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HomeMy WebLinkAbout09-5962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW STEVEN MICHAEL FRY t NO. etc, L VS l REBECCA MCKINLEY FRY CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for Partial Custody You have been sued in court. If you wish to defend agaisnt the claims set forth in following pages you must take action. You are warned if you fail to do so the case may proceed without you and a judgement concering partial custody of the plaintiff may be entered against you for any claims or relief requested in these papers by the Plaintiff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO YOUR TELEPHONE DIRECTORY OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE TO GET HELP. Legal Service 401 E Louther Street Carlsile, Pa 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Steven Michael Fry No. VS . Rebecca McKinley Fry Custody [ COMPLAINT FOR PARTIAL CUSTODY 1. The plaintiff is Steven Michael Fry residing at The State Correctional Institute at Mahanoy, 301 Morea Road Frackville, Pa 17932. 2. The defendant is Rebecca McKinley Fry residing at 139 Southside Drive Newville, Pa 17241. 3. Plaintiff seeks partial custody of the following child: Devon Michael Fry residing at 139 Southside Drive Newville, Pa 17241 with the defendant. The child was not born out of wedlock. The child is presently in the custody of Rebecca McKinley Fry, who resides at 139 Southside Drive Newville, Pa 17241. The mother of the child is Rebecca McKinley Fry, currently residing at 139 Southside Drive Newville, Pa 17241. She is married to the plaintiff. The father of the child is Steven Michael Fry, currently residing at The State Correctional Institute at Mahanoy 301 Morea Road Frackville, Pa 17932. He is married to the defendant. 4. The relationship of the plaintiff to the child is that of natural father. The plaintiff currently resides at The State Correctional Institute at Mahanoy. 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides with the following paersons: Bonnie Shields (Mother), Brianna Shields (Sister), Bryan Shields (Brother), Isaac Foose (Son). 6. Plaintiff has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and the relationship to this term are prending. Plaintiff filed for Visitation Rights on August 18, 2009. Plaintiff has no information of a custody proceeding the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect of the child. 7. The best interest of the child and permanent welfare will be served by granting the relief requested because the child will come to know who his father is and be able to get use to being around his father. The plaintiff wants to be a part of the childs' life in every area that plaintiff can. The plaintiff wants to know how the child is doing, growing, learning, and wants to be a part of this area. The plaintiff wants to be informed as to childs welfare and doctor appointments, living arrangements, and child care while defendant works. 8. Each parent whose parental rights to the child have not been terminated and person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant partial custody of the child. Qifs, (D 1 S ven Michael Fry 301 Morea Road Frackville, Pa 17932 I verify that the statements made in this complaint are true and correct. I understand that a false statement herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities Steven Michael Fry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Steven Michael Fry No. VS Rebecca McKinley Fry Custody CERTIFICATE OF SERVICE I do hereby this date the following was served with a copy of the foregoing petition via First Class United States Mail: Cumberland County Clerk of Courts Office 1 Courthouse Square Carlisle, Pa 17013 Rebecca McKinley Fry 139 Southside Drive Carlisle, Pa 17013 Date: U " 13-, I'D I St n Michael Fry 301 Morea Rd Frackville, Pa 17932 FILED -'F.' C4 ^F THE 4'^^-??A,,? 2009 AUG 31 H ? : JTY' K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Steven Michael Fry NO. VS Rebecca McKinley Fry Custody PETITION AND AFFIDAVIT FOR LEAVE TO PROCEED IN FORMA PADPERIS PURSUANT TO PA.R.C.P 240 Petitioner, Steven Michael Fry, respectfully request that this Honorable Court grant him leave in forma pauperis pursuant to PA.R.C.P. 240. Steven Michael Fry states under the penalties provided by 18 PA.C.S 4904 that: 1. I am the plaintiff in the above said and because of my financial status am anable to pay the fees and cost to this proceeding or give sercurity therefore. 2. The declaration relating to my ability to pay fees and costs is true and correct. (a) (1) I am currently a inmate at SCI Mahanoy. (2) I am currently making .18(,, per hour for (4) hours a day. © J12A 6t Steven Michael Fry 301 Morea Rd Frackville, Pa 17932 PA DEPT. OF CORRECTIONS INMATE ACCOUNTS SYSTEM BUREAU OF DATA PROCESSING ACCOUNT STATEMENT REMOTE PRINT TIME 13:45 INMATE NAME NUMBER LAST FIRST MI GX4964 FRY STEVEN M RUN IAS410 DATE 8/17/2009 PAGE 3 BATCH DATE TRANSACTION BALANCE AFTER # MO DY YEAR TRANSACTION DESCRIPTION AMOUNT TRANSACTION 688 07 -14- 2009 50 ACT 84 TRANSACTION * 1101/06 07/14/09 -4.00 8195 07 -14- 2009 32 MAH COMMISSARY FOR 7/14/2009 -16.59 707 07 -21- 2009 13 PERSONAL GIFT FROM - FRY K 495733 25.00 707 07 -21- 2009 50 ACT 84 TRANSACTION * --- 1101/06 07/21/09 -5.00 8202 07 -21- 2009 32 MAH COMMISSARY FOR 7/21/2009 -3.26 8210 07 -29- 2009 32 MAH COMMISSARY FOR 7/29/2009 -19.98 9216 08 -04- 2009 10 INMATE EMPLOYMENT CMAH Payroll 2009-07 Grp 1' 17.48 9216 08 -04- 2009 50 ACT 84 TRANSACTION * 1101/06 08/04/09 -3.50 8216 08 -04- 2009 32 MAH COMMISSARY NEW FOR 8/04/2009 BALANCE AS OF 08-17-2009 --------- -13.25 --- > 19.88 3.29 28.29 23.29 20.03 .05 17.53 14.03 .78 .78 2G?9 c?`E'? 3l b=?? ?? 1 1 C'?. , ?Y ?I Y e Ll '\ STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS ZlljN PLAINTIFF CUMBERLAND COUNTY, PENNSj;?u? V. REBECCA MCKINLEY FRY, DEFENDANT 09-5962 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of September, 2009, the petition of plaintiff to proceed in forma pauperis, IS GRANTED. The Sheriff shall serve the complaint and notice of the conciliation on defendant Rebecca McKinley Fry by certified mail. By the r Edgar B. Salley, J. Steven Michael Fry, GX-4964, Pro se - SCI Mahanoy 301 Morea Road Frackville, PA 17932 Kebecca McKinley Fry - g ewect- (,Y 139 Southside Drive Newville, PA 17241 Sheriff :sal OF THE P"t i '!J "° OTAPY 2009 SE 10 A 1 d:.4 c' STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5962 CIVIL ACTION LAW REBECCA MCKINLEY FRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, September 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 08, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: _/s/ Hubert X. Gilroy, Esq.., LA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 BLED- 4i. -1 ");k: OF TFE PPO n- t 'NI APY 2009 SEA' 10 P 12: 0 6 PENNSYLVVVNIA I?, VL Sheriffs Office of Cumberland County R Thomas Kline FILEO-U r'. E THE ?,,,,-„ OF T"{C Sheriff 1 ?$?ttiip of Lilinber,r,??? Ronny R Anderson 2009 SEP 15 AM 9:17 Chief Deputy Jody S Smith UN 1 t , .. S Y? ?.iai ! 1 Civil Process Sergeant OFF" -` ° "ERIF 4:'E ?yy'I !,e is Edward L Schorpp Solicitor Steven Michael Fry Case Number vs. 2009-5962 Rebecca McKinley Fry SHERIFF'S RETURN OF SERVICE 09/11/2009 On this date R. Thomas Kline, Sheriff mailed the within Order of Court, Complaint and notice for Partial Custody and Complaint and Notice for Visitation Rights by certified mail, return receipt requested to Rebecca McKinley Fry. 09/14/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Order of Court, Complaint and Notice for Partial Custody, Complaint and Notice for Visitation Rights upon the withir named defendant, Rebecca McKinley Fry, in the following manner: On September 11, 2009 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Order of Court, Complaint and Notice for Partial Custody, Complaint and Notice for Visitation Rights to the defendant's last known address of 139 Southside Drive Newville, PA 17241. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Bonnie Shields on September 12, 2009. KAS ERS, September 14, 2009 KLINE, SHERIFF ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we earl-return the card to you. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: REBECCA MCKINLEY FRY 139 SOUTHSIDE DRIVE NEWVILLE, PA 17241 A. Signature , c 13 Agent X kk / (-J, ! a1 ? Addressee E. Received by (Alfiited Name) I C. Date of Delivery 9-11 ~A? D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type :P Certified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2 14. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 0810 0000 7881 7526 (Transfer from service IabelJ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 I 6ffwkul fAA6 &L,;iy . & L-ji-54 A?7,kf etAki J 44F. 004,.1q f A4q 7?1 45,77, fii,-ir 6rf or ?MA;j 5ijj4j 1hV-4ltgl CY xau&l e6g,q9tql ILK MOO Sdt?,.6ul bO 112- tog ? ?)kt I &A ??, p N?1ae? t ts? iy r -n w ?a ?o G 7J r D m? -00 vo W N b M ?? Z C m Z m a. a 3*1 o rn o ? [7 H H,15jef (p ? ni W rn ? ?. Cc?B• Wr l?l'U^'C ? ? ? / &.isr rw koa.>s C67- 5-W g -64? / ?- U9 &09,z- A -t?.vot ?;?M f,4LPgjs -ro O;i? ts?S? (c) a F AK 5 I?q-.--rla 60) ls? d&vbl-" A&L -/a' I ?(Je ? acv -6?- , 'Le r 6r -At I Aj?,tr J4:- X74 XJ14 ?UO66t',0&4.wzy ASS=N-i 74._.) L q7 -) <,-? / I ?- C- - -4 & - - r. D-,Hw If X ? 47+ - - lea 16 p1,4,4.r, t(- a).gS!< h4)L,,6sf " Atj -&f z?v?n`-I PUYA -ri m Z) PM { I ? j ( .y N I V, R _ u rb - Mg? 4PAI i 6warr P.-o' q& P6,-,-x 1-/7c,,5 Utah ?gl, I d- 1664- 9 ? 4&7,;?,, y Jul 3a1 n^ ? five Pip- ,q%o- V?krq 771 C) s4lb 7;; -' ??J I ?? 7o32 NAME NUMBER 301 MORE: p, ROAD PA 17932 IMMATE MAIL PA 0 0 C ti j1u5? FRACKVILLE, ? ?/u.s?( `` 61jX 1 C ew-9-` °os? ?A4L'- 4, fftw /703 i 4i 016H26513413 00 mq 032 0,9121/2009 ,pi*d From US POS-fpfGE {??ffitliii{fif{i{It{1i1iE?ii?i?i{tittfF STEVEN MICHAEL FRY, PLAINTIFF V. REBECCA MCKINLEY FRY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-5962 CIVIL TERM ORDER OF COURT AND NOW, this Yk day of September, 2009, plaintiff, Steven Michael Fry, an inmate at the State Correctional Institution at Mahonoy, having filed a petition seeking visitation with his son Devon, and a conciliation conference having been scheduled for October 8, 2009, before Hubert X. Gilroy, Esquire, and plaintiff now seeking a continuance for 90 days to retain private counsel, the motion IS GRANTED. The hearing scheduled for October 8, 2009, IS CANCELLED. Either plaintiff or his counsel shall notify the conciliator directly when a conciliation hearing is requested. By the Edgar B. Bayley, J. ./Steven Michael Fry, GX-4964, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932 ebecca McKinley Fry 139 Southside Drive /Newville, PA 17241 Hubert X. Gilroy, Esquire Custody Conciliator Court Administrator -- :sal Co e *ks ?A(1/? wry, P 6, cL c ?) R [F-- PI }?c f- ? . lilt j!p . I 2009 SEA' 2 A I t' j Mom CSC" Ku2ULAKIS Michelle L. Sommer, Esquire Attomey I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 STEVEN MICHAEL FRY, Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-5962 REBECCA McKINLEY FRY, CIVIL ACTION - LAW Defendant IN CUSTODY ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Rebecca McKinley Fry, in the above-captioned custody matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date " I oq ??LkWgi ' IM12D Michelle L. Sommer, Esquire 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 oR 2WSEP 4=QI ,_?L?S?:. ?SA> f??sl? <<l i i? l ?a C ES.I,S_. -alz -4 17 i? E2 Z)Arc? t q, 14 --- 4 I nod 0& A !l LlrA! 4-n i a_? ?L fha?? IDA-" f ._ Cte rng?1 IAZ.J ?d?4?r ?fuLl,SY ?+???,? M-M-I OI ?, r _.._?r drf l,c?t?._? S?SC'?i•?_I?Ccjts?3i L-44; Hovd4 ._ l n. ` T ---_ L-[?-?--??%...._.I_?_??L??? ?t?__JJDc.uG??? :,cs _,?i.i?_ h I,?,?_.?_ << _1?a,??.?C ...._.._..._..__ 1l, Or7 I - Y 1 , /? Tr K s f,( ZUU9 UI, I G r r? ?- U? , :, `l rN ill STEVEN MICHAEL FRY, PLAINTIFF V. REBECCA MCKINLEY FRY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-5962 CIVIL TERM ORDER OF COURT AND NOW, this -2J'2k day of October, 2009, the motion of Steven Michael Fry, for special relief, IS DENIED. By the Edgar B. Bayley, J. Steven Michael Fry, GX-4964, Pro se SCI Mahanoy 301 Morea Road Frackville, PA 17932,?,,? Michelle L. Sommers, Esquire. For Rebecca McKinley Fry :sal FILFUM ?FICE OF THE FROT'01MOTARY 2009 OCT 29 PM 1: 56 CUM6E, GOUNlY PENNSYLVANIA OF ?4 LOLfN Ikup Ac7 Alji? 4LAC BvL _ p3 i Oki -,&I rq q) FF Li OLI PJAIA?l Ad 0"94 STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5%2 CIVIL ACTION LAW REBECCA MCKINLEY FRY DEFENDANT . IN CUSTODY ORDER OF COURT AND NOW, Friday, August 13, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 03, 1010 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT. By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. (0 CA- to ? 'Sw sr r3- co e" -?ti ? Cumberland County Bar Association m 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 rY1o? I<Z Gi(rnp w STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ~ ~ ~ REBECCA MCKINLEY FRY, NO. 2009-5962 `vim o ....~ Defendant IN CUSTODY ~~ ~ ~~ ~'~ ~ ~rn ° ~ -~ ORDER ~ ~ -~ =~ _ ~~ .. -~a . `~ _.. _~' ~:~ ~i AND NOW, this d ay of October, 2010, the Conciliator being advised the parti ed' have reached an agreement and the Plaintiff has withdrawn the Petition, the Conciliator relinquishes jurisdiction. Hubert X. Gilr ,Esquire Custody Conc' iator STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLY FRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA -v3 -= -+ zmo, --'v M 7 -vm CASE NO. 2009-5962 A ciz C) 1 IN CUSTODY C:) --4 M PLAINTIFF'S MOTION TO MODIFY CUSTODY ORDER AND NOW, comes Plaintiff/ Petitioner Steven Michael Fry, by and through his attorney, Sheri D. Coover, Esquire and files the following PLAINTIFF'S MOTION TO MODIFY CUSTODY ORDER and in support thereof avers as follows: 1. On or around December 29, 2009, the Honorable Judge Hess entered an Order of Court which granted Defendant Rebecca McKinley Fry (hereinafter referred to as "Mother") primary physical custody of Devon Michael Fry (DOB 6/9/2009) and granted Plaintiff Steven Michael Fry (hereinafter referred to as "Father") periods of partial custody of the minor child. (A true and correct copy of the December 29, 2009 Order is hereby attached as Exhibit 1). 2. The Order of Court was entered as a result of a stipulation and agreement made between the parties. 3. The Order also stated that the parties were to share legal custody of the child. 4. At the time of the filing of stipulation and agreement, Father was incarcerated in SCI-Mahanoy for DUI related offenses and agreed for Mother to have "Full Physical Custody" of the child and for Father to have visitation of the Child at times when Mother was able to take the Child to SCI Mahanoy for Visitation (see Order dated December 29, 2009). tLk Iiyro (Z,u 815-7 sas 5. Father was released from SCI Mahanoy and moved to a halfway house in Harrisburg, Pennsylvania in August 2010. 6. Father has refrained from the use of alcohol or illegal narcotics since February of 2006 and Father regularly attends AA meetings. 7. Since being in the halfway house, Father has followed all of the rules of the halfway house and expects to be released from the halfway house during the summer of 2011. 8. Father has had irregular contact with Mother since being moved to the halfway house and has made requests to spend time with his child so he can build a relationship with the child. 9. Mother refuses to allow Father to spend time alone with the child despite the fact that he does not pose a risk of harm to the child. 10. Mother refuses to allow Father to see the child in her presence unless it suits her schedule. 11. The child has a primary care physician, a nutrionalist, a physical therapist and a communication therapist which the child sees on a regular basis. 12. Father is not always notified of the child's appointments and is not given an opportunity to attend the appointments or participate in decision making about the child's medical needs despite the fact that he has shared legal custody of the child. 13. Father was informed that the child was taken to see the child's pediatrician with concerns that the child was throwing up on a regular basis. The pediatrician expressed that it was her opinion that there was no physical problem that was causing the child to throw up and that these symptoms were normal. Father has expressed to Mother that he believes that it WHEREFORE, Father respectfully requests that this Court: a. Find Mother in contempt of the December 29, 2009 Order regarding shared legal custody; b. Mother be assessed a $500.00 penalty for contempt of the Court's Custody Order pursuant to 23 Pa.C.S. §4346; c. Father's Petition for Contempt of Court be addressed at a hearing before this Court; d. Other relief be granted that this Court deems to be just and proper. Ily submitted, S eri D. Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. CASE NO. 2009-5962 REBECCA MCKINLY FRY, Defendant IN CUSTODY VERIFICATION I, Steven Michael Fry hereby certify that I have reviewed the statements contained in the foregoing MOTION TO MODIFY CUSTODY ORDER and hereby verify that the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that I can be subject to the penalties of perjury, both civilly and criminally under federal and Pennsylvania law for any false statements contained herein. STEVEN MICHAEL FRY 6? ' AOM &' rLU.Acis Michelle L. Sommer, Esquire Attomcr I.D. #: 93034 2 West High Street Cariislc. PA 17(113 (717) 249-09(X) STEVEN MICHAEL FRY, Plaintiff V. REBECCA M.CKINLEY FRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-5962 CIVIL ACTION - LAW IN CUSTODY TO THE HONORABLE EDGAR B. BAYLEY, JUDGE OF SAID COURT: THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between STEVEN MICHAEL FRY, (hereinafter referred to as "Father' and REBECCA McKINLEY FRY, (hereinafter referred to as "Mother'). WHEREAS, the parties are the natural parents of one child, namely DEVON MICHAEL FR Y, born June 9, 2009 (hereinafter referred to as "Child'; and WHEREAS, the parties live separate and apart, and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 2 r 1. LE GAL CUSTODY: a. The Father and the Mother shall have shared legal custody of the Child. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to medical, dental, religious or school records, the residence address of the Child and the other parent To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor Child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school 3 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. PHYSICAL CUSTODY: a. Mother shall have Full Physical Custody of the Child since Father is currently incarcerated at SCI-Mahanoy. b. Father shall have visitation of the Child at times when Mother is able to take the Child to SCI-Mahanoy for visitation. L Mother will attempt to take the Child, based on the Child's medical condition, to visit his Father at least once per month. However, she will make every effort to do so more frequently, if possible, based upon on her work schedule and the Child's medical condition. I NO -CONFLICT ZONE: a. Each parent agrees not to attempt to alienate the affections of the Child from the other and will make a special conscious effort not to do so. Both parents shall establish a no-conflict zone for their Child and refrain from making derogatory comments about the other parent in the presence of the Child and, to the extent possible, shall not permit third parties from making such comments in the presence of the Child whether the Child is sleeping or awake. Each parent shall speak respectfully of the other whether it is believed the other reciprocates or not. Each parental figure shall refer to the other by the appropriate role name such as Mom, Dad, your grandmother, etc. Each parent should agree to refrain from encouraging the Child to provide reports about the other parent 4 Communication should always take place directly between parents, without using the Child as an intermediary. Each parent should encourage their Child to send the appropriate holiday cards to the other parent. 4. The parties desire that this stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor Child, who has resided for at least the past six (6) months in Cumberland County, Pennsylvania. 5. The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party- 6- The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS W14EREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. WITNESSETH• ja-1446 g :?? DATE STEVEN MICHAEL FRY (Seal) 1Z? Zi-(7?t DATE REBECCA Mc FRY (Seal) 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF SCHUYLKILL On this /S'day of e?..,_ , 2009, before me, the undersigned officer, personally appeared STEVEN MICHAEL FRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. cc? 1-,42Mff&M F PENNMVANIA NOIMIi Sew h1aW ; I NNW Nolry Pd* ; MI y OA M.rt>be : ?b;hs9:vanla ANoclstlon of NoleAa NOT Y PUB IC =AMONWEALTH OF PENNSYLVANIA NoWi1w Sew AAwnnoy TMipw &t%M 0=* * 0Wlffie M ft0"JbA=0 Modw. PWVWAVenla A..oawlon of 110-1n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. SS. On this +?[_fday of 2009, before me, the undersigned officer, -14Ldm?-' personally appeared REBECCA McIUNLEY FRY, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ommonwealth of Pennsvlvani NOTAR?AL SEAL DEBORA! L. PY41,i: Notary Public Mechanicsbu.,- Fin, r C^?;n'V of Cumberland My comris."or' OL_ r+r . .:?e 11, 2010 NOTARY PUBLIC 6 "'9 DEC 23 tt. f r : G 1, D ' STEVEN MICHAEL FRY, Plaintiff V. REBECCA McKINLEY FRY, Defendant DEC 2 6 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2009-5962 CIVIL ACTION - LAW IN CUSTODY AND NOW this 41'" day of , 2009, the attached Custody Stipulation and Agreement is hereby made an Order of Court BY THE COURT: D TRIBUTION: Steven M. Fry, State Correctional Institution Mahanoy (Inmate #GX-4964) 301 Morea Road, Frackville, PA 17932, pro se Plaintiff "chelle L. Sommer, Esquire, For the Defendant ??EES m?tt?Cl. ?ir1 STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAN12 -U3 ? --9 . ? ..o rnt = V. 2009-5962 CIVIL ACTION LAW S` te 1 t„ rn 7.0 o ° r - CO REBECCA MCKINLY FRY IN CUSTODY r DEFENDANT c- ORDER OF COURT AND NOW, Friday, Ap ril 08, 2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 06, 2011 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. l/k -l Custody Conciliator r The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 - j Si-m#"C Telephone (717) 249-3166 * ' A4-, " ? 91 C STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-5962 CIVIL ACTION - LAW REBECCA MCKINLY FRY IN CUSTODY Defendant rnm x,. rn-n PRAECIPE FOR ENTRY OF APPEARANCE zm ' r- -0 ' ?-- rn U) -<> - ?;; ?0c3 n r 1 --+c:? To David D. Buell, Prothonotary: =CD s G ?C N ?t'rt Please enter my appearance on behalf of the Defendant, Rebecca M. Fry, inlh ecn above captioned case. Date: +1J 1J ' 1 MrdPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Respectfully submitted, STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5962 CIVIL ACTION - LAW REBECCA MCKINLY FRY IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services, attorney for the Defendant, Rebecca M. Fry, hereby certify that I have served a copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Sheri D. Coober, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: -\k .Tessin 4MIst, Esquire Mid Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 ?-1 STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff LVI?; CUMBERLAND COUNTY, PENNSY ? vs. CIVIL ACTION -LAW Z? a REBECCA MCKINLY FRY, t NO. 2009-5962 4y - --{ Defendant - IN CUSTODY r-C- Q O rn Prior Judge: The Honorable Kevin A. Hess , y N { ? o COURT ORDER AND NOW, this 20` day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court dated December 29, 2009, shall remain in place subject to the following modifications: The father, Steven Michael Fry, and the mother, Rebecca McKinly Fry, shall continue to enjoy shared legal custody of Devon Michael Fry, born June 9, 2009. 2. Upon father's release from prison and in the event the parties are unable to agree upon a custody schedule, legal counsel for the father may contact the Custody Conciliator directly to set up anther Custody Conciliation Conference at which time the Conciliator may, as appropriate, recommend an Order to this Court addressing father's periods of temporary custody. 3. Consistent with the provisions that both parents enjoy shared legal custody, mother is directed to do the following: A. Provide father with copies of all pertinent legal documents concerning the child including, but not limited to, a birth certificate and social security card. B. Provide father with a listing of all medical providers for the child. C. Mother shall write to the father while he is incarcerated at least once every two weeks and provide information concerning the minor child. D. Father is permitted to write letters to the mother making inquiries with respect to the minor child, but father's letters shall only be related to the child and custody issues and shall not relate to any other matters. 4. The parties shall continue to have no verbal communication at this time, with the understanding that the maternal grandmother may be contacted by the father relative to custody issues only. BY THE COURT, cc: Sheri D. Coover, Esquire 'Jessica Holst, Esquire Mat o? STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Devon Michael Fry, born June 9, 2009. 2. A Conciliation Conference was held on June 8, 2011, with the following individuals in attendance: The father, Steven Michael Fry, with his counsel, Sheri D. Coover, Esquire, and the mother, Rebecca McKinly Fry, with her counsel, Jessica Holst, Esquire. 3. The father was recently incarcerated on a state parole violation. The extent of his incarceration is uncertain at this point. Father has concerns with respect to obtaining information concerning the child while he is incarcerated. Based upon the information received at the conciliation conference, the conciliator recommends the entry of an Order in the form as attached. Date: June 2011 Hubert X. Gilr , Esquire Custody Conciliator - - .?.., .mot t?r•t Ail) JO J_ l !r al-sT ??p 4 ?? ?r! _aallL?TF? .! 17?ZCY?+e? ?( o,C C Q I'nrn u < < A<a?ur.c ,.?5'K? ?/s /.5 ??751ED "r C?rii0s' j»E•?/Cs?/ 1QacoeaS ?F? ITS kkr I A:;? C ga? uA-zz kfCb CA. ' try. 4M, /»a s" kf oZj jq X D Cu m [ a..a ios - - r mo?,Iiaz er?l ?.xl a, Oa/t. ,c,?Jzm w,?t,CmAZrx! t - %/1vt?G?lal IN ? 7-- - OAF Co mrn4 I ACA'-t uikiq ?a 114-IUS /217 C14? 10, j;j_pjX si a4 KAs / A" k Ga) I ?ic A -PAS r.. l ?o iFiC 'lo lOrIj Co j A5 l??vv,?ss • lndlla C0At?7u??s ?.. C..AJ I - L (n,?12C?( Grsro?S A T? f.?Fl ra I?9AICE ?l???r''? v? I.?C e,7cfV?a ?' T1'24 ?FGSIo<iS CoJc??tu[a /roc Swcis 6 G! 1-174 Opt fevia ACID A DIJIIJGivcy Id ?:"ix Vw 0,016 &70';A a) ?ys 'ramdA?r'? Ate' 6r -1-hi WVtC& C11*f6teol jt dW-(- blin;7W)- '? goel, is Cou4'ssw? -e?? -jr S d?1 ? fi ?fic 1 ?c, a ? / ?/Y ?, Z,(G Y ??? ?Sa f tt+?-T ???' ?v.? ? v Q?T?q-i,,l l as 40ji, ?r. ?,E1t / dfE ?? lLS Vt??.Ht $?r o" ?1, 1 ? mar 1 ? +O? Ft? 70 iwoi ?. p, l?r R C?utsi ?s C?oui4' T s3..,? Aj a ou 1"171 r7-7&At 4WJrr ew -Cr ?? 04, jell /ncar'TmAj jog Pit ??% ass ??-; si ?4S ldLAJ f,0. &"41 11irkI st'lds ,al lz.-sr C.0 ; ?, 1?:, Y, -to 1 3 STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 2009-5962 REBECCA MCKINLEY FRY CIVIL ACTION-LAW r n ;MM r• r--- r,,j co MOTION TO QUASH SUBPOENA ; ; _ . NOW, comes Lois Kohler, of Cumberland/Perry MHMR, by and through her attorney, Rppert `` L. O'Brien, Esquire, and files the within Motion to Quash Subpoena and, in support thereof, sets forth the following: 1. Movant, Lois Kohler, is an adult individual and is a manager with the Cumberland/Perry Mental Health Mental Retardation department of Cumberland and Perry Counties. 2. As a manager for the MHMR program, Movant becomes involved in providing services to individuals with limitations.. 3. On or about June 23, 2011, Movant was served with a Subpoena issued at the request of Steven Michael Fry, pro se party, in the above captioned matter. A true and correct copy of the Subpoena is attached hereto as Exhibit "A" and is incorporated by reference. 4. This matter appears to relate to a custody issue between the parents of a child who has received services from Movant through the early intervention program. 5. It is submitted that the records sought are restricted from compliance with the subpoena by application of 50 P.S. Section 7111. Movant should not be called upon to provide records as to services provided to the child through the early intervention program which should be considered confidential health care or mental health information. 6. The records requested by the Defendant Father have been provided to him directly, due to the Court Order giving him joint legal custody of the minor child. Providing this information through a subpoena violates statutory protections of confidentiality and would necessarily detract from Movant's ability to provide services to other minor children in the community. WHEREFORE, Movant requests this Court issue an Order Quashing the subpoena issued to Movant in this matter. Respectfully submitted, Date: 2 1 V -4? A-A?? Robert L. O'Brien, Esquire I.D. 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on June 27, 2011, 1, Robert L. O'Brien, Esquire, did serve a copy of the Motion To Quash Subpoena, via first class mail, to the party listed below, as follows: Steven Michael Fry GX-4964 PO Box 200 Camp Hill, Pennsylvania 17001-0200 Robert L. O'Brien, Esquire 19 West South Street Carlisle, PA 17013 ZANE vs. FRIENDS, 836 A. 2d 25, PENNSYLVANIA SUPREME COURT OPINION The unambiguous terms contained in the provision regarding the confidentiality of medical records leaves little room for doubt as to the intent of the Legislature regarding this section. As noted above, "all documents concerning persons in treatment shall be kept confidential and, without the person's written consent, may not be released or their contents disclosed to anyone." 1. 