HomeMy WebLinkAbout01-4861TRISHA D. ESLINGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
WESLEY A. FRY,
Defendant
CIVIL ACTION - LAW
/
: IN CUSTODY
CIVIL TERM
PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHER
JURISDICTION PURSUANT TO 23 PA.C.S.A. §5356
Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code,
relating to Uniform Child Custody Jurisdiction Act, please file of record the attached certified
Order of Court, dated October 21, 1992, from the Court of Common Pleas of Perry County,
Pennsylvania, is attached hereto.
Respectfully submitted,
Marylo~ias, Esqu'~re
Attorney Jbr Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
TRISMA D. FRY,
Petitioner
WESLEY A. FRY,
Respondent
IN THE COURT OF COMMON PLEAS
THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
PERRY COUNTY BRANCH
CIVIL ACTION - CUSTODY
91-1088
IN CUSTODY
OF
and
upon
that
ORDER OF COURT
AND NOW. this ~I(Jday of ffC~l,,~/ , 1992, upon presentation
consideration of the attached stipulation and agreement and
a~reement of the parties~ it is hereby ordered and decreed
the attached agreement is made an Order of Co~rt.
BY THE COURT,
J o
TRI SHAD.
WESLEY A.
FRY,
Petitioner
FRY,
Respondent
: IN THE COURT OF COMMON PLEAS
THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
PERRY COUNTY BRANCH
:
CIVIL ACTION - CUSTODY
:
91-1088
:
IN CUSTODY
OF
STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between Wesley A. Fry (herein-
after referred to as "Father") and TRISHA D. FRY (hereitiafter
referred to as "Mother").
WHEREAS, the parties had born to them two (2)
children, namely Kira Mikell Fry, born June 14, 1985; and
Anastasia Janette Fry, born July 14, 1988.
WHEREAS, the parties wish to enter into an ag. eement
relative to the custody and partial custody of the childre~ ,
NOW, THEREFORE, in consideration of the uutual
covenants, promises and agreements as hereinafter set for it, the
parties agree as follows:
1. The parties shall have joint legal custody of the
children.
2. The Mother shall have primary physical custody of !
children, subject to Father's periods of temporary physic
custody as follows:
A. Every other weekend from Friday at 6:00 P.M. un{
Sunday at 6:00 P.M.
Every other holiday of New Years Day, EasteJ
Memorial Day, July 4th and Labor Day, beginni,
with Easter Sunday, 1993;
Thanksgiving Day from 3:00 P.M. until
after Thanksgiving at 6:00 P.M.;
D. On Christmas, from 3:00 P.M. on Christmas Day unt
6:00 P.M. on December 30;
- ~"~m~r. for the l~
F. On Father's Day.
Mother shall have the children on Mother's Day a
all holidays will control the weekend schedule
where there is a conflict.
F. Father will provide transportation for the children
· 2
for his periods of visitation, unless Mother agrees
otherwise.
3. The parties will notify each other immediately in c scs
of medical emergencies that occur while the children are in .mir
custody.
4. The parties agree and desire that this agreement be ade
an Order of Court.
5. Any modification or waiver of any of the p~ovisioJ, of
this agreement shall be effective only if made in writin~ and
only if executed with the same formality of this agreement.
6. Neither parent shall do anything which may estran: the
children from the other parent or injure the opinion o the
children as to the other parent, or which may hamper the ,'me
and natural development of the children's love or affectio; For
the other parent.
7. The parties agree that in making this agreement, ~re
has been no fraud, concealment, overreaching, coercion, or ;let
unfair dealing on the part of the other.
8. This agreement shall become an Order of Court, wi ~he
parties agreeing that Perry County Court of Common Pleas shall
retain jurisdiction should circumstances change and either p~rty
desire or require modification of said Order.
IN WITNESS WHEREOF, the parties hereto,
legally hound by t'he terms hereof, set forth
seals the day and year herein set forth.
intending to be
their hands and
WITNESSETH:
Date
\O-I~-q~
Date
Wes 1 e) ._(SEAL)
Trisha D. Fry ~ (SE~L)
STATE OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
On this, the /~/~'~day of October, 1992, befor me,
the undersigned officer, personally appeared Wesley 3 Fry,
known to me (or satisfactorily proven) to be the ~ 'rson
whose name is subscribed to the within instrument, and a now-
ledged that he executed same for the purposes therein conta] ed.
seal.
