j.,~~ Heather Anne Geoghan . r-' 0 C_':) '4 c;::::'J -n (':) ~~ ,:7--<1 j'-) ~\ " (-~ , c''\r-: <Jr:- ~ ::':.: --{"}r"-' '" - <Ie{ ~() , o. o ,-, ~ -- :-~,:l\.;".!. -->;> "- 2iS ~ ;~:: I'n ~ - ' j ., u'), b :~9. ~ L" --.,...... ~, .-- "<:.4- - .. . - FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 RECEIVED JUN 15 Z005 t Attorney for Plaintiff HEATHER ANNE GEOGHAN, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Dr- - 3uPd-... BENJAMIN THOMAS GEOGHAN, DefendantlRespondent : CIVIL ACTION - LAW : CUSTODY ORDER You, Benjamin Thomas Geoghan (Respondent), have been sued in Court for Special Relief to modify custody of the children: Benjamin Thomas Richard Geoghan (date of birth, 10/21/98); Madysen A. Geoghan (date of birth, 4/24/01); and Shelby P. Geoghan (date of birth, 4/24/01 ). /I. You are ordered to appear in person at flt.n1A.&~,,IV(' ~~ ' 'd!I.iA.1 hu.AQ.... (hzuiiwiJ'1/L ~.~ on ()u.~ f 4> / ' 5, at :3: CX) pm., for a hearing before the Court. f7 If you fail to appear as provided by this Order, an Order for custody, partial custody, or visitation, may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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, P A 17013 Telephone (717) 249-3166 .;~ BY THE COUR 0 "- 7 (.Uv/ J. ~ t' t 1\ \, ~ i)\ \~ .... (' (\:: L '1 :Z He! S I Ifni gun )'j"J""""":! ~U' "0 It t-".U\'",':I'''U-L.C,V ::fnl .:J j8J.j~O-u:nl:l ~ "\ . ('.... """, HEATHER ANNE GEOGHAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-3082 CIVIL ACTION LAW BENJAMIN THOMAS GEOGHAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, JUDe 20, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland CODnty Courthouse, Carlisle on Tuesday, July 12, 2005 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. All children age five or older mav also be present at the conference, Failure to appear at the conference mav provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish auy and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled heariul!:, FOR THE COURT. By: Isl ac ueline M. Veme 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 ~.le.1 'h ~ ~ =yu, .Jb-/~ "/ ~ fp ~~- ~"p'; 50-/('-'} V:'I\: \1,/('1 /.~)hi N::kl I "I(\(Y"".' " '-::\In" f\J..l';I" ,. "." v % :8 !tJ I 2 rmr SOUl } b';tIl(\\'('H' 'i\~"'>o' ::HLJO \ '.~'..u, ''"' __._,l.. ...I 38!~'EO-{Eli\j JRECEIVEO JUL 19 20ffi HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BENJAMIN THOMAS GEOGHAN, : NO. 2005-3082 CIVIL TERM Defendant : IN CUSTODY ORDER OF COURT AND NOW, this !J/.o f::J, day of consideration of the attached Custody Conci follows: I. A Hearing is scheduled in Co .? ,of the Cumberland County Court House, on the ~ day of -~005, at _I. ~D o'clock, L. M., at which time testimony will be t n. For purposes of this Hearing, the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary ofthe anticipated testimony of each witness. These Memoranda shall be filed at least ten days pJrior to the Hearing date. , 2005, upon Report, it is ordered and directed as 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Heather Anne Geoghan, and the Father, Benjamin Thomas Geoghan shall have shared legal custody of Benjamin Thomas Geoghan, born October 21, 1998, Madysen A. Geoghan, born April 24, 2001 and Shelby P. Geoghan, born April 24,2001. Each parent shall have an equal right, to be exerciisedjointly with the other parent, to make all major non-emergency decisions affecting the children's general well- being including, but not limited to, all decisions regarding their health, education and religion. Benjamin shall begin school at Middlesex Elementary School. 4. Beginning July 21, 2005 the parents shall share physical custody of the children on a week on/week off basis. The exchange day shall be Fridays at 5:30 p,m. Father shall have the first day and first week on the week onJweek off schedule. 5. In the event that either party is in need of a babysitter (unrelated third party) they shall contact the non-custodial parent and offer said time to that parent. 6. Transportation shall be shared such that the receiving party shall transport. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ?(. ~"> .....;...- ~, \.\.1';;.</, ~,"'~';~:; \1~~~,?~ \,:u\~\- ...,1 \..0 C>-IS '6 Cf' '.0 :.:-. ~ .~ ;:;:.....- ~ (;'oJ -' .~ U" (.:;:? "'" ,-' c:: '"j>' ""2':') , ) ,cs () i'RECEIVED JUL 192005 '} HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BENJAMIN THOMAS GEOGHAN, : NO. 2005-3082 CIVIL TERM Defendant : IN CUSTODY PRIOR JUDGE: EDGAR B. BAYLEY, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Benjamin Thomas Geoghan Madysen A. Geoghan Shelby P. Geoghan October 21, 1998 April 24, 2001 April 24, 200 I paternal grandparents paternal grandparents paternal grandparents 2. A Conciliation Conference was held July 18, 2005 with the following individuals in attendance: The Mother, Heather Anne Geoghan, with her counsel, John F. King, Esquire, and the Father, Benjamin Thomas Geoghan, with his counsel, Catherine A. Boyle, Esquire. 3. The Honorable Edgar B. Bayley entered an Order of Court, dated June 17, 2005 upon stipulation of the parties, placing the physical custody of the children with paternal grandparents until July 21,2005. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody of the children. Mother maintains that she has been the primary caregiver for the children, that the marital home has only two bedroom, that Father secreted the children from her in June, sending th~m to paternal grandparents. Mother indicates that she is quitting her job to be available to care for the children. Mother is living in a five bedroom house which can accommodate the children. 