50 P.S. § 7111(a). The provision applies to all documents regarding one's treatment, not just medical records. Furthermore, the verbiage that the documents "shall be kept confidential" is plainly not discretionary but mandatory in. this context - it is a requirement. The release of the documents is contingent upon the person's written consent and the documents may not be released "to anyone" without such consent. The terms of[***17] the provision are eminently clear and unmistakable and the core meaning of this confidentiality section of the Mental Health Procedures Act is without doubt - there shall be no disclosure of the treatment documents to anyone. The only exceptions to this prohibition is if the person at issue has given written consent to the disclosure of the documents or if the disclosure falls into one of the four exceptions to the prohibition against disclosure. As there has been no consent by Anderson as to the release of his records, we turn to consideration of whether one of the four exceptions applies in this case. The first exception applies to those engaged in providing treatment for the person; the second exception applies to a county administrator with regard to administrative matters under the provisions of the Mental Health Procedures Act; and the fourth exception applies pursuant to federal rules, statutes and regulations governing disclosure of patient information where treatment is undertaken in a federal agency. 50 P. S. § 7111(a) 1), (2), and (4). Here, the documents[*** 19] are not sought by one treating the person or by a county administrator. Also, there is no allegation that there was any treatment undertaken in a federal agency. Clearly, these exceptions do not apply in this appeal. The only exception that arguably would apply is that which permits disclosure to a court in the course of legal proceedings authorized by the Mental Health Procedures Act. j*2491 50 P.S. § 7111(a)(3). Again, by the clear terms of the statute, disclosure to a court is not permitted in any legal proceedings, but only in those legal proceedings authorized by the Mental Health Procedures Act. Our review of the Mental Health Procedures Act reveals certain legal proceedings that are authorized by the statute, that is, proceedings falling within the confines of the act. These include involuntary emergency treatment, 50 P.S. § 7303; court- ordered involuntary treatment, 50 P.S. § 7304 and § 7305; transfer of persons in involuntary [**33] treatment, 50 P.S. § 7306; and voluntary mental health commitment determinations, 50 P.S. § 7204[***20] and 7206. We have found no provision in the framework of the Mental Health Procedures Act that would authorize a claim of negligence against a mental health care provider. STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA sr NO. 2009-5962 REBECCA MCKINLEY FRY CIVIL ACTION-LAW ORDER OF COURT AND NOW, this 2I' day of 2011, upon consideration of the Motion To Quash The Subpoenas, it is hereby ORDERED and DECREED, that said motion is granted and the subpoenas are quashed. a ?? ? Mme...... W BY THE COURT: • ,Tml(?? f ly'7C04rl Fil f/a,,?rr-f I :ZI-1E au t r Qrr cosh nqa / I EAS c h°!tD .,{ C4 hi h?b%? la An m -` nZl ?? ?lyi 2o put ?/ ?s?7vGT ?? ?lwJr?,,? A7r??r1 _ Aae",&& (9)eA) Ta Cpl c1Q c r?.tf? l?sa?! -t-4, / Az.uiJ 30t7f a , ??PU 145 m, n?vr ??/ate A?.? L-US/0,6 y Auk &7r4 m4, i& . ! HE -' suat l 7d' ?S bAl A,,C, t, ) AU mT T 4L go l "ry i?lvl? CLj`'6 rna A C-il w b to, -JAC C41 r b CLJN?O. Ef,6ajj A"M rn tAi --t ? U, 6 ? P-4 " lxy ) F? I F ?t F?! e-5 -4 . (go q1 11 _Y l rpl-F416(i y nx?7?? 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STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OFD r-t Plaintiff a CUMBERLAND COUNTY, PENNSYLV*MA = -? rn Z= -n- vs. : CIVIL ACTION - LAW NO. 09-5962 CIVIL -Z -- a? o° REBECCA MCKINLY FRY, ._, Z Defendant ORDER -? c rr W AND NOW, this day of July, 2011, it appearing that the plaintiff has attempted to obtain medical records of his child by subpoena but that the use of a subpoena for this purpose is clearly a violation of the Rules of Civil Procedure (see Pa.R.C.P. 234. 1), this matter is referred back to the Conciliator for the purpose of devising a method whereby the plaintiff may obtain the information which he seeks. BY THE COURT, Sheri Coover, Esquire For the Plaintiff /Steven M. Fry GX-4964 P. O. Box 200 Camp Hill, PA 17001-0200 Jessica Holst, Esquire For the Defendant Hubert X. Gilroy, Esquire Conciliator ;es 1/4 0 Am Sheri D. Coover, Esquire r - Attorney ID 93285 c?rs? A _ x :iq 44 S. Hanover Street -? o Carlisle, PA 17013 p ? v --n (717) 960-0075 > C: M Attorney for Plaintiff Steven Michael Fry _ KA STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2009-5962 REBECCA MCKINLY FRY, Defendant IN CUSTODY MOTION TO WITHDRAW ATTORNEY APPEARANCE AND NOW, comes Attorney Sheri Coover and files the following MOTION TO WITHDRAW AS COUNSEL and in support thereof avers as follows: 1. Undersigned counsel entered her appearance on behalf of the Plaintiff Steven Fry in the above-mentioned captioned matter and has represented the Plaintiff in a conciliation that was held with Attorney Gilroy. 2. Plaintiff Steven Fry has not fulfilled his financial obligations under the Retainer Agreement that he entered into with Attorney Coover regarding her representation of him in the custody matter. 3. Plaintiff Steven Fry has expressed to Attorney Coover that he wants to pursue additional filings with the Cumberland County Court of Common Pleas. 4. Attorney Coover has communicated to Plaintiff Steven Fry that she will not perform further work on his case until he has fulfilled his financial obligations for the representation already performed. V, 5. Plaintiff Steven Fry has expressed that he has attempted to file a Petition for Special Relief on his own behalf and that his filing was denied due to Attorney Coover's attorney appearance on his docket. 6. Plaintiff Steven Fry has expressed to Attorney Coover that he wishes to represent himself in future litigation for financial reasons and has asked Attorney Coover to file a. Motion to Withdraw her Appearance on his behalf. 7. The Honorable Judge Hess has previously been assigned to this case. 8. Attorney Jessica Holst, counsel for Defendant Rebecca Fry, has been contacted via electronic mail to seek her position on Attorney Coover's withdraw of appearance. She has indicated that she does not have an objection to Attorney Coover withdrawing her appearance on behalf of Plaintiff. WHEREFORE, undersigned counsel hereby requests that this Court grant her Motion to Withdraw as Counsel. submitted, ?heri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff Steven Michael Fry STEVEN MICHAEL FRY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA REBECCA MCKINLY FRY, Defendant CASE NO. 2009-5962 IN CUSTODY CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 12th day of July, 2011, I caused a copy of the foregoing motion to be served upon the following persons by United States First Class mail postage pre-paid addressed as follows: Jessica Holst, Esquire Mid-Penn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 submitted, Sh D. Coover, Esquire orneyID 93285 4 S. Hanover Street Carlisle, PA 17013 .S-r-E9eA1 lracaR f f F;Z( V. Af8k,wAlrek"I&I T;? bEF6rv,4,4r c!4R.T yr?Or»mc?i f Pttws b IJ I N C CZ a N o Am c t If- -Fo W ruDJRAJ fl&56 tjril4 D4kaj -[tE /n?7?nf Q c,3Lo7FMI7- C?Dljl ?? cJ4 /y t ?t C=x ?? c.,Y C A74 14.141, YA 11,9,& ! -U 2vv 1)r?srJT; &-nd fo ^^?.SS ?alST th,D t,Jnt /GRGs?I c?lrX? / L=um fiQfa?rD S ,C{vl 1???rEQ ST cAt/,:s/ i, \4 l 7013 . IaIJA-ref-(, l Coin ttc?SE .s47 o? aoe ?? Nul, 170o1-b-zoo , STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5962 CIVIL ACTION LAW ? a m x r C= r --- 'ern REBECCA MCKINLEY FRY te ?. co - IN CUSTODY r DEFENDANT era C- N s-? rT: i ORDER OF COURT AND NOW, Monday, July 18, 2011 upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, August 05, 2011 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, E Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street p? Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f ?el?• Cory • f ?J ?r?/' ev fA d [f +? Cod h'd 1`?iP - co ?r `l?oZ r? rn??•?PC? ? ? 0-7??roy ,S7E'J&l M2c4p ai J q Pl*?urzF1= V. ptgi4a ffio-?,"Vlf4 i?l- Q Ii (H? Cvu Ill - 6Co rr?mo PicA yr I ??t?+pF?IAuJ ?44%Y,1PE?J?S?Il?a,?zo I??` o9•sq?? A 2a N 1 cc-" --x 44615,4 ?czl n :,Orr? ST •--- 1?, pit, P/14, ur < rr /7kx/ s I' oQ A jk? i 6r flA?Aus (vO R-P"' bl K alluL, Ile jAkl)w. l E-lf, a? ? ? M l D,J ra Wi,14 5T Jf J n-nr4,-C1 J?V u'-' ail p7 7" ?, 60u4-71 ?a?R7"?fUus?. c5'ICcOF,J C! ??f4L ?f Fiv ?M? lf.?ct, ?A ?7QOt-o,?ao? ?l SIRS 7by ? mss ?a?J fk?-?I S?J?G?S Ifnl ? ?o?,;?r? .slCfr?rCl; s/€. ?A ??'0?3 scs 0,04 k:0l. ?-o. A* 9837. &a4 N2•?, ?A ??da r- 9837 STEVEN MICHAEL FRY, Plaintiff VS. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY =f > r"a C:D ?.3 r= COURT ORDER AND NOW, this / / day of August, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The terms of this Court's prior Order of June 20, 2011, shall continue and mother is directed to continue to write to the father and provide information on the minor child every two weeks consistent with paragraph 3(C) of the June 20, 2011, Order. Mother should provide copies of those communications to her counsel so that those letters are available in the event they are needed at any future proceedings. 2. Father's Motion for Amendment of the June 20, 2011 Order is DENIED. 3. Father's Motion for Contempt filed July 11, 2011, is DENIED. 4. Father's request for an issuance of a subpoena to obtain medical records concerning the minor child is DENIED. 5. Any future filings in this case by the father shall be referred to the Conciliator prior to the scheduling of a Conciliation Conference. Where appropriate, the Conciliator is directed to schedule a Conference consistent with applicable Rules. However, in the event the Conciliator believes a Conference is not necessary based upon the filing of the father, the Conciliator may submit to this Court a recommended Order addressing that filing for disposition. 6. The father is directed to discontinue writing letters to the Conciliator or having any direct communications with the Conciliator. BY THE COURT, Kevi A. Hess, Judge COP, cc: Mr. Steven Michael Fry g`u Ju? Jessica Holst, Esquire d q STEVEN MICHAEL FRY, Plaintiff Vs. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE, OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case came before the Conciliator based upon a Motion for Contempt and other filings the father has made. Along those lines, it is important for the Court to consider the recent history of this case which is as follows: A. On June 8, 2011, the Conciliator conducted a Conciliation Conference in this case with both parties and their counsel. The father was incarcerated at the time but was in the Cumberland County Courthouse because of a PFA hearing. A PFA Order was issued that date by agreement of the parties. Based upon the June 8 Conciliation, the Court entered an Order on June 20, 2011. B. The June 20, 2011, Order essentially required the mother to provide father with medical information concerning the child and directed to write father at least every two weeks concerning the child's situation. C. On June 21, the father filed pro se a Petition for Special relief seeking medical information from the doctors involved with the child.. D. On July 5, 2011, the father filed pro se a Motion to Amend the Existing Order requesting specific dates be included in the Order with respect to when he wold receive medical information. E. On July 11, 2011, Judge Hess issued an Order directing the matter be referred to the Conciliator because father was attempting to get a subpoena to obtain medical records. F. On July 11, 2011, father filed a pro se Motion for Contempt suggesting mother has not abided by the June 20, 2011 Order. G. On July 12, 2011, father filed a pro se Praecipe to withdraw his Motion for Contempt. 2. At the Conciliation Conference, mother was in attendance with her, Jessica Holst, Esquire. Father, who was incarcerated, was not in attendance and no arrangements had been made to make him available via telephone or otherwise for the conference. At the Conciliation Conference, Attorney Holst provided the Conciliator with a copy of a June 18, 2011, letter which mother sent to the father and which provided detailed information with respect to the various healthcare providers for the child and also provided a copy of the child's social security card. It also provided a summary of the medical situation for the child. Attorney Holst also provided the Conciliator with a copy of a two page June 30, 2011, letter mother wrote to the father and a July 12, 2011, letter mother wrote to the father which was three pages. 4. Based upon the review of the documentation filed in this matter, it is the Conciliator's view that the mother has, in good faith, attempted to provide the father with reasonable medical information concerning the minor child. Additionally, it is the Conciliator's view that the father has been requesting rather extreme, detailed information, much of which the Conciliator believes the father is not entitled to know. For example, the father has requested detailed information relative to the mother's pregnancy (mother is carrying the father's child). However, the Conciliator is not aware of any law that requires the expecting mother to provide the father of the child in her womb with any information at all. Father has engaged in a litany of pro se pleadings which appear to be designed more for annoyance of the mother than anything else. 5. The Conciliator notes that a presumption exists that visitation between an incarcerated parent and a minor child is not in the best interest of the child. Etter v. Rose, 454 PH.Super.138(1996). With such a presumption, the Conciliator is of the view that there is a presumption against an incarcerated parent being able to burden the legal system with constant requests for information and pleadings. 6. Again, the Conciliator notes that the mother has, in good faith, been providing information to the father, and it is the Conciliator's view that the information and contact the mother has had with the father is well beyond what most parents will do in situations where they are estranged from the other parent and the other parent is incarcerated. 7. The Conciliator recommends an Order in the form as Date: August '2011 6y-z Hubert )6 ( Custody C< r N STEVEN MICHAEL FRY Plaintiff V. REBECCA MCKINLEY FRY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO : 09-59,62 IN CUSTODY MOTION FOR CORRECTION OF CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT C r1o ? , . ? rr Z - c? -v M r =-4 rv AND NOW, comes Steven Michael Fry, Pro Se, and files the following MOTION FOR CORRECTION OF CONCILIATION SUMMARY REPORT AND ORDER OF COURT and in support thereof avers the following: 1. On or around August 9, 2011, a Conciliation Conference Summary Report was filed with the above said court by Hubert X. Gilry, Esquire, Custody Conciliator. (See Exhibit A; Summary Report) 2. The above at captioned parties have an exsisting Custody Stimpulation Agreement in the above docket within the said court for their minor child namely, Devon Michael Fry. (See Exhibit B; Order of Court dated June 20, 2011) 3. The above at captioned parties have an exsisting PFA Consent Agreement (Docket Number 11-3532) within the said court which addresses issues concerning the Mother's pregnancy and the parties unborn child. (Mother is carrying the Father's child) (See Exhibit C; PFA Consent Agreement dated June 8, 2011) 4. On August 5, 2011, a Custody Conciliation Conference was held which the Father was not present do to incarceration. As a result of this hearing a Custody Conference Summary Report was filed within the said court. `a 5. Paragraph (4) four of the Summary Report addresses the issue that the Father is requesting "rather extreme detailed information" from the Mother concern- ing her pregnancy and the parties unborn child. Furthermore, the Conciliator states "He is not aware of any law that requires the excepting Mother to provide Father of the child in her womb with any information at all." 6. Docket Number 09-5962 does not pertain to the Mother's pregnancy and the parties unborn child. This docket is an Custody Stipulation Agreement made between the parties for their oldest minor child, namely, Devon Michael Fry. (Refer to Ex- hibit B) 7. Consistent to the parties PFA Consent Agreement (Docket Number 11-3532) the Mother is required and directed to tell the Father information concerning the Mother's pregnancy and the parties unborn child. 8. Any and all matters concerning Mother's pregnancy and the parties unborn child are and should be raised under the parties PFA Consent Agreement (Docket Number 11-3532); matters concerning the parties oldest minor child are and should be raised under the Custody Stipulation Agreement. (Docket Number 09-5%2) 9. On or around July 10, 2011, Father did file a MOTION FOR CONTEMPT against the Mother. All matters raised in that motion pertained to the parties oldest minor child with the exception of paragraph (15) fiftean where Father did error and add- ressed the Mother's pregnancy and the parties unborn child. However, prior to the Custody Conference Father withdrew said motion which Conciliator acknowledges in his Summary Report under paragraph (1)(C). (Refer to Ex- hibit A and See Exhibit D; Docket Entry Docket Number 09-5962) 10. The Custody Conciliator should not have been addressing issues concerning the Mother's pregnancy and the parties unborn child, the Conciliator is a mediator for the parties under docket number 09-5962, which consist of an agreement for the parties oldest minor child and has nothing to do with the Mother's pregnancy and the parties unborn child. 11. Paragraph (4) four of the Summary Report is inconsistent, moot and has no merit to the above at captioned case. WHEREFORE, Father request this said court direct the Conciliator to make the appropriate corrections (In Part) to the August 9, 2011 Summary Report on the matters of the Mother's pregnancy and the parties unborn child. FURTHERMORE, Father request this said court to direct the Conciliator to not address any further issues concerning the Mother's pregnancy and the parties unborn child. MOTION FOR FURTHER CORRECTION OF SUMMARY REPORT 12. Father incorporates paragraphs 1 through 11 Above in their entirety. 13. Paragraph (5) five of Summary Report addresses a matter concerning some- thing with visitation. Father has no knowledge as to why said paragraph is in the Summary Report. Father has never raised the issue of visitation with the Conciliator, Courts, or in any previous filings. 14. Father was not at attendance to the August 5, 2011, Custody Conference to raise his issue as to why or why not this paragraph is a factor to the Summary Report. 15. Father states that the Conciliator Summary Report is based entirely off of only (1) parties side (the mother), despite the Father's attempt to attend hearing via telephone to both the Conciliator and the courts. 16. Under the terms of the parties Custody Stimpulation Agreement (Docket Number09-5962), Mother is directed to bring the minor child for visits, However, do to and consisttent to the parties PFA Consent Agreement (Docket Number 11-3532),and the criminal implication Father could face Father has not requested directly to the Mother for visits. 17. No modifications have been made to Father's visitations with the minor child. 18. Father has made inquires to the Mother to allow family members of either party to bring the minor child for visits, but not for the Mother to do so directly. 19. Paragraph (5) five would make one believe and/or assume that the Father has no right to see the minor child. Nothing has been modified under Physical Custody of the parties Custody Stipulation Agreement and in accordance to that agreement Father is entitled to visits providing that the proper arrangements are made do to the par- ties PFA Consent Agreement. 20. Paragraph (5) five of the Summary Report is inconsistent, moot and has no merit to the above at captioned case. WHEREFORE, Father request this said Court to direct the Conciliator to re- move said paragraph from the August 9, 201-1, Summary Report, Father was not at atten- dance to the August 5, 2011, Conciliation Conference and has no knowledge was this is in the Conciliator's Summary Report. MOTION FOR CORRECTION OF ORDER OF COURT 21. Father incorporates paragraphs 1 through 20 above in the entirety. 22. On or around August 11, 2011, the above said court entered an Order of Court in the above at captioned based off the Concilitor's Summary Report and his recommendation. (See Exhibit E; Order of Court dated August 11, 2011) 23. Paragraph (3) three of the Order "DENIED" Father's MOTION FOR CONTEMPT. The Conciliator should not have addressed any arguements Father raised in his con- tempt motion for the Father had withdrawn motion prior to the Custody Conference. (Refer to Exhibit A and Exhibit D) 24. Paragraph (4) four of the Order :DENIED" Father's assurance of a subpoena, the Conciliator should not have addressed that issue for the above said court had done so prior to the Custody Conference. (See Exhibit F; Order of Court dated June 29, 2011) % WHEREFORE, Father request this said court to revise the Order of Court re- moving Paragraphs (3) three and (4) four of the Order of Court dated August 11, 2011, for these issues had been previously addressed prior to the Custody Conference. MOTION FOR ASSURANCE OF ORDER OF COURT 25. Father incorporates paragraph 1 through 24 above in their entirety. 26. Do to Father's incarceration he is and will be unable to attend any fur- ther proceedings to the above at captioned case shall they arise. 27. Father request that any other proceeding to the above at captioned case be conducted via telephone. 28. Father will make the proper arrangements for via telephone Conference after receiving notification for the court. WHEREFORE, Father request this said court to issue an Order of Court for assurance that any and all other proceedings be conducted via telephone so that the Father can participate in that proceeding and that the Conciliator hears both sides and not base hearing off of (1) one sides evidence. Respectfully submitted, Steven Michael Fry GX-4964 P.O. Box 200 Camp Hill, Pa 17001 Disribution: Steven Michael Pry, P.0 BOx 200 Camp Hill, Pa 17001 Mid Penn Legal Service, Attorney Jessica Holst, 401 E. Louther St Carlisle, Pa 17013 ' VERIFICATION I verify that the foregoing is true and correct to the best of my knowledge and belief and that false statement made within are subject to the pentailties under 18 P.A. C.S.A 4904. h Date• IW Steven Michael Fry GX-4964 P.O. BOX 200 Camp Hill, Pa 17001 STEVEN MICHAEL FRY Plaintiff V REBECCA MCKINLEY FRY Defendant IN CUSTODY CERTIFICATE OF SERVICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-5962 I verify that the foregoing was served on the following parties listed below by First Class United States Postal Service: Mid Penn Legal Servives Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 Date: A';t' [ I I Steven Michael Fry GX-x-(W. q( (R4 P.O. Box 200 Camp Hill, Pa 17001 A EXHIBIT A STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case came before the Conciliator based upon a Motion for Contempt and other filings the father has made. Along those lines, it is important for the Court to consider the recent history of this case which is as follows: A. On June 8, 2011, the Conciliator conducted a Conciliation Conference in this case with both parties and their counsel. The father was incarcerated at the time but was in the Cumberland County Courthouse because of a PFA hearing. A PFA Order was issued that date by agreement of the parties. Based upon the June 8 Conciliation, the Court entered an Order on June 20, 2011. B. The June 20, 2011, Order essentially required the mother to provide father with medical information concerning the child and directed to write father at least every two weeks concerning the child's situation. C. On June 21, the father filed pro se a Petition for Special relief seeking medical information from the doctors involved with the child. D. On July 5, 2011, the father filed pro se a Motion to Amend the Existing Order requesting specific dates be included in the Order with respect to when he wold receive medical information. E. On July 11, 2011, Judge Hess issued an Order directing the matter be referred to the Conciliator because father was attempting to get a subpoena to obtain medical records. F. On July 11, 2011, father filed a pro se Motion for Contempt suggesting mother has not abided by the June 20, 2011 Order. G. On July 12, 2011, father filed a pro se Praecipe to withdraw his Motion for Contempt. 2. At the Conciliation Conference, mother was in attendance with her, Jessica Holst, Esquire. Father, who was incarcerated, was not in attendance and no arrangements had been made to make him available via telephone or otherwise for the conference. 3. At the Conciliation Conference, Attorney Holst provided the Conciliator with a copy of a June 18, 2011, letter which mother sent to the father and which provided detailed information with respect to the various healthcare providers for the child and also provided a copy of the child's social security card. It also provided a summary of the medical situation for the child. Attorney Holst also provided the Conciliator with a copy of a two page June 30, 2011, letter mother wrote to the father and a July 12, 2011, letter mother wrote to the father which was three pages. 4. Based upon the review of the documentation filed in this matter, it is the Conciliator's view that the mother has, in good faith, attempted to provide the father with reasonable medical information concerning the minor child. Additionally, it is the Conciliator's view that the father has been requesting rather extreme, detailed information, much of which the Conciliator believes the father is not entitled to know. For example, the father has requested detailed information relative to the mother's pregnancy (mother is carrying the father's child). However, the Conciliator is not aware of any law that requires the expecting mother to provide the father of the child in her womb with any information at all. Father has engaged in a litany of pro se pleadings which appear to be designed more for annoyance of the mother than anything else. 5. The Conciliator notes that a presumption exists that visitation between an incarcerated parent and a minor child is not in the best interest of the child. Etter v. Rose, 454 PH.Super.138(1996). With such a presumption, the Conciliator is of the view that there is a presumption against an incarcerated parent being able to burden the legal system with constant requests for information and pleadings. 6. Again, the Conciliator notes that the mother has, in good faith, been providing information to the father, and it is the Conciliator's view that the information and contact the mother has had with the father is well beyond what most parents will do in situations where they are estranged from the other parent and the other parent is incarcerated. 7. The Conciliator recommends an Order in the form as Date: August 2011 ?6 Z Hubert )6 ( Custody Cc EXHIBIT B STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW REBECCA MCKINLY FRY, NO. 2009-5962 Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess COURT ORDER AND NOW, this c9& day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court dated December 29, 2009, shall remain in place subject to the following modifications: 1. The father, Steven Michael Fry, and the mother, Rebecca McKinly Fry, shall continue to enjoy shared legal custody of Devon Michael Fry, born June 9, 2009. 2. Upon father's release from prison and in the event the parties are unable to agree upon a custody schedule, legal counsel for the father may contact the Custody Conciliator directly to set up anther Custody Conciliation Conference at which time the Conciliator may, as appropriate, recommend an Order to this Court addressing father's periods of temporary custody. 3. Consistent with the provisions that both parents enjoy shared legal custody, mother is directed to do the following: A. Provide father with copies of all pertinent legal documents concerning the child including, but not limited to, a birth certificate and social security card. B. Provide father with a listing of all medical providers for the child. C. Mother shall write to the father while he is incarcerated at least once every two weeks and provide information concerning the minor child. D. Father is permitted to write letters to the mother making inquiries with respect to the minor child, but father's letters shall only be related to the child and custody issues and shall not relate to any other matters. A A CD ,?s' y CD ? p r« tTj CD co tri . C ?1 .fl (D ?G r+. CD r+?'. W CD• ti CJQ y f,.r ? O r+ A co O. CD CD O (D O C to O a t=i p A CD y 0 p AO CD ? Pta3 Cl) 31, CD P m?v ( 3 y CD CD ? m 0 O• y tz? CD N 0 W N :-- CD > d y ?C ° °?i A mss O F$ O (9 O A CD . (D a fir. Q' CD 0 0 0 M '+ a ? ? Mr• ?• o . O CCD o' p. A p v? rn n C '"? ?D CD ,A 0 O K 0 oil CD 0 .. ° a o 0 !!o -TI 0 0 1+ 0 w ?° CDC' ° A O O C ° 'T ri CD A r-M A ?? `0 ? cu Ln CD CD . . N . a 00 0 r r CD _ (D ? CD N n' .'?. ' r y < O CD ? c O `T (D (o C O Er, + ° l D O O 0 ., CD M cD CD (-D C) CD o C 0 0 O-t) D ° p (D '? Q- Q' y- 03 . 0 a a ? R • lD (D rjQ (A (D ^0 d? ?a 0 W ? n (D Cx a? nn o ? ?a ?o (?D o? oa 0 o (? V O Uq O a- x y y l" d? >?yy--- C rn V, bz CC M r 0? P O ?N z ?a o0 n ?a C v' O EXHIBIT C FINAL PROTECTION IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA Extended Order ? Amended Order NO. 2011-3532 1. PLAINTIFF Rebecca McKinley Fry 17/13/1983 First Middle Last Suffix Plaintiff DOB Name(s) of All protected persons, including minor child/ren and DOB. Rebecca McKinley Fry 7/13/1983 V. DEFENDANT Steven Michael Fry First Middle Last Suffix Defendant's Address: Keystone Correctional Institute 7020 Allentown Blvd. Harrisburg PA CAUTION: ? Weapon Involved ? Weapon Present on the Property O Weapon Ordered Relinquished DEFENDANT ID ENTIFIERS DOB 5/20/1971 _ HEIGHT 5 ft. 7 in. SEX Male WEIGHT 150 RACE White EYES Brown HAIR Brown SSN 185-54-6995 DRIVERS LICENSE # EXP DATE STATE The Court Hereby Finds: That it has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. The Court Hereby Orders: ?X Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. M Except as provided in paragraph 5 of this order, Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. ?X Additional findings of this order are set forth below. Order Effective Date June 8, 2011 Order Expiration Date June 8, 2014 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(g). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(8)(8). . ? W If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT .40 uw_ Date Entered pursuant to the consent of Plaintiff and Defendant: s Rebecca M. Fry, Date Plaintiff t- -My Kns, tsq. Atto for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Edward E. Guido'] udge Steven M. -Fry, Date Defendant - ' 20 Date Sherri Coover, Esq. Date Attorney for Defendant Distribution to: MidPenn Legal Services, Attorney for Plaintiff Sherri Coover, Esq., Attorney for Defendant TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This 1_day of? ZO // Prothonotary Cumberland County Prothonotary's Ofra_ce Page Civil Case Pri:Zt 20009-05962 FRY STEVEN MICHAEL (vs) FRY REBECCA MCKINLEY Reference No... Filed......... 8/31/2009 Case Type.....: COMPLAINT - CUSTODY Time...... . 4:11 Judgment..... : .00 Execution Date 0/00/0000 Judge Assigned: HESS KEVIN A Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 --- -------- Case Comments ------------ Higher Crt 1.: Higher Crt 2.: 7/11/2011 MOTION FOR CONTEMPT - BY STEVEN M FRY PLFF ------------------------------------------------------------------- 7/11/2011 ORDER DATED 7-11-11 IN RE REFERRED BACK TO THE CONCILIATOR - BY THE COURT KEVIN A HESS PJ - COPIES MAILED 7-11-11 ------------------------------------------------------------------- 7/12/2011 MOTION TO WITHDRAW ATTORNEY APPEARANCE - BY SHERI D COOVER ATTY FOR PLFF ------------------------------------------------------------------- 7/13/2011 PRAECIPE TO WITHDRAW - MOTION FOR CONTEMPT - BY STEVEN MICHAEL FRY PLFF ------------------------------------------------------------------- 7/14/2011 ORDER 7/14/11 - IN RE: MOTION TO WITHDRAW AS COUNSEL - MOTION IS GRANTED AND ATTY COOVE IS THE WITHDRAWN AS COUNSEL FOR PLFF STEVEN MICHAEL FRY -OR L N THE ALTERNATIVE - RULE ISSUED UPON PLFF AND DEFT'S COUNSEL TO SWER AS TO WHY THE RELIEF REQUESTED BY PLFF'S COUNSEL SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF THIS ORDER - BY THE COURT - KEVIN A HESS PJ COPIES MAILED 7/14/11 ------------------------------------------------------------------- 7/18/2011 ORDER OF COURT - 7/18/11 - IN RE: CUSTODY CONCILIATOR HEARING - @ 10:30 HUBERT X GILROYAMSQONCUSTODY4TH - FOR THE COURT - COPIES MAILED 7/19/11 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* MODIFICATION CU 70.00 70.00 .00 ------------------------ ------------ 70.00 70.00 .00 ******************************************************************************** * End of Case Information ******************************************************************************** i EXHIBIT D L EXHIBIT E STEVEN MICHAEL FRY, Plaintiff VS. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY COURT ORDER AND NOW, this I f fh day ofAugust, 2011, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: The terms of this Court's prior Order of June 20, 2011, shall continue and mother is directed to continue to write to the father and provide information on the minor child every two weeks consistent with paragraph 3(C) of the June 20, 2011, Order. Mother should provide copies of those communications to her counsel so that those letters are available in the event they are needed at any future proceedings. 2. Father's Motion for Amendment of the June 20, 2011 Order is DENIED. 3. Father's Motion for Contempt filed July 11, 2011, is DENIED. 4. Father's request for an issuance of a subpoena to obtain medical records concerning the minor child is DENIED. 5. Any future filings in this case by the father shall be referred to the Conciliator prior to the scheduling of a Conciliation Conference. Where appropriate, the Conciliator is directed to schedule a Conference consistent with applicable Rules. However, in the event the Conciliator believes a Conference is not necessary based upon the filing of the father, the Conciliator may submit to this Court a recommended Order addressing that filing for disposition. 6. The father is directed to discontinue writing letters to the Conciliator or having any direct communications with the Conciliator. BY THE COURT, Is I -KD4A., A, ge&& e in A. Hess, Judge cc: Mr. Steven Michael Fry Jessica Holst, Esquire TRUE COPY FROM RECORD to Teedmony ft unlo mY t?er+d wim" and asri Few at" Pa.' GS!W TW 209-- ProThocatacy STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLY FRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5962 CIVIL IN RE: MOTION FOR CORRECTION OF CONCILIATION CONFERENCE SUMMARY REPORT AND ORDER OF COURT ORDER AND NOW, this ;2 ra day of September, 2011, the within motion of the plaintiff is GRANTED to the extent that his motion is filed as a counterstatement with respect to certain matters arising out of the most recent conciliation in this case. His request to participate by telephone will be noted by the Master. ,' Steven M. Fry GX-4964 P. O. Box 200 Camp Hill, PA 17001-0200 -, Jessica Holst, Esquire For the Defendant /I ubert X. Gilroy, Esquire Conciliator :rlm CT BY THE COURT, ' , / Kevin A. Hess, P. J. 3 M -.. t r1 w a M cn r~n M,:? . p _ < -? G :moo 3? ? w Sheri D. Coover, Esquire c Attorney ID 93285 - -- = u 44 S. Hanover Street M _? Carlisle, PA 17013 (717) 960-0075 ° ;- Attorney for Plaintiff Steven Michael Fry STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEA'S Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2009-5962 REBECCA MCKINLY FRY, Defendant IN CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Movant, Sheri D. Coover, Esquire and avers as follows: 1. On July 12, 2011, Sheri D. Coover, Esquire filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. A Rule to Show Cause was issued on July 14, 2011, upon Defendant to show why Movant should not be permitted to withdraw as counsel for Plaintiff, Steven Michael Fry. 3. On July 12, 2011, a copy of the Motion to Withdraw as Counsel was sent to Plaintiff at the Camp Hill Prison by first class mail, postage prepaid. (Plaintiff was an inmate at the Camp Hill Prison at that time.) 4. On July 14, 2011, a copy of the Order of Court dated July 14, 2011 was sent to Plaintiff by the Court by first class mail, postage prepaid to Plaintiff at the Camp Hill Prison. 5. The Rule issued by the Court granted the Plaintiff and opposing counsel twenty days to show why the relief requested by the Plaintiff should not be granted. 6. More than twenty days have elapsed from the date of service on Plaintiff and she has not filed a response to the Rule to Show Cause or Order of Court. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court grant her request to withdraw as counsel in this matter. submitted, he D. Coover, Esquire nngi & Scaringi, P.C. 44 S. Hanover Street Carlisle, PA 17013 Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 Attorney for Plaintiff Steven Michael Fry STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLY FRY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2009-5962 IN CUSTODY CERTIFICATE OF SERVICE 1OWl I, Sheri D. Coover, Esquire hereby certify that on this VA day of October, 2011, 1 caused a copy of Movant's Motion to Make Rule Absolute to be served upon Defendant by serving his attorney of record and Plaintiff by United States first class mail, postage prepaid at the following addresses: Jessica Holst, Esquire Mid-Penn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Steven Michael Fry Inmate #GX-4964 PO Box 200 Camp Hill, PA 17001-0200 Resp#,6tfully submitted, IWri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 w STEVEN MICHAEL FRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA _ V. CtJ . N0 : 09-5962 17) ' `'r== -i --c:; REBECCA MCKINLEX FRY ; t~'• , --4,~:-: _ Defendant : IN RE: CUSTODY - ~y'- , :3C MOTION FOR APPOINTMENT OF COUNSEL AND NOW, comes Steven Michael Fry, Pro Se, and files the following MpTION FOR APPOINTMENT OF COUNSEL and in support thereof avers the following: 1. Prior counsel for the Plaintiff, Sheri D. Coover, Esquire, withdrew appearance on the above at captioned on July 12, 2011, do to Plaintiff's incarceration, financial status and unability to pay for further proceedings. 2. The above at captioned Court granted counsel's motion on July 14, 2011. 3. Plaintiff and Defendant have shared legal custody of one (1) minor child. (See Exhibit A; Order dtated June 20, 2011) 4. Defendant is to provide the Plaintiff with all per- tinent documents and a complete listing of all medical pro- viders in regards to the minor child. 5. Plaintiff has addressed his concerns to the above at captioned Court and to Defendant's counsel by letters and/or motions that Defendant does not and/or has not always provide Plaintiff with this information. 6. The above at captioned Court nor the Defendant;s counsel will acknowledge and/or address any of the Plaintiff's concerns and/or help Plaintiff to receive this information. 7. The Conciliator in this matter has made accusations that the Plaintiff is filing motions to annoy the Defendant. 8. Plaintiff is unable to excercise the right of filing a MOTION FOR CONTEMPT against the Defendant for those hearings continue to be conducted without Plaintiff being present to raise and/or argue his issues and/or produce evidence of the Defendant's fail.ure to provide information. 9. The a.bove at captioned Court has shown no leniency to the Plaintiff despite Plaintiff being Pro Se. 10. Providing Plaintiff with counsel, said counsel will be able to determine the proper filing and corresponde with the Defendant's counsel to obtain the information concerning the minor child. 11. I verify that the foregoing is true and correct to , the best of my knowledge and belief and that a false statement is subject to pentality under 18 PA C.S.A. § 4904, False State- ments to Authorities. WHEREFORE, Plaintiff respectfully request this Honor- able Court to appoint counsel in the above at captioned and/or issue an Order of Court which is deemed proper. Respectfully, Date: 10/19/11 Steven Michael Fry STEVEN MICHAEL FRY,. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COLINTY, PENNSYLVANIA vs. : CNIL ACTION - LAW REBECCA MCKINLY FRY, : NO. 2009-5962 Defendant : IN CUSTODY Prior Judge: The Honorable Kevin A. Hess COURT ORDER AND NOW, this a& day of June, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior Order of Court dated December 29, 2009, shall remain in place subject to the following modifications: l. The father, Steven Michael Fry, and the mother, Rebecca McKinly Fry, shall continue to. enjoy shazed legal custody of Devon Michael Fry, born June 9, 2009. 2. Upon father's release from prison and in the event the parties aze unable to agree upon a custody schedule, legal counsel for the father may contact the Custody Conciliator directly to set up anther Custody Conciliation Conference at which time the Conciliator may, as appropriaie, recommend an Order to this Court addressing father's periods of temporary custody. 3. Consistent with the provisions that both pazents enjoy shared legal custody, mother is directed to do the following: A. Provide father with copies of all pertinent legal documents concerning the child including, but not limited to, a birth certificate and social security card. B. Provide father with a listing of all medical providers for the child. C. Mother shall write to the father while he is incazcerated at least once every two weeks and provide information concerning the minor child. D. Father is permitted to write letters to the mother making inquiries with respect to the minor child, but father's letters shall only be related to the child and custody issues and shall not relate to any other matters. . z . 4. The parties shall continue to have no verbal communication at this time, with the understanding that the maternal grandmother may be contacted by the father relative to custody issues only. BY THE COURT, s evin A. Hess, Judge cc: Sheri D. Coover, Esquire Jessica Holst, Esquire TRUE COPY FROM RECORD In Testimony whereof, ( here unto set my hand and the ssal of said at Cariisle, Pa. This ,.p215* d 20 v Prothonotary STEVEN MICHAEL FRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. , : N0: 09-5962 REBECCA MCKINLEY FRY . De.f endant : IN RE : CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing motion was served to the following parties listed below by First Clas United States Mail: CUMBERLAND COUNTY COURTHOUSE PROTHONATARY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 Date: 10/19/11 Steven Michael Fry h na STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS Q93 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVi > ? c V . . 2009-5962 CIVIL ACTION LAW REBACCA MCKINLY FRY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Tuesday, January 17, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January. 27, 2012 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator IVA 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. Ceti. Aw Ied -0 ? JJp6f Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 net .lo. Hubert X. (?illro CcPy Cosec l iaAm H C. %ieoer? Ia OaelFhy 11,8116 M STEVEN MICHAEL FRY, = IN THE COURT OF COMMON PLEAS OF Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. NO: 09-5962 CIVIL TERA _ REBECCA MCKINLEY FRY, rj "Q3: rv -i Petitioner IN RE: CUSTODY irai ?(--.T v2i^r RESPONDENT'S COUNTERSTATEMENT AND MOTION TO DISM ="'< PETITIONER FS PETITION FOR MODIFICATION (IN PARVE C'), --; . Respondent,Steven Michael „ry,pro Se,files the following COUNTERSTATEMENT AND MOTION TO DISMISS PETITIONER'S PETITION FOR MODIFICATION (IN PART) and avers the following: 1. Admitted. 2. Admitted;Denied in part with clairification. Father has notified both Mother and her counsel that a release is anticipated in the near future for Father is eligiable for parole effective January 12, 2012. 3. Admitted. 4. Admitted. 5. Admitted with clairification. Mother has not provided Father with all pertinent documents. Father for the pasted nine months has been attempting to receive documents as to why the child re- ceives SSI benefits and a copy of the child's insurance guide/ policy. An Order dated November 4,2011,allowed Father to corre- sponde with Mother's counsel in an attempt to receive this infor- mation. Counsel has stated that she has spoken to the Mother a- bout such and that the Mother alleges to have no such documents which the Father seeks,nor,has Mother and counsel attempted to assist Father in obtaining such information despite mother filing for such on behalf of the child. The only documents that the Mother provided the Father were documents that Mother was directed by the conciliator to provide. All other documents that Father has requested ri Mother consistently states not to have. Mother alleges that the child has varies medical issues but does not provide Father with documents regarding these medical issues. 6. Admitted with clairification. Father's Motion For Ammend- ment seeked the exact request that Mother now is requesting,that Mother provide letter's to the Father by the 15th and 30rd of each month regarding the child. An Order dated September 2, 20110, granted Father's Counterstatement after the conciliator addressed and denied Father's Motion For Contempt. Father raised the issue with this court that the matter should not have been 'addressed by the conciliator for Father had withdrawn his Motion For Contempt prior to the conciliatation hearing. 7. Admitted. 8. Admitted. 9. Denied. a. Denied with clairification. Father's letter's are not harassing and excessive. Father's letter's are an attempt to be provided information about the child and to be active and involved in the child's .life. The Father in the pasted has received letter's from both physicians and service providers requesting the Father's input on matters regarding the child,matters which the Father has no knowledge of do to Mother not informing Father. Mother will of- ten have services done to the child without Father's knowledge, despite Father having shared legal custody of the child. When the Father request pertinent documents or information from the Mother, Mother will tell Father that she does not have such. When Father inquiries to Mother about these matters the Mother then alleges that the Father is harassing her and requesting excessive infor- mation. b. Admitted with clairification. Issues pertaining to the new born infant and Father's filing to request DIVA to establish paternity are moot and have no merit to this custody docket. The custody orders in this matter do not address the new born infant r in any manner. Father is permitted to address matters of the new born infant under the Protection Order. c. Admitted;Denied in part with clairification. No order that has been issued by this court states that Father's letter's be limited to a ex amount of pages. Father did not request Mother's medical information or information Mother shared with her OB/GYN. Father only asked Mother "how she was feeling" and "if she had told her OB/GYN about pasted complications during pregnancies." The Father's inquiries to Mother were no more then Father being con- cerned about Mother's pregnancy and the unborn child. Father has not DEMANDED Mother allow the child to be transported to the prison. Father had only ASKED Mother to allow such after Father attempted to follow the August 11,2011,order and inquired such to the grandmother who did not reply to Father's letters. Father asking was no more then an attempt to have a Father/Child relationship,furthermore,the parties August 11,2011, order continued the terms of the parties June 20,2011,order. The terms of the June 20,2011,order reads in pertinent part;the prior order dated December 29,2009,shall remain in place subject to the following listed modification. The parties order dated December 29, 2011,reads in pertinent part;Father shall have visitation with the child when Mother is able to take the child to the prison... to visit his Father at least once a month. Father understands that do to the criminal implication Father could face under the Protection order it is not in the best interest of the Father or :Mother that the Mother bring child for visits,however,Father has acknowledged to both Mother and her counsel that Father would make arrangements for immediate family to bring the child. A December 23,2011,letter from Mother's attorney to the Father reads in pertinent part;Ms. Fry does not agree to allow someone else bring Devon nor does she agree to bring Devon. Father went one step further requesting that arrangements be made to allow Father to call the grandmother and talk to the child,again,Mother and counsel denied Father's request. It's Father's view that he is still entitled to visits with the child for nothing under the visitation terms have been modified to state otherwise and the June 20,2011,order continued this portion of the parties agreement. Pursuant to Etter V. Rose 454 Pa Su er,138. 684 A2d 1092 (1996), A Superior Court decision states that it would be appropiate to explore the seriously visitation before an inmates release when the likelihood is present that partial custody will be granted. The parties June 20,2011,order states that the Father may con- tact the conciliator directly to schedule his portion of partial custody. d. Denied with clairification. It's Father's view that it's important that this court look at the context,wording and argue- emnt made by Mother. Mother states that the Father makes it diffi- cult for Mother to act in the minor child's best interest by be- ing able to make IMMEDIATE decisions about his care and that the child has varies medical issues that often result in referrals or consultations. It's Father's view that it's just as important for the court to consider the context and wording of the parties custody agreement and the terms of shared legal custody which reads in per- tinent part;Father and Mother shall have shared legal custody of the child,each parent shall have an equal right to be excercised jointly with the other parent to make ALL non-emergency decisions affecting the child's general well being ...each parent shall be entitled to full. participation in treatment planning... shall one parent be ii; possession of such records or information that parent is required to share the same with the other parent. Mother is requesting sole legal custody of the child so that Mother can make IMMEDIATE decisions about the child's care. Mother does riot state specific medical issues that the child has that would require are immediate decisions. It appears that the Mother is referring to referrals arid corisutatioris,futhermore,iri the event that the child is in need of an immediate medical de- cision there orie would have to assume since this decision need to be made immediately that this would be consituted an emergercy and/or life threatening to the child and under the terms of shared legal custody Mother would already be permitted to make that de- cision without the consent or knowledge of the Father. N Shall a physician or service provider request a referral or consultation thus then would appear to be a nori-emergency decision arid riot life threatening to the child since such would need to be scheduled arid/or arrariged,meaning that then the Father arid Mother should discuss the matter. A referral or consultation is defined in Websters New World Dictionary as one person being referred to another to talk things over,confer,ask for advise, corifer,which then would be a decision that Father and Mother should arid are to make jointly,not a decisiori that need to be made immediately. Father is iri regular contact with the child's physicians and service providers who have indicated nothing to the Father about the child having any medical issues that re- quire ari immediate decision, iri fact, such persoris tell the Father that the child is doing rather well. Father does riot request immediate information from the Mother. When Father is made aware of an consultation or appoint- ment date often Mother never tells Father of it's out-come un- til weeks later,if at all,for example,the child is seem by an eye specialist for the child's eye turns iriward,the child was last seem by said doctor December 8,2011. Father has made numerous attempts since to the Mother to learn of the child's next appoint merit with said doctor, however, six weeks later Mother still has yet to provide Father with that information. Iri October,2011, the child had a speech consultation. Mother had said dorie without the Father's kriowledge,participatiori,or even providing Father with a date. Father only learned that such had taken place after receiv- ing a letter from the service provider stating such had happen. Father iriquired to Mother about this and Mother did riot ackriow- ledge Father until nearly two month later as to why consultation had taken place or about anything about this matter arid what was discussed at the consultatior). It's Father view that the Mother is urider the concept that the Father should coritact the service providers directly to receieve this type of information arid learn date arid such. Service providers should riot be placed in a po- sitiori to act as a mediator for Father and Mother. The terms of shared legal custody are rather clear in stating that each parent should share such information with the other. A e. Denied with clairification. Mother does riot indicate arty life threatening medical issues that the child has that would constitute the need for immediate decisio making. Under the terms of shared legal custody Father is entitled to participate in the child's medical treatment planning,referrals and consultations. Father receieves regular request from physicians acid service pro- viders requesting the Father's iriput and/or participation. Father has consented to request made by a physician and service provider including but riot limited to past referrals,consultatioris and surgeries. Father has riot denied or refused to consent to any recommendation made by such persons,rnor does Mother state any specific issues which the Father has riot consented to placing the child in harm or a life threatenirg situation. f. Admitted;Denied with clairification. Father's request for more specific information such as the use of 3 piece puzzles and the use of a doll to help the child,has not,does not,and did riot affect the child in anyway placing child in harm or a life threat eriirig situation. Father's request was no more then an attempt to learn the purpose os such activities for Father did riot clearly understand why such was being done or used by the service pro- viders. Such activities are still being used with the child. The Father addressed his concerns with the service providers who then explained more in detail why such were being done. After Father reviewed the service providers explaination and had a better uri- derstanding of these activities the Father in fact contacted the service providers again stating that he himself believed that such activities would benefit and be in the best interest of the child (refer to Exhibit 1). Mother and her counsel have taken Father's comments and concerns completely out of context. Father has a right to know why certain activities are being done with the child,there purpose,and to have imput in these matters,this rather the mother agrees to Fathers coricerris and input or riot. Father's questioning of certain activities does riot interfere with the Mother's ability to proactively provide for the child and his on-going needs,iri fact,the Father is encouraged by ser- vice providers and physicians to have input,make suggestions and ask questions,when the Father inquires about such or does riot fully understand the Mother uses the child to her benefit by al- ledging Father is beirig harassing arid hindering iri the child's care. It's Father's positiori that the Mother's acts are rrothi g more there are attempt to terminate arid/or remove the Father from the child's life arid riot allow a Father/Child relationship. Attached as Exhibits 2-12 are varies letter's from physicians arid service providers who are "trained" as mother's counsel refers to ire paragraph 9(g) of Mother's petition iri the in which the child Bet's services in. Said service providers make such comments a- bout the Father such as "I know you warit what is best for Devon," "I am grateful for your interest iri having up-dated iriformatiorl arid being part of decision making,""you are making a positive impact orr his life, ""you seem very interested iri learning about child development arid what Devon should be doing at his age." Varies letter's show physicians arid service providers requesting Father's input,suggestions,comments arid encouraging the Father to do such arid that the Father has coriserited to all recommerida- tions,referrals arid consultations,participating in many of them. In light of all the good comments made about the Father the Mother and her counsel who are riot trained ire this area appear to be- lieve that they have the knowledge,trainirrg arid schooling to de- termine that the Father is riot actirig in the best interest of the child simply because the Father ask questions coricerrjirjg activi- ties or because the Father may riot fully understated Mother's ex- plairratiorrs when Mother does provide orie to the Father. Mother states that immediate decisions need to be made regarding the child,however,the special consideration form from the service providers show that the child has rjo immediate needs (refer to Exhibit 10). Mother's request to make immediate decisions affect- ing the child's care is iricorisisterit to the terms of shared legal custody. Mother has rio justifiable reason to request sole legal custody simply because the Father may question certain, treatment the child receives. g. Admitted with clairification. Father was only advised per the prison that he is not aloud to send Mother letter's per institutional mail system. Father was never advised by counsel, the District Attorney,victim witness or by order of the court that he may not send letter's to counsel for review to pass along to the Mother regarding the child. 10. Admitted. '11. Admitted. MOTION TO DISMISS PETITIONER'S PETITION FOR MODIFICATION (IN PART) 12. Father incorporates paragraphs 1-11 above in their en- tirety. 13. Father respectfully request this Honorable Court dismiss Mother's request for sole legal custody for reasons iricludirig but not limited to the following: a. No allegation alleged by the Mother agairist Father has harmed or place the child in a life threatening situation. b. Mother has riot listed any specific medical issues which the child may have that require an immediate decision placing the child iri harm or a life threatening situation. c. Mother's request to act immediately pertaining to referrals,consultations and rion-emergency decisions are contra- dictory to the terms of shared legal custody. d. Under the terms of shared legal custody Mother is already permitted to make immediate decisions affecting the child shall it be deemed an emergency or life threatening to the child. e. Father's corncerns,questiorning,iriput and such to service providers have affected the child's services in no way. Service providers have ericouraged the Father to do just such and to be involved iri services nor has Father hindered any ser- vice which the child may need. f. Father's been active in the child's medical issues when Father is informed of such (refer to Exhibits 1-12). g. Service providers for the child have beers sup- portive of the Father's involvemerit. h. Father wishes to establish a Father/Child relation- ship acid has been consistent in his attempt to do such and to be in the child's life and decision making process. 15. I verify that the foregoirig motion is true and correct to the best of my knowledge and belief and that false statements made within are subject to peritaly under 18 PA CSA 4904,relating to false statement to authorities. WHEREFORE, Father respectfully request this court to dismiss mother's request for sole legal custody and to enter the attached order which it's Father's view said order is one that is fair to both Father and Mother. Respectfully submitted, Date: January 20, 2012 Steven MIchael Fry x Steven Michael Fry GX-4964 175 Progress Drive Waynesburg, Pa 15370 September 17, 2011 Keystone Services C/O Trudy Ditzler 3700 Vartan Way Harrisburg, Pa 17110 RE: Devon Michael Fry Dear Ms. Ditzler: I am in receipt to your recent correspondence which explains several questions I had asked regarding things that are being done with Devon. Thank You for taking the time to viewing you letter and explainations why certain activities are being done row use, block building and dolls and derstanding I believe such activities best interest. expl. I now such with will ain this to me. Upon re- have a much better idea as 3 piece puzzles, mir- having this better un- benefit and be in Devon's Could you please send Devon's lastest session notes. I Thank You in advance for your time, help and understanding. Respectfully, even Michael Fry CC: FIle 0 ,y r-"A? I than patch the better eye, with blurring eye drops on a twice weekly basis. As of his last visit on 9/16/11 when he saw my assistant, J. Snow, mother agreed to renew efforts to try to patch the right eye at least two hours daily and to try to use his glasses on a full time basis. I will be seeing him again, myself, on 12/08/11. Second, I am sorry that there has been a delay in sending you the requested medical records. Unfortunately, I do not have any influence on the Medical Records Department, but will ask them to try to expedite communications in the future. Hopefully, keeping you posted as to the results of each visit will help tosolve this problem. Finally, the result of Devon's MRI, which was undertaken in order to rule out an optic nerve problem as the cause for his poor vision in the left eye, was entirely normal. You were concerned about the pre-MRI physical exam by the anesthesiologist and I will bring those concerns to his/her attention. Thank you very much for letting me know about your concerns. Your participation in Devon's care is important and welcomed. Please feel free to contact me if you have any other questions. # 29962 Electronic Signature on File CC: Forward to Addressee: CC: Holly C Hoffman, MD 804 Belvedere Street Carlisle PA 17013 CC: D Michelle Davis Sincerely, Joel M Weinstein, MD Author Signature Dt/Tm: 10/15/2011 05:13 PM Professor of Ophthalmology and Pediatrics Penn State Milton S. Hershey Medical Center PO Box 850, MC HU19, Hershey, PA 17033 (717) 531-5690 JMW /BJC DD: 10/12/11 DT: 10/14/1107:27 This document has been electronically signed. Patient Name: FRY, DEVON M Patient Number: 1833024 Page 2 of 2 For information about our physicians and services, contact the MD Network. 1-500-133-4081 www.pennstatehershey.com C U M B E R L A N D & P E R R Y C O U N T I E S' Empowering and supporting individuals and their, families in the contmunity. Mr. Steven Fry GX-4964 PO Box 200 Camp Hill, PA. 17001-0200 Dear Mr. Fry, I am writing in response to your letter dated May 4th. Thank you for writing so we can maintain your input in Devon's services. I received word that Devon completed his gross motor goal and that physical therapy has been stopped as of April 25, 2011. Devon is age appropriate in his gross motor skills and continues to make appropriate progress so physical therapy is not needed anymore. You and Rebecca should be commended on how well Devon has been doing. I am having the therapist send you copies of the session notes from March 1, 2011 to the present. Please feel free to contact me if you have any other questions or concerns. Sincerely, Aoi 9. Kohler Early Intervention Service Coordinator 16 WEST HIGH STREET, CARLISLE, PENNSYLVANIA 17013-2963 - SUITE 301 Carlisle: 717.240.6320 - All Other Cumberland Areas: 888.697.0371 Ext. 6320 Perry County: 866.240.6320 0 Fax: 717.240.6415 0 E-Mail: MHMROCCPA.NET aw C U M B E R L A N D & P E R R Y C O U N T I E S' Empowering anti supporting individuals and their_14milies in the community. June 20, 2011 Mr. Steven Fry GX-4964 PO Box 200 Camp Hill, PA. 17001-0200 Dear Mr. Fry, I have sent the letter requesting information from Dr. Weinstein and am waiting to receive his recommendations. I learned from Trudy Ditzler that she had answered your questions but the letter was returned "letter refused". I also wanted to address your concerns regarding the nutritionist stopping services. The concerns that brought us into Devon's life originally have been addressed. Devon is growing and eating a variety of foods. I know at times he does not like fruit but it is being introduced through his diet by the way of smoothies. The concerns about his belly being distended and occasional vomiting needs to be addressed by the physician. At this time I have not heard from Dr. Hoffman that services should continue. Early Intervention Services are only provided as needed. I realize that you and Rebecca share custody but El services do not continue if not warranted. Devon has come a long way developmentally which should be celebrated that you and Rebecca are making a positive impact on his life. Devon's IFSP will be reviewed in July. Please let me know what concerns you have regarding his development so we can address the concerns at the review. Sincerely, Lois A. Kohler Early Intervention Service Coordinator 16 WEST HIGH STREET, CARLISLE, PENNSYLVANIA 17013-2963 • SUITE 301 Carlisle: 717.240.6320 • All Other Cumberland Areas: 888.697.0371 Ext. 6320 Perry County: 866.240.6320 • Fax: 717.240.6415 • E-Mail: MHMR _CCPA.NET to start planning but I must start the process). I am currently looking into a possible referral to Head Start in the future. I am enclosing a copy of the brochure for you to review. I have not finalized the Individualized Family Service Plan until you have reviewed the new information. I have changed your address and phone number in the plan. The phone number I have (grandmothers) for Rebecca is the one she is requesting I use. The aunt is mentioned as someone Rebecca could call if she needs assistance. You seem very interested in learning about child development and what Devon should be doing at his age. I am enclosing some resources for you to enjoy. I am also enclosing a copy of the IFSP in draft form. Sincerely, -, Lois A. Kohler Early Intervention Service Coordinator c/ Page 2 C U M B E R L A N D & P E R R Y C O U N T I E S' Mental Retardation Intervention Programs Empowering and supporting individuals and their families in the eommunity. Mr. Steven M. Fry GX-4964 PO BOX 200 Camp Hill, Pa. 17001 Dear Mr. Fry, I am responding to your letter dated June 21, 2011. Apparently our letters have crossed in the mail so I am enclosing a copy of my last correspondence. I am enclosing a copy of Devon's Individual Family Service Plan for you to review. I know his review needs to be held in July and if you would like participation please let me know if it can be arranged by conference call. I spoke to Diane Isham and she stated that she has sent you copies of Devon's session notes as you had requested. Her last day of service for Devon was April 20, 2011. Trudy Ditzler will be trying to send the answers to the questions you had asked. In my previous letter I explained that her last letter to you had been retuned. She is currently out of the office this week and will send out the information next week. Lauren June has not responded to your letter because I let her know I was writing to you and would address the issue. Lauren has not heard from Dr. Hoffman that nutrition services are warranted at this time for Devon. Trudy Ditzler, developmental therapist works for Keystone Children & Family Services, 3700 Vartan Way, Harrisburg, PA. 17110 and the phone number 717-541-9620. Diane Isham and Lauren June work at UCP Capital Area Children's Center 44 South 38`h St, Camp Hill Pa. 17011 with the phone number 717-975-0611. I am enclosing a copy of the letter and release to Dr. Weinstein at Hershey Medical Center. I have not received the information. In speaking to Rebecca she said that Devon's right eye is patched two times a day for one hour. She also stated that Devon will be getting a new pair of glasses. I just want to reiterate that when a child has met their outcome then services regarding that outcome are discontinued if there are no other concerns. Devon has made much progress in his gross motor and feeding skills. Both you and Rebecca have to be commended for including the recommendations of the Early Intervention Therapist into his every day routines. 16 WEST HIGH STREET, CARLISLE, PENNSYLVANIA 17013-2963 • SUITE 301 Carlisle: 717.240.6320 • All Other Cumberland Areas: 888.697.0371 Ext. 6320 Perry County: 866.240.6320 9 Fax: 717.240.6415 0 E-Mail: MHMRQCCPA.NET Sincerely, Lois A. Kohler Early Intervention Service Coordinator Page 2 ¦ MVW Haft . W84Kk t & 0*"WF nW DiWbftn Oct. 18, 2011 Mr. Steven Fry GX-4964 175 Progress Drive Waynesburg, Pa. 15370 Dear Mr. Fry, I want to apologize for the miscommunication regarding Devon's speech therapy consult. My letter dated July 25, 20111 wrote about reviewing Devon's communication in three months. I should have specifically written by a speech therapist. The concern regarding Devon's language at this time is that he is not using a lot of words spontaneously. Devon will imitate nicely but needs to start using more spontaneously. The speech consult was held on October 13`h by Kim Harris. Kim is feeling that he would benefit from receiving speech therapy. I want to apologize again for the miscommunication regarding the consultation. I will be giving Kim your address for her to send the results of her consult, session notes and progress monitoring. I know you want what is best for Devon and appreciate your time. Sincerely, Lois A. Kohler Early Intervention Service Coordinator rrr?.........i. /.` .,:rf?fr.,aie rt?.frr?rrr?/rr?r!%r j ??rrr/nrni. Iir,r nr i:rrrr rrrrirrut, %tf. Lf ? / 16 West High Street. Suite 301 . Carlisle, PA 17013-2963 . email: mhidd@ccpa.net . web: www.ccpa.net Carlisle: 717.240.6320 . all other areas of Cumberland: 888.697.0371 (6320) . Perry: 866.240.6320 . fax: 717.240.6415 22 Regency Woods Carlisle, PA 17015 October 31, 2011 Steven Fry Gk(- 4964 175 Progress Drive Waynesburg, PA 15370 Dear Mr. Fry, My name is Kim Harris. I am the speech therapist who was asked to provide the Speech Consult for Devon. I met with Devon, Becky and Trudy on 10/31/11. Please refer to the enclosed Request for Consultation sheet explaining: Section 1. The reason Trudy requested the consult. Section 2. The eight strategies I suggested that the team work on. I am also including my session note for that visit indicating that based on information shared with me by Becky and Trudy combined with my observations that day, Devon currently demonstrates all of the skills at the 18 month level and only 1 skill (i.e. imitates environmental sounds) at the 18-21 month level. The day that I assessed Devon's skills he was 28 months. The 10 month difference between the consistent skills he has and his actual age calculate to be a 36% expressive language delay. Examples of more than 19 skills he needs to be at his age-appropriate level include: using 2-word phrases frequently, using 50 different words spontaneously, using 3-word phrases occasionally and referring to himself by name. It was my impression that you had previously received a copy of the items explained above. I'm sorry if that was not the case. Perhaps you are aware that after completing the consult, I requested your mailing address so that I could share ongoing information with you. It was sent to me on 10/26/11 so that is why I'm writing to you today. It has been a pleasure getting to know Devon, Becky and the rest of the Early Intervention team. He is a delightful little boy with so much to say. I'm grateful for your interest in having up to date information and being part of the decision-making process. I believe that if given the opportunity to consistently work on the strategies I've suggested, we all will note much progress in Devon's ability to share his needs and wants with others. I would be grateful your support of my working with Devon. I look forward to returning to help him say more words, phrases, then even sentences clearly and spontaneously. Please feel free to ask questions and/or share any of your concerns or ideas. It would be easiest if you would send them to my attention at Devon's address which I've listed at the top of this letter. I hope you will feel comfortable with my working with your son on a weekly basis as recommended. I look forward to hearing from you, Thanks. Sincerely, t&111>1,??ILZc-3 Kim Harris ?, , r Cumberland-Perry Mental Health . Intellectual & Developmental Disabilities Dec. 2, 2011 Mr. Steven Fry GX-4964 175 Progress Drive Waynesburg, Pa. 15370 Dear Steven, ./?k?u?,?l fro ? /Z;,, .s ? ?- ?? ? r I G?,JSe,j7_ / 1;?-I tp l l I am writing to inform you that Devon's annual Evaluation Report and Individual family Service Plan is due in January. I am enclosing two forms for you to complete to be included in the Evaluation Report. Please complete and return in the self -addressed stamped envelope. Sincerely, Lois A. Kohler Early Intervention Service Coordinator 7 16 West High Street . Suite 301 . Carlisle, PA 17013-2963 . email: mhidd@ccpa.net . web: www.ccpa.net Carlisle: 717.240.6320 . all other areas of Cumberland: 888.697.0371 (6320) . Perry: 866.240.6320 . fax: 717.240.6415 y w co N O? A a 1 t0 O' V p p A W N Z y z y z ry Z c z 0 Z G Z c z y z y 0 O O O $ O O O O ? 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N go lD CD - a d 3 a `? m o /! f N j f D 3 CT y q O LA. N CL 7 (D ?• 0 CD c o. a- o f ? O N v d(A N aR?? 8 a 3 v m CL (D 0 04) : > > 0 L 7 Z N ID Pr = N O O c R sf'O 7 CD O Q m = 7 0) 0 M. a, m N co (D CD V) y (D ? x r cn a a o ocDOto N'a O Q ? , O $ o y a 0 d ppA y O a n = Qgy c 3 N ::r O 0 C y 3 g __ ? ` ' - g C CL 0 S cD fn O N :3 co 5 (D `< Q CD N . OQa 3 m m d 0) U) fn N N 7 - O a p ?D a 0 g y= ' o 1 O v o. o o m y O c v yam y. y CD O p i O y 3 a m' Vi CDi _ O coo ? ?• c Sf OS _ d o » 5 3 CD 5- fD o y K O EL < 2 CD 1 , n $ M 7 a D r C CO) 0 CD N 7 7 N O N (D A O 2: O fD ) 7 .r 0) a CD CD N v fl1 C ?' .. S 17 (D a 0) (D '= 0) `f (D O CL n c o > > < a N Q .? O (?D • a O N 3 J v . o y to o a v ? o v m 0 CL e m 5' n v O 3 O --4 'O 9 N N O 0 _ N O O v ? O - m w d 3 o =r ?i a coi, can N CD C: m ?K < M CO Dm z n Z cn v c? m? Im r p O (D O Iy CD / f STEVEN MICHAEL FRY, Respondent V. REBECCA MCKINLEY FRY, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA NO: 09-5962 CIVIL TERM IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing motion was served upon the following parties by Fist Class United States Postal Service: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 Date: January 20,2012 Steven Ichael Fry STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY COURT ORDER AND NOW, this 1. day of ft4vu , 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. In so far as the Custody Conciliator proceeded with the Custody Conciliation Conference in this matter, the father's Petition for a Continuance of the Conciliation Conference is DISMISSED. 2. The prior Orders of Custody in this case that include the December 29, 2009 Order, the June 20, 2011 Order and the August 11, 2011 Order shall remain in place subject to the following modifications: A. The mother may make all decisions with respect to healthcare issues for Devon Michael Fry, born June 9, 2009, and Jenna Foose, born October 30, 2011. Healthcare providers may continue to provide the father, Steven Michael Fry, with information concerning the minor children. However, decisions on medical treatment may be made solely by the mother, Rebecca McKinly Fry, and the healthcare providers may rely upon this Order in connection with those matters. B. Mother's requirement to send a letter to father in connection with providing father with information on the minor children is modified such that she only needs to write to the father one time per month. C. Father is restricted to writing to mother no more than two times per month with respect to inquiries on the minor children and father is again specifically advised that his letters shall NOT relate to any other matters except for custody issues. Any evidence in the future that father is sending letters addressing non-custodial issues will provide grounds for this Court to entertain a request that father's ability to contact the mother on the custodial issues be terminated. BY THE COURT, r -,-4 Kevin A/ ess, Judge / cc: ` Mr. Steven Michael Fry Jessica Holst Es uire , q ?a(?rt o C S HVIi? . IYZ t ?' ] I?/ ? MC`1 r _ C__ rQ C-D STEVEN MICHAEL FRY, Plaintiff VS. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. This case comes before the Conciliator after having a Conciliation in June of 2011 and in August of 2011. Father is still incarcerated. Father filed a Motion to Continue the Conciliation Conference and a request to have the Court appoint legal counsel for him. There is a multi-layer history in this case. Most pertinent for the proceedings at issue at this time is paragraph 3D of the June 20, 2011, Order which allows father to write letters to mother making inquiries with respect to the children, "but father's letters shall only be related to the child and custody issues and shall not relate to any other matters." Mother's attorney produced numerous letters at the Conciliation Conference which father had sent directly to mother and which father then started sending directly to mother's attorney (apparently, the prison issued a directive that father could not send anymore letters out to the mother, so father sent letters to mother's attorney and marked them "legal correspondence" which the prison then forwarded to Attorney Holst). The letters mother received from the father included the following: A. Comments critical of the mother in connection with her desire to proceed with the divorce from the father. B. Suggestions by the father that the mother "still loves him." and requests by the father that they make efforts at continuing their marriage. C. Suggestions that wife exaggerated in a Protection from Abuse action which included foul language in the letter. D. Husband asked wife "did you get fixed" in one of the letters. E. References to filing tax returns jointly as compared to filing separate returns. F. Criticisms of the mother with respect to her explanation on medical procedures involving the children. G. Comments concerning the mother's older child who is not the biological child of the father involved in these proceedings. H. Comments with respect to items of personal property father purchased while the parties were together. 1. Comments about a prospective divorce between the parties and comments about the mother's working situation. 2. The Conciliator observed many of these letters, and the letters are certainly very lengthy and rambling and, as indicated above, completely in violation of the directives issued to the father that these types of letters should only relate to custody issues. 3. The mother expresses concern because some healthcare providers have verbally advised her that the father is writing numerous letters to them which has become somewhat burdensome on the providers. Mother is concerned that some of these providers may decide to stop treating the children because of father's persistent contact with these providers. Mother also has concerns because father is voicing opinions to the providers from prison relative to what treatment should be provided to the children. . r 4. It is the Conciliator's view that the father's actions in violating the Custody Order are essentially also a violation of the Protection from Abuse Order issued in this matter. Typically, the PFA would restrict father from having any contact with the mother. Counsel for the mother suggests that the authorities are evaluating whether these recent actions by the father constituted a violation of the existing PFA Order. 5. It is the view of the Conciliator that the father is extremely over the top with respect to these communications and that the mother has in good faith to the best of her ability attempted to provide father with information. As noted in one of the prior Custody Conciliation reports in this case, the case of Etter v. Rose, 454 PA.Super.138(1996) notes that a presumption exists that visitation between an incarcerated parent and a minor child is not in the best interest of the child. It would follow from that presumption that an incarcerated father should not have the ability to constantly harass the mother with overwhelming correspondence and requests for information on the children. 6. The Conciliator recommends an Order in the form as attached. Date: January J , 2012 Hubert X. Gilroy, quire Custody Conciliat N d tom, u= eA cn STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLc'?API?k .7, v NO. 2009-5962 CIVIL ACTION - L rn x M . REBECCA MCKINLY FRY, rr--a N -°-E Defendant IN CUSTODY ANSWER TO MO TION FOR RECONSIDERATION AND NOW, comes Defendant, Rebecca McKinly Fry, by and through her undersigned attorney, Jessica Holst, Esquire, of MidPenn Legal Services, answers Plaintiff's Motion for Reconsideration in this case as follows: 1. Admitted. 2. Admitted in part. Although the Conciliator proceeded with the Custody Conciliation Conference, Plaintiff's Motion for Continuance was ultimately dismissed by Court Order dated February 1, 2012, by The Honorable Kevin A. Hess, President Judge. 3. Admitted in part. Defendant admits that the Conciliator proceeded with the scheduled custody conference despite Plaintiff's Motion for Continuance. However, Defendant has no knowledge or information to form a belief as to whether or not the Conciliator's summary report was based solely off of Defendant's statements. 4. Admitted in part. Defendant admits that she expressed concern that the children's healthcare providers had verbally advised Defendant that Plaintiff's numerous letters had become burdensome on the providers and that Plaintiff was voicing opinions to the providers as to what treatment should be provided to the children. Defendant further admits that the Conciliator recommended, and The Honorable Kevin A. Hess, President Judge, directed by Court Order dated February 1, 2012, that Defendant may, in her sole discretion, make all healthcare decisions for the minor children. Defendant specifically denies that Defendant did not assert at the conciliation the need to make immediate medical decisions for the children, as paragraph 3 of the Conciliation Conference Summary Report was intended to address this concern. All further statements are denied. Defendant has no knowledge or information to form a belief as to the truth of such arguments and opinions. 5. Admitted in part. Defendant admits that paragraph 9(b) of the Petition for Modification states that Plaintiff continues to question the paternity of the newborn child, Jenna Foose, born October 30, 2011, and, because of this contradictory stance, Plaintiff should not be entitled to information concerning a child he alleges may not be his. It is further admitted that Plaintiff has commenced a paternity complaint regarding the newborn. It is also admitted that Defendant petitioned the court to remove the custody provision from the Protection from Abuse Order so that all issues concerning custody would be determined by one judge. All further statements are denied, as the newborn has been incorporated into this action by The Honorable Kevin A. Hess, President Judge, by Order of Court dated February 1, 2012. 6. Admitted in part. Defendant admits that her Petition for Modification requested that Defendant be required to write to Plaintiff twice a month, by the 15th and 30th of each month. Defendant also admits that the Conciliator recommended, and the Honorable Kevin A. Hess, President Judge, ordered, that Defendant be required to write to Plaintiff one time per month. All further statements are denied, as Defendant has no knowledge or information to form a belief as to the truth of such arguments and opinions. 7. Admitted in part. Defendant admits that a cease contact request was put in place with prison officials. Defendant's counsel has taken the appropriate steps to have the cease contact request discontinued. All other statements are denied, as Defendant has no knowledge or information to form a belief as to the truth of such arguments and opinions 8. Admitted in part. Defendant admits that counsel stated in a November 23, 2011 letter that Defendant is not a medical professional and that Plaintiff would have to seek more specific medical explanations from the doctor. All other statements are denied. Plaintiff states legal conclusions that require no response and Defendant has no knowledge or information to form a belief as to the truth of such arguments and opinions. 9. Paragraph contains a statement that requires no response. 10. Paragraph asserts a request for relief that requires no response. 11. Denied. 12. Admitted in part. Defendant does state that she wants what is in the best interests of the children. All other assertions are denied, as Defendant has no knowledge or information to form a belief as to the truth of such statements. WHEREFORE, Defendant requests that Plaintiff s Motion for Reconsideration be denied. Respectfully Submitted, 3essINIM Holst, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLY FRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-5962 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Steven Michael Fry, with an Answer to Motion for Reconsideration by certified mail, return receipt, restricted delivery, to the person and address below: Steven Michael Fry GX-4964 175 Progress Drive Waynesburg, PA 15370 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 unworn falsification to authorities. Date: - r??.• \ ?, Signature: _ STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLEY FRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -°m rn -v : NO: 09-5962 CIVIL N C IN RE: CUSTODY {'Q _ MOTION FOR MODIFICATION _i N AND NOW, comes, Steven Michael Fry, Pro Se, and files the following MOTION FOR MODIFICATION and in support thereof avers the following: 1. The Plaintiff (Hereinafter refered to as "Father") and the Defendant (Hereinafter refered to as "Mother") have a multi-layer of exsisting custody orders concerning the parties minor child namely, Devon Michael Fry (Hereinafter refered to as "Child"), said orders are dated December 29, 2009, June 20, 2011, August 11, 2011, and the most recent order dated Febuary 1, 2012. 2. The recent order dated Febuary 1, 2012, states that the Mother shall send the Father a letter once per month with informa- tion concerning the Child. The order does not specify a particular date during the month which letters are to be received by. The Father wishes for such to be confirmed and placed in the order. 3. Each order established states that the prior order(s) "shall remain in place". Each order(s) states that the Mother will provide the Father with information concerning the Child. The order(s) do not state the specific information which the Mother is to provide such as but not limited to treatment planning dates, doctor appoint- ment dates and the out-come of such. The Father wishes to confirm such and have such placed in the parties order. 4. The order(s) do not specify that in the event that the Child becomes seriously ill, injuried or is hospitalized if the Mother is required to provide the Father with that information and if so the time limit which the Mother has to do so. The Father wishes to con- firm such and have such placed in the order. 5. The most recent order dated Febuary 1, 2012,allows the Mother to make sole medical decisions affecting the Child. The order does not specify if the Mother is required to tell the Father of the medical decisions which she makes concerning the Child. The Father wishes to confirm such and have such placed in the order. 6. It would appear from the order(s) that the Father may parti- cipate in future evaluations which the Child may have. The Father wishes to confirm such and have such placed in the order. 7. Do to the complex questions of law and/or facts and the parties past lengthly history the Father wishes for this modification to be heard by a Judge and not the conciliator pursuant to P.A. R.C.P. 1915.4-1 (b)(1)(2). 8. The Father wishes to provide his testimony by Electronic Means pursuant to P.A. R.C.P. 1930.3, for the Father is incarcerated. 9. The Father's request for modification is an attempt to ad- dress his concerns and/or questions in hops of having no further disputes regarding the above at captioned matter. 10. Shall this court find it deemed just and proper the Father is welling to negotiate these terms with the Mother's counsel as a alternative to a Pre Hearing Custody Conference. 11. I verify that the foregoing motion is true and correct to the best of my knowledge and or beleif and that false statements made within are subject to the pentalties under 18 P.A. C.S. 4904, false statements made to authorities. Date: Febuary 27, 2012 Respectfully Submitted, Steven Michael Fry STEVEN MICHAEL FRY, Plainitff V. REBECCA MCKINLEY FRY, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-5962 CIVIL TERM IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing motion was served by First Class United States Postal Service to the following parties: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 DATE: Febuary 27, 2012 Steven Michael Fry STEVEN MICHAEL FRY, : CUMBERLAND IN THE COURT OF COUNTY, COMMON PLEA OF REBECCA MCKINLEY FRY, Defendant Plainitff MW :3C M;= C) PLAINTIFF'S RESPONSE TO DEFENDANT'S ANSWER TO MOTION FOR RECONSIDERATION V. AND NOW, comes, Steven Michael Fry, Pro Se, and files the following RESPONSE TO DEFENDANT'S ANSWER TO MOTION FOR RECONSIDERATION and in support thereof avers the following: 1. Defendant admits to said paragraph. 2. Defendant admits to said paragraph in part. Although the order is signed Kevin A. Hess, Judge, it would appear from the signing Judge Hess himself is not the party who reviewed the con- ciliator's summary report and recommendation making such an order, that a party authorized to do so reviewed the conciliator's summary report and recommendation for the order is signed /s/ Kevin A. Hess, Judge, should Judge Hess himself have reviewed the conciliator's summary report and recommendation the order would have likely been signed by Judge Hess personally. 3. Defendant admits to said paragraph in part. Defendant states to have no knowledge or information as to wheather or not the con- ciliator's summary report and recommendation was based solely off of the Defendant's statements. Defendant admits in paragraph four of her answer of expressing concerns to the conciliator concerning alleged verbal remarks made by Healthcare Providers. This court denied the Plaintiff the right to be heard at said conciliatation conference, the conciliator could have only based his recommendation off of the Defendant's statements/concerns for the Defendant was the only party at the conciliatation conference who is involved in this action. P$ ?1N 3?LV ?i1IA C NO: 09-5962 CIVIL TB N Y; ' Ica : IN RE: CUSTODY ? _? 