IN WITNESS WHEREOF, I hereunto set
my hand and off cial
STATE OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
No,anal
DaV, d De Ha~ HUd.". Notas'
Cadisle Eom, Cumbe.,'ta~ County
My Oomml~ Expires ,,~dl 3.
· tL)
On this, the /~Tn' day of October, 1992, before me, the
undersigned officer, personally appeared Trisha D. Fry; known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged thai she
executed same for the purposes therein contained.
sea].
IN WITNESS WHEREOF,
I hereunto set my hand and of I~cial
(.EAL)
TRISHA D. ESLINGER,
Plaintiff
Vo
WESLEY A. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-4861 CIVIL TERM
: IN CUSTODY
ORDER OF COURT
AND NOW, this day of ,2001, upon consideration of
the attached Complaint, it is hereby directed that the parties and their respective counsel appear
before . Esauire the conciliator, at
, Cumberland County, Pennsylvania, on the _ day of
,2001, at .m., for a Pre-Hearing Custody
Conference. At such conference an effort will be made to resolve the issues in dispute, or if this
cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into
a temporary Order. All children age five or older may also be present at the conference. Failure to
appear at the conference may provide grounds for entry ora temporary or permanent Order.
BY THE COURT:
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing or
business before the Court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
CARLISLE, PA 17013
(717) 240-3166
TRISHA D. ESLINGER,
Plaintiff
WESLEY A. FRY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 01-4861 CIVIL TERM
: IN CUSTODY
PETITION FOR MODIFICATION OF CUSTODy
AND NOW, comes Petitioner, Trisha D. Eslinger, by and through her legal counsel of
record, Marylou Matas, Esquire, and petitions the Court as follows:
Your Petitioner is the above-named Plaintiff, Trisha D. Eslinger, an adult
individual currently residing at 806 Green Acres Street, Mechanicsburg,
Cumberland County, Pennsylvania.
Your Respondent is the above-named Defendant, Wesley A. Fry, an adult
individual currently residing at 135 East Creek Road, Newburg, Cumberland
County, Pennsylvania.
o
The parties are the natural parents of two (2) children, namely, Klm Mikell Fry,
bom June 14, 1985, and Anastasia Janette Fry, bom July 14, 1988.
The parties are subject to an Order of Court relative to the custody of their
children entered in the Court of Common Pleas of the 41st Judicial District of
Pennsylvania, Perry County, dated October 21, 1992, and filed of record with the
Court of Common Pleas of Cumberland County, Pennsylvania, through a Praecipe
to file a Custody Decree of another Jurisdiction, a copy of which Praecipe and
Order are attached hereto and incorporated herein by reference as Exhibit "A" and
"B" respectively.
Since the entry of the prior Order, the children have continued to reside in
Cumberland County thus providing this Court with jurisdiction of these
proceedings.
o
It is in the best interest and permanent welfare of the children to be in Petitioner's
primary physical custody for the following reasons:
a.)
With the exception of a brief period in May and June of 2001, Petitioner
always has had primary custody of the children.
b.)
Until the spring of 2001, Respondent last had contact with the children in the
fall of 1999.
c.)
d.)
In April 2001, Petitioner discovered that the oldest child, Kira, was abusing
chugs and alcohol and engaged in sexual activity.
At that time, Petitioner also discovered that Kira contacted Respondent in
March 2001.
e.)
f.)
Kira informed Petitioner that she wanted to live with Respondent and did so
for approximately two months before returning to Petitioner's residence.
Kira reported to Petitioner that while at Respondent's residence, there was
constant fighting and name calling, that Respondent drank excessively and
g.)
Respondent refused to involve the child in counseling, as agreed between the
parties, or refill her necessary medication.
On or about June 2, 2001, while in Respondent's care, Kira was admitted to
the hospital with a blood alcohol content of 0.07%. Kira had been drinking
with friends at a third party's residence and alter was dropped offunconscious
at a video arcade store. The owner called police. Kira was cited for underage
drinking and taken to the hospital. When Respondent arrived at the hospital, a
police officer suggested that Respondent contact Petitioner. Respondent
refused. Petitioner only learned of this incident after Kira returned to her
residence.
h.)
i.)
j.)
