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HomeMy WebLinkAbout09-5662RUSSELL ANDREW FLUEVOG, Plaintiff V. PATRICIA ANN FLUEVOG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Of. 5766,1 C.,?J- TA CIVIL ACTION - CHILD CUSTODY COMPLAINT IN CUSTODY Lw Ohm 5--rr stare 109 MechardmbLug. PA 17055 PwoNE: 717.766.4008 FAx: 717.766.4066 1. Plaintiff is Russell Andrew Fluevog, an adult individual residing at 14 Sunset Drive, Mechanicsburg, PA 17050. 2. Defendant is Patricia Ann Fluevog, an adult individual residing at 6 Wagner Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the natural parents of the following minor child: Alexander Scott Harlow Fluevog, born January 6, 2007 (hereinafter, "the child"). 4. The child was not born out of wedlock. 5. The child is presently in the custody of Defendant, Patricia Ann Fluevog, who resides at 6 Wagner Drive, Mechanicsburg, Pennsylvania, 17050. 6. During the past five years, the child has resided with the following persons and at the following addresses: Names Patricia Ann Fluevog Patricia Ann Fluevog Russell Andrew Fluevog Patricia Ann Fluevog Russell Andrew Fluevog Patricia Ann Fluevog Russell Andrew Fluevog Addresses Dates 6 Wagner Drive 8/09 - Present Mechanicsburg, PA 17050 6 Wagner Drive 7/08 - 8/09 Mechanicsburg, PA 17050 8 Schoolside Drive 2/08 - 7/08 Mechanicsburg, PA 17050 6 Wagner Drive 8/07 - 2/08 Mechanicsburg, PA 17050 Patricia Ann Fluevog Patricia Ann Fluevog Doug Smith Beverly Smith Patricia Ann Fluevog Jeff Myers Tammy Myers Patricia Ann Fluevog Russell Andrew Fluevog 6 Wagner Drive 6/30/07 - 8/07 Mechanicsburg, PA 17050 State Road 6/23/07 - 6/30/07 Mechanicsburg, PA 17050 York, PA 6/9/07 - 6/23/07 6 Wagner Drive 1/6/07 - 6/9/07 Mechanicsburg, PA 17050 7. The mother of the child is Defendant Patricia Ann Fluevog, residing with the child ?'c ak.d Yohn M.-err 5020 Ritter Road State 109 Mechanicsburg. PA 17055 PrtoNE: 717.766.4008 FAx: 717.766.4088 at 6 Wagner Drive, Mechanicsburg, Pennsylvania 17050. She is married. 8. The father of the child is Plaintiff, Russell Andrew Fluevog, who resides at 15 Sawmill Road, Dillsburg, Pennsylvania 17019. He is married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship No one other than herself 11. Plaintiff 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Plaintiff 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. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the Plaintiff Father has had daily interaction with his child for the past 21/2 years of his life and functioned as primary caregiver for the last six months; b) the Plaintiff Father is in the best position to provide care and nurturing to his son; and c) the emotional, physical and/or spiritual development of the child will be enhanced by granting primary physical custody of the child to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him primary physical and shared legal custody of the child, Alexander Scott Harlow Fluevog. Respectfully submitted, ko >.? .d ohn M. err 5020 Ritter Road Suite 109 MechardMbtug. PA 17055 PHom: 717.766.4008 FAx: 717.766.4066 Johh M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Russell Andrew Fluevog Dated: August 14, 2009 VERIFICATION The undersigned hereby states that he is the Plaintiff in the foregoing Custody Action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Complaint in Custody are true and correct to the best of his knowledge, information and belief. He understands that any false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. 114??-Xtx?v Russell Fluevog RUSSELL ANDREW FLUEVOG, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - CUSTODY PATRICIA ANN FLUEVOG, Defendant NO. CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Complaint in Custody," on the below-named individual in the manner indicated: Via Certified M Patricia Ann Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 - (?4 )4 ("', fC0 1 0Z M.cerr 5020 tatter Road state toe Mechanicsburg, PA 17055 P11oNE: 717.766.4005 FAx: 717.766.4066 Dated: August 14, 2009 rr, hn Esquire 20 M. Kerr, Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 OF Tw IfA9 AUG 1 4 Ph 25 I (o5. So po A-n Y ex.*- I5a I Rj aaq v7 RUSSELL ANDREW FLUEVOG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5662 CIVIL ACTION LAW PATRICIA ANN FLUEVOG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, August 18, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Friday, September 25, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By /s/ Hubert X. Gilroy, Esq. 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 OF THE PPP' i4')N - TARY 2009 AUG 18 Phi 3: 0 7 ,- ;4 JI;JI TY PEf'lJNSYLV,A,l4fA SEP 2 5 2009 RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant IN CUSTODY ORDER T? AND NOW, this - day of September, 2009, the Conciliator being advised the parties have reconciled, the Conciliator relinquishes jurisdiction. 4 W41mm Mse 30 Fm 3t 04 RUSSELL ANDREW FLUEVOG., Plaintiff v. PATRICIA ANN FLUEVOG, Defendant PRIOR JUDGE: GUIDO, J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-5662 IN CUSTODY k ~~~~ ~ `._ N ~c -~ W r'• 0 -~, ~~ -C7 "~' ~~ ~~ rrt ORDER OF COURT w AND NOW, this 1 ~ day of May, 2010, upon of the Stipulation of the parties, it is hereby ORDERED and DECREED, as follows: 1. The Father, Russell Andrew Fluevog, and the Mother, Patricia Anne Fluevog, shall have shared legal custody of Alexander Scott Harlow Fluevog, born January 6, 2007. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.§5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Physical custody shall be shared so that each parent has an equal number of overnights each year. The specific arrangement and timing of this shared physical custody shall be as agreed between the parties. However. each party shall be entitled to daily interaction with the Child. 3. Holidays shall be shared at mutually agreed-upon times and as dictated by Mother's work schedule. 4. If either party shall have additional time off work, that parent shall be entitled to extended visitation with the Child as mutually agreed-upon between the parties. 5. This Order supersedes and replaces the Order of December 31, 2009. In addition, this Order supersedes the custody provisions of the Protection From Abuse Order entered at Docket No. 2009-5499 in the Court of Common Pleas of Cumberland County. 6. The parties may modify or alter the custody schedule as they mutually agree. Absent an agreement, the parties shall follow the provisions of the custody arrangement as set forth in this Order. In the event either party becomes dissatisfied with the terms of this Order, that party may petition the Court to have this Order modified, at which time ,this case will again be assigned to a Custody Conciliator. .~ BY THE J. Distribution: / J n M. Kerr, Esq~aire, 5020 Ritter Road; Suite 109, Mechanicsburg, PA 1?055 braham Prozesky, Esquire, 674 Stover Court, Hummelstown, PA 17036 ~pQ i QS' rrlal,~c~, j. . RUSSELL ANDREW FLUEVOG, Plaintiff v. PATRICIA ANN FLUEVOG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2009-5662 IN CUSTODY STIPULATION AND NOW, come the above-named parties, Russell Andrew Fluevog. and Patricia Ann Fluevog, and STIPULATE AND AGREE that the Court shall enter the attached Order to resolve the custody matters now pending between them. They represent that either their attorney has reviewed the proposed Order with them, or that they had an opportunity to obtain a lawyer to do so. IN WITNESS WHEREOF, the parties have set written. Russell Andrew Fluevog. ~ L~ (Date) ---~ -~ ~'~ ~~.`'"'~ ate) FATRICIA A. FLUEVOGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW RUSSELL V. FLUEVOGG, NO. 2009-5662 Defendant IN CUSTODY ORDER `1 AND NOW, this ~ day of May, 2010, the Conciliator being advised that Defendant's counsel has filed a signed stipulation with the Court and that there is no longer a need for the scheduled Conciliation Conference, Conciliator relinquishes jurisdiction. Hubert X. Gilroy, E Custody Conciliator n c ~ rn~~ " ~ ~ ~ F3 ~-i ! . ~ ~ S+ -•C ~~ r UJ , '~ C7 "' ~ ~ ' C.ci ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, Plaintiff CIVIL ACTION - LAW CUSTODYNISITATION VS. PATRICIA ANN FLUEVOG, Defendant NO. 2009-5662 PETITION FOR CUSTODY MODIFICATION c7 c rn Co Zrn a? c? G`; C" 7T :' QCs a C- ?o a N AND NOW, comes Defendant, PATRICIA ANN FLUEVOG, by and through her attorney, Fiona K. Fadness, and files the following Petition for Custody Modification, and in support thereof avers as follows: 1. Plaintiff/Respondent is Russell Andrew Fluevog, natural father of the child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), residing at 6 Wagoner Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant/Petitioner is Patricia Ann Fluevog, natural mother of the child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), residing at 1152 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Custody of the minor child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), was awarded as follows: a. Joint legal custody to both parties. b. Shared physical custody as the parties agree, both parents to have an equal number of overnights each year, by Order of Court dated May 12, 2010, pursuant to a custody stipulation. (See copy of the Order attached hereto as Exhibit "A".) 