4. Defendant admits to said paragraph in part. Defendant speci- fically denies that Defendant did not assert at the conciliatation conference the need to make immediate medical decisions for the children. Defendant's Petiton for Modification at paragraph D and E states Defendant's request to make immediate medical decisions. It would appear for the conciliator to make such a recommendation the Defendant would have had to assert her position to the conciliator. 5. Defendant admits to said paragraph in part. Defendant states that Judge Hess incorporated the newborn into this action. Before Judge Hess could have done such the Defendant would have had to raise this matter before the conciliator in order for the conciliator to be made aware and/or to place such into his conciliatation summary re- poer and recommendation. The Defendant's Petition for Modification did not request that the newborn be incorporated into this action nor did the Plaintiff agree to such. No modification to an exsisting order can be made without the proper filing. Defendant denies all further statements made by Plainitff including but not limited to providing the Plaintiff medical information concerning the newborn and pictures of the newborn. Defendant's counsel can not and did not produce a single letter from Defendant to Plainitff during the time period of the newbaby's birth to the conciliatation conference where Defendant provided such information or pictures of the new- born. Plainitff has letter he had written to Defendant's counsel as recent as Febuary 22, 2012, and Febuary 24, 2012, requesting counsel to assist Plaintiff in receiving such. 6. Defendant admits to said paragraph in part. Defendant denies further statements by Plainitff including but not limited to the parties have share legal custody of the minor child, namely, Devon Michael Fry and that Plainitff may participate in treatment planning of the child. All order previously established concerning this action state that previous orders shall remain in place. No order entered states that Plaintiff no longer has shared legal custody or may not participate in the child's treatment planning. The Febuary 1, 2012, order only states that the Defendant has the discretion to make such decisions. 7. Defendant admits to said paragraph in part. Defendant's counsel states to have taken the appropriate steps to have the cease communacation discontinued. Prison officals have indicated to Plain- tiff that the cease communacation has not been discontinued. 8. Defendant admits to said paragraph in part. Defendant denies further statements made by Plaintiff to include but not limited to having to provide Plainitff information and pertinent documents con- cerning the child. The order dated June 20, 2011, states that De- fendant is to provide such to Plainitff. No modification has been made concerning this matter. 9. Paragraph contains a statement that requires no response. 10. Paragraph asserts a request for relief that requires no response. 11. Defendant denies that it's in the best interest of the child to allow the Plaintiff and child to begin to establish a parent/ child relation. The child acknowledged and knew Plaintiff as his "Daddy" prior to Plainitff's incarceration. 12. Defendant admits to said paragraph in part. Defendant denies stating that she wants what is in the best interest of the child. Defendant's Petition for Modification at paragraph D and E states that her request for sole legal custody is in the best interest of the child (and/or Devon). Defendant further denies Plainitff's state ment that Defendant does not assist the child in r_ommunacating with Plainitff. Plainitff's exhibit fifteen of his Motion for Reconsidera- tion contradicts Defendant's denial. This documentation provided by Plainitff comes from a county agency stating Defendant does not assist the child in communacation with the Plaintiff. WHEREFORE, Plainitff respectfully request this Honorable Court to grant his Motion for Reconsideration. Respectfully Submitted, Steven Michael Fry STEVEN MICHAEL FRY, Plainitff V. REBECCA MCKINLEY FRY, Defendant. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO: 09-5962 CIVIL TERM :IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing response was served by First Class United States Postal Service to the following parties: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 I verify that the statements made within are true and correct to the best of my knowledge and belief and that false statements made within are subject to penalties under 18 Pa. C.S. § 4904, false statement to authorities. Date: Febuary 29, 2012 Steven Michael Fry STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plainitff CUMBERLAND COUNTY, PENNSYLVANIA V. . : NO: 09-5962 CIVIL TE@ REBECCA MCKINLEY FRY,rn =c7 Defendant IN RE: CUSTODY cn? N ;zj rte- -' c-) fir, -71 MOTION FOR ALLOWANCE OF APPEAL = C) - AC` --i r: AND NOW, comes Steven Michael Fry, Pro Se, and his the following MOTION FOR ALLOWANCE OF APPEAL and in support thereof avers the following: 1. On or around January 11, 2012, the Defendant filed a Petition for Modification in the above at captioned matter. 2. On or around January 27, 2012, a Pre Hearing Custody Conference was held in which this said court deprieved the Plaintiff the right to be present and/or the right to be heard at said hearing, as a result of said hearing an order was entered dated Febuary 1, 2012. 3. On or around Febuary 8, 2012, the Plaintiff filed a Motion for Reconsideration against the order dated Febuary 1,2012, to date, this said court has yet to issue a ruling to the motion. 4. The Plaintiff who has limited law knowledge and/or the ability to properly access law material believes it appears upon research of Civil Family Law that a Motion for Reconsideration does not stay a Notice of Appeal and that the Plaintiff should have file a Notice of Appeal along with the Motion for Recon- sideration. r 5. I verify that the foregoing motion is true and correct to the best of my ability and/or belief and that false statements made within are subject to pentalty under 18 C.S P.A 4904 relating to false statements to authorities. WHEREFORE, the Plaintiff respectfully request this Honor- able court to grant his Motion for Allowance of Appeal. Respectfully Submitted, Date: March 19, 2012 Steven Michael Fry STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLEY FRY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09-5962 CIVIL TERM IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing motion was served to the parties listed below per First Class United States Postal Service: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther St. Carlisle, Pa 17013 Date: March 19, 2012 eill-y? Steven Michael Fry STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 09-5962 CIVIL REBECCA MCKINLY FRY, Defendant ORDER AND NOW, this 2 3 ~ day of March, 2012, consistent with paragraph 5 of our order of August 11, 2011, the recent filings in this case are referred to the conciliator. BY THE COURT, Steven M. Fry GX-4964 175 Progress Drive Waynesburg, PA 15370 3?a3J„„ ?.,^1 U F? Jessica Holst, Esquire For the Defendant ?Hubert X. Gilroy, Esquire -in bin Conciliator ;Ertl •C? P, c zc- c: N N W 10r Am STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 09-5962 CIVIL TERM REBECCA MCKINLEY FRY, Defendant IN RE: CUSTODY ORDER OF COURT AND NOW, this 2 6 " day of ^4 te GH , 2012, upon consideration of the Plaintiff's attached Motion for Allowance of Appeal said motion is Hereby 6PcANTED. r+kE-D BY THE COURT; jX., n A. Hess /J CC:/Steven Michael Fry VAttorney Holst, for the Defendant Attorney Gilroy, Conciliator FTI .;:n :-;?o -V Crp;e5 ma .(r?d = r., y 77 - n STEVEN MICHAEL FRY, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-5962 CIVIL TERM REBECCA MCKINLEY FRY, ,,l `'Ge, Defendant IN RE: CUSTODY F ?C? - d/? 4e pfambxt, ?117 rg MOTION FOR RECONSIDERATION-AMENDMENT a ?erLa? eAin Cam` peKr5,j1u AND NOW, comes, Steven Michael Fry, Pro Se and files the following MOTION FOR RECONSIDERATION-AMENDMENT and in support thereof avers the following: 1. The Father on or around Febuary 8, 2012, filed a Motion for Reconsideration to this Court's order dated Febuary 1, 2012, in the above at captioned matter. 2. The Father incorporates paragraphs 1-12 of his motion dated Febuary 8, 2012, in their entirety into this amendment. 3. The Father wishes to amend paragraph 4 of his motion dated Febuary 8, 2012, said paragraph shall remain in place subject to the adding of the following paragraph's, said paragraph's are as following and shall read: Pursuant to Cumberland County Rules of Civil Procedure Rule 1915.3-7, said rule reads in pertinent part; "At the conclusion of the Conference where the case remains contested the Conciliator shall prepare a Conference Summary Report. This report shall con- tains FACTS gathered by the Conciliator during the conference. The Conciliator Summary Report dated January 30, 2012, at paragraph 3 reads in pertinent part; "The Mother expresses concerns because some Healthcare Providers have verbally advised her that the Father is writing numerous letters to them which have become somewhat burdensome on the provider." w e The word "fact" is defined in Websters Dictionary as the following: " 1. Things known to exsist or to be true. 2. Truth/ reality." Black's Law Dictionary defines the word "fact" as the following: " an actual occurence, an actual happening that which has taken place; the quality of being actual, actual exsistence or occurence." Black's Law Dictionary further defines the word "fact" (Evidence) as the following: " an actual or absolute happening; "fact" means reality of events or things, the actual occurence or exsistence of which is to be determined by evidence." The conciliator states in his report that the allegations regarding Healthcare Providers remarks where verbally stated by the Mother to the conciliator. The conciliator does not state that the Mother provided any facts or documentation from any Healthcare Provider that indicate that the remarks alleged by the Mother exsisted and/or are the truth. Verbal statements made by the Mother do not constitute that statement to be a fact. These remarks are no more then the Mother's opinion and/or concerns. The Mother provided the conciliator with no facts, truth that such statement where made from any Healthcare Provider as alleged by the Mother, nor does the conciliator report have any supporting facts relating to the Mother's verbal statements concern- ing Healthcare Providers remarks. The Father attached as exhibits 2-13 to his Motion for Re- consideration documentation and/or facts and/or truth that Health- care Providers have requested the Father's input, suggestions, concerns, questions and have advised the Father to feel free to contact the Provider. i The conciliator had no evidence provided by the Mother that any Healthcare Provider had made any such remarks to the Mother to support the finding made by the conciliator. It is the Father's position and/or view that the concilia- tor in this matter has been prejudice towards the Father showing a forejudgement, bias, partiality and pre-conceived opinions. The conciliator has leaned towards the Mother's side for reasons other then prescribed by justice. The conciliator refuses to allow the Father to attend and/or be present at any conference and/or the right to be heard despite this court issueing an order dated September 2, 2011, which reads in pertinent part; " The Father's request to participate by telephone will be noted by the Master." for no justifiable reason the conciliator continues to go forth with conference's and never allowing the Father to state and/or show his position. The conciliator continues to base this entire action and his decisions/recommendation solely off of the Mother's side and/or position, 4. I verify that the foregoing motion is true and correct to the best of my knowledge and or belief and that false statements made within are subject to the penalities under 18 Pa. C.S. B 4904, relating to false statements made to authorities. WHEREFORE. The Father respectfully request this Honorable Court to add the foregoing to paragraph 4 of his Motion for Re- consideration dated Febuary 8, 2012. Respectfully, Date: April 2, 2012 Steven Michael Fry STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLEY FRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-5962 CIVIL TERM IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing motion was served by First Class United States Postal Service to the following listed parties: Date: April 2, 2012 Mid Penn Legal Services Attorney Jessica Holst 401 E. Loather Street Carlisle, Pa 17013 Steven ichael Fry Steven Michael Fry GX-4964 175 Progress Drive Waynesburg, Pa 15370 April 2, 2012 Cumberland County Courthouse Prothonatary office 1 Courthouse Square Carlisle, Pa 17013 RE: 09-5962 Civil Term Fry V. Fry Dear Prothonatary: Enclosed please find a Motion for Reconsideration-Amendment to be filed in the above at captioned matter. Be advised per an order dated March 23, 2012, the recent filings in this matter have been referred to the conciliator and it would appear that this filing should be referred to the conciliator as well. I Thank You in advance for your time. Respectfully, Steven Michael Fry CC: File COULD YOU PLEASE FORWARD THE CONCILIATOR SUMMARY REPORTS FOR THE ORDERS DATED AUGUST 11, 2011 AND JUNE 20, 2011. STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW REBECCA MCKINLY FRY, NO. 2009-5962 -- fi Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess COURT ORDER AND NOW, this 20 ' day of Mvy, 2012, upon consideration of the attacw Q tody Conciliation Report, it is ordered and directed as follows: 1. All prior Custody Orders entered in this case are vacated. 2. The mother, Rebecca McKinly Fry, and the father, Steven Michael Fry, shall enjoy shared legal custody of Devon M. Fry, born June 9, 2009. 3. The mother shall enjoy primary physical custody of the minor child. 4. In light of the fact that father is incarcerated at this time, the Court makes no determination on any periods of partial custody for the father. However, the following shall apply relative to the father's ability to obtain information concerning the minor child: A. The mother is hereby authorized to unilaterally make all emergency medical decisions concerning the minor child. B. The mother shall involve the father in decisions concerning non-emergency medical issues for the minor child. C. The mother shall send a letter to the father two (2) times per month as close to the first (1 S`) and fifteenth (15`t') of each month as practicable. These letters shall include information on recent medical treatment, school issues, and related information that has not already been communicated to the father. These letters shall also include any information that the mother has on future medical, school, or related events pertaining to the child. Additionally, in the event that mother has received any written information from a health care provider or school official concerning the minor child, copies of that information shall be submitted to the father in a timely fashion with these letters. D. Father is specifically authorized to communicate with the mother via correspondence which communications are strictly limited to issues relating to custody of the minor child and the health, education and welfare of the minor child. These communications shall not be deemed to be a violation of the existing Protection from Abuse Order entered against father in favor of mother, subject, however, to the limitations that the communications shall be solely related to the custodial issues as outlined herein. E. Father shall also have the ability to send letters to the minor child which, in light of the child's inability to read, the mother shall read to the minor child. Additionally, any photos father sends shall be provided to the minor child. F. Mother shall send the father a current photograph of the minor child every four (4) months. G. Mother shall contact the Social Security Administration and sign the necessary documentation to authorize the Social Security Administration to share information they have pertaining to the minor child with the father. 5. The parents have shared legal custody, which traditionally authorizes healthcare providers and educational institutions the ability to share information concerning the minor child with both parents, it is noted that some medical providers or institutions may determine that they would prefer to deal with only one of the parents. In light of that contingency, mother is directed to insure that any documentation that she gets from a healthcare provider or an educational institution provided to her shall be copied and delivered to the father in a timely fashion with one of the letters outlined above. This provision is to address those circumstances were a healthcare provider or educational institution, either because of the history in this case or a policy otherwise adopted by those facilities, determined that their procedures will be to provide information only to one parent in this type of situation. 6. It is noted that the father will be eligible for parole at some point in the future, and this Court will entertain an appropriate motion by the father at that time to modify this Order as necessary. cc: ?Mr. Steven Michael Fry ? Jessica Holst, Esquire n Maj I60( (•-oP? o j, a ax8 -q^= W C -'! C BY THE COURT, STEVEN MICHAEL FRY, Plaintiff VS. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. A Custody Conciliation was held in this case on May 10, 2012. Present were the mother, Rebecca McKinly Fry, and her counsel, Jessica Holst. The father was present via telephone as the father is incarcerated at SCI Greene. 2. There have been numerous filings in this case over the past few years, and the Court and the Custody Conciliator are well aware of the father's suggested frustration with the entire situation. Addressed at the Conciliation Conference were a number of concerns the father has which, surprisingly, are able to be addressed with an Order. There are also some concerns that medical providers have stated that they will only provide information to the mother in writing and they would expect the mother to forward that information onto the father. Other medical providers are apparently communicating directly with the father and providing information on the child's health. 3. The Conciliator believes that we need to get rid of all prior Orders and create a new Order that will address a number of the concerns the father has and, hopefully, create a situation that will result in eliminating the barrage of pleadings father has filed over the past six months or so. 4. The Conciliator recommends an Order in the form as attached. Date?.3 _ &-, 2012 /YV Hu ert X. Gilroy, E: UN E Custody Conciliator r N Cl- co .-4 ce?-+ STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. -,+ : NO: 09-5962 CIVIL X. C -V_ REBECCA MCKINLEY FRY, w - Defendant : IN RE: CUSTODY PETITION FOR MODIFICATION x AND NOW, comes, Steven Michael Fry, Pro Se, and files the following PETITION FOR MODIFICATION and in support thereof avers the following: 1. The above at captioned parties, Steven Michael Fry (Here- inafter referred to as "Father") and Rebecca Mckinley Fry (Here- inafter referred to as "Mother") are the natural parents of Jenna Lee Foose (Hereinafter referred to as "Baby"). 2. Father and Mother have an exsisting order of court, dated, June 20, 2012, relating to the parties oldest minor child which Mother has primary physical custody and the parties have shared legal cusody. 3. At the time which the exsisting order of court was estab- lished, Father had a pending Paternity Complaint filed relating to the paternity of the Baby, since then, paternity has been estab- lished and those results indicate Father is the biological father of the Baby and attached as Exhibit "A" is a copy of the paternity results. 4. Father desires to establish a child/father relationship with the Baby and has attempted to do so by sending the Baby let- ters and cards and making inquires to Mother as to how the Baby is doing, however, Mother's counsel has advised Father to refrain from such for the Baby is not included in the parties exsisting order of court, nor has the Mother provided Father with any infor- mation relating to the Baby. 5. Father desires that a provision be added to the parties exsisting order of court which incorporates the Baby into the a- bove at captioned matter and that all terms of the exsisting or- der of court, dated June 20, 2012, now, also apply to the Baby. 6. Father desires that a provision be added to the parties exsisting order of court relating to Mother's requirement to con- tact Father under emergency situations relating to the children. 7. Father desires that a provision be added to the parties exsisting order of court relating to a No-Conflict Zone. 8. Father desires that a provision be added to the parties exsisting order of court relating to Father's period of partial custody-visitation with the children. Father who is currently incarcerated anticipates release in or around October, 2012, and wishes to have prior arrangements made relating to this matter. 9. Father who is currently incarcerated will be unable to physically attend a Pre Hearing Custody Conference relating to this filing. Father respectfully request to be heard by telephone to ensure no violation to his Due Process Rights and attached is an Administration Order. WHEREFORE, Father respectfully request this Honorable court to schedule a Pre Hearing Custody Conference in the above at cap- tioned matter. PETITION FOR NAME CHANGE OF MINOR CHILD 10. Father incorporated paragraph's 1-9 above in their entirety. 11. Father is the biological Father of Jenna Lee Foose, a (10) ten month old minor child who was born on October 30, 2011. 12. Father desires to change his child's name from Jenna Lee Foose to Jenna Lee Fry. 13. Father's desire's for this name change are as follows: a. Father and Mother are legally married and no divorce complaint has been filed by either party, both parties have the Father's surname and despite seperation Mother continues to use Father's surname. b. Should sometime in the future Mother marry another man and take his surname rather is concerned this may cause emo- tional strain and cinfussion on the child by having a different surname. c. Mother has not petition for legal custody of the child and has retained Father's surname. Pursuant to 28 Pa. Code § 1.7 (b); if the parents are divorced or seperated at the time of the child's birth, the choice of the surname rest on the parent who has custody of the newborn child. The Pennsylvania Superior Court contemplates "custody" as "legal custody of the child" Father has petition for legal custody of the child. d. The child will reach school age and the Father desires to protect the child from psychological and emotional confussion which may result from the child and parents having different sur- names. e. Father is concern about the possible stigma and that the child may be considered illegitimate within the community. f. Mother named the child differently in retribution and anomosity towards the Father the child now faces approbation in the community as a child born out of wedlock for child bores the Mother's maiden name. g. Mother admitted during the parties paternity hearing to the Support Master that she only provided the child with her maiden name do to Father questioning paternity of the child only after learning of the Mother's adultry acts which Mother also ad- mitted to doing to the Support Master during the parties paternity hearing. h.The household which the child resides in holds a bio- logical brother who was born of the marriage and who holds the Father's surname. Father is concerned that by the child having a different surname other then Father's, Mothers and the biological brother that this will cause emotional strain on the child when the child becomes of age to understand. i. Father has immediate family members within the com- munity who holds Father's surname this providing the child with amts, uncles, cousins, etc, who will hold the same surname as the child providing a more secure, loving enviorment. Mother, to the best of Father's knowledge, has no immediate family members who hold Mother's maiden name as a surname. The paternal grandmother, anuts, uncles, etc, hold a different surname other the Mother's maiden name. 14. Mother made no attempt to consult with Father before pro- viding child with Mother's maiden name. Father made numerous at- tempts to inform Mother of his desire for the child to hold his surname prior to the child's birth. 15. Mother has made no attempt to inform the Father of the child's well-being despite Father attempt to learn by Mother and thru Mother's counsel. Mother has interfered in the development of a child/father relationship do to anomosity which Mother has against Father for questioning paternity after learning of Mother's adultry acts. 16. Father r ment for offical in the Father or this petition is ments or decrees nor child. =quest this Honorable Court to waive the require- searches of the proper offices of the county where child resides on the grounds that the subject of a minor child and avers that there are no judge- of record or any other character against the mi- WHEREFORE, Father respectfully request this Honorable Court to fix a hearting date on the above matter and to change the minor child's name from Jenna Lee Foose to Jenna Lee Fry. PETITION TO AMEND BIRTH CERTIFICATE OF MINOR CHILD 17. Father incorporates paragraph's 1-16 above in their en- tirety. 18. Do to Mother's anomosity towards Father, Mother did not list Father on the child's birth certificate. 19. Father desires that his name be placed on the child's birth certificate for the child was born in wedlock. WHEREFORE, Father respectfully request this Honorable Court to amend child's birth certificate to include Father's name as the child's biological father. Respectfully Submitted. Date: August 20, 2012 Steven Michael Fry, Pro Se Y DNA, Test DINIA Diagnostics Center Report 592111361 Cumberland County Domestic Relations IAA 01087S2009 DDC is accreditedicertified by AABB, CAP, ACL,ASS-Internationaj, ISO/IEC 17025, CLIA. NYSD01l & ASCLDiLAB-international. Case 1210047 Name Race Date Collected Test No. MOTHER i Rebecca Fry Caucasian 7/24/2012 1210047-10 CHILD Jenna Foose 7/24/2012 1210047-20 Alleged FATHER Steven Fry Caucasian 813/2012 1210047-30 Locus PI Allele Sizes Allele Sizes Allele Sizes WS 1358 1.88 is 17 15 15 16 TH01 1.12 9 9.3 9 9.3 6 9.3 D21 S 11 2.02 29 32.2 29 30 29 30 D18S51 4.38 13 14 14 17 13 17 Penta E 4.28 12 14 13 14 13 15 D5S818 1.35 11 12 11 11 12 D 13S317 1.78 8 8 12 12 13 D7S820 2.41 11 11 10 11 D 165539 3.39 11 11 12 12 CSF1P0 0.80 11 12 11 12 10 12 Penta D 29.58 10 12 10 15 13 15 vWA 4,76 17 14 17 14 16 DBS1179 5.64 11 13 10 13 10 11 TPOX 0.93 8 10 8 8 11 FGA 2.77 21 24 21 22 22 23 D19S433 12.51 13 14 13 15.2 14 15.2 D2S1338 12.50 22 25 16 25 16 17 Arnelogenin X X X Y Interpretation: RN: 531547 Combined Paternity Index: 400,648,966 Probability of Paternity: 99.9999997% The alleged father is not excluded as the biological father of the tested child. Based on testing, results obtained front analyses of the DI NA loci listed, the probability of paternity i4999999997%. This probability of paternity is calculated by comparing to v1 untested, unrelated. random individual of the Caucasian population (assumes prior probability equals f1.50). Subscribed and sworn, i ) Wto ji August 10, 2012 1,1lie undersigned Latmratory Director, verify that the ,,P L s;•, interpretation of the results is correct as reported on 8;10/2012. ` Z Ir.d+vard Harris \oarn Pwblic, Sl ifa;a s? M \ \ 1 tic act L. Baird, Ph.D. Thomas M. Reid. Ph.D. qty Cununission t xjft", 1 .2013 wqkl,1 4 1 a1 Scarpctta, Ph.D. Richard Chmelo, Ph.D. T ciaD. Fryer Ph.D. Jahn W. Peterson, Ph.D. Mehra L. Davis, Ph.D. IEX41,ii `tA if ??n"- L;D? W'.) Y, f-(I irfial?j, ??r1 .?Ui=1 J.:i .r 1 l 6`i1 Ji3t?0 DNA ,-nt::r ?r, STEVEN MICHAEL FRY( Plaintiff V. REBECCA MCKINLEY FRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-5962 CIVIL TERM IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing petition was served by First Class United States Postal Service to the follow parties: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 Date: August 20, 2012 ;?W? Steven Michael Fry, Pro Se STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAWA . ;.; - " =M C ) V. ter- • 2009-5962 CIVIL ACTION LAW -<?_A -_ c -n ,n?,?-; REBECCA MCKINLEY FRY c> IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, October 15, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy,_Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 14, 2012 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy. Esq lt? 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. o Tess Cumberland County Bar Association 0 P / be 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 'lid ?r_ 0-7/ 'If ??Ps /'y)arfP? /v//s'112 'F- /- ~~ ~.~ S"hl:'VEN i~IIC'IIAEL FRY, Plair,,tii-f 1'~. REBI~:CCA MCKINLY FRY, Defendant Prior .ludge.~ The Honorable Kevin A_. Hess IN THE COURT C)l~ COMMON PLI=~,AS OF CUMBERLAND COUNTY, Pf:NNS~'L'VANIA CIVIL. ACTION - I,AW NO. 2009-5962 IN CUSTODY COURT ORDER AN I ~ N OW, this 23`~ day of October, 2012, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of Tune 20, 2012, is modified such that the minor child Jcnna Lee Foose, bons October 30, 201 1, is hereby incorporated into said custody Order and all the terms of the custody Order shall apply to the rr~.inor child .Ienna the same way they apply to the minor Devon M. Frv, born June 9, 2009. 3. "I~he Custody Conciliation Conference schedtiled for ~Uednesday NovemL~cr 14, 2012, at 9:30 a.m. is cancelled in light of the fact that the ~~'onciliator belie~cs the father's requests are addressed- by the entry of this Order. BY "hHE LOUR"~, ~~" ~ / Kevin ~~Iess, Judge c-~ ~ "' ~ ~' cc: / Mr. Steven Michael Fry -ate ^' ~~-r~ / Jessica I~olst. Esquire zf'' e~ s~~~: ~ ~" ~ ~ c_, ; c ~l~ i ~~ ~ c~ --+~ ~ -r, ~ s ,~.~, o/a3 i p~ ~ o-~+ / ce Z~ ~- ~- ~ to S"I~1 VF,'.