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Home My WebLink About00-04695 .... LYDA GALLAGHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. REBECCA GALLAGHER & SHAWN FLEEGER 00-4695 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 6th day of July ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 15th day of September , 2000, at 10:30 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq.(j7 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 FORTI! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , ~ , .-" I < _ '.'-' <', --lii~;'~~~ ~ -'iti!:illJ illI~.;~m~l>.@l!!iJi.\ffim""j;,,,,='1;iiJ!l,,;,~_ ~~. .4;"'",,""-";~*,j;;&;jM~~E!;tj, /.).00 '/-)'00 7-/'0t? =-" ,~, <~~. ~ " --.~ . Iil"T~ , !!l:M1~ -' ~~-<~, . ~ iiliiliillliiiiiUilil ""'~ ,~,~ .., ;--') ""I~C!i""'~: '" ,.' -I, """w.y or 'T \.)~:,~:-l('~:,:.j-~.~-;~I\j,Ol j DO Jut -"1 PH 3: 34 CUM~~~~~~tv.m~l\1f{ &d. to/fr ~~ -d; 4 ~ '71~~ re ~ ~~~-#-~fRe ' - , " JUl 0 3 zuoV Q.. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000 - %95' CIVIL TERM L YDA GALLAGHER, Plaintiff REBECCA GALLAGHER and SHAWN FLEEGER, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this day of July, 2000, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator, at on the day of , 2000, at o'clock _.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: , Esquire Custody Conciliator cc: James 1. Kayer, Esquire Attorney for Plaintiff Rebecca Gallagher, Pro Se Sean Fleeger, Pro Se Defendant .~,~ , ,1-- , YOU SHOULD TAKE TillS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the 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. James J. Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, P A 17013 (717) 243-7922 ....,.. w !Oi\; v. REBECCA GALLAGHER and SHAWN FLEEGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000 - i/(,9S CIVIL TERM : CIVIL ACTION - LAW L YDA GALLAGHER, Plaintiff : IN CUSTODY GRANDPARENT'S PETITION FOR PARTIAL PHYSICAL CUSTODY COMES NOW, Petitioner, L YDA GALLAGHER, by and through his attorney, James J. Kayer, Esquire, and avers as follows: 1. The Petitioner is L YDA GALLAGHER, (Maternal Grandmother), residing at, 335 North East Street, Carlisle, Cumberland County, PA, 17013. 2. The Respondent is REBECCA GALLAGHER, natural mother, residing at Apt.# 1, 3471 Ritner Highway, Newville, Cumberland County, PA, 17241 3. The Respondent is SEAN FLEEGER, natural father, residing at, 1940 Reservoir Drive, Carlisle, Cumberland County, PA, 17013. 4. The Petitioner seeks partial physical custody of the following child: Name Present Residence Age Nathaniel Gallagher, Apt #1, 3471 Ritner Highway, born September 16, 1997,2 years. The child was born out of wedlock. 5. The child is presently in the custody of respondent, Rebecca Gallagher(natural mother). 6. During the child's life the child has resided with the following person(s) at the following address: September 1997 to March 1998 lived at 335 North East Street, Carlisle, PA, with Rebecca Gallagher, mother and the Plaintiff, Lyda, the Maternal Grandmother. "a,..." _ ~~. ,"".- March 1998 to September1998 lived with Rebecca Gallagher (natural mother), Chris Richcreek and Deb and Ron Richcreek at Wedgewood Drive, Carlisle. September 1998 to February 1999 lived with Rebecca Gallagher (natural mother), and Chris Richcreek at West Ridge Street, Carlisle, PA. February 1999 to September 1999 with Rebecca Gallagher (natural mother) and the PlaintiffLyda Gallagher, (maternal grandmother) at 335 North East Street, Carlisle, PA September 1999 to present with mother at 3471 Ritner Highway, Newville, PA 7. The Mother of the child is Rebecca Gallagher, currently residing at, Apt #1,3471 Ritner Highway, Newville, Cumberland County, PA,17047. She is not married. 8. The Father of the child is Sean Fleeger, currently residing at, 1940 Reservoir Drive, Carlisle He is not married. 9. The relationship of the Petitioner to the child is that of maternal grandmother. The Petitioner currently resides with the following persons, Name Relationship Alexis Gallagher Granddaughter Petitioner has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 10. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11. The best interest and permanent welfare of the child will be served by granting relief requested, because the child will benefit from continued and regular interaction with his grandmother. 9. Each parent whose parental rights to the child has not been terminated and the person who '", ^, ,. "'~ ~ . " r' has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Petitioner requests the Court to award partial physical custody of the child to Petitioner to include two weekends each month as well as special provisions for holidays, summer vacation and the child's birthdays. Respectfully submitted, KA YER & BROWN Date: b /'0/60 , , ' ~. VERIFICATION OF PLEADINGS The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. 1 have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, 1 have relied upon counsel in making this Verification. 