4,10.00 Po A-r/ Cl* 100(0 e* a&6W(o 4. Defendant/Petitioner Mother seeks to modify the current custody arrangement because: a. Since the date of the current custody order, the employment of Mother has changed. b. The parties have difficult times agreeing to the split of the overnights. c. The current custody schedule is no longer in the best interest and well being of the child. d. The current custody schedule is not conducive to the child's best interest at the forefront of the matter. e. The child is not thriving on the current custody arrangement. WHEREFORE, Defendant/Petitioner Mother requests the Court to modify custody of the child as follows: 1. Primary custody to Mother. 2. Father's custodial period to be supervised for periods as agreed upon, no fewer than one evening a week for three hours and two Saturdays every month for six hours each Saturday, with no tolerance for any alcohol consumption during the custodial periods. Respectfully submitted, Dated: ?- FIONA IMBERLY FADNESS Attorney ID 65283 Attorney for Plaintiff 301 S. Hanover Street Carlisle, PA 17013 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, CIVIL ACTION - LAW Plaintiff CUSTODYNISITATION VS. PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant VERIFICATION I, THE UNDERSIGNED, Patricia Fluevog, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. _ Patricia Fluevog Dated: 5 - \ U - ? k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, Plaintiff CIVIL ACTION - LAW CUSTODY/VISITATION r-nm Z:;:v r -<> Vi C; C-; cs -r, VS. PATRICIA ANN FLUEVOG, Defendant NO. 2009-5662 CERTIFICATE OF SERVICE I, Fiona K. Fadness, hereby certify that on the date set forth below, I served a true and correct copy of the foregoing document upon the attorney for Plaintiff/Respondent, Russell Andrew Fluevog, by First Class United States mail addressed as follows: John M. Kerr, Esquire 5020 Ritter Road, Ste 109 Mechanicsburg, PA 17055 Dated: 6 9 - ?/ - FIONA IMBE Y FADNESS Attorney ID 65283 Attorney for Plaintiff 301 S. Hanover Street Carlisle, PA 17013 (717) 991-1382 RUSSELL ANDREW FLUEVOG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA -? 2009-5662 CIVIL ACTION LAW N:;.1 T1 M tee= PATRICIA ANN FLUEVOG -0m IN CUSTODY Cn DEFENDANT :;><71 -rt ORDER OF COURT AND NOW, Wednesday, June 15, 2011 , upon consideration of the attached Comp laint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, July 20, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to 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 Q ,ra 64/ed ?o e i r oy .,nn , 5 ?/rd/. 10 RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2009-5662 CIVIL ACTION - LAW PATRICIA ANN FLUEVOG,, „ Defendant IN CUSTODY :zm PRIOR JUDGE: Edward E. Guido ! r _' > (`"') » COURT ORDER' AND NOW, this day of October, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is cheduled in Court Room No.3 of the Cumberland County Courthouse on the day of np"A 201L at 100 P.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of May 12, 2010, shall remain in place subject to the following modifications: A. Physical custody shall be alternated on a week on/week off basis with the exchange of custody taking place at the end of the day on each Thursday with the receiving parent picking the child up at daycare. B. Neither parent shall consume alcohol to the point of intoxication while they have custody of the minor child. 3 3. For the upcoming Thanksgiving and Christmas holidays, father shall have the child for the Thanksgiving holiday and shall have custody from the evening before Thanksgiving day through that weekend which is his scheduled weekend. However, mother shall have custody of the minor child from the morning of December 24 through December 26 regardless of whether it is her scheduled weekend or not. BY THE cc: ? Fiona Kimberly Fadness, Esquire ,-/ John Kerr, Esquire tep;e5 #-KaJed /011111, c RUSSELL ANDREW FLUEVOG, Plaintiff v PATRICIA ANN FLUEVOG, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2009-5662 CIVIL ACTION - LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexander Scott Harlow Fluevog, born January 6, 2007. 2. A Conciliation Conference was held on October 7, 2011, with the following individuals in attendance: The father, Russell Andrew Fluevog, with his counsel, John Kerr, Esquire and the mother, Patricia Ann Fluevog, with her counsel, Fiona Kimberly Fadness, Esquire. 3. The parties have an Order from May 12, 2010, that generally provided for a 50/50 custody arrangement but it did not specify a specific schedule. The parties have been experiencing problems because of the lack of specificity in the prior stipulated Order. Additionally, mother is seeking primary physical custody at this time and a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: October , 2011 RUSSELL ANDREW FLUEVOG, Plaintiff/Petitioner v. PATRICIA ANN FLUEVOG, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 5662 CIVIL TERM c IN CUSTODY C!~ r r i cna PETITION/COMPLAINT TO MODIFY CUSTODY ORDER ~"'~ 3 ~. ,,, ~ ~~ n , t.,., N ' G:~k ~ ~~ yQ -o c3 ~ ~ _~-.... -~~ c°a ~ ~', r~+n r4~ 1. Plaintiff/Petitioner is Russell Andrew Fluevog (hereinafter, "Father"), an adult individual residing at 6 Wagner Drive, Mechanicsburg, PA 17050. 2. Defendant is Patricia Ann Fluevog, (hereinafter, "Mother"), an adult individual residing at 30 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050.' 3. The parties are the natural parents of the following minor child: Alexander Scott Harlow Fluevog, born January 6, 2007 (hereinafter, "the child") 4. The child was not born out of wedlock. 5. The child is presently in the custody of Defendant/Respondent, Patricia Ann Fluevog, who resides at 30 Village Court, Mechanicsburg, Pennsylvania, 17050. 6. Since the original custody complaint, filed in 2009, ,the child has resided with the following persons and at the following addresses: Names Addresses Dates Patricia Ann Fluevog 30 Village Court 03/12 -Present Mechanicsburg, PA 17050 Q~,t,~, ~~~~ ,~. ~>c v SoZO~e<a0~d State 104 Mech2nlcsbUr$, PA 17055 P"°`~~ ""~~`4O°8 es: Patricia Ann Fluevog 1152 Newville Road summer, 2010 - 03/12 Robert Stephenson Carlisle, PA 17013 Roberta Stephenson Marissa Ste henson ~i~.~ss.aoss P Patricia Ann Fluevog 6 Wagner Drive 7/08 - 8/09 Russell Andrew Fluevog Mechanicsburg, PA 17050 4' ~' , c~ ~ ~ 3 ~~ ~# ~7y~7~ 7. The mother of the child is Defendant/Respondent Patricia Ann Fluevog, residing ~ohn ~Prr a~~. PC solo Ritter Goad Suite l04 Mecha nicsburg, PA 17055 R wr>E: 7l 7.766.4008 Fnx: 717.766.4066 with the child at 30 Village Court, Mechanicsburg, Pennsylvania 17050. She is married... 8. The father of the child is Plaintiff/Petitioner, Russell Andrew Fluevog, who reside at 6 Wagner Drive, Mechanicsburg, PA 17050. He is married. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationship No one other than herself 11. Prior to the custody trial held on December 12, 2011 before the Honorable Edward E. Guido, the parties shared physical custody of the Child. 12. On December 12, 2011, following hearing, the Court entered an Order vacating all prior Orders (see copy of December 12, 2011 Order appended to this Petition), granting primary physical custody to Mother, with Father's periods of partial physical custody to include every other weekend from Thursday after daycare until Mondays at the beginning of daycare, as well as Wednesdays from after work until 7:30 p.m. 13. Father requests that the December 12, 2011 Order be modified, as follows: a) that the Wednesday periods of partial custody until 7:30 p.m. be extended overnight until the beginning of school on Thursday mornings; i b) that Father enjoy three weeks of vacation time with the Child, e.g~, one week in October when he would bring the Child with him to camp in Sullivan County, Pennsylvania and two consecutive weeks in January and February; c) that holidays be shared equally between the parties; d) that Father be permitted to take the Child with him to Civil War reenactments when the dates coincide with mother's periods of primary custody; e) That Mother be ordered to comply with legal custody provisions o~ ~, the current Order, by requiring her to share physician information and the dates the Child has appointments with his doctor. 14. Plaintiff has not participated as a party or witness, or in another capacity, in othe~ litigation concerning the custody of the child in this or another court, except as detailed above. 15. Plaintiff has no information of a custody proceeding concerning the Child pendin~ in a court of this Commonwealth or any other state. 16. Plaintiff 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 t~ the Child. 