HomeMy WebLinkAbout96-05665
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:1 IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND COUNTY
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STATE OF '.. ". PENNA.
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SHERRY FRY
Plaintiff
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LARRY FRY
Defendant
DECREE IN
DIVORCE
AND NOW. "" ~ (Y...,...,..... 19't\..
it is ordered and
decreed that.. . . She.rrr. F.r~.. . . ... . .. .. . . .. . , . ... .. .. . ...... plaintiff.
and ' . , .. . . . . .. . . ~.~rry. .F~L . . , . .. . . .. . .. . .. .. . . . . . . . . . .. '. defendant.
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
None
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY . PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
SHERRY FRY.
Plaintiff
LARRY FRY,
Defendant
: 5",'5
: NO. 96- CIVIL TERM
ORDER OF COURT
AND NOW. this \l'\"dayof Co., of,! . 1996. upon consideration of the attached
complaint, it is hereby directed that the panies and their respective counsel appear before.
\-\.. \Jd\f b"~-'ihe conciliator. al II \ 1,\ 1.\. ,Cumberland County Courthouse.
on the I? "day of I).", t.,. 1996. at (\.<A m., for a Pre-Hearing Custody Conference. At
such conference. an effon will be made 10 resolve the issues in dispute; or if this cannot be
accomplished, to define and narrow the issues to be heard by the coon. and to enter into a
temporary order. Either party may bring the child(ren) who is the subject of this custody action
10 the conference, but the child/children's attendance is not mandatory. Failure to appear at the
conference may provide grounds for enlry of a temporary or permanenl order,
FOR THE COURT:
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By: I. "f .... . .r. l/'.*--I. -'-<r
Custody Conciliator ,/ t<))1!
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE. 4th Floor
CARUSLE. PA J70n
717/240-6200
AMERICANS WITII DISABILITIES ACT OF 1990
The Coon of Common Fleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible fKilities and
reasonable accommodations available to disabled Individuals havirll business before the court.
please contact our offICI:. All arrangements must be made alleast 72 boon pri<< to any bearinI
or business before the court, You must attenJ the scheduled conference or hearing.
FllED-OFFICE
OF TIlE Frol1lONOTARY
96 OCT 18 AH II: 29
CUMBEiLN+:> COUNtY
PENNS'ttVAN!A
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION . LAW
: IN DIVORCE
SHERRY FRY.
Plaintiff
LARRY FRY,
Defendant
/
/(, I. .,
: NO. 96- 'I CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish 10 defend against the claims set fonh in the
following pages. you must take prompt action. You are warned that if you fail to do so. the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you. including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the OffICe of the Prothonotary. Cumberland County Counhouse. Carlisle, Pennsylvania.
IF YOU DO NOT ALE A CLAIM FOR AUMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO AND OUT WHERE YOU CAN GET LEGAL
HELP.
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 infonnalion about accessible facilities
and reasonable accommodations available to disabled individuals havina business before the
coun, please contxt our offICe. AU amngements must be made at 1east 72 hours prior 10
any hearin& or business before the court. You must attend the scheduled conference or
hearing.
Court Administrator
Cumberland COUftl)' CounJlouse
Ctrlisle, PA 17013
71712.c0.6200
,
.
During the past five years, the children have resided with the following persons and at
the following addresses:
Persolll
1. Sheny Fry
Address
Salvation Army Sheller
20 E. Pomfret Street
Carlisle, PA 17013
Data
8191 - 9/91
2.
Sheny Fry, Larry Fry
Molly Pitcher Hotel
13 S. Hanover Street
Carlisle, PA 17013
9191 - 9/91
3.
Sheny Fry, Larry Fry
lIS S. Hanover St.
Carlisle, PA 17013
9/91 - 9/92
4.
Sheny Fry
liS S. Hanover St.
Carlisle, PA 17013
9/92 - 9/93
S.
Sherry Fry, Jon Decker
liS S. Hanover St.
Carlisle, PA 17013
9/93 - 4/95
6.
Sherry Fry, Jon Decker
4 E. Louther St.
Carlisle, PA 17013
4/9S -
present
The motber of the children is Sberry Fry.
She is married.
The father of the children is Larry Fry.
He is married.
IS. The relationship of the defendant to the child is that of father. The defendant
resides with the following persons: CUmberland COUDly Prison.
16. The relationship of plaintiff to the child is that of mother. The p1aInliff c:urreJIIIy
resides with the following persons:
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Joo Decker
Travis Fry
A.mcw Fry
PIaiIltifrs OoyfrieDd
Plaiaifrs child
Plaiaifrs child
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17. Plaintiff has not participated as a partY or witneSS, or in another capacity, in
other litigation concerning the custody of the children in this or another court.
