HomeMy WebLinkAbout98-02207
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SEAN Ii'LEEGICR,
Plaintiff
I IN 'I'HE COUR'I' OJ!' ~ PLEAS OF
: CUMBERLAND COON'l'y, PENNSYLVANIA
.
.
vs.
I NO. 98-2207 CIVIL TERM
REBI!lCCA GALLAGHER,
Defendant
.
.
: CIVIL ACTION - LAW
: CUSTODY
~ ~ CXU!
.lltlD tOi, thls 3M. day of a'A"A+- , 1999, upoo
oonsideration of the attaClied'Custod}' ConcUi;~Report, Ii: is ordered
and directed as follows:
1. The prior Order of this Court dated April 16, 1999 is vacated and
replaced with this Order.
2. The Father, sean Fleeger, and the Mother, Rebecca Gallagher, shall
have ehared legal custody of Nathaniel Gallagher, born Septent>er 16, 1997.
The Mother ehall notify the ~'ather of the Child's medical appointmente in
advance. The Father ehall have access to all the Child's medical recorda
and information and the Mother shall c.'OOperate in making the recorde or
copies thereof available to the Father. The Father shall have access to
all the Child's records at any day care provider in which the Child may be
enrolled. The Mother shall authorize the Child's day care provider, if
any, to list the Father as an emergency cont~ct.
3. The Mother shall have primary physical custody of the Child.
4. The Father shall have partial phy~ical custody of the Child in
accordance with the following schedule:
A. Ql every Monday, Tuesday and Thursday from 9:00 a.m. until
4:00 p.m.
B. !XI alternating'weekends from Saturday at 9:00 a.m. through
Monday at 4:00 p.m.
5. The parties ehall ehare having custody of the Child over holidaya
as follows:
A. The holiday schedule takes predenoe over the regular custody
schedule.
B. Father ehall have Father's Day from 9:00 a.m. until 9:00 p.ln.
Mother shall have Mother's D&y from 9:00 a.m. until 9:00 p.m.
C. Mother and Father shall alternate the following holidays fran
9:00 a.m. until 9:00 p.m.: Easter, Memorial Day, Independence
Day, Labor Day and 'l1lank8giving. Mother shall have Memorial
Day in 1999.
L1. Ttle Chriatmaa holiday shall be divided into 2 blOCks which
ahall be alternated by the parties each yur. Blook ^ is frolll
December 24 at noon until Deeeniler 25 lit noon. Block n ia
frClTl DeCember 25 at noon until Deoember 26 at noon. Father
ahall have BlOCk A in 1999.
E. Il:ach party shall have the right to a four hour ouetody period
or'l the Child's birthday at tillMlllll to be agreed upon upon by the
parties.
/1'. Each party ahall have the right to a four hour c:uatody period
on that party's birthday at times to be agreed Upon by the
pIlrti.. .
6. ElIch party shall have twCJ weeks of unint:et'rupted vaclltion time
with the Child which may be exerciSed fran the beginning of May through the
. end of Beptentler eaoh year. The parties shall gi va each other at least
thirty daYI! advance notice aa to when this two week periOd of uninterrupted
cuatOdy Bhall take place. Each party shall provide the other with the
addreu and telephone nurrber where the Child will be staying during the
vaoat:ion period scheduled under this I;%ovision.
7. Neither party "h&1l remove the Child fran Cl.IlTIberland County for an
overnight period or longer without firat notifying the other parent and
providing an address and telephona OI.lll>er where the parent or Child can be
reached in the event of an emergency.
8. AIo long as the Mother remains unemployed, the Mother shall be
re.ponsible to pz:ovide transportation for all exchanges of custody to and
from the Father's residence. In the event the Mother becomea employed, the
party recei,ving custody of the Child shall be responsible to provide
transportation for the exchange of custody, unless otherwise agreed upon by
the partie13.
9. 'l11e partitlS shall keep each other infOrmed of any changes in
address or telephone number.
10. The parties 8hall inform -aach. otharoL any medical emergench,/!
occurring while the Child is in that parent's care.
11. If either party requires care for the ChUd for a two hour period
Ot' longer during hi/! or her period of ouatody, that party shall firet
contact the other party to offer the opportunity for that party to pz:ovide
the care before contacting third party babysitters. '
12. Unless otherwise agreed by the parties, the parties shall ensure
that the Child is in bed by 9:00 p.m.
13. Neither party shall leave the ChUd unattended during hie or her
period of custody.
14. '111is Ot'der 18 wltered pursuant to an agreement of the parties at a
CUatOdy Conciliation Conference. The tetTll8 of this Order lIlIy be modified by
lIlltual agreement of the parties. In the absence of III.Itual agrHmlnt, the
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CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing MOTION FOR CONTINUANCE was
served on the following persons by First-class mull. postage prepuid. by forwurdlng a true and
cOITect eopy unto:
DavId Greene, Esq,
28 South Pitt Street
Carlisle PA 17013
Dale _Jl-4!4J.J/O ciJ
WO~'M'IJelluII\lOJ'MMM
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Plalntlff/Petltloner : CUMBERlAND COUNTY, I)ENNSYLVANIA
'1/,
: NO. 98.2207
CIVIL TERM
REBECCA GALLAGHER,
Defendant/Respondent: IN CUSTODY
PREHEARING MEMORANDUM
Brief summary of the facts:
I. Plaintiff is thc natura! tllthcr of Nathanicl Chrislopher Gallaghcr. horn 9/16/97,
2, Dclendant is thc naturul mother of Nathan.
3, Thc parcnts share Icgal custody of the child,
4, Mothcr has primary physical cllstody of Nathan, whilc Futhcr enjoys pcriods of partiul
custody as follows:
a. Evcry Monday through Friday ti'om 6:30 AM to 4:00 PM,
b, Altcrnating weckends from Sunday at 12:00 noon to Tuesduy at 4:00 PM.
5, Nathun is involVlJd in an early education program.
6. Fathcr rcsidcs in Cumbcrland County IInd can offcr thc child a consislcnttrunsition wilh
his cducation program into school.
7, Mothcr rcccntly movcd out of the county which would rcquire grcat ehangc whcn Nathan
enters school.
8, Father's work sl;hcdule permits him to hc home with Nathan during thc day.
9, Father is requC!.ting thut hc be granted custody ofthl] child Irom6:30 AM on Monday
mOl11ings until 4:30 PM on Friday at\crnoons.