17. Each parent whose parental rights to the Child have not been terminated and th~ person who has physical custody of the Child have been named as parties to this actiorll. 18. The best interest and permanent welfare of the Child will be served by granting the relief requested because: a) the Plaintiff Father had daily interaction with his Child until the Order of ~ohn ~~rr ati~. PC 5020 Rttter Road Sutte 104 Mecha[ tiCSbtu$,PA 17055 Pr-ioru~: 717.766.4006 Fnx: 717.766.4066 December 12, 2011; ', b) since the entry of the current Order, Plaintiff/Petitioner has participated ir~ Gaudenzia meetings, as well as Bible study and drug and alcohol meetings at his place of worship; c) the emotional, physical and/or spiritual development of the Child will be enhanced by granting additional custody time with the Father. WHEREFORE, Plaintiff requests that the Court modify the current custody order as set forth at paragraph 13 (a) - (e) above.. Respectfully submitted, ~~~,~, ~ ~~ ~„~ ~c 5020 Ritter Road State t 04 Mechanicsburg. PA 17055 PHOwe: 717.766.4008 Fnx: 717.768.4066 ~~ Jo n M. Kerr, Esquire Attorney I.D. # 26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff/Petitioner, Russell Andrew Fluevog Dated: August 28, 2012 VERIFICATION The undersigned, Russell Fluevog, hereby states that he is the Petitioner in the foregoing custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Petition To Modify Custody are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties contained at 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Russell Fluevog C~,OO p~I RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA: V. PATRICIA ANN FLUEVOG, CIVIL ACTION - LAW Defendant/Petitioner: NO. 2009-5662 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 12th day of December, 2011, after r hearing, all prior custody orders are vacated and replaced J with the following: 1. The Father, Russell Andrew Fluevog, and the Mother, Patricia Ann Fluevog, shall have shared legal i custody of Alexander Scott Harlow Fluevog, born January 6, 2007. Major decisions concerning the child including, but !. not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by ', the parties after discussion and consultation with a view toward obtaining and :Following a harmonious policy in the child's best interest. Neither party shall impair the othe~ party's rights to shared legal custody of the child. Neither party shall attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to b of concern to the other. Day-to-day decisions shall be the responsibility ',' of the parent then having physical custody. any emergency decisions which must be made, having physical custody of the child at the emergency shall be permitted to make any imp necessitated thereby. However, that parent other of the emergency and consult with him as possible. With regard to the parent time of the nediate decision shall inform the or her as soon Ir_ accordance with 23 Pa. C.S. Section 5309, each party shall .be entitled to complete and full information from any doctor, dentist, teacher, professional or authorit~ and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. Mother shall have primary physical custody of the child subject to periods of partial physical custody with father as follows: A. Every Wednesday from after his work unti: 7:30 p.m. The child to be picked up by father at day care and retrieved by mother from father's home at 7:30. B. Every other weekend from Thursday after day care until Monday at the beginning of day care. C. Such other times as the parties agree. 3. The holiday schedule shall be as agreed upon between the parties. Provided however, that if Christmas falls on father's weekend, he shall return the child at 4:001 p.m. on Christmas Eve. He shall then be entitled to reset i his every other weekend beginning on December 29. 4. Neither party shall drink any alcohol during his or her period of physical custody. 5. Neither party shall disparage the other in th~ presence of the child. By the Court, Edward E. Guido, J. ,' John M. Kerr, Esquire For the Plaintiff Fiona K. Fadness, Esquire For the Defendant :lfh ., .' ~= o ' _ ~..~ I:..-- "~:_ ~ Jc: .'~= r ~, TRUE COPY FROM R CORD In Testimony whereof,l here n set my hand and the seal of said et , Pa. This ,(~„ d 20 /! Prothonotary RUSSELL ANDREW FLUEVOG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA N rm • +-a V' 2009-5662 CIVIL ACTION LAW ,n- PATRICIA ANN FLUEVOG IN CUSTODY '~ a DF.,FENDANT ~~ ~ --~ c,~ ORDER OF COURT ~ ~ AND NOW, Friday, August 31, 2012 ,upon consideration of the attached Complai it is hereby directed that parties and. their respective counsel appear before Hubert X. Gilroy, Esq. ,the cc at 4th Floor ,Cumberland County Courthouse, Carlisle on Monday, October O1, 2012 at 8:; for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in disX if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to entex into a tem order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq, u~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Ames 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 arrangem must be made at least 72 hours prior to any hearing or business before the court. You must attend the sche 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 /U/~~ ~~ ~ 32 South Bedford Street / Carlisle, Pennsylvania 17013 C,e I,~s ~ Q; ~CC~ "~' ~-'Tlr K~r~ Telephone (717) 249-3166 dn.~~ ~~~ Bator, AM or RUSSELL ANDREW FLUEVOG, IN THE COURT OF' COMMON PLEAS OF. Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA ~~ , PATRICIA ANN FLUEVOG, CIVIL ACTION - LAW Defendant/Petitioner: NO. 2009-5662 CIVIL TERM IN RE: CUSTODY ORDER OF COURT :AND NOW, this 16th day of November, 2012, after hearing, all prior custody orders are vacated and replaced wir_h the fallowing: 1. The Father, Russell Andrew Fluevog, and the Mosher, Patricia Ann Fluevog, shall have shared legal custody of Alexander Scott Harlow Fluevog, born January 6, 2007. Major decisions concerning the child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy i.n the child's best interest. Neither party shall impair the other party's rights to shared legal custody of the child. Neither party shall attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. any emergency decisions which must be made, having physical custody of the child at the emergency shall be permitted to make any imr necessitated thereby. However, that parent other of the emergency and consult with him as possible. With regard to the parent time of the nediate decisions shall inform the or her as soon In accordance with 23 Pa. C.S. Section 5309, each party shall be entitled to complete and fu:Ll information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by ,statute. 2. Mother shall have primary physical custody of the child subject to periods of partial physical custody with father as follows: A. Every other weekend from Thursday after day care or school until Monday at the beginning of day care or school. B. On the Tuesday following the weekend that father did not have partial physical custody of the child, his period shall be from after school or day care until Wednesday morning at the beginning of school or day care. C. On the Tuesday following the weekend on which father exercised partial physical custody, his period of visitation shall be from after school or day care until 8:00 p.m. at which time father shall mother's home. Provided however, the returned the child to mother by 8:00 preceding period of weekend custody, visitation shall extend to Wednesday commencement of school or day care. return the child to ~t if father has p.m. Sunday the this Tuesday evening morning at the D. Upon 30 days written not;ice to mother, father shall be entitled to up to three non-consecutive weeks of partial custody each year. Said weeks of partial cu:~tody shall commence on Sunday a.t 1:00 p.m. and continue until the following Sunday at 1:00 p.m. unless said Sunday falls on father's regularly scheduled weekend in which case the return time shall be the regular return time as set forth above. :Lt shall be father's responsibility to make sure that the child attends school during said periods unless father has made arrangements for excused absences. Mother shall also be entitled to three weeks visitation upon thirty days written notice to father., The times shall be from Sunday at 1:00 p.m. until Sunday at 1:00 p.m. at which time the normal schedule shall resume. E. Such other times as the parties agree. 3. The following holiday schedule shall supersede anything contained above. A. Christmas: In odd numbered years father shall have the child from Christmas Eve at 6:00 until Christmas Day at noon. Mother shall have the child from noon Christmas Day until noon on December 26th at which time the regular schedule shall resume.. In even numbered years, the times shall be reversed. B. Thanksgiving: In even numbered years, father shall have the child from 6:00 p.m. the day before Thanksgiving until 5:00 p.m. Thanksgiving Day. Mother shall have the child from 5:00 p.m. Thanksgiving Day until noon on the day after Thanksgiving at which time the regular schedule shall resume. In odd numbered years, the times shall be reversed. 4. All other holidays shall be as agreed upon between the parties. 5. Neither party shall drink any alcohol during his or her period of physical custody. 6. Neither party shall disparage the other in the presence of the child. 7. RELOCATION. No party shall be permitted to re:ocate the residence of the child which :significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. Section 5337. By the Court, .. ~,~ ~~ Edward E . Guido , ~T . ,....a / John M . Kerr, Esquire ~ ~~ ''~" __, Fo:r the Plaintiff/Respondent 'Rn ^+ µ`'~ . ~ ~' 5xt r y te ... ~`' t~ Patricia Ann Fluevog .~ f„ t r ~~ :~; ' +J r , Pro s e ' ~~ ~: ss -- -;~, ~ ,~,/ /G _- E RUSSELL ANDREW FLUEVOG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5662 CIVIL ACTION LAW CD PATRICIA ANN FLUEVOG N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday,April 08,2013 -,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Wednesday,May 01,2013 9;30 AM for a Pre-Hearing Custody Conference. At such conference,an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court,and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gikoy,Esq, Custody Conciliator F 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 ef4 Alxo ;s RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY<LVANIA,4, � C: c 'r.i v 2009-5662 CIVIL ACTION -LAW, co -q.F =rn i--,-~ PATRICIA ANN FLUEVOG, `f'�.`r. Defendant IN CUSTODY ' ' �D1 c C� . -V :z c:) PRIOR JUDGE: Edward E. Guido t� -- .-. COURT ORDER " AND NOW this day of May, 2013 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is in Court Room No. 3 of the Cumberland County Courthouse on the ✓�' day of V ,2013 at POOP m. At this hearing,the father shall be the moving party and shall proceed initially with testimony.Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and opposing party/counsel a memorandum setting forth the history of custody in this case, the issues raised by the father in connection with his petition to modify the existing Order,a summary of each party's position on these issues,a list of witnesses who will be called to testify on behalf of each parry and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of November 16, 2012, shall remain in place. BY T , Edward E. Guido, Judge cc: &.A4r. Russell Andrew Fluevog(6 Wagner Drive, Mechanicsburg, PA 17050) ✓Tohn Kerr, Esquire 1 ✓1GIs. Patricia Ann Fluevog(30 Village Court, Mechanicsburg, PA 17050) TO RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2009-5662 CIVIL ACTION - LAW PATRICIA ANN FLUEVOG, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. This case comes before the Custody Conciliator on a Petition for Modification filed by the father. It is noted that a hearing was held by the Court in December of 2011 and a second hearing again in November of 2012. Father has now petitioned to modify the existing Order. The Petition was filed by legal counsel for the father,but legal counsel did not appear at the Conference which was held on May 1, 2013. The father,Russel Andrew Fluevog, and mother, Patricia Ann Fluevog, were both in attendance at the Conciliation Conference. The mother is not in agreement with any of the requests made by the father. Accordingly, this again needs scheduled before the Court for a hearing. 2. The Conciliator recommends an Order in the form as attached. Date: May ' 2013 Hubert X Gilroy, Esquire Custod Conciliator r RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, 2009-5662 CIVIL ACTION- LAW PATRICIA ANN FLUEVOG, Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than '/2 day. Date: May , 2013 Hubert X. Gilroy, Esquire CustodyX-onciliator F:\FILES\Clients\12321 Custody Conciliations\12321.2013\12321.2013.Fluevog v Fluevog Report and Order.wpd r RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5662 CIVIL TERM c-) PATRICIA ANN FLUEVOG, CIVIL ACTION - LAW m W C- r11 . Defendant IN CUSTODY r"' -ur-r; cn+ t 70 ORDER OF COURT 5>-c= co c AND NOW, this 5th day of July, 2013 , after' hearing, our Order of November 16, 2012 , is amended as follows : 1 . Paragraph 2-3 and C are deleted and replaced with the following: On the Thursday preceding the weekend that Father does not have partial physical custody of the child, this period shall be from after school or daycare until Friday morning at the beginning of school or daycare. 2 . The following shall be added as Paragraph No. 9 . The non-custodial parent shall be entitled to call the child one time per day. The custodial parent shall make sure that if the call is made and missed the son will call the other parent before going to bed. Except as modified herein, our Order of November 16, 2012 , shall remain in full force and effect . Mother has indicated that she has made a referral to Cumberland County Children and Youth Services regarding r. possible molestation of the child. The parties are directed to comply fully in any investigation and abide by any safety plan put into place by Cumberland County Children and Youth Services . If that means that this Order is to be suspended pending the completion of that investigation, that is acceptable to this Court . We will review this matter after the investigation has been completed at the request of either party. By the Court, Edward E. Guido, J. ✓ Russell A. Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff, Pro se .. tricia Ann Fluevog 30 Village Court Mechanicsburg, PA 17050 Defendant, Pro se CCC&YS — g� 11 srs fv,tL,-L LL 7' 4/13 Fiona K. Fadness,Esquire Attorney I.D.No. 65283 212 Barnett Street New Bloomfield,PA 17068 717-991-1382 717-685-9907 (FAX) flclesquire @aol.com Attorney for Defendant Patricia Ann Fluevog c-) RUSSLL ANDREW FLUEVOG : IN THE COURT OF COMMON PLEAS 3 � Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIAN. 1 n r vs. NO. 2009-5662 CIVIL TERM • PATRICIA ANN 1 LUEVOG, : CIVIL ACTION—LAW x -n Defendant : IN CUSTODY t ? t1 ENTRY OF APPEARANCE Please enter my appearance in the above-captioned custody case for Defendant, Patricia Ann Fluevog. Respectfully submitted, Date: 4' /q , 2013 By: �. iona K. F dness,Esquire Attorney I. D. # 65283 212 Barnett Street New Bloomfield, PA 17068 717-991-1382 717-685-9907 (FAX) fklesquire @aol.com Attorney for Defendant, Patricia Ann Fluevog Fiona K. Fadness,Esquire Attorney I.D.No. 65283 212 Barnett Street New Bloomfield, PA 17068 717-991-1382 717-685-9907 (FAX) fklesquire @aol.com Attorney for Defendant Patricia Ann Fluevog RUSSLL ANDREW FLUEVOG : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 2009-5662 CIVIL TERM PATRICIA ANN FLUEVOG, : CIVIL ACTION—LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this /yR day of Are„fP,,,,t,- , 2013, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Lemoyne,Pennsylvania,postage prepaid, addressed to: John M.Kerr,Esq. John Kerr Law P.0 5020 Ritter Rd.,#104 Mechanicsburg,PA 17055 Counsel for Defendant By: y.-�XJ7.Z - Ilona K. Fadness, Esq. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r •-7:7_�- ter.Y -- RUSSELL ANDREW FLUEVOG, : CIVIL ACTION—LAW 1-*1 4.1 Plaintiff CUSTODY/VISITATION (7,r- • Q.? • u VS. f • PATRICIA ANN FLUEVOG, • NO. 2009-5662 Defendant • PETITION FOR CUSTODY MODIFICATION AND NOW, comes Defendant, PATRICIA ANN FLUEVOG,by and through her attorney, Fiona K. Fadness, and files the following Petition for Custody Modification, and in support thereof avers as follows: 1. Plaintiff/Respondent is Russell Andrew Fluevog, natural father of the child, Alexander Scott Harlow Fluevog(DOB 1/6/2007), residing at 6 Wagoner Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant/Petitioner is Patricia Ann Fluevog, natural mother of the child,Alexander Scott Harlow Fluevog (DOB 1/6/2007), residing at 30 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Custody of the minor child, Alexander Scott Harlow Fluevog(DOB 1/6/2007), was awarded as follows by Court Order dated July 5, 2013 (Copy of Order attached): a. Joint legal custody to both parties. b. Primary physical custody to Mother with periods of custody by Father as follows: Every other weekend from Thursday after school until Monday morning at the start of school and the alternating Thursday from after school until the start of school on Friday. c. Additional provisions for a holiday schedule and vacation time. 0-177 4. Defendant/Petitioner Mother seeks to modify the current custody arrangement tit,*10 foc because: a. Since the date of the current custody order, Mother believes and therefore avers that the Child is being neglected and abused by Father. b. Father has had an allegation of abuse reported to Children and Youth, who will be investigating said allegations. c. The current custody schedule is no longer in the best interest and well being of the child and is not conducive to the child's best interest. d. The child is not thriving on the current custody arrangement. WHEREFORE, Defendant/Petitioner Mother requests the Court to modify custody of the child as follows: 1. Primary custody to Mother. 