~; !MICHAEL FRY, Plaintiff < <;. RF:I3TCCA MCKINLY FRY, 1)et~:ndant Prior Judge: "I~he f-Ionorable Kevin ~~. Hess IN "1'HE COURT' OF COMMO>v~ ~'I,I~,AS OF CUMBERLAND COUN"hY. PI'\NSY"I,VANIA CNIL AC"LION -LAW NO. 2409-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPOR"I~ IN ACCORDANCE WITf-I THE CUMBERLAND COUNTY I;L'I.F: OF CIVIL, PROC];DL_?RF 1915.3-8(b), the undersigned Custody Conciliator submits the I~oli~,~~~ing report: I Mr. hry has again requested a modification of the Order whereh~ he desires the younger child, Jenna Foose, to be added into the prior Order. i >1e Conciliator received that request ~~ia a letter sent to Judge Hess. "I'he Conciliator for~~~arded it to the mother's counsel and mother's counsel indicated they had no oi~jertion. 2. The Conciliator recommends an Order in the form as attached. J ~, Date: October _ ;" {o , 2412 _~'C? ~'G~ Ilubert X. Gilroy, Esquire Custody conciliator 3I'EVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF ' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA w V . ~ ~~ _, NO: 09-5962 CIVIL TF~R~ ~ '' rv "-i • f"r7 ~ _`- -~ REBECCA MCKINLEY FRY, ~~ o ~7yr..~ Defendant IN RE: CUSTODY zr -~c T,n; rte.. ~ G.'7 ~.~,, ~. b. STATEMENT OF EXCEPTIONS ~c ~ ~ .~'-'` :y c~ _. AND NOW, comes, Steven Michael Fry, Pro Se and fi_~.'es~~h~'.' following STATEMENT OF EXCEPTIONS and PETITION FOR MODIFICATION and :in support thereof avers the following: 1. The above at captioned parties, Steven Michael Fry (herein- after referred to as "Father") and Rebecca McKinley Fry (herein- after referred to as "Mother") have a multi-layer. history in the above at captioned matter. 2. Father files the following exceptions pursuant to Pa. R.C.P. Rule 1915.4-2(b)(4), as to the order dated October 23, 2012, in the above at captioned matter. 3. On or around .August 20, 2012, Father filed a Petion for Modification requesting provosions be added to the parties custody or•der• dated June 20, 2012, to include, but not limited to incor- porating the parties youngest minor child into said action, Mother's requirement to notify and/or contact: Father under art emergancy si- tuation relating to thf=_ minor children, a no-conflict zone and a partial custody/visitation schedule to be established. 4. After said filing Father received a letter from the con- ciliator iri this mattE~r which he had forwarded to Mother's coun- sel requesting Mother"s position to Father's filing, Mother's coun- sel replied, in part, to Father's filing scatting that there were no objections to incorporating the parties youngest minor child in- to said action. Mother's counsel did not reply to the remaining portions of Father's filing. 5. Prior to the conciliator receiving Mother's position from Mother's counsel the conciliator had scheduled the parties to at- } tend a Pre-Custody Conference on November 14, 2012. 6. Upon receiving the Mother's position the conciliator sub- mitted a Conference Summary Report and recommended order dated October 16, 2012, which did incorporate the parties youngest minor child in to the above action and cancelled said Pre-t:'ustody Con- ference, said was madE~ an order dated October 23, 2012. 7. Father files exceptions for the conciliator's Summary Re- port and/or recommended order does not address Father's filing dated August 20, 2012,. in it's entirety, said only addressed the issues in which Mother. and Mother's counsel provided the concilia- tor there position. 8. The conciliate>r's Summary Report states incorrect information relating to Father's filing, said indicates that Father requested to incorporate the parties youngest minor child into said action via letter to Honorable Judge Kevin A. Hess. Father_ filed a Pettition for Modification pursuant to Pa. R.C.P. Rule 1915..15 and Cumberland County R.C..P. Rule 1915.12-1. 9. Father's most pertinent unadressed issue relates to his portion of partial custody/visitation with the minor children. 10. Father whom is incarcerated, having been granted parole will be released within (30) thirty days and had filed his recent filing prior to release to allow ample time to schedule a Pre- Custody Conference and allow the parties t.o discuss and/or make the proper arrangement: for partial custody/visitation thus ensuring that there would be no delay in developing a Father/children re- lationship upon Father's release_ 11. Father continues to stress to this Honorable Court his position relating to the standard in which the conciliator uses in this matter over the years. '1?he conciliator has created (2) two catagories, that which of what the Mother wants and approves and/ or addresses and that which the Mother does not want and approve and/or addresses. Father files the apprc~pri_at:e Petition for rlodificat:ion, however, the conciliator only addressed the matters i.n which the Mother and Mother's counsel provided a position too. 4 12. In the recent order dated June 20, 2012, do to the numerous orders that have been issued in this action the conciliator felt obligated to vacate all prior orders in this matter and establish a. new order. It's important that. this court reflect back to the past. order dated June 20, 2011, at paragraph (2) t.wo which reads: upon Father's release from prison and in the event that the parties are unable to agree upon a custody schedule, legal counsel for the Father may contact the Custody Conciliator directly to set up another Custody Conciliatation Conference at which time the Conciliator may, as appropriate, recornmend an Order to this Court. addressing Father's periods of temporary custody. 13. It.'s Father's position that he has not been a burden to this +~ourt as the conciliator makes such appear. Prior tc~ any filing made by the Father the Father contacts and attempts resolution seeking Mother's position to both Mother and Mother's counsel, often, niether r•=ply and/or state there position resulting in Father having to take tie matter before the conciliator in this matter. Father has attempted to arrange a partial custody/visitation schedule with Mother and the Mother's counsel prior to Father's filing of August 20, 2012. 14. The conciliator Summary Report is filed under and pursuant to Cumberland County R.C.P. 1915.3-.9(b), contested case, said Rule stsates that this matter to be scheduled for a herring before the presiding ,Judge of this matter. Father having filed exceptions to the order dated October 23, 2012, and pursuant to Pa. R.C.P. 1915. 4-~2(b)(4), said Rule states that this matter sl'ioul.d now be scheduled for a hearing within (45) forty-five days of the date the last par- ties files exceptions. In light of ghat fact, Father would be sa.tisified with a Pre-~:ustody Conference to address the remaining portion of his filing dated August 20, 2012, however, Father believes that he should be entilted to an immediate Pre-Custody Conference, should said approach be taken by this Honorable Court, for Father Ycad filed the proper Petitoin far Modification, a Pre-Custody Con- ference had been schE~duled and the conciliator failed to address that filing in it's Entirety. Father filed said modification over (2) two months ago and said issues have not been addressed yet. WHEREFORE, Father respectfully request that this Honorable Court to schedule thE~ appropriate hearing as deemed to be proper and consistent to this filing. PETITION FOR MODIFICATION 14. Father incorporates paragraph's 1-14 above in their en- tirety. 15. Consistent to Father's filing dated August 20, 2012, Father request modification to the parties order dated June 20, 2012, to include provisions of Father's partial custody,/visitatio, Mother's requirement to contact Father relating to emergancy situations re- lating to the minor children and a no-conflict zone. 16. Father request that his participation in decision making relating to issues other then non-emergancy be claified by the con- ciliator. 17. Father who is incarcerated request to be heard and present vi_a telephone pursuant to Pa, R.C.P. Rule 1930.3. 18. Pursuant to Estelle V. Gamble 429 U.S. 97; 97 S, ct. 285, Fa.ther's filing should not be held to the standards of one whom is trained in civil law. 19. I verify that the foregoing is true and correct. to the best of my knowledge and belief and understand that false statements made within are subject to pentalties under Pa. C.S.A. § 4904, re- lating to unsworn fal:~ifications made to authorities. ~' Respectfully Submitted; Date : ~ 1 - ~. _~~ 'Z ~~~<~ ~' ,1 ~ ~ S even Mzc ae Fry ,~ STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA .` 'J . NO: 09-5961 CIVIL TERM REBF,CCA MCKINLEY FRY, Defendant IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing was served by First Class United S'~tates Postal Service to the following parties: Mid Penn Legal Services Attorney Jessica Holst 401 E. Louther Street Carlisle, Pa 17013 Date : ~ (~ L- `L~- ~,~_ r' .~„ fr w- Steven Michael Fry STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW N0.09-5962 CIVIL REBECCA MCKINLY FRY, Defendant ORDER AND NOW, this ~ ` day of November, 2012, it appeazing that the parole of the defendant from a State Correctional Institution is imminent, action on his petition for hearing is deferred until his release. BY THE COURT, A. Hess, P. J. ~5teven M. Fry GX-4964 175 Progress Drive V~aynesburg, PA 15370 Jessica Holst, Esquire For the Defendant /Hubert X. Gilroy, Esquire Conciliator ~~ ~~;I~ ~.~~~1'~ C7 ~ ,~ - f`~ _~J i -~ rn a r~-~ ..._. ~~ ~ ~ u~~ - ~+a ~~ W G i ~~ ~ ~, ~-~- =° 3~ ~ ©ri `~ ~, :rlm STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY COURT ORDER AND NOW, this /4 day of December, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Orders shall remain in effect subject to the following modifications: 1. Commencing on Friday, December 21, 2012, Mother shall make arrangements to have both minor children at the McDonald's at 5550 Carlisle Pike, Mechanicsburg, Pennsylvania, from 1:00 until 3:00 p.m. for purposes of Father visiting with the children. Mother can bring a supervisor with her during those periods of visitation. This shall be every other Friday until further Order of Court. 2. The parties shall immediately make contact with the Harrisburg YWCA to arrange for visitation at the Harrisburg YWCA. This visitation shall, hopefully, be able to be accommodated every other week so that the schedule will be Father is seeing the children at least once a week. Both parties are directed to cooperate with all requests made by the Harrisburg YWCA in connection with facilitating supervised visitation at the YWCA. 3. Father is directed to obtain, if possible, an evaluation pursuant to Section 5329. Mother's counsel shall provide Father with a list of agencies that will perform such an evaluation. 4. The parties may communicate with each other in connection with issues relating to custody of the children and issues relating to exchange of custody. Otherwise, the parties shall not communicate with each other as far as any matters not relating to the children. 5. Mother shall initiate a pattern of phone contact between the children and the Father. Specifically, Mother is directed to ensure that the children make a call to the Father on Christmas Eve and Christmas Day of this year. 6. Mother is specifically directed to comply with provisions in prior Orders with respect to providing information to the Father relating to the minor children. 7. The parties will meet again for another custody conciliation conference on Thursday, February 14, 2013. At that time, the parties will explore the possibility of expanding an Order. If the Father obtains the Section 5329 evaluation in advance of that date, he should provide that evaluation to Mother's counsel. 8. Father is directed to write a letter to Attorney Holst at least ten days prior to the conference scheduled above outlining in numbered paragraphs, not to exceed ten, any issues he would like to address at the conciliation conference. Father shall copy the Custody Conciliator with that communication. Attorney Holst is requested to endeavor to speak with her client on those issues so that, possibly, some of these issues can be addressed at the conciliation conference. cc: Mr. Steven Michael Fry v` Jessica Holst, Esquire rP;e / L?. ?c'S Gblu?-?t'cj ? i? BY THE COURT, _ f n f _' `3 Kevin ess, Judge ?C-a r-?r y 4?L STEVEN MICHAEL FRY, Plaintiff VS. REBECCA MCKINLY FRY, Defendant Prior Judge: The Honorable Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2009-5962 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Mr. Fry was released from prison on December 10, 2012, and is living in a halfway house in Harrisburg. The Conciliator scheduled a conciliation conference which was held on December 14, 2012, and the parties are trying to work through an arrangement to start some custody. 2. This is an extremely difficult case. Mr. Fry does not yet have a job, does not have transportation, and cannot exercise visitation at the halfway house. The younger child in this case is a little over one year old and has not yet seen her Father. The older child is about three and a half and has had some prior contact with her Father. Father wants to start visitation. Obviously, we need to initiate supervised visitation in the beginning. Neither party has any funds to help facilitate this issue. Transportation is a major problem as Mr. Fry is currently taking the bus to make arrangements. 3. The parties are willing to work through the Harrisburg YWCA to initiate some contact. We also have an agreement that the parties will meet on certain times at a McDonald's to initiate contact between the Father and the children, but it must be supervised. 4. It will take awhile to try to get some type of semblance of a permanent Order in this case. The Conciliator recommends an Order in the form as attached. Date: December , 2012 Hubert X. ilroy, Esquire Custody Conciliator STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 13 VS. CIVIL ACTION - LAW -OX f 00 M REBECCA MCKINLY FRY, NO. 2009-5962 Defendant IN CUSTODY C) M-1-1 Prior Judge: The Honorable Kevin A. Hess cDrrl COURT ORDER AND NOW,this z'I * day of April,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Orders of June 20, 2012, and December 19, 2012, shall remain in place subject to the following modifications: I. Father's periods of visitation with the minor children shall no longer need to be supervised. Absent an agreement otherwise between the parties,father's periods of time with the minor children shall be each Friday from 11:30 a.m. until 2:00 p.m. Exchange of custody shall take place on the steps in front of the Cumberland County Courthouse. It is noted that in the event the maternal grandmother or mother's sister handles the exchange of custody instead of the mother, such exchange and discussions about the children during the exchange shall not be deemed to be a violation of the PFA Order entered against the father. 2. Mother is directed to continue to provide written information concerning the children's school issues and all documents received from their school to father twice a month to take place on the IS`and 15"or as close to that date as possible. 3. Mother is directed to add father as a contact person with any healthcare provider that may be treating the minor children. 4. It is noted that the June 20, 2012, Order specifically indicates that both mother and father have shared legal custody of the minor children. Consistent with that provision,healthcare providers and school officials are specifically hereby authorized to share with the father,in writing or verbally,any and all information relating to the minor children. S. Mother is hereby directed to consult with father in connection with any non- emergency major decision she makes with respect to the children's medical treatment, school issues or other major issues in the children's lives. Furthermore, mother should immediately notify father in advance when either child has a medical appointment scheduled. 6. With respect to emergency decisions,the provisions of the prior Custody Order shall continue relative to mother having the ability to make emergency decisions or otherwise for the minor children. However,where applicable mother is directed to consult with father in connection with those decisions before they are made. 7. Father has suggested that mother is in need of a psychological evaluation. Upon father paying the cost for said evaluation and making arrangements for said evaluation, mother shall cooperate in connection with such an evaluation with the results of the evaluation to be shared with the father and legal counsel for the mother. Any written report provided by the examining physician shall be limited to a conclusion as to whether the mother has any medical conditions that merit additional treatment or that merit that she remain on certain medication. Additionally, the parties are specifically directed that such report shall not be disseminated to any third parties and shall be restricted the parties and the Court, as necessary. 8. In the event either party has a boyfriend or girlfriend that is residing the parties or staying over at the parties homes,they must notify the other parent of the name and address of that individual and also advise the other parent if the individual has any criminal record that would be implicated under Section 5329. 9. Father's phone calls with the minor children shall be at a minimum to take place every Wednesday and Saturday between the times of 7:00 p.m. and 7:30 p.m. Mother is directed to help facilitate the children with respect to their communications with their father on those phone calls. 10. In the event father is dissatisfied with the provisions outlined above and believes this matter must be set for a hearing, father may petition the Court to have the case scheduled for a hearing before the Court. BY THE COURT, Kevin Hess, Judge cc: ,Te"ssica Holst,'Esquire Steven Fry c. STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW REBECCA MCKINLY FRY, NO. 2009-5962 Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Devon Michael Fry, born June 9, 2009. 2. A Conciliation Conference was held on April 18, 2013, with the following individuals in attendance: The father, Steven Michael Fry, and the mother, Rebecca McKinly Fry, with her counsel, Jessica Holst, Esquire. 3. This is approximately the ninth Conciliation Conference held in this case. The last one was in,December of 2012. The father provided the Conciliator and Attorney Holst with a laundry list of issues which were reviewed at the Conciliation. The Conciliator is recommending some changes to the Order,some of which satisfies the father's concerns and some of which father may believe do not address his desired issues. The Conciliator will include an option for the father to request a hearing in the Order. 4. The Conciliator recommends the entry of an Order in the form as attached. Date: April OZ 12013 1�4vf Hubert Xj6ilroy, Esquire Custodyitonciliator STEVEN MICHAEL FRY, IN THE COURT OF-COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-5962 CIVIL TERM cz MM rr� v REBECCA MCKINLEY FRY, IN CUSTODY Defendant `"< �, c`i MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT PURSUAT�;E JO Pa.R.C.P. 1012 -` --e AND NOW, comes Petitioner, Jessica C. D. Holst, Esquire, of MidPenn Legal Services, and hereby petitions the Court as follows: 1. Petitioner is Jessica C. D. Holst, Esquire, Attorney for the above-named Defendant,with a business address of MidPenn Legal Services,_401 East Louther Street, Suite 103, Carlisle, PA 17013 2. Respondent is the above named Defendant, Rebecca McKinley Fry, an adult individual whose current mailing address is 22 Regency Woods North, Carlisle, PA 17015. 3. Petitioner agreed to represent Respondent for the purposes of custody filings initiated by both parties in the above captioned case. 4. A custody order was entered on April 29, 2013 by President Judge Kevin A. Hess, and there is no further action scheduled in the courts. 5: Petitioner's withdrawal will not prejudice either party. 6. Petitioner has contacted Steven Michael Fry, Plaintiff, who has indicated that he concurs in the relief requested herein. -7. Petitioner has contacted Rebecca McKinley Fry, Defendant/Respondent, who has indicated that she concurs in the relief requested herein. j WHEREFORE, Petitioner respectfully requests this Honorable Court to allow her appearance as Counsel for the Defendant in this matter to be withdrawn. Respectfully submitted, !Ksssica VIA, tsquire MidPen1YLegal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Date: 1 `3 d STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5962 CIVIL TERM REBECCA MCKINLEY FRY, IN CUSTODY Defendant VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904,relating to unsworn falsification to authorities. Date: Jessica 04st, Esq. STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009-5962 CIVIL TERM REBECCA MCKINLEY FRY, IN CUSTODY Defendant CERTIFICATE OF SERVICE I, Jessica Holst, Esquire, of MidPenn Legal Services hereby certify that I have served a copy of the foregoing Motion for Leave to Withdraw on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Steven Michael Fry 2244 North 7`h Street Harrisburg PA 17110 Rebecca McKinley Fry 22 Regency Woods North Carlisle, PA 17015 Date: J / J e s s i c d1jo I's t, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 STEVEN MICHAEL FRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 09-5962 CIVIL TERM n'c REBECCA MCKINLEY FRY, -tom Defendant : IN RE: CUSTODY C 4T; Z --i c-n PETITION FOR SPECIAL RELIEF AND EMERGENCY TEMPORARY CUSTODY AND NOW, comes, Steven Michael Fry, Pro Se, and files the following Petition for Special Relief and Temporary Custody and avers the following: 1. The Petitioner is Steven Michael Fry, an adult resident who resides at 2244 North 7th Street Harrisburg, Pennsylvania 17110. The Petitioners telephone number is 717-706-1608. 2. The Respondent is Rebecca McKinley Fry, an adult resident who resides at 139 Southside Drive Newville, Pennsylvania 17241. The Respondents telephone number is 717-422-0932. 3. The above at captioned parties are the natural parents of Devon Michael Fry and Jenna Lee Foose. 4. A custody order was entered on June 20, 2012 and April 29, 2013, (see attached orders marked Exhibit A)that states the following: I. The parties shall have shared legal custody of the minor children. II. The Mother shall consult with the Father in connection with any non-emergency decision she makes with respect to the minor children's medical treatment, school issues and other major issues in the children's lives. III. Mother is directed to provide letters to the Father relating to the minor children. IV. Mother is to undergo a psychological evaluation upon Father making the proper arrangements. V. Father shall have unsupervised visits with the minor child each Friday between 10:00am-3:00pm. 5. Petitioner believes that a situation exists that requires an emergency hearing because: I. Mother has relocated the minor children without proper notification sent to the Father. II. Mother has relocated the minor children without this court's permission. III. Mother has violated 23Pa C.S. Section 5337 by relocating the minor children without consent from the Father and/or permission from this court. IV. The Mother relocating the minor children will greatly hinder Father's ability to exercise custodial rights. V. The party's current order was agreed upon by the parties to address the Fathers issues relating to transportation for Father's only option is to use public transportation to attend any events relating to the minor children. The orders were also agreed upon to address the financial matters/transportation cost of both the Mother and Father. VI. The party's oldest minor child was attending CAIU Preschool in Carlisle, Pennsylvania. Do to Mother relocating the minor child it appears that the minor child will attend CAIU Preschool in Shippensburg, Pennsylvania. VII. The minor child has educational/developmental issues and quarterly conferences are scheduled with the parents. Do to the relocation of the minor children and the Fathers issues with transportation the Father will be unable to attend any educational meetings/events/appointments which deprives the father the right to exercise his custodial rights and rights under the party's current orders relating to shared legal custody. VIII. The father is concerned that the relocation will not serve in the minor children's best interest IX. The Father is unaware of the minor children's living arrangements and/or of the residents who will reside with the minor children. 6. The Mother has not complied with the April 29, 2013, order and had a psychological evaluation completed despite arrangements being made. It's the Fathers position along with the above paragraphs and that this Honorable Court has acknowledged that the Mother should have a psychological evaluation done and such not being completed that it should be questioned if the Mother is stable to continue care of the minor children. 7. The father has proper living arrangements for the minor children. WHEREFORE, the Petitioner respectfully request that this Honorable Court grant him temporary custody of the party's minor children. PETITION FOR CONTEMPT PURSUANT TO PA C.S. SECTION 6114 8. The Petitioner incorporates paragraphs 1-5 above in their entirety. 9. The Mother relocated the minor children without proper notification sent to the father and the above at captioned court as required pursuant to Pa. C.S. Section 5337. 10. The Mother is required to provide a (60) sixty notice of an intent to relocate to the father. In said notice such should include but not be limited to the address of relocation,the name of any new school which the minor child will attend,telephone number of the new residence, names of any parties who will be residing in the new residence. 11. The Mother did not inform the Father of her intent to relocate and the father was not aware that the Mother relocated the minor children until the Father contacted the minor child's preschool for documentation and was informed by the preschool that the minor child no longer goes to that location for the Mother notified them that she has moved to Newville, Pa. 12. Pursuant to Pa. C.S. Section 5337(D) (1)the Father should the Mother have properly informed him of her intent to relocate has the right to object said relocation. 13. The Mother relocating the child will/has hinder the Fathers ability to exercise his custodial rights under shared legal custody. 14. The parties order dated April 29, 2013, directs the Mother to have a psychological evaluation. The Father had the Mother an appointment made for July 12, 2013, and forwarded this information to the Mother per First Class United States Postal Service in mid-June 2013. The Father also made countless attempts to contact the Mother by telephone to ensure Mother received this information. The mother did not take and/or call the father back. The Mother failed to attend said evaluation which has caused the father a great deal of extra work/time in his attempt to find another healthcare provider who is willing to do said evaluation. 15. The Mother is directed to provide the father with documentation she receives from any healthcare provider or school official. The Mother often does not provide such to the Father. Since May, 2013, the father has been requesting that the Mother provide him with school information which the mother refuses to provide despite not giving the father a reason as to why she has yet to fulfill the father request. 16. 1 verify that the foregoing Petition is true and correct to the best of my knowledge and belief and understand that any false statements made within are subject to the penalties under Pa. C.S.A. Section 4909, relating to false statements made to authorities. WHEREFORE, Petitioner respectfully request this Honorable Court find the Mother in contempt of court for the Mother did not provide Father of her intent to relocate pursuant to Pa. C.S. Section 5337and has relocated the minor children and do to the Mother not providing documentation which she receives. Date: August 8, 2013 Steven Michael Fry STEVEN MICHAEL FRY : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 09-5962 CIVIL TERM REBECCA MCKINLEY FRY, Defendant : IN RE: CUSTODY CERTIFICATE OF SERVICE I verify that the foregoing Petition was served by First Class United States Postal Service on the following parties: Rebecca McKinley Fry 139 Southside drive Newville, Pa 17241 1 verify that the foregoing Petition was also hand delivered to the following parties: Rebecca McKinley Fry Date: August 8, 2013 Steven Michael Fry STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA vs. CIVIL ACTION - LAW REBECCA MCKINLY FRY; NO. 2009-,5962 --= - -- Defendant IN CUSTODY r CZ' Prior Judge: The Honorable Kevin A. Hess COURT ORDER -- J une AND NOW;this---�-day of May, 2012,upon consideration of the attached Custody Conciliation Report, it is ordered and'.l•irQcted as follows: I. All prior Custody Orders entered in this case are vacated. 2. The mother,Rebecca McKinly Fry, and the father, Steven Michael Fry, shall enjoy shared legal custody of Devon M. Fry,born June 9, 2009. 3. The mother shall enjoy primary physical custody of the minor child. 4. In light of the fact that father is incarcerated at this time, the Court makes no determination on any periods of partial custody for the father. However, the following shall apply relative to the father's ability to obtain information concerning the minor child: A. The mother is hereby authorized to unilaterally make all emergency medical decisions concerning the minor child. B. The:pother shall invclve the father in decisions concerning non-emergency medical issues for the minor child. C. The mother shall send a letter to the father two (2)times per month as close to the first(1".)and fifteenth(15 )of each month as practicable. These letters shall include information on recent medical treatment, school issues, and related information that has not already been communicated to the father. These letters shall also include'any information that the mother has on future medical,school,or related events pertaining to the child. Additionally,in the event that mother has received any written information from a health care provider or school official concerning the minor child, copies of that information shall be submitted to the father in a timely fashion with these letters. D. Father is specifically authorized to communicate with the mother via correspondence which communications are strictly limited to issues relating to custody of the minor child and the health, education and welfare of the minor child. These communications shall not be deemed to be a violation of the existing Protection from Abuse Order entered against father in favor of mother,subject,however,to the limitations that the communications shall be solely reiatGd to the custodial issues as outlined herein. E. Father shall also have the ability to send letters to the minor child which, in light of the child's inability to read,the mother shall read to the minor child. Additionally, any photos father sends shall be provided to the minor child. F. Mother shall send the father a current photograph of the minor child every four(4)months. G. Mother shall contact the Social Security Administration and sign the necessary documentation to authorize the Social Security Administration to share information they have pertaining to the minor child with the father. 