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HomeMy WebLinkAbout10-3810CHRISTOPHER S. FRYER, SR.,, Plaintiff V. TERRI L. FRYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C-) NO . n CIVIL ACTION - CHILD CUST-ODY-r, COMPLAINT IN CUSTODY ohn M.err 5020 Ritter Road suite 109 Mechanicsburg, PA Voss PHONE: 717.766.4008 FAx: 717.766.4066 1. Plaintiff is Christopher S. Fryer, Sr., an adult individual residing at 32 St. John's Road, Camp Hill, Pennsylvania 17011 (hereinafter, "Father") 2. Defendant is Terri L. Fryer, an adult individual who is residing temporarily at 119 Portland Avenue, Mechanicsburg, Pennsylvania 17055, but who receives mail at P.O. Box 34, Mechanicsburg, Pennsylvania 17055 (hereinafter, "Mother"). 3. The parties are the natural parents of the following minor children: Avery W. Fryer and Christopher S. Fryer, Jr., born April 19, 2006, and Abigail L. Fryer, born March 25, 2008 (hereinafter, "the children").. 4. The children were not born out of wedlock. 5. The children are presently in the custody of Plaintiff, who resides at 32 St. John's Road, Camp Hill, Cumberland County, Pennsylvania 17011 6. During the past five years, the children have resided with the following persons and at the following addresses: Names Addresses Dates Christopher S. Fryer, Sr. 32 St. John's Road 5/26/10 - present Camp Hill, PA 17011 Christopher S. Fryer, Sr. 32 St. John's Road 4/19/06 - 5/26/10 Terri L. Fryer Camp Hill, PA 17011 /G x/27 7. The mother of the child is Defendant, Terry L. Fryer, who resides temporarily with her paramour, Douglas Lynn, at 119 Portland Avenue, Mechanicsburg, Pennsylvania 17055. She is married. 8. The father of the child is Plaintiff, Christopher S. Fryer, Sr., who resides with the children at 32 St. John's Road, Camp Hill, Pennsylvania 17011. He is married. 9. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the following persons: Name Relationship No one other than himself and the children 10. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following persons: Name Relationship Douglas Lynn Paramour 11. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 12. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has O5020 Ritter Road suite 109 Mechanicsburg. PA 17055 PRorm: 717.766.4008 Fnx: 717.766.4066 physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) On or about May 26, 2010, Defendant Mother abandoned her marital home and left the children in the custody of Plaintiff father; b) Mother does not have a stable residence. Upon information and belief, she is staying with Douglas Lynn, a paramour, as she looks for her own apartment; c) Plaintiff Father does not want his children spending time or overnights at the residence of Douglas Lynn, his wife's paramour, as he knows nothing about him or the physical environment at his residence. It would not be in the childrens' best interest; d) Mother has been permitted to freely return to the marital home for periods of visitation with the children; and e) The emotional, physical and/or spiritual development of the children will be enhanced by granting primary physical custody of the children to Plaintiff Father, subject to visitation by Defendant Mother or periods of partial custody only after she has obtained her own apartment. law Offire of ohn M.?err 5020 Ritter Road Suite 109 Med1a=SbUr$, PA 17055 Pliow: 717.766.4008 FAx: 717.766.4066 WHEREFORE, Plaintiff requests that the Court grant to him primary physical custody and joint legal custody of the children, Avery W. Fryer, Christopher S. Fryer, Jr., and Abigail L. Fryer. Dated: June 7, 2010 Respectfully submitted, Joh M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Christopher S. Fryer, Jr. VERIFICATION The undersigned, Christopher S. Fryer, Sr., hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification, and that any factual statements contained in the preceding Custody Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Christoph r S. rye r, Sr. CHRISTOPHER S. FRYER, SR. PLArN~rlr-~1- ~~. TERRI L. FRYER DT~:FE:NOANT IN THE COURT OF COMMC>N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-3810 CIVIL ACTION LAW IN CUSTODY ORI)F..R OF COURT AND NOW, Monday, June 14, 2010 _, upon consideration of the attached Complaint, it is hcrcb~~ directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County_Courthouse, Carlisle on Thursday, July O1, 2010 _ _ at _,9:30 AM _..._.- . fir a Pre-1 {~arin~~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot he 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, Suecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin;.