10, Mother would thcn have custody cvcry weekend to include long weekcnds liS they occur,
Anticipated length of hearing: one half day
Witnesses:
I. SClln Fleeger
2, Representative from Nuthun's cducation program to provide inlormation on the
consistency of progression into Cumberland County bused sehool and its benefit to thc
ehild,
~cct~li&-
~ Dore;r.. """,,,
ee: KlIrl E. Rominger, Esquirc
...
. A, On every Monduy through Friduy ti'OI11 6:30 U,I11, to 4:00 p,m,
13, Onuhel'l1uting weekends !i'OI11 Sunduy ut12:00 Noon to Tuesduy ut
4:00 p,l11, This ultel'l\utlng weekend schedule shull begin when
Futher's previous weekend schedule would huw,
6, The purties shull shure physicul custody of the child uver the holiduys us
follows:
A, The holiduy schedule takes precedence over the regulur custody schedule,
B, Futher shall huve Father's Day Irol11 9:00 u,m, to 9:00 p,m. Mother shall
have Mother's Day from 9:00 U,I11. to 9:00 p,m.
C, Mother and Futher shall altel'l\ute the following holiduys Irom 9:00 u,m, to
9:00 p,m,: Thunksglving, Easter, Memorial Day, Independence Duy, and
Labor Day, Futher shull have Thunksgiving in 2001.
0, The Christmas holiday shall be divided into 2 Blocks which shall be
alternated by the parties each yeur, Blo,'k A is from December 24 ut noon
until December 25 ut noon, Block B is from December 25 ut noon to
December 26 <It noon. Futher shull huve Block A in odd numbered years
and Block B in even llumbered years, Mother shull have Block A in even
numbered years and Block B in odd numbered years,
E. Each party shall huve the righlto a four hour custody period on the Child's
birthday at times to be agreed upon by the parties,
F, Each party shall have the right to a fom hour custody period on thut
purty's birthday at times to be agreed upon by the parties,
7, Each party shall have two weeks of uninterrupted vucatlon time with the child
which may be exercised from the beginning of May through the end of September each
year until the child starts schoolut which time it shall occur from when school vacalion
begins to when school resumes, The parties shall give each other at least thirty (30) days
advance nolice us to when this two week period of uninterrupted custody shall take place,
Each party shall provide the other with the address and telephone number where the
Child will be staying during the vacation pcriod scheduled under this provision.
g, Trunsportation shull be shured such thutthe receiving party shall transport
the Child. Mother shali meet Futher in Dillsburg for Father to pick up the child, Mother
is to pick up the child ut Father's resdience,
9, The purtlcs shuli keep euch other informed of uny changes in address or
telephone number,
10, The parties shall keep euch other advised immediately rclative to any
emcrgcncies, mcdical or otherwise, concerning the Child. During such illness or medical
emergency, euch party shull have the right to visit the Child us often as he/she deems
consistent with the proper medicul cure of the Child,
SEAN FLEEGER,
Plaintiff
:IN nm COURT OF COMMON PLEAS OF
: ClIMHERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION . LAW
V.
REBECCA GALLAGHER,
Defendant
NO. 1998,2207 CIVIL TERM
IN CllSTODY
PRIOR .JUDGE: J. Wesley Oler, Jt-., J.
CUSTOI)Y CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915,3,8, the undersigned Custody Conciliutor submits the following
repor1:
I. The pertinent informution concerning the Child who is the subject of this
litigation is us follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Nathaniel Christopher Gallugher
September 16, 1997
Mother
2. A Conciliation Conference was held on October 17,2001 with the
following individuuls in attendance: The Father, Scan Fleeger, with his counsel, Lindsay
Dare Baird, Esquire, and the Mother, Rebeccu Gallagher, with her counsel, Karl E,
Rominger, Esquire,
3, Prior Orders of Court were entered by the Honorable J. Wesley Oler, Jr"
dated August 3,1999, October 29,1999 and Septembel' 4,2001, providing for shared
legal custody, Mother having primary physieul custody and Futher having physical
custody on alternuting weekends und every weekday from 6:00 a.m, to 4:00 p,m., and
denying Futher Petition for Emel'gency Special Reliet:
4, Futher's position on custody is as follows: Father is seeking primary
physical custody and proposes Mother having partial physical custody every weekend.
He only works on weekt~ll(ls and is available for the child during the week. Father is
concerned because Mothel' has moved seven (7) times over the last foul' years and is
planning another move in Murch once she mU1'1'ics,
5. Mother's position on custody is us follows: Mother secks primary physical
custody and only nlternating weekends for Father, Mother believes due to the child's
behavioral problems, he should entcr a daycare program instead of going with Father
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 98- .J:Jo 'l CIVIL TERM
CIVIL ACTION. CUSTODY
I
1
;
I
SEAN FLEEGER,
Plaintiff
REBECCA GALLAGHER,
Defendant
ORDER OF COURT
.
AND NOW, this -.1t.rl- day of April, 199B, upon consideration of the
Petitioner for Special Relief, a hearing Is scheduled for the :x rlJ day of G.jQ A ; t.,
199B, at /;': 30 o'clock l( ..m, In Courtroom No. / of the Cumberland
County Courthouse, Carlisle, Pennsylvania, at which time the Court will make a
decl,lon re~rdlng the parties' custody schedule pending a conciliation conference.
S .tlt p .a.Jl/C' s ~ rc.
~1!l!",&neleAt Ie enjoined from removing the child from the Commonwealth absent
leave of Court.
BY THE COURT,
. ~,,~r;(!
J.
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98. 7..' ( , ? CIVIL TERM
CIVIL ACTION. CUSTODY
SEAN FLEEGER,
Plaintiff
REBECCA GALLAGHER,
Defendant
QRDER OF COURT
,,' /1. I
AND NOW, this;.. f:. day of III) I,' , 1998, the following Custody
Order Is entered pursuant to the parties' stipulation:
1. Sean Fleeger, hereinafter referred to as "Father" and Rebecca Gallagher,
hereinafter referred to as "Mother", are the natural parents of Nathaniel Gallagher,
bom September 16, 1997,
2. Mother and Father shall have shared legal custody
3. Mother shall have primary physical custody of the child.
4. Father shall have periods of partial custody as follows:
a. Every other weekend from Friday at 6:oop,m, through Sunday at
6:00p.m., commencing with the first weekend following the signing of this
Stipulation,
b. Every other Wednesday evening from 6:00p,m. until 9:oop,m.,
commencing with Wednesday, May 13, 1998.
5, Holidays will be shared by the parties as follows:
a, The holiday schedule takes precedence over the regular oustody
schedule,
"
b, Father shall have Father's Day from 9:00a.m, untIl9:oop,m,
Mother shall have Mother's Day from 9:ooa,m, until 9:oop,m,
0, Mother and Father shall alternate the following holidays from
9:00a.m, urttIl9:00p,m.: Easter, Memorial Day, Independenoe Day, Labor Day
& Thanksgiving, Father shall have Memorial Day In 199B.
d, The Christmas holiday shall be divided into 2 blooks whloh shall
be alternated by the parties eaoh year, Blook A is from December 24 at noon
until December 25 at noon, Block B Is from December 25 at noon until
December 26 at noon, Mother shall have Block A In 1998,
6, Each party shall have the right to a four hour custody period on the
ohlld's birthday at times to be agreed upon by the parties.
7, Each party shall have two weeks of uninterrupted vaoatlon time with the
ohlld whloh may be exercised during the child's summer vacation from sohool. The
parties shall give eaoh other at least thirty (30)days notice as to when this two week
period of uninterrupted custody shall take plaoe,
8. Neither party shall leave the Commonwealth of Pennsylvania with the
ohlld without notifying the other parent and providing an address and telephone
number where the parent or child can be reaohed In the event of an emergenoy.
9, The party exercising his or her period of oustody shall be responsible for
ploklng up the ohlld at the other party's residence, unless otherwise agreed upon by
the parties.
10. Mother and Father shall keep eaoh other Informed of any ohanges In
address or telephone number,
b, Father shall have Father's Day from 9:ooa,m, until 9:00p.m,
Mother shall have Mother's Day from 9:ooa,m, until 9:00p.m,
0, Mother and Father shall alternate the following holidays from
9:00a.m, until 9:oop,m,: Easter, Memorial Day, Independenoe Day, Labor Day
& Thanksgiving, Father shall have Memorial Day in 199B,
d, The Christmas holiday shall be divided Into 2 blooks whloh shall
be alternated by the parties eaoh year, Blook A Is from December 24 at noon
until December 25 at noon. Blook B Is from December 25 at noon until
December 26 at noon, Mother shall have Block A In 1998,
6. Eaoh party shall have the right to a four hour custody period on the
ohlld's birthday at times to be agreed upon by the parties.
7, Each party shall have two weeks of uninterrupted vacation time with the
ohlld which may be exercised during the ohlld's summer vacation from school. The
parties shall give each other at least thirty (30)days notioe as to when this two week
period of uninterrupted custOdy shall take place.
B, Neither party shall leave the Commonwealth of Pennsylvania with the
ohlld without notifying the other parent and providing an address and telephone
number where the parent or ohlld can be rea(Jhed in the event of an emergenoy.
9, The party exercising his or her period of oustody shall be responsible for
picking up the ohlld at the other party's residence, unless otherwise agreed upon by
the parties.
10, Mother and Father shall keep eaoh other Informed of any ohanges In
address or telephone number,
I
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: IN THE COURT OF COMMON PLEAS
: CUMBER~ND COUNlY, PENNSYLVANIA
NO, 98-) .J.. / CIVIL TERM
CIVIL ACTION. CUSTODY
SEAN FLEEGER,
Plaintiff
REBECCA GALLAGHER,
Defendant
ORDER Of. COUAT
AND NOW, this ~:Jt) day of April, 1998, upon consideration of the attached
Complaint, It Is horeby directed that the parties and their respective counsel appear
before _ rl 'V..J-\ ,S, . ~'\ \\fb..-'\ ,Esquire, the conciliator, at
3J \). (.t\\r\'J.\ 'I \~r(\\I)\c')h ~(} ()/\ on the c)b day of -1~,
1998, at.i\~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: C.[\(0.l \ \f'\ s!)
Custody Conciliator
<J}l~~
1\)..:-';') (.. '
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 offloe, 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 ~WYER 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
t
,<
SEAN FLEEGER,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98- ,) h 7 CIVIL TERM
REBECCA GALLAGHER,
Defendant
CIVIL ACTION - CUSTODY
COMPLAINT FOR CUSTOQY
1, Plaintiff is Sean Fleeger, an adult individual whose residence Is at 168
Virginia Avenue, Carlisle, Cumberland County, Pennsylvania,
2, Defendant is Rebecca Gallagher, an adult Individual whose residence Is
at 50 Wedgewood Drive, Carlisle, Cumberland County, Pennsylvania,
3. Plaintiff seeks custody of his child, Nathaniel Gallagher, born September
16, 1997, and currently residing at 50 Wedgewood Drive, Carlisle, Cumberland
County, Pennsylvania,
4, The child was born out of wedlock.
5, The child is presently in the custody of Defendant.
6. Since the child's birth, the child has resided with the following people:
Name
Address
335 North East Street
Carlisle, PA
~
Defendant, Lyda Gallagher
(Defendant's mother)
Veronica Gallagher
(Defendant's sister)
Defendant, Christopher 50 Wedgewood DriVEl
RiChcreek, (Defendant's Carlisle, PA
boyfriend), Ronald & Deborah
Richcreek, (boyfriend's parents)
JessE! Richcreek, (boyfriend's sister)
Birth to
Maroh, 1998
March, 1998 to
Present
,
...
"
7. The natural father of the child Is Sean Fleeger, He Is unmarried,
8. The natural mother of the child Is Rebecca Gallagher, She Is unmarried.
9, The Plaintiff has not participated as a party or In any other capacity, In
other litigation concerning the custody of the child In this or any other court,
However, Plaintiff has flied a Petition for Special Relief simultaneously with this
Custody complaint.
10, Plaintiff has no Information of a custody proceeding concerning the child
pending In a court of this Commonwealth,
11 , Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the child have been named as parties to
this action. No other persons are known to have or claim to have any right to
custody or visitation of the child other than the parties to thla action.
12, The best Interests and permanent welfare of the child will be served by
granting the relief requested because the an underlying polley of custody law Is to
maximize the child's contact with both parents.
WHEREFORE, Plaintiff requests your Honorable Court to grant Plaintiff
reasonable periods of partial custody, with shared legal custody In the parties.
Respectfully submitted,
TURO LAW OFFICES
n- A.ft': I Cf8
Date
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Matt McClenahen, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attomey for Plaintiff
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SEAN FLEEGER,
.Plaintiff
: IN THE COURT or' COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98.2207 CIVIL TERM
CIVIL ACTION. CUSTODY
v,
REBECCA GALLAGHER,
Defendant
AFFIDAVIT OF $ERVIQg
I HEREBY CERTIFY THAT I served a certified copy of the Custody Complaint
flied In the above captioned case upon Rebecca Gallagher, by certified mall, return
receipt requested on April 21, 1998 addressed to:
Rebecca Gallagher
50 Wedgewood Drive
Carlisle, PA 17013
and did thereafter receive same as avldenced by tho attached Post Office receipt card
dated April 22, 1998.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF
SER\~CE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA,C.S, SECTION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIES,
TURO LAW OFFICES
'2- ~ ftrr \ '18
Date
,\ \0\ H (Vt (( U--t.. c, 1
Matt McClenahan, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
SEAN FLEEGER.
Plnlntlff
:. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLV ANIA
v.
NO, 91<.2207 CIVIL TERM
REBECCA GALLAGHER.
Defendant
CIVIL ACTION - CUSTODY
('~T1TJON FOR CONTEMPT
AND NOW. comes Defemhu1t. Rebecca Gallllgher. by her lIttomeys. Martson Deardorff Williams
& Otto. and avers as follows in SUPPOlt of this Petition:
I. Father is an adult individual residing at 166 Virginia Avenue. Cnrlisle. Cumberllll1d
Coul11Y. f'ennsylvllnia,
2. Mother is <lI1 mlult individual residing lit 50 Wedgewood Drive. ClIrlisle. Cumberhmd
County. Pennsylvlll1ia.
3, A Custody Order wa~ issued by the Cumberland County Court on April 21<. 199R. which
is still in full force lUlll effect, A copy is attached hereto lmd mnrked Exhibit" A".
4. ThL~ CustrKly Order was dl'llfted by lIgreement of the parties lmd their respective counsel
lII1d was presented to the Court for apprnval at a hearing on Plaintiffs petition for special relief.
5, The Court immediately approved this Order at the henring.
6. Since thL~ Order went il110 effect. the Defendlll1t. Rebecca Gallagher. ha~ strictly adhered
to the terms of the Custody Order.
7. Since this Order went into effect. the Plaintiff. Sean Fleeger. has repelltedly and wilfully
violated the terms of the Custody Order as follows:
a. On or about July 24. 1991<. PllIintiff Selll1 Fleeger did intentionally leave Nathaniel
Gallagher alone with Lyda Gallagher during a period of partial custody in violation of pnragraph
J 4 of the Cusl<Kly Order:
b, On or about August 13. 199R. Plaintiff Sean Fleeger did fail to pick up Nathlll1iel
Gallagher at 9:lKl lI,m. as agreed by the parties for a period of uninterrupted vacnt\on time in
violation of Paragl'llph 7 of the CustlKly Order:
c, On 01' ubout August 17, 19911, Plulntiff SemI Pleeger did Intentionlllly leuve the
Commonwealth of Pennsylvluliu with Nllthllniel Oullugher without notifying Defendwlt Rebeccu
Oullugher und without pl'llviding wluddress lUlll telephone numbc,r where he could be reuched in
violution on PUl'llgraph X of the Custl~ly Order:
d. Since April2X, 199X, Plaintiff SelUl Fleegcr has negligently IUld recklessly l'ared
for Nathludel Gallagher during hi~ perhls Ill' partial CUShKly causing harm to the health of the child
and has failcd to notify Defemhlllt Rebecca Gallagher of the resultiog se,r/ous medical pl'llblems
in violation of Pamgraph 12 of the CustlKly Order.
X, Pluintlff SeWl Fleegcr has intentionally, wilfully, negligently, lUlllrecklessly violated the
terms of the Custody Order, Exhibit" A",
WHEREFORE, DefemhUlt Rebecca Gallagher respectfully requests that this Court hold Plaintiff
Sean Fleeger in contempt lllld to impose the following penalties:
I. Reimbursement to Defendant Rebecca Oallllgher for her expenses, including counsel fees,
in enforcing the Ordel';
2. Modification of the Custody Order to prevent PllIintiff Sellll Fleeger from hllving overnight
visi!atinn rights to Nathaniel Gallagher unless agreed to by the parties;
3. A Wumhlg to SelUl Fleeger that further violation of the CustlKly Order will result in a fine
or other punishment; lUlll
4, Such other and further relief liS the Court may deem just and proper under the
cirCltmSlllllces,
Date: August 21, 1998
Respectfully submitted,
MA~:rrCR~r Wn.LL<MS & arro
By , ~ ~Q
Carl C, Risch, Esquire
I, D. No. 75901
Ten Ba.~t High Street
Carlisle, PA 17013-3093
(717) 243,3341
Attorneys/or Defendant
SEAN FLEEGER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98. Z2.o 7 CIVIL TERM
CIVIL ACTION. CUSTODY
REBECCA GALLAGHER,
Defendant
QflD~A OF COUAI
AND NOW, this :L~f~ay of -1l..p r,' I ,1998, the following Custody
Order Is entered pursuant to the parties' stipulation:
1. Sean Fleeger, hereinafter referred to as "Father" and Rebecca Gallagher,
hereinafter referred to as "Mother', are the natural parents of Nathaniel Gallagher,
bom September 16, 1997.
2. Mother and Father shall have shared legal oustody
3. Mother shall have primary physical custody of the ohlld.
4. Father shall have per/ods of part/al oustody as follows:
a, Every other weekend from Friday at 6:00p.m. through Sunday at
6:00p.m., commenCing with the first weekend following the signing of this
Stipulation, ,
b. Every other Wednesday evening from 6:00p.m. until 9:00p.m.,
oommenolng with Wednesday, May 13, 1998,
6. HOlidays will be shared by the parties as follows:
a. The holiday schedule takes precedence over the regular custody
schedule.
b. Father shall have Father's Day from 9:00a.m. until 9:00p.m.
Mother shall hElve Mother's Day from 9:00a.m. until 9:00p.m.
0, Mother and Father shall alternate the following holidays from
9:ooa,m. until 9:00p.m,; Easter, Memorial Day, Independence Day, Labor Day
& Thanksgiving. Father shall have Memorial Day In 1998.
d. The Christmas holiday shall be divided Into 2 blocks whloh shall
be altemated by the parties each year. Blook A is from December 24 at noon
until December 25 at noon. Blook B Is from December 25 at noon until
December 26 at noon. Mother shall have Blook A In 1998.
6. Eaoh party shall have the right to a four hour oustody period on the
ohlld's birthday at times to be agreed upon by the parties.
7. Eaoh party shall have two weeks of uninterrupted vacation time with the
ohlld whloh may be exercised dUring the ohlld's summer vaoatlon from school. The
parties shall give each other at least thirty (30)days notloe as to when this two week
period of uninterrupted oustody shall take plaoe,
8. Neither party shall leave the Commonwealth of Pennsylvania with the
ohlld without notifying the other parent and providing an address and telephone
number where the parent or ohlld oan be reached In the event of an emergenoy.
9. The party exerolslng his or her period of oustody shall be responsible for
ploking up the ohlld at the other party's residence, unless otherwise agreed upon by
the parties.
10. Mother and Father shall keep each other Informed of any ohanges In
address or telephone number.
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-220" CIVIL TERM
: CIVIL ACTION - CUSTODY
SEAN FLEEGER,
Plaintiff
REBECCA GALLAGHER,
Defendant
ORDER OF COURT
AND NOW, this (~<6 day of January, 1999, upon consideration of the
attached Complaint, It Is hereby directed that the parties and their respective counsel
appear before \:'~io),.(" ,to,S, <;, 1 V\O''''\. ,Esq" . the Conciliator, ,at
1B \.), \-\C\\\\ ~')\ '; MnhNI \h-l r.rIt' on the, () day of .~~,
1999, at \ \" OCl(\M" for a Pre-Hearing CiJslody Conference. At such conference, an
effort will be made to resolve Ihe issues in dispute; or if this ('.annol 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
tempora.ry or permanent order.
FOR THE COURT,
By: (~2f..\\)I\. J'J )m\~
Custody Conciliator c.rl'~
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 APFORD 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
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SEAN FLEEGER,
Plaintiff
vs.
IN THE COURT OF COOMON PLF.AS OF
CUMBERLAND COtJN'!'Y, pENNSYLVANIA
I NO. 98-2207 CIVIL TERM
REBECCA GALt.AOHER,
Defendant
I CIVIL ACTION - LAW
I IN CUSTODY
CIUlIlR OF CXXlRT
AND 1Df, this (b tt day of llllv- ,'I , 1999, upon
coneideration of the attached Custody ~~t;-n is ordered
and directed aa follows:
1. The prior Orders of this Court dated April 28, 1998 and September
24, 1998 are vacated and replaCed with this Order.
2. The Father, Sean Fleeger, and the Mother, Rebecca Gallagher, shall
have shared legal custody of Nathaniel Gallagher, born September 16, 1997.
The Mother shall make a reasonable effort to notify the Father of the
Child'e medical appointments in advance. The Father shall have acceee to
all the Child's medical records and information and the Mother shall
cooperate in making the records or copies thereof available to the Father.
The Father ehall have access to all the Child's records lit the day care
provider. The Mother shall authorize the day care provider to list the
pather as an emergency contact.
3. The Mother shall have primary physical custody of the Child.
4. The b'ather shall have partial physical custody of the Child in
accordance with the following schedule which shall be effective beginning
April 19, 1999:
A. Q1 three weekdays per week from 9:00 a.m. until the Mother
picks up the Child after work. The three days shall be
selected by agreement of the parties to coincide with the days
the Child is not attending day care.
B. Q1 alternating weekends from Saturday at 9:00 a.m. through
Monday morning when the Father shall take the Child to day
care or, if the Child is not attending day care, until the
Mother picks the Child up after work.
5. Holidays will be shared by the parties as follows:
A. The holiday echedule takes precedence over the regular custody
schedule.
B. Father shall have Father's Day from 9:00 a.m. until 9:00 p.m.
Mother shall have Mother's Day from 9:00 a.m. until 9:00 p.m.
C. Mother and Father shall alternate the following holidays from
. ,
9:00 a.m. until 9:00 p.m.: Easter, Memorial Day, Independence
day, Labor Day & 'l'hanksgiving. Mother shall have Memorial Day
in 1999.
. D. The Christmas holiday shall be divided into 2 blocks which
shall be alternated by the parties each year. Block A is from
December 24 at noon until Decelltler 25 at noon. Block B is
from December 25 at noon until December 26 at noon. Father
shall have Block A in 1999.
E. Each party shall have the right to a four hour custody period
on the Child's birthday at times to be agreed lIpon by the
parties.
F. Each party shall have the right to a four hour custody period
on that party's birthday at times to be agreed upon by the
parties.
6. Each par'ty shall have two weeks of uninterrupted vacation time
with the Child which may be exercised during the Child's SlllTl1lElr vacation
,fr:orn school. The parties shall give each other at least thirty days
advance notice as to when this two week period of uninterrupted custody
shall take place. Each party shall provide the other with the address and
telephone number where the Child will be staying during the vacation period
scheduled under this provision.
7. Neither party shall remove the Child from Cumberland county for an
overnight period or longer without first notifying the other parent and
pt'oviding an address and telephone number where the parent or Child can be
reached in the event of an emergency.
8. The party receiving custody of the Child shall be responsible tp
provide transportation for the exchange of custody, unless otherwise agreed
upon by the parties.
9. The parties shall keep each other infOrmed of any changes in
address or telephone number.
10. The parties shall inform each other of any med~cal emergencies
occurring while the Child is in that parent's care.
11. If either party requires care for the r~ild for an extended period
of time during his or her period of custody, that party shall first contact
the other party to offer the opportunity for that party to provide the care
before contacting third party babysitters.
12. Unless otherwise agreed by the parties, the parties shall ensure
that the Child is in bed by 9:00 p.m.
13. Neither party shall leave the Child unattended during his or her
period of custody.
14. After following the custody schedule set forth in this Order for a
period of at least three months, either party may contact the Conciliator
4
SEAN FLEEGER,
Plaintiff
IN THE COURT OF COOMON PLEAS OF
CUMBERLAND CClUNTY, PENNSYLVANIA
VB.