2. Father's custodial period to be supervised for periods as agreed upon, no fewer than one evening a week for three hours and two Saturdays every month for six hours each Saturday, with no tolerance for any alcohol consumption during the custodial periods and a request for required counseling for anger management issues. Respectfully submitted, Dated: / 2-1 c- 1,3 F ONA KI ERLY F DNE � Attorney ID 65283 Attorney for Plaintiff 212 Barnett Street New Bloomfield, PA 17068 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, : CIVIL ACTION—LAW Plaintiff CUSTODY/VISITATION vs. • • PATRICIA ANN FLUEVOG, • NO. 2009-5662 Defendant • VERIFICATION I, THE UNDERSIGNED, Patricia Ann Fluevog, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. 1 atricia Ann Fluevog Dated: /d /5 - OILS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, : CIVIL ACTION—LAW Plaintiff CUSTODY/VISITATION • vs. PATRICIA ANN FLUEVOG, • NO. 2009-5662 • Defendant CERTIFICATE OF SERVICE I, Fiona K. Fadness, hereby certify that on the /9A day of December, 2013 , I served a true and correct copy of the foregoing document upon the attorney for Plaintiff/Respondent, Russell Andrew Fluevog,by First Class United States mail addressed as follows: John M. Kerr,Esquire 5020 Ritter Road, Ste 104 Mechanicsburg, PA 17055 Date / Z- I - 13 �--4 ONA K. FA NESS, ESQ. ‘404 coal- 4:41) comoir *Noll 457 RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-5662 CIVIL TEIZM'° -.0:1" '- 4' s-r, C- rn PATRICIA ANN FLUEVOG, CIVIL ACTION - LAW v Defendant IN CUSTODY r � uD o ORDER OF COURT tom: AND NOW, this 5th day of July, 2013, after hearing, our Order of November 16, 2012 is amended as follows : 1 . Paragraph 2-B and C are deleted and replaced with the following: On the Thursday preceding the weekend that Father does not have partial physical custody of the child, this period shall be from after school or daycare until Friday morning at the beginning of school or daycare. 2 . The following shall be added as Paragraph No. 9 : The non-custodial parent shall be entitled to call the child- one_t-ime per day. The custodial parent shall make sure that if the call is made and missed the son will call the other parent before going to bed. Except as modified herein, our Order of November 16, 2012, shall remain in full force and effect . Mother has indicated that she has made a referral to Cumberland County Children and Youth Services regarding • ;:t7: ',; 1_7:;1 i,;av , .,-' i7 r f r-,., g ;7; ir ;!I id -3 * poS4ble molestAio* c ille '"Olhil . t,: The parties are directed .-. , 1' I % to comply fullyi::::StiqaLonand abide by any safety plan put into place gy CAmb%rlanfieounty Children and Youth Services . If that means that this Order is to be suspended .4..- pending the completion of t4at investigation, that is acceptable to th (40114g ,,,4, .;,.. , ,, ':c4' We Will review this matter after the investigation has been completed at the request of either party. By the Court, 4010! Edward E. Guido, J. Russell A. Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 Plaintiff, Pro se Ratricia Ann Fluevog / 480 Village Court Mechanicsburg, PA 17050 --- De f end-ant-, -Pro-se . . . _ C CC&Y S srs .. . .:__ .. ., .. - TRUE COPY-FROM RECORD In Testi...Mow:Where-of,I herd unto set my hand and. : :of stid4C9tet Carnets:Pa., Thii - , Of'll 20 L5 . - --.7-1_.: - .. p • A • •/f,, $ _ ' i ' te k e(441" 111:11/ 42 al' R 445 4:40::RUSSELL ANDREW FLUEVOG, IN THE OURT OF MMON PLEA OF. Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA• V. . PATRICIA ANN FLUEVOG, CIVIL ACTION - LAW Defendant/Petitioner: NO. 2009-5662 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 16th day of November, 2012, after hearing, all prior custody orders are vacated and replaced with the following: The Father, Russell Andrew Fluevog, and the Mother, atricia Ann Fluevog, shall have shared- legal custody of Alexander Scott Harlow Fluevog, born January 6, 2007 . Major decisions concerning the child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the child' s best interest. Neither party shall impair the other party's rights to shared legal custody of the child. Neither party shall attempt to alienate the affections of the child from the other party. Each party _ shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa. C.S. Section 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute . Mother shall have primary physical custody of the child subject to periods of partial physical custody with father as follows : A. Every other weekend from Thursday after day care or school until Monday at the beginning of day care or school . B. C- - - =_- •,. fat. - .. . d not h- - . - _ _ •• • •- • ' • hi •_ -- - - - • - - - Wee - - = - C •. - - . - .� . . _ - c -- - .• • ■ wh c .- • • __ = of vis - - - • _ -� Ark"'" 4 vial igl! iporal 1101116 omplo vas fot 010110 shall have the child from Christmas Eve at 6 : 00 until Christmas Day at noon. Mother shall have the child from noon Christmas Day until noon on December 26th at which time the regular schedule shall resume. In even numbered years, the times shall be reversed. B. Thanksgiving: In even numbered years, father shall have the child from 6 : 00 p.m. the day before Thanksgiving until 5 : 00 p.m. Thanksgiving Day. Mother shall have the child from 5 : 00 p.m. Thanksgiving Day until noon on the day after Thanksgiving at which time the regular schedule shall resume. In odd numbered years, the times shall be reversed. 4 . All other holidays shall be as agreed upon between the parties. 5 . Neither party shall drink any alcohol during his or her period of physical custody. 6 . Neither party shall disparage the other in the presence of the child. 7 . RELOCATION. No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S . Section 5337 . 8 : 00 p.m. at which time father shall return the child to mother' s home. Provided however, that if father has returned the child to mother by 8 : 00 p.m. Sunday the preceding period of weekend custody, this Tuesday evening visitation shall extend to Wednesday morning at the commencement of school or day care. D. Upon 30 days written notice to mother, father shall be entitled to up to three non-consecutive weeks of partial custody each year. Said weeks of partial custody shall commence on Sunday at 1 : 00 p.m. and continue until the following Sunday at 1: 00 p.m. unr less said Sunda falls on fath- ' e•ula 1 scheduled weekend in which case the return time shall be the regular return time as set forth bo_ ..— It shall be father' s responsibility to make sure that the child attends school during said periods unless father has made arrangements for excused absences . Mother shall also be entitled to three weeks (.visitation upon thirty days written notice to father, The times shall be from Sunday at 1: 00 p.m. until Sunday at 1 : 00 at which time fire normal schedule shall resume. • E. Such other times as the parties agree . - 3 . The following holiday schedule shall supersede anything contained above . A. Christmas : In odd numbered years father By the Court., Edward E. Guido, J. John M. Kerr, Esquire c "11 For the Plaintiff/Respondent Patricia Ann Fluevog °== Pro se tnr- t' . lfh wry ' ' c a COPY FROM hand Iota. /de, 99i TRUE i here unto set mY • to Testimony whereof, and the seal of said Court at Carlisle,►' This_al_day of p 20 f o ry • : IN THE COURT OF COMMON PLEAS OF RUSSELL ANDREW FLUEVOG, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 2009-5662 CIVIL TERM vs. : CIVIL ACTION—LAW PATRICIA ANN FLUEVOG, : IN CUSTODY rri i- r- Defendant -- r— CRIMINAL RECORD/ABUSE HISTORY VERIFICATION r- -- • I, Patricia Ann Fluevog, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record in publicly available pursuant to the Juvenile Act, 42 Pa. C.S.A. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date Of Conviction, Sentence All That Household Guilty Plea, No Apply Member Contest Plea Or Pending Charges El 18 Pa. C.S. Ch. 25 El El (relating to criminal homicide) ❑ 18 Pa.C.S. §2702 El El (relating to aggravated assault) ❑ 18 Pa.C.S. §2706 ❑ ❑ (relating to terroristic threats) El 18 Pa.C.S. §2709.1 El El (relating to stalking) ❑ 18 Pa.C.S. §2901 ❑ ❑ (relating to kidnapping) ❑ 18 Pa.C.S. §2902 ❑ ❑ (relating to unlawful restraint) ❑ 18 Pa.C.S. §2903 ❑ ❑ (relating to false imprisonment) ❑ 18 Pa.C.S. §2910 ❑ ❑ (relating to luring a child into a Motor vehicle or structure) ❑ 18 Pa.C.S. § 3121 ❑ ❑ (relating to rape) ❑ 18 Pa.C.S. §3122.1 ❑ ❑ (relating to statutory sexual assault) ❑ 18 Pa.C.S. § 3123 ❑ ❑ (relating to involuntary deviate Sexual intercourse) ❑ 18 Pa.C.S. §3124.1 ❑ ❑ (relating to sexual assault) ❑ 18 Pa.C.S. § 3125 ❑ ❑ (relating to aggravated indecent assault) ❑ 18 Pa.C.S. § 3126 ❑ ❑ (relating to indecent assault) ❑ 18 Pa.C.S. § 3127 ❑ ❑ (relating to indecent exposure) ❑ 18 Pa.C.S. § 3129 ❑ ❑ (relating to sexual intercourse With animal) ❑ 18 Pa.C.S. § 3130 ❑ ❑ (relating to conduct relating to Sex offenders) ❑ 18 Pa.C.S. §3301 ❑ ❑ (relating to arson and related offenses) ❑ 18 Pa.C.S. §4302 ❑ ❑ (relating to incest) ❑ 18 Pa.C.S. §4303 ❑ ❑ (relating to concealing death of child) ❑ 18 Pa.C.S. §4304 ❑ ❑ (relating to endangering welfare of children) 2 ❑ 18 Pa.C.S. §4305 ❑ ❑ (relating to dealing in infant children) ❑ 18 Pa.C.S. § 5902(b) ❑ ❑ (relating to prostitution and related offenses) ❑ 18 Pa.C.S. § 5903(c) or(d) ❑ ❑ (relating to obscene and other sexual materials and performances) ❑ 18 Pa.C.S. §6301 ❑ ❑ (relating to corruption of minors) ❑ 18 Pa.C.S. §6312 ❑ ❑ (relating to sexual abuse of children) ❑ 18 Pa.C.S. §6318 ❑ ❑ (relating to unlawful contact with minor) ❑ 18 Pa.C.S. §6320 ❑ ❑ (relating to sexual exploitation of children) ❑ 18 Pa.C.S. §6114 ❑ ❑ (relating to contempt for violation of protection order or agreement) ❑ Driving under the influence of ❑ ❑ drugs or alcohol ❑ Manufacture, sale, delivery, ❑ ❑ holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check All Crime Self Other Date That Household Apply Member ❑ A finding of abuse by a Children &Youth Agency or ❑ ❑ similar agency in Pennsylvania or similar statute in another jurisdiction 3 ❑ Abusive conduct as defined under the Protection ❑ ❑ from Abuse Act in Pennsylvania or similar statute in another jurisdiction El Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification of authorities. 10 Signature Patricia Ann Fluevog Printed Name 4 D RUSSELL ANDREW FLUEVOG : IN THE COURT OF COMMON PLEAS OF L PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. O.FC 31 Fri ' p • 2009-5662 CIVIL ACTION LAW I*IBEFlA; 11 1 �t PATRICIA ANN FLUEVOG • IN CUSTODY N4`('tliN 1,'i • DEFENDANT ORDER OF COURT AND NOW, Monday,December 30,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,January 17,2014 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq.1H. 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. iy\ .a at) , Cumberland County Bar Association 32 South Bedford Street 3 Carlisle, Pennsylvania 17013 ��,C ■ ` Telephone (717)249-3166 Fns ike.p...R. \c). 3 RUSSELL ANDREW FLUEVOG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-5662 CIVIL ACTION-LAW° .141 -r:rrli -. fT7 ; PATRICIA ANN FLUEVOG, • cn N 'c Defendant : IN CUSTODY r-- -y' PRIOR JUDGE: Edward E. Guido fir; c.a COURT ORDER AND NOW,this 2.7 ^"day of February,2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Pursuant to Pa.R.C.P. No. 1915.11, the Community Law Clinic of the Penn State- Dickinson School of Law is appointed as attorney for the minor child Alexander Scott Harlow Fluevog,born January 6,2007, in connection with the civil proceedings related to the custody of the minor child. Counsel for the child shall zealously represent the legal interests of the child as any other client in an attorney-client relationship and shall not act as the child's guardian ad litem or best interests attorney. The child's attorney shall not be called to testify and communications between the child's attorney and the child shall be privileged, consistent with the attorney-client relationship. It is ordered and decreed that all relevant schools, police departments, hospitals and social service agencies including home and school agencies who have records,reports and/or information pertaining to the child relevant to the custody of the child, shall allow the child's attorney access to all files and records in its possession, custody or control and shall cooperate in responding to all relevant inquires. These files/records may include but are not limited to medical, psychological or psychiatric charts including evaluations and progress notes and records, X-rays,photographs,tests,test evaluations, intake and discharge summaries, police records, and school records including report cards,educational assessments and educational plans,relevant to this custody dispute and/or relevant to any special needs or requirements of the child.The child's attorney shall have the right to copy any part of the files and records maintained in connection with the child. It is further ordered and decreed that the child's attorney shall be permitted to see and speak with the child, and family, medical and/or social service providers connected with this case, and take all steps appropriate to and consistent with this order. This appointment shall terminate upon the entry of a final order resolving the petition pending as of the date of this order. 2. After the Community Law Clinic has had ample opportunity to speak with the minor child and the other parties, as necessary, any of the parties may contact the Custody Conciliator directly to to schedule another Custody Conciliation Conference. 3. Pending further Order of this Court, this Court's prior Order of July 5, 2013, shall remain in place. BY T. . ': . 'T, Edward Guido, Judge cc: 4. Russell Andrew Fluevog (6 Wagner Drive, Mechanicsburg, PA 17050) /J■iin Kerr,Esquire Iona Fadness, Esquire ✓��.�� Jotwr400&) IS&, 8 . 112,14tck--- /'y RUSSELL ANDREW FLUEVOG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-5662 CIVIL ACTION - LAW PATRICIA ANN FLUEVOG, • Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b),the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alexander Scott Harlow Fluevog,born January 6, 2007. 2. A Conciliation Conference was held on February 14, 2014, with the following individuals in attendance: The father,Russell Andrew Fluevog,who appeared without counsel, and the mother, Patricia Ann Fluevog, with her counsel,Fiona Fadness,Esquire. 3. The existing Custody Order provides the father with alternating weekends from Thursday through Monday and every other Thursday. Mother has now petitioned seeking to modify the Order and reduce father's periods of custody with the child. There was a discussion at the Custody Conciliation Conference as far as appointing legal counsel for the child. The Conciliator consulted with Judge Guido who agreed with this concept, and the Conciliator also discussed this matter with Lucy Johnston Walsh of the Penn State-Dickinson School of Law Community Law Clinic. 4. The Conciliator recommends an Order in the form as attached. Date: February , 2014 / k ubert X. Troy, Esquire Custody •nciliator 3 RUSSELL ANDREW FLUEVOG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-5662 CIVIL ACTION- LAW PATRICIA ANN FLUEVOG, • Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido COURT ORDER AND NOW,this day of March,2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of February 25, 2014, is modified such that reference to the Community Law Clinic of Penn State University-Dickinson School of Law being appointed as the attorney for the minor child in this case is eliminated and replaced with the appointment of the Children's Advocacy Clinic of the Penn State-Dickinson School of Law as attorney for the minor child, Alexander Scott Harlow Fluevog, born January 6, 2007. BY TH i 1 RT, Edward E. Guido, Judge cc: JMr. Russell Andrew Fluevog (6 Wagner Drive, Mechanicsburg, PA 17050) /Tohn Kerr, Esquire .Fiona Fadness, Esquire .�.� JoLs-40,J 7 Pigs 3/(,/iy =�rn 1 RUSSELL ANDREW FLUEVOG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : 2009-5662 CIVIL ACTION - LAW • PATRICIA ANN FLUEVOG, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The prior recommended Order submitted by the Custody Conciliator in the above matter needs to be modified in accordance with the attached proposed Order. Date: March , 2014 / j Hubert X. Gilroy, • squire Custody Conci •.tor • Law office of ohn M. err 5010 Ritter Road Suite 109 leChaniCSburg. PA 17055 PHONE: 717.766.4008 FAX: 717.766.4066 F tLED-OE ICr OF THE PROTHONOTA ,sa' 2O i w APR 21 PM PI- 214 CUMBERLAND COUNTY PENNSYLVANIA RUSSELL ALAN FLUEVOG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 -5662 CIVIL (CUSTODY) PATRICIA ANN FLUEVOG, : NO. 2009 -8551 CIVIL (DIVORCE) Defendant : JUDGE GUIDO MOTION TO WITHDRAW AS COUNSEL FOR RUSSELL FLUEVOG AND NOW, comes John M. Kerr, Esquire, and John Kerr Law, P.C., presently counsel for Russell Fluevog,. and files the within Motion To Withdraw As Counsel For Russell Fluevog, , the nature of which is as follows: BACKGROUND 1. Since approximately. August 10, 2009, undersigned counsel has represented Russell Fluevog in various proceedings involving Protection From Abuse (PFA); divorce; custody; and a PFA violations hearing. 2. At the last two custody conciliations and the most recent custody hearing, Mr. Fluevog has chosen to represent himself. 3. In addition, Mr. Fluevog has taken positions which undersigned counsel disagrees with. 4. In the meantime, a guardian ad litem has been appointed to represent the legal interests of Mr. Fluevog's child, Alexander Fluevog. Lew Office of ohn M. err 5010 Ritter Road Suite 109 lechanicsburg. PA 17055 'HONE: 717.766.4008 Fnx: 717.766.4066 5. Recently, Mr. Fluevog has filed a landlord tenant action against Gloria Fryer, paralegal for John Kerr Law, P.C. 6. In addition to filing this action, Mr. Fluevog has involved undersigned counsel in attempting to resolve this matter. This has created a conflict of interest on the part of undersigned counsel as Ms. Fryer is part of John Kerr Law, P.C.. 7. Settlement negotiations have not been successful and there is presently a real conflict of interest APPLICATION OF LAW 8. Rule 1.7 of the Rules of Professional Conduct govern conflicts of interest involving current clients. Rule 1.7(a) provides that "a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. 