~. FOR THE; COURT, Bv: /s/ ac ueline M. Verne Es _ Custody Conciliator The Court of Canmon 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 a~ailahle to disabled individuals having business before the court, please contact our offrce. All arrangements must be made at least 72 ]lours prior to any hearing or business before the court. You must attend the scheduled cimfcrence i~r hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY A'{' ONCE. IF YOU DO NOT HAV1=: AN AT"I~ORNEY OR CANNOT AFFOKD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR"fH BF_.LOW TO FIND OUT WFIERE YOU CAN GET LEGAL f-IELP. ~ Cumberland County Bar Association [o• 15.1 O C,tt'-~. C~oQc~, Mov-~ r? ~' O 3? South Bedford Street ~ Carlisle, Pennsylvania 17013 <-~ !? rs~. rn~.+ t,ed ~ ~ -- ~,~~-,~O ~p~ '~"O Telephone (7l7) 249-3166-- '~'~--' ~Q-~~-, `_ ~ - l~ • ~ s • t o cop ~1Qc~.,c~ ~ n ~ V~c-n s -~ le.. X ~, :.` C- :~ CHRISTOPHER S. FRYER, SR., Plaintiff vs. TERRI L. FRYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3810 n CIVIL ACTION -CUSTODY ~~ PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: '^[7 Lr ~! ~.: ` "' ` ~. ~;: ~-- t_.: :~~ a ~ _T_ :s.. lil~ °r :`7i NCC? "r) C~? ~+ `, r 7^, =~ -? ~. ; r ~~ ~ =+ ~-~e Please enter my appearance on behalf of the Defendant, Terri L. Fryer, in the above-referenced matter. DATE: ~~~ ~~,~ Diane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 1 7 1 1 2-0443 (717)671-9600 BakerLawOffice(a~aol.com i• JUN 2 8 2010 CHRISTOPHER S. FRYER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.2010-3810 CIVIL ACTION -LAW TERRI L. FRYER, Defendant : IN CUSTODY c3 ~ ~~~ cy o f R~~ rr.A_~. l ~ ~r1 C._.) ~..{... 1 ~ i -.~ ~ ~i ORDER OF COURT ~;~ ~::: . _ ' `=~ ~ ' -- , ~ ~ AND NOW, this ~D~'`"day of , 2010, upon ~ ~: ~ _~ consideration of the attached Custody Concilia ion Report, it is ordered and directed as ~ follows: 1. A Hearing is scheduled in Court,~oom No. ~, of the Cumberland County Court House, on the o 'today of (J , 2010, at ~.' 3t~ o'clock, ~. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in full force and effect. 3. The Father, Christopher S. Fryer, Sr. and the Mother, Terri L. Fryer, shall have shared legal custody of Avery W. Fryer, born April 19, 2006, Christopher S. Fryer, Jr., born April 19, 2006 and Abigail L. Fryer, born March 25, 2008. 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. 4. Father shall have primary physical custody of the children. 5. Mother shall have the following periods of partial physical custody: A. Beginning July 9, 2010, alternating weekends from Friday at 4:00 p.m. when Mother shall pick up the children from daycare to Monday morning when Mother shall drop off the children at daycare. B. Beginning July 7, 2010, every Wednesday from 4:00 p.m. when Mother shall pick up the children from daycare to Thursday morning when Mother shall drop off the children at daycare. C. Such other times as the parties agree. 6. 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. 7. The parties shall have reasonable telephone contact with the children. 8. 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, cL~ M. Kerr Es uire Counsel for Father q Diane Sommers Baker, Esquire, Counsel for Mother I~QS rn~.t ~~c~ L f ~C~~4 ~.-~ CHRISTOPHER S. FRYER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. TERRI L. FRYER, Defendant PRIOR JUDGE: None N0.2010-3810 CIVIL ACTION -LAW IN CUSTODY 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 Avery W. Fryer April 19, 2006 Father Christopher S. Fryer, Jr. April 19, 2006 Father Abigail L. Fryer March 25, 2008 Father 2. A Conciliation Conference was held June 28, 2010 with the following individuals in attendance: The Father, Christopher S. Fryer, Sr., with his counsel, John M. Kerr, Esquire, and the Mother, Terri L. Fryer, with her counsel, Diane Sommers Baker, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and primary physical custody, with Mother having alternating weekends. Father asserts that Mother abandoned the children. He maintains that Mother has mental health issues. She may be suffering from Post Traumatic Stress or Bi-Polar Disease. Father asserts that Mother has abandoned the family 5 times in a year. During an abandonment period in April, 2010, Mother purportedly relinquished her custody rights to the children. Father seeks the right to inspect Mother's new apartment to assure that it is appropriate for the three children. 4. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the children with Father having alternating weekends. She asserts that she has left the family residence due to an abusive, controlling relationship with Father. She believes leaving the volatile situation was in the children's best interest. She denies abandoning the children. She has had contact with them since the most recent separation in accord with Father's schedule. Mother denies any prior mental health diagnosis. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an interim Order pending a hearing. Neither party agrees with the terms of the temporary Order. It is expected that the Hearing will require one day. Date Jac eline M. Verney, Esquire Custody Conciliator CHRISTOPHER S. FRYER, SR., TERRI L. FRYER, PLAINTIFF vs. DEFENDANT IN THE COURT OF COMMON PLEAS OF_ CUMBERLAND COUNTY, PENNSYI~Al~~`r+ a 4 ,~ . ~= ~~ . NO. 2010-3810 ~ ~ ~ ~ ~~' CIVIL ACTION -LAW ACTION FOR CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE ' ..- ~ 0 Please withdraw my appearance on behalf of the Plaintiff, Christopher S. Fryer, Sr. Respectfully submitted, Dated: ~i ~_, 2010 Jo .Kerr, Esquire Co sel for Plaintiff PA I.D. # 26414 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (71.7) 766-4008 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Christopher S. Fryer, Sr. Respectfully submitted, Law Firm of Susan Kay Candiello, P.C. Dated• V , 2010 Susan Kay Counsel fa PA I.D. # ~~ 4010 Glenfinnan Place Mechanicsburg, PA 17055 (717) 724-2278 CHRISTOPHER S. FRYER, SR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRI L. FRYER, DEFENDANT NO. 10-3810 CIVIL IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 22nd day of November, 2010, upon consideration of the information provided to this Court by Counsel for Defendant, IT IS HEREBY ORDERED AND DIRECTED that a status conference with Counsel will be held on Wednesday, December 1, 2010, at 8:30 a.m. in Chambers of Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 1*111? M. L. Ebert, Jr., Susan Kay Candiello, Esquire Attorney for Plaintiff Diane Baker, Esquire Attorney for Defendant bas Co p'. e5 MA, (d ) I l aaj1v 1?19t- J. C") c r., C= .? m o r=- r -< > N OCR r- :z -to ?C:) C-) 't7 x 0? pc N z °M -- i ? u7 -C ' Z I J CHRISTOPHER S. FRYER, SR., PLAINTIFF VS. TERRI L. FRYER, DEFENDANT S : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA C'1 N : NO. 2010-3810 CIVIL TERM CIVIL ACTION -LAW = -vrrn : ACTION FOR CUSTODY C )l )R AGREED ORD The Plaintiff (hereinafter sometimes referred to as "Father") - -, o o-6 CUST DY-., is CHRISTOPHRR I. FRYER, JR., 32 St. John's Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The Defendant (hereinafter sometimes referred to as "Mother") is TERRI L. FRYER, who currently resides at 33d William Penn Drive, P.O. 34, Mechanicsburg, Cumberland County, Pennsylvania, 17055. AVERY W. FRYER, born on April 19, 2006, (hereinafter sometimes referred to as "Avery"), CHRISTOPHER S. FRYER, JR., born on April 19, 2006, (hereinafter sometimes referred to as "Christopher Jr."), are the natural sons of Father and Mother, ABIGAIL L. FRYER, born on March 25, 2008, (hereinafter sometimes referred to as "Abby"), is the natural daughter of the Father and Mother. These children are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of Avery, Christopher Jr. and Abby to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided they are in a safe environment. WHEREFORE, Plaintiff, CHRISTOPHER S. FRYER, SR., and Defendant, TERRY L. FRYER, have entered into a mutual agreement regarding the custody of Avery, Christopher, Jr. and Abby and respectfully request this Honorable Court to enter the following Order: 1. FATHER and MOTHER shall SHARE LEGAL CUSTODY (as defined in 23 Pa.C.S.A. Section 5302) of the minor children, AVERY W. FRYER, CHRISTOPHER S. FRYER, JR. and ABIGAIL L. FRYER. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree to communicate with each other and not to use the children to avoid communication with the other parent. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attend as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. FATHER and MOTHER shall SHARE PHYSICAL CUSTODY the minor children, AVERY W. FRYER, CHRISTOPHER S. FRYER, JR. and ABIGAIL L. FRYER. according to the following schedule: A. Father shall have the children every Monday beginning when the children go to day care through Wednesday morning when Father takes the children to day care. Mother shall have the children beginning Wednesday morning when the children go to day care through Friday when the parent with the children for the weekend picks up the children at day care. The parents shall alternate weekends; the weekend shall begin Friday afternoon when the parent who has the weekend with the children picks up the children from day care keeping the children through Monday morning when the custodial parent takes the children to day care. ,oat/ ? all t'gAA B. When teen begin school, the physical custody schedule shall change. Father and Mother shall alternate weeks. Father and Mother shall each begin their week of visitation when they pick the children up from day care Friday afternoon. C. The parties shall alternate the following holidays. Father shall have the odd numbered holidays in the odd numbered years and the even numbered holidays in the even numbered years. Mother shall have the even numbered holidays in the odd numbered years and the odd numbered holidays in the even numbered years; 1) New Year's Eve and Day (determined by the year of New Year's Eve); 2) Memorial Day; 3) Independence Day; 4) Labor Day; 5) Thanksgiving Day. D. Easter; Father and Mother shall share the Easter holiday, but alternate annually, the times they share Easter. Easter shall be divided into two (2) schedules, A and B. In the odd numbered years Father and Mother shall observe Section A. In the even numbered years Father and Mother shall observe Section B. Should Father or Mother's family plan an event during the holiday season, that parent shall have the children to attend the holiday event with their family. Section A. Father shall have the children beginning the Saturday before Easter at 12:00 p.m. through Easter Sunday at 12:00 p.m. Mother shall have the children beginning Easter Sunday at 12:00 p.m. through the Monday after Easter at 12:00 p.m; Section B. Mother shall have the children beginning the Saturday before Easter at 12:00 p.m. through Easter Sunday at 12:00 p.m. Father shall have the children beginning Easter Sunday at 12:00 p.m. through the Monday after Easter at 12:00 p. m; E. Father and Mother shall share the Christmas holiday, but alternate annually, the times they share Christmas. Christmas shall be divided into two (2) schedules, A and B. In the even numbered years Father and Mother shall observe Section A. In the odd numbered years Father and Mother shall observe Section B. Should Father or Mother's family plan an event during the holiday season, that parent shall have the children to attend the holiday event with their family. Section A. Father shall have the children beginning December 24th at 12:00 p.m. through December 25th at 12:00 p.m. Mother shall have the children beginning December 25th 12:00 p.m. through December 26th at 12:00 p. m; Section B. Mother shall have the children beginning December 24th at 12:00 p.m. through December 25th at 12:00 p.m. Father shall have the children beginning December 25th 12:00 p.m. through December 26th at 12:00 p. m; F. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; G. If the parent with custody of the children is not able to care for the children for a period longer than three (3) hours, during their custodial period, that parent shall contact the other parent to offer them custody of the children before that parent obtains other child care for the children. H. Mother and Father shall each have the option of requesting one to two (1-2) non-consecutive weeks of vacation during the year with the children, providing a minimum of thirty (30) days' notice of the time requested is given to the other party. The parent making the request first for a specific time for vacation shall have that designated time for vacation. The parent taking the children on vacation shall provide other parent with a location(s) where the children will be and a telephone number to contact the children; I. Neither parent shall remove the children from the State of Pennsylvania, ? !7 Cthout the consent of the other parent The parent removing the children from the State of Pennsylvania shall provide the other parent with the times the children will be outside the State of Pennsylvania and the location and a telephone number the children can be reached at. J. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; K. All holidays, vacations, and specially designated times for visitation with the children shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow the children liberal communication with the non- custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with the children. 