During this time period the youngest daughter, Anastasia, remained at
Petitioner's residence and had only one contact with Respondent, when she
visited her sister in June at Respondent's residence.
Respondent allegedly told Kira that he questioned whether, in fact, Anastasia
was his child. This statement, although not tree, upset Kira very much.
The children continue to reside primarily with Petitioner and have no contact
with Respondent.
k.)
Petitioner attempted to negotiate a Custody Stipulation and Agreement with
Respondent to reflect this status quo and Respondent refuses to cooperate.
WHEREFORE, Petitioner requests your Honorable Court to modify the prior Order of
Court in this matter and provide her with sole legal and physical custody of the children.
Respectfully submitted,
orney fo~ Petitioner/Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:
TRISHA D. ESLINGER, Plaintiff
TR.[SHA D. ESLINGER,
Plaintiff
WESLEY A. FRY,
Defendant
: IN THE COURT OF C01vtMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CML ACTION - LAW
NO. ~/-
IN CUSTODY
CIVIL TERM
PRAECIPE TO FILE A CUSTODY DECREE OF ANOTHEg
,IU-RISDICriON PURSUANT TO 23 PA.C.S.A. §5356
Pursuant to 23 Pa.C.S.A. §5356 and 23 Pa.C.S.A. §5364 of the Domestic Relations Code,
rela-t/ng to'unffom Clff~d CUStody Surisch-ct/on ACt, pleaSe'file of record the attached
Order of Court, dated October 21, 1992, from the Court of Common Pleas of Perry County,
Pennsylvania, is attached hereto.
Respectfully submitted,
Marylo~ras, Esqmre
Attorney.~br Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle. PA 17013
(717) 243-5551
(800) 347-5552
TRISHA D. FRY,
Petitioner
WESLEY A. FRY,
Respondent
: IN THE COURT OF COMMON PLEAS
THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
PERRY COUNTY BRANCH
:
CIVIL ACTION - CUSTODY
:
91-1088
:
IN CUSTODY
OF
and
upon
that
ORDER OF COURT
consideration of the attached stipulation and a~reement and
a~reement of the parties, it is hereby ordered and decreed
the attached a~reement is made an Order of Court.
BY THE COURT,
TRISHA D.
WESLE? A.
FRY,
Petitioner
FRY,
Respondent
IN THE COURT OF COMMON PLEAS
THE 41ST JUDICIAL DISTRICT
OF PENNSYLVANIA
PERRY COb~TY BRANCH
CIVIL ACTION - CUSTODY
91-1088
IN CUSTODY
OF '
STIPULATION AND AGREEMENT
THIS AGREEMENT AND STIPULATION entered into the day and year
hereinafter set forth, by and between Wesley A. Fry (hurein-
after referred to as "Father") and TRISHA D. FRY (herei~iafter
referred to as "Mother")·
WHEREAS, the parties had born to them two (2)
children, namely Kira Mikell Fry, born June 14, 1985; and
Anastasia Janette Fry, born July 14, 1988.
WHEREAS, the parties wish to enter into an a~,eement
relative to the custody and partial custody of the childre: ·
NOW, THEREFORE, in consideration of the sutual
covenants, promises and a~reements as hereinafter set for h, the
parties a~ree as follows:
1. The parties 'shall have joint legal custody of the
children.
2. The Mother shall have primary physical custody of
children, subject to Father's Periods of temporary physic
custody as follows:
A. Every other weekend from Friday at 6:00 P.M. unl
Sunday at 6:00
Every other holiday of New Years Day, Easter
MemOrial Day, July 4th and Labor Day, beginni~
with Easter Sunday, 1993;
........ C'~ Th~ksg[~i~ Day -fFbm 3:~0 P'M~' u~til the t'
after Thanksgiving at 6:00 P.M.;
D. On Christmas, from 3:00 P.M. on Christmas Day unt
6:00 P.M. on December 30;
~.~j~) F'T"'~r. rot the T~* t.. r?) .~.~. _, .
F. On Father's Day.
Mother shall have the children on Mother's Day a
all holidays will control the weekend schedule
where there is a conflict.
F. Father will provide transportation for the children
2
for his periods
otherwise.
3. The parties will not/fy each other immediately in c scs
of medical emergencies that occur while the children are in ' eir
of. visitation, unless Mother
custody.