5. The parents have shared legal custody, which traditionally authorizes healthcare providers and educational institutions the ability to share information concerning the minor child with both parents,it is noted that some medical providers or institutions may determine that they would prefer to deal with only one of the parents. in light of that contingency,mother is directed to insure that any documentation that she gets from a healthcare provider or an educational institution provided to her shall be copied and delivered to the father in a timely fashion with one of the letters outlined above. This provision is to address.those circumstances were a healthcare provider or educational institution, either.because of the history in this case or a policy otherwise adopted by those facilities, determined that their procedures will be to provide information only to one parent in this type of situation. 6. It is noted that the father will be eligible for parole at some point in the future, and this Court will entertain an appropriate motion by the father at that time to modify this Order as necessary. BY THE COURT, A" 3 evin . Hess, Judge 1r cc: Mr. Steven Michael Fry Jessica Holst, Esquire ti STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION- LAW REBECCA MCKINLY FRY, NO. 2009-5962 Defendant IN CUSTODY Prior Judge: The Honorable Kevin A. Hess COURT ORDER AND NOW, this 1�day of April,2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Orders of June 20, 2012, and December 19, 2012, shall remain in place subject to the following modifications: 1. Father's periods of visitation with the minor children shall no longer need to be supervised. Absent an agreement otherwise between the parties, father's periods of time with the minor children shall be each Friday from 11:30 a.m. until 2:00 p.m. Exchange of custody shall take place on the steps in front of the Cumberland County Courthouse. It is noted that in the event the maternal grandmother or mother's sister handles the exchange of custody instead of the mother, such exchange and discussions about the children during the exchange shall not be deemed to be a violation of the PFA Order entered against the father. 2. Mother is directed to continue to provide written information concerning the children's school issues and all documents received from their school to father twice a month to take place on the I"and 15`h or as close to that date as possible. 3. Mother is directed to add father as a contact person with any healthcare provider that may be treating the minor children. 4. It is noted that the June 20, 2012, Order specifically indicates that both mother and father have shared legal custody of the minor children. Consistent with that provision,healthcare providers and school officials are specifically hereby authorized to share with the father,in writing or verbally,any and all information relating to the minor children. 5. Mother is hereby directed to consult with father in connection with any non- emergency major decision she makes with respect to the children's medical treatment, school issues or other major issues in the children's lives. Furthermore, mother should immediately notify father in advance when either child has a medical appointment scheduled. 6. With respect to emergency decisions,the provisions of the prior Custody Order shall continue relative to mother having the ability to make emergency decisions or otherwise for the minor children However,where applicable mother is directed to consult with father in connection with those decisions before they are made. 7. Father has suggested that mother is in need of a psychological evaluation. Upon father paying the cost for said evaluation and making arrangements for said evaluation, mother shall cooperate in connection with such an evaluation with the results of the evaluation to be shared with the father and legal counsel for the mother. Any written report provided by the examining physician shall be limited to a conclusion as to whether the mother has any medical conditions that merit additional treatment or that merit that she remain on certain medication. Additionally, the parties are specifically directed that such report shall not be disseminated to any third parties and shall be restricted the parties and the Court, as necessary. 8. In the event either party has a boyfriend or girlfriend that is residing the parties or staying over at the parties homes,they must notify the other parent of the name and address of that individual and also advise the other parent if the individual has any .criminal record that would be implicated under Section 5329, 9. Father's phone calls with the minor children shall be at a minimum to take place every Wednesday and Saturday between the times of 7:00 p.m. and 7:30 p.m. Mother is directed to help facilitate the children with respect to their communications with their father on those phone calls. 10, In the event father is dissatisfied with the provisions outlined above and believes this matter must be set for a hearing, father may petition the Court to have the case scheduled for a hearing before the Court. BY THE COURT, 4 9129 . !S Kevin . Hess, Judge cc: Jessica Holst, Esquire Mr. Steven Fry TRUE COPY FROM RECORD M Testimony whereof,I here unto eet aw hand and.the soil of seld COUAX Cafisie,p This- day�" 20 Protlwnotwy STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009-5962 CIVIL TERM REBECCA MCKINLEY FRY, IN CUSTODY Defendant ORDER AND NOW,this day of 2013, after consideration of the attached Motion, the Court hereby ORDERS: 1. The appearance of Jessica C. D. Holst, Esquire, as counsel for Defendant, Rebecca McKinley Fry, is hereby withdrawn. 2. All further correspondence for Defendant shall be sent directly to her at 22 Regency Woods North, Carlisle,PA 17015. By the ou Kevi A. Hess, President Judge I-IF CD 4 k-D STEVEN MICHAEL FRY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANCR V. 2009-5962 CIVIL ACTION LAW r M, REBECCA MCKINLEY FRY IN CUSTODY :;1_1 e—D DEFENDANT > ORDER OF COURT AND NOW, Monday,August 12,2013 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X.Gilroy,Esq. the conciliator, at 4th Floor,Cumberland County Courthouse,Carlisle on Friday,September 13,2013 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished,to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders,and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, EsT.I 4t�/ Custody Conciliator Tile 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 Bat-Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 as 1A41) � L �l " �'HE PRO T HOHOTARY BAYLEY &MANGAN I I Brian O.Williams,Esquire Attorney I.D.#: 209610 CUMBERLAND 0 � ` 17 West South Street PENNSYLVANIA Carlisle,PA 17013 (717)241-2446 STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. VS. NO. 09-5962 REBECCA MCKINLEY FRY, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Rebecca McKinley Fry, in the above-captioned matter. Date: j47 Brian O. Williams, Esquire Bayley&Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. #209610 w L STEVEN MICHAEL FRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-5962 REBECCA MCKINLEY FRY, CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Brian O. Williams, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Irwin Law Office Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 ��� Brian O. Williams, Esquire Dated: STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA MCKINLEY FRY' rn: NO. 2009-5962 CIVIL ACTION -LN19 t�`'' Defendant r - IN CUSTODY = - cam—=,= `{ _r ORDER OF COURT' AND NOW, this Zo' day of sc,. •.•-L�� , 2013, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated June 20, 2012 and April 29, 2013 are hereby vacated. 2. The Father, Steven Michael Fry and the Mother, Rebecca McKinley Fry, shall have shared legal custody of Devon Michael Fry, born June 9, 2009 and Jenna Lee Foose, born October 30, 2011. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. Every Friday from 10:00 a.m. to 6:00 p.m. B. Once Father obtains housing in Carlisle, alternating weekends from Friday at 10:00 a.m. to Saturday at 6:00 p.m. 5. Mother shall sign a release so that Father may obtain her counseling records. 6. The parties shall exchange custody at the Cumberland County Courthouse. 7. Father's Petition for Contempt shall be held in abeyance until the next Conciliation Conference. 8. The parties shall share the Thanksgiving holiday with Mother having physical custody until 1:00 p.m. and Father having physical custody from 1:00 p.m. until 6:00 p.m. 9. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for Wednesday, November 13,2013 at 9:30 a.m. BY THE COURT, �f J. cc�arold S. Irwin, III, Esquire, Counsel for Father Brian O. Williams, Esquire, Counsel for Mother w I£S - tl�Cl� g��.dl r3 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. . REBECCA MCKINLEY FRY, : NO.2009-5962 CIVIL ACTION -LAW Defendant IN CUSTODY PRIOR JUDGE: Kevin A.Hess, P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Michael Fry June 9, 2009 Mother Jenna Lee Fry October 30,2011 Mother 2. A Conciliation Conference was held in this matter on September 13,2013, with the following in attendance: The Father, Steven Michael Fry, with his counsel, Harold S. Irwin, III, Esquire and the Mother, Rebecca McKinley Fry,with her counsel, Brian 0. Williams, Esquire. 3. The Honorable Kevin A. Hess previously entered Orders of Court dated June 20,2012 and April 29, 2013 providing for shared legal custody,Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Date: q`1� -13 � • �/ _ , 9E�cq- eline M. Verney, Esquire Custody Conciliator STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA MCKINLEY FRY, : NO. 2009-5962 CIVIL ACTION -LAW= -'- Defendant • tri r rn : IN CUSTODY ` > r-- ORDER OF COURT a AND NOW, this 16- day of -7,' e,u4..4er , 2013,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated September 20, 2013 is hereby vacated. Father hereby withdraws his Petition for Contempt. 2. The Father, Steven Michael Fry and the Mother, Rebecca McKinley Fry, shall have shared legal custody of Devon Michael Fry, born June 9, 2009 and Jenna Lee Foose, born October 30, 2011. Each parent shall have an equal right, to be exercised jointly with the other parent,to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 10:00 a.m. to Sunday at 5:00 p.m. B. During the summer, week on/week off with the exchange day and time being Sunday at 5:00 p.m. Father shall start the rotation on the first Sunday after school recesses, except that the noncustodial parent shall have a period of physical custody on Wednesday from 4:00 p.m. to 8:00 p.m. 5. Holidays shall take precedence over the regular schedule: A. Thanksgiving and Easter shall be shared such that Mother will have physical custody of the children until 1:00 p.m. and Father shall have physical custody from 1:00 p.m. until 6:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 1:00 p.m. on Christmas Eve to 1:00 p.m. on Christmas Day. Block B shall be from 1:00 p.m. Christmas Day to 1:00 p.m. December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. New Year's shall be divided into two Blocks. Block A shall be from 1:00 p.m. on New Year's Eve to 1:00 p.m. New Year's Day. Block B shall be from 1:00 p.m.New Year's Day to 1:00 p.m. January 2. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. The remaining Christmas holiday shall be divided equally by the parties. E. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day, from 9:00 a.m. to 5:00 p.m. F. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Memorial Day in 2014 and alternating thereafter. These holidays shall be defined as 9:00 a.m. the day before the holiday to 9:00 a.m. the day after the holiday. 6. The parties shall have liberal telephone contact with the children which shall be one time per day at 5:30 p.m. The custodial parent shall return the phone call if the call is missed. 7. Unless there is a medical emergency, the parties shall only communicate one time per day concerning the children. The other party shall return any communication by the other party. 8. Mother shall be responsible for all transportation until Father obtains transportation. Once Father obtains transportation,the parties shall share transportation with the receiving party transporting. Maternal Grandmother may not transport the children unless accompanied by Mother. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. The parties shall honor a"No Conflict" zone around the children. 10. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent,the terms of this Order shall control. BY THE COURT, J. cc: Steven Michael Fry, pro se 102 West High Street Apt 213 /Carlisle, PA 17013 Brian O. Williams, Esquire, Counsel for Mother Copis. arL /a112/13 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. • REBECCA MCKINLEY FRY, : NO. 2009-5962 CIVIL ACTION -LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess,P. J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Michael Fry June 9, 2009 Mother Jenna Lee Fry October 30, 2011 Mother 2. A Conciliation Conference was held in this matter on December 4, 2013, with the following in attendance: The Father, Steven Michael Fry,pro se and the Mother, Rebecca McKinley Fry, with her counsel, Brian O. Williams, Esquire. 3. The Honorable Kevin A. Hess previously entered an Order of Court dated September 20, 2013 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Date: �° -q--/3 � Jac cline M. Verney, Esquire Custody Conciliator STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA MCKINLEY FRY, : NO. 2009-5962 CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 2./1 day of 016-0.044Y , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 16, 2013 shall remain in full force and effect with the following addition. 2. Father shall also have physical custody of the children on alternating Fridays from 10:00 a.m. to 6:00 p.m. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, -4 J. c MN, r71 cc: Steven Michael Fry, pro se 102 West High Street / Apt 213 op. 8.;, Carlisle, PA 17013 c= ✓✓✓ Brian O. Williams, Esquire, Counsel for Mother �" ' .1.€4 trzat C":722,' STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA MCKINLEY FRY, : NO. 2009-5962 CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Michael Fry June 9, 2009 Mother Jenna Lee Fry October 30, 2011 Mother 2. The Conciliator was notified by Father, Steven Michael Fry,pro se, that the prior Order of Court dated December 16, 2013 should have included alternating Fridays from 10:00 a.m. to 6:00 p.m. Counsel for Mother, Rebecca McKinley Fry, Brian O. Williams, Esquire, confirmed that Mother was in agreement with this addition. 3. The parties agreed to an Order in the form as attached. Date: I -/6, -I /Jac eline M. Verney, Esquire Custody Conciliator BAYLEY & MANGAN Brian 0. Williams, Esquire Attorney I.D. #: 209610 17 West South Street Carlisle, PA 17013 (717) 241-2446 STEVEN MICHAEL FRY, Plaintiff vs. REBECCA MCKINLEY FRY, Defendant _ JUil 27 PM 2: 37 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY : NO. 2009-5962 CIVIL TERM PETITION FOR SPECIAL RELIEF AND NOW, comes Rebecca McKinley Fry, by and through her attorney, Brian O. Williams, and in support of the within petition avers as follows: 1. The Honorable Judge Hess entered an order on January 21, 2014 amending his order of December 16, 2013. (Exhibit 1) 2. Petitioner is Defendant, Rebecca McKinley Fry (hereafter "Mother") who resides at 193 Big Spring Terrace, Newville, PA 17241 3. Respondent is Plaintiff, Steven Michael Fry (hereafter "Father"), who resides at 1 N. Pitt Street, Apt. 12, Carlisle, PA 17013 4. Mother and Father are parents of the child at issue, Devon Michael Fry, born June 9, 2009 and Jenna Lee Fry, born October 30, 2011. 5. The parents were married and divorce is pending. 6. Om June 22, 2014 Steven Fry was arrested after police responded to reports of an intoxicated individual abusing children at LeTort Park in Carlisle. (See Exhibit 2 — Patriot News J83. 00 pd 3o77.9? Article) 7. Father was arrested in the Weis Parking lot and charged with DUI Highest Rate (M1), Five (5) counts of child endangerment (M1), DUS with alcohol in his system and DUS — DUI related. (See exhibit 3 — UJS Docket Sheet) 8. Father was driving intoxicated with five (5) children in the car and none of the children were properly restrained in car seats. 9. This is Father's fifth (5t1) DUI lifetime and second for sentencing purposes which is a minimum sentence of 90 days, DUI with children in the vehicle automatically changes the grading to an M1. DUS with alcohol in his system is an additional mandatory 90 days. 10. It is believed that his prior record score is a 5 which makes his guideline for any MI charge 24-36 Months. (See exhibit 4 — UJS Prior Record) 11. It is believed that Mr. Fry's alcohol issues, blatant disregard for the safety and well-being of the children and his abusive behavior toward the children is an immediate danger and all visitations for Father should cease. WHEREFORE, Mother respectfully requests that the Court order that Steven Fry be denied custody visitations with the children until Father requests a modification or further order of Court. Date: Respectfully submitted, BAYLEY & MANGAN Brian O. Williams, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 209610 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REBECCA MCKINLEY FRY, Defendant : NO. 2009-5962 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this t J day of JtQf ,2014,upon considerationofthe attached Custody Conciliation Rept, it is ordered and directed as follows: 1. The prior Order of Court dated December 16, 2013 shall remain in full force and effect with the following addition. 2. Father shall also have physical custody of the children on alternating Fridays from 10:00 a.m. to 6:00 p.m. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Steven Michael Fry, pro se 102 West High Street Apt 213 Carlisle, PA 17013 Brian O. Williams, Esquire, Counsel for Mother =Q STEVEN MICHAEL FRY, Plaintiff V. REBECCA MCKINLEY FRY, . : NO. 2009-5962 CIVIL ACTION - LAW Defendant (n r r ►7 C7 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : IN CUSTODY ORDER OF COURT AND NOW, this //#41 -..day of �> r„sR , 2013, upon consideration of the attached Custody Conciliation Report,it si ordered and directed as follows: 1. The prior Order of Court dated September 20, 2013 is hereby vacated. Father hereby withdraws his Petition for Contempt. 2. The Father, Steven Michael Fry and the Mother, Rebecca McKinley Fry, shall have shared legal custody of Devon Michael Fry, born June 9, 2009 and Jenna Lee Foose, born October 30, 2011. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non -emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back -to -school nights, and the like. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 10:00 a.m. to Sunday at 5:00 p.m. B. During the summer, week on/week off with the exchange day and time being Sunday at 5:00 p.m. Father shall start the rotation on the first Sunday after school recesses, except that the noncustodial parent shall have a period of physical custody on Wednesday from 4:00 p.m. to 8:00 p.m. 5. Holidays shall take precedence over the regular schedule: A. Thanksgiving and Easter shall be shared such that Mother will have physical custody of the children until 1:00 p.m. and Father shall have physical custody from 1:00 p.m. until 6:00 p.m. B. Christmas shall be divided into two Blocks. Block A shall be from 1:00 p.m. on Christmas Eve to 1:00 p.m. on Christmas Day. Block B shall be from 1:00 p.m. Christmas Day. to 1:00 p.m. December 26. Mother shall have Block A in odd numbered years and Block B in even numbered years. Father shall have Block A in even numbered years and Block B in odd numbered years. C. New Year's shall be divided into two Blocks. Block A shall be from 1:00 p.m. on New Year's Eve to 1:00 p.m. New Year's Day. Block B shall be from 1:00 p.m. New Year's Day to 1:00 p.m. January 2. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and B1ockB in odd numbered years. D. The remaining Christmas holiday shall be divided equally by the parties. E. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m. and Father shall have physical custody of the children on Father's Day, from 9:00 a.m. to 5:00 p.m. F. Memorial Day, July 4th and Labor Day shall be alternated by the parties with Father having Memorial Day in 2014 and alternating thereafter. These holidays shall be defined as 9:00 a.m. the day before the holiday to 9:00 a.m. the day after the holiday. 6. The parties shall have liberal telephone contact with the children which shall be one time per day at 5:30 p.m. The custodial parent shall return the phone call if the call is missed. 7. Unless there is a medical emergency, the parties shall only communicate one time per day concerning the children. The other party shall return any communication by the other party. 8. Mother shall be responsible for all transportation until Father obtains transportation. Once Father obtains transportation, the parties shall share transportation with the receiving party transporting. Maternal Grandmother may not transport the children unless accompanied by Mother. 9. Neither party shall do nor permit a third party to do, or say anything that would estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. The parties shall honor a "No Conflict" zone around the children. 10. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C. S. § 5337. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, let /e.gt44:.L. cc: Steven Michael Fry, pro se 102 West High Street Apt 213 Carlisle, PA 17013 Brian O. Williams, Esquire, Counsel for Mother TRUE COPY-FRONIRECORD., In Testimony whereof, !hereunto set mi herb and the sea4of saidb Carlisle, Pa. G 2t„ Prothonotary This 6/25/2014 Carlisle man accused of driving drunkwith five young children in his car, police say Carlisle man accused of driving drunk with five young children in his car, police say Jeffrey A. Johnson I jjohnson@pennlive.com By Jeffrey A. Johnson 1 jjohnson@pennlive.com Email the author 1 Follow on Twitter on June 24, 2014 at 1:17 PM, updated June 24, 2014 at 2:26 PM A Carlisle man was arrested Sunday night after he was accused of driving drunk with five young children in his car, borough police said. Steven M. Fry, 43, of the first block of North Pitt Street, was charged with driving under the influence, driving with a suspended license and recklessly endangering the welfare of children. Police received a report around 8 p.m. that a man, later identified as Fry, was drinking alcohol and abusing children in Letort Park. Fry's vehicle was later stopped in a Weis Market parking lot, where police found the children, who ranged from 2 to 8 years old. Fry did not have child safety seats for the children, although police said they were not harmed in the incident. The children were turned over to their parents after being taken into custody, police said. Bail and court information for Fry was not immediately available Tuesday afternoon. © 2014 PennLive.com. All rights reserved. a EXHIBIT c� a http://blop.pennlire.com/midstate impact/print.html?entry=/2014/06/carlisle man driving_drunk Idd.html 1/1 NFORMATION Magisterial District Judge 09-2-02 'D O Docket Number: MJ -09202 -CR -0000294-2014 Criminal Docket Commonwealth of Pennsylvania v. Steven Michael Fry Page 1 of 2 Judge Assigned: OTN: Arresting Agency: Complaint/Incident #: County: Township: Case Status Active Case Calendar Event Type Preliminary Hearing Magisterial District Judge Jessica Brewbaker L 871525-4 Carlisle Boro Police Dept 20140601197CAR Cumberland Carlisle Boro Status Date 06/23/2014 Issue Date: File Date: Arrest Date: Disposition: Disposition Date: Case Status: Processing Status Awaiting Preliminary Hearing Schedule Start Date Start Time Room 08/08/2014 10:15 am 06/23/2014 06/23/2014 Active Judge Name Magisterial District Judge Jessica Brewbaker Schedule Status Scheduled DEFENDA T Name: Date of Birth: Address(es): Home Carlisle, PA 17013 Fry, Steven Michael 05/20/1971 Sex: Race: Male White Advised of His Right to Apply for Assignment of Counsel? Public Defender Requested by the Defendant? Application Provided for Appointment of Public Defender? Has the Defendant Been Fingerprinted? No No No Yes Participant Type Defendant Arresting Officer Participant Name Fry, Steven Michael Shull, Brian A MDJS 1200 Printed: 06/25/2014 8:50 am Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do riot comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Magisterial District Judge 09-2-02 Docket Number: MJ -09202 -CR -0000294-2014 Criminal Docket Commonwealth of Pennsylvania v. Steven Michael Fry Page 2 of 2 # Charge Grade 1 18§4304§§A1 M1 2 18 § 4304 §§ Al M1 3 18 § 4304 §§ Al M1 4 18 § 4304 §§ Al M1 518§4304§§A1 M1 675§3802§§A1* M 775§3802§§C* M 875§1543§§B1 S 9 75 § 1543 §§ B1.1I S Description Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Endangering Welfare of Children - ParenUGuardian/Other Commits Offense Endangering Welfare of Children - Parent/Guardian/Other Commits Offense Endangering Welfare of Children - Parent/Guardian/Other Commits Offense DUI: Gen Imp/Inc of Driving Safely - 1st Off DUI: Highest Rte of Alc (BAC .16+) 1st Off Drg Lic Sus/Rev Purs to Sec 3802/1547B1 Driving While BAC .02 or Greater While License Susp Offense Dt. Disposition 06/22/2014 06/22/2014 06/22/2014 06/22/2014 06/22/2014 06/22/2014 06/22/2014 06/22/2014 06/22/2014 FO Filed Date 06/24/2014 06/24/2014 First Class Summons Issued Entry Summons Issued 06/24/2014 Certified Summons Issued 06/23/2014 Criminal Complaint Filed Filer Magisterial District Court 09-2-02 Magisterial District Court 09-2-02 Magisterial District Court 09-2-02 Magisterial District Court 09-2-02 Applies To Steven Michael Fry, Defendant Steven Michael Fry, Defendant Steven Michael Fry, Defendant MDJS 1200 Page 2 of 2 Printed: 06/25/2014 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police. Employers who do not comply with the provisions of the Criminal History Record Information Act (18 Pa.C.S. Section 9101 et seq.) may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. 8:50 am Cumberland County Court of Common Pleas Court Summary EXHIBIT 5 • Fry, Steven Michael Frackville, PA 17932 Aliases: Steve M. Fry Steven Michael Fry Adjudicated Cumberland CP -21 -CR -0000068-2006 Arrest Dt: 09/19/2005 DOB: 05/20/1971 Proc Status: Awaiting Sentencing DC No: Trial Dt: Legacy No: Last Action: Non -Payment Court Next Action: Disp Date: 05/09/2006 Seq No Statute Sentence Dt. 1 18 § 3921 05/09/2006 Probation 2 18§3503 Sentence Type Closed Cumberland CP -21 -CR -0001796-1996 Arrest Dt: Def Atty: Clawges, Tim - (PR) Seq No Statute 1 18 § 3502 2 18 § 3921 Sex: Male Eyes: Brown Hair: Brown Race: Caucasian OTN:L2575053 Last Action Date: 04/03/2009 Last Action Room: Courtroom 4 Next Action Date: Next Action Room: Disp Judge: Hess, Kevin A. Grade Description Disposition Program Period Sentence Length M3 Theft By Unlaw Taking -Movable Prop Guilty Plea Other Max: 12 Month(s) F3 Crim Tres -Enter Structure Quashed Proc Status: Migrated Final Disposition DC No: 3 22§23 4 75§7136 CP -21 -CR -0000272-2000 Disp Date: 11/19/1996 Disp Judge: Hoffer, George E. Grade Description F2 Burglary -Bldg W/O Overnight Accom. M1 Theft By Unlaw Taking -Movable Prop Employees - Buying/Receiving Stolen Property Conspiracy Viol Odometer Req Proc Status: Awaiting Post Sentence Motion DC No: Arrest Dt: Disp Date: 03/10/2000 Def Atty: Pickford, Susan K. - (PR) Seq No Statute 1 18 § 3929 CP -21 -CR -0001344-2001 Disp Judge: Guido, Edward E. Grade Description M2 Retail Theft -Take Mdse Proc Status: Migrated Final Disposition DC No: Arrest Dt: Disp Date: 10/04/2001 Disp Judge: Bayley, Edgar B. Def Atty: Rhoades, Jessica Becker - (PR) Seq No Statute Grade Description Sentence Dt. Sentence Type Program Period Sentence Length 1 75 § 3731 Driving Under The Influence Of Guilty Alcohol OTN:E8004010 Disposition Guilty Plea Quashed, Dismissed, Demurrer Sustained Quashed, Dismissed, Demurrer Sustained Guilty Plea Disposition Guilty Plea Disposition OTN:H0618586 OTN:H4248344 CPCMS 3541 1 Printed: 6/25/2014 8:22 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas Court Summary Fry, Steven Michael (Continued) Closed (Continued) Cumberland (Continued) Seq No Statute Sentence Dt. Sentence Type 10/04/2001 Confinement 2 75 § 1543 3 75§3310 4 75 § 6503.1 CP -21 -CR -0000894-2003 Grade Description Program Period Sentence Length S Driv While Oper Priv Susp Or Revoked S Follow Too Closely M2 Habitual Offenders Proc Status: Migrated Final Disposition DC No: Arrest Dt: Disp Date: 05/20/2003 Def Atty: Rhoades, Jessica Becker Seq No Statute Sentence Dt. Sentence Type 1 75 § 3731 05/20/2003 2 75§1301 3 75 § 1372 4 75 § 1543 5 75 § 1786 6 75§3714 7 75 § 3731 8 75 § 4703 CP -21 -CR -0000180-2004 Disp Judge: Hoffer, George E. Grade Description Program Period Sentence Length M2 Driving Under The Influence Of Alcohol Min: 3 M S Dr Unregist Veh S Display Plate Card In Improp Veh Disposition Guilty Guilty Guilty Disposition Guilty Plea OTN:H7056383 Confinement onth(s) Max: 20 Month(s) 29 Day(s) S Drg Lic Sus/Rev Purs To Sec 3731/1547b1 S Oper Veh W/O Req'd Financ Resp S Careless Driving Dr W/BI Alc Lev .10% Or Greater 6th Off S Operat Veh W/O Valid Inspect Proc Status: Sentenced/Penalty Imposed DC No: Arrest Dt: 01/09/2004 Disp Date: 03/23/2004 Def Atty: Kutulakis, Jason - (PR) Seq No Statute Sentence Dt. Disp Judge: Bayley, Edgar B. Quashed, Dismissed, Demurrer Sustained Quashed, Dismissed, Demurrer Sustained Guilty Plea Quashed, Dismissed, Demurrer Sustained Quashed, Dismissed, Demurrer Sustained Guilty Plea Quashed, Dismissed, Demurrer Sustained Grade Description Disposition Sentence Type Program Period Sentence Length 1 18 § 3921 M2 Theft By Unlaw Taking -Movable Prop Guilty Plea 05/25/2004 No Further Penalty 2 18 § 3921 M2 Theft By Unlaw Taking -Movable Prop Guilty Plea 05/25/2004 Confinement Other Min: 5 Month(s) 29 Day(s) Max: 11 Month(s) 29 Days: 3 18 § 3921 M2 Theft By Unlaw Taking -Movable Prop Guilty Plea 05/25/2004 Confinement Other Min: 6 Month(s) Max: 12 Month(s) OTN:H8333732 CPCMS 3541 2 Printed: 6/25/2014 8:22 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas Court Summary Fry, Steven Michael (Continued) Closed (Continued) Cumberland (Continued) Seq No Statute Sentence Dt. Sentence Type 4 18§4101 5 18§4101 6 18§4101 7 18§4106 Grade Description Disposition Program Period Sentence Length F3 Forgery -Unauthorized Act In Writing Quashed F3 Forgery -Unauthorized Act In Writing Quashed F3 Forgery -Unauthorized Act In Writing Quashed M1 Access Device Issd To Another Who Guilty Plea Did Not Auth Use 05/25/2004 No Further Penalty 8 18 § 4106 M1 Access Device Issd To Another Who Guilty Plea Did Not Auth Use 05/25/2004 No Further Penalty 9 18 § 4106 Mi Access Device Issd To Another Who Guilty Plea Did Not Auth Use 05/25/2004 No Further Penalty 10 18 § 3925 M2 Receiving Stolen Property Quashed 11 18 § 3925 M2 Receiving Stolen Property Quashed 12 18 § 3925 M2 Receiving Stolen Property Quashed 13 18 § 3502 F2 Burglary Quashed 14 18 § 3502 F2 Burglary Quashed 15 18 § 3502 F2 Burglary Quashed 16 18 § 3503 F3 Crim Tres -Enter Structure Quashed 17 18 § 3503 F3 Crim Tres -Enter Structure Quashed 18 18 § 3503 F3 Crim Tres -Enter Structure Quashed 19 18 § 3503 M3 Def Tres Actual Communication To Guilty Plea 05/25/2004 No Further Penalty 20 18 § 3503 M3 Def Tres Actual Communication To Guilty Plea 05/25/2004 No Further Penalty 21 18 § 3503 M3 Def Tres Actual Communication To Guilty Plea 05/25/2004 No Further Penalty CP -21 -CR -0001525-2005 Proc Status: Sentenced/Penalty Imposed DC No: OTN:L2269315 Arrest Dt: 02/20/2005 Disp Date: 10/31/2005 Disp Judge: Hess, Kevin A. Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 75 § 3802 M2 DUI: Gen Imp/Inc of Driving Safely - Quashed 3rd Off 2 75 § 3802 M1 DUI: Highest Rte of Alc (BAC .16+) Guilty Plea 3rd Off 03/03/2006 Confinement Other Min: 14 Month(s) Max: 28 Month(s) 3 75 § 1501 S Driving W/O A License Quashed CPCMS 3541 3 Printed: 6/25/2014 8:22 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas Court Summary Fry, Steven Michael (Continued) Closed (Continued) Cumberland (Continued) Seq No Statute Sentence Dt. Sentence Type 4 75 § 1543 03/03/2006 No Further Penalty 5 75 § 6503.1 Grade Description Program Period Sentence Length S Driv While Oper Priv Susp Or Revoked M2 Habitual Offenders CP -21 -CR -0001618-2005 Proc Status: Sentenced/Penalty Imposed DC No: Arrest Dt: 02/23/2005 Disp Date: 10/31/2005 Disp Judge: Hess, Kevin A. Def Atty: Reynosa, Dean Edward - (PD) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 18 § 3929 F3 Retail Theft -Take Mdse Guilty Plea 03/03/2006 Confinement Other Min: 2 Month(s) Max: 12 Month(s) Disposition Guilty Plea Quashed OTN:H9851951 2 75 § 1543 S Driv While Oper Priv Susp Or Revoked 3 18 § 5505 S Public Drunkenness And Similar Misconduct 4 18 § 5503 S Disorderly Conduct CP -21 -CR -0001101-2006 Proc Status: Sentenced/Penalty Imposed DC No: Quashed Dismissed (Lower Court) Dismissed (Lower Court) OTN:L2654890 Arrest Dt: Disp Date: 11/01/2006 Disp Judge: Guido, Edward E. Def Atty: Abeln, Gregory - (PR) Seq No Statute Grade Description Disposition Sentence Dt. Sentence Type Program Period Sentence Length 1 18 § 3928 M2 Unauth Use Motor/Other Vehicles Guilty Plea 12/12/2006 Confinement Other Min: 6 Month(s) Max: 2 Year(s) 2 75 § 3802 DUI: Gen Imp/Inc of Driving Safely - 4th Off & Sub Off 3 75 § 3802 DUI: Highest Rte of Alc (BAC .16+) 3rd Off 12/12/2006 Confinement 4 75 § 1543 12/12/2006 Confinement 5 75 § 1543 6 75§3714 7 75 § 1543 M1 M1 Other M3 Other S S M1 Archived CP -21 -CR -0001343-1994 Comm. v. Fry, Steve BAC .02 or Greater 2nd Offense Max: 90 Day(s) Drg Lic Sus/Rev Purs to Sec 3731/154781 Careless Driving BAC .02 or Higher - 3rd Offense Quashed Guilty Plea Guilty Plea Dismissed by Information Dismissed by Information Dismissed CPCMS 3541 4 Printed: 6/25/2014 8:22 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. Cumberland County Court of Common Pleas Court Summary Fry, Steven Michael (Continued) Archived (Continued) CP -21 -CR -0000312-1995 Comm. v. Fry, Steve CPCMS 3541 5 Printed: 6/25/2014 8:22 AM Recent entries made in the court filing offices may not be immediately reflected on the court summary report. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Court Summary Report information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. Please note that if the offense disposition information is blank, this only means that there is not a "final disposition" recorded in the Common Pleas Criminal Court Case Management System for this offense. In such an instance, you must view the public web docket sheet of the case wherein the offense is charged in order to determine what the most up-to-date disposition information is for the offense. 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. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Co-ZC4- (K Date Rebecca Fry STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY REBECCA MCKINLEY FRY, Defendant : NO. 2009 - 5962 CIVIL TERM CRIMINAL RECORD/ABUSE HISTORY VERIFICATION I, Rebecca Fry, hereby swear or affirm, subject of penalties of law including 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to the crime below, neither I nor any other member of my household have been convicted or pled guilty or plead no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that Apply Crime (or related crime) Self Other household member Date of conviction, guilty plea, no contest plea, or pending charges Sentence 18 Pa.C.S. Ch. 25 (relating to criminal homicide) i 0 il 18 Pa.C.S. §2702 (relating to aggravated assault) (') r-. '•t G =_ --t • • • 18 Pa.C.S. §2706 (relating to terroristic threats) -ten rn cti ..z.:_-,-, cam= ; • . • 18 Pa.C.S. §2709.1 (relating to stalking) -cP `' 6 c II • . 18 Pa.C.S. §2901 (relating to kidnapping) y- c } ;. x N T' •, co • . I 18 Pa.C.S. §2902 (relating to unlawful restraint) -_..4 • Check all that Apply Crime (or related crime) Self Other household member Date of conviction, guilty plea, no contest plea, or pending charges Sentence 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 0 1 U 18 Pa.C.S. §3121(relating to rape) 0 0 0 18 Pa.C.S. §3122.1(relating to statutory sexual assault) 0 I 0 18 Pa.C.S. §3123(relating to involuntary deviate sexual intercourse) • 0 0 18 Pa.C.S. §3124.1(relating to sexual assault) i • 18 Pa.C.S. §3125(relating to aggravated indecent assault) 1 1 1 18 Pa.C.S. §3126(relating to indecent assault) 0 1 1 18 Pa.C.S. §3127(relating to indecent exposure) 0 I 0 18 Pa.C.S. §3129(relating to sexual intercourse with animals) 0 I 0 18 Pa.C.S. §3130(relating to conduct relating to sex offenders) • 1 1 18 Pa.C.S. §3301(relating to arson and relating offenses) II 1 0 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of children) 1 ■ ■ 18 Pa.C.S. §4304 (relating to endangering welfare of children) 0 0 1 18 Pa.C.S. §4305 (relating to dealing in infant children) • I 01 Check all that Apply Crime (or related crime) Self Other household member Date of conviction, guilty plea, no contest plea, or pending charges Sentence 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) • 1 0I 18 Pa.C.S. §5903(c) or (d) (relating to obscene and other sexual material and performances) 1 0 0 18 Pa.C.S. §6301 (relating to corruption of minors) 0 0 0 18 Pa.C.S. §6312 (relating to sexual abuse of children) 0 0 0 18 Pa.C.S. §6318 (relating to unlawful contact with minors) El 0 I 18 Pa.C.S. §6320(relating to sexual exploitation of children) • 0 il 18 Pa.C.S. §6114(relating to contempt for violation of protection order or agreement) ■ 0 1 Driving under the influence of drugs or alcohol 0 1 1 Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device I . . 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: A finding of abuse by Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Check all that Apply Crime (or related crime) Self Other household member Date of conviction, guilty plea, no contest plea, or pending charges Sentence Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: ■ ■ ■ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW REVECCA MCKINLEY FRY, : Defendant : NO. 09-5962 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 3rd day of July, 2014, upon consideration of Defendant's Petition for Special Relief, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. IT IS FURTHER ORDERED that Father shall not imbibe any alcohol while he has custody of the children. ZnFrY 1 N. Pitt Street Apt. 12 Carlisle, PA 17013 Plaintiff, pro Se rian O. Williams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc tc-r-L A7/05/ BY THE COURT, Christylee L. Peck, J. 7-73 Cf) cp s 7E s.e--0 /42c, -1a el Y, '►, N FR ke,az., /yl a K R-1 Ain it, ,5,Afr 8r (-57-if6-1 Cc -104-1 #:1 h A- �j; , ni 7777© /4) -kiwis LA 0-1 1--/4,.IaQA,6(VG Hca 2 ���5s ,�,� t`�/�� 4 oQ4e6 4 e.epv) A a /.e /►N'/J AA/ on e2o /'-( 0 ?, 1 -1P -7-7-77001t, /.5 riAt•oi; FF, - .11 4. 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(Age 471/6 fi T. -c' L 4 - I 7 ( Plaintiff /(toR caP, Vs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. ® q R CIVIL TERM n"4'14-1( (, CIVIL ACTION - LAW Defendant IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, �0�.✓ o) c-�A-4/ P-;7,., hereby swear or affirm, subject to penalties ofd) c law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other household member 18 Pa.C.S. Ch. 25 fl (relating to criminal homicide) fT 18 Pa.C.S. §2702 C] C] (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) r 18 Pa.C.S. §2709.1 f! (relating to stalking) 18 Pa.C.S. §2901 C] (relating to kidnapping) C] Date of 'Sentence conviction, guilty plea, no contest plea or pending charges 41. C.71 18 Pa.C.S. §2902 frelating to unlawful restraint) FT 18 Pa.C.S. §2903 FT (relating to false imprisonment) 18 Pa.C.S. §2910 Tr -1 (relating to luring a child into a motor vehicle or structure) FT 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 FT relating to statutory sexual assault) 18 Pa.C.S. §3123 FT FT (relating to involuntary -deviate sexual intercourse' FT 18 Pa.C.S. §3124.1 (relating to sexual assault) FT 18 Pa.C.S. §3125 (relating to aggravated indecent assault' FT r- 18 Pa.C.S. §3126 FT _r7 (relating to indecent assault' 18 Pa.C.S. §3127 (relating to indecent exposure) FT 18 Pa.C.S. §3129 FT (relating to sexual intercourse with animals) FT 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders' 18 Pa.C.S. §3301 IT (relating to arson and related offenses' FT 18 Pa.C.S. §4302 (relating to incestl 17 18 Pa.C.S. §4303 (relating to concealing death of child) FT 18 Pa.C.S. §4304 (relating to endangering welfare of children) FT 18 Pa.C.S. §4305 (relating to dealing• in infant children) FT 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) FT 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) FT 7 FT 18 Pa.C.S. §6301 FT 7 (relating to corruption of minors) 18 Pa.C.S. §6312 El FT (relating to sexual abuse of children), 18 Pa.C.S. §6318 FT FT. (relating to unlawful contact with minor) El 18 Pa.C.S. §6320 (relating to sexual exploitation of children) FT 23 Pa.C.S. §6114 FT FT (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol FT jpes--7 FT Manufacture, sale, 171 FT delivery, holding, offering -for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check Self Other all that household apply member FT A finding of abuse by a Children & Youth ri—J FT Agency or similar agency in Pennsylvania or similar statute in another jurisdiction FT Abusive conduct as defined under the IT El Protection from Abuse Act in Pennsylvania or similar statute in Date another jurisdiction �f Other: E 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or -belief.- I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature Printed Name STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW REVECCA MCKINLEY FRY, : Defendant : NO. 09-5962 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of July, 2014, upon consideration of Plaintiff s Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ,<` edc Christyfee L. Peck, J. Steven Fry 1 N. Pitt Street Apt. 12 Carlisle, PA 17013 Plaintiff, pro Se Brian O. Williams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc LO yes nt1.1 LEL 7 isfrt s�2✓�'.J nti2e��a2�4 LDMMo,o `l !2'A -s lam PtI /l�A4 mo-K,M% od,r, PerT, /;ti -i /0 C4ALC 004/:-FFFj51 / rn , c� �iV� D �� (� t� /1S S J.2,�-1►-+2C;�i-�/1 � f� �r i-iJ0 J '5 11a ,r 1 • DJ z)f J:4(o, -21--) P-4/ /Zr-i7c)ci �- t-1 a �� ���ti� ��-� is aoi tel, u!�- v �d � l4 0,d -Issu ‘/J Pu Q I v s%io uJ 5 Q l�.l�l-{ � 1,� sl &,i,‘47--- osNou t o a- / GE43-re0, VLite_ 1grEL . l e -J Ca©)1h L 5 dr°e4idd die& t 11-1 ( 44-f s S vices, eAsi°4_ � ��A� `r �l�s /J ,3-11d"Ji 0)4i -is Alk 144 /LAO � 0"/) Q2,g /A 0 7;474-7— ixi/P 2L) a 45 )0L --)-7-7„j (zr-: Dr` ira-caAe i 561,E Cjl n ,� I ,� b.' 6�-,5�r�a e_avi-I /4 atammoeixi �f1=li cer,e-AJDA/z- p4) ming #e4., (1164,4) / A 1)0o4.//r);7:4JA._ 1-/1)-,4,0 iel%(111,0 (t) i Atte ( it144,t) ;_AAJ- ©. Gs�zs I 1)1, ,C/:5 A /-© / S-17414-4-/ /Y1.1C-1-/A 4.1 Plaintiff Vs ,e16,e_Cti-A KI 0-411-1 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 6- CIVIL guit-2, CIVIL ACTION - LAW : IN CUSTODY rr-I Cr; 17. 111 r cf.) cri CRIMINAL RECORD ABUSE HISTORY VERIFICATION --„Friv de/0 - , hereby swear or affirm, subject to penaltio-s of law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other household member 18 Pa.C.S. §2702 112: (relating to aggravated assault) 18 Pa.C.S. §2706 (relating to terroristic threats) fl 18 Pa.C.S. §2709.1 (relating to stalking) 18 Pa.C.S. §2901 (relating to kidnapping) Date of Sentence conviction, guilty plea, no contest plea or pending charges El 18 Pa.C.S. §2902 (relating to unlawful restraint) FT 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 (relating to rape). 18 Pa.C.S. §3122.1 relating to statutory sexual assault) E 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercoursel 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 (relating to aggravated indecent assault) . . . 3126 frelating to indecent assault) 18 Pa.C.S. §3127 EJ (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and related offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) 18 Pa.C.S. §4304 (relating to endangering welfare of children) 18 Pa.C.S. §4305 177E. (relating to dealing in infant children) fT 18 Pa.C.S. §5902(b) E.' (relating to prostitution and related offenses) 18 Pa.C.S. §5903 (c) or (d) (relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 E [Ti (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minor) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering_for_sale or possession of any controlled substance or other drug or device Ei 7 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that aDoly Self Other household Date A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another iurisdiction Abusive conduct asdefined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction F-� Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history; p!ease explain: I verify that the information above is true and correct to the best of my knowledge information or belief. ) understand that false statements herein are rn.ade subject. to the penalties of 18 pa.[.S. § 4904 relating to unsworn falsification to authorities Signature ~~-�- ~/ R . Printed Name BAYLEY & MANGAN Brian O. Williams, Esquire Attorney I.D. #: 209610 17 West South Street Carlisle, PA 17013 (717) 241-2446 P, , OTtiu;y,J !fi SI: . 2C!i AUG 29 PM 2:32 CUMBERLAND COUNT''' PENNSYLVANIA STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY REBECCA MCKINLEY FRY, Defendant : NO. 2009-5962 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant by and through her attorney, Brian O. Williams, and in support of the within motion avers as follows: 1. The Honorable Christylee L. Peck is involved with the above captioned matter. 2. The Movant is the Defendant. 3. The Respondent is the Plaintiff. 4. The Defendant filed a Petition for Special Relief requesting for sole custody of Devon Michael Fry and Jenna Lee Fry after Plaintiff Steven Fry was arrested for DUI for his third DUI and Child Endangerment. 5. By Order executed July 3, 2014 the Honorable Christylee L. Peck issued a Rule upon the Respondent to show cause why the Movant's motion should not be granted; the Rule was set to be returnable 20 days after service. 6. The Respondent has not filed a response to date. 7. The Respondent instead filed his own Petition For Special Relief on July 10, 2014. 8. By Order executed July 15, 2014 the Honorable Christylee L. Peck issued a Rule upon the Respondent (Defendant) to show cause why the Movant's (Plaintiff) motion should not be granted; the Rule was set to be returnable 20 days after service 9. Plaintiff filed a "Petition to Grant Plaintiff's Special Relief" on August 25, 2014, essentially saying Respondent (Defendant) has not responded. 10. Any response by the Defendant would solely be redundant to her previously filed Petition for Special Relief. 11. Throughout this time period, Plaintiff and Defendant's counsel have been trying to resolve these issues to mutual satisfaction but have been unable to do so. 12. Defendant is hopeful that these issues may be resolved at conciliation. WHEREFORE, the Movant requests that the Court's Rule be made absolute and that the Movant be given sole physical custody of the children until Father completes a treatment program and/or parenting classes. Respectfully submitted, BAYLEY & MANGAN Brian ''O''"`Williams, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 209610 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY REBECCA MCKINLEY FRY, Defendant : NO. 2009-5962 CIVIL TERM CERTIFICATE OF SERVICE I, Brian O. Williams, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Steven Fry 1 N. Pitt Street, Apt. 12 Carlisle, PA 17013 Brian O. Williams, Esquire STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN CUSTODY REBECCA MCKINLEY FRY, Defendant : NO. 2009-5962 CIVIL TERM VERIFICATION Brian O. Williams, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Brian O. Williams, Esquire v s. P11, . r;erosiRT eT Co moo, i f /M P/A/ 0 1 FF . Cpm &Q/1 1D O.j 7? . / d iA A • . db : 69• .5'142- C,1,4s ( 441 • y- JC�,C7cc:.A fiaK,'.e.l kyyi 17:40 1iPC) •fr,._._, ,/�• �u PE F ,�.aAN? • -< . _ 11 u CD -1 P. r- =a o ,c1 a'Ti T/o x .1? adE'nr - 4 -` 1)06-b deu./, Cd ms s, f J ,J '/ti -/4( 9y, SvMgr 8 r l A/E LSI, j /.1 'W ds As lld j%,.: rr OleiesidArag"RrPrEb.) #4.v.a "De pfiA lr(,kIfIAr, m ;7i /l" A A% 7 l 4A1-07; Or %oE'Jal) rn c SAE' f Fe,/, abgei 9, Zarsg ALIO r N#100 LF, -404SE. ARA) 1>c�igfie \atop Zits //. Z . 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Is ti« eti�0411'1/4 /7D 44 (01//1 (116' ym2:s LTE LLf �✓ �/.%-'Ft.ri 'Y 'ice,/ 7j Plaintiff Vs 4e44.4 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 09— <51 6' 2— CIVIL TERM • CIVIL ACTION -LAW • IN CUSTODY CRIMINAL RECORD I ABUSE HISTORY VERIFICATION -.... <-C.D --,-- > c7.) (.7,. --,1 -.7±.., ,..--..• cp , hereby swear or affirm, subject to pengiies-vf law including 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime FT 18 Pa.C.S. Ch. 25 (relating to criminal homicide) Self Other household member Ei 18 Pa.C.S. §2702 (relating to aggravated assault) fT 18 Pa.C.S. §2706 fT FT (relating to terroristic threats) FT 18 Pa.C.S. §2709.1 FT (relating to stalking) 18 Pa.C.S. §2901 FT (relating to kidnapping) FT Date of Sentence conviction, guilty plea, no contest plea or pending charges El 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) EJ 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) El 18 Pa.C.S. §3121 El (relating to rape) El 18 Pa.C.S. §3122.1 El relating to statutory sexual assault) 18 Pa.C.S. §3123 El (relating to involuntary deviate sexual intercourse), El 18 Pa.C.S. §3124.1 (relating to sexual assault) El 18 Pa.C.S. §3125 El (relating to aggravated indecent assault) 18 Pa.C.S. §3126 71 (relating to indecent assault) 18 Pa.C.S. §3127 El (relating to indecent exposure) El FT 18 Pa.C.S. §3129 EJ (relating to sexual intercourse with animals) FT 18 Pa.C.S. §3130 FT (relating to conduct relating to sex offenders) FT 18 Pa.C.S. §3301 fl (relating to arson and related offenses) FT 3.8 Pa.C.S. §4302 (relating to incest) FT 18 Pa.C.S. §4303 FT (relating to concealing death of child) FT 18 Pa.C.S. §4304 (relating to endangering welfare of children) FT 18 Pa.C.S. §4305 (relating to dealing in infant children) FT 18 Pa.C.S. §5902(b) FT (relating to prostitution and related offenses) FT 18 Pa.C.S. §5903 FT (c) or (d) (relating to obscene and other sexual materials and performances) FT 18 Pa.C.S. §6301 (relating to corruption of minors) FT FT 18 Pa.C.S. §6312 (relating to sexual abuse of children) FT 18 Pa.C.S. §6318 frelating to unlawful contact with minor) FT FT 18 Pa.C.S. §6320 [7] FT (relating to sexual exploitation of children) FT 23 Pa.C.S. §6114 (relating to contempt for violation of Protection order or agreement) FT Driving under the influence of drugs or alcohol FT Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply FT A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction FT Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in Self Other household member FT Date another jurisdiction IT Other: 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child : 5. If you are aware that the other party or members of the party's household has or have a criminal / abuse history, please explain: I verify that the information above is true and correct to the best of my knowledge information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature fri Printed Name STEVEN MICHAEL FRY : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. REBECCA MCKINLEY FRY DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA 2009-5962 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 12, 2014 , 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 Tuesday, October 07, 2014 1:30 PM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esqvr 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. COefeS tee/ 9 Valcial 5/ ("q /1C.P Ve(Peji Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ! rT-1 cnr- -< . f ' r • tr STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION — LAW REVECCA MCKINLEY FRY, : Defendant : NO. 09-5962 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF and DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of September, 2014, upon consideration of Plaintiff's Petition for Special Relief and Defendant's Petition for Special Relief, and motions to make rule absolute, these matters are referred to Jacqueline Verney, Esquire, for a custody conciliation and proposed order to this Court. Ms. Verney is further requested to make a recommendation to this Court regarding whether a hearing is necessary with regard to the petition for contempt or whether that matter may be settled through resolution of the custody dispute before her in the petitions for special relief filed by both parties. Steven Fry 1 N. Pitt Street Apt. 12 Carlisle, PA 17013 Plaintiff, pro Se r<1 0. Williams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant C C.1 jccLsk :rc C.Opiks" cp/11.,fy) BY THE COURT, Chris e L. Peck, STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • V. : NO. 2009-5962 CIVIL ACTION—L5V REBECCA MCKINLEY FRY, rri • Defendant : IN CUSTODY M cn > 2: C.:? PRAECIPE TO ENTER APPEARANCE C/) m ry v) CJJ c) C) To the Prothonotary: Please enter the appearance of the Community Law Clinic on behalf of the Plaintiff, Steven Michael Fry, in the above captioned matter. September 25, 2014 .e a R-gt David A. Hlatky Certified Legal Intern Megan /* . Riesmeyer Supervising Attorney COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : : NO. 2009-5962 CIVIL ACTION—LAW) REBECCA MCKINLEY FRY, : -u 2: ---i Defendant : IN CUSTODY mu) (/) --n m m rn -a 7.i-- .1rT, u)r- n) cn CD I-1'= <CD --- • CERTIFICATE OF SERVICE --- (--, ---,; -‹ CD , -r: I, David A. Hlatky, Certified Legal Intern, Community Law Clinic, hereby certify that I • served a true and correct copy of the Praecipe To Enter Appearance upon the following by first class mail on September 25, 2014. Jacqueline Verney, Esquire Carrucoli & Associates 44 South Hanover Street Carlisle, PA 17013 Brain 0. Williams, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 David A. Hlatil4c}/(14C; tk Certified Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 STEVEN MICHAEL FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION—LAW v. : CUSTODY REBECCA MCKINLEY FRY, Defendant : NO. 2009-5962 ORDER OF COURT AND NOW, this /WA, day of , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 16, 2013 and the addition dated January 21, 2014 are hereby vacated. The following actions and/or Orders are hereby withdrawn or vacated: Defendant's Petition for Special Relief dated June 27, 2014; Court Order for Plaintiff to Show Cause dated July 7, 2014; Plaintiff's Petition for Special Relief dated July 10, 2014; Court Order for Defendant to Show Cause dated July 15, 2014; Plaintiff's Petition to Grant Plaintiff's special Relief dated August 25, 2014; Defendant's Motion to Make Rule Absolute dated August 29, 2014; Plaintiff's Petition for Contempt dated September 4, 2014. 2. The Father, Steven Michael Fry, and the Mother, Rebecca McKinley Fry, shall have shared legal custody of Devon Michael Fry, born June 9, 2009, and Jenna Lee Foose, born October 30, 2011. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education, and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including,but not limited to, medical, dental, religious, or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to, medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the children. 4. Father shall have periods of partial physical custody as follows: A. During the school year, alternating weekends from Friday at 5:00 p.m. until Sunday at 5:00 p.m. On the weekends the Father does not have visitation, Father shall have the children on Sunday from 12:00 p.m. to 5:00 p.m. • B. During the summer, week on/week off with exchanges on Sunday at 5:00 p.m. Father shall start the rotation on the first Sunday after school recesses. The non-custodial parent shall have a period of custody on Wednesdays from 4:00 p.m. to 8:00 p.m. 5. Holidays shall take precedence over the regular schedule: A. Thanksgiving and Easter shall be shared such that the Mother will have physical custody of the children until 1:00 p.m., and Father shall have physical custody from 1:00 p.m. to 6:00 p.m. B. Christmas shall be divided into two blocks. Block A shall be from 1:00 p.m. on Christmas Eve to 1:00 p.m. on Christmas Day. Block B shall be from 1:00 p.m. on Christmas Day to 1:00 p.m. December 26. Mother shall have Block A in odd years and Block B in even numbered years. Father shall have block A in even numbered years and Block B in odd numbered years. C. New Year's shall be divided into two blocks. Block A shall be from 1:00 p.m. on New Year's Eve to 1:00 p.m. New Year's Day. Block B shall be from 1:00 p.m. on New Year's Day to 1:00 p.m. January 2. Father shall have Block A in odd numbered years and Block B in even numbered years. Mother shall have Block A in even numbered years and Block B in odd numbered years. D. The remaining Christmas holiday shall be divided evenly by the parties. E. Mother shall have physical custody of the children on Mother's Day from 9:00 a.m. to 5:00 p.m., and Father shall have physical custody on Father's Day from 9:00 a.m. to 5:00 p.m. F. Memorial Day, July 4th, and Labor Day shall be alternated with Father having Memorial Day in 2014 and alternating thereafter. The July 4th holiday shall be defined as 9:00 a.m. July 3 until 9:00 a.m. July 5. The Memorial Day and Labor Day holidays shall be defined as 9:00 a.m. the day before the holiday to 7:30 p.m. the day before school resumes. 6. The parties shall have liberal telephone contact with the children which shall be one time per day at 7:30 p.m. The custodial parent shall return the phone call, at the earliest convenience, if the call is missed. 7. Mother shall be responsible for all transportation until Father obtains transportation. Once Father obtains transportation, the parties shall share transportation with the receiving party transporting. Maternal Grandmother may not transport the children unless accompanied by Mother. 8. Neither party shall do, nor permit a third party to do, or say anything that would estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. The parties shall honor a "No Conflict" zone around the children. 9. RELOCATION: No party shall be permitted to relocate the residence of the children which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the children consents to the proposed relocation or the court approves the relocation. A person proposing to relocate MUST comply with 23 Pa.C.S. §5337. Parties must inform each other of changes in address and/or changes to members of the household. 10. Father shall not consume any alcoholic beverages before or during his custodial periods. 11. This order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, VstYlee L. Peck, J. cc: Community Law Clinic 45 N. Pitt St. -0 rti Carlisle, PA PA 17013 rn (24 Attorney for Plaintiff z r- •—• C-11 imp c:D •• Brian 0. Williams 17 W. South St. •• Carlisle, PA 17013 40 7i Attorney for defendant tlepi e5 1tole.1 4c/, if STEVEN MICHAEL FRY, :IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. • REBECCA MCKINLEY FRY, : NO. 2009-5962 CIVIL ACTION -LAW Defendant : IN CUSTODY PRIOR JUDGE: Christylee L.Peck,J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Devon Michael Fry June 9, 2009 Mother Jenna Lee Foose October 30, 2011 Mother 2. A Conciliation Conference was held on October 7, 2014 with the following in attendance: Father, Steven Michael Fry, with his counsel, David A. Hlatky, certified legal intern, Timothy Smith, Esquire, Community Law Clinic and the Mother, Rebecca McKinley Fry, with her counsel, Brian O. Williams, Esquire. 3. Both parties filed Petitions for Special Relief for which Rules to Show Cause were issued. Both parties petitioned for the Rules to become absolute. Father filed a Petition for Contempt. 4. The parties agreed to an Order in the form as attached. Date: `v'7-/ ` acq line M. Verney, Esquire Custody Conciliator