13. During any period of custody or visitation, the parents shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 15. CHARGES AND/OR CONVICTIONS Neither parent has been convicted of or has plead guilty or no contest to a criminal offense as set forth in 23 Pa.C.S.A. § 5303(b) and neither parent has been charged, convicted or plead guilty or no contest to an offense set forth in 23 Pa.C.S.A. § 5303(b.1) or §5303(b.2). Neither parent poses a risk of harm nor threat of harm to the children subject to this Custody Order. 16. The parent with physical custody of the children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which the children have become involved. 17. Mother and Father agree to provide each other with current information regarding the children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency the children interact with. 18. Mother and Father agree to share transportation equally. When exchanges must occur at the parents residences, Mother shall take the children to Father at the beginning of his period of custody and Father shall return the children to Mother's residence at the end of his period of custody. Mother and Father must always transport the children in appropriate and safe child car seats. 19. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. 20. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: 2010 OPHER R, SR. DATED: I , 2010 I _ TERRI L. RY ORDER OF COURTS ° AND NOW, this ?.? day of 1%4%06 'y „204-T, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, CHRISTOPHER S. FRYER, SR, and Defendant, TERRI L. FRYER, shall SHARE LEGAL and PHYSICAL CUSTODY of their minor children, AVERY W. FRYER, CHRISTOPHER S. FRYER, JR. and ABIGAIL L. FRYER, in accordance with the language contained in the within Stipulation. CHRISTOPHER S. FRYER, SR., : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA c VS. : NO. 2010-3810 CIVIL TERM Z? x ?rn TERRI L. FRYER, :CIVIL ACTION - LAW z .? -4° DEFENDANT . ACTION FOR CUSTODY ,ca a-n )PI C: Z - = zj drn =c BY THE COURT, J. Kay Oardiallo, Esq, Tervi L.. Fryer Owes I a'/ z 0 CHRISTOPHER S. FRYER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-3810 CIVIL TERM TERRI L. FRYER, CIVIL ACTION -LAW Defendant IN CUSTODY c-? PETITION TO WITHDRAW AS COUNSEL ` cv ?` r Co twt AND NOW comes Petitioning Counsel, Diane S. Baker, Esquire, attorney Defendant, Terri L. Fryer, who files this Petition to Withdraw Appearance and in s orf.- thereof avers as follows: 1. Defendant, Terri L. Fryer, is an adult individual who resides at 33d William Penn Drive, P.O. Box 34, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Christopher S. Fryer, Sr., is represented by Susan Kay Candiello, Esquire. 3. On or about June 11, 2010, Terri L. Fryer engaged the services of Diane S. Baker for her ongoing custody and divorce matters. 4. Since that date petitioning Counsel has represented Defendant in her ongoing litigations. 5. Defendant has failed to comply with the terms of her Fee Agreement and make the required monthly payments on her outstanding balance. 6. The Fee Agreement between Defendant and Petitioning Counsel allows Petitioning Counsel to withdraw as counsel if payment is not received for a period in excess of 45 days. 7. Petitioning Counsel requests leave of Court to withdraw as counsel. WHEREFORE, Petitioning Counsel, Diane S. Baker, Esquire respectfully requests this Honorable Court issue a Rule upon the Defendant to show cause why Petitioning Counsel should not be permitted to withdraw as counsel for Defendant, Terri L. Fryer. 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 I.D. No. 53200 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that on this IJ day of April, 2011, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Terri L. Fryer P.O. Box 34 Mechanicsburg, PA 17055-0034 and Susan Kay Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Respectfull ed, Diane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 CHRISTOPHER S. FRYER, SR., : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ._? NO. 10-3810 CIVIL zm V. ar -ar. CIVIL ACTION - LAW o emu- c' TERRI L. FRYER, r DEFENDANT IN DIVORCE = 75 ORDER OF COURT' AND NOW, this 20th day of April, 2011, upon consideration of the Petiti on to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Defendant will file an answer on or before May 11, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. By the Court, N1 U. - M. L. Ebert, Jr., J. Diane Baker, Esquire Petitioner Nei,Susann Candiello, Esquire II Attorney for Plaintiff j Terri Fryer, Defendant bas