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HomeMy WebLinkAbout01-04861TRISHA D. ESLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW WESLEY A. FRY, NO. Qj--t{~~D ~ CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER JURISDICTION PURSUANT TO 23 PA.C.S.A. §5356 Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified Order of Court, dated October 21, 1992, from the Court of Common Pleas of Perry County, Pennsylvania, is attached hereto. Respectfully submitted, ~Y~p-htdlo-~ lVl~"''' Marylo tas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 { ~ w G~GJ~.~ r ,. ~ ( u N1.m4m ' T 4( '} ~ ' IRWIN„~IBWIl~T ~c McI~NxC~HT r Y uy ~ ~~ h ~ r r , ,^ a ~~ * i`t u3r ~ t - 6 ~+ ~~` ~ ~ ~ ca" { }, p5 , ~ ' a ' ~ T .., ,.. ~ { ~ x ~ A ~ - ~'., .~ ~ r, x ~ .~„ .~: a ,. n lis ~, ,~ d ..-. ... 'IF,iSdA ll. F ., _ ~o~~er v. WESLEY A. FRY, Respondent IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PE'dNSYLVANIA PERRY CO[JNTY BRANCH CIVIL ACT:[ON - CUSTODY 91-1088 IN CUSTODY ORDER OF COURT AND NOW, this ~f5tday of ~G1~~1~ , 1992, upon presentation and consideration of -the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. ~~ Ti ~ ~ Cdr i~ s UTY ria(;~a~, ~~3 t[RY _ %1 ~ 7 ~ _ \i _ Tl ~~ -{ r ~ T ~ w~ ~ ~i J ` ~~ __ v ~1 ,.,~,F~~ ~. nv myD /•AITDT ~RR nn r.c~ 5 i~~l PUCE 1 A '001 IE & SA______~'ATE.S i v. .. &R ;~e.:-~.ma&~~,x'^-'.w^"~`a~i~SVPSf. _ - ~A~°~"v~ft~ ~. ...~, w.-~ r , . .mm~ ~ s ~~.,:Px,T°"~° 4 TRISHA D. FRY, Petitioner v, WESLEY A. FRY, Respondent IN THE COURT OF COMMON PLEAS OF THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA . PERRY COUNTY BRANCH CIVIL ACTION - CUSTODY . 91-1088 . IN CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day an~i year hereinafter set forth, by and between Wesley A. Fry (herein- after referred to as "Father") and TRISHA D. FRY (hereinafter referred to as "Mother"). WHEREAS, the parties had born to them two (2) !;. children, namely Kira Mikell Fry, born June 14, 1985; and ai '~~ Anastasia Janette Fry, born July ]4, 1988. WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the childre:. NOW, THEREFORE, in consideration of the ::utual covenants, promises and agreements as hereinafter set for h, tl~e parties agree as follows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary physical custody of t . children, subject to Father's periods of temporary physic ' custody as follows: A. Every other weekend from Friday at 6:00 P.M. unt Sunday at 6:00 P.M. B. Every other holiday of New Years Day, Easter. Memorial Day, July 4th and Labor Day, beginni~ with Easter Sunday, 1993; C. Thanksgiving Day from 3:00 P.M. until the C after Thanksgiving at 6:00 P.M.; D. On Christmas, from 3:00 P.M. on Christmas Day unt 6:00 P.M. on December 30; Iu i{cc,1pSuucu~yt_ ~ ~u.¢eh¢r. ~,Uwtt-~ ~{z~ L CrntSecv-Ew $, t-• + c mmPr or th" aet twn ~$~ map4s e€-di~ t,~er.0~s) J"uue 15~ ~c1 quay' ~s~--• Itr~nov -~ < <,,3. .Tut.e 1 0~ •2thftf Yt~}/L--- ydRF' ~o-~~" Ivan F. On Father's Day. G. Mother shall have the children on Mother's Day a all holidays will control the weekend schedule where there is s conflict. F. Father will provide transportation for the children 2 for his periods of visitation, unless Mother agrees otherwise. 3. The parties will notify each other immediately in c ses of medical emergencies that occur while the children are in eir custody. 4. The parties agree and desire that this agreement be ade an Order of Court. 5. Any modification or waiver of any of the provisio~~ of this agreement shall be effective only if made in writing and only iY executed with the same formality off this agreement. 6. Neither parent shall do anything which may estran: the children Prom the other parent or injure the opinion o, the children as to the other parent, or which may hamper the ree and natural development of the children's love or affection for the other parent. 7. The parties agree that in making this agreement, ire has been no fraud, concealment, overreaching, coercion, or Tier unfair dealing on the part of the other. 