5. Father's position on custody is as follows: Father seeks shared legal custody and primary physical custody. Father asserts that Mother has left the marital residence for an extra-marital affair and is cohabitating with the person. The person is a stranger to the children. Father maintains that the visit with paternal grandparents was pre-arranged. To permit mother to have primary physical custody would be disruptive to the children, the oldest will start first grade on August 31, 2005. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody on a week on/week off basis. It is expected that the Hearing will require one day, 1 -/9 -()~ Date bd~~ JAL, ac line M. Verney, Esquire If Custody Conciliator HEATHER ANNE GEOGHAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERUI,ND COUNTY, PENNSYLVANIA V. BENJAMIN THOMAS GEOGHAN, DEFENDANT 05-3082 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of August, 2005, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Heather Geoghan and Benjamin Geoghan shall have shared legal custody of their three children, Benjamin Geoghan, born October 21,1998, Madysen Geoghan, born April 24, 2001, and Shelby Geoghan, born April 24, 2001. (3) The mother shall have primary physical custody of the three children. (4) Benjamin, who will start first grade in 2005, shall go to school in the District of the mother's residence, as shall Madysen and Shelby when they start school. (5) The father shall have temporary physical custody of the three children: (a) During the school year, every other Friday evening until Monday morning, or Tuesday morning if Monday is a school holiday. (b) Every Thursday evening until 8:00 p.m. following his weekend of temporary physical custody, and every Wednesday evening until 8;00 p,m, before his weekend of temporary physical custody. (c) During each summer school vacation pe!riod, every other week with exchanges on Sundays except, if the paternal grandparents are amenable, the children shall spend up to four continuous weeks at their home in Michigan during weeks agreed to by the parents. (d) Each December 26th through the morning of January 2nd. (e) Such other times as both parents agree. (6) The parents shall share Christmas Day, (7) The parents shall cooperate in the transportation for the father's periods of temporary physical custody. An F. King, Esquire F or Plaintiff / ~atherine A. Boyle, Esquire For Defendant :sal - ,\_t,'" .\1:1-\ \_,1\\'<.\";) II, \;~~;;>\, '\~\~.~' I.......') . .,-.'-,1 ;\'..\('\r"--, '.'"".',\ \ ~j..\'~\ \\ \ .,' t, S '.S \\6 ~ \ ~\i'4 0,1\1\1 , ,',' ,\r\,~J :l\-\' ~O \:o'\j\()\';\J\\~V~u ~, j. f\ - :>'" -\,\Cr(\1\1:I .~Ji...- " Heather Anne Geoghan, Plaintiff : TN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA VS. : NO, 2005-3082 CIVIL TERM Benjamin Thomas Geoghan, Defendant : CIVIL ACTION IN LAW - CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ~p.", \.., ~. \\"f::..NN ;'1\\ hereby cenify that on ~ ~\)~ \ ~. ,2005, at .3 0' 10ck..5?-. m. a copy of a Subpoena to Attend and Testify for Frank Hopkins was served on E c; f-..-E.€..~ I:: at ~ ~ 1 \:.0"" "" \~ ~, (Name 0 ecipien (Location) D\€<-'~~t-\,- ~v Si:5f~ Sworn to and subscril]ed before me this ~""t!ay of o..u.~ ,2005 (J;/U;;~,~JI L Notary Public COMMONW"'cALTH OF PENNSYLVANIA NOTARIAL SEAL C~RISTlNA L. KEIM, Notary Public City of Hamsburg, Dauphin County My CO'1lmi<lSicn Expires May 1, 2COO MEVERS, DESFOR. SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O, BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717)236'2817 g, "" <f' ~ G"'> ,,<, v:> Q.. cj, :Q r\ ~.... .nr) -:1~1..) C.'-"~?l ~-~\ .-.., ")':1 ".''f'r\ ~<) ::::.\ ~ ....0 -:;'t:. v' .' v:> 0'" FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N, Second Street Penthouse Suite p, 0, Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY PETITION FOR LEAVE TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW comes the Petitioner, Friedman & King, P.C" by John F, King, Esquire, seeking leave ofthis Honorable Court to withdraw as counsel for Plaintiff, Heather Anne Geoghan, pursuant to the Rules of Professional Conduct Rule 1.16, and avers as follows: I. Petitioner is counsel of record for Plaintiff hl:rein by virtue of having filed a Complaint for Custody on June 15, 2005. 2. Petitioner and Plaintiff entered into a written fee agreement on or about June 15, 2005. A copy ofthe fee agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference, 3, Pursuant to said fee agreement, the services to be performed were for Plaintiffs custody matter for a flat fee of$I,OOO.OO, plus costs, through the conciliation conference, and thereafter the fee would be on an hourly rate of $250,00 per hour for Richard S, Friedman, Esquire, and $200.00 per hour for John F. King, Esquire. 4, Said $1,000.00 retainer was received, Thereafter, Plaintiff was billed hourly for services performed after the conciliation conference, for which no payments have been received to date. 5. On November 29,2005, Petitioner wrote to Plaintiffrequesting that she contact Petitioner because of some concerns which the Defendant has regarding discipline and daycare issues of the children. 6, Since no response was received to Petitioner's November 29, 2005 letter, Petitioner sent a follow up letter on December 22, 2005 advising that she contact Petitioner by December 31,2005, or Petitioner would withdraw as counsel. 7. Due to the uncooperativeness ofthe Plaintiff, and because of unpaid fees, Petitioner hereby respectfully requests that he be allowed to withdraw as counsel for Plaintiff. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Plaintiff and to withdraw his app'larance as counsel in the above-captioned matter, Respectfully submitted, FRIEDMAN & KING, P.e. D.,rrM.WAfj ~ }<<'6 . i"& 'i!l7r 60 . Second Street Penthouse Suite P. 0, Box 984 Harrisburg, PA 17108 (717) 236-8000 ff[" bJ It FRIEDMAN & KING, P.c. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburj\, P A 17108 (717)236-8000 (717)236-8080 (fax) friedmanandkinl!@hobnaiI.com Richard S. Friedman John F. King June IS, 2005 Ms. Heather Anne Geoghan 2~R wo .a~L e Car eo"., 13 ,// ,.'; .,.-,/ "- Dear Ms. Geoghan: We are pleased that you have asked our firm to represent you in your custody matter. This letter is a written explanation of our fees, which Pennsylvania law requires attorneys to provide for their clients. We, Friedman & King, P.C., will provide legal services to you on the terms set forth below, 1. This agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this agreement. This agreement will take effect when you have performed the conditions stated in Paragraphs 1 and 2, but its effective date will be retroactive to the date we first performed services. The elate at the beginning of this agreement is for reference only. 2, Although it is customary for us to receive a prepayment of fees and costs, we have waived a prepayment in your particular case. However, we reserve the right to require a deposit (prepayment of fees and costs) in the future. 3, We feel that the most equitable basis for our fee is a Hat fee of $1,000,00, plus costs. It is understood that you are hiring us as your attorneys, to represent you in your custody matter. We will provide those legal services reasonably required to represent you, which we expect will include services regarding custody through conciliation. The fee will be renegotiated should the matter require representation beyond that which is identified herein. In that event, our billing is based on an hourly rate starting at $250.00 per hour for Richard S. Friedman, Esquire, $200,00 per hour for John F. King, Esquire, and $75,00 per hour for any paralegal or legal assistant's work, The hourly rates, if applicablle, are subject to increase provided we give you 30 days written notice, Further, you hereby acknowledge that Friedman & King, P.C, has the right to terminate its representation of you if you do not follow the advice of the law firm. It may also terminate its representation should it be determined that continuing its representation would create an unreasonable financial burden to the law furn. Friedman & King, P.C. is not required to file an appeal on your behalf should the case be litigated. .Ms, Heather Anne GeogI June IS, 2005 Page 2 4. Travel time shall be defined as our time travelling from our office to meetings, hearings, trials, support conferences, etc. (and returning thereto) in the furtherance of your interests in your matter. Often, our schedule will be such that we will leave from somewhere other than our office to attend such a hearing or meeting, andlor return to a place other than the office after such a hearing or meeting. Travel time in such an instance shall be calculated from the place of origin to the meetinglhearing, and the place of the meetinglhearing to our next destination. However, this will not exceed the charge for the time it would have taken if we had left from our own office or returned to our own office, If you are retaining us for a matter involving hearings or a trial in a county other than Dauphin, you have been advised that our fees will likely exceed those which would be charged by local counsel, and counsel in the county in which the matter is pending would not have any or as much travel time for which you will be billed. 5, We expect you to keep current with our billings. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. We expect our invoices to be paid in full within the month in which they are received, You should review your invoice promptly. If you fail to object to the charges in the month within which the bill is sent, we will assume that the bill is satisfactory, In the event of any fee dispute or failure to pay fees and costs, or if you feel that this office has not properly represented you and that you have a claim against this office, either you or this office has the right to demand binding and final arbitration under the rules and regulations of the American Arbitration Association as your sole and exclusive remedy. If it is necessary for us to proceed againsl! you for payment of our bill, you will be responsible for paying all costs of collection, including the reasonable value of our services to proceed against you. 6. All bills are due within thirty (30) days, A carrying charge of eighteen (18 % ) percent APR (1 1/2 % per month) will be added after thirty (30) days. 7. You are hiring us as your attorneys, to represent you in your custody matter. We will provide those legal services reasonably required to represent you, which we expect will include services regarding custody through conciliation, No other services will be provided except as specifically requested by you. We will take reasonable steps to keep you informed of progress and to respond to your inquiries, and will return your calls as promptly as possible. Unless we are out of town, most phone calls will be either taken at the time you call us, or returned the same day. 8, An attorney's services are subject to certain laws and ,ethical