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HomeMy WebLinkAbout05-2086Jason C. Fry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAT vi. CIVIL ACTION - LAW Megan Wheeler, No. 05 - 909 CIVIL Defendant IN CUSTODY COMPLAINT FOR CUSTODY 2. 3. The plaintiff is Jason C. Fry, residing at 81 Crane Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. The defendant is Megan Wheeler, believed to be living in Newport, Perry County, Pennsylvania. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Jacob C. Fry 81 Cranes Gap Rod 614104 10 mos. Carlisle, PA 17013 The child was born out of wedlock The child is presently in the custody of Jason C. Fry, residing at 81 Crane Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following persons and at following addresses: List All Persons List All Addresses Dates Jason C. Fry Jason C. Fry & Megan Wheeler 81 Cranes Gap Rd. Carlisle, PA 4 Mt. View Drive Carlisle, PA 7104 to present Birth to 7104 4. The mother of the child is Megan Wheeler, believed to be living in Newport, Perry County, Pennsylvania. She is not married. The father of the child is Jason C. Fry, residing at 81 Crane Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. He is not married. The relationship of plaintiff to the child is that of father. The plaintiff currently resides with the following persons. Name Self & Child Relationship 6. The relationship of defendant to the child is that of mother. The defendant currently resides with the following persons. Name Relationship Kelly Pfflienger Grandmother 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to t child. The best interest and permanent welfare of the child will be served by granting the request because: Plaintiff has undertaken and performed the primary parental responsibilities for the Plaintiff is best able to provide the care and nurture which the child needs for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and t e child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff shared physical and custody of the Child. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: Michael I Whare, Es ire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Plaintiff ?nl W h C / r, h.D :? R> f ? ?J Ci ?,7 f ?i MARY A. DREW, and HERMAN W. COLLINS, Petitioners V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLF CUMBERLAND COUNTY, PENNS DOCKET NO.: OS - pