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up-slde-down, then grabbed the child under his arms, slammed the child against
the wall, told him to go to his room, and hit the child on the bUllOCks as he ran
up the slairs, Later the defendant went to the child's room and made the child
hug him, The defendant told the plaintiff, "Look at him (Brandon), you can see
there are no marks on him. I intentionally banged him against the washer
because it's hollow and would make a loud noise to scare him."
c) In or about mid-March, 1996, the defendant struck the parties' son,
Brandon, on his bare skin with a belt several times, The child sustained bruises
and welts on his legs as a result of this incident.
d) On or about February I, 1996, when the plaintiff told the defendant she
was leaving him and going to stay with her parents, he threatened her saying, "If
you love your mother and father, you had beller think carefully about what you
are doing because I am capable of terrible things when I'm pushed," The
plaintiff feared that the defendant would harm her parents if she went to stay with
them. When the plaintiff told her mother that she would not be coming to stay
with them because of the defendant's threat, the plaintiff's mother, fearing for the
her daughter's safety, telephoned the Pennsylvania State Police to advise them of
the plaintiff's situation,
e) In or about August, 1995, while the family was staying at a hotel at
Disney World in Florida, the defendant became angry with the parties' son,
Brandon, and struck him approximately 6 times about his legs with a belt. The
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child sustained red marks, welts and bruising about his legs as a result of this
Incident.
t) In or about late November, 1995, the defendant approached the plaintiff
In a threatening manner and yelled at her threatening, "Get out of the house now
while you still can," The defendant then went to the kitchen, got a knife and ran
after the plaintiff, who fled the home, The plaintiff feared for her safety,
g) In or about July, 1994, the defendant locked the parties' son, Brandon,
then I year old, in a closet for several minutes despite the plaintiff's pleas to let
him out. On two separate occasions later the same day, the defendant became
angry with the r.hild again, and locked Brandon in the trunk of the car, The air
temperature outside was very hot causing the inside of the car trunk to be
extremely hot when the defendant locked the child inside, The defendant left the
child in the trunk screaming and crying and went into the house, The plaintiff
cried and pleaded with the defendant to let the child out of the trunk, but he
refused saying, "As long as you keep this (crying and pleading) up, I'm not
lelling him OUI." The plaintiff, fearing for her son's safety, went upstairs, When
the defendant took the child out of the trunk several minutes after each incident,
the child was screaming and crying and dripping with sweat from the heal.
h) In or about April, 1994, the defendant ripped the plaintiff's T-shirt and
sweat panls off of her, cut them up, and cut up and burned her college library
book. The defendant threatened the plaintiff saying, "I'll cut off your hair if I
4
find that you've been cheatinll on me," The plaintiff sustained a brush burn mark
on her neck as a result of this incident. In addition, the loss of the library book
to be used for a research paper caused the plaintiff to have to drop out of the
class and take the course over again,
i) On or about January 16, 1994, the defendant threatened to punch the
plaintiff causing her to fear for her safety,
j) On or about January 12, 1994, the defendant threatened to beat the
plaintiff, saying that he would do "time" for it causing the plaintiff to fear for her
safety,
k) On or about January I, 1994, while the plaintiff held the parties' son,
Brandon, who was 8 months old, the defendant slapped the plaintiff in the mouth
with such force that it caused her to drop the baby and stumble backward, The
plaintiff fell against a nail protruding from a door frame. The plaintiff sustained
a laceration on her back several inches long, a bruised and swollen lip, and a
chipped tooth as a result of this incident.
I) In or about March, 1993, the defendant shoved the plaintiff, who was 7
months pregnant, causing her to fall backward. When the plaintiff tried to catch
herself from falling by grabbing onto a towel rack, it broke away from the wall
and she fell into the bathtub on her back, The plaintiff sustahled bruises about
her back and legs as a result of this incident.
s
m) In or about September, 1992, the defendant shoved the plaintiff, who was
3 months pregnant, in the chest with such force that she fell backward over a
couch. The plaintiff got up and left the room, but the defendant followed her,
grabbed her, and choked her until she lost consciousness, When the plaintiff
regained consciousness the defendant was talking on the telephone,
n) In or about 1992, the defendant struck the plaintiff about her body with
his fists and threw her against the bathroom sink, As a result of her injuries
during this incident, the plaintiff was treated atlhe York Hospital for a cracked
rib.
0) In or about the summer of 1991, the defendant used a baseball bat to
smash the plaintiffs bicycle, then picked up a mini-surf board, shoved it into the
plaintiff's neck, pushed her backward against the wall with it, and chased her
from the garage with the baseball bat. The plaintiff left the home for several
hours. When she returned, the defendant seemed calm, but when they retired for
the evening, the defendanqt sodomized the plaintiff despite her crying and
pleading with him not to do this to her. The defendant told the plaintiff that
sodomizing her was the only way he would "forgive" her. The plaintiff sustained
rectal bleeding as a result of this incident.
p) In or about the summer of 1991, the defendant tore a piece of broken
moulding with nails in it off of a door jamb, repeatedly struck the plaintiff about
her legs and body with it, picked her up and threw her down onto stairs several
6
times, grabbed her legs, twisted them and jammed them against her body, The
defendant threatened the plaintiff saying, "I'm going to kill you now; this time
I am going to kill you," and choked her with such force that she lost
consciousness, The plaintiff sustained soreness, bruising, welts, and lacemtions
about her legs and body, and bruising and red marks about her neck as a result
of this incident.
q) In or about May, 1991, the defendant choked the plaintiff and back-handed
her in the face, The plaintiff sustained bruising and swelling about her temple
and eye, and red marks and scratches about her neck as a result of this incident.
6. On or about March 22, 1996, the plaintiff and the two minor children left their
residence at 822 Lisburn Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid
further abuse,
7. The plaintiff believes and therefore avers that she and the minor child are in
immediate and present danger of abuse from the defendant and that they are in need of
protection from such abuse,
8, The plaintiff desires that the defendant be prohibited from having any direct or
indirect contact with the plaintiff or the minor children including, but not limited to, telephone
and wrillen communications.
9, The plaintiff desires that the defendant be enjoined from harassing and stalking
the plaintiff, and from harassing her relatives, or the minor children.
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10. The plaintiff desires that the defendant be restrained from entering her place of
employment or the day care facility of the minor children,
II. The plaintiff desires that the defendant be enjoined from removing, damaging,
destroying or selling any property owned jointly by the parties or owned by the plaintiff,
B. EXCLUSIVE POSSESSION
12, The plaintiff's current residence is undisclosed for her and the parties' child's
protection, The plaintiff is asking the Court to order the defendant to stay away from her
current residence and any other residence she may in the future establish for herself, The
plaintiff is not seeking the eviction of the defendant from his residence,
13, The plaintiff desires the defendant to provide suitable alternate housing for her and
the minor children,
C. SUPPORT
14, The defendant has a duty to support the plaintiff and the parties' two minor
children.
IS, The plaintiff is in need of financial support from the defendant including, but not
limited to: health insurance coverage, payment of unreimbursed medical expenses for the
plaintiff and/or the children, and any other reasonable costs necessary to sustain herself and the
children until further Order of Court through Cumberland County Domestic Relations office.
16, The defendant has an office in his home at 822 Lisburn Road, Carlisle,
Cumberland County, Pennsylvania, is self-employed as a disc jockey and is also the owner of
8
24, The plaintiff does not know of any person nol a party to this action who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
25, The best inlerests and permanent welfare of the minor children will be met if
custody Is temporarily granted to the plaintiff pending a hearing in this malleI' for reasons
Including:
a, The plaintiff is a responsible parent who can best take care
of the minor children and provided for the emotional and physical
needs of the children since their births,
b. The defendant has shown by his abuse of the plaintiff lhat
he is not an appropriate role model for the minor children,
c, The defendant's behavior has adversely affected the
children,
WHEREFORE, pursuant to the provisions of the" Protection from Abuse Act" of October
7, 1976,23 P,S, ~ 6101 ~ ~'1 as amended, the plaintiff prays this Honorable Court to grant
the following relief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:"
I, Ordering the defendant to refrain from abusing the plaintiff and/or
the minor child and/or placing them in fear of abuse;
II
2. Ordering the defendant to refrain from having any direct or
indirect contact with the plaintiff or the minor children including. but not
limited to, telephone and written communications.
3, Ordering the defendant 10 refrain from harassing and stalking the
plaintiff and from harassing her relatives and the minor children;
4, Prohibiting the defendant from entering the plaintiff's place of
employment or the day care facility of the minor children;
5, Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff;
6. Ordering the defendant to stay away from the plaintiff's current
residence at an undisclosed location;
7. Ordering the defendant to stay away from any residence the
plaintiff may in the future establish for herself;
8, Ordering the defendant to provide suitable alternate housing for the
plainti ff and the minor children, and
9, Granting temporary custody of the minor children to the plaintiff,
B. Schedule a hearing in accordance wilh the provisions of the "Protection from
Abuse Act," and, after such hearing, enler an order to be in effect for a period of one year:
I, Ordering the defendant 10 refrain from abusing the plaintiff and/or
the minor children and/or placing them in fear of abuse.
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2. Ordering the defendant to refrain from having any direct or
indirect contact with the plaintiff or the minor children including, but not
limited to, telephone and written communications.
3. Ordering the defendant to refrain from harassing and stalking the
plaintiff and from harassing her relatives and the minor children,
4. Prohibiting the defendant from entering the plaintiff's place of
employment or the day care facility of the minor children.
5, Prohibiting the defendant from removing, damaging, destroying or
selling property jointly owned by the parties or owned by the plaintiff.
6. Ordering the defendant to stay away from the plaintiff's current
residence at an undisclosed location.
7. Ordering the defendant to stay away from any residence the
plaintiff may in the future establish for herself,
8, Ordering the defendant to provide suitable alternate housing for the
plaintiff and the minor children.
9, Granting support to the plaintiff and the parties' two minor
children in the amount of $625,00 per week payable to the plaintiff in the
form of a check or money order, mailed to her address, and ordering the
defendant to provide health coverage to the plaintiff and the parties' two
minor children, directing the defendant to pay all of the unreimbursed
medical expenses of the plaintiff and/or minor children of the defendant
13
to the provider or to the plaintiff when she has paid for the medical
treatml:nt and directing the defendant to make or continue to make rent
payments on the residence of the plaintiff,
10. Ordering the defendant to pay reasonable attorney fees to Legal
Services, Inc.
The plaintiff further asks that this Petition be filed and served without payment of fees
and costs by the plaintiff, pending a further order at the hearing, and that a certified copies of
this Petition and Order be delivered to the appropriate police departments who has/have
jurisdiction to enforce this Order,
The plaintiff prays for such other relief as may be just and proper,
COUNT II
CUSTODY UNDER PENNSYLVANIA CUSTODY LAW
26, The allegations of Count I above are incorporated herein as if fully set forth.
27, The best interest and permanent welfare of the minor children will be served by
confirming custody in the plaintiff as set forth in Paragraph 25 of the Petition.
WHEREFORE, pursuant to 23 P,S. 05301 CI Kg" and other applicable rules and law,
the plaintiff prays this Honorable Court to award custody of the minor children to her.
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The plaintiff prays for such other relief as may be just and proper.
Respectfully submitted,
. .' -,)
(~tc., ,...../ Gtf.""
~. Carey, Attorney for Plai
LEGAL SERVICES, INC.
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
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TERESA J. FRYE,
P1Ilintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
96--1679 CIVIL
PATRICK FRYE,
Defendant
CHARGE: INDIRECT CRIMINAL CONTEMPT
ORDER~ COURT
AND NOW, this day
certifies that the attached
of January, 1991, this Court
complaint has been properly completed
and verified, and there is probable cause for the issuance of
process. In consideration of the attached Commonwealth's
Petition, the defendant, PATRICK FRYE, is directed to appear for
trial on the charge of Indirect Criminal Contempt before the
Court on the 3~ day of YOJIU.t:J..ry ,1997 at //:()(J o'clock
GV .m. in Courtroom * L of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
The defendant has a right to be represented by an attorney.
If the defendant cannot afford an attorney, upon request one will
be assigned to represent the defendant. If the defendant wishes
assignment of counsel, contact should be made prior to trial with
the Cumberland County Public Defender's Office at 717-240-6285.
Further, if the defendant fails to appear, an arrest warrant will
be issued.
The She~iff of Cumberland County is directed to serve this
Order and Petition upon the defendant. The assessment of costs
to be determined by the Trial Judge subsequent to trial.
By the Court,
I
1. l ,.1 \
Harold E. Sheel
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P.J.
Thomas A. Placey, Esquire
Assistant District Attorney
PA'rRICK FRYE
'rERE~A J. F'Rn:,
f' li.i,i nt; f f
HI 'rH~~ COUR'r or.' C0I1MON Pl.~A8 OF'
C..'ml~;RL/\Nn COUNTY, PEN,~SYJNAN I,A
v.
'}()' 16'/'1 C rVd,
PATRICK l'RU:,
D'l;:endant.
CHI\RGI~: lNlHREr;'1' CRnHNAL r:Ol~'r":MPr
G(IMIN~!.'I~~HrU !~;_ !:t~1~LTH1tl. l"WLf'.,. J'-Mr.m~L oN. .(;W\Rr~li
()j~ J fIIPIJ; P,':T ("1~[J:nNM~ ,~'9.N:mr:!J~'1.'
'l'ho/r.iHl A. P1Ll';'~'{' F,"GI~I:dnt Uiflteict .~t.torn"y of cUlrh'JL'lo'lnd
county, pennsylvania hl'lng6 the Cnllo~lnq PetitLon for a hearinq
on ch~rqeR of Indirect r:rlmln~l Contempt:
.\ . A Protc,ction from Ab,lc.e OrdE.'r wile is&u"d by the Court..
A tru~ Hnd correct copy oE thu Order is attachAd.
2. Tho defondant's vlulation of this Oeder is averred in
the attBched privBto ~rim:nRI complaint.
"3. 'thE:' ViCt.JUl L'(~qllC'~t.~ th~~ fl1inCJ of. an Inciir.ac:t Cri.minal
Contempt charge upon Informutlon received.
~. 'rhf' Dlntricl At!....n:..y.u OffIce "'ppeo"",:, the filing of
l.b'... pl.il/dU. I;l'.imitldl cOl1lplount..
.,. 'l'h'~ (on,tnml~'e,'.l.ltl',:., ; equ,-".tJr:g i1 IW3'lll'J llll the r.hal'gas
of 11IdLt.Ct CrlmLnal CnnLnmpl pUlsuant to 21 Pa.C.S.A. S61l3.
Ii. '~'hr, pl.nntifE I.lnd '.r< ,!rfeild61it ~ee~< m'.ldirLcl'1t'.oll "f
t.hr. Or /,1',) t:n fH!I I on t.h" t.i Ji.nlj 11 [ th tEl peL! t Ion dS tl,e Court deems
appropriate f(llll)~,j.nq t.he trl<'\l in ildditioll t.o any other
s',mt.'~I1''';. I. \ Pd,C.B,A. 1,611',.
Wllf:RI::F'OlH., the Comnlonwealth requests the defenciant be
con,JI,and(.d !:.O apf'e.u' (Inion, thE, Court on thtl charge of [ndirect
Crlmindl Contempt.
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Respectfully submLtted,
~~~
ThomdG A. Placey
ASsIstdnt Dlstr iet. At.toI'nay
CfIlMINAL COMI 'I. AlII I
mHwlrI
COMPLAiNT NUMDEH--J-- YEAR' h_ h!>E -.. ----NUMIlER"
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ComplLlUlt NumberR II Other Pmtlt.;ipoflls .
alRT (F (~ PLfJ\5 01-
ClMlfRlJIND CWlTY
INowr;:1 UHMINI'<I. C(l'HlWT
A 59317
I~CIDENT ~UMDERrR NO. ~-- r~--
COMMONWEALTH OF PENNSYLVANIA
1.11 H~IIWII VS.
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do hcrehy ,laic,
(I) m I accuse the :ahove l1iUlh:d defend aliI. whu Ii\'c~ at the llllllrcss !'lei lnrth .lbtWC llr,
_ 0 I accuse art individual whose IWIIIC is UnklltlWII (u me hut Wlh) is dl'sI,:rihcd liS ,_n ...__ _ m_ .._.~ ..__.__.__ ____,.____
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~ 0 his nicknamc l)r popular dcsilllwtinn is unklwwll to 11I1: IInd. lherefol'c. I hU\lC dcsil(l1utcd him herein liS John
l Doc: wilh \liolalinlot the penal laws III Ihe ("ollll1h)llWeallh of I.ellllsylvitnia ill
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] ___.___,__.__ III _. _'___"'__"__ ('oUllly llll ~lr .lhtlUl _._.___________~_...___.. ______
v Purtici panls were (If 1IIl'(I' ~t'fl' J111"'11{II/III\, ,'/'I'I'lhl'" 111/1111'\ /"'(1', 1,'Jll'lIlmll lilt' ",mh' of IlhOl,' ,/1,/,'11I1,11I1 )
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The acls c"mmilled hy Ihc aWlSe,1 were, 0) DID VIQA1E A PH01ECTI(tj fH(}1 MUSE OlDER MHO:
AT [OO<ET NIMJER: 9 t" , '" 1-9
IN 1HIIT 1HE [JEFEN[Wn DID 1HE FQLOtJING /'Y.:T5 IN
VHlATIOO (f 1IIE OlDER:
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all or which were against Ihc pcace a;ld dlgnily of Ihe ('01l1/1I0nWeall" of I'ellllsylvalllll
or in violalion or alld of t hc Acl of
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I ask that a warrant of arrest tJ, II ~lIl1H1HlIl~ he 1~'itlCJ and that the al',.:u~cd he required 10 answer the 'larKe'
I havc lIIade,
verify lhat the facts ~cl rllrtll 111 tlll~ l'lllllplainl an:
and hclicf. This vl'nl'II,:i1lillll b lIIadc 'illhJCl'1 10 1111.'
o 4904) relalil1~ III 1I1l'iWtlrl\ fahlfll'iltitll1 III iltllhtll'ltlc'l
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verified. anll that 111l.'rl' I., pltlhilhk lilll.
. I'~ . Ill'rllf~ Illl,' 1,:oll1plallll 11,1', hel'lI properly l'tll1lpktcd ill'<I
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COMPLAINT NUMDE"r 'TUII ' . nl'E
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NUMD~II.1
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A 59317
I:CI~E_NTNU~DE"r:'NO.
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COMMONWlALTH OF PENNSYLVANIA
III 1 I NIIMn VS.
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o hiS IIIc~lIamc ur popular lleSl 'lIation is unknown h1 me and. thcrclnrc, I have de!\lgnalcll him III:rcin a:-
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The aels e\l/llnlllled by Ihe Ilcellsell were: 0 OlD VIClJI1E A PROlECTlrn FRCM JIlJUSE GUIll (\I\1W:
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or in violation uf illld Ill' Ihe Ad or
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I ask thill a warrant of anC!;1 or U ~lIIlHtlOIlS he i~~\lcd and Il1al Ihe a\.'cu~ed he rClluircd In answer the charges
I have mado,
I venfy thai the fach ~Cl forth III thl~ t.:tHllplilint ;Ire IrUI.' illld ....ulreel III thl.' hcsl ul my knowll'dwl' ur IlIlmlllalloll
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J,..J
TERESA J. FRYE, , IN THE COURT OF COMMON PLEAS OF
Plaintiff , CUMBERLAND COUNTY, PENNSYLVANIA
and on behalf of her minor child, t
BRANDON P. FRYE t CIVIL ACTION - LAW
,
v. t NO. 96 - 1679 CIVIL TERM
.
.
PATRICK H. FRYE, : CIVIL ACTION - CUS'1'ODY
Defendant
.
.
COURT ORDER
AND NOW, this J \) day of ~
consideration of the attached Custody Conci 'ation
ordered and directed as follows:
, 1996, upon
Report, ,it is
1. The parties shall submit themselves to family counseling at
Inner Works of Harrisburg. As necessary, the parties shall
provide the children to be involved in this counseling. The
extent of participation by either party in this counseling
shall be at the determination of the professionals at Inner
Works. Costs of this counseling which are not reimbursed by
insurance shall be paid for by the Father, Patrick H. Frye.
2. A temporary custody order is entered as follows,
A. The Mother, Teresa J. Frye, and the Father, Patrick H.
Frye, shall enjoy shared lega.Z custody of Brandon P.
Frye, born May 12, 1993, and Damon H. Frye, born January
15, 1995. The Mother shall enjoy primary physical
custody. The Father shall enjoy periods of temporary
physical custody as follows:
1. For two days a week from 10:00 a.m. until 3:00 p.m.
Father shall notify Mother at least 48 hours in
advance as to on which date he intends to exercise
his time for temporary physical custody. Father
may exercise his temporary custody at his home,
subject to the requirement that he shall have hi.
friend, Mr. Shamberg, or another adult agreed to by
the Mother, act as supervisor for this custody at
Father's home. Such supervisor ahall be present in
the home while the children are with the Father.
In the alternative, Father shall exercise his
temporary custody at the home of Cheryl Torner and
be subject to Ms. Torner's supervision.
afford the plaintiff time to prepare for a hearing. A hearing was rescheduled for Monday, April
29. 1996, at 4:00 p.m.
5. The defendant retained Keith B. DeArmond of DeARMOND & DeARMOND to
represent him in the matter. At the time of the hearing on April 29, 1996, the parties, by and
through their counsel, agreed to the entry of a final Protection From Abuse Order. but could not
qree to the terms of an interim custody order pending further order after the conciliation
conference scheduled on May 21, 1996, at 3:30 p.m.; in particular, who would supervise the
defendant's supervised visitation periods based on the plaintiff's averments. Since a Consent
Agreement and Protection Order was to be presented to the Court and the Court did not wish
to hear the custody matter at the time scheduled for the Protection From Abuse maller, no
hearing was held on April 29, 1996, at 4:00 p.m.
6. The parties continue to work toward an agreement. Therefore, the plaintiff
requests, and the defendant agrees, that the hearing be continued generally to afford the parties
time to resolve this mailer.
7. The plaintiff requests that the Temporary Protection Order remain in effect until
further Order of Court.
8. Certified copies of the Order for Continuance will be delivered to the defendant
and to the appropriate police departments by the allorney for the plaintiff.
WHEREFORE, the plaintiff requests that the Court grant this Motion and continue
..'_1.....
PENN5YWANIA STATE POLICE
INCIDENT REPORT
.
.i'OIT TV,. -
DJINITIAl 0 CONTINUATION
o SUPPLEMENTAL
OAfIIljlDAYlI1 Of tN(HMN' INCIOIN' NO
{JI/,) j/'i 7 -.",vq p..' - f/~C;~C.
hMIl'I Of INCIDeN' ~ 1UYr~ILJ' DOMIlfK YIOtINC'--
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( 0 Ul....DUlON DIHIID N 0 NOI ...'",ICAlll
-----
A"ACHMINTS, 0 MI'~NO ;'.ION CHICIUII
o "LON' ~I AGAIN" 'HI ".~ [)"n.nMlNI 'OIMI~1
[J'VKY1M~I" AUIIJAHCI GtHDI 11(11" 0 IIOH" WAININO AND WAIV.I
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lu. CON. TO Of'. 116. "" VKT. 1'1,0". NO. IU.
0/ L I .'J/
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lu.CON,TOOf,.,It.IY"YlCT. T7. 0". NO. Ill.
_ C'~NAL M1KHII.
_ nllOlISnc THIIATS
--iL H"IAIIMINT
_ THI" IV UNLAWfUL TAIliNG 01 D1U05mOH
_ (ONROllID SUISTANCI, DlUG. DlVKI AHD (OSMm( ACT
__ H"ASSMINT IV (OMMUNICAnoH 01 ADOIU'
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It. NO 20. .TANTI 21.IICnoH NO.
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tNCMKNT NOMPnV '11'OInD If VICTIM Qt 0 NIIGHIOIHOOD/...... CANVASS 0 Ii!!
CAN A $USHCT .1 NAM'D l8 0 ANY WITNISSU lOCATIO 0 Ii'
IVtDlNCI AT SCINI TO UNK omNDIl B 0 orPlNDIIIN'O.MAnON AYAILAllI C3 0
C.N A VlKlCll 1II00NnlllD WITH CIIM' 0 B1 IDlNlln"llI/TlACIAIU PlO,.." 0 <<J
KINI "OCUSID '01 LAnN' 'lINTS 0 ~ UNIQUI/UNUiUAl MITHOD 0' O"..'ION 0 ~
LATIN' HINn DI5(OYIIID 0 f.1 THOUGHT '0 II CONNIClID WITH kNOWN C'IMI 'AnUN 0 18
KINI (1'I1(IlID '01 WITi'll un 11I 0 <lU.N/SfAYlSnCAL NAI(OTlCS MesSAGI SlNT ,_ ~ ~__._ 0 iii
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PENNSYLVANIA STATE POLICE ~~MR'6 ~~-~~IN~A-~I~~- :;~~il-?'~'-'NC~~".'u~ -~-~"--'1~~?~~~;~;:5~~----
"1 C}5U"LIMINT AL I S 9( ~C1DINr y JUVINllI I DOMunc 10
INelDE T REPORT. PART II .----1----.. 00 t.:J .A 1'l_~___m_____1L_ _____n.
'A"ACHMI~:' 0 MIUWO 'USON (HICKLIn 015',: [J CUAAID IV "'''''UTn UNfOUNDII!..LlUCI'YIONAllY CLlAIIID. DATI
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PENHsnV,\NIA$TATE POlICf."
VICTlMlWITNESS STATEMENT FORM
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7.lNVIISTIQATOA'6 NAME II. BADGE NO. /
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.. STATEMENT:
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Under Section 400.t of Ihe . Cr me tMe, naW3rn tall5ihcaliofllo lIuttionlIOi'l, it per&on commits ~ misdemeanor of the third degree ., he makes 8 'NrI"en I,IH .lalement whlc:t'l
he dot, not bellelll to be lrue
I. VICT~~"~ s'~~r.:.::;U '_un'
..I ~.~ -:J'---'-.-i.l-......if...J"'---..-.- n _ ____n_
CUMBERLAND COUNTY PRISON
VICTIM NOTIFICATION FORM
The Defendant, ,P;rl/lrf..~* )lqrt"'~ () ..c,.<-" >1.;:
DOB 0-,;/.!.--~(.J 55' OS-V-.s-(,. ;t, MY
.,
is .being committed to the Cumberland County Prison either for a
violation of a protection order or for a personal injury crime.
Tbe Victim provides tbe following information to assist tbe
Cumberland County Prison in immediately notifying bim/ber upon
the Defendant's release on bail,
i . -- -r-EA,' 1"',1 ,/~
V ctlm Name JJ.'lll~!.'/J ... ~ r Y"'~
Address
J' 01.. -<'..7..s .d (. J d t/ A.j).
c:qll').'$/e. f'~ /7W 3
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Phone": ]'
."-
Alternative
Contact
Name
7/ ') - .:J Vi. (Jcl.vy
Home
Work
.:::)'-Nt".(;a ~. ~r '/~
~::?JO,:n:--~/.{$ ,;) (l ).
Y {l r y P.4 I '7tl / ~
Address
Phone
Home 1,4-6 - 6 4 I /
Work
A) . 'd'lC' s-.J~
I, -r~/7cs" -re/lv ~'1 Y10F , understand that the
Cumberlp.nd County Prison will keep the information listed above
separate from the record./files of tbe Defendant, and that .,
ourrent addres., telepbone number(s), and any other personsl
information is oonfidential and will not be 41s010sed to ADY
person other tban a law enforcement agency, correotions agenCJ or
prosecutor'. office witbout my prior written consent. The
information provided above is currently valid. I further
understand tbat it is my responsibility to provide timely notice
of any cbange. in tbe status of such information to the
Cumberland County Prison.
&----r;'-~(f..._.7f/;.",:" ,.~ ,'-' :'y';,") (JJ~Ml A2 ~
Wi tness . Date Signature
rJ'--
1'1-' h{1_
Date
____ Victim was advised of rights by ,
and he/she does not wish to be notified upon Defendant's release
on bail.
Signature
Date
IrlllelllUllllla Nllme:
, Pat-.-l,.k "a..old FRYE
~ Doclc. Number:
=:] 1AIl
\,;HIMINAL \,;UM....L.AIN
- .
AFFIDAVIT of PROBABLE CAUSE
On 01/23/97 at approx 0330hrs, the victim, Theresa Jean FRYE
was interviewed at the scene. She stated that herself and the
defendant became involved in an arguement and that the arguement
escalated as the defendant struck the victim with a solid metal
object on her left knee cap causing an open bloody wound and
slight swelling of the knee cap.
The victim stated that after this incident that she waited for
the defendant to fall asleep then she called 911 and notified
the police of this incident.
It was also learned by this officer that the victim has a PFA
that is active, and that this assault did happen in the residence
of the PFA.
This officer did observe an opened wound on the victims left
knee and moderate swelling.
The victim refused treatment for her injuries.
I, TROOPER WILLIAM D. II01'HAM , BEING DULY SWORN ACCORDINQ TO
LAW, DEPOSE AND SAY THAT THE FACTS SeT FORTH IN THE FOREGOING AFFIDAVIT AM
TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMAnON AND BEUE',
~{ ~....a .() ~
........ ..-
Swom to me and subscribed before me this
day of
,19_
Date
. District Justice
My commission expires first Monday of January, __ .
SEAL
3.3
,-.-
P..~i~~ ".~^1~ ~gV~
. Docket Numb8l:
II~
CHIMINAL CUMtJLAIN
1 Simple Assault: In that'the def did intentionally, knowingly or recklessly c~use
, bodily injury to Teresa J. FRYE, 822 Lisburn Road, Carlisle, Pa. 17013.
To Wit: The de! did strike the victim in the left knee with a metal object, causing
a cut on the victims leg.
Harassment and Stalking: In that the def did with intent to harass, alarm or
annoy did subject Theresa J. FRYE, 822 Lisburn Road, Carlisle, Pa. 17013, to
physical contact.
To Wit: The de! did strike the victim in the left knee with a metal object, causing
a cut on the victims leg.
III of which were against the peace and dignity of the Commonwedlth of Pennsylvania and contrary to the Act
01 Assembly. or In violation of
1. ?"tH
-"
2, 2709
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3. luk that a warrant of arrest or a summons be issued and that the defendant be required to answ.r th. charg..1 h.
made. (In ord.r for I wlrr.nt of Irr..tto Ilsue. the aUached affidavit of problbl. CIUI. mUlt b. compltt.d
Ind Iworn to b.for. th. Illulng Iuthorlty.)
4. I verify that the facts set forth In this complaint are true and correct to the be~t of my knowledge or Informlllon
and belief. This verification Is made sublectto the penalties of Section 4904 of the Crimes Code (18 PA. C.S.
S 4904) relating to unsworn falsification to authorities,
01/23/97
,19 97
7/71 ~D,p~
(fSIQnetu,. of AIftMO
~J7L
AND NOW, on this date _ , 19 _' I certify that the complalnt has b..n p~
completed and verified. An affidavit of probable cause must be completed In order for a warrant to Issue.
1~.""OI"tlCl)
flulJlngAulM'11y1
_ SEAL
",ope 412'1619l1)
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TERESA J. ~Iln;.
I N mE COURT OF CQP.MlN PLEAS OF
I'IIIint i ff
Ilf\d on behalf of her _itlor chi Id:
IIIlANllON 1'. ~llYl': ,
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96,-1679 CIVIL TERM
PA1'IlICK II. FRn:,
IltJfcndlltlt
PR<YI'ECfION FROM ABUSE AND CUSTODY
ANll NOW, thiN
0I!I.lfR....Q1'~
JI,II.
<J dllY of April, 1996, upon
consideration of the attached
COllplllint. It
iN herchy directed thllt the parties and their respective counsel
I/~(.!J',I" LC dUJ..f-t_._6:.t on the J7f f-, day of ;VIi, V
.m.. un th.. 4th Floor of the Cumberland County Courthouse/lH the
IIppellr b..rol'''
1991;, lit' \ .;J
,law nfftceN lit
Cumburlllm' Cllunty, Pcnnsylvllnlll, for a Pre-Hearing Custody Conference. At such
confurenc!!, /In dfllrt will be made to resolve the issues in dispute; or if this
Cllnnllt bll/lccllmpl ishell, tll define and narrow the issues to be heard by the court,
IInd to IInt!!r Into /I lempornry order. Failure to appear at the conference MY
prnv Idl! IIr1lUIlIl1I for ent ry llf a temporary or permanent order.
For the Court,
-1kkut. .J1J'l.t~1.j l~ .81-
Custody Conciliator '
YOlI IIIDIIJ) TAKH 11I1S PAPER TO lOUR LAWYER AT ONCE. IP YOlI 00 1<<11' HAVE 0\
I AWVlIJ<< OR (W.YI' AfltllRD l>>IH, 00 TO OR Tl'.l.EPIIONE 11fE Off I CE SET FOR11f 8IlLOlr 10
!'INO our WIIt:RH VOl' ('.AN GF.I' I.~XW. /lELP.
COURT AllMlNISTRATOR, 4TH FLOOR
(,[1Mll~:RI.AN[) COUNTY COIJRl110USE
CAAI.ISLE, PENNSYLVANIA 17013
TELEPIIONE: (717) 240-6200
AMl'.RICANS WI11I DISAIlII.ITIP.s ACT OP 1990
The Court of C:omllkltl Picas of Cumberlllnd County is required by law to COlIply
wilh the Amerlcllns with Disabilities Act of 1990. For inforllation about
IIccess i ble fllci lit ies Ilnd reasonllb Ie accommodllt ions avai lable to disabled
Indi\'lduals having business before the court, please contact our office. All
IHrlln!(Cments must he made III least 72 hours prior to IIny hearing or business
befnre the court.
,.
The defendant is ordered 10 stay away from any residence the plaintiff may in theuture
establish for herself.
The defendant is ordered 10 refrain from having any direct or indirect contact with the
plaintiff or the minor children including, but not limited 10, telephone and written
communications.
The defendant is enjoined from harassing and stalking the plaintiff and from harassing
her relatives, or the minor children.
The defendant is enjoined from entering the plaintifrs place of employment or the day
care facility of the minor children.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or owned solely by the plaintiff.
A riolatlon or tbb Order may subject the derendant tOI 0 III'ftSt under %3 Pa.C.S.
16113; U) a Plivate criminal complaint under 13 Fa.C.S. 16113.1, W) a cha...e or indirect
criminal contempt under 13 Pa.C.S. 16114, punlsbable by imprisonment up to six months
and a noe or $100.00.s1,ooo.00; and Iv) clvU contempt under 13 Fa.C.S. 16114.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court finds that the defendant has committed
an act of abuse or has enlaged in a pattern or practice that Indicates risk orharm to the plaintiff.
Temporary custody of Brandon P. Frye and Damon H. Frye, is hereby awarded to the
plaintiff, Teresa 1. Frye.
A hearing shail be held on this matter on the. ~Mday of April, 1996, at .:I: (JtJ P.m.,
In Courtroom No.]., Cumberland County Courthouse, Carlisle, PeMsylvania.
,.
TERESA 1. FRYE,
Plaintiff
and on behalf of her minor child,
BRANDON 1>>. FRYE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 96-
CIVIL TERM
PATRICK H. FRYE,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
NOTICE
You have been sued in court. If you wish to defend apinst the claims set forth in the
fOllowing pages, you must take action promptly after this Petition, Order and Notice are served,
by appearing personally or by attorney at the hearing scheduled by the Court and presenting to
the Court your defenses or objections to the claims set forth apinst you. You are warned that
if you fail to do so the Court may proceed without you, and a judgment may be entered against
you by the Court without further notice for any money claimed in the Petition or for any other
claim or relief requested by the plaintiff. You may lose money or property ur other rights
important to you.
FEFS AND COSTS
If the case goes to hearing and the judge grants a Protection Order, a surcharge 0($25.00
will be assessed aaainst you. You may also be required to pay attorney fees to Legal Services,
Inc. for their representation of the plaintiff.
You sbould CUe tbls paper to your lawyer at once. II you do not bave a lawyer or
caDDot afford one, go to or telepbone the omce set forth below to find out wbere you can
let legal belp.
COURT ADMINISTRATOR (4th FLOOR), CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE NUMBER: (717) 240-6200
AMERICANS WITII DISABWTIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 12 houn prior to any hearinl
or business before the court.
TERESA J. FRYE,
Plaintiff
and on behalf of her minor child,
BRANDON P. FRYE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 96-
CIVIL TERM
PATRICK H. FRYE,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
PETITION FOR PROTECTION ORDER
AND CUSTODY
IlET.IF.F UNDER THE PROTECTION FROM ABUSE
ACT, 23 Pa.C.S. 16101 et seq.
A. ABUSE
1. The plaintiff, Teresa J. Frye, is an adult individual whose permanent address is
822 Lisbum Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The plaintiff is temporarily Slaying at an undisclosed location for her own
protection and to avoid further abuse as is more fully set forth herein. This address will be
furnished to the court upon request.
3. The defendant, Patrick H. Frye, (SSN: 054-56-9688)(DOB: 5/25/60), is an adult
individual residing at 822 Lisbum Road, Carlisle, Cumberland County, Pennsylvania, 17013.
4. The defendant is the husband of the plaintiff and the father of the parties' two
children.
5. Since approximately 1991, the defendant has allempted to cause and hu
intentionally, knowingly, or recklessly caused serious bodily harm, to the plaintiff, committed
spousal sexual assault, physically abused the minor child, Brandon H. Frye, has placed the
('
plaintiff in reasonable fear of imminent serious bodily il\iury, and has knowingly engaged in a
course of conduct or repeatedly committed acts toward the plaintiff and the minor child including
following the plaintiff without proper authorization, under circumstances which have placed the
plaintiff and/or the child In reasonable fear of bodily injury. ThIs has Included, but is not
limited to, the following specific Instances of abuse:
a) On or about March 27, 1996, unbeknownest to the plaintiff, the defendant
followed her as she drove to pick up the parties' children, pulled in behind her
car, opened her car door, grabbed her by the wrist, and jerked her out of the car.
The plaintiff ran into the babysitter's home: the defendant followed her Into the
house, and attempted to take the children, The babysitter's husband told the
defendant to leave the house, and when he did not leave, the husband teleph~ned
911. The Carlisle Police arrived at the house and dispatched a unit to stop the
defendant who had driven away taldna some of the plaintiff's personal propeny
with him. The police retrieved the propeny from the defendant and returned it
to the plaintiff. Criminal harassment charges were ftleet against the defendant.
The plaintiff sustained soreness about her wrist as a result of this incident.
b) On or about March 21, 1996, the plaintiff was awakened from a nap by
the screams of the panics' 2 year old son, Brandon. The plaintiff ran downstairs,
saw the defendant violently shaking the child, then saw the defendant swing the
child against the washing machine causing the child's back to hit the machine.
Despite the plaintiffs pleas to the defendant to put the child down, he instead
grabbed the child by his ankle with one hand, took him upstairs dangling the child
2
up-side-down, then grabbed the child under his arms. slammed the child against
the wall, told him to go to his room, and hit the child on the buttocks as he ran
up the stairs. Later the defendant went to the child's room and made the child
hug him. The defendant told the plaintiff, "Look at him (Brandon), you can see
there are no marks on him. I intentionally banged him aaainst the washer
because it's hollow and would make a loud noise to scare him."
c) In or about mid-March, 1996, the defendant struck the parties' son,
Brandon, on his bare skin with a belt several times. The child sustained bruises
and welts on his legs as a result of this incident.
d) On or about February I, 1996, when the plaintiff told the defendant she
was leaving him and going to stay with her parents, he threatened her saying, "If
you love your mother and father, you had better think carefully about what you
arc doing because I am capable of terrible things when I'm pushed." The
plaintiff fcared that the defendant would hann her parents if she went to stay with
them. When the plaintiff told her mother that she would not be coming to stay
with them because of the defendznt's threat, the plaintiffs mother, fearing for the
her daughter's safety, telephoned the Pennsylvania State Police to advise them of
the plaintiffs situation.
e) In or about Augu~t, 1995, while the family was staying at a hotel at ~
Disney World in Florida, the defendant became angry with the parties' son,
Brandon, and struck him approximately 6 times about his legs with a belt. The
3
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child sustained red marks, welts and brulslnl about his leas as a result of this
Incident.
f) In or aboutl.te November, 1995, the defendant approached the plaintiff
In a threatenlnl manner and yelled at her threateninl, "Get out of the house now
while you stili can.. The defendant then went to the !dtchen, lot a knife and ran
after the plaintiff, who fled the home, The plaintiff ftared for her safety.
.) In or about July, 1994, the defendant locked the parties' son, Brandon,
then 1 year old, in a closet for several minutes despite the plaintiffs pitaS to let
him out. On two separate occasions lattr the same day, the defendant became
anlry with the child again, and locked Brandon in the trunk of the car. The air
temperature outside was very hot causin. the inside of the car trunk to be
extremely hot when the defendant locked the child inside. The defendantlet't the
child in the trunk screamin. and c:ryInl and went into the house. The plaintiff
cried and pleaded with the defendant to let the child out of the trunk, but he
refused sayinl. "As Ion. as you keep this (c:ryInl and pleadin.) up, I'm not
leninl him out." The plaintiff, fcarinl for her son's safety, went upstairs. When
the defendant took the child out of the trunk several minutes after each incident,
the child was screaminl and cryin. and drippinl with sweat from the heat.
h) In or about April, 1994, the defendant ripped the plaintiffs T-shin and
sweat pants off of her, cut them up, and cut up and burned her collele library
book. The defendant threatened the plaintiff saylnl, "I'll cut off your hair if I
4
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find that you've been cheatina on me." The plaintiff sustained a brush bum mark
on her neck as a result of this incident. In addition, the loss of the library book
to be used for a research paper caused the plaintiff to have to drop out of the
class and take the course over apin.
i) On or about January 16, 1994, the defendant threatened to punch the
plaintiff causina her to fcar for her safety.
j) On or about January 12, 1994, the defendant threatened to beat the
plaintiff, saying that he would do "time. for it causing the plaintiff to fcar for her
safety.
k) On or about January I, 1994, while the plaintiff held the panics' son,
Brandon, who was 8 months old, the defendant slapped the plaintiff in the mouth
with such force that it caused her to drop the baby and stumble backward. The
plaintiff fell against a nail protrudina from a door frame. The plaintiff sustained
a laceration on her back 5l:veral inches long, a bruised and swollen lip, and a
chipped tooth as a result of this incident.
I) In or about March, 1993, the defendant shoved the plaintiff, who was 7
months pregnant, causing her to fall backward. When the plaintiff tried to catch
herself from falling by grabbing onto a towel rack, it broke away from the wall
and she fell into the bathtub on her back. The plaintiff sustained bruises about
her back and legs as a result of this incident.
5
(
m) In or about September, 1992, the defendant shoved the plaintiff, who was
3 months prelnant, in the chest with suc:h force that she fell backward over a
couch. The plaintiff lot up and left the room, but the defendant followed her,
lrabbed her, and choked her until she lost consciousness. When the plaintiff
regained consciousness the defendant was talldng on the teJephone.
n) In or about 1992, the defendant struck the plaintiff about her body with
his fists and threw her aaainst the bathroom sink. As a result of her injuries
during this incident, the plaintiff was treated at the York HOJpital for a cracked
rib.
0) In or about the summer of 1991, the defendant used a baseball bat to
smash the plaintifrs bicycle, then picked up a mini.sud board, shoved it into the
plaintifrs neck, pushed her backward against the wall with it, and chased her
from the prqe with the baseball bat. The plaintiff left the home for several
hours. When she returned, the defendant seemed calm, but when they retired for
the eveninl. the defendanqt sodomized the plaintiff despite her cryinl and
pleadinl with him not to do this to her. The defendant told the plaintiff that
sodomizinl her was the only way he would "foflive" her. The plaintiff sustained
rectal bleeding as a result of this incident.
p) In or about the summer of 1991, the defendant lOre a piece of broken
moulding with nails in it off of a door jamb, repeatedly struck the plaintiff about
her leiS and body with it, picked her up and threw her down onto stairs several
6
/
times, lrabbed her legs, twisted them and jammed them against her body. The
defendant threatened the plaintiff saying, "I'm going to kill you nOWj this time
I am loin& to kill you." and choked her with such force that she lost
consciousness. The plaintiff sustained soreness, bruising, wellS, and lacerations
about her legs and body, and bruising and red marks about her neck as a result
of this incident.
q) In or about May, 1991, the defendant choked the plaintiff and back-handed
her in the face. The plaintiff sustained bruising and swelling about her temple
and eye, and red marks and scratches about her neck as a result of this incident.
6. On or about March 22, 1996, the plaintiff and the two minor children left their
residence at 822 Usbum Road, Carlisle, Cumberland County, Pennsylvania, in order to avoid
further abuse.
7. The plaintiff believes and therefore avers that she and the minor child are in
immediate and present danger of abuse from the defendant and that the)" are in need of
protection from such abuse.
8. The plaintiff desires that the defendant be prohibited from having any direct or
Indirect contact with the plaintiff or the minor children including, but not limited to, telephone
and written communications.
9. The plaintiff desires that the defendant be enjoined from harassing and stalking
the plaintiff, and from harassing her relatives, or the minor children.
7
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10. The plaintiff desires that the defendant be restrained from enterin& her place of
employment or the day care facility of the minor children.
11. The plaintiff desires that the defendant be enjoined from removins, damqinS.
destroyinS or sellins any property owned jointly by the parties or owned by the plaintiff.
B. EXCLUSIVE POSSF8SION
12. The plaintifrs current residence is undisclosed for her and the parties' child's
protection. The plaintiff is asking the Court to order the defendant to Slay away from her
current residence and any other residence she may in the future establish for herself. The
plaintiff is not seeking the eviction of the defendant from his residence.
13. The plaintiff desires the defendant to provide suitable alternate housing for her and
the minor children.
C. SUPPORT
14. The defendant has a duty to support tile plaintiff and the parties' two minor
children.
IS. The plaintiff is in need of fmancial support from the defendant including, but not
limited to: health insurance coverage, payment of unreimbuned medical expenses for the
plaintiff and/or the children, and any other reasonable costs necessary to sustain herself and the
children until further Order of Court through Cumberl;uid County Domestic Relations office.
16. The defendant has an office in his home at 822 Usbum Road, Carlisle,
Cumberland County, Pennsylvania, is self-employed as a disc jockey and is also the owner of
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, I
Since their blnhs the children have resided with the followlna persons and at the
followlna addresses:
~
Add_-
Dala
Plaintiff
undisclosed locatlbn
Plaintiff and defendant
822 Usbum Road
Carlisle, PA
March 22, 1996
to the present
May 12, 1993
to March 22, 1996
The plaintiff, the mother of the children, Is Teresa J. Prye, currently resldlna at an
undisclosed location for her own protection and that of her child.
She is married.
The plaintiff currently resides with the following persons:
tiaml
RelatlolL'Ihlp
Brandon P. Prye
Damon H. Prye
her son
her son
The defendant, the father of the children, Is Patrick H. Prye, currently residina at 822
Usbum Road, Carlisle, Cumberland County, Pennsylvania.
He is married.
The defendant currently resides alone.
2:2. The plaintiff has not previously participa~ in any litiption concemina custody
of the above mentioned children in this or any other Court.
23. The plaintiff has no knowledge of any custody proceedings concerning this/these
children pending before a court in this or any other jurisdiction.
10
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24. The plaintiff docs not know of any penon not a party to this action who has
physical custody of the children or claims to have custody or visitation rights with respect to the
c:hiJ.dren.
2.5. The best interests and pennanent welfare of the minor children will be met if
custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons
Including:
a. The plaintiff is a responsible parent who can best take care
of the minor children and provided for the emotional and physical
needs of the children since their births.
b. The defendant has shown by his abuse of the plaintiff that
he is not an appropriate role model for the minor children.
c. The defendant's behavior has adversely affected the
children.
WHEREFORE, punuant to the provisions of the "Protection from Abuse Act" of October
7, 1976,23 P.S. f 6101 ~ .., as amended, the plaintiff prays this Honorable Court to grant
the following relief:
A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:"
1. Ordering the defendant to refrain from abusing the plaintiff andlor
the minor child andlor placing them in fear of abuse;
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2. Orderinll the defendant to refrain from havinll any direct or
indirect contact with the plaintiff or the minor children Includlnll, but not
limited to, telephone and written communications.
3. Orderinll the defendant to refrain from harassinll and stalkinll the
plaintiff and from IwassinS her relatives and the minor children.
4. Prohibitinll the defendant from enterlnll the plaintifrs place of
employment or the day care flclUty of the minor children.
,. Prohibitinll the defendant from removinll, damaainll, destroyinll or
sellinll PIOp.;ny jointly owned by the parties or owned by the plaintiff.
6. Orderinll the defendant to stay away from the plaintifrs current
residence at an undisclosed location.
7. Orderinll the defendant to stay away from any residence the
plaintiff may in the future establish for herself.
8. Orderinll the defendant to provide suitable alternate housinll for the
plaintiff and the minor children.
9. Grantina support to the plaintiff and the parties' two minor
children in the amount of $625.00 per week payable to the plaintiff in the
fonn of a check or money order, mailed to her address, and orderinllthe
defendant to provide health coverage to the plaintiff and the parties' two
minor children, directinll the defendant to pay all of the unrehr.buned
medical expenses of the plaintiff and/or minor children of the defendant
13
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CERTIFICATION OF BAIL
AND DISCHARGE
I 'j II Il I; ( ,,: ,I. t~1 J
lIlt,,)
COMMONwi'\l.-r-,i-~i~ i/)oJ';"'d'W11 M~llII .Il'''' A,"'"'h.\1
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1996-1679 Civil Te
I
P/III I)~ f'HMH,~I~H
")IM"oI,
Patrick H. Frye
822 Lisbum Rd.
Sarlisle, PA 17013
rat Ron lno 6urt.ltyl ( I Nlllll1t1ll18..11
D 8011 t1()tulnnloonl 5t..'1, I' anv) $
-~------.- .--
rJ COOOIIIOIIS ur A,hmMt lil~llll! /11111I ,lIlpemlllg ,II wurl wlum 't!tllllll~tll
Contempt
(violation of Protection
from Abuse Order)
Appear at hearing scheduled
F'riday January 31, 1997
at 11100 A.M.
01/31/97
TU
Nl::xr UlUHT ACTION
I'," .""" Court roan 81
11100 A.M. ,Cumb. Co. Cour-tlwwia
I J DIlIt.II1IIOl1 el'nlt" L I Olht!r
11"'1 M,II 11"'~1
I hl'rl!by t;I'rllty 111011 61J1l1I.:111I1I blllll1mi bl'f'll t!lllumd
[ -J By Ihi' dl'lellltnnl
I' ] On bahnll of 100 de'l'l1dnnt by'
SfCUHITYOH I\ll~lf."Y-li,. ...NY-I"
o Cash In full amount of bnll
o Percentage cllah boll
o Money lurn"hod by
o o..r.ndunl
[13nJ Parly
Ju()(i:{)Flls611tNO-~lJ'TI:i( IHI r v
1~.~t_u~_~~_(tl~~.~m,_I~ ~ltlce!J6nry)
Hon. Harold E. Sh~lyP.J.
APPEARANCE OR BAIL BOND
(Mil"" '" A,h/U'1>1> "I Sl....,.~VI (Lte.... NoI
. AtJltJlld 01 CII511 bllll will bu mado wlltlin 20 dnys uller
linnl tJl6po8ltion, tPn Rer P40 15thl)
. RI!lul1tl 01 nil olhl.'r tYPP5 /)1 bili! Will be m{lda promplly ottor
;'0 LlllY5 foUowiny linul dI6po51lil.)n (Pu,R,Gr,P.40 15(0))
. BrlllH Cn6h Bull RecClpllo Clllrk 01 Court.
DIOCHoIlHiE THE ABOVE ,NAMED DEfENDANT fROM CU,TOOY IF
DI rAINED I'JIl 1m OTHER CAUSE THAN rHE ABOVE STATED
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS AND UNTIL
FULL AND FINAL DISPOSITION OF THE CASE INCLUDING FINAL
DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR
APPEAL TIMELY FILED IN THE SUPREME COURT OF THE UNITED
STATES,
llIW!l IJluh'r Illy hllnd ,1/111 Ihl' OIlKlil1 Sl'al 01 this Court
1I,,,, 27th ""y "I JanUBl:Y
<1:1 :~.~",~',,~r ~
, ~~,,~, 19 97,
~. ~.___ISEAL)
WE. THE UNDERSIGNED. defendont IInd surety. our 8UCC6Sbor~. hoirs I1l1d tHIS gnA. IIro jointly and 1I8vernlly bound 10 poy 10 the
Commonwealth of Pennsylvania th., lIum of dollars IS ._~_~~),
SEE REVERSE SIDE FOR BAIL CONDITIONS
TO BE USED ONLY FOR PERCENTAGE CASH BAIL:
Thl~ IJnd,-,r..,lqru'd .ll.)IJII() bl',~nJl11" SlIrd, '11 !hl' ,:;!:il' uh~d 11t'Il'ln IlI'lIh) 'hlly ~,Wmnll)r ;11I,rrrll'd). 111'P()!';I!~ ;.IrHl !,;<lyH
I rl'~)ldl' 011
illY phone number 16 ___.
illlcl my IlCLul;illr')lllr;
dllll I wUlk I';r
'2 Illi!Vp no Imdlbj,lll-il'd ul.-..rlll1lnlll Ul~~'~' llllnUl~;1 IllI! pl,tHln'"
1J111lt.' CI)(111:) 1)lltl" dloll'hilUj CnliJll'l, '!JlU'1I1 01:, 1,)lhJw~,
:j I ,Iln !lol :lllll'ly !.Ir1 <lilY IJund olllny kind e)CeplllB follows:
l'ldt M,l"I!NI DEFENDANT
,I I !loWI' 1';lrl'lull'l I!'Old Ihl' If)rt)OOUllJ allidnvlt OIr,d know It Ie
Irul:' .HlI~ l.lllll'd
I ACKNOWLEDGf. THAT I AM LEGALLY RESPONSIBLE FOR THE FULL AMOUNT OF THE BA'II.. -)
The fol/o\<wno ,lcknllW!f'df}I'lI1llfrt !,', ,'JIm) ilpolled')/!.' . ...... _".:
If PercV/l/i1fJI1 C.l~f1 Hili ,.', used, X. . .. '--
lO,r.Alll1'1"lllllr,L'f\1\,1
THIS BOND S'l,NtD ON January 27, '" 97
Car lisle
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$l\Jnt'd and dclo.llIJwll'(\ql,tll)f'lun, 1Il1' Ihlt-;
27th ,j"y,,1 January
l!l 97
S'fl'mtufO at SIJmly (MeW ho BoneJsmrul, Bml Auencv, 01 ,.".
melll/lellwl tN orOiJnuiJI,olJ), Ellr.t.'pt whon cJl~'"ndant Is ~ Oft Nt
OW" mco(Jnilll11ClJ (HOR), Ihlli mlJ..'it be s/(Jf111d In all baJI Ii~
me/vcllflll nO/1l,n;11 bml
~~,...,c...",~~:"
~PUty Prothonotary
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ORIGINAL
CERTIFICATION OF BA
AND DISCHARGE
COMMONWfAl'ljy8i~;~,,..,,. .~;'i.;~~~i'
IOTN
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1996-!fj79 Civil
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DAlf. (IF CHAAl1t=f61
Patrick H. Frye
822 I.isburn Rd.
-_ClJJ:U~!t!l_J)~J 7(),1~
G(ROR Ino 6urety)
o Bull !total amount Iiet, It any,
____'_U___.__... ..n....___.,."
tJ eondihollf) 01 RehJlllSll (aMdfl Imm DppltIIfUl[J at Cuu/I whlw rI!QIJU8tJ)
[] Nomi/llll BIIII
$
Contempt
(violation of prnt.eetion
frClll Ahlls~ Order)
NE X T CllllfIT ACTION
[1()l"TIl!N
Courtroan U
uQIIJ1/97. - ll:DO lWk CUIrob,,:o..u
TO I..) OtJlenflotl Center L] Other
Appear at helll'inq smedulf'<i
Friday January 31, lq97
at UrOO A.M.
IJ/df ANn IIMI.
I hereby cerllly thai sullicrent boil has be~n entered
[I By thu dehmdunt
DOn behulf of the defendant by
____._..____-!n!~~~.~~dd6n~~! ~?~~_lr~J.
seCURITV OR S!JIUlY 7iFAN~--
o Caah In tull amounl 0/ bllll
o Pen:entage cash bail
o Money lurnlohlld by
o DoI.ndanl
o 3rd Pnrty
JUOOfOR-I~ijiNGAUTI:i,:iiiiv-..-.-.-~.
fMIlIItI" Alllfllf..li1SlIfJlfyl
(Lie"'" No.)
. Rolund 0' c/llsh boil will be modt;! within 20 days after
lillol dispO/sillon lPuRCr P40 151b) I
. Refund 011111 other types ot ball will bo made promptly otter
20 dUYli following llnol disposition. (Pa.R.Cr,P.40 15(8))
. Bring Cash Snil Receipt 10 Clerk of Coorl
_Hon,_ HaJ:l:l!.<!~F~SI1...~ly"p-"J.
APPEARANCE OR BAil BOND
THIS BOND IS VALID FOR TilE ENTIRE PROCEEDINGS AND UNTIL
FULL AND FINAL DISPOSITION OF TilE CASE INCLUDING FINAL
DISPOSITION OF ANY PETITION FOR WRIT OF CERTIORARI OR
APPEAL TIMELY FILED IN TilE SUPREME COURT OF TilE UNITED
STATES,
--.-._.._--_..__.._.-._----_..._._--_..~- ---.-----.---
015C,HARGE THE ABOVE NAMED I)EfENDANT FROM COSTODY IF
DETAINED fOR NO OTHER CAliSE THAN THE ABOVE STATED
Glv~.'fllJndt'r Illy hond ,md tho Olhr.inl Stllll 01 IhilS Court
27th
dllY l)f
J'A/J\UlI1'. .'.___._, 19..21,
111m
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/ Icrnt~ 0' (01"/ rW 1~1Jl111I11 't"h<lll/jl I . ,/
WE. THE UNDERSIGNED, defendant and surery. ou, suecealSors, hei,,, and assigns, "r8 jointly and severallv bound to p.v to the
Commonwe.lth 0' Pennsvlvania the sum 0' - dollors IS _ __.__..._1.
SEE REVERSE SIDE FOR BAil CONDITIONS
TO BE USED ONLY FOR PERCENTAGE CASH BAIL:
The undersigned Ilbout to become Surety in tho CI.lfW cited hlm~in, tlt.'lnO dlJly ~;worn (or nlllrllled), deposes nnd snYB
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I resirje lit
und my occuputIOIlIS__
my phono numbor Is
. .md I work tor
2. I have no undisposed 01 crimi nul ClJse~ ngllln6t me pundlnu
in the Courts 0' the aforesaid County. oxcept 35 'allows'
~l lllln !lot Surely on nny bond at any kind O.llcopt os toUows
IlArE AMIJUNT OlFF,NDANr
4. I have c:arE.!futly rtlmJ the foregoing a'fidllvll llnd know It Ie
Irue nnd corrtlc!.
-~_.__._.~..._--_..~_.__.._._-~. ._----. -- - ..- --
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE fOR THE FULL AMOUNT OF THE BAII,.--/)
The following acknowledgemeflt is also appllcsble '-'"/
/I Pen:entage Cash &"IS IIsod, ,X,_ . ., ..', .. .' -', 'l...--
,1l,NAIUH(! (if' nr:FrNIJANf
THIS SOND SIGNED ON _ .T:lm",ry 21.,
nL_ ___,..__ -Carlisle
(SEAL)
:0 n
PFNNS',[VANIA
Signed and ncknowlceJgel1 belore me tllis
__n_th d"y 01 ,la_nUill:)'
ISEAL)
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Signaturo 01 Surety (May be 8one/sman, Ball Agency, or private
individual or orgiJfJIl{)tlonj. E'xC/;'Pf when defendant Is felfJ8sed on his
own recognual1c(J (ROfl), this mWit be .'iJ!1f'ed in all ball sItuations,
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TERESA J FRYE,
IN TIlE COURT OF COMMON PLEAS OF
Plainlill'
for herself and on behalf of her millor
children BRANDON PATRICK FRYE.
and DAMON IIAROLD FRYE.
v
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION -I.AW
NO '16-1679 CIVIl. TERM
PATRICK II FRYE.
Defcndant
PROTH'TION FROM ABUSE AND CUSTODY
OROt:R FOR PROn:CTION
A 0 t: n:NS N I'OR AOIUTIONAI. n: R
AND NOW. this );1 , of Ja~l:u . I ()<)7. upon presentation and consideration of the
within Petition, and upon finding that the plaintitJ: Teresa J Frye. and the purties' minor children.
Brandon Patrick Frye and Damon lIarold Frye. now residing at 12lJ2 North George Street, York,
York County, Pennsylvania, arc in immediate and present danger of abuse from the defendant,
Patrick II. Frye This ('ourt's Temporary Protection Order entered on March 28. 1<)<)6, is
vacated and th~, following Order is entered for a period of one year
The defcndant. Patrick II Frye. (SSN lJ54-56-9(88)(DOB: 5/25/(0), is an adult
individual currently incarcerated in ('umberland County Prison, ('arlisle, Pennsylvania, whose
permanent address is 822 Lisburn Road, ('arlisle, Cumberland ('ounty, Pennsylvania, is hereby
enjoined from physically abusing the plaintitJ~ Teresa J hye, or the parties' minor children, or
from placing thcm in lear of abuse,
The detendant is ordered to stay away from the plaintitJ's residence located at 1202 North
George Street, York. York ('ounty. Pennsylvania. a residence which is owned by the plaintiff's
parents. Patricia and Jamcs Rowbollom. to which the plaintill' and the minor children moved to
avoid abuse. and is ordered to stay away trOlIl any residence the plaintitJ. lIlay in the future
establish for herself
The delendant is ordered to relrain from having any direct or indirect contact with the
plaintilf or the parties' minor children including. but not limited to. telephone and wrillen
conllnunications
The delendant is enjoined Irom harassing and stalking the plainlitl. and Ihun harassing her
relatives, or the parties' minor children
The defcndant is cnjoined Ihull elllering the plaintitl's place of employment or school or
day care lacility of the parties' minor children
The dclendant is enjoined Irom removing. damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintilr
A violation of this Order may subject the defendant tu: i) arrest under 23 Pa.C.S.
~6113; ii) a private criminal complaint under 23 Pa.C.S. !l6113.1; iii) a char!!e of indirect
criminal contempt under 23 Pa.C.S. !l6114, punishable by imllrisonment up to six months
and a line of $100.00-$1,000.00; and iv) civil contemlltnllder 23 Pa.C.S. !l6114.1.
This Order sball remain in ellecl until modi lied or terminated by thc ('ourt and can be
extended beyond its original expiration date if the ('ourt linds that the detendant has committed an
act of abuse or has engaged in a pall ern or practice that indicates risk of harm III the plaintitf or
the parties' minor children,
Custody of the minor children. Brandon Patrick Frye and Damon Harold Frye, is hereby
awarded to the plaintill Teresa J Frye
The I'ennsylvania State Police and any other appropriate police departments shall be
provided with certilied copies of this Order by the plaintitl's attorney, This Order shall be
enforced by any l'Iw enlllTcement agency where a violation occurs by arrest lor indirect criminal
contempt without warrant upon probable cause that this Order has been violated. whether or not
the violation is commilled in the prest'nce of the police ollicer In the eventlhat an arrest is made,
under this section. the delendant shall be taken without unnecessary delay belore the coun that
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hold the metal rod like a baseball bat. strock the plaint ill' in the leM while telling her
that he did not believe her answer was Inllhlill The delendant raised the metal rod
aMain. tellinM the plaintill: who was writhinM in pain from beinM strock on her knee.
that he would strike her aMain if her answer to his question WIIS incorrect The
plaintill'len the house aller the delendant fell usleep, und telephoned l) II lor help,
The Pennsylvania State Police urrived, arrested the delendunt, charMed him wilh
simple assuult and Indirect ('riminul ('onlempl oflhe Temporury I'rotection Order.
and took him to Cumberland County Prison The delendant remains in
Cumberland County I'rison on detuiners from York County Probation Ollice lor
violation of his probation for a prior conviclion in York County on an Indirect
Criminal Contempt charge or this sume Temporary I'roteclion Order The plaintill'
souMht medical treatment lilr her injuries at ('urlisl\: Hospital later Ihe same day,
The plaint ill' sustained lacerations. bruising and swelling about her knee as a result
of this incident causinM her to huve dilliculty walkinM lor several days
b) On or about January 21. 1997, when the plaint ill' told the defendant that
she wanted to separate Irom him und relilsed 10 sign a custody agreement on his
terms. he grabbed her by tbe neck with one hund, pinned her against the back of
the couch. and choked her until she lost consciousness After she had reMained
consciousness. the plaintit1: who sustained a severe headache as a result of being
choked, took a nap, When she awoke. Ihe plaintil1'tilllnd Ihe parties' 2 and 3-year
old children locked in their room As she changed the 2-year old Damon's diaper.
she discovered bruising and welts about the backs of his legs. and then checked
Brandon. the 3-year old. and saw that his legs were bnlised as well, The plaintilf
asked the delendant what had happened to the children while she slept. and he told
her that he had hit them with his belt because they were bOlhering the Iilmily cal.
The plaintilTtook the children to the Carlisle 1I0spitalt(lr treatmenl of their injuries
on January 23. 1997, and Cumberhmd County Children & You:h Services
(CCC&YS) was notilied CCC&YS has an open case on this mailer while the
investigation is ongoing
c) On or about January 7. 1997. as the plaintill' and defendant lay in bed. the
delendant struck the plaintill'in the Iilce, When the plaintilf told the delendant that
she was going to leave. he told her that she was nol leaving until the swelling
about her Iilce subsided. and Ihreatenetlto take the keys to their vehicles and
remove the distributor caps so she could not leave. which he did, The plaintilf
sustained a bruised eye. lacerations inside her mouth causing bleeding, and
bruising. s',velling and soreness aboul her lip and mouth The injuries to the
plaintill" s mouth and lip rendered her unable to cat food for several days and she
was only able to take liquids by using a child's spouted cup to pour liquids into the
other side of her mouth while her head was tilted back The defendant refused to
allow the plaintitf to seek medical treatment for her injuries
d) On or about Decembcr 12. 1996. at approximately 11:00 a.m,. the
delendant ripped the plaintitl"s nightgown oil' of her, and shoved her out the front
door in the snow The plaintitl who was nude, ran to the car thr shelter. and
linding thaI the delendant had lell his keys in the ignition, drove naked Ii-om
Carli~le to her parents' home in York
e) In or ahnutmid.November. IlJ<J6. the delendant slapped the plainlill'in the
lace The plaint ill' sustained bruising llnd swelling about her lace as a result of this
incident.
I) Since approximately mid-November. 1996. the delendant has abused the
plaintill' in WllYS including. but not limited to. the above incidents as well as
sexually abusing her on II weekly basis. and on severaloccasiol1s. when the plaintill'
and delendllnl were driving in the ~ar (sometimes with their children in the car),
Ihe delendant stopped the car alongside a road or Interstate highway. pushed the
plaint ill' out. and lell her on the side of the road The plainlill' oil en had to walk
long distances to get home or call tilr a ride In addition. the detendant has
threlltened the plaintitl' sllying. "Every time I look at you I want to bash your brains
in with a hammer". "The only reason I kcep you around is so I can slap you around
when I wllntto and so you can waldl the kids tilr me I only got you to reconcile
with me so I could punish you tin being with someone else"; "I don't want to stop
being violent toward you. I wllnl 10 be violent loward you,... "I know that I'm
going to lose control one of these times. and I don't want to go 10 jail; but if I have
to go to jail. ,. m going tomllke il worth my while" The defendant also threatened
the plainlill' regarding an ocean cruise they had planned to go on with their children
saying. "You'd better stay away from the railing because I might be tempted to
push you overboard" The defendant also told the plaintill'that he has contacted
.
.
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TERf3A J, FRYE,
Plaintiff
and on behalf of her minor child,
BRANDON p, FRYE,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 96-1679 CIVIL TERM
PATRICK H. FRYE,
Defendant
.
: PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR CONTINUANCE
AND NOW, thb~Wday of May, 1996, upon consideration of the attached Motion for
Continuance, the matter that wu scheduled for hearing on Monday, April 29, 1996, at 4:00
p.m" by this Court's Order of April 19, 1996, is hereby continued generally. This Order is
entered without prejudice to either party to request a hearing,
The Temporary Protection Order shall remain in effect until further Order of Court.
Certified copies of this Order for Continuance will be provided to the appropriate police
departmenu by the plaintifrs attorney.
By the Court,
~ 1 l\.~,~ (\~l..' ,);. -'....
George E. Hoffer, JUdie
Joan Carey
LEGAL SERVICES, INC.
Attorney (or Plaintiff
Keith B. DeArmond
DeARMOND" DeARMOND
Attorney for Defendant
p;:;s CC ,:"1' ;'~;lOM FH.:C;.>:-: r.
::1 T ~~.tt;l~~"j ~; ".t! ~-~f I 1 hfoJr'" unto ~.et :r .' I .' ..;
'..:J tho w.\i ~! ~...1\'.; "::"Jr. at Carl:$It:,
ihi~ :J?,' ,I day (11",- '1 ' Hi "..
m(I)l{,,~t'I'1 .,.
Protllonotary
. .
IN THE COURT OF COMMON PLEAS OF ~ORK COUNT~, PENNSYLVANIA
PATRICK H. FRYE
No. 96-SU-04713-02C
vs.
TERESA J. FRYE
Custody
Keith B. DeArmond, Esq.
For Patrick H. Frye, Father
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APPEARANCES:
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For Teresa J. Frye, Mother
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o R D E R
In this matter the parties appeared before Steven M. Carr,
Conciliator with regard to Father's complaint for C1lstody of the parties
two children, Brandon P. Frye, born May 12, 1993 and Damon H. Frye, born
January 15, 1995. The parties were able to reach an agreement on this
matter at the conciliation conference, which agreement is adopted as an
Order ot this Court.
Accordingly, the parties shall share legal custody of the
children and shall also share physical custody of the children as
follows:
Father shall have custody ot the children each week trom
sunday at 2:30 p.m. until Wednesday at 6:30 p.m., beginninq, Sunday,
October 27, 1996.
6'4f/~ ,r i3
Mother shall have custody ot the children each week trom
Wednesday at 6:30 p.m. until the tollowing Sunday at 2:30 p.m.,
beginning Wednesday, October 23, 1996.
In addition, tho parties shall share custody on alternate
holidays, the said holidays being New Year's Day, Memorial Day, Fourth
ot July, Labor Day, and Thanksgiving Day trom 9:00 a.m. until 6:30 p.m.,
with Father exercising rights on New Year's Day, 1997 and Mother
exercising rights on Thanksgiving Day, 1996 and so on.
Mother shall have custody on Mother's Day each year trom 9:00
a.m. until 6:30 p.m, with Father having custody on Father's Day each
year trom 9:00 a.m. until 6:30 p.m.
For Christmas, in even numbered years, Father shall have
custody trom 12:00 noon on December 24 until 12:00 noon on December 25
,
with Mother having corresponding rights trom 12:00 noon on December 25
until 12:00 noon on December 26. In odd numbered years, Mother shall
have custody from 12:00 noon on December 24 until 12:00 noon on December
25, with Father having corresponding rights from 12:00 noon on December
25 until 12:00 noon on December 26.
For the childrens' birthdays, in odd numb9red years, Father
shall have custOdy ot Brandon on his birthday from 9:00 a.m. until 6130
p.m., with Mother having custody of Damon on his birthday from 9100 a...
until 6:30 p.m. In even numbered years, Father shall have custody ot
Da.on on his birthday trom 9:00 a.m. until 6:30 p.m. and Mother ahall
have custody of Brandon on his birthday trom 9:00 a.m. until 6130 p,.. '
Each party is entitled to one week of uninterrupted custody
tor the balance of calendar year, 1996, upon 7 days written notice to
2
the other. For calendar y~ar, 1997 and thereatter, each party shall be
entitled to two one-week periods ot uninterrupted custody which periods
can be consecutive in any given calendar year. This shall be done upon
30 day. written notice to the other party. In the event ot a contlict,
the party tirst giving notice shall prevail.
The transportation burden shall be shared with the parties
taking the children to the mutually agreed upon drop-ott points. At the
present time, it Mother is working, the drop-off point shall be the Bob
Evans at Exit 18 on Interstate 83. If Mother is not working on that
particular day, the transfer time shall be the Rossville Texaco station.
Each party shall be entitled to reasonable telephone
privileges with the children while the children are in the custody and
control ot the other.
Each party shall keep the oth'lr apprised of their current
telephone number and current addresses.
Each party is further directed to refrain from making any
disparaging or negative remarks regarding the other either directly to
the children or in the presence of the children.
In addition, the parties are ordered to attend the Family-
Child Resources custody workshop and file a certificate ot attendance
with the Prothonotary and opposing counsel within 60 days ot the date ot
this Order.
The parties are commended by the Court tor reachin9 an
agreement on this matter. It is hoped that the parties will continue to
agree and cooperate with the view toward the best interests of their
children.
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TIRISA J. PRYI,
Plaintiff
and on bebalf of ber
obild BRANDON P. PRY.
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V.
PATRICK H. PRYI,
Defendant
IN THI COURT 01' COIDION PLIAS 01'
CUMBIRLAND COUNTY, PINNSYLVANIA
96-1679 CIVIL TIRN
CIVIL ACTION - LAW
PROTICTION PROM ABUSI
IN RII BIARINa CONTINUED
OaDlR 01' COURT
AND NOW, tbis 27tb day of January, 1997, tbe
alleged violation of a protection from abu.e order was filed a.
a re.ult of an incident between the above two parties on January
23rd, 1996, wben tbe State Police were called to an inoident in
Monroe Town.bip wbere apparently botb partie. were living at
tbat tillle.
At tbe hearing that wa. .cheduled for today, Mrs.
Prye did not appear. Mr. prye indicates that as a result of
tbis incident she bas removed herself from tbe premis.s wbere
tbey reside, and is now living with her motber in York. In any
event, apparently tbe prosecution was not able to get notice to
ber of today's hearing, and, therefore, I will continue tbe
hearing until Priday, January 31.t, 1997, and I would ask tbat
tbe District Attorney'. Offioe get notice to her of tbis
partioular bearing and tell ber .he has to appear or I em going
to discharge the ftllegation.
Travis N. aery, Isquire
As.i.tant District Attorney
Probation Sberiff lmal
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By the Court,
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Harold I. Sheely,
Timothy L. Clawves, Isquire
Assistant Public Defender
. .
TlaUA J. 'RYI, .
Plaintiff .
for her.elf .nd on b.h.lf .
of h.r minor children. .
BRANDON PATRICK 'RYI, I
.nd DAKON HAROLD 'RYI I
.
V. I
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PATRICK H. 'RYI, I
D.hnd.nt .
IN THI COURT 0' COMMON PLaAS 0'
COMBIRLAND COUNTY, PINNSYLVANIA
CIVIL ACTION - LAW
96-1679 CIVIL TIRM
PROTICTION 'ROM ABUSI AND CUSTODY
IN RII INDIRICT CRIMINAL CONTEMPT
BI'ORI SHIILY. P.J.
MEMORANDUM OPINION AND ORDIR 0' COURT
Judge Hoffer i..ued a temporary protection ord.r
in connection with a protection from abu.e incident. Thi. order
wa. entered on March 28th, 1996. and emong other thing. it
directed that p.trick H. 'rye be enjoined from phy.ically
abu.ing the Plaintiff, Tftre.a J. 'rye, or the partie. children,
Br.ndon P.trick 7rye and Damon Harold Prye. Thi. temporary
order wa. continued by Judge Oler by Order dated May 21.t, 1996,
and thi. indicated that the temporary protection order .ign.d by
JUdge Hoff.r would remain in effect until further Order of the
Court.
The hearing today concern. a1leg.tion. of abu..
on two occa.ion.. On the one occa.ion it'. .11eged that in the
early morning hour. of Janu.ry 7th, 1997, at the partie.
r..idence in Li.burn Ro.d, Cumberland County, the Defend.nt
.truck hi. wife, Tere.a J. Prye. in the mouth while they w.r. in
b.d, o.u.ing bleeding and .welling of the mouth and other faoial
.r....
The .econd .llegation i. that on January 20th,
1997, .1.0 .t the .ame re.idence in the early .fternoon Mr. 'ry.
choked hi. wife to the .xtent th.t .h. w.. rendered unoon.ciou.,
. I
There wa. al.o an alleg.tion on that date alleging that Mr. Frye
did abu.e one of hi. children by .triking him with a belt.
Now, Mr. prye took the .tand a. a witne.. and he
admitted that he did .trike hi. wife in the mouth in the early
morning hour. on January 7th, 1997. He .aid it wa. dark in the
bedroom, and he really wa.n't .ure, I don't think, where he
actually did .trike her, but he did admit hitting her on that
occa.ion. A. to the January 30th, 1997, incident, Mr. Prye
indicate. that he did not remember that incident.
Con.idering the credibility of the partie.
concerning the.e incident., I find a. a matter of fact that the
Defendant, Patrick H. Prye, did on January 7th, 1997, abu.e hi.
wife, Tere.a J. prye, by .triking her in the mouth, and I al.o
find that Mr. Prye d1d abu.e hi. wifa, Tere.a J. Prye on January
30th, 1997, by choking her to the extent that .he beceme
uncon.ciou.. Obviou.ly making tho.e finding. certainly doe.
ju.tifya finding of abu.e on both of tho.e incident.. I
.entence the Defendant on tho.e violation. a. follow.,
On the January 7th, 1997, incident I find the
Defendant guilty of indirect criminal contempt of court. I
.entence the Defendant to a periOd of 30 day. in the Cumberland
County Pri.on. On the incident of January 30th, 1997, I al.o
find the Defendant guilty of indirect criminal contempt of
Court. I .entence him to the Cumberland County pri.on for a
period of 30 day.. Thi. 30 day. to run con.ecutive to the 30
day. impo.ed for the January 7th, 1997, incident.
It i. my intent that the Defendant will .erve SO
day. in jail a. a re.ult of the.e two incident. to date from
today. He may be paroled at that time without further Order of
the Court upon .erving that time in pri.on.
..
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i} SEP 1 0 1991
, .
. '
TERESA J. FRYB,
Plaintiff/Respondent
for herself and on behalf of her
minor childrenl BRANDON PATRICK
FRYE and DAMON HAROLD FRYE,
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I CIVIL ACTION - LAW
I NO. 96-1679 CIVIL TERM
PATRICK H. FRYE,
Defendant/petitioner
I PROTECTION FROM ABUSE AND
CUSTODY
PI'lITION ..OR BlARING AND CANC!!T,T,~TION 0.. CUSTODY ORDIR
AND NOW, comes the above named Defendant, Patrick H. Frye, by
and through his attorney, Jay R. Braderman, Esquire, and moves your
Honorable Court for relief as followsl
1. Your Petitioner is Patrick H. Frye whose permanent
address is 822 Lisburn Road, Carlisle, Cumberland County,
Pennsylvania 17013. He is presently incarcerated in the Cumberland
County Prison for violating a Protection from Abuse Order.
Petitioner is due to be released from the Cumberland County Prison
on or about November 1, 1997. He is presently on work release from
the prison and is employed during the day and returns to the prison
at night.
2. Respondent/Plaintiff is Teresa J. Frye whose i8 believed
to reside at 1202 North George Street, York, York County,
Pennsylvania. She is believed to reaide there with the partie.'
two minor children, Brandon Patrick Frye, age 4 and Damon Harold
Frye, age 2.
3. On January 31, 1997, Judge Harold E. Sheely entered an
Order for Protection whereby your Petitioner was ordered to refrain
from having any direct or indirect contact with the Plaintiff or
the Plaintiff's minor children. In that same Order, custody of the
minor children was awarded to Respondent Teresa J. Frye without any
rights of custody or visitation reserved to your Petitioner
whatsoever. The Order of January 31, 1997 was entered for a period
of one year and was entered without the opportunity for a hearing.
Copy of said Order attached hereto as Exhibit "A".
4 . The Order was entered based upon the testimonial of
Teresa J. Frye and no testimony received from your Petitioner
Patrick H. Frye.
5. Your Petitioner agrees to adhere to, without reservation,
the dictates of the Protection Order entered January 3l, 1997 and
even thereafter, as it pertains to his wife, Teresa J. Frye, in
that he will not have any direct or indirect contact with her.
6. Your Petitioner is a loving and devoted father and a
hearing will determine that your Petitioner never abused, assaulted
or committed any other acts directed at his children.
2
TERESAJ, FRYE,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
for herself and on behalf of her minor
children: BRANDON PATRICK FRYE,
and DAMON HAROLD FRYE,
v,
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-1679 CIVIL TERM
PATRICK H, FRYE,
Defendant
PROTECTION FROM ABUSE AND CUSTODY
ORDER FOR PROTECTION
AND r.XTENSION FOR ADDITIONAL YEAR
AND NOW, this 4- of January, 1997, upon presentation and consideration of the
within Petition. and upon linding that the plaintiff, Teresa J. Frye, and the parties' minor children,
Brandon Patrick Frye and Damon Harold Frye, now residing at 1202 North George Street, York,
York County, Pennsylvania, are in immediate and present danger of abuse from the defendant,
Patrick H. Frye. This Court's Temporary Protection Order entered on March 28, 1996, is
vacated and the following Order is entered for a period of one year.
The defendant, Patrick H, Frye, (SSN: 054-56-9688)(DOB: 5/25/60), is an adult
individual currently incarcerated in Cumberland County Prison, Carlisle, Pennsylvania, whose
permanent address is 822 Lisbum Road, Carlisle, Cumberland County, Pennsylvania, is hereby
enjoined from physically abusing the plaintift~ Teresa J. Frye. or the parties' minor children, or
from placing them in fear of abuse.
The defendant is ordered to stay away from the plaintilrs residence located at 1202 North
George Street, York, York County, Pennsylvania, a residence which is owned by the plaintiffs
parents, Patricia and James Rowbollom. to which the plaintift' and the minor children moved to
avoid abuse, and is ordered to slay away trom any residence the plaintiff may in the future
establish for herself.
EXHIBIT
I _--"An, ___n_
The defendant is ordered to refrain from having any direct or indirect contact with the
plaintiff or the parties' minor children including, but not limited to, telephone and written
communications,
The defendant is enjoined from harassing and stalking the plaintilT and Irom harassing her
relatives, or the parties' minor children.
Thll defendant is enjoined from entering the plaintill's place of employment or school or
day care facility of the parties' minor children.
The defendant is enjoined from removing, damaging, destroying or selling any property
owned jointly by the parties or owned by the plaintift',
A violation of this Order may subject the defendant to: i) arrest under 13 Pa.C.S,
*6113; iI) a private criminal complaint under 13 Pn.C.S. *6113.1; Iii) a charge of indirect
criminal contempt under 13 Pa.C.S, *6114, punishable by imprisonment up to six months
and a line ofSIOO.OO-$I,OOO,OO; and iv) civil contempt under 13 Pn.C.S. *6114.1.
This Order shall remain in effect until modified or terminated by the Court and can be
extended beyond its original expiration date if the Court Iinds that the defendant has committed an
act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff or
the parties' minor children.
Custody of the minor children, Brandon Patrick Frye and Damon Harold Frye, is hereby
awarded to the plaintiff, Teresa J. Frye.
The Pennsylvania State Police and any other appropriate police departments shall be
provided with certified copies of this Order by the plaint ill's attorney. This Order shall be
enforced by any law enforcement agency where a violation occurs by arrest for indirect criminal
contempt without warrant upon probable cause that this Order has been violated, whether or not
the violation is committed in the presence of the police ofticer, In the event that an arrest is made.
under this section, the defendant shall be taken without unnecessary delay belore the court that
,I
CIRTIrICATI 0.. SIRVICI
AND NOW, this
;,)1'-
u
day of ~;lt:r;o(J.O,_./, 1997, I,
hereby certify that I have served the
Jay R. Braderman, Esquire,
foregoing Petition by mailing a true and correct copy by Unitsd
State first class mail, postage pre-paid, addressed as follows I
Teresa J. Fl'ye
1202 North George Street
York, Pennsylvania
Joan Carey, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
mitted,
17108-0965
Attorney for Plaintiff
5
THE LEHMAN CENTER
1\ 11th It ,It"! I.ll l t 1111 'I~t ,'\-.... .\11) ..,\ II II I)
"lIl1lhl'lll I',l I )l"lrll t t hUI. h 'It 1Ill' Htl'lhfl'1\
4tH) IV, M"'~.I St., ~.,,~, I'A 1741\4
1717) /I.I~.~nl 111111.11.... I HtHI.hl.\.hI)19
~AX 17171 H~2.7h"~
February 10, 1998
Judge George E, Hoffer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Dear Judge Hoffer:
~~
Enclosed is information concerning t ~ised visits by Patrie Frye with
Brandon and Damon Frye, case rnber 167~1fta..Wi6, whi was held
at The Lehman Center on Febru ry 6, 1998. Feel free to conta us at (717)
845-5771 if you have any ques ns.
Sincerely,
;1 ;;.dcd /Id'i/~f).^---_
Shari Gordon
Volunteer Coordinator
SG/II
cc: Attorney Maria P. Cognetti
Attorney Jay R. Braderman
enclosure
. C~IQc.h1l1\ \i\~1l Spectof
THE LEHMAN CENTER
,\ l'l~l)l,IL\\' Ullltll PI~1 ,... .\11) "'lll" lI.n
""llltlll'llll',l '"..hl_t l hlll'dll1t Ihl' It'dhll'lI
4(k) W. f\ ",,,...1 St., ,"ur!... PA 17400&
'717) H~~,~77' lI"tl.ln..., I.HlkJ.hJ~,h/)19
"IX (717) H,~l.7"')~
February 27, 1998
1 ,1 C,,/
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fh
Judge George E. Hoffer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Dear Judge Hoffer:
Enclosed is information concerning the supervised visits by Patrick Frye with
Brandon and Damon Frye, case number 1679-CIVIL-1996, which was held
'Jt The Lehman Center on February 20, 1998, Feel free to contact us at
(717) 845-5771 if you have any questions,
Sincerely,
<~
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Shari Gordon
Volunteer Coordinator
SGIII
cc: Attorney Maria p, Cognetti
Attorney Jay R. Braderman
enclosure
"
,
',',IJJ,:
. C~ICcbe" t.A..
SUPERVISED VISITATION
Child's Nlme:
. Birth Dlte:
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Child's Nlme:
Birth Date:
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Custodll' Plrent:
Nlme: T'r,",( I'':''i~
Address: '-II q I: (L ,lei,)"
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Home Phone: "I -'} - (, 4 (i Y (WI
Non-Custodial (Visiting) Parent:
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Neme: \ I , : .. . {L \, 'I (
Address: ", 1 J C, > I,l.- . ~
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Home Phone: ,J'ir) - 1..'( '1'-1
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AttomeyJ'\c. ,- I (,
T e'ephone Number:
Address:
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Attorney: :\' !'h'. ,.,,' I I h(,,-1
Telephone Number: "J '., ') l~ l', "
Address: L '- ~ ll> \ .., ~.
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Who ordered the supervised visits to occur? -'-~, ,~ \ , (, ., "
- )
Olte & Time of VlslllltJon i (' \', -)l' " " _ II J,,, _ \.., '"
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Statt Observations:
" ,
1. Old both parents arriva promptly for visit? " ) If no, explain,
, (U
2. How long did visit last? \ (':1, j, ,"\, ,,\
3. Whit WBS child's reaction to seeing visiting parent? ) ^ . l'y', ":~ " '.. \ . ,: . ~
'f"...) f,;l r' 1)(. ,~ I.e..... >A t \ r.. ," \\..: '\). \ (' I ......~' '.~ ',)
_ 'i'.., \l,\C1 P \'h,c,-\ '?, I ..~. - ,~_..;'c; \ I ,\, ,( 'c:
4, Briefly expllln Interaction between parent and child In addition to IiIctlvltles performed II v,,-,-< H-f r_~., '\
Ir",..,,) ',;1 \)") I~>ih IC,,-',.' ,"1),,',(1'1 ./I.-c.!, \' Il.'~:bec-/_
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5. What was child's reaction to separation from visiting parent?' 7iTh i' (~ \.J< \ ,? c,
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THE LEHMAN CENTER
..\ l'lhh ,1\.", llllltlllJJo/.l ".... ..\1l1"'l )tlll)
""1011111'111 ['.I 111"11'111 llllll<h ,II till' Ihl'lhn'll
4IHI IV. M...ke' St , y",k, I'A 1741).1
1717) H45.5771 11",11",. 1,,"HI''':l5.''''19
fAX (717) ""2.7"'15
March 3, 1998
Judge George E, Hoffer
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Dear Judge Hoffer:
Enclosed is information concerning the supervised visits by Patrick Frye with
Brandon and Damon Frye, case number 1679-CIVIL-1996, which was held
at The Lehman Center on March 1, 1998. Feel free to contact us at (717)
845-5771 if you have any questions.
C 1..\
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Shari Gordon
Volunteer Coordinator
SG/l1
cc: Attorney Maria p, Cognetti
Attorney Jay R. Braderman
enclosure
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SUPERVISED VISITATION
Chlld'l Nlme:bn \1\ \:,n f'rt I(~
Birth Dlte: '" - 'd - (t ~)
Child's Name: lx-lll'-" I="nlf'
Birth Date: ,. l"i ..qrj
Custodllr Plrent:
Name: :TlY,.~ t. ("I'll"
Address: "\ 1>-1 E, (\e,\\I"'Cj" live
~Dn ",-1 1~"(7)_
Home Phone: ~;., \' "U--\'t...j IWI
Non-Custodlar (Visiting) Parenl:
Name:Tbh I( ~ tr ~~
Address: bd~ ~\',x.... II N '~\,
(lnr'''',\,'', PI':' Il\))?'
Home Phone: ,1.1'/' (,' '.1" IWI .),'11 ,'1 'fl,(;",
Altomey"--\.' '(\11 (I[>CY'lctt I
Telephone Number: .', :. -\
Address: '.' t . l\~ ... 11\ '.'tl r'L l ~.{. to. ..J (r 1\
t\(\I' ( " \ ""') t-'H '"'11 'I
Allomey: ,h'l T~'lr(\t- ( rYY"f'l
Telephone Number: -., ,," ( .
Address: I ~(, L...I 'V I \ ......+i ~ yt. . -rt..... \.4:JI" " 'fl. r. )-
t-inl"'I')I)I,nj Pr-\ )'IO~
Who ordered the luplrvlsed visits to occur? ..:J}, r i j j(J h {\ r......\C I \ (', Hrll'l
Olte & Time of Vlsllatlon?l. \.Cjp' I~. CO priI
Staff Observetlons:
1. Old both parents arrive promptly for visit? 1,/0 If no, explslnTF (II I i "wI6=' .oi:Jto i=>F <If r \ tcd ~) I~:;;v,.
2. How long did visit last? 'helli" ~'S ,,1'111.
3. What was child's reaction to seeing visiting parent?!': .-\ 11 ...~" II" \ ~~: ~I \)~ll\\;' J ~' ~J'{' ;':0' '
::: ~ ~\ 11:~r~:d r:\~lt( ~r~T'([)rn I'l':}h,. ,:lr'll c' ' "I ''''J "P.-~
h{~<l~'A "k l<:"..,...d 11: "."uUul 'Ii ...., I
4, B 'fjy eXpllln Intersctlon between parent and child In addition to activities performed -p, J b {, PI" pV., l"tl
.~"~~' ~("~i .~l, d'" \ l~l '~'!. :.' ;'1 i, ifi' , ,:" i'1 ((.1 I ('::",1. -t(', ..It' ,1-\y,\- ""D D ~ ~ r hlJllt
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5. What was child's reaction to separation from visiting parent?
T -"tr' ,-I i: b{'
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6, S. Ign~f1C8~t occuranc~s?:\ f"rtA ~ ii:"l")2"v.p -l~' \ \. cd (AI :-Cut It 1<,>1 ~ i (''1 (...J- ~";,
h-,,,'l' 1'Nn 1)(', 1;~.:L"'~\ ",0 u o-,.Q:tULI'( "'-.:yH',",' (A~'~.J~~
.(..'\('-;\ 1'1)1:' . , "
7,Addltlonalcomments::?f (\,:\(y,\ 1;"',\\-, <....'I...YJr\ll\t'~.tir'fli., Yrrc,f'C-
,'f (,-, \(.\ hr,(,(fJ ('(., I-'pr\. (yYl([\} ::J.1h.
Slgnatu~e .Of person supervlsing:j'")""r')Lllitt:t1 P liCcLl
Date 11 Y l l. (\ hi) ICICI'6 ( r.===
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:#....\. v..X.J~ 'h'~lll~ tv lic.t.I( ''8 (u\ ),;,f',\ 1':'J 1'.Y":, p:: ,,"'llnl...\' 'Ie Ilnl ' StOp ~1:~,
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.
,
..
TERESA J. FRYE,
Plaintiff
v,
PATRICK H. FRYE,
Defendant
AND NOW, this
IN THE COURT OF COMMON I'LEAS OIl
CUMBERLAND COllNTY,I'ENNSYI.V ANIA
CIVIL ACTION. LA W
NO. 96-1679 CIVIl. TERM
ORDER OF COURT
((
! (, day of December, 1998, upon conslderlllllln Ilf'lhe Ilttached
letter from Swnuel W. Milkes. Esq.. allomey tilr J'llIintill'.lhe hCllrlnll pNvlllusly 81:heduled
in this matter for December 18, 1998, is CANCEI.I.EI>.
Swnuel W. Milkes, Esq.
S2 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
Jay R, Bradennan, Esq.
126 Locust Street
Harrisburg, P A 17101
Attorney for Defendant
:rc
BY TilE COllRT.
/
, /
Ie ,( j (~
J'I esley Ole" J ., J.
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CUSTODY TRANSFER
Child's Name:
Birth Dale:
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1../,'" -, < v, _L"/-,,-__
. ,./ ,or',
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Child's Name:
Birth Date:
n
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Custodial Parenl:
Name: ":ukb.___.l~bL~ . _
. f''' ~,. t II
Address: _~ / ,.).t' { .\...~_~.:,t/~'~Li.L~
Non.Custodlal Parenl:
, ,/ ,
Name: lfill/,I( ';%~(IL."
1'} I / . 1 C'
Address: _',,, -LIS ',,/1, I:'" ,{ t' ~
Horne Phone:__._~___.J.IfY1-__T___
Atlorney~l~.u:~4:il~ULL _
Telephone Number: ___.::'c:\'~ -.~. '( ')
Address:
Horne Phone:c') J {it. ...' </t(CWJ
Atlorney: -J.' G. ~ ',t., ie, yJ) .A.v
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Telephone NUI}}ber: _ ,~i. ,~. - (. ,,',C'.:;r
Address: . :')/'," I ~f- ..cl-
v.J.~ ~ '/ c', ,.
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Who ordered Ihe lransfer?
Dale & Time of Transfer_L.,Jd'L'...'-'..,CLL.:~4j ,PjI.r
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Staff Observations:
1. Did both parents arrive promptly Cor transfer?____lf no, explaln,1~/'/,( I (/\ /i'" ~ . Ill,. ((I .71) ,''-,:
l:,f'tr.
2 How long did tra~;i~;;ak~;-:'.2[';,: C .'. ~ .,' .;))to, .
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5 Additional comments'.
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CUSTODY TRANSFER
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Child's Name: j;, I (~ 'I"t, ~_/ ~'!f-('-
Birth Date: __~._:......'-.L_::__~.:.i..:.___._____
Child's Name:
Birth Date:
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Custodla~.~arent: .,., , Non-Cust~lal Par~nt: ,rr'
Name: / ;//(..^.w-.:.::.....6..~~____. _. Name: lj d nc,<",,.{,-..,:;I/\,,~,.-<.!-
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HOllie Phone:___'__'___'__-.r___LW1
Attorney~J 1,1 \,:, _~_f1.!., ~,,~,:.0'.;;:'~__
Telephone Numhor:__:_,~_L,.~_'_.:.~j_~:.:.~_._
Address:
Home Phone: 7'7 -,.,:z '/7 -,~..? ~..j{.,
Attorney: J ,13 If'-tA 1,:LUL/'V1--et-7V
Telephone Number: ..::lei? ., t, t:,."",o
Address: "';")' ,J (',u'4!! ..de
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Who ordered the transfer?
Dat9 & Time orTransfer._Ii/;.L:!.!..-!!.!..l~-.d. ,'i, 1;1',' - (,':'/"'/J ,/)/ ( $,"0,.', '~
Staff Observations: /
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1. Old both parents arrive promptly for trans,ler? V'I( no, explain. (/,-fC, (/);1''-i-''- <l2- ~-'
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2. How long did transfer take? ~I;',l-, .J ..'(;,. ,t." -
3, Briefly. explain Intera.clion bet'(Jeen parent and child: /:1/..1(1-"1'" - ,>2Z.. 7" ~ "'9~, ...eA't'~-1;
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Judgu Guorge E, HotTer
Cumberland County Courthouse
I Courthollse Squan:
ClITlislu, PA 17013-3387
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THERSA J, FRYE,
PlaintiO'
IN HIE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v
CIVIL ACTION. LAW
PATRICK H. FRYE,
Defendant
NO, <)6-167'l CIVil.
IN CUSTODY
Prior Judge: J. Wesler Oler, Jr,
CON<:ILlA'I'ION C()NHR~:Nct: SllMMARY RI:PORT
IN ACCORDANCE WITII TilE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915,3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent infonnation pertaining to the children who are the subject of this litigation is
as follows:
Brandon P. Frye, born May 12, 1<)<)3; and Damon II. Frye, born January IS, 1<)<)5,
2. A Conciliation Conference was held on September 17, 1998, with the following individuals
in attendance:
The mother Teresa J. Frye, with her counsel Andrea Jacobson, Esquire who appeared for
Attorney Samuel Milkes, Esquire: and lather Patrick H. Frye, with his counsel Jay R.
Bradennan, Esquire.
3. The case is bclore the Conciliator lor a Petition for Special RelicI' and Contempt. The parties
had reached an agreement in MayoI' 1998 with respect to Custody which provided for Father
to have the children tor 2 days out of the week. Cireumslances have now changed in that the
older child is going to Kindergarten, Mother suggests the existing schedule will not
accommodate the child's school schedule. Mother has concerns about the father having
custody during the school wcek because she leels the father will not always deliver the child
to school as required. Father lives in the Carlisle area while mother lives in York, as II result
of mother moving from th.~ Carlisle area to York. Mother alsofecls that Father having
custody during the school week will result In too much t,Jnsportatllln of the children back
and forth.
4, On Monday, September 7, aa scheduled, partial CUltOdy of the children
waa tranlferred to Father, At that time, and in dlscullionl the prior evening. father
requested that mother accompany the children and himlelf on a boat ride. While
mother did not wish to do so, she reluctantly agreed to, since father told her and the
children that the children could only go on such a ride if she accompanied them,
because certain responsibilities required the presence of two adultl, For her to refuse
would be to place her in a position with the children as looking aa though Ihe wu the
parent taking awa,y this opportunity. During the entire boat ride and the trip
following the boat ride, father continually haraased and at times threatened mother
in the presence of the children (stating, "get out now, or I'll knock you the fuck out,"
and raising his fist to hit her, only restraining himself when mother threatened to call
the police). He used explicit language in front of the children by accusing her of
having sexual relations with other men. He used foul language and at one point
threatened to hit her. He pulled the car over during the trip home and demanded that
mother get (Jut of the vehicle in the pouring rain, and walk home, Only by her
agreement not to say anything waa she allowed to remain in the vehicle, while father
continued his one.sided argument with mother, and continued to falsely accuse her of
sexual conduct with others, all in the presence of the children,
5. The above conduct of father in the presence of the children caused the
children to cry and become very upset. This type of conduct is contrary to the
childrens' best interests,
6. As a result of the above conduct, mother haa med a Petition for
Protection from Abuse in York County, and a temporary order has been entered.
7. Father haa been the previous subject of a Protection from Abuse
Petition and haa and haa served a total of approximately 10 months in jail for
numerous aalllults upon the mother, He haa also previously aasaulted at leut one of
the children, These incarceration!! were due to two findings of Indirect Criminal
Contempt, one conviction of Simple Assault, and a probation violation (for a prior
indirect criminal contempt finding),
8, When the children were scheduled to be returned to mother, per the
Court Order, on Wednesday, September 9, at 6:00 p,m., father failed to return the
children. Although mother later became aware that father says he brought the
children to a different location for the exchange, if he did 80, this would not have been
the location where the children were to be exchanged, While the children had been
exchanged the paat two times at a different location than the usual one, this waa
because of special circumstances in which Mr, Frye telephoned Ms, Frye and
specifically requested that she come to a location closer to him, once because one Mr.
Frye had a temperature of 106 degrees, and once because of convenience to Mr. Frye,
and at his request, There waa never any agreement or understanding that the
September 9 exchange waa to be anywhere other than the usual location and Mr. Frye
never even requested that the exchange be anywhere other than the usual location,
9, It waa mother'!! desire and expectation to have the children returned
to her custody aa scheduled, on September 9. If she had any idea that Mr. Frye
intended to exchange the children somewhere else, she would have made arrangement.
to get the children, When Ms. Frye telephoned Mr, Frye one-half hour after the
scheduled exchange, he waa at home and used obscenities toward Ms. Frye when me
tried to determine why he had failed to bring the children from the BCheduled
exchange. Mr. Frye never paged M8. Frye, although he knew how to do 80, to let her
know that he was attempting to tran8fer the children to her. It i8 not in the children's
best interests, nor the desire of the mother for a 8cheduled exchange of the children,
when they are to be returned to her, to fall through.
1.0. Through their counsel, the parties were able to effect an exchange
of the children the next day, on Thursday September to, at the York City Police
Department, However, even though father had been the cause of the failed exchange
the day before, he demanded that he was only willing to exchange the children at 6:00
p.m. on Thur8day, rather than mother'8 8ugge8ted 8:00 p.m., which caused mother to
miss work because she needed to be pre8ent for the exchange, As U8Ual, this exchange
occurred 25 minutes, becau8e, as ill father's pattern, he was late for the exchange,
11. Father'8 actions de8cribed above cau8ed mother to 108e wage8 and
good will from her employer.
l2. On Thursday, when Brandon should have been in school, and while
Brandon WB8 in father's CU8tOdy, father kept Brandon home from school and
telephoned the school to inform the 8chool that Brandon would not be attending that
day becauee Brandon was ill, In fact, Brandon was not ill, This fal8ehood was offered
by father as a means of avoiding the need to transport Brandon to school and it WB8
offered in Brandon's presence, teaching Brandon to tell lies.
13. Father has stated to mother on numerOU8 occasions that he would
run up mother's legal expe08e8 a mean8 of attempting to get her to come back to him
or attempting to get custody ofthe children, by causing mother to be unable to pursue
TERESA J. FRYE,
Plaintiff
v.
: IN ~BE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL AC~ION - LAW
NO. 1679 CIVIL 1996
IN CUSTODY
PATRICK B. FRYE,
Defendant
CUSTODY STIPULATION
AND NOW, come the above named parties, by and through their
respective counsel, Barry M. Ness, Esquire, attorney for Plaintiff
(Mother), Teresa J. Frye and Jay R. Braderman, Esquire, attorney
for Defendant (Fathe=), Patrick B. Frye, and stipulate as follows:
1. Plaintiff is Teresa J. Frye who resides at 414 E. College
Avenue, York, York County, Pennsylvania.
2. Defendant is Patrick e. Frye who resides at 822 Lisburn
Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Oefendant are the parents of two children,
Brandon P. Frye, age 4, born May 12, 1993 and Oamon e. Frye, age 3,
born January 15, 1995.
4. Primary physical custody of the chHdren is presently
with Plaintiff, Teresa J. Frye.
5. On or about September 9, 1997, Defendant, Patrick e.
Frye, filed a "Petition for Bearing and Cancellation of a Custody
Order" to the above term and number, seeking to have access to his
children.
Plaintiff, Teresa J, Frye, had been given exclusive
custody of the children by a prior Order of this Court dter
Defendant was found to be in ~iolation of a Protection from Abu.e
Ordllr.
6. Pursuant to Defendant's Petition filed above, two
hearings were held before Bubert J. Gilroy, Custody Conciliator.
No tinal r~solution was reached and as a result, the Court has set
July 27, 1998 as a date for trial pursuant to Plaintiff's Petition.
7. Recently, the parties, as well as their respective
counsel, have been engaged in significant dialogue and as a result,
an agreement has been reached which the parti.es respectfully
request the Court approve.
NOW TBEREFORE, the parties, through their respective
counsel agree as follows:
A. The parties shall have shared legal custody ot
Brandon Patrick Frye and Damon Barold Frye, so that each shall
participate equally in major decisions affecting the best interests
of said children, including, but not limited to, medical, religious
and educational decisions and, further, each parent shall have
equal access to medical, dental and school records.
B. Mother shall have primary physical custody of the
children.
C. Father shall have partial physical custody of the
children as follows:
(i) Commencing on Sunday, April 5, 1998, and
including Sunday, April 12, 1998, father shall have unsupervised
2
visits with his child~en f~om 1:00 p.m. to 6100 p.m.
(ii) For the following four (4) weeks, Mother
shall deliver the children Monday afternoons at 6100 p.m. to the
Getty gas station near Father's residence and Father will return
the older child, Brandon Fr/e, to school on Tuesday morning and
return the younger child, Damon Frye, to the maternal grandmother's
residence on Tuesday morning.
(iii) Commencing on June 9, 1998 and continuing
throughout the summer of 1998 until the time that the oldest child
commences school, Father shall have his children every Monday at
6:00 p.m. and return them Wednesday evening at 6:00 p.m.
Deliverance of the children will be at a place mutually agreed upon
by the par'ties and return of the children will be at Mother's
residence. Father agrees not to enter Mother's residence unless
invited.
(iv) Such other times as the parties may agree.
(v) During the summer of 1998, the parties
will use their best efforts to renegotiate further times in the
future that Father may exercise his partial rights of physical
custody, The parties agree that in no event, however, shall
Father's time be reduced from that time he had during the summer
weeks of 1998.
D. The parties shall be allowed unlimited phone contact
with the children 4S long as it is not burdensome and harassing.
Father agrees to maintain a cell phone or pager at all t!m.s when
3
"
..
;llIerc:-:,QJ, R"\ e..
Plaintiff
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: PENNSYL VANIA
v.
· \6~ c..\C t\ , ~-( 'I e....
Defendant
: CIVIL ACTION LAW
; NO.llo "fl CIVIL 19 Cfro
: CUSTODY VISITATION
ORDER OF COURT
And now,this '\1:,\05 1(1~ , upon consideration of the attachcd complaint, it is hereby directed
that the above parties and their respective counsel appear before \ \ )~:{' \ \ X. (')\ \ f (')'1_,
Esquire, the conciliator, at l II' , " ~\ \ '10 l' (\. . (). Iw.u:, ,
Pennsylvania, on the _LL. day of > , 1998, at P,M"
for a Pre-hearing Custody Conference, At such confl.'~ence, an effort will be made to resolve the
issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard
by the court, and to enter into a temporary order. All children age five or older may be present at
the conference. Failure to appear at the confcrence may provide grounds for the cntry of a
temporary or permanent order,
FOR THE COURT:
By: ~\.
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
...
THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY A VENUE
CARLISLE, PA 17013
(717) 249.3166
).800.990-9108
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TERESA J. FRYE, 1 IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
1
v. 1 CIVIL ACTION - LAW
1
PATRICK H. FRYE, 1 NO. 1679 CIVIL 1996
Defendant 1 IN CUSTODY
ORDIR
AND NOW, this ~ day of ~' 1998, upon
consideration of the within Stipulation, it is hereby ORDERED AND
DECREED that the annexed Stipulation be made an Order of the Court.
BY THE COURT:
J.
J
,"'
TERESA J. FRYE, I IN THE COURT OF COMMON PLEAS
Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVANIA
I
v. 1 CIVIL ACTION - LAW
1
PATRICK H. FRYE, 1 NO. 1679 CIVIL 1996
Defendant 1 IN CUSTODY
CUSTODY STIPULATION
AND NOW, come the above named parties, by and through their
respective counsel, Harry M. Ness, Esquire, attorney for Plaintiff
(Mother), Teresa J. Frye and Jay R. Braderman, Esquire, attorney
for Defendant (Father), Patrick H. Frye, and stipulate as followsl
1. Plaintiff is Teresa J. Frye who resides at 414 E. College
Avenue, York, York County, Pennsylvania.
2. Defendant is Patrick H. Frye who resides at 822 Lisburn
Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant are the parents of two children,
Brandon P. Frye, age 4, born May 12, 1993 and Damon H. Frye, age 3,
born January 15, 1995.