guidelines concerning confidentiality. This means that anything confidential which you disclose to this office must be held in confidence by this office and cannot be revealed unless the refusal to reveal it would involve this office in unethical or illegal activities. This right of confidentiality only applies when you meet in private with an attorney and/or any member of his staff. Should you choose to have a family member or friend present during our meetings, your right of confidentiality has been waived, and although this is extremely unlikely, should your attorney be subpoenaed to testify against you in an adversarial proceeding, we would not be able to assert confidentiality as a reason not to give testimony. You are encouraged when dealing with highly adversarial matters to meet alone with your attorney. .Ms, Heather Anne GeogL June 15, 2005 Page 3 9. Unless we make a different agreement in writing, this agreement will govern all future services we may perform for you, 10, You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this agreement, to pay our bills on time, and to keep us advised of your address, telephone number and whereabouts, Frequently, courts or other governmental agencies will send documents directly to you, as a party to litigation or as a principal in a business, and they will not send copies to us, as your attorney of record. For this reason it is very important that you forward to us any documents, papers, or correspondence which have been sent directly to you from the court or from any other source which may have any bearing on this matter. II. We may incur various costs and expenses in performing legal services under this agreement. You agree to pay for those costs and expenses in addition to the regular fees. If you are being billed on a contingent basis, you understand that tllese costs will be subtracted from your net proceeds (after subtraction of Friedman & King's fees). Upon request, you agree to pay these costs in advance. The costs and expenses conUllonly include process servers' fees, fees fixed by law or assessed by courts and other agencies (so-called "filing fees"), court reporters' fees, messenger, overnight delivery and other delivery fees, sheriff's fees, parking and other local travel expenses, photocopying charges if they become excessive and must be performed out of the office, on-line computer research time, and other similar items. To aid in the preparation or presentation of your case, it may become necessary to hire doctors or other expert witnesses. We will not hire such personnel unless you agree to pay their fees and charges. We will select any expert witnesses to be hired. For out of town travel, you agree to pay meals, lodging and all other costs of any necessary out-of-town travel by personnel. 12, As previously stated, all fees must be paid on a current basis, Should there be outstanding fees at the conclusion of your matter, they must be paid when the case is concluded, Additionally, this office may require that you execute a judgment note or lien upon property or the proceeds of equitable distribution in our favor to secure payment of fees and costs. This office also reserves the right to retain all funds which we receive on your behalf, from any source, to guarantee payment of fees and costs, Regarding funds held in escrow: During the course of our representation, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and costs advanced before remitting the balance of the fimds held in escrow to you. 13. You may discharge us at any time. We may withdraw with your consent or for good cause, Good cause includes your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation unlawful or unethical. When our services conclude, all unpaid charges will immediately become due and payable, After our services conclude, we will, upon your request, deliver your file to you or your representative, along with any funds or property of yours in our possession. .Ms. Heather Anne GeogL June 15, 2005 Page 4 14, Within ninety (90) days of the conclusion of our representation, whether this occurs because of completion of your matter, your discharge of our services, or our withdrawal as your counsel, you have the right to go through oUJr file and secure copies of anything you wish. If you do not choose to request originals or copies from your file within ninety (90) days after the conclusion of our representation, we will assume that you are waiving this right. At the end of said ninety (90) day period, this office will remove from the file and destroy all nonessential documents, such as court pleadings which are of record at the court house, our memos to the file, our notes on the case, our legal research, and transcripts of depositions, At the end of five (5) years from the date of our conclusion of our representation, we will destroy your file, retaining only those original documents which may be needed in the future by you, 15. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter, We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only. 16. Our office manager and secretaries are usually conversant with the status' of your file but are not permitted nor are they qualified to give any opinions or to advise clients on any legal matters. 