1 understand that false statements herein are made subject to the penalties of 18 P A. C.S. !l 4904, relating to unsworn falsification to authorities. Date: Sb. ~~c ~ r 4/Y~ (; / " ~ ',- , " , - ~ "!It ^~ 'I Lyda Gallagher, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-'1(0'1)' CIVIL TERM v. Rebecca Gallagher and Shawn Fleeger, Defendants : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this day of ,2000, upon consideration of the attached Answer and Counterclaim, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq., the Conciliator, at Cumberland County Courthouse, Fourth Floor, Carlisle, Pennsylvania, on the 3'd day of August, 2000, at 8:30 A.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 II '. Lyda Gallagher, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00- CIVIL TERM Rebecca Gallagher and Shawn Fleeger, Defendants : CIVIL ACTION - CUSTODY ANSWER AND COUNTERCLAIM FOR CUSTODY 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. The best interest and permanent welfare of the child will be served by the continuing regular interaction between Petitioner and the child during periods of Respondent Rebecca Gallagher's periods of custody and not interrupting the regular interaction of the Child and Respondent Shawn Fleeger. I 12. Admitted. COUNTERCLAIM fOR CUSTODY 13. Paragraphs 1-12 are incorporated herein as if fully set forth. 14. Respondent Shawn Fleeger has obtained employment that occurs exclusively on weekends. :~~ , ,,-~ -" ,- '", ' - If " I , 15. The current custody order in effect provides for primary physical custody of the child with the Respondent Rebecca Gallagher and partial physical custody of the child three days per week with the father and alternating weekends. 16. Due to the father's new schedule, a change in circumstances has occurred that will require a change in the current custody Order. 17. The best interest and permanent welfare of the child will be served by awarding shared legal and' physical custody to both parents with father obtaining custody during the week and mother obtaining custody during every weekend. 18. This Honorable Court has scheduled a Pre-Hearing Custody Conference in this case for August 3, 2000 at 8:30a.m. at the office of the Conciliator, Hubert X. Gilroy, Esquire. WHEREFORE, Respondent Fleeger requests your Honorable Court to deny Petitioner's request for partial physical custody and to award shared legal and physical custody to Respondents Shawn Fleeger and Rebecca Gallagher as well as special provisions for holidays, summer vacation and the child's birthdays. Furthermore, Respondent Fleeger requel!ts that this Court schedule the matter of Respondent Fleegers Counterclaim at the Pre-Hearing Custody Conference Scheduled for August 3, 2000. ,I " I Respectfully Submitted TURO LAW OFFICES 1h/~ 1 Date/ / D Id A. Greene, E 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Respondent, Shawn Fleeger :-,~., '" - , N, , .'-' IV VERIFICATION I, David A. Greene, Esquire, attorney for the Defendent herein, have sufficient knowledge of the facts contained in this Answer and Counterclaim and verify that the statements made in the foregoing Answer and Counterclaim are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. A verification executed by the Plaintiff will be filed of record as soon as it becomes available. ?fllw Date / " , !I CERTifiCATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer and Counterclaim upon James J. Kayer, Esquire, by depositing same in the United States , Mail, first class, postage pre-paid on the <'<5 r~day of .I t/1' , 2000, from I Carlisle, Pennsylvania, addressed as follows: James J. Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 Da A. Greene, 28 South Pitt Stre Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant .., " "',' r wr- ""~." ,~~ ~ 1IIW\lI1i1 , n c: ~..- cD[~" ::'=; ~? " c=!.~ , ;~ir:; o!>;:.: ~~- :::(i " ('-- ,:-.:::: '<~_! III I ,wr~~~ll.~IOI!il~mm~ "".,,',.;o'",,'_~. """ L YDA GALLAGHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW REBECCA GALLAGHER: and SHAWN FLEEGER, Defendants NO. 00-4695 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2000, in light of the custody order entered at docket no. 98-2207 which deals with the above parties and addresses the issues raised in the above-captioned action, and pursuant to an agreement of counsel for all the parties, the above custody action is hereby dismissed. BY THE COURT, ~ ~. 00 L.<< 'l;\\'~ J. James J. Kayer, Esq. 4 Liberty Avenue Carlisle, P A 17013 Attorney for Lyda Gallagher and Rebecca Gallagher David Green, Esq. 28 S. Pitt Street Carlisle, P A 17013 Attorney for Shawn Fleeger :rc .. - '.' ,," ,0, :f .".:< ~-,~.- "'~l"""c "=, .,J"~_~__Jt;A;fti'~'''''"!W!I!J.-~l!i;;l!I>ll ....J' OF ;,:',C'.":-:C;-g)TARY no "'JG 1'- ""1""5 ,;' ;.H,,~ ..0 1-111 I- ,) CUMBEHLAi,iD COUN1Y PENNSYLVN.JIA :Ul~-~. . '.' _.^_.A.' _0. " ,_',.,,~~,', -'," ,~~~, ,~" ,"."'''''~~, ,~ " ~, , ,r. <" ", "' ~dil$>.iiIrarm '<"~r ~ Ji~