4. Primary physical custody of the children is pre..ntly
with Plaintiff, Teresa J. Frye.
5. On or about September 9, 1997, Defendant, Patrick H.
Frye, filed a "Petition for Hearing and Cancellation of a Cu.tody
Order" to the above term and number, seeking to have access to bi.'
children.
Plaint,iff, Teresa J. Frye, had been given exclu.ive
custody of the children by a prior Order of this Court after
....
.,.
Defendant was found to be in violation of a Protection from Abuse
Order.
6. Pursuant to Defendant's Petition filed above, two
hearings were held before Hubert J. Gilroy, Custody Conciliator.
No final resolution was l'eached and as a result, the Court has set
July 27, 1998 as a date for trial pursuant to Plaintiff's p.,tition.
7. Recently, the parties, as well as their respective
counsel, have been engaged in significant dialogue and as a result,
an agreement has been reached which the parties respectfully
request the Court approve.
NOW THEREFORE, the parties, through their respective
counsel agree as follows:
A. The parties shall have shared legal custody of
Brandon Patrick Frye and Damon Harold Frye, so that each shall
participate equally in major decisions affecting the best interests
of said children, including, but not limited to, medical, religious
and educational decisions and, further, each parent shall have
equal access to medical, dental and school records.
B. Mother shall have primary physical custody of the
children.
C. Father shall have partial physical custody of the
children as follows:
(i) Commencing on Sunday, April 5, 1998, and
including Sunday, April 12, 1998, Father shall have unsupervhed
2
".
visits with his children from 1100 p.m. to 6100 p.m.
(ii) For the following four (4) weeks, Mother
shall deliver the children Monday afternoons at 6:00 p.m. to the
Getty gas station near Father's residence and Father will return
the older child, Brandon Frye, to school on Tuesday morning and
return the younger child, Damon Frye, to the maternal grandmother's
residence on Tuesday morning.
(iii) Commencing on June 9, 1998 and continuing
throughout the summer of 1998 until the time that the oldest child
commences school, Father shall have his children every Monday at
6:00 p.m. and return them Wednesday evening at 6:00 p.m.
Deliverance of the children will be at a place mutually agreed upon
by the parties and return of the children will be at Mother's
residence, Father agrees not to enter Mother's residence unless
invited,
(iv) Such other times as the parties may agree.
(v) During the summer of 1998, the parties
will use their best efforts to renegotiate further times in the
future that Father nlay exarcise his partial rights of physical
custody. The parties agree that in no event, however, shall
Father's time be reduced from that time he had during the summer
wee,ks of 1998,
D. The parties shall be allowed unlimited phone contact
with the children as long as it is not burdensome and harassing.
Father agrees to maintain a cell phone or pager at all times when
3
~
he has partial custody of the children and to give that number to
Mother. Father agrees that when he is paged by Mother, he will
promptly return all pages.
E. Neither party shall speak ill or malign the other
party to the children.
F. Defendant Father requests that the custody trial
scheduled for July 27, 199B be cancelled.
G. The parties hereby waive the requirement of Rule
19l5.7 requesting the parties and the children be present before
the Court to present this stipulation and further intend this
Stipulation to be entered as an Order of the Court of Common Pleas
of Cumberland County, Pennsylvania, subject to modifications as
provided by law.
Intending to be legally bound, the parties have signed this
Stipulation as evidenced below.
~,. . ,
TE~ES~<' 5 .(( F~E
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PATRICK H. FRYE
WITNESS
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WITNESS './ /
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AFrIDAVIT
Upon my personal knowledge or information and belief, I hereby
verify that the facts averred in the foregoing Custody Stipulation
are true and correct to the best of my knowledge, information and
belief.
I urge the Court to approve the proposed Custody Stipulation.
Datel
eY-.}I' '1P
/L
PATRICK H. FRYE
COMMONWEALTH OF PENNSYLVANIA 1
Ol\lArl-lll\
COUNTY OF ~
SS
On this, the ~ / day of J./j)n /} , 1998,
before me, the unders~gned officer, personally appeared PATRICK H.
FRYE, known to me, or satisfactorily proven to be the person whoa.
name is subscribed to the within instrument, and acknowledge that
hu eK'lcuted the same for the purposes therein contained.
IN I/ITNESS WHEREOF, I hereunto set my hand and seal on the day
and ye~r aforesaid.
. /Il/
M
Nolarial s.aJ
Candlth Y Hili, Notary PullIlc
Hanloburg. DA"phln County
My Commlo, ,n bpi"" Nov. 19,2001
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717-8~5-76'.95
March 20, 1998
Hon. J. Wesley Oler, Jr.
Cl.mberland County Courthouse
Carlisle, PA 17013
ReI Frye v, Frye
1619 Civil 1996
Dear Judge Ole rI
1 am in receipt of the Court Order scheduling a hearing in
the above matter on ,J'me 29, 1998, at 9,00 a.m, Although this date was
scheduled with my office. my secretary was not aW.He that my t'ravel
plans had been final hed and 1 wlll be out of the count ry from June 20
through July 1. Accordingly, 1 must request a continuance of this
hearing. Please advise,
Very truly yours,
C:~-~."- ..-,;::J
HARRY M. NESS
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SlUl1uel W. Milkc:s, Esquire _ JJallM"a..1tv~n.ehJ t;,
For the Plaintitl" .,--~ ~ I
Jay R. Bradermon, Esquire
For the Dc:lendont ~ ~J i
Court Administrator
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enforcement oftbll Order, and the CUltody Order of May 6, 1998, l!their Intervention
il necelaary to effectuate the tel'ml of theBe Orders.
By the Court,
J.
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4. On Monday, August 10, partial custody of the children W88 transferred
to Father. As ofthe date of this Petition, August 17, the children remllin with Father
and Father h88 refused to return the children, despite Mother's best efforts, including
the involvement of the State Police.
6. The parties had previously agreed that because of a change in
Mother's work schedule during the week of August 3, the children would be returned
to her during that week on Wednesday morning, rather than Wednesday evening.
Father would then make up this time the fOllowing week, However, on Monday he
announced that the children would not be returned Thursday evening 88 planned, but
rather on Friday. Although correspondence to counsel (copy attached 88 Exhibit B)
objected to this delay, and to several other matters, Mother decided it would not be
practical to petition the court over the one day delay.
J. Repeatediy, on Wednesday, Thursday, and Friday, August 12, 13, and
14, Mother made efforts to contact the Father, and left him messages to confirm an
exchange time. On Friday evening at about 4:30 p,m, after the Courts had closed, the
Father called Mother to state that he would not return the children and she would
need to speak. with her attorney to find out why, Mother's attorney W88 unaware of
any re880n for Father's refusal to return the children,
7, The older child, Brandon, is scheduled for a school orientation on
August 18, 1998, which Mother h88 made plans to attend (see Exhibit E).
8. Mother and her counsel were in contact with the Pennsylvania State
Police in an effort to try to facilitate the transfer of the children, Despite their belt
effortl, Father refused to transfer the children,
9. The State Police have reported to Mother that in order for them to
intervene and assure a transfer of custody according to the custody Order, the Order
needs to include such a directive.
10, Although Father is now saying that he ill keeping the children
because the maternal grandmother supposedly swatted one of the children with a
spatula, this allegation was not made until Friday, August 14, it was never
communicated to Mother, and it was not even communicated in a letter from Father's
counsel (dated Thursday, August 13, attached as Exhibit C)) despite the fact that
Father had the children in his custody three days by the time of counsel's letter (three
days during which Father did not work).
11, When Mother called Father over the past weekend to attempt to
negotiate a return of the children to her, Father said he would only do so if Mother
would discuss various issues the Father wanted to discuss, such as her causing Father
to lose work release when he was in children (because she reported his violation of
work release by being near the Mother, along with other matters). He also attempted
to pressure Mother into agreeing to an expansion of Father's time with the children.
12, The Father has previously been the Defendant in a Protection from
Abuse Order, due to allegations of abuse against Mother and the children,
13, The Father has served a total of approximately 10 months in jail for
numerous assaults upon the mother and at least once upon the children, These
incarcerations were due to two findings of Indirect Criminal Contempt, one conviction
of Simple Assault, and a probation violation (for a prior indirect criminal contempt
finding).
14. Mother believes and therefore aven that Father's actions were taken
in retaliation for the two letters of her attorney, to fo'ather's attorney (attached as
Exhibits B and D) which were written during the week of August 10 and which were
faxed to Father by his attorney (according to the letter found at Exhibit Cj a letter
from his attorney) on Thursday, the day before fo'llthcr announced hc would not be
returning the childrcn.
15. Fathcr claims to have reported thc spatula incident to Yorlt County
Children and Youth Serviccs, This agency conflJ'med to counsel for the Plaintiff that
a report was made by Fathcr on Friday, alleging that thc grandmother, not mother,
hit the child with a spatula, The agcncy furthcr confirmed that thc agency did not
have an intention of petitioning over the children and that as a general rule, the
agency does not adviBll partics to violate a court order. Rather, thc agency would
petition the Court if intervention were deemed necessary, The caseworker who
handled this intake is on vacation and could not be contacted so the above information
is from supervisor Paula Barr.
16, Counsel for Father has been faxed a copy of this Petition the morning
of August 17, 1998, before the filing of the Petition.
WHEREFORE, for the above-referenced reasons, PlaintifT herein respectfully
requests of this Honorable Court that it issue an Order directing the Defendant to
immediately transfer the children to Plaintiff and for the children to remain with
Plaintiff until such time as the Defendant personally states in writing his commitment
to abide by the Court Order, Further, the Plaintiff should have the children in her
TERESA J. FRYE, I IN THE COURT OF COMMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I CIVIL ACTION - LAW
1
PATRICK H. FRYE, 1 NO. 1679 CIVIL 1996
Defendant 1 IN CUSTODY
ORDER
AND NOW, this " tLt
consideration of the within
day of ~' 1998, upon
Stipulation, it is hereby ORDERED AND
DECREED that the annexed Stipulation be made an Order of the Court.
BY THE COURT:
J.
J
TAUE COPY prROM AECORD
In TClItlmony Whereot,lllt,. unto lit my hind
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TERESA J. FRYE, 1 IN THE COURT OF COMMON PLEAS
Plaintiff 1 CUMBBRLAND COUNTY, PENNSYLVANIA
1
v. 1 CIVIL ACTION - LAW
1
PATRICK H. FRYE, 1 NO. 1679 CIVIL 1996
Defendant 1 IN CUSTODY
CUSTODY STIPULATION
AND NOW, come the above named parties, by and through their
respective counsel, Barry M. Ness, Esquire, attorney for Plaintiff
(Mother), Teresa J, Frye and Jay R. Braderman, Bsquire, attorney
for Defendant (Father), Patrick H. Frye, and stipulate as follows:
1. Plaintiff is Teresa J. Frye who resides at 414 E. College
Avenue, York, York County, Pennsylvania.
2. Defendant is Patrick R. Frye who resides at 822 Lisburn
Road, Carlisle, Cumberland County, Pennsylvania 170l3.
3. Plaintiff and Defendant are the parents of two children,
Brandon P. Frye, ags 4, born May 12, 1993 and Damon B. Frye, age 3,
born January 15, 1995.
4 . Primary physical custody of the children is presently
with Plaintiff, Teresa J. Frye.
5. On or about September 9, 1997, Defendant, Patrick H.
Frye, filed a "Petition for Hearing and Cancellation of a Cu.tody
Order" to the above term and number, seeking to have acceu to hi.
children.
Plaintiff, Teresa J. Frye, had been given exclusive
custody of the children by a prior Order of this Court after
Defendant was found to be in violation of a Protection from Abuse
Order.
6. Pursuant to Defendant's Petition fi],ed above, two
hearings were held before Hubert J. Gilroy, Custody Conciliator.
No final resolution was reached and as a result, the Court has set
July 27, 1998 as a date for trial pursuant to Plaintiff's Petition.
7. Recently, the parties, as well as their respective
counsel, have been engaged in significant dialogue and as a result,
an agreement has been reached which the parties respectfully
request the Court approve.
NOW THEREFORE, the parties, through their respective
counsel agree as follows:
A. The parties shall have shared legal custody of
Brandon Patrick F>:ye and Damon Harold Frye, so that each shall
participate equally in major decisions affecting the best interests
of said children, including, but not limited to, medical, religious
and educational decisions and, further, each parent shall have
equal access to medical, dental and school records.
B. Mother shall have primary physical custody of the
children.
C. Father shall have partial physical custody of the
child~en as follows:
(i) Commencing on Sunday, April 5, 1998, and
including Sunday, April 12, 1998, Father shall have unsupervi.ed
2
visits with his children from 1:00 p.m. to 6100 p.m.
(ii) For the following four (4) weeks, Mother
shall deliver the children Monday afternoons at 6100 p.m. to the
Getty gas station near Father's residence and Father will return
the older child, 8randon ~rye, to school on Tuesday morning and
return the younger child, Damon Frye, to the maternal grandmother's
residence on Tuesday morning.
(iii) Commencing on June 9, 1998 and continuing
throughout the summer of 1998 until the time that the oldest child
commences school, Father shall have his children every Monday at
6:00 p.m. and return them Wednesday evening at 6100 p.m.
Deliverance of the children will be at a place mutually agreed upon
by the parties and return of the children will be at Mother's
residence. Father agrees not to enter Mother's residence unleBs
invited.
(iv) Such other times as the parties may agree.
(V) During the summer of 1998, the parties
will use their best efforts to renegotiate further times in the
future that Pathoer may exercise his partial rights of physical
custody. The parties agree that in no event, however, shall
~ather's time be reduced from that time he had during the summer
weeks of 1998.
D. The parties shall be allowed unlimited phone contact
with the children as long as it is not burdensome and harassing.
Father agrees to maintain a cell phone or pager at all times when
3
JACOBSEN & MILKES
52 East High Slre.t
Carlisi., PA 17013-3085
Samuel W. Milkes
Andrea C, Jacobsen
Tel 717-241).6427
Fax 717-249-8427
J~ R. Braderman, Esq.
126 Locust Street
Harrisburg, PA l7101
RE: Frye v. Frye
August 12, 1998
Dear J~:
My client tells me that last week the parties agreed she would have the children
in her custody at 9:00 a,m. last Wednesday instead of Wednesday evening, because it
turned out she would be off work and would have the day available to be with the
childrsn. Mr, Frye agreed to this change and Ms. Frye picked up the children early.
The understanding was that Mr. Frye would make up the time this week by
keeping the children until Thursday, instead of Wednesday, On Monday, Ms, Frye
called to say she would drop the children off between 8 and 9 p.m., since Mr. Frye
would be with the children an entire extra OOy. The children would be returned to Ms.
Frye Thursday rather than Wednesday evening, When the children were actually
exchanged Monday evening, Mr. Frye announced that the children would not be
returned until Friday evening. This was never agreed to. With the children being
returned Thursday evening, Mr, Frye will have nearly an additional 24 hours, in
exchange for Ms, Fry having 9 extra hours last Wednesday. We expect the children
to be returned this Thursday, not this Friday. There is no agreement to a Friday
evening exchange and we would consider his keeping of the children on Friday to be
a violation of the order. The children may be returned 8:00 Thursday by bringing
them to the Blockbuster, or if he needs to drop them off earlier for work or other
reasons, they can be returned to Ms, Frye's mother's home, If other arrangements are
needed for the Thursday exchange, we are open to discussion, but a Friday exchange
il unacceptable and would violate the order,
Mr. Frye allo stated on Monday, "don't let the door hit you in the ass on the
w~ out." This was in front of the children, This is completely unacceptable.
Very truly yours,
SWM\ag
cc: Teresa Frye
JACOBS //MIL~
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LAW o,,,ell
JA. Y R.BRADERMA.N
'lItI.OCUST 8TllIIT
P,O. BOX HI
IWUIIIBUIIO, PENNOnVANIA 111_
,
.TI7I23\1'tW)O
August 13, 1998
RECEIVED AUG 1, ~ Is~a
Samuel W. Milkes, Esquire
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013-3085
ReI Frye v. Frye
Dear Saml
Your correspondence of August 1l, 1998 and fax correspondence
of August 12, 1998 have been sent (faxed) to Patrick Frye. A. soon
as I hear from him, I will be in touch with you so these issues you
say have arisen may hopefully be resolved.
yours,
DERMAN
JRBlcl
CCI Patrick Frye
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-
JACOBSEN & MILKES
52 Em High Street
Carlisle. PA 17013-3085
Samuel W, Mllkes
Andrell C, Jacobsen
Tel 717-249-6427
Fox 717-249.8427
August 11, 1998
Jay R. Braderman, Esq,
126 Locust Street
Harrisburg, PA l710l
RE: Frye II. Frye
Dear Jay:
I am informed by Teresa Frye that your client, Patrick Frye, has been
attempting to negotiate with her to revise the current Court Order, Apparently he has
also threatened that if Teresa does not agree to his terms, he will continually cause her
the expense of repeated court appearances. Also, these attempts at negotiation over
custody are being initiated by Patrick in front of the children.
I em writing to affirm that I have advised Ms, Frye not to discuss with Mr, Frye
any possible moditications of the current Custody Order, but rather to let these
discussions occur through counsel. Moreover, she should report back to me if Mr. Frye
continues to attempt such negotiations, and particularly if he attempta to initiate these
negotiations in fron.t of the children.
We are satistled that the current Order should not be expanded, insofar as it
provides contacts between Mr, Frye and the children. However, if you wish to propose
any changes, I invite you to communicate any such proposals directly to me,
I am informed that Mr. Frye has told the children that they should not use their
maternal Grandmother's name because of her mentioning religious beliefs in front of
the children. These children have been raised in the First Assembly of God Church
for a sustained period of time. EfTorta on Mr. Frye's part to intsrfers with consistent
religious upbringing, and to interfere with the Grandmother's relationship with the
children only serve to cause us to be even more convinced that if anything, Mr, Frye's
periods of time with the children should be reduced.
The children report to mother that father haa told them if mother ever had a
boyfriend, that boyfriend would kill the children because the boyfriend would want to
have a relationship with mother and not have the children in the way, It is hard to
im"-gine how these kinds of stories arise from thin air and it seems to me very likely
that if the children make such a statement, it is because in fact the father haa made
such a statement.
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MAR 1 1 199P oP
TBRBs.., J. FRYB,
Plaintiff
V
IIN THE COURT OF COHHON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
tNO: 1679 CIVIL 1996
IIN CUSTODY
PATRICK H. FRYE,
Defendant
COURT ORDER
AND NOW, this 13 d, day of March, 1998, upon consideration of the
attached Custody ConcJ.liation Report, it is ordered and directed aB
followsI
1. A hearing is scheduled in Court Room No. 'J of the Cumberland
County Courthouse on the ..1/ r-f. day of C,).t<."" ,
1998, at 1:,,,1 d m. at which time testimony will bfJ taken in
this case. At this hearing, the Father, Patrick H. Frye,
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,
each party's position on those issues, a list of witnesses who
will be called to testify and a summary of the anticipated
testimony of each witness. This memorandum shall be filed at
least ten days prior to the mentioned hearing date.
2. The prior Custody Order dated January 9, 1998, shall remain in
effect, and Father shall continue to have temporary custody
with the minor children under a supervised arrangement.
However, Father's period of temporary custody under the
supervised arrangement shall be for at least two evening
sessions per week of approximately two hours each.
3. The parties shall submit themselves and the minor children to
a custody evaluation to be performed by Dr. Arnie Scheinvold.
Cost of this evaluation shall be shared equally between the
parties. Dr. Scheinvold is authorized to share with counsel
for both parties the results of the evaluation.
COI Jay R. Braderman, Esquire
Harry M. Ness, Esquire
BY THE COU~j
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TERESA J. FRYE,
Plaintiff
V
IIN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
.
.
PATRICK H. FRYE,
Defendant
INO: 1679 CIVIL 1996
IIN CUSTODY
Prior Judgel
George E. Hoffer
CONCILIATION CONJ'ERENClC SUHfARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following report:
1 . The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Brandon Patrick Frye, born May 12, 1993; and Damon Harold
Frye, born January 15, 1995.
2. A Conciliation Conference was held on March 5, 1998, with the
following individuals in attendance:
The Father, Patrick H. Frye, with his
Braderman, Esquire; and the Mother, Teresa
counsel, Harry M. Ness, Esquire.
counsel, Jay R.
J. Frye, with her
3. The parties were before the Conciliator this past January. At
that first conference, they agreed that Father would have
supervised visitation pending the completion of a
psychological report. A psychological report was completed by
Dr. Stanley Snyder. The results of that report are in
dispute. Mother is suggesting that supervised visitation
should continue because she believes the Father is a threat to
the welfare of the children on the basis of prior physical
violence. Father disputes these allegations that there has
been any prior violence toward the children, and Father
suggests that he should have some unsupervised time with the
children.
4. The parties are unable to reach an agreement. Because of the
fact that there was a prior agreement in January to supervised
viBitation, the Conciliator is not inclined to recommend
expanding that visitation at this time. However, the
Conciliator is of the opinion that ultimately the Father needs
to be afforded some unsupervised time on a gradual basiB in
order for this case to move along and in order for the Father
to exercise custody with the children in a meaningful manner.
'AN 0 6 1998
TBRESA J. FRYB,
Plaintiff
V
IIN THE COURT OF COMMON PLBAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INOI 1679 CIVIL 1996
I IN CUSTODY
PATRIClC H. FRYE,
Defendant
IJ k. COURT ORDER
AND NOW, this ~ day of January, 1998, upon
the attached Custody Conciliation Report, it
directed as follows:
consideration of
is ordered and
1. The parties agree that Cumberland County shall have
jurisdiction in connection with the custody case.
2. A temporary custody order is entered as followsI
A. The Mother, Teresa J. Frye, shall have primary physical
and legal custody of Brandon Patrick Frye, born Hay 12,
1993; and Damon Harold Frye, born January 15, 1995.
B. The Father, Patrick H. Frye, shall have periods of
temporary physical custody with his minor children every
week for a period of at least two hours under superviBed
arrangement. The supervised custody shall be at a
setting organized by the Mother in the York area.