I
I NO. 98-.2207 CIVIL 'l'ERM
I
REBECCA GALLAGHF~,
Defendant
CIVIL AC'l'ION - LAW
IN CUSTODY
PRIOR JIJDGB: J. WeBley Oler, Jr.
CUS'lOOY CXH:ILIATlOO stHIARY REPORT
IN AcxnmANCE wrm <nlBERLAND <XlNl'Y RULE OF CML PR<x:mlRE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent informati~~n concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
~y IN CUS'l'OOY OF
Nathaniel Gallagher
September 16, 1997
Mother
2. A Conciliation Conference was held on April 7, 1999, with the
following individuals in attendance: The Father, Sean Fleeger, with his
counsel, Ron Turo, Esquire, and the Mother, Rebecca Gallagher, with her
counsel, Joan Carey, Esquire and Paula Burkett.
3. The parties agree to entry of an Order in the form as attached.
Dai~J fl /99 J?
~~ot
Dawn S. Sunday, Esquire ~
Custody Conciliator
SEAN FLEEGER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 98-2207 CIVil TERM
: CIVIL ACTION - CUSTODY
REBECCA GALLAGHER,
Defendant
QRD.EBJ2.E COUR!
AND NOW, this -.d'-\ _ day of \.^.r~'\ , 1999, upon consideration
, \
of the attached Complaint, It Is hereby directed that the parties and their respective
counsel appea~ before t.11v..X\ ;'),::).j'\(~~____, Esq" the Conciliator, at
39 \J . \-'\0..\\\ ~)\ . \ '~\\'\ (~ \ )/\ _ on the ;J {) day of ~ LWe ,
1999, at --1.LtLQ.J.M., for a Pre-Hear ng 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,
\' ~.)
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.
By: ~\Oh\'0--..<b.
Custody Conciliator
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
SEAN FLEEGER,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-2207 CIVIL TERM
: CIVIL ACTION - CUSTODY
REBECCA GALLAGHER,
Defendant
1. The above-captioned parties are the mother and father of the child
Nathaniel Gallagher born September 16, 1997,
2, The parties entered an Agreement following a custody conciliation
conference, which was entered as an Order of Court dated April 16, '1999. A copy of
the Court's Order is attached hereto,
3. In paragraph 2 of the Order of Court the mother must notify the father of
the child's medical appointments In advance, One at least two occasions, if not more,
the child had medical appointments and the mother failed to notify the father.
4, In provision 4A the child would remain with the father for 3 days during the
week from 9:00a.m, "until the mother picks up the child after work",
5. The mother has contlnuoL/sly violated this provision by attempting to pick
up the child, take the child to her mother, and then return to work thereby frustrating the
ongoing partial custody of the father and in violation of the Court Order.
6, Paragraph number 11 of the Order requires the mother to notify the father
when she needs care for the child for an extended period of time, which the father
Interprets as more than one hour. Mother has continuously violated this provision by
allowing her mother to watch the child even though father Is ready, willing and available
to care for the child,
7, The father desires a change In the agreement which would give him
primary physical custody as the mother continues to thwart any attempts by the father to
have reasonable, ongoing and regular contact with the child,
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SEAN FLI!:EGER,
plaintiff
IN THE COURT OF ca-lMOO PLEAS OF
CUMBERLAND CQ(JN'l'Y, PENNSYLVANIA
vs.
: NO. 98-2207 CIVIL TERM
CIVIL ACTION - LAW
REBECCA GALLAGHER,
Defendant
.
..
I IN CUSTODY
<IUlBR OF <DlR'r
AND !Of, this 2. "I t~ day of St - t; ~ 4 cr , 1998, upon
consideration of the at~Custody conciliaffo~ Report, it is ordered
and directed as follows:
1. The prior Order of this Court dated April 28, 1998 shall continue
in effect with the following modifications and additionfl.
2. Paragraph 11 of the April 28, 1998 custody Order shall be modified
to state as follows: The maternal grandmother, Lyr.la Gallagher shall have
no contact with the Child except in the presence of either the Mother or
the P'ather.
3. Unless otherwise agreed by the parties, the Father shall ensure
that the Child is in bed by 9:00 p.m. during the Father's overnight periods
of custody with the Child.
4. Neither party shall leave the Chiltl unattended or alone during his
or her periods of custody.
5. The Mother shall make a reasonable effort to notify the Father of
the Child's medical appointments in advance. The Father shall have access
to all the Child's medical records and information and the Mother shall
cooperate in making the records or copies thereof available to the Fath~r.
6. Neither party shall remove the Child from Cumberland County for an
overnight period or longer without first providing in advance to the other
party the address and telephOne number where the Child will be located.
7. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The terms of this Order I1I3Y be modified
by mutual agreement of the parties. In the absence of mutual agreement,
the terms of this Order shall control.
BY THE COURT,
J
J.
co: Carl C. Risch, Esquire - Counsel for Mother '~ q/.:I.&/If,'
Ron A. Turo, Esquire - Counsel for Father - Qu If' . .u .OJ. . "f,
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D. The Christmas holiday shall be divided into 2 blocks whioh
shall be alternated by the parties each year. Block A is from
December 24 at noon until Deoenber. 25 at noon. Block B is
fran Deoember 25 at noon until Deoember 26 at noon. Father
shall have Block A in 1999.
E. Eaoh party shall have the right to a four hour oustody pedod
on the Child's birthday at times to be agreed upon upon by the
parties.
F. Eaoh party shall have the right to a four hour oustody period
on that party's birthday at times to be agreed Upon by the
parties.
6. Each party shall have two weeks of uninterrupted vacation time
with the Child which may be exercised from the beginning of May through the
end of September each year. The parties shall give each other at least
thirty days advance notice as to when this two week perioa of uninterrupted
oustody shall take place. Each party shall provide the other with the
address and telephone number where the Child will be staying during the
vacation period scheduled under this provision.
7. Neither party shall remove the Child fran CUmberland County for an
overnight period or longer without first notifying the other parent and
providing an address and telephone number where the parent or Child can be
reached in the event of an emergency.
8. As long as the Mother remains unemployed, the Mother shall be
responsible to provide transportation for all exchanges of custody to and
fran the Father's residence. In the event the Mother beoomes employed, the
party reoeiving custody of the Child shall be responsible to provide
transportation for the exohange of custody, unless otherwise agreed upon by
the parties.
9. the parties shall keep each other infOrmed of any changes in
address or telephone number.