Plaintiff has no infonnation of a custody proceeding concerning the children pending
in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedingS who has physical
custody of the child or claimS to have custody or visitation rights with respect to the child.
18. The beSt interest and pennanent welfare of the child will be served by granting
the relief requested because:
a) Plaintiff bas been primarY ~ of the children sin:e birth;
b) Plaintiff provides the children with a homC with adequate moral, emotional and
physical sunoundings as required to meet the children's needs;
c) Plaintiff is willing to accept custody of the children;
d) Plaintiff exerciseS parental duties and enjoys the love and affection of the children;
e) DefeMant baS not indicated an interest in accepting custody of the children;
f) DefeMant is currently mcarcerated and bas been periodically sin:e 1992.
19. Eath parent whose parental rights to the children have not been termina1Cd .nd
the penon wbo bas physical custody of the children have been named as parties to this
action.
WHEREfORE. plaintiff RqUeSlS the court to pot to ber sole tepl custodY and
primarY physical custodY of the chUdrcn.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I verify that the statements made in this Complaint for Divorce and Custody are true and
correct to the best of my personal knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 14904, relating to unsworn falsification
to authorities.
Date: to - 10 - ,,~
~5ia
SHERRY VR
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COMMONWEALTH
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
; ./],713 CRIMINAL 1992
CHARGE: RECKLESSLY ENDANGERING
ANOTHER PERSON
AFFIANT: PTL. DAVID MCKINNEY
.
;vI1589 CRIMINAL 1992
CHARGE: (A) KIDNAPPING
(B) UNLAWFUL RESTRAINT
(C) RECKLESSLY ENDANGERING
ANOTHER PERSON
(D) TERRORISTIC THREATS
(E) FALSE IMPRISONMENT
AFFIANT: CPL, RONALD AMON
LARRY EUGENE FRY
OTN: E002037-0
OTN: E002565-3
IN RE: SENTENCE
ORDER OF COURT
AND NOW, this 23rd day of November. 1993. on the
charge of kidnapping at 1589 Criminal 1992. sentence of the
court is that you pay the costs of prosecution and undergo a
term of imprisonment to be served in the Cumberland County
Prison of not less than two and a half years less one day nor
more than five years less one day, This sentence to dote from
September 3. 1992.
On the charge of terroristic threats at the same
term and number. sentence of the court is that you pay the costs
of prosecution and undergo a term of imprisonment to be served
in the Cumberland County Prison of not less than two and a half
years less one day and not more than five years less one day,
This sentence to dote from September 3. 1992. and to run
concurrent to the sentence previously imposed,
.
EXIHBIT A
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SHERRY FRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION . LAW
: IN DIVORCE
v.
LARRY FRY,
Defendant
5'~S'
: NO. 96- CIVIL TERM
AFFIDAVIT SUPPORTING PKIII10N FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the plaintiff in the above matter and because of my fmancial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, bx:luding my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating 10 my ability 10 pay the fees and
costs is true and correct,
<I> Name: Sherry Fry
Address: 4 E. Louther Street, Carlisle, Pennsylvania 17013
Social Sea1rity No,: 161-56-9202
(b) Employmmt
If you are presently employed, slale
Employer: Hardees
Address: 310 N. Hanover Street
Salary or wages per month: $962.00
Type of work: CashIer
If you are presently unemployed, slate
Date of last employment: N/A
Salary or wages per month:
Type or wort:
(c) Other irM:ome wilbin the past twelve months
Business or profession: NI A
Other self-employment: N/A
(JltUest: None
Ohidtftlh: NODe
Pcnsioa and IMIlit~: NODe
Social security beIlcflt.'I: None
Support payments: None
Disability payments: None
Unemployment compensation and supplemental benefits: None
Workman's compensation: None
Public Assistance: None
Other: None
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions: from Jon Decker, boyfriend: 5100
(e) Propeny owned
Cash:
Checking account:
Savings account: $2.15
Certifu:ates of deposit:
Real estate (including home):
Motor vehicle: Make, Year NONE
Cost , Amount Owed 5
Stocks; bonds:
Other:
(I) Debts and obligations
Mortgage:
Rent: $425
Electric: $49
Food: 5320
Kid's Clothing: $40
C1othina: $20
Loans:
(J) Pmons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Ace:
Travis FI)' 9 years old
Andrew FI)' 6 years old
Other persons:
Name:
Relationship:
... I WIdt.1tland that I have I toIllimIlna obIiaatioo to inform the c:oun of
impro~anent in my financ:ial cil'tlll1lStllUS whkh wookI permit me to pay the
costs incumd bemn.