F.dlure of the ""other to set up appointmentB starting
during the week of January 19 shall result in the Father
being able to set up supervised visitation with the minor
children at Children's Playroom in Harrisburg. Father
shall incur the expenses in connection with any
supervised visitation.
C. Father shall undergo a psychological examination by a
qualified professional with the results of this
examination to be shared with counsel for both partie..
3. The parties shall meet with the Custody Conciliator again on
Thursday, March 5, 1998 at 8:30 a.m. for a Conferenoe.
J.
.
CCI Haria P. Cognetti, Esquire
Jay R. Braderman, Esquire
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TERESA J. FRYE,
Plaintiff
V
IIN THE COURT OF COMMON PLEAS OF
ICUMBERLAND COUNTY, PENNSYLVANIA
I
ICIVIL ACTION - LAW
I
INO: 1679 CIVIL 1996
:IN CUSTODY
PATRIClC H. FRYE,
Defendant
Prior Judgel Harold E. Sheely, P.J.
CONCILIA'l'ION CONl'I:RJ:NCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(bj, the undersigned Custody Conciliator submits the
following reportt
1. The pertinent information pertaining to the children who are
the subject of this litigation is as follows:
Brandon Patrick Frye, born May 12, 1993; and Damon Harold
Frye, born January 15,1995.
2. A Conciliation Conference was held on January 2, 1998, with
the following individuals in attendancel
The Mother, Teresa J. Frye, with her counsel, Maria P.
Cognetti, Esquire; and the Father, Patrick H. Frye, with his
counsel, Jay Braderman, Esquire.
3. There was a prior Custody Order issued in York County. The
Mother then obtained a Protection From Abuse Order in
Cumberland County which included a provision granting her
primary custody of the minor children. The Father has been
incarcerated since last January for a violation of the
Protection From Abuse Order. He was released from jail in
November 1997. It is disputed whether the protection from
abuse violation involved any of the two minor children.
Regardless, the parties are willing to agree on starting
supervised visitation with the Father with the understanding
that the Father shall have a psychological evaluation
completed and, if recommended, initiate counseling sessions
with that psychologist.
4. The parties are in agreement with the entry of an Order in the
form as attached.
drift
~'1:Z Eo..,,,
Custody Conciliator
TERESA J. .'RYE,
PlalntlffIRespondent
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYL VANIA
v.
: NO. 1679 CIVIL 1996
PATRICK II, FRYE,
Defendant/Petitioner
: CIVIL ACTION - LAW
: IN CUSTOI>Y
ORI>ER OF COllin
AND NOW. this ~ day of _-..i.cLI C ",), 2002, based on a Stipulation of the
parties, the following Order is entered superseding all prior Orders in this matter including the
Order of May 6, 1998:
1, The parties shall enjoy shared legal custody of the minor children, Brandon p, Frye,
date of birth May 12, 1993,and Damon H, Frye. date of birth January 15, 1995,
2, The parties shall share physical custody based on the following schedule:
A. The Petitioner/Defendant (Father) shall have physical custody of the minor
children every Sunday, Monday and Tuesday,
8, The Respondent/Plaintiff (Mother) shall have physical custody of the minor
children every Wednesday, Thursday and Friday.
C. Mother shall have custody of the children every other Saturday and Sunday with
the children being returned to the Father on Mother's weekend at 4:30 p,m, on Sunday, The
Saturday weekend visit for Father shall begin on Saturday no later than II :00 a,m,
D, Mother's Day with Mother and Father's Day with Father regardless of the
weekend schedule with times to be agreed upon by the parties,
E, During even numbered years, Mother will have the minor children on the Fourth
of July, and Father will have the children on Memorial Day and Labor Day, In odd numbered
years, Father shall have the children on the Fourth of July, and Mother will have the children on
Memorial Day and Labor Day,
,
"11\ ,
F, In even numbered yeW's, Mother will have the children on Thunksgivlng Day,
and in odd numbered yeW's, Thanksgiving will be the Fathcr's holiday.
G. Except as specifically set lorth herein, all times for cxchange of the children
shall be agreed upon by the parties, whether it be a weekday, weekend or holiday schedule,
H, The Christmas holiday will be divided into two (2) twenty,lllur (24) hour
segments, Segment A will be from Christmas Eve Day at 12:00 Noon until Christmas Day at 12:00
Noon, und Segment B will be from Christmas Day at 12:00 Noon until December 26, at 12:00
Noon, This schedule will alternate from year,to'year with Mother having Segment A in odd
numbered yeW's and Father having Segment B,
I. The parties will alternate New Year's Eve and New Year's Day, the alternating
schedule shall begin with the Dclendant having New Year's Eve in 2002, times to be agreed upon
by the parties.
J. In the yeW' 2002, Father will have Brandon on his birthday and Mother will have
Damon on his birthday. In the year 2003, the schedule will be the opposite and will alternate yeW'-
to-year,
K. During the summer, each parent will have two (2) weeks either consecutive or
separate at the selection of the parcnt so long as the other parent has provided alleast thirty (30)
days written notice, In no event can a vacation interfere with a scheduled holida) i
L. During thc summer months, or days when the children are not in school und
Mother is working, she will bring th<: childrcn to Father's home on Wednesday, Thursday and
Friday, The purpose of this schedule is for the children to be with one or the other parent. If
Mother is off on uny of the days the children do not have school, she may retain custody of the
children except as provided in Sub, Paragraph N hereof, Ifnot, Father will retain custody lor these
periods of time, In the event neithcr parent can carc Illr the children, the other parent can then elcct
alternate child cW'e,
TERESA J. FRYE,
Plaintiff/Respondent
: IN THE COURT OF COMMON I)LEAS
: CUMDlmLANI) COUNTY,I)(<:NNSYlN ANIA
v.
: NO. 1679 CIVIL 1996
I)ATRICK H. FRYE,
I)efendan t/l)etitioller
: CIVIL ACTION - LAW
: IN CUSTOI)Y
I)ETITION TO MOlliFY EXISTING ClISTOI)Y OIWEI{
ANI) .IOINI)EI{ OF I'LAINTIHIIU:SI'ONI)ENT
ANI) COMES NOW. Petitioner. Patrick II. Frye. by and through his attorneys. James.
Smith, Durkin & Connelly, 1.1.1' by John J, Connelly. Jr.. !;squire. and lib the tilllowing Petition
to Modify Existing Custody Order and in support thereof. respectfully represents as follows:
I , Your Petitioner is Patrick II. Frye, who currently resides at 822 Lisburn Road,
Carlisle, Cumberland County, Pennsylvania 17013,
2, The Respondent is Teresa J, Frye, who currently resides at 73 Willow Street.
Carlisle, Cumberland County, Pennsylvania 17013 and joins in this Petition,
3. The parties arc the parents of two minor children. Brundon 1', Frye, date of birth
May 12,1993. and Damon II, Frye, date of birth January 15. 1995,
4, A Stipulation wml signed between the parties and entered as an Order of Court in the
above-captioned action, A copy of the said Order is attached hereto and marked Exhibit" A",
5. It is the bcliefofboth the Petitioner and the Respondent that it is in the Iwst interests
of the minor children to modil> the Order as more particularly set Illl'th herein, graJltinlt him
additional time with the children and. further, granting him shared physical eustod>,
6. By the Joinder of the parties attached hereto. the parties have agreed to the h:rnls
TERESA J. FRYE,
Plaintiff
I IN THE COURT OF COMMON ;LEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
CIVIL ACTION - LAW
NO. 1679 CIVIL 1996
IN CUSTODY
PATRICK H. FRYE,
Defendant
CUSTODY STIPULATION
AND NOW, corne the above named parties, by and through their
respective counsel, Harry M. Ness, Esquire, attorney for Plaintiff
(Mother), Teresa J. Frye and Jay R. Braderman, Esquire, attorney
for Defendant (Father), Patrick H. Frye, and stipulate as follows:
1. Plaintiff is Teresa J. Frye who resides at 414 E. Colleg<!l
Avenue, York, York County, Pennsylvania.
2. Defendant is Patrick H. Frye who resides at 822 Lisburn
Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant are the parents of two children,
Brandon P. Frye, age 4, born May 12, 1993 and Damon H. Frye, age 3,
born January 15, 1995.
4, Primary physical custody of the children is presently
with Plaintiff, Teresa J. Frye.
5. On or about September 9, 1997, Defendant, p~trick H.
"
Frye, filed a "petition for Hearing and Cancellation of a-Custody
Order" to the above term and number, seeking to have access to his
children.
Plaintiff, Teresa J. Frye, had been given exclusive
custody of the children by a prior Order of this Court after
Defendant was found to be in violation of a Protection from Abuse
Order.
6. Pursuant to Defendant's Petition filed above, two
hearings were held before Hubert J. Gilroy, Custody Conciliator.
No final resolution was reached and as a result, the Court has set
July 27, 1998 as a date for trial pursuant to Plaintiff's Petition.
7. Recently, the parties, as well as their respective
counsel, have been engaged in significant dialogue and as a result,
an agreement has been reached which the parties respectfully
request the Court approve.
NOW THEREFORE, the parties, through their respective
counsel agree as follows:
A. The parties shall have shared legal custody of
Brandon Patrick Frye and Damon Harold Frye, so that each shall
participate equally in major decisions affecting the best interests
of said children, including, but not limited to, medical, religious
and educational decisions and, further, each parent shall have
equal access to medical, dental and school records.
B. Mother shall have primary physical custody of the
children.
"
C. Father shall have partial physical custody of the
children as follows:
( i)
Commencing on Sunday, April 5, 1998, and'
inClUding Sunday, April 12, 1998, Father shall have unsupervi.ed
2
vi.sits with his children trom 1:00 p.m. to 6:00 p.m.
(ii) For the following four (4) weeks, Mother
shall deliver the children Monday afternoons at 6:00 p.m. to the
Getty gas station near Facher's residence and Father will return
the older child, Brandon Frye, to school on Tuesday morning and
return the younger child, Damon Frye, to the maternal grandmother I s
residence on Tuesday morning.
(iii) Commencing on June 9, 1998 and continuing
throughout the summer of 1998 until the time that the oldest child
commences school, Father shall have his children every Monday at
6:00 p.m. and return them Wednesday eve~ing at 6:00 p.m.
Deliverance of the children will be at a place mutually agreed upon
by the parties and return of the children will be at Mother's
residence. Father agrees not to enter Mother's residence unless
invited.
(iv) Such other times as the parties may agree.
(v) During the summer of 1998, the parties
will use their best efforts to renegotiate further times in the
future that Father may exercise his partial rights of physical
custody. The parties agree that in no event, however, shall
Father's time be reduced from that time he had during the summer
weeks of 1998.
D. The parties shall be allowed unlimi ced phone contact
with the children as long as it is not burdensome and harassing.
Father agrees to maintain a cell phone or pager at all times when
3
he has partial custody of the child=en and to give that number to
Mother. Father agrees that when he is paged by Mother, he wil~
promptly return all pages.
E. Neither party shall sp~ak ill or malign the other
party to the children.
F. Defendant Father requests that the custody trial
scheduled for July 27, 1998 be cancelled.
G. The parties hereby waive the requirement of Rule
1915.7 requesting the parties and the children be present before
the Court to present this Stipulation and further intend this
Stipulation to be entered as an Order of the Conrt of Common Pleas
of Cumberland County, Pennsylvania, subject to modificatiQns as
provided by law.
Intending to be legally bound, the parties have signed this
Stip'llation as evidenced below.
/'--
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TERESA J. FR~
~
WITNESS
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WITNESS
-
PATRICK H. FRYE
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TERESA J. FRYE,
PllllnlllT/Respondent
: IN THE COURT OF COMMON PLEAS
: CUMDERI,ANI> COUNTY, PENNSYL VANIA
v.
: NO. 1679 CIVIL 1996
PATRICK H. FRYE,
I>dcndllnt/Petltloner
: CIVIL ACTION . LA W
: IN CUSTOI>Y
ORI>ER OF (,OlIRT
AND NOW, this _ day 01'_ _,2002, based on a Stipulation of the
parties, the following Order is entered superseding all prior Orders in this matter including the
Order of May 6, 1998:
1, The parties shall enjoy shared legal custody of the minor children, Brandon p, Frye,
date of birth May 12, 1993, and Damon H, Frye, date ofbiath January IS, 1995,
2, The parties shall share physical custody based on the following schedule:
A. The Petitioner/Detcndant (Father) shall have physical custody of the minor
children every Sunday, Monday and Tuesday,
B, The RespondentIPlaintiff (Mother) shall have physical custody of the minor
children every Wednesday, Thursday and Friday,
C. Mother shall have custody of the children every other Saturday and Sunday with
the children being returned to the Father on Mother's weekend at4:30 p,m, on Sunday, The
Saturday weekend visit for Father shall begin on Saturday no later than II :00 a,m,
D, Mother's Day with Mother and Father's Day with Father regardless of the
weekend schedule with times to be agreed upon by the parties,
E, During even numbered years, Mother will have the minor children on the Fourth
of July, and Father will have the children on Memorial Day and Labor Day, In odd numbered
years, Father shall have the children on the Fourth of July. and Mother will have the children on
Memorial Day and Labor Day,
.
'.
F. In even numbered years, Mother will huve the children on Thanksgiving Day,
and in odd numbered years, Thanksgiving will be the Father's holiday.
Q, Except as specifically set forth herein, ull times for exchange of the children
shall be agreed upon by the parties, whether it be a weekday, weekend or holiday schedule,
H. The Christmas holiday will be divided into two (2) twenty-four (24) hour
segments, Segment A will be from Christmas Eve Day at 12:00 Nooll until Christmus Day at 12:00
Noon, and Segment B wiil be from Christmas Da)' at 12 :00 Noon until December 26, at 12 :00
Noon, This schedule will ultemate Irom year-to'year with Mother having Segment A in odd
numbered years and Father having Segment B.
I. The parties will alternate New Year's Eve and New Year's Day, the alternating
schedule shall begin with the Defendant having New Year's Eve in 2002, times to be agreed upon
by the parties,
J, In the year 2002, Father will have Brandon on his birthday and Mother will have
Damon on his birthday, In the year 2003, the schedule will be the opposite and will alternate year-
to-year,
K. During the summer, each parent will have two (2) weeks either consecutive or
separate at the selection of the parent so long as the other parent has provided at least thirty (30)
days written notice, In no event can a vacation interfere with a scheduled holiday,
L. During the summer months, or days when the children are not in school and
Mother is working, she will bring the children to F<lIher's home on Wednesday, Thursday and
Friday. The purpose of this schedule is for the children to be with one or the othcr parent. If
Mother is olTon any of the days the children do not have school, shc muy retain custody of the
children except as provided in Sub, Paragraph N hereof, If not, Father will retain custody for these
periods of time, In the event neither parent can care for the children, the other parent can then elect
alternate child care,
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Petitionl.'\' phy~ically dis~iplined both ~hildr~n Ibr the incident sinee, to some degree. they were both
at fuult and, alk'l' a eooling (ill' period. Murnl.-d to trick or treating Ibr the evening,
6. The children retuml-d home with the Petitioner to separate their candy. they watched
television and went to bed without lurther problems, The children went to school the Illllowing
moming to their respective schools. Brandon goes to Iron Forge Elementary (Filth grade) and
Dwnon goes to Rice Elementary (Third grade),
7, The Respondent picked up the children Irom school Friday consistent with the tenns
of the existing Court Order and was to retain them until approximately 11 :00 a,m, Saturday,
8, At the time the Petitioner was to receive the children on Saturday morning.
Novembci I. 2003. the Respondent refused to return the children to the Petitioner and refused to
pennitthe Petitioner to speak to the children on the tekphone, The Respondent will not answer her
telephone and, on Monday and Tuesday. November 3, and 4, 2003. has kept the children out of
school.
9, The Petitioner has contacted each of the schools and was advised by oftieials at the
schools that the children's absences from school were unexcused, To the knowledge of the
Petitioner. the Respondent has not contacted the schools and advised them as to why the children
have notallended.
10, The Petitioner believes and theretl1re avers that the Respondent is in blatant
contempt of this Court's Order by retusing to return the children to the Petitioner, Further, it i3
pleaded that the Petitionl'!' has expended substantial sums in the preparation of this Petition and is
requesting that the Court hold the Respondent in contempt. order the immediate return ofthe
TERESA J. FRYE,
Plalntl1T/Respondent
v.
PATRICK H. FRYE,
DefendantIPetitioner
: IN THE COURT OF COMMON PLl AS
: CUMBERLAND COUNTY, PENNS'/L VANIA
: NO. 1679 CIVIL 1996
: CIVIL ACTION . LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, this Ji'C' day of J..du, "1 .,2002, based on a Stipulation of the
panies, the following Order is entered superseding all prior Orders in this matter including the
Order of May 6, 1998:
1. The panies shall enjoy shared legal custody of the minor children, Brandon p, Frye,
date of birth May 12, 1993, and Damon H, Frye, date of birth January IS, 1995.
2, The panies shall share physical custody based on the following schedule:
A. The Petitioner/Defendant (Father) shall have physical custody of the minor
children every Sunday, Monday and Tuesday,
B, The RespondentIPlaintiff (Mother) shall have physical custody of the minor
children every Wednesday, Thursday and Friday,
C, Mother shall have custody of the children every other Saturday and Sunday with
the children being returned to the Father on Mother's weekend at 4:30 p,m, on Sunday, The
Saturday weekend visit for Father shall begin on Saturday no later than 11:00 a,m,
D, Mother's Day with Mother and Father's Day with Father regardless of the
weekend schedule with times to be agreed upon by the parties,
E. During even numbered years, Mother will have the minor children on the Fourth
of July, and Father will have the children on Memorial Day and Labor Day, In odd numbered
years, Father shall have the children on the Fourth of July, and Mother will have the children on
Memorial Day and Labor Day,
F, In even numbered years, Mother will have the children on Thanksgiving Day,
and in odd numbered years, Thanksgiving will be the Father's holiday,
G, Except as specifically set forth herein, all times for exchange of the children
shall be agreed upon by the parties, whether it be a weekday, weekend or holiday schedule,
H, The Christmas holiday will be divided into two (2) twenty-four (24) hour
segments, Segment A will be from Christmas Eve Day at 1~:00 Noon until Christmas Day at 12:00
Noon, and Segment B will be from Christmas Day atl~:OO Noon until December 26, at 12:00
Noon, This schedule will altemate from year-to-year with Mother having Segment A in odd
numbered years and Father having Segment B.
1. The parties will alternate New Year's Eve and New Year's Day, the alternating
schedule shall begin with the Defendant having New Year's Eve in 2002, times to be agreed upon
by the parties,
J, In the year 2002, Father will have Brandon on his birthday and Mother will have
Damon on his birthday, In the year 2003, the schedule will be the opposite and will alternate year-
to-year,
K. During the summer, each parent will have two (2) weeks either consecutive or
separate at the selection of the parent so long as the other parent has provided at least thirty (30)
days written notice, In no event can a vacation interfere with a scheduled holiday,
L. During the summer months, or days when the children are not in school and
Mother is working, she will bring the children to Father's home on Wednesday, Thursday and
Friday, The purpose of this schedule is for the children to be with one or the other parent. If
Mother is off on any of the days the children do not have school, she may retain custody of the
children except as provided in Sub-Paragraph N hereof. If not, Father will retain custody for these
periods oftime, In the event neither parent can care for the children, the other parent can then elect
altemate child care,
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TERESA FRYE CRA YTON
PlaintifilPetitioner
: IN nlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1679 CIVIL TERM
VS,
PATRICK H, FRYE
Defendant/Respondent
CUSTODY
PRAECIPE TO WITIIDRAW PETITION
To the Prothonotary:
Please withdrllw without prejudice the Petition for Modification brought by Plaintiff, Teresa Frye
Crayton, in the above captioned case.
Respectfully submitted:
..",;YL
Jessica Diamondstone, Attorney at Law
MIDPENN LEGAL SI;:RVICES
8 Irvine Row
Carlisle, PA 17013
(717) 2439400
J.D. # 82214
Attorney for Plaintiff Teresa Frye Crayton
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TERESA J, FRYE,
Pluintlll'
IN HIE COllRT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYI.VANIA
v.
CIVIL ACTION - I.A W
PATRICK H. FRYE.
Defendant
NO. 96-1679 CIVIL TERM
ORm:~91:'_ C<lURI
AND NOW, this I sl duy of Decembcr, 2003, upon consideration of the withdrawal
of Defendant's Petition filr Fmerl!ency Relief and Contempt, the order of court dated
November 5. 2003, relerring the muller to the custody conciliation process is vucated.
THE COURT ADMINISTRATOR is requested to udvise the Custody Conciliator
to which the mallerwus referred of this order,
BY THE COURT,
v.re;sica Diamondstone. Esq,
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Allorney for Plaintiff
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vlbhn J, Connelly, Jr" Esq,
P,O, Box 650
Hershey, PA 17033
Allorney for Defendant
Cumberland County Court ,
Administrator ;' I '11, I. it< ,.,)'" ,
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Petitioner physically disciplined both children for the incident since, to some degree, they were both
at fault and, after a cooling off period, returned to trick or treating for the evening,
6, The children returned home with the Petitioner to separate their candy. they watched
television and went to bed without further problems, The children went to school the following
morning to their respective schools, Brandon goes to Iron Forge Elementary (Fifth grade) and
Damon goes to Rice Elementary (Third grade),
7, The Respondent picked up the children from school Friday consistent with the tenns
of the existing Court Order and was to retain them until approximately 11:00 a.m. Saturday,
8, At the time the Petitioner was to receive the children on Saturday morning,
November 1, 2003, the Respondent refused to return the children to the Petitioner and refused to
pennit the Petitioner to speak to the children on the telephone, The Respondent will not answer her
telephone and, on Monday and Tuesday, November 3, and 4, 2003, has kept the children out of
school.
9, The Petitioner has contacted each of the schools and was advised by officials at the
schools that the children's absences from school were unexcused, To the knowledge of the
Petitioner, the Respondf.'nt has not contacted the schools and advis.:d them as to why the children
have not attended,
10, The Petitioner believes and therefore avers that the Respondent is in blatant
contempt of this Court's Order by refusing to return the children to the Petitioner, Further, it is
pleaded that the Petitioner has expended sL:bstantial sums in the preparation of this Petition and is
requesting that the Court hold the Respondent in contempt. order the immediate return of the
children and award the Petitioner counsel fees for the preparation of the Petition and attendance at
any court proceedings.
WHEREFORE, your Petitioner requests that the Court direct that the children immediately
be returned to the Petitioner consistent with the tenns of the existing Court Order, hold the
Respondent in contempt and award counsel fees to the Petitioner for the preparation of the Petition
and attendance at court proceedings,
Respectfully submitted,
Date:~
.,
,
: I',
TERESA J. FRYE,
PlalDt1ffIRespoDdeDt
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTI', PENNSYLVANIA
,
".
: NO. 1679 CML 1996
PATRICK H. FRYE,
DefeDdaDt/PetitloDer
: CIVD.. ACTION. LAW
: IN CUSTODY
ORDER OF COlmT
AND NOW, this J So/day of J..l J~. .... Y , 2002, based on a Stipulation of the
parties, the following Order is entered superseding all prior Orders in this matter including the
Order of May 6,1998:
1. The panies shall enjoy shared legal custody of the minor children, Brandon p, Frye,
date of birth May 12, 1993, and Damon H, Frye, date of birth January IS, 1995,
2. The parties shall share physical custody based on the following schedule:
A. The PetitionerlDefendant (Father) shall have physical custody of the minor
children every Sunday, Monday and Tuesday.
B, The Respondent/Plaintiff (Mother) shall have physical custody of the minor
children every Wednesday, Thursday and Friday,
,
C. Mother shall have custody of the children every other Saturday and Sunday with
the children being returned to the Father on Mother's weekend at 4:30 p,m, on Sunday, The
Saturday weekend visit for Father shall begin on Saturday no later than 11:00 a.m,
D, Mother's Day with Mother and Father's Day with Father regardless of the
weekend schedule with times to be agreed upon by the panies,
E, During even numbered years, Mother will have the minor children on 1he Fourth
of July, and Father will have the children on Memorial Day and Labor Day, In odd numbered
years, Father shall have the children on the Fourth of July, and Mother will have the children on
Memorial Day and Labor Day,
, ,
,
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F, In even numbered years, Mother will have the children on Thanksgiving Day,
and in odd numbered years, Thanksgiving will be the Father's holiday,
Q, Except as specifically set forth herein, all times for exchange of the children
shall be agreed upon by the parties, whether it be a weekday, weekend or holiday schedule,
H. The Christmas holiday will be divided into two (2) twenty-four (24) hour
segments, Segment A will be from Christmas Eve Day at 12:00 Noon until Christmas Da)' at 12:00
Noon, and Segment B will be from Christmas Day at 12:00 Noon until December 26, at 12:00
Noon, This schedule will alternate from year-to'year with Mother having Segment A in odd
numbered years and Father having Segment B,
1. The parties will alternate New Year's Eve and New Year's Day, the alternating
schedule shall b~gin with the Defendant having New Year's Eve in 2002, times to be agreed upon
by the parties,
J, In the year 2002, Father will have Brandon on his birthday and Mother will have
Damon on his birthday, In the year 2003, the schedule will be the opposite and will alternate year'
to,year,
K. During the sununer, each parent will have two (2) weeks either consecutive or
separate at the selection of the parent so long as the other parent has provided at least thirty (30)
days written notice, In no event can a vacation interfere with a scheduled holiday,
L. During the summer months, or days when the children are not in school and
Mother is working, she will bring the children to Father's home on Wednesday, Thursday and
Friday, The purpose of this schedule is for the children to be with one or the other parent. If
Mother is off 011 any of the days the children do not have school, she may retain custody of the
children except as provided in Sub-Paragraph N hereof. If not, Father will retain custody for these
periods oftime, In the event neither parent can care for the children, the other parent can then elcct
alternate child care,
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TERESA FRYE CRA YTON
Plaintil1'
NOV 0 6 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO, 96-1679
CIVIL TERM
PATRICK H, FRYE
Defendant
: CUSTODY
ORDER OF ('OURT
AND NOW, upon consideration of the attached complaint. it is hereby directed that the
parties and their respective counsel appear hefore ,
the conciliator, at on the _ day of . 2003, at _ .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 deline 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 Proteetlon from
Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to
scheduled hearing.
By the Court,
Date:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT IIA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
IIELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDfORD STREET
CARLlSLE,PA 17013
(717) 249,3166 OR (800) 990,9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990, For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
Pease 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,
the children. The father hab custody of the children on Sunday through Tuesday and the mother
has custody of the children on Wednesday through Friclay, The parents alternate custody of the
children for the weekends.
S, The mother requcsts that the Court suspcnd thc luthcr's custody rights and that
she be granted temporary physical custody of the children for the reasons including the
following:
a, On Thursday, October 30, 2003, the mother allowed the father to have
custody of the children for purposes of taking themtrick-or-treating,
b. While trick-or-treating, the father struck Brandon on the head by his right eye
and temple, knocking him to the ground,
c, While in the car, the father repeatedly slapped Damon on the left side of his
face, despite Damon's pleas that his father stop hitting him,
d, The father told the boys that if they did not finish trick-or-treating at every
house in the development by 8:00 p,m" he would spank them so hard he
would have to call the school the nellt day to tell them that the children were
sick because their legs would hurt so badly,
e, On October 31, 2;)03, when the mother retrieved the children from school, she
noticed bruising and other marks on the left side of Damon's face,
f, The children told the mother about the abuse that occurred during the triek-or-
treating and the mother immediately took the children to the Pennsylvania
State Police Carlisle Barracks, and the police are investigating the allegations,
6. The father's behavior in physically abusing the children adversely affects them
and is not in their best interests.
7. The mother is the parent who can best provide for the children for reasons
including but not limited to:
a. The mother is presently able to provide for the children by giving them a
nurturing environment and providing for their emotional, physical. medical
and educational needs,
b. The mother fears for the safety of the children, at least until the father can
complete anger management counseling and parenting classes,
c. The mother is the parent best able to initiate and maintain contact with the
non,custodial parent.
8, The mother requests that the Court grant primary physical and legal custody of
the children to her and suspend the father's custody rights pending further Order of the Court.
,
9. In accordance with Cumberland County Local Rule 206-2(c), counsel for the
mother has contacted the father's allorney, John J, Connelly, Esquire, to request concurrence
with the Petition for Modification, Such concurrence was not granted,
WHEREFORE, Petitioner respectfully requests 'he following:
a), That the Court immediately grant primary physical and legal custody to
the mother,
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TERESA FRYE CRAYTON
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERl.AND COUNTY, PENNSYL VANIA
vs,
: NO, 96-1679 CIVIL ACTION
PATRICK H. FRYE
Defendant/Respondent
: CUSTODY
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Petitioner, TERESA J, FRYE CRA YTON, by and through her counsel, Joan Garey!!lJd ),;
- t~ -:
PETITION FOR MODIFICATION
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Jessica Diamondstone of MidPenn Legal Services, states the following:
I, Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who
currently resides at 73 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2, Respondent is the above,. named Defendant, Patrick H, Frye, hereinafter referred
to as the father, who resides at 822 Lisbum Road, Carlisle, Cumberland County, Pennsylvania.
17013,
3, The above-named parties are the natural parents of Brandon Patrick Frye, born
May 12,1993 and Damon Harold Frye, born January IS, 1995,
4, The most recent court order in this matter was entered by consent on February 28,
2002 and, in pertinent part, granted the mother and father shared legal and physical custody of
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the children, The father has custody of the children on Sunday through Tuesday and the mother
has clIstody of the children on Wedncsday through Friday. The parents alternate custody of the
children for the weekends,
5, The mother requests that the Court suspend the father's custody rights and that
she be granted temporary physical custody of the children for the reasons including the
following:
a, On Thursday, October 30,2003, the mother allowed the father to have
custody of the children for purposes of taking them trick,or,treating.
b, Whlle trick-or-treating, the father struck Brandon on the head by his right eye
and temple, knocking him to the ground,
c, While in the car, the father repeatedly slapped Damon on the left side of his
face, despite Damon's pleas that his father stop hitting him,
d, The father told the boys that if they did not finish trick-or-treating at every
house in the development by 8:00 p,m" he would spank them so hard he
would have to call the school the next day to tell them that the children were
sick because their legs would hurt so badly,
e, On October 31, 2003, when the mother retrieved the children from school, she
noticed bruising and other marks on the left side of Damon's face,
f, The children told the mother about the abuse that occurred during the trick-or-
treating and the mother immediately took the children to the Pennsylvania
State Police Carlisle Barracks, and the police are investigating the allegations,
the children, The lillher has custody of the children on Sunday through Tuesday and the mother
has custody of the children on Wednesday through Friday, The parents alternate custody of the
children lor the weekends,
5, The mother requests that the Court suspend the father's euslody rights and that
she be granted tcmporary physieul custody of the children lor the reasons including the
following:
a, On Thursduy, October 30, 2003, the mother allowed Ihe !tuher to have
custody of the children for purposes of taking them triek,or-trealing.
b, While trick,or,lrealing, Ihe father struck Brandon on the head by his right eye
and temple, knocking him 10 the ground,
c. While in the car, thc father repeatedly slapped Damon on the left side of his
face, despite Damon's pleas Ihal his father stop hilling him,
d, The falher lold the boys thai if they did nOllinish Iriek,or,lrealing at every
house in Ihe developmenl by 8:00 p,m" he would spank Ihem so hard he
would have to call1he school the next day 10 tell them that the children were
sick because their legs would hurl so badly,
e, On October 31, 2003, when the mother retrieved the children from school, she
noticed bruising and other marks onthc left side of Damon's face,
f. The children told the mother aboullhe abuse thai occurred during Ihe trick-or-
treating and the mother immediately took the children to the Pennsylvania
Stale Police Carlisle Barracks, and the police are investigating the allegations,
VERIFICATION
The above-named Plaintiff, John Doe, verifies that the statements made in the above
Petition for Modification are true and correct. Plainliffunderstands that false statements herein
are made subject to the penalties of 18 Pa, C,S, 94904, relating to unsworn falsification to
authorities.
Date: /(- ?,-i/J!>
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Teresa Crayton, Plaintiff
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TERESA FRYE CRAYTON
PlaintilTlPetitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 96.1679 CIVIL TERM
PATRICK H. FRYE
DefendanllRespondent
: CUSTODY
CERTIFICATE OF SERVICE
I, Jessica Diumondstone, Esquire, of MidPenn Legal Services, allomey for the
Petitioner. Teresa Frye Crayton, hereby certify Ihatl have served a copy of the foregoing
Petition for Modification on the following date and in the manner indicated below:
U.S. First Class Mail. Posta~e Pre-Paid
John J, Connelly, Jr" Esquire
James Smith Diellel'ick & Connelly LLP
P,O, Box 650
Hershey, PA 17033
MidPenn Legal Services, Inc.
Date: lJ In' () 1
Jess' Diamondstone, squire
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
, '
TERESA FRYE CRAYTON
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs,
NO, 96-1679 CIVIL ACTION
PATRICK H, FRYE
Defendant/Respondent
CUSTODY
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Petitioner, TERESA J, FRYE CRAYTON, by and through her counsel, Joan 'C~y aiid
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Jessica Diamondstone of MidPenn Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who
currently resides at73 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013,
2, Respondent is the above-named Defendant, Patrick H, Frye, hereinafter referred
to as the father, who resides at 822 Lisbum Road, Carlisle, Cumberland County, Pennsylvania,
17013.
3, The above-named parties are the natural parents of Brandon Patrick Frye. bom
May 12, 1993 and Damon Harold Frye, born January IS, 1995.
4, The most recent court order in this mailer was entered by consent on February 28,
2002 and, in pertinent part, granted the mother and father shared legal and physical custody of
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the children. The father has custody of the children on Sunday through Tuesday and the mother
has custody of the children on Wednesday through Friday, The parents alternate custody of the
children for the weekends.
5, The mother requests that the Court suspend the father's custody rights and that
she be granted temporary physical custody of the children for the reasons including the
following:
a, On Thursday, October 30, 2003, the mother allowed the father to have
custody of the children for purposes of taking them trick,or-treating,
b, While trick,or-treating, the father struck Brandon on the head by his right eye
and temple, knocking him to the ground,
c. While in the car, the father repeatedly slapped Damon on the left side of his
face, despite Damon's pleas that his father stop hitting him.
d,. The father told the boys that if they did not finish trick-or-treating at every
house in the development by 8:00 p,m" he would spank them so hard he
would have to call the school the next day to tell them that the children were
sick because their legs would hurt so badly.
e, On October 31, 2003, when the mother retrieved the children from school, she
noticed bruising and other marks on the left side of Damon's face,
f, The children told the mother about the abuse that occurred during the trick-or-
treating and the mother immediately took the children to the Pennsylvania
State Police Carlisle Barracks, and the police are investigating the allegations,
TERESA FRYE CRAYTON
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 96-1679 CIVIL ACTION
PATRICK H. FRYE
Defendant/Respondent
: CUSTODY
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PETITION "'OR MODIFICATION
Petitioner, TERESA J. FRYE CRA YTON, by and through her counsel, Joan Carey and
Jessica Diamondstone of MidPenn Legal Services, states the following:
1. Petitioner is the above-named Plaintiff, hercinafler referred to as the mother, who
currently resides at 73 East Willow Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent is the above-numed Defendunt, Patrick H. Frye, hereinafter referred
to as the father, who resides at 822 Lisburn Road, Carlisle, Cumberland County, Pennsylvania,
17013.
3. The above-named parties are the natural parents of Brandon Patrick Frye, born
May 12, 1993 and Dumon Harold Frye, born Januury 15, 1995.
4. The most recent court order in Ihis matter was cntered by consent on February 28,
2002 and, in pertinent purt, granted the mother and futher shured legulund physical custody of
the children. The father has custody of the children on Sunday through Tuesday and the mother
has custody of the children on Wednesday through Friday. The parents alternate custody of the
children for the weekends.
5. The mother requests that the Court suspend the luther's custody rights and that
she be granted temporary physical custody of the children for the reasons including the
following:
a. On Thursday, October 30, 2003, the molher allowed the father to have
custody of the children for purposes of laking them trick-or-treating.
b. While trick-or-treating, tbe father struck Brandon on the head by his right eye
and temple, knocking him to the ground.
c. While in the car, the father repcatedly slapped Damon on the left side of his
face, despite Damon's pleas that his father stop hitting him.
d. The father told the boys thnt if they did not finish trick-or-treating at every
house in the development by 8:00 p.m., he would spank them so hard he
would have to call the school the next day to tell them that the children were
sick because their legs would hurt so badly.
e. On October 31, 2003, when the mother retrieved the children from school, she
noticed bruising and other marks on the left side of Damon's face.
f. The children told the mother about the abuse that occurred during the trick-or-
treating and the mother immedialely took the children to the Pennsylvania
Statc Police Carlisle Barracks, and the police are investigating the allegations.
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P.O, Box 650
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Petitioner physically disciplined both children for the incident since, to some degree, they were both
at fault and, after a cooling off period, returned to trick or treating for the evening,
6, The children returned home with the Petitioner to separate their candy, they watched
television and went to bed without further problems, The children went to school the following
morning to their respective schools, Brandon goes to Iron Forge Elementary (Fifth grade) and
D3II10n goes to Rice Elementary (Third grade),
7, The Respondent picked up the children from school Friday consistent with the tenns
of the existing Court Order and was to retain them until approximately 11:00 a,m, Saturday,
8, At the time the Petitioner was to receive the children on Saturday morning,
November I, 2003, the Respondent refused to return the children to the Petitioner and refused to
permit the Petitionl:!' to speak to the children on the telephone, The Respondent will not answer her
telephone and, on Monday and Tuesday, November 3, and 4, 2003, has kept the children out of
school.
9, The Petitioner has contacted each of the schools and was advised by officials at the
schools that the children's absences from school were unexcused, To the knowledge of the
Petitioner, the Respondent has not contacted the schools and advised them as to why the children
have not attended,
10, The Petitioner believes and therefore avers that the Respondent is in blatant
contempt of this Court's Order by refusing 10 return the children to the Petitioner, Further, it is
pleaded that the Petitioner has expended substantial sums in the preparation of this Petition and is
requesting that the Court hold the Respondent in contempt, order the immediate return of the
TERESA J. FRYE,
PlaiDtitJ/RelpoDdeDt
v.
: IN THE COURT OF COMMOl'\ PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 1679 CML 1996
PATRICK H. FRYE,
DefeDdaDtlPetitioDer
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COlTRT
AND NOW, this ..u~ day of J"'I..... ''j ,2002, based on a Stipulation of the
parties, the following Order is entered superseding all prior Orders in this matter including the
Order of May 6, 1998:
1. The parties shall enjoy shared legal custody of the minor children, Brandon p, Frye,
date of birth May 12, 1993, and Damon H. Frye, date of birth January IS, 1995,
2, The parties shall share physical custody based on the follOwing schedule:
A. The Petitioner/Defendant (Father) shall have physical custody of the minor
children every Sunday, Monday and Tuesday,
B, The Respondent/PlaintiffCMother) shall have physical custody of the minor
children every Wednesday, Thursday and Friday,
C, Mother shall have custody of the children every other Saturday and Sunday with
the children being returned to the Father on Mother's weekend at 4:30 p,m, on Sunday, The
Saturday weey.end visit for F ather shall begin on Saturday no later than 11:00 a,m,
D, Mother's Day with Mother and Father's Day with Father regardless of the
weekend schedule with times 10 be agreed upon by the panies,
E, During even numbered years, Mother will have the minor children on the Fourth
of July, and Father will have the children on Memorial Day and Labor Day, In odd numbered
years, Father shall have the children on the Fourth of July. and Mother will have the children on
Memorial Day and Labor Day,
F, In even numbered years, Mother will have the children on Thanksgiving Day,
and in odd numbered years, Thanksgiving will be the Father's holiday,
Q, Except as specifically set forth herein, all times for exchange of the children
shall be agreed upon by the panies, whether it be a weekday, weekend or holiday schedule.
H. The Christmas holiday will be divided into two (2) twenty-four (24) hour
segments, Segment A will be from Christmas Eve Day at 12:00 Noon until Christmas Day at 12:00
Noon, and Segment B will be from Christmas Day at 12:00 Noon until December 26, at 12:00
Noon, This schedule will alternate from year.to-year with Mother having Segment A in odd
numbered years and Father having Segment B,
1. Th(; parties will alternate New Year's Eve and New Year's Day, the alternating
schedule shall begin with the Defendant having New Year's Eve in 2002, times to be agreed upon
by the parties,
1. In the year 2002, Father will have Brandon on his birthday and Mother will have
Damon on his birthday, Jr, the year 2003, the schedule will be the opposite and will alternate year.
to.year,
K, During the swnmer, each parent will have two (2) weeks either consecutive or
separate at the selectior. of the parent so long as the other parent has provided at least thirty (30)
days written notice, In no event can a vacation interfere with a scheduled holiday,
L. During the sumner months, or days when the children are not in school and
Mother is working, she will bring the children to Father's home on Wednesday, Thursday and
Friday, The purpose of this schedule is for the children to be with one or the other parent, If
Mother is off on any of the days the children do not have school, she may retain custody of the
children except as provided in Sub-Paragraph N hereof. Ifnot, Father will retain custody for these
periods of time, In the event neither parent can care for the children, the other parent can then elect
alternate child care,
TERESA J, FRYE,
Plaintifti'Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLA VNIA
v,
: NO, 1679 CIVIL 1996
PATRICK H, FRYE,
Oefendant/Petitioner
: CIVIL ACTION - LAW
: IN CUSTODY
CERTIFICATE OF SERVICE
I, John], Connelly, ]r,. Esquire, of James, Smith, Oietterrick & Connelly LLP, attorney for
the Petitioner, Patrick H, Frye, hereby certify that I have served a copy of the foregoing Petition for
Emergency Relief and Contempt on the following on the date and in the manner indicated below:
V.S, First Class Mail, Postal/e Pre-Paid
Teresa], Frye
73 Willow Street
Carlisle. P A 17013
JAMES, SMITH. DIETIERRlCK & CONNELLY LLP
OATE: \\\ Ol.\tb3
,',
.'
has custody of the children on Wednesday through Friday. The parents alternate custody of the
children for thc weckends,
S, The mother requests that the Court suspend the father's custody rights and that
she be granted tcmporary physical custody of thc children for the reasons including the
following:
a. On Thursday, October 30, 2003, the mother allowed the father to have
custody of thc children for purposes of taking them trick.or-treating.
b, While trick-or-treating, the father struck Brandon on thc head by his right eye
and tcmple, knocking him to the ground,
c, Whilc in the car, the luther repeatedly slapped Damon on thc Icft side of his
face, despite Damon's pleas that his father stop hilling him,
.I, The father told the boys that if they did not finish trick-or-treating at every
house in the development by 8:00 p,m" hc would spank them so hard he
would have to call the school the next day to tell them that the children were
sick because their legs would hurt so badly,
e. On Octobcr 31,2003, when the mother retrieved the children from school, she
noticed bruising and other marks on thc left side of Damon's face,
f. The children told the mother about the abuse that occurred during the trick-or-
treating and thc mother immediately took the childrcn to the Pennsylvania
State Police Carlislc Barracks, and the police arc investigating the allegations,
with the Petition for Special Relief. Such concurrence was not granted,
WHEREFORE, Petitioner respectfully requests the following:
a), That the Court immediately grant primary physical and legal custody to
the mother,
b), That the Court suspend the father's custodial rights pending further Order
of the Court,
c). Petitioner also requests any other relief this court deems just and proper,
Respectfully Submilled,
MIDPENN LEGAL SERVICES
i/~
BY:
Joan Care ,AlIorney for Plaintiff
Jessica Di mondstone, Allorney for Plaintiff
8 Irvine Row
Carlisle, PA 17013
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