17, As a result of the firm's representation, it may be necessary to gather information protected by federal and state privacy laws. By signing this fee agreement and hiring the firm, you authorize the firm or its representative, to gather any and all information it or they may deem necessary for the prosecution of your claim. This authorization acknowledges the fact that such gathering and disclosure of information may be to a third party not bound by the privacy laws or any other agreement or obligation of confidentiality. Also, you understand that upon conclusion of your case, the firm would normally hold your file and records for possible use on your behalf in the future, However, you further understand that you have the absolute right to notify the firm that you desire to have you records destroyed, or to pick them up to be retained by you. 18. Please countersign this Agreement and return it to us in the enclosed envelope, so that we will have a mutual memorandum of our understanding, Also, please fill in your Social Security number on the line below your name, Very truly yours, \\ D ~-J/~a/~ ~ng J-"O JFKlbp: geoghan \fee .ltr Enclosures " oMs, Heather Anne Geogh~u June 15, 2005 Page 5 I have read and understood the foregoing terms and agree to them, as of the date Friedman & King, P,C, first provided services. / / I /J ~11~;!i~fi~i(a~ cf yJ ""if Phone number: Social Security number: ) 7"1'. S'ti '<;<:1. "'"1' . . HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, John F, King, Esquire, hereby certify that on January 9, 2006, I served a copy of the within Petition for Leave to Withdraw as Plaintiff's Counsel, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Heather Anne Geoghan 493 State Street Enola, PA 17025 Catherine A. Boyle, Esquire Meyers, Desfor, Saltz giver & Boyle 410 N. Second St. P. 0, Box 1062 Harrisburg, PA 17108 FRIEDMAN & KING, P,C. Joh .King~ 600 . Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 (' ~<'I (I '..f1 '. r-...::: '- (.-' } JAN ! ~7 7005 i HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY RULE TO SHOW CAUSE AND NOW, this -;?() day Of~' 2006, upon c nsideration of the foregoing Petition for Leave to Withdraw as Plaintiffs Counsel, the Court gr nts a Rule to Show Cause why the appearance of John F, King, Esquire and Friedman & King P.C" on behalf of Plaintiff, should not be allowed to be withdrawn. RULE RETURNABLE WITHIN ~~ THE DATE OF SERVICE OF THIS RULE. J, 1"'.t\'OV \;if D OF I .,t, nl-.. 'J I. 1;'4 FRIEDMAN and KING, P.e. John F, King, Esquire ID#61919 600 North 20d Street Penthouse Suite Harrisburg, PA 17101 (717)236-8000 HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE John F. King, Esquire, respectfully requests this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on January 20,2006, and in support states the following: 1. A Petition for Leave to Withdraw as Plaintiffs Counsel was filed by the Petitioner on January 12, 2006, A copy of said Petition is attached hereto and marked as Exhibit "A", 2. A Rule to Show Cause was issued on January 20,2006, and was served on Catherine A. Boyle, Esquire, attorney for Defendant, and Heather Anne Geoghan, Plaintiff. The certified mail cards are attached hereto as Exhibit "B". 3. To date, no response has been forthcoming from the Plaintiff or Attorney Boyle to this Honorable Court's Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Court make the Rule to Show Cause Absolute. Respectfully submitted, Dat~'u ()1I~d ), tb '(/7 ..~ \ F. King, Esquire ,,~ 0 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 Petitioner Lxtub it If HEATHER ANNE GEOGHAN, Plaintiff N 1 7 ZO06 : IN THE COURT OF COMMON PLEAS q : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY RULE TO SHOW CAUSE AND NOW, this day of , 2006, upon consideration of the foregoing Petition for Leave to Withdraw as Plaintiffs Counsel, the Court grants a Rule to Show Cause why the appearance of John F. King, Esquire and Friedman & King, P.c., on behalf of Plaintiff, should not be allowed to be withdrawn. RULE RETURNABLE WITHIN ( ) DAYS FROM THE DATE OF SERVICE OF THIS RULE. ALL PROCEEDINGS TO STAY MEANWHILE. J, FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff HEATHER ANNE GEOGHAN, Plaintiff ('\ ':'~-" : IN THE COURT OF COMMON PLEA'8'::; L;., : CUMBERLAND COUNTY, PENNSYLV ~ v. : NO. 05-3082 Civil Term N ---., BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION -LAW : CUSTODY <-,J PETITION FOR LEAVE TO WITHDRAW AS PLAINTIFF'S COUNSEL AND NOW comes the Petitioner, Friedman & King, P.C., by John F. King, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Plaintiff, Heather Anne Geoghan, pursuant to the Rules of Professional Conduct Rule 1.16, and avers as follows: I. Petitioner is counsel of record for Plaintiff herein by virtue of having filed a Complaint for Custody on June 15, 2005. 2. Petitioner and Plaintiff entered into a written fee agreement on or about June 15,2005. A copy of the fee agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference. 3. Pursuant to said fee agreement, the services to be performed were for Plaintiffs custody matter for a flat fee of $1,000.00, plus costs, through the conciliation conference, and thereafter the fee would be on an hourly rate of$250.00 per hour for Richard S. Friedman, Esquire, and $200.00 per hour for John F. King, Esquire. () .,., :;=1 r-';-I':-; r-'. 4, Said $1,000.00 retainer was received. Thereafter, Plaintiff was billed hourly for services performed after the conciliation conference, for which no payments have been received to date. 5. On November 29,2005, Petitioner wrote to Plaintiff requesting that she contact Petitioner because of some concerns which the Defendant has regarding discipline and daycare issues of the children, 6. Since no response was received to Petitioner's November 29, 2005 letter, Petitioner sent a follow up letter on December 22, 2005 advising that she contact Petitioner by December 31,2005, or Petitioner would withdraw as counsel. 7. Due to the uncooperativeness of the Plaintiff, and because of unpaid fees, Petitioner hereby respectfully requests that he be allowed to withdraw as counsel for Plaintiff. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Plaintiff and to withdraw his appearance as counsel in the above-captioned matter. Respectfully submitted, FRIEDMAN & KING, P,C. D""CfAW -^If ~ ?if{P .ng, EsqUIre 60 . Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA17108 (717) 236-8000 EXHIBIT A r FRIEDMAN & KING, P.c. 600 N. 2nd Street, Fifth Floor P.O. Box 984 Harrisburg, P A 17108 (717)236-8000 (717)236-8080 (fax) friedmanandking@hotmaiI.com Richard S. Friedman John F. King June 15, 2005 Ms. Heather Anne Geoghan 2~R~~9~.@ L~e CarMe.~A)"7J.!..l3 /)d v Dear Ms. Geoghan: We are pleased that you have asked our firm to represent you in your custody matter. This letter is a written explanation of our fees, which Pennsylvania law requires attorneys to provide for their clients. We, Friedman & King, P.C., will provide legal services to you on the terms set forth below. 1. This agreement will not take effect, and we will have no obligation to provide legal services, until you return a signed copy of this agreement. This agreement will take effect when you have performed the conditions stated in Paragraphs 1 and 2, but its effective date will be retroactive to the date we first performed services. The date at the beginning of this agreement is for reference only. 2. Although it is customary for us to receive a prepayment of fees and costs, we have waived a prepayment in your particular case. However, we reserve the right to require a deposit (prepayment offees and costs) in the future. 3. We feel that the most equitable basis for our fee is a flat fee of $1,000.00, plus costs. It is understood that you are hiring us as your attorneys, to represent you in your custody matter. We will provide those legal services reasonably required to represent you, which we expect will include services regarding custody through conciliation. The fee will be renegotiated should the matter require representation beyond that which is identified herein. In that event, our billing is based on an hourly tate starting at $250.00 per hour for Richard S. Friedman, Esquire, $200.00 per hour for John F. King, Esquire, and $75.00 per hour for any paralegal or legal assistant's work. The hourly rates, if applicable, are subject to increase provided we give you 30 days written notice. Further, you hereby acknowledge that Friedman & King, P.C. has the right to terminate its representation of you if you do not follow the advice of the law firm. It may also terminate its representation should it be determined that continuing its representation would create an unreasonable financial burden to the law flIm. Friedman & King, P.C. is not required to file an appeal on your behalf should the case be litigated. ~ Ms, Heather Anne GeoL June 15, 2005 Page 2 4. Travel time shall be defined as our time travelling from our office to meetings, hearings, trials, support conferences, etc. (and returning thereto) in the furtherance of your interests in your matter. Often, our schedule will be such that we will leave from somewhere other than our office to attend such a hearing or meeting, and/or return to a place other than the office after such a hearing or meeting. Travel time in such an instance shall be calculated from the place of origin to the meeting/hearing, and the place of the meeting/hearing to our next destination. However, this will not exceed the charge for the time it would have taken if we had left from our own office or returned to our own office. If you are retaining us for a matter involving hearings or a trial in a county other than Dauphin, you have been advised that our fees will likely exceed those which would be charged by local counsel, and counsel in the county in which the matter is pending would not have any or as much travel time for which you will be billed, 5. We expect you to keep current with our billings. We reserve the right to terminate our attorney-client relationship for non-payment of fees or costs. We expect our invoices to be paid in full within the month in which they are received. You should review your invoice promptly. If you fail to object to the charges in the month within whi,:h the bill is sent, we will assume that the bill is satisfactory. In the event of any fee dispute or failure to pay fees and costs, or if you feel that this office has not properly represented you and that you have a claim against this office, either you or this office has the right to demand binding and final arbitration under the rules and regulations of the American Arbitration Association as your sole and exclusive remedy. If it is necessary for us to proceed against you for payment of our bill, you will be responsible for paying all costs of collection, including the reasonable value of our services to proceed against you. 6. All bills are due within thirty (30) days, A carrying charge of eighteen (18%) percent APR (1 112 % per month) will be added after thirty (30) days. 7. You are hiring us as your attorneys, to represent you in your custody matter. We will provide those legal services reasonably required to represent you, which we expect will include services regarding custody through conciliation. No other services will be provided except as specifically requested by