8. This agreement shall become an Order of Court, wi the parties agreeing that Perry County Court of Common Pleas shall 3' retain jurisdiction should circumstances change and either party desire or require modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ' Date Wesle A. Fry \O-lln-~+3 \ w^-i'~`°..~~ 1 (SEAL) Date Trisha D. Fry 4 -~---~-' STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~3 ~y of October, 1992, befor me, the undersigned officer, personally appeared Wesley h Fry, known to me (or satisfactorily proven) to be the rson whose name is subscribed to the within instrument, and a now- ledged that he executed same for the purposes therein conta; ed. IN WITNESS WHEREOF, I hereunto set my hand and oft cial seal. V STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Notarial Seal oaNd oa Nass F!uw». N~ani auM~C Cartlsle Boro, Curnberland county My Canm!saw+ Expires Apii13,1995 1L ) On this, the I~o~'` day of October, 1992, before me, the undersigned officer, personally appeared Trisha D. Fry; known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and off'cial seal. ( EAL) ~rlornalAl, sent ! EE. [.! A MOflisi r^_T:, r10?ARV FU?UC CAR! iSLE'~JFC. CUMBcAiAt+C COU!IT" MYCOt+?b1SSlpPi EtPiFlFS ~"et:, i5, 19~: Member, Pannsylvatia Ass~i;uor, ct Notarias L vi W .~ °s ,~ ~~ 'D '~~. r, c ro ~~Il: __. -"r ~' .... r:c =. ~ ., °-~~; y ~- -< Y1n ?H _-i C7 c~ ~, _1 J r" i t,_ -~C 1 TRISHA D. ESLIIIGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WESLEY A. FRY DEFENDANT 01-4861 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 07, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 10, 2001 at 8:30 a.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ j~cqueline M. Verney Esq~_ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All. arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717)249-3166 ~ ~' M-,~' ~a ~~ »'b ~o h~b l©•//° fj ~'~'~" you, ~fNdAI,tSNN?d r ItWflb:1 C~r~~~;-,.,~~E4i1~ ! `1 ~,~ ~~~ ~~,~ i 4 ~s5 , . TRISHA D. ESLINGER, Plaintiff v. ~ sF~ ~ ~ 200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW WESLEY A. FRY, NO. 01-4861 CIVIL TERM Defendant : IN CUSTODY ORDER OF COiJRT AND NOW, this day of , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before .Esquire, the conciliator, at Cumberland County, Pennsylvania, on the _ day of 2001, 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 define and narrow the issues~to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 Liberty Avenne CARLISLE, PA 17013 (717) 240-3166 ;~ TRISHA D. ESLINGER, Plaintiff v. WESLEY A. FRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01-4861 CIVIL TERM IN CUSTODY P ITI FOR MODIFICAT ON OF CUSTODY AND NOW, comes Petitioner, Trisha D. Eslinger, by and through her legal counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above-named Plaintiff, Trisha D. Eslinger, an adult individual cuaently residing at 806 Green Acres Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Wesley A. Fry, an adult individual currently residing at 135 East Creek Road, Newburg, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Kira Mikell Fry, born June 14, 1985, and Anastasia Janette Fry, born July 14, 1988. 4. The parties are subject to an Order of Court relative to the custody of their children entered in the Court of Common Pleas of the 415` Judicial District of Pennsylvania, Perry County, dated October 21, 1992, and filed of record with the Court of Common Pleas of Cumberland County, Pennsylvania, through a Praecipe to file a Custody Decree of another Jurisdiction, a copy of which Praecipe and Order are attached hereto and incorporated herein by reference as Exhibit "A" and "B" respectively. 5. Since the entry of the prior Order, the children have continued to reside in Cumberland County thus providing this Court with jurisdiction of these proceedings. 