4. The parties agree and desire that this acreement be
an Order of Court.
a;~ ees
adc
5. Any modification or waiver of any of the provisioJ, of
this agreement shall be effective only if made in ,ritin~ and
only if executed with the same formality of this agreement.
6. Neither parent shall do anything which may estran: the
children from the other parent or injure the opinion o. the
children as to the other parent, or which may hamper the tee
and natural development of the children's love or affectio;. For
the other parent.
7. The parties agree that in making this agreement, ' ~re
has been no fraud, concealment, overreaching, coercion, or i~er
unfair dealing on the part of the other.
8. This agreement shall become an Order of Court, wi 'he
parties agreeing that Perry County Court of Common Pleas shall
retain Jurisdiction should circumstances change and either party
desire or require mod/ficati.on of Said Order.
IX WITNESS WHEREOF, the parties hereto, intending to be
legally bound by t'~e terms hereof, set forth their hands and
seals the day and year herein set forth.
WITNESSETH:
Date
\0- t L~- ~'~.
D~.te
Trisha D. Fry ~'~-
_(SEAL)
(SE~L)
STATE OF PENNSYLVANIA :
: SS:
COUNTY OF CUMBERLAND :
On
the
known
whose
led~ed
this, the /~'~day of October, 1992, befor
seal.
undersigned officer, Personally appeared Wesley
to me (or satisfactorily proven) to be
name is subscribed to the within instrument,
that he executed ssme for
~e~
A Fry,
the 'rson
and a now~
conta~ ed.
and off cial
IN WITNESS WHEREOF,
the purposes therein
I hereunto set my hand
STATE OF PENNSYLVANIA
COUNTy OF CUMBERLAND
SS:
On this, the /CT"- day of October, I992, before me, the
undersigned officer, Personally appeared Trisha D. Fry; known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowled~ed that she
same for the purposes therein contained.
executed
IN WITNESS WHEREOF,
seal.
I hereunto set my hand and off'cial
TRISHA D. ESLINGER
. PLAINTIFF
V.
WESLEY A. FRY
DEFENDANT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-4861 CIVIL ACTION LAW
IN CUSTODY
AND NOW, Friday, September 07, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, October 10, 2001 at 8:30 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry ufa 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/ ]acqueline M. Verney. Esq'_
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
AB arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or heating.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
TRISHA D. ESLINGER,
Plaintiff
V.
WESLEY A. FRY,
Defendant
O~T I 0 ~0~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
: NO. 2001-4861 CIVIL TERM
:
: CIVIL ACTION - LAW
:
: IN CUSTODY
ORDER OF COURT
AND NOW, this [~ day of ~[~[~/g~,. 2001, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The Mother, Trisha d. Eslinger, shall have sole legal custody of Kira
Mikell Fry, bom June 14, 1985 and Anastasia Janette Fry, bom July 14, 1988.
2. The Mother shall have sole physical custody of the children.
3. This Order is entered pursuant to the agreement of the parties reached at 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.
cc: Marylou Matas, Esquire, Counsel for Mother
Wesley A. Fry, pro se
135 East Creek Road
Newburg, PA 17240
~ ~ /0-/4. O/
OCT 1 0 20 A'
TRISHA D. ESLINGER,
Plaintiff
V.
WESLEY A. FRY,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2001-4861 CIVIL TERM
:
: 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 conceming the Children who are the subject of
this litigation is as follows:
NAME
DATE OF BIRTH CURRENTLY 1N CUSTODY OF
Kira Mikell Fry
Anastasia Janette Fry
June 14, 1985 Mother
July 14, 1988 Mother
2. A Conciliation Conference was held in this matter on October 10, 2001,
with the following individuals in attendance: The Mother, Trisha D. Eslinger, with her
counsel, Marylou Matas, Esquire and the Father, Wesley A. Fry, pro se.
3. A prior Order of Court in the Court of Common Pleas of the 41st District, Perry
County Branch was previously entered by the Honorable Keith Quigley on October 21,
1992 wherein the parties shared legal custody and Mother had primary physical custody
with Father having periods of partial custody on alternating weekends and holidays.
3. The parties agreed to entry of an Order in the form as attached.
Date
Vemey, Esquire
Custody Conciliator