10. The parties shall inform each other of any medical emergencies
occurring while the Child is in that parent's oare.
11. If either party requires care for the Child for a two hour period
or longer during his or her period of custody, that party shall first
contact the other party to offer the opportunity for that party to provide
the care before contacting third party babysitters.
12. Unless otherwise agreed by the parties, the parties shall ensure
that the Child is in bed by 9:00 p.m.
13. Neither party shall leave the Child unattended during his or her
period of custody.
14. this Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conferenoe. The terms of this Order may be modified by
mutual agreement of the parties. In the absence of mutual agreement, the
SEAN FLEEGER,
PllIintitl.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANIA
v,
: NO, 98-2207 CIVIL TERM
: CIVIL ACTION - LAW
REBECCA GALLAGHER,
Defendant
: IN CUSTODY
PRAECIPE TO WITHDRAW APPEARANCE llnd
PRAECIPE TO ENTER API)EARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as counsel of record for the above-captioned Defendant.
Respectfully submitted,
Dated:
pi
Of-tt--.J ~-~
t1}oim Carey, Esquire t/
8 Irvine Row
Carlisle PA 17013
,1999
TO THE PROTHONOTARY:
Please enter my appearance as counsel of record for the above-captioned Defendant.
Respectfully submitted,
Dated: . 7/21 t 1999
yr,
'i,-'
V(
'I"';'
,
SEAN FLEEGER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 98-2207 CIVIL TERM
: CIVIL ACTION - CUSTODY
REBECCA GALLAGHER,
Defendant
fElJ.IIQH
1, The above parties are the mother and father of a minor child, Nathaniel
Gallagher, born September 16, 1997.
2. The current Order entered by the Court Is dated August 3, 1999, A copy
of the Order Is altached hereto.
3, The history of this case Is a contentious one wherein the Defendant
mother has repeatedly violated various Orders entered by the Court and have resulted
in the father filing Petition for Contempt on several ocqaslons, The docket is replete
with the various petitions that have been filed primarily based on the 'ongoing behavior
of mother, which thereafter resulted In an amended Order of Court,
4. The parties last appeared before the Conciliator Dawn Sunday, Esquire,
on July 27, 1999 after the father was forced to file a Petition for Contempt and
Modification. The parties were able to reach an agreement which was entered as an
Order on August 3, 1999,
5. Thereafter counsel for the Plaintiff, by letter of August 12, 1999 set forth
the history of the relationship and the ongoing contemptuous behavior of the Defendant.
A copy of the lelter Is attached and made a part hereto.
6. Even after receiving this lelter, the Defendant did on or about, September
13 and September 14, 1999 refuse to provide the father access to the child at 9:00a,m,
as set forth In the Court Order and did apparently take the child to daycare without
notifying the father in direct violation of the Court Order.
7, The Defendant has demonstrated, through her continuous contemptuous
behavior of this Court's Order that she can not, and will not, comply with the same and
therefore her primary physical custody must now cease.
D. The Christmas holiday shall be divided into 2 blocks which
shall be alternated by the parties each year. Block A is from
December 24 at noon until December 25 at noon. Block B is
from December 25 at noon until December 26 at noon. Father
shall have BlOCk A in 1999.
E. Each party shall have the right to a four hour custody period
on the Child's birthday at times to be agreed upon upon by the
parties.
F. Ellch party shall have the right to a four hour custody period
on that party's birthday at times to be agreed upon by the
partios.
6. Each party shall have two weeks of uninterrupted vacation time
with the Child which may be exercised from the beginning of May through the
end of September each year. The parties shall give each other at least
thirty days advance notice as to when this two week period of uninte!:rupted
custody shall take place. Each party shaU provide the other with the
address and telephone number where the Child will be staying during the
vacation period scheduled under this provision.
7. Neither party shall remove the Child from Cumberland County for an
overnight period or longer wi thout first notifying the other parent and
providing an address and telephone numbol:' where the parent or Child can be
reached in the event of an emel:".Jenc:y.
8. As long as the Mother remains unemployed, the Mother shall be
responsible to provide transportation for all exchanges of custody to and
from the Father's residence. In the event the Mother becomes employed, the
party receiving C\lstody of the Child shall be responsible to provide
transportation for the exchange of custody, unless otherwise agreed upon by
the parties.
9. The parties shall keep each other informed of any changes in
address or telephone number.
10. The parties shall inform each other of any medical emergencies
occurring while the Child is in that parent's care.
11. If either party requires care for the Child for a two hour period
or longer during his or her period of custody, that party shall fir.9t
contact the other party to offer the opportunity for that party to provide
the care before contacting third party babysitters.
12. Unless otherwise agreed by the parties, the parties shall enaure
that the Child is in bed by 9:00 p.m.
13. Neither party shall leave the Child unattended during his or her
period of custody.
14. This Order is enter.ed pursuant to an agreement of the parties at a
Custody Conciliation Conference. The terms of this order may be modified by
mutual agreement of the parties. In the absence of mutual agreement, the
!.uro Law Offices
RON TURO, Esquire
ROBERT J, MULDERIG, Esquire
LISA M, GREASON, Esquire
DAVID A. GREENE, Esquire
32 South Bedford Streot
Carllslo, Ponnsylvanlo17013
(717) 245.9686
600 562.9778
Fax (717\245.2165
Aug\Jst12,1999
James J. Kayer, Esquire
Kayer & Brown
4 Liberty Avenue
Carlisle, PA 17013
RE: Fleeger v, Gallagher
. ~;./ ~ /fJy,c
lJ
Dear Jim:
I am writing as a follow-up to our discussions concerning the events that
occurred between the parties on August 10, 1999. As we discussed, In direct
contravention of the most recent Custody Order, your client failed to deliver the child to
Sean Fleeger as required. She blatantly refused to provide the child even when
confronted with the facts as to the Court Order and Indicated that she would continue to
refuse to abide by the Court Order as she pleased. This behavior will be no longer
tolerated.
Over the past year Mr, Fleeger has tolerated an ongoing escalation of Court
Order violations, We have had to petition for contempt on several occasions and he
has consistently abided by the Court Order while requesting additional time to spend
with his son, Her recent actions In falling to provide her new address, her new phone
number, as well as quitting her job has caused us serious concerns about her possible
flight risk, Moreover, these refusals, again, constitute violations of the Court Order.