6. It is in the best interest and permanent welfare of the children to be in Petitioner's primary physical custody for the following reasons: a.) With the exception of a brief period in May and June of 2001, Petitioner always has had primary custody of the children. b.) Until the spring of 2001, Respondent last had contact with the children in the fall of 1999. c.) In April 2001, Petitioner discovered that the oldest child, Kira, was abusing drugs and alcohol and engaged in sexual activity. d.) At that time, Petitioner also discovered that Kira contacted Respondent in March 2001. e.) Kira informed Petitioner that she wanted to live with Respondent and did so for approximately two months before returning to Petitioner's residence. f) Kira reported to Petitioner that while at Respondent's residence, there was constant fighting and name calling, that Respondent drank excessively and a Respondent refused to involve the child in counseling, as agreed between the parties, or refill her necessary medication. g.) On or about June 2, 2001, while in Respondent's care, Kira was admitted to the hospital with a blood alcohol content of 0.07%. Kira had been drinking with friends at a third party's residence and alter was dropped off unconscious at a video arcade store. The owner called police. Kira was cited for underage drinking and taken to the hospital. When Respondent arrived at the hospital, a police officer suggested that Respondent contact Petitioner. Respondent refused. Petitioner only learned of this incident after Kira returned to her residence. h.) During this time period the youngest daughter, Anastasia, remained at Petitioner's residence and had only one contact with Respondent, when she visited her sister in June at Respondent's residence. i.) Respondent allegedly told Kira that he questioned whether, in fact, Anastasia was his child. This statement, although not true, upset Kira very much. j.) The children continue to reside primarily with Petitioner and have no contact with Respondent. k.) Petitioner attempted to negotiate a Custody Stipulation and Agreement with Respondent to reflect this status quo and Respondent refuses to cooperate. WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order of Court in this matter and provide her with sole legal and physical custody of the children. Respectfully submitted, c q,L Maryl tas, E ire Attorney Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 ,~ Y, il ,i~r VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 8 -o? y__ ®/ ~ ~ --^~^w~' ~-~G,"'"°~?~ TRISHA D. ESLINGER, Plaintiff -~ TRISHA D. ESLINGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVAAIIA v. :CIVIL ACTION -LAW WESLEY A. FRY, N0. ~~` S/~~n~ CIVIL TERM Defendant : IN CUSTODY PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER .TURISI?ICTION PURSUANT TO 23 PA.C.S.A. Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code, -- relating fo-[Jnifo=m Cht7d Custody Jiirisd'iotion Act, please-file of record the attached certified Order of Court, dated October 21, 1992, from the Court of Common Pleas of Perry County, Pennsylvania, is attached hereto. Respectfully submitted, 'n~,N~~-~-° Marylou~l~,tas, Esgiure Attorney or Plaintiff GRIFFIE & ASSOCIATES 200-North Hanover Street Carlisle,. PA 17013 (7I7) 243-»> T (800) 347-»>2 TRUE CONY FRflliA RECOFi© m Tesilmony wna~, i tyre unto ~ my have and the of said Ca-,ft at Carllste. T ' ~ `' y bl ~t ~ °pa L Prothonotary TRISHA D. FRY, : IN THE COURT OF COhth10N PLEAS OF Petitioner THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA PERRY COUNTY BRANCH ~, CIVIL ACTION - CUSTODY . 