" ~-,~ - . ----
S. I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 14904, relating to uns om falsificat on to authorities.
Date )0- IQ - q {,
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SHERRY FRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CML ACTION. LAW
: IN DIVORCE
: /
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: NO. 96-" CIVIL TERM
LARRY FRY,
Defendant
PRAECIPE TO PROCEED IN
FOR.\fA PAUPERIS
To die Prothonotuy:
Kindly allow Sherry Fry. Plaintiff. to proceed in forma pauperis.
I, Stephen A. Metz, of die Family Law Clinic, ~ attorney for die party p~111I
in forma pauperis. certify that I believe die party is unable to pay the costs and that I lID
providina free Iep1 service 10 die party. The party's aff'Jdavit showing inability 10 pay the costs
of litigation is attaclM'd hereto.
Date:
10 J.d q"
qrh.t~, ~
~A. Metz
Certif'~Lepllntcm
tJA,')'m ,~
ROBERT E. RAINS
lltOMAS M, PLACE
KAmERINE C. PEARSON
Supmisina Attorney
GAIL R. SHEARER
Staff Attorney
TIlE FAMILY LAW CUNlC
4.S Nonh Pin Street
Carlisle, PA 17013
(117) 243-2961
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SHERRY FRY,
Plaintiff
tIN THE COURT OF COMMON PLEAS OF
tCUMBERLAND COUNTY, PENNSYLVANIA
t
:CIVIL ACTION - LAW
:
tNOt 96-5665
t IN CUSTODY
V
LARRY FRY,
Defendant
COURT ORDER
AND NOW, this .J.' tl, day of ;"t /"t uolb. , 1997, upon
consideration of the attached Custody Concili.tion Report, it is
ordered and directed as follows:
1. The Hother, Sherry Fry, shall enjoy primary legal custody and
primary physical of Travis Fry, born February 14, 1987 and
Andrew Fry, born October 27, 1989.
2. The Father, Larry Fry, shall enjoy periods of temporary
physical custody with the minor children at such times and
under such circWllstances as he might be able to agree with the
Hother, Sherry Fry.
3. In the event Hr. pry is dissatisfied with his periods of
temporary custody that are afforded to him by the Hother after
Hr. Fry's release frOll prison, Hr, Pry uy petition the Court
at that time to have the case again scheduled for a Conference
with the Custody Conciliator. At that time, Hr. Fry can raise
all issues relating to custody including whether this
situation should be a shared custody order.
eet Tina Houkoulia
Faaily L4w Clinic
45 NOrth Pitt Str.et
Carlial., PA 17013
.
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l'~- ...&,f,
"ayJor P. Andren, BaquJre
7. V.at Pa.lret Str.et
Carlial., PA 17013
".
SHERRY FRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
V
LARRY FRY,
Defendant
,
.
:NO: 96-5665
:IN CUSTODY
CONCILIATION CUaIl~CE stlHKARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), 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:
Travis Fry, born February 14, 1987; and Andrew Fry, born
October 27, 1989.
2. A Conciliation Conference was held on February 20, 1997, with
the following individuals in attendance:
'the Hother, Sherry Fry. ",ith her counsel, Tina Houkoulis, of
the Dickinson School of La", Family La", Clinic. 'the Father,
Larry Fry, did not attend. The Father is incarcerated in the
Cumberland County Prison. His counsel, Taylor P. Andrews,
Esquire, contacted the Conciliator by phone and indicated his
client's position relative to his desire to see the children
upon his release from prison and other matters.
3. The Cancilla tor recOllllJlends an order in the form as attached.
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SHERRY FRY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 96 - 5665 CIVIL
.
,
,
LARRY FRY, :
Defendant . IN DIVORCE
.
ORDER OF COURT
AND NOW, this
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day of
(.\}1 LL..........._-
,
1997, no economic claims having been raised in the above
captioned divorce proceedings, and the parties having agreed to
conclude the divorce by the filing of mutual affidavits of
consent under Section 3301(c) of the Domestic Relations Code,
the appointment of the Master is vacated.
BY THE COURT,
k. { \., / 'L.-
Ha 01 E. Shee , P,J.
cel Tina Moukouli., Student Attorney and
Gail R. Shearer, Statt Attorney, Family Law Clinic
Attorney. for Plaintiff
Taylor P. Andrew.
Attorney for Detendant
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SHERRY FRY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
v.
LARRY FRY,
Defendant
: NO. 96-5665 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record. together with the following information, to the court for entry of
a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) 01 the Divorce
Code.
2. Date and manner of service of the complaint: served by Sheriff on November 8.
1996.