9. Rule 1.16(a)(4) of the Rules of Professional Conduct permits an attorney to withdraw where "the client insists on taking action ... which the lawyer has a fundamental disagreement." 10. Undersigned counsel does not believe that he will be able to provide competent and diligent representation to each affected client. WHEREFORE, it is requested that undersigned counsel be permitted to withdraw as counsel to Russell A. Fluevog. Dated: April 21, 2014 Respectfully submitted, ,kfro41,, J,{fin M. Kerr, Esquire Attorney I.D. # 26414 John Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766 -4008 CERTIFICATE OF SERVICE Undersigned counsel hereby certifies that he has served a copy of the foregoing, "Motion To Withdraw As Counsel For Russell Fluevog," on the below -named individuals in the manner indicated: First Class mail, Postage Prepaid Fionna K. Fadness, Esq. 212 Barnett Street New Bloomfield, PA 17068 Russell A. Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 Dated: April 21, 2014 Law Office of / ohn M. err 5010 Ritter Road Suite 109 lechanicsburg, PA 17055 PHONE: 717.766.4008 FAX 717.766.4066 Children's Advocacy Clinic 371 W. South Street Carlisle, PA 17013 John M. Kerr, Esquire John Kerr Law, P.C. 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766 -4008 RUSSELL ALAN FLUEVOG, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5662 CIVIL (CUSTODY) PATRICIA ANN FLUEVOG, : NO. 2009-8551 CIVIL (DIVORCE) Defendant : JUDGE GUIDO ORDER OF COURT AND NOW, this 29TH day of APRIL, 2014, a Rule is issued upon Plaintiff to Show Cause why the Motion to Withdraw as counsel should not be granted. Rule returnable twenty (20) days after service. ...."‘n M. Kerr, Esquire nna K. Fadness, Esquire 4ssell A. Fluevog ../Children's Advocacy Clinic :sld °lCS" /72.11-F-CL d-r79/ir Edward E. Guido, J. 3›. r- < CD C) > Ps) IN THE COURT OF COMMON PLEAS OF r) CUMBERLAND COUNTY, PENNSYLVANIA a.:-- -,, Z — 70c RUSSELL ANDREW FLUEVOG, : CIVIL ACTION — LAW `"<�" .r' -I _:: Plaintiff/Respondent : CUSTODY/VISITATION r-cn __ PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant/Petitioner PETITION FOR SPECIAL RELEIF PURSUANT TO RULE 1915.13 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURES AND NOW, comes Defendant, PATRICIA ANN FLUEVOG, by and through her attorney, Fiona K. Fadness, and requests that this Honorable Court grant her emergency custody of the child and in support avers as follows: 1. Plaintiff/Respondent is Russell Andrew Fluevog, natural father of the child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), residing at 6 Wagoner Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant/Petitioner is Patricia Ann Fluevog, natural mother of the child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), residing at 30 Village Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. A Modification Petition for Custody of the minor child, Alexander Scott Harlow Fluevog (DOB 1/6/2007), was filed by Defendant/Petitioner on December 19, 2013. 4. There was a conciliation conference on February 14, 2014, at which time both parties agreed that it was in the best interest of the Child to have an attorney appointed for the Child. s13.6a GA P. -l1 /pyo 5. An attorney for the minor child, was appointed by this Honorable Court on March 5, 2014. 6. The current Custody Order, dated July 5, 2013 and amending the November 2012 custody order states that Father is not to consume any alcohol while Father has custody of the Child. 7. Father showed up at Church, River of God, Enola, PA on Sunday, May 4, 2014 intoxicated with the Child. 8. Mother received notification of his appearance from an acquaintance and member of the Church. 9. Mother contacted Silver Spring Township Police after she was informed that Father had arrived at Church intoxicated with the Child. 10. Silver Spring Township Police arrived at Father's residence to find him intoxicated and contacted Mother. 11. Silver Spring Township Police requested Mother to come get the Child and waited until she arrived and took custody of the Child. 12. Due to this flagrant violation of the Custody order and continuous drinking of alcohol by Father when having custody of the Child, as well as driving with the child while under the influence of alcohol, it is no longer in the best interest of the Child to have visitation with Father. 13. Mother believes Father is unfit to exercise custody over the child due to his consistent drinking of alcohol and lack of concern for Child's safety while with Father. 14. Mother will provide the child with a safe, loving home and it is in the best interest and welfare of the Child to live with Mother. WHEREFORE, Defendant/Petitioner Mother respectfully requests this Court to grant her sole physical and legal custody of Alexander Scott Harlow Fluevog pending further Order of this Court. Dated: 5- 9- / Respectfully submitted, ONA KI ERLY NESS Attorney ID 65283 Attorney for Plaintiff 212 Barnett Street New Bloomfield, PA 17068 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, : CIVIL ACTION — LAW Plaintiff/Respondent CUSTODY/VISITATION vs. PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant/Petitioner VERIFICATION I, THE UNDERSIGNED, Patricia Ann Fluevog, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 5-9-ao1-/ atricia Fluevog IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, : CIVIL ACTION - LAW Plaintiff/Respondent : CUSTODY/VISITATION vs. PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant/Petitioner CERTIFICATE OF SERVICE I, Fiona K. Fadness, hereby certify that on the date set forth below, I served a true and correct copy of the foregoing document upon the attorney for Plaintiff/Respondent, Russell Andrew Fluevog, by First Class United States mail addressed as follows: Dated: c -I '- /y John M. Kerr, Esquire 5020 Ritter Road, Ste 109 Mechanicsburg, PA 17055 // Ya,„‘„_- ONA KI BE' ' Y FADNESS Attorney ID 65283 Attorney for Plaintiff 212 Barnett Street New Bloomfield, PA 17068 (717) 991-1382 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, CIVIL ACTION - LAW Plaintiff/Respondent CUSTODY/VISITATION vs. PATRICIA ANN FLUEVOG, : NO. 2009-5662 Defendant/Petitioner CERTIFICATE OF SERVICE I, Fiona K. Fadness, hereby certify that on the date set forth below, I served a true and correct copy of the foregoing document upon the attorney for the minor child, Alexander Fluevog, by First Class United States mail addressed as follows: Dated: 5- /6/_. / Lucy Johnston -Walsh, Esq. 371 W. South Street Carlisle, PA 17013 FIONA ERLY FADNESS Attorney ID 65283 Attorney for Plaintiff 212 Barnett Street New Bloomfield, PA 17068 (717) 991-1382 • t▪ er. "2;. c.4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUSSELL ANDREW FLUEVOG, : CIVIL ACTION — LAW Plaintiff/Respondent : CUSTODY/VISITATION vs. PATRICIA ANN FLUEVOG, NO. 2009-5662 Defendant/Petitioner TEMPORARY CUSTODY ORDER AND NOW, on this /6 44 day of May, 2014, it is hereby Ordered and Decreed that 7.11 -: • •II • V • O * • - . • v -v • 'I s a ave temporary pnmary 4raflo-.-Fluvxog- -- *the -event Plairrtiffis-arratte-tcrtratrthrMiTa or -is una e o o air cusbf o fiin�,ieeefidant • ce in carrying out t reer or a en o um.er an A hearing in this matter is scheduled for the'3e1 of/—, 2014 at /044,'clociA .m. on the 4th floor of the Cumberland County Courthouse, Courtroom 3 , Carlisle, Cumberland County, Pennsylvania. BY THE COURT: cc: p/iiona K. Fadness, Attorney for Petitioner hn M. Kerr, Attorney for Respondent J. ty or "sem —s C) 3 John M. Kerr, Esquire John Kerr Law, PC 5010 Ritter Road Suite 109 Mechanicsburg, PA 17050 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com RUSSELL A. FLUEVOG, Plaintiff vs. PATRICIA A. FLUEVOG, Defendant PEA/1„,431yo coif IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 2009-5662 CIVIL (Custody) No.: 2009-8551 CIVIL (Divorce) MOTION TO MAKE RULE ABSOLUTE AND NOW, this 20th day of May, 2014 comes John M. Kerr, Esquire and John Kerr Law, P.C., counsel to Plaintiff Russell A. Fluevog and moves this Honorable Court as follows: 1. Plaintiff is Russell A. Fluevog. 2. Defendant is Patricia A. Fluevog. 3. On April 21, 2014 John M. Kerr, Esquire filed a Motion to Withdraw as Counsel to Plaintiff Russell A. Fluevog. 4. On April 29, 2014, this Honorable Court issued a Rule upon Plaintiff, Russell A. Fluevog, to show cause why the relief requested in said Motion should not be granted, with a Rule Returnable within twenty (20) days of the date of the Order. Copies of the Court's Order where mailed by the Court by first class mail on or about April 29, L 2014 to Counsel for Plaintiff and Plaintiff's last known addresses as provided by Counsel for Plaintiff. 