you. We will take reasonable steps to keep you informed of progress and to respond to your inquiries, and will return your calls as promptly as possible. Unless we are out of town, most phone calls will be either taken at the time you call us, or returned the same day. 8. An attorney's services are subject to certain laws and ethical guidelines concerning confidentiality. This means that anything confidential which you disclose to this office must be held in confidence by this office and cannot be revealed unless the refusal to reveal it would involve this office in unethical or illegal activities. This right of confidentiality only applies when you meet in private with an attorney and/or any member of his staff. Should you choose to have a family member or friend present during our meetings, your right of confidentiality has been waived, and although this is extremely unlikely, should your attorney be subpoenaed to testify against you in an adversarial proceeding, we would not be able to assert confidentiality as a reason not to give testimony. You are encouraged when dealing with highly adversarial matters to meet alone with your attorney. /". Ms, Heather Anne GeoL June 15, 2005 Page 3 9. Unless we make a different agreement in writing, this agreement will govern all future services we may perform for you. 10. You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this agreement, to pay our bills on time, and to keep us advised of your address, telephone number and whereabouts. Frequently, courts or other governmental agencies will send documents directly to you, as a party to litigation or as a principal in a business, and they will not send copies to us, as your attorney of record. For this reason it is very important that you forward to us any documents, papers, or correspondence which have been sent directly to you from the court or from any other source which may have any bearing on this matter. 11. We may incur various costs and expenses in performing legal services under this agreement. You agree to pay for those costs and expenses in addition to the regular fees. If you are being billed on a contingent basis, you understand that these costs will be subtracted from your net proceeds (after subtraction of Friedman & King's fees). Upon request, you agree to pay these costs in advance. The costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies (so-called "filing fees"), court reporters' fees, messenger, overnight delivery and other delivery fees, sheriff's fees, parking and other local travel expenses, photocopying charges if they become excessive and must be performed out of the office, on-line computer research time, and other similar items, To aid in the preparation or presentation of your case, it may become necessary to hire doctors or other expert witnesses. We will not hire such personnel unless you agree to pay their fees and charges. We will select any expert witnesses to be hired. For out of town travel, you agree to pay meals, lodging and all other costs of any necessary out-of-town travel by personnel. 12. As previously stated, all fees must be paid on a current basis. Should there be outstanding fees at the conclusion of your matter, they must be paid when the case is concluded. Additionally, this office may require that you execute a judgment note or lien upon property or the proceeds of equitable distribution in our favor to secure payment of fees and costs. This office also reserves the right to retain all funds which we receive on your behalf, from any source, to guarantee payment of fees and costs. Regarding funds held in escrow: During the course of our representation, we may have occasion to hold funds in escrow on your behalf. We reserve the right to apply funds held in escrow to pay outstanding billings for services and costs advanced before remitting the balance of the funds held in escrow to you. 13. You may discharge us at any time. We may withdraw with your consent or for good cause. Good cause includes your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation unlawful or unethical. When our services conclude, all unpaid charges will immediately become due and payable. After our services conclude, we will, upon your request, deliver your file to you or your representative, along with any funds or property of yours in our possession. Ms. Heather Anne Geol June 15, 2005 Page 4 14. Within ninety (90) days of the conclusion of our representation, whether this occurs because of completion of your matter, your discharge of our services, or our withdrawal as your counsel, you have the right to go through our file and secure copies of anything you wish, If you do not choose to request originals or copies from your file within ninety (90) days after the conclusion of our representation, we will assume that you are waiving this right. At the end of said ninety (90) day period, this office will remove from the file and destroy all nonessential documents, such as court pleadings which are of record at the court house, our memos to the file, our notes on the case, our legal research, and transcripts of depositions. At the end of five (5) years from the date of our conclusion of our representation, we will destroy your file, retaining only those original documents which may be needed in the future by you, 15, Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our .comments about the outcome of your matter are expressions of opinion only. 16. Our office manager and secremries are usually conversant with the status' of your file but are not permitted nor are they qualified to give any opinions or to advise clients on any legal matters. 