3. Date of execution of the Affidavit of Consent and the Waiver of Notice required by
Section 3301(c) of the Divorce Code: by the plaintiff, February 17, 1997: by the defendant,
February 8, 1997.
4.
Related claims pending: none,
^
Date ~4/'//91
I
l.
T' Mouk.ou I
S1:,A~~ ~4~ ~. ,
lOMAS ~t pl.An
Supcnislnj' Attorney
OAIL R. SIIF..ARER
Staff Attorney
FAMILY LAW CUNIC
4' NMh Pitt Street
Carlisle. PA 17013
7171240-'104
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SHERRY FRY,
Plaintiff
: IN TUB COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: CIVIL ACTION . LAW
: IN DIVORCE
LARRY FRY,
Defendant
.
: NO. 96-S66S CIVIL TERM
AFFIDAVIT OF CONSENT
J. A. Comp1.in~ in Divorce under 1330I(c) of the Divorce Code was filed 011
();:tOOtz IS, 1996,
2. The marria&e of Plaintiff and Defendant is irrettievably btokal and ninety (90)
days ba~ ~ from the date of filina the CompIainL
3. I CClllJCIll to the entry of a final decree of divorce after IerVi<:e of notice of
Illteootioo to request entry of the decree.
I verify that the t"te-u made in this affidavit are trUe and correct. I Ioudt....d
that fabe ,t--., All berdn are made SIIbject to the penalties of 18 PLC.S. 14904, platt. 10
IIDS1oOI1l tilIiftclliaa 10 autborities.
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SHERRY FRY, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
v. . CIVIL ACTION - LAW
.
. IN DIVORCE
.
LARRY FRY. .
.
Defendant . NO. 96-5665 CIVIL TERM
.
ftXVBIl 01' IIO'l'ICB 01' III'lBll'l'IOII 'fO amUU'l'
lDI'l'Ily 01' A DIVOJlCB 0-- mma
ISS01fa) 01' ~ DIVOJlC. COD.
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I ..y lose riCJbts concerninq alillOny,
division of property, lawyer's fees or expena_ if I do not claia
th_ before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the court and that a copy of the decree will
be sent to _ i-ediately after it is filed with the
prothonotary.
I verify that the stat_nts ..de in this affidavit are true
and correct. I understand that false stat...nts berein are ..de
subject to the penalti_ of 18 Pa.C.S. 54904 relatin; to unsworn
falsification to authorities.
Date: -,. r1. q7
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SHERRY FRY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
LARRY FRY,
Defendant
: NO. 96-5665
CIVIL TERM
MOTION FOR APPOINTMENT OF MASTEJJ
Sherry Fry, Plaintiff, moves the court to appoint a master with respect to the following
claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Ute
( ) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
1, Discovery is complete as to the claim for whic:h the appointment of a matter is
requested.
2. The defendant has not appeared in the action but was served on November 8,
1996.
3. The statutory ground for divorce is 23 Pa.C.S,A, 3301(a)(5).
4. The action is contestt:d with lespec;t to the following claims: Divorce.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to lake one (I) hour.
7. Additiooal information, if any, relevant to the motion: A certified copy of the
Order of Court repn1iII& Larry Fry's scnlenCe was flied with the Court OIl October 15, 1996
aJona with the Complaint. Larry Fry was SCIltelIad to imprisoamcnt for not less lhall two and
a balf years less one day nor more than five yean less one day.
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SHERRY FRY, . rN THE COURT OF COMMON PLEAS OF
,
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
, CIVIL ACTION - LAW
.
.
. 96-5665
VB, NO. CIVIL 19
LARRY FRY,
Defendant , IN DIVORCE
.
STATUS SHEET
DATE:
1--(17 (1~
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ACTIVITIES:
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Mr. Metz, Ms. Shearer, Attorney at Law and Mr. Fry, Defendant
17 December 1996
paqe 2
hearinq if he plans to be present to offer testiaony or to rebut
or contradict the testiaony of the Plaintiff.
very truly yours,
E. Robert Elicker, II
Divorce Master
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SHERRY FRY.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNl'Y, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
: IN DIVORCE
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LARRY FRY,
Defendant
: NO. 96-5665 CIVIL TERM
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AFFlDA vrr OF CONSENT
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1. A Complaint in Divorce under 13301(c) of the Divorce Code was filed on
October 15, 1996.
2. The marria&e of Plaintiff and Defendant is inetricvably broken and ninety (90)
clays have elap-t from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the Cl2lf'm1'ftts made in this affidavit are true and correct. I understand
that false statements herein are made subject to the paWties of 18 Pa.C,S. 14904, ~l.ti"110
unsworn falsifacation to authorities.
Date2-17. 'll
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. S1leny FryO
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