91-1088 WESLEY A. FRY, Respondent IN CUSTODY ORDER OF COURT ANI1-NOW, `this ~~5~day oY G upon- presentation and consideration of the attached stipulation and agreement and upon agreement of the parties, it is hereby ordered and decreed that the attached agreem',ent is made an Order of Court. .J \ ' `r I ~. i ~~ F~hibi~ ((~ir D V TtI L' !'l1IT9 T TRISHA D. FRY, Petitioner v. WESLEY A. FRY, Respondent IN THE COURT OF COMMON PLEAS OF ' . THE 41ST JUDICIAL DISTRICT OF PENNSYLVANIA . PERRY COUNTY BRANCH . CIVIL ACTION - CUSTODY s1-loss IN CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION entered into the day an~l year hereinafter set Porth, by and between Wesley A. Fry (h•arein- after referred to as "Father") and TRISHA D. -FRY {hereiuafter referred to as "Mother"). WHEREAS, the parties had born to them two (2) children, namely Kira Mikell Fry, born June 14, 1985; and Anastasia Janette Fry, born July 14, 1988. WHEREAS, the parties wish to enter into an agreement relative to the custody and partial custody of the childre:• NOW, THEREFORE, in consideration of the Mutual covenants, promises and agreements as hereinafter set for h, tl3e parties agree as Pollows: 1. The parties shall have joint legal custody of the children. 2. The Mother shall have primary physical custody of t . children, subject to Father's periods of temporary physic " custody as follows: A. Every other weekend from Friday at 6:00 P.N. unt Sunday at 6:00 P.M. B. Every other holiday of Yew Years Day, Easter Memorial Day, July 4th and Labor Day, beginnir with Easter Sunday, 1993; -- - __- - C." Thanksgiv"zng" Day -from 3:00 P.M. until the C after Thanksgiving at 6:00 P,M.; D. On Christmas, Prom 3:00 P,M. on Christmas Day unt 6:00 cP.M. on December 30; E. ~ ~'M1 ~e,~m~ m~p~ ~ ~ ~,~~l~tl~ T~7 L 11J~.7~'U 7lLr •'1,~ or th- lact tw r~i , p wae.A.s) 1+:2.{u.~acu_ J"vu2. 15+x- ~s.1 4va'~ ~stU-• V' j J u~ 1 C.r ~w,etfi F. On Father' s Day. y,/RF'' IU~1~ G. Mother shall have the children on Mother's Day a all holidays will control the weekend schedule where there is a conflict. F. Father will provide transportation for the children ~tG9-t1G,V ~~ ` ~••a ~Q. ll9" 2 .~~ for his periods of, visitation, unless Mother agrees otherwise. 3. The parties will notify each other immediately in c ses of medical emergencies that occur while the children are in -air custody. A. The parties agree and desire that this agreement be ade an Order of Court. 5. Any modification or waiver of any of the provisio~~ of this agreement shall be effective only if made in writing and __ only if executed with the same formality of _ this _ _ agreement. 6. Neither parent s hall do anything w hich may estran: the children Prom the other parent or injure the opinion o the children as to the other parent, or which may hamper the ree and natural development of the children's l ove or affectio: for the other parent. ~ 7. The parties agree that in making this agreement, ire has been no fraud, concealment, overreaching, eoercioa, or ier unfair dealing on the part of the other. 8. This agreement shall become an Order of Court, wi he parties agreeing that Perry County Court of Common Pleas shall 3 retain jurisdiction should circumstances change and either party desire or require modification of said Order. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein set forth. WITNESSETH: ~~~..QhCCJ`- Ji~l3:3L ~ ---(SEAL ) ~`JJ//~) Date Wesle .~. Fry -1~ Date Trisha D. Fry U 4 1 ~; STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~3~y of October, 1992, befor me, the undersigned officer, personally appeared Wesley ~ Fry, known to me (or satisfactorily proven) to be the rson whose name is subscribed to the within instrument, and a now- ledged that he executed same for the purposes therein conta: ed. IN WITNESS WHEREOF, I hereunto set my hand and off cial seal. 1 U STATE OF PENNSYL'~ANIA SS COUNTY OF CUMBERLAND !vaaaa! s~ DaMd Ce H3c; Hud:. Ph~Y Rd~Ga Carils!e Kara. CumaN.and Ca:mry My CaMnis4a+ Exoxes ~t 3.1995 lL) On this, the /rc~ day of October, 39.92, before me, the undersigned officer, personally appeared Trisha D. Fry; known to me (or satisfactorily proven} to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and oPI"cia2 seal. ( •EAL) r.: A MOfi%ti,+'_'~:, NC?AA`(FU?LIC ChAI_I,~_ PAfi :iR«3"c ~417~ COU`iT M'f':Opdi, !~$!OCi E!PteFS pc%, i5, tne', MaAr~,P vaciaD~x.+ti.iin.lw.,._-- - Ag11ASg16aq l 9A<w Fl Alll ~ ~ ~~ _~ ~ ~~ c ~' -~ -~ ~ e ~i ~ C SG c~ c::. - c= __.. ': `s ~~ ti _; - --~ ` rr -. ` ~_~:~ -~ .. -, (^.