17. As a'result of the firm's representation, it may be necessary to gather information protected by federal and state privacy laws. By signing this fee agreement and hiring the firm, you authorize the firm or its representative, to gather any and all information it or they may deem necessary for the prosecution of your claim. This authorization acknowledges the fact that such gathering and disclosure of information may be to a third party not bonnd by the privacy laws or any other agreement or obligation of confidentiality. Also, you understand that upon conclusion of your case, the firm would normally hold your file and records for possible use on your behalf in the future. However, you further understand that you have the absolute right to notify the firm that you desire to have you records destroyed, or to pick them up to be retained by you. 18. Please countersign this Agreement and return it to us in the enclosed envelope, so that we will have a mutual memorandum of our understanding. Also, please fill in your Social Security number on the line below your name. ,~verY truly yours, . ;:J-. - f~ J F. King ~ JFKlbp: geoghan \fee .Itr Enclosures Ms, Heather Anne Geol June 15, 2005 Page 5 I have read and understood the foregoing terms and agree to them, as of the date Friedman & King, P.C. first provided services. " Phone number: Social Security number: } 7'1'- ."i~' .t;t1,>;-<f HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on January 9, 2006, I served a copy of the within Petition for Leave to Withdraw as Plaintiffs Counsel, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Heather Anne Geoghan 493 State Street Enola, P A 17025 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second St. P. O. Box 1062 Harrisburg, P A 17108 FRIEDMAN & KING, P.C. Jo 600 . Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 [xAlhr+ B SeNDER ./ { ,'I-' ! . \.-\ I; '~J_ ~ ~~ r ....'. v'. .~L_ ,- . Complete items 1, 2, and 3. Also complete ttem 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the IT18ilplece, or on the front ff space pennits, 1. ArtIcle Addressed to: Catherine A. Boyle, Esquire Mlyers, ])esfor, Sa1tzgiver & 410 N. Second St. P. O. Box 1062 , Harrisburg, PA ,17108 2. Artlcle Number (>>'snsferfrom$6l'Vlc6Jabe1] PS Fonn 3811. August 2001 ~~~ D Agent D Add",.... C. DaleofDeIlV8IY 1e 3. _Type :xm CenIfled Mall DRegIstered D lnoured Mall D C. 4. _ed DelIvery? (EltIa Fee) DVea 7004 0750 0002 8071 9107 Oomoallc Rolum _pt t02595-02-M-1:s40 SENDER, . I >"~ t ~ . Complete Items I, 2, and 3. Also complete ttem 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallplece, or on the front ff space permlta. 1. Arttcle Addressed to: Heather .Anne ceoghan 493 State Street Eno1a, PA 17025 2. Article Number (',"oster from _label) PS Fonn 3811, August 2001 D Agent 3. _ 1'ype :xm CenIfled Mall C El<pnlsa MaH D Regla\eIed gRatum R_pt for Marchand... o Insured Mall CJ C.O.D. 4. R_clad Delivery? (EltIa Fee) CI Vea 7004 0750 0002 8071 9091 Dorneatk: Relum ~ 1 Q2595-Q2.M-1540 HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY CERTIFICA TE OF SERVICE I, John F. King, Esquire, hereby certify that on February d...... 2006, I served a copy of the within Motion to Make Rule To Show Cause Absolute, by depositing same in the United States Mail, first class. postage prepaid, addressed as follows: Heather Anne Geoghan 493 State Street Enola, PA 17025 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second St. p, O. Box 1062 Harrisburg, P A 17108 FRIEDMAN & KING, P.C. F. King, Esquire N. Second Street enthouse Suite P. 0, Box 984 Harrisburg, PA 17108 (717) 236-8000 ~:-CJ .::'.:.:.: ...~} "( c;. --;;. t ~~ -,T -:;~ -( c~ ('>.") C) '"""h ...., :~~ -C-' C,> --:'\ r '"; co: (.: t ..-<.. ;)- t HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-3082 Civil Term BENJAMIN THOMAS GEOGHAN, Defendant : CIVIL ACTION - LAW : CUSTODY ORDER AND NOW, thi~ day of February, 2006, upon consideration of the verified Petition for Leave to Withdraw as Plaintiff's counsel, and Rule to Show Cause, and there being no response, nor opposition thereto, it is hereby ORDERED and DECREED that said Petition is granted and that Petitioner, John F, King, Esquire, and the firm of Friedman & King, P,C., be permitted to withdraw their appearance of record for the Plaintiff in the above matter, and the Prothonotary shall so mark the docket. BY~~URTI J. Distribution: "" John F. King, Esq., 600 N. 2nd Street, 5th Floor, Harrisburg, PA 17101 -C<f"1A ')h..d~d.. Catherine A. Boyle" Esq., 410 N, Second St., P. O. Box 1062, Harrisburg, P A 17108 . "". { ,; t;J,.l..)yo Heather Anne Geoghan, 493 State Street, Enola, P A 17025 . Cumberland Co. Proth., Cumberland Co. Courthouse, 1 Courthouse Sq" Carlisle, P A 17013 ',;L.. .'::..-. Cc :';T' ,.' (~- ; c::> '\.l .. .-.... ",,'- ':0 I /, C7 ,c;:) Lt....! 2:':'~ C~:~_; ~.,; '''.1 () HEATHER ANNE GEOGHAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 05-3082 Civil Term BENJAMIN THOMAS GEO<t;HAN, Defendimt : CIVIL ACTION - LAW : CUSTODY CERTIFICATE OF SERVICE I, John F, King, Esquire, hereby certify that on February 13,2006, I served a copy of the Order of February 8, 2006, by depositing same in the United States Mail, first class, postage prepaid, addretsed as follows: Heather Anne Geoghan 493 State Street Enola, PA 17025 Catherine A. Boyle, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N, Second St. p, O. Box 1062 Harrisburg, PA 17108 ___I " ~:.~~.; ; c._,