I will accept, some degme, your statement that you and she mlscommunlcated
as to the meaning of the most recent Court Order. However, Ms. Gallagher is quite
aware of what her requirements are and consistently refuses to follow the same.
Please accept this letter as our absolute ultimatum in that a single violation of the
current Order, by Ms. Gallagher, at any time In the future will Immediately generate a
Petition for Contempt and a request for primary physical custody by Mr. Fleeger.
Moreover, the entire history of her contemptuous behavior will be brought before the
Court and I will be requesting legal fees for all the times I have had to deal with this
matter Including the most recent one. 1 am sure you will counsel your client accordingly
and that rlo further violations will occur, Please be advised, however, that Mr, Fleeger Is
quite serious In his feeling that this behavior must be brought before a Judge in order for
her to fully and totally understand her responsibilities under this Court Order. If she
chooses that course of conduct, so be It.
v
IN TIlE COURT OF COMMON PLEAS OF
CUMBlmLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
SIlAWN FI,II.I\(lIm,
11lnlntlt1'
1(E1lI\( 'CA ClAI ,I ,A( 1I11\({,
Ilelcndnnt
NO. 9K-2207 CIVIL
IN CUSTODY
1'1'101' ,Iudge: .I, W~'sh,'y Oler, .11',
~'ION CONt'I':IU:NCI~ SUMMARY REPORT
IN A('COIWANC'j! WITII Till': CUMBII.RI.AND COUNTY CIVIL RULE OF PROCEDURE
111l5J'K(hl, Ihe undersigned Custody Conciliator suhmits the following report:
I. The pertinent Infll\'lllation pertaining to the child who is the su~jeet of this litigation is as
Ihllows:
Nathaniel Oallagher, hol'll Septemher 16. 1997,
2. A Conciliation Conference was held on August 3, 2000, with the following individuals in
attendance:
Thc Father, Shawn Fleeger, with his counsel, David Greene, Esquire; the Mother, Rebecca
(lallaghcr, with hcr counsel, Jumes .I. Kuyer, Esquire; and the Maternal Grandmother, Lydu
Gallagher, with her counsel .lames Kayer.
3, This "use is hclhre thc Conciliutor on.l sepurate action filcd hy the Maternal Grandmother at
Docket No. 2000 - 4695 in which the Maternal Grandmother seeks partial physical custody,
Spcellit1Ully, tht' Muternul Grandmother is seeking custody with the minor child for a
tlmefrumc of August I i" to August 21 'I for purposes of taking the child on a vacation to
Ocean City, Maryland,
4. The history of this case is that the Maternal Grandmother gave written notice that she
wanted to take the child on vacation. This notice was given in early July. The Mother is
lInuhle to go on vacution hecause of her work schedule, The Father notified the Maternal
Grandmother thut he did not wunt the child going with her hecause he felt uncomfortable
with the child heing with the Muternul Grandmother for a long period of time. The
Muternul Clrundmother then tiled her own separate petition. The existing Custody Order
gives Mother two weeks of unintcrrupted vncution time with the child during her period of
custody. However, hecallse of Mother's work schedule, she is unable to exercise custody.
The Conciliulor views the Ornndmother's request us, essentially, a request by the Mother to
huve vneution with the child during which time the Mother would assign her rights to her
Mother, This is a ruther routine scenurlo in custodial situations, especially In eases where
the pnrents arc working but the grnndparents ure available to provide meaningful vacations
to the child,
S/:'AN J.'1,1:'J:'(Jl:'R,
1'llIil/l/ /1'
I,N '1111:' COf I/O' OJ.' ('
CI1M/III"IAN" (' . "MM"N I'LU^" "I.'
OliN/ Y, /'IINN'i"I"
(' . " r,vl\NII\
IV/[, 1\( 't/()N
., 1,1\ W
v,
QJy~'Q1JJtt
AND NOW, this ISI/, I
" (ay of DecCl/)ber, 2000
/re'n". "'.""/y '''h''<1'I,. in Ih' , ' IIPOI/ flgrcelllell/ Of eOlll/sel th
IS l/)ulter r ' [) , e
1'h'''. l' W "'om"", I, 2
' fly, 'ebrUlJry 15 2001 . 000, is resche" 1
' , . " 9'30 '.," . , . "' u. In
Cn'nhn,,, C ' ., " C,,,,,,,,,,," N., ,
. . Urll.",. Pun"%",,,. . . Cun'b"I". Coomy
DaVid Greel/e, Esq,
28 SOllth Pitt Street
Carlisle, P A 17013
Attorl/ey for Plail/tiff
Jallles 1. /(aver [;.
4/ 'b ", "Sq,
.,1 erty A "el/lIe
Carlisle, P A J 7013
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SEAN fo'LEEGER,
PllIlntiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
REBECCA GALLAGHER,:
Defendllnt
NO, 98-2207 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR EMERGENCY SPECIAL RELIEF
BEFORE OLER, ,J.
ORDER OF COURT
AND NOW, this 11th dllY of April, 2002, upon considerntion of PllIintiffs
Petition for Emergency Special Rclicf: with respect to custody of the parties'
child, Nathaniel Christopher Gallllgher (d,o.h, September 16,1997), and following
a hearing held on February 13,2002, and April 10. 2002, and the court finding that
Defendant's relocation to Dover, York County, Pennsylvania, is likely to
significantly improve the quality of life far Defendant and the child, thllt the
relocation was not motivated by a desire to trustrate the visitation rights of
Plaintiff or to impede the development of a healthy relationship between the child
and j)laintiff, and that feasible arrangements can be made to ensure a continuing,
meaningful relationship between the child and Plaintiff notwithstanding the
relocation, and based upon the court's perception as to the best interests of the
child, it is ordered and directed as tallows:
I. To the extent that the petition seeks to preclude the
relocation of Defendant to Dover, York County, Pennsylvania,
the petition is denied,
2, The terms of the cllstody order dated October 22, 200 I,
shall remain in flllllaree and effect.
3, Nothing herein is intended to preeludc cither party Irom
taking sllch nonbinding steps as he or she may deem
appropl'illte with respect to school enrollment for the child, nor
is the order Intendod to IIdjlldicate any IsslIo which may IIrise as
to where the child should IIttend klndergllrtcn.
BY THE COURT
_ol(
,/U
L1ndslIY Dare BII/rd. Esq,
Attorney for PllIlnliff
Karl E. Rominger. Esq.
Attorney for Defcndant