5. Plaintiff has failed to file any objection to John M. Kerr, Esquire withdrawing as counsel for Plaintiff, Russell A. Fluevog. WHEREFORE, Movant respectfully requests this Honorable Court to enter an Order permitting John M. Kerr, Esquire and John Kerr Law, P.C. to withdraw as Counsel for Plaintiff Russell A. Fluevog. May 20, 2014 Respectfully submitted, JOHN KERR LAW, P.C. di 141 /4, Jo it M. Kerr, Esquire P ID NO. 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 jolui@johnkerrlawpc.com CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing Motion to Make Rule Absolute by US First Class Mail, Postage Prepaid as follows: Fiona K. Fadness, Esquire 212 Barnett Street New Bloomfield, PA 17068 Lucy Johnston -Walsh, Esquire Children's Advocacy Clinic 371 West South Street Carlisle, PA 17013 Russell A. Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 May 20, 2014 Jo ' n M. Kerr, Esquire RUSSELL A. FLUEVOG, Plaintiff vs. PATRICIA A. FLUEVOG, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 2009-5662 CIVIL (Custody) No.: 2009-8551 CIVIL (Divorce) ,/ ORDER AND NOW, this t:Adt day of May, 2014, upon consideration of the within Motion to Make Rule Absolute, it is ORDERED, ADJUDGED, and DECREED, John M. Kerr, Esquire and John Kerr Law, P.C. shall be permitted to withdraw as counsel to Russell A. Fluevog. Distribution: ..To -1m M. Kerr, Esquire 5010 Ritter Road, Suite 109, Mechanicsburg, PA 17055 Fiona K. Fadness, Esquire 212 Barnett Street, New Bloomfield, PA 17068 , J. C) r) . -, r° 1-1 CO '1:-.)::i;. rn -70 n): • -tea -- C =im ✓Lucy Johnston -Walsh, Esquire Children's Advocacy Clinic; 371 West South Street, Carlisle, PA 17013 ussell A. Fluevog 6 Wagner Drive, Mechanicsburg, PA 17050 3 RUSSELL A. FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2009-5662 CIVIL TERM PATRICIA A. FLUEVOG, Defendant/Petitioner CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23rd day of May, 2014, after hearing, Father's periods of partial custody are suspended until further Order of Court. Father is directed to resume his alcohol counseling with Gaudenzia. We will review this matter again on October 16, 2014, at 1:00 p.m. Pending said hearing, Father shall have the right to telephone contact with the child every Thursday through Monday between 6:00 and 6:15 p.m. Father may also have supervised visitation with the child as agreed upon by the parties. We will schedule a hearing before Octob216 c Y c- �Ci 2014, upon the request of any party. By the Court, Edward E Guido, Fiona K. Fadness, Esquire For the Defendant/Petitions /ussell A. Fluevog, Esquire 6 Wagner Drive A Mechanicsburg, PA 17050 Plaintiff/Respondent, Pro sel 77 ;'' 00 ON SW' 3 0A) •.l0. /ucy Johnston -Walsh, Esquire Children's Advocacy Clinic For the Child srs John M. Kerr, Esquire John Kerr Law, PC 5010 Ritter Road Suite 109 Mechanicsburg, PA 17050 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com RUSSELL A. FLUEVOG, Plaintiff vs. PATRICIA A. FLUEVOG, Defendant r t:.0 -0F �"HE PRO THONU nilifinY28 PH 1.05 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 2009-5662 CIVIL (Custody) PRAECIPE TO WITHDRAW TO: David Buell, Prothontary Kindly withdraw the appearance of John M. Kerr, Esquire and John Kerr Law, P.C. as counsel for Plaintiff, Russell A. Fluevog. A copy of the Order entered by the Honorable Edward E. Guido permitting withdrawal, is attached hereto and marked as Exhibit "A." Respectfully submitted, JOHN KERR LAW, P.C. May 27, 2014 said J.(n M. Kerr, Esquire P • ID No. 26414 5010 Ritter Road Suite 109 Mechanicsburg, PA 17055 Telephone: 717-766-4008 Facsimile: 717-766-4066 john@johnkerrlawpc.com RUSSELL A. FLUEVOG, Plaintiff vs. PATRICIA A. FLUEVOG, Defendant j IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA No.: 2009-5662 CIVIL (Custody) No.: 2009-8551 CIVIL (Divorce) ORDER AND NOW, this 24)day of May, 2014, upon consideration of the within Motion to Make Rule Absolute, it is ORDERED, ADJUDGED, and DECREED, John M. Kerr, Esquire and John Kerr Law, P.C. shall be permitted to withdraw as counsel to Russell A. Fluevog. Distribution: John M. Kerr, Esquire 5010 Ritter Road, Suite 109, Mechanicsburg, PA 17055 Fiona K. Fadness, Esquire 212 Barnett Street, New Bloomfield, PA 17068 , J. CD -r -o -- _, cn r2 <c) p. Lucy Johnston -Walsh, Esquire Children's Advocacy Clinic; 371 West South Street, Carlisle, PA 17013 Russell A. Fluevog 6 Wagner Drive, Mechanicsburg, PA 17050 i EXHIBIT A CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing Praecipe to Withdraw via US First Class Mail, Postage Prepaid as follows: Fiona K. Fadness, Esquire 212 Barnett Street New Bloomfield, PA 17068 Lucy Johnston -Walsh, Esquire Children's Advocacy Clinic 371 West South Street Carlisle, PA 17013 Russell A. Fluevog 6 Wagner Drive Mechanicsburg, PA 17050 May 27, 2014 Jo;. n M. Kerr, Esquire Andrew W. Barbin, Esquire Pa. Atty I.D. 43571 Ryan A. Webber, Esquire Pa. Atty I.D. 309693 ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite Mechanicsburg, PA 17055 (717) 506-4670 RUSSELL ANDREW FLUEVOG, Plaintiff v. PATRICIA ANN FLUEVOG, Defendant D 0FFICE OF THE PROTHONOTAR'i 2.014 OCT 114 1311 2: 4 2 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5662 CIVIL TERM CIVIL ACTION — LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO: David D. Buell, Prothonotary Please enter the appearance of the undersigned as Attorneys for Plaintiff, Russell Andrew Fluevog, in the above referenced matter. Respectfully s DATED: October 9, 2014 Andrew/'W. B rbin, Esiire Pa. Att. I.D. 43571 ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 (717) 50 4670 R A. Webber, Esquire Pa. Atty. I.D. 309693 ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 (717) 506-4670 Attorneys for Defendant Russell Andrew Fluevog Andrew W. Barbin, Esquire Pa. Atty 1.D. 43571 Ryan A. Webber, Esquire Pa. Atty I.D. 309693 ANDREW W. BARBIN, P.C. 5 Kacey Court, Suite Mechanicsburg, PA 17055 (717) 506-4670 RUSSELL ANDREW FLUEVOG, Plaintiff v. PATRICIA ANN FLUEVOG, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5662 CIVIL TERM CIVIL ACTION — LAW IN CUSTODY CERTIFICATE OF SERVICE I, Ryan A. Webber, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Mechanicsburg, Pennsylvania, with first-class postage prepaid, and courtesy copy by email as follows: Fiona K. Fadness, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Attorney for Defendant DATED: October 9, 2014 Lucy Johnston -Walsh, Esquire Director, Children's Advocacy Clinic Penn State — Dickinson School of Law 371 West South Street Carlisle, PA 17013 Advocate for Child Ryan A. Webber, Esquire Atty. No. 309693 Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 717-506-4670 Attorney for Defendant Russell Andrew Fluevog Andrew W.Barbin,Esquire T HG N"0'f;.A i il. Pa.Atty I.D.43571 Ryan A.Webber,Esquire 101"OU 16 PN 2: 0 Pa.Atty I.D.309693 ANDREW W.BA"IN,P.C. CUMBERLAIND i"OUNTY ts� zl ' 5 Kacey Court,Suite PENN LIANI A Mechanicsburg,PA 17055 (717)506-4670 Attorneys for Plaintiff RUSSELL ANDREW FLUEVOG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2009-5662 CIVIL TERM PATRICIA ANN FLUEVOG, CIVIL ACTION—LAW Defendant IN CUSTODY CONTINUANCE REQUEST 1, Andrew W. Barbin, Esquire, represent the Plaintiff in the above mentioned action. A hearing is scheduled for Thursday, October 16, 2014, in which I am requesting a CONTINUANCE for the following reason: The undersigned has just entered their appearance on behalf of the Plaintiff father. Counsel for the father, mother and the child all agree that the parties are going to attempt to engage in amicable discussions with the intent to prepare a stipulated order in the near future. All parties agree that a hearing at this time would not be efficient. Respectfully submitted, Andrew W. Barbin, Esquire Pa. Atty. I.D. 43571 Ryan A. Webber, Esquire Pa. Atty. I.D. 309693 ANDREW W.BARBIN,P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 (717) 506-4670 Attorney for Plaintiff DATED: October 15, 2014 RUSSELL ANDREW FLUEVOG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2009-5662 CIVIL TERM PATRICIA ANN FLUEVOG, CIVIL ACTION—LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Andrew W. Barbin, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below,which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Mechanicsburg, Pennsylvania, with first-class postage prepaid, and courtesy copy by email as follows: Fiona K. Fadness, Esquire Lucy Johnston-Walsh, Esquire Cipriani & Werner Director, Children's Advocacy Clinic 1011 Mumma Road, Suite 201 Penn State—Dickinson School of Law Lemoyne, PA 17043-1145 371 West South Street Attorney for Defendant Carlisle, PA 17013 Advocate for Child Andrew W. Barbin, Esquire Atty.No. 43571 Andrew W. Barbin, P.C. 5 Kacey Court, Suite 102 Mechanicsburg, PA 17055 717-506-4670 Attorney for Plaintiff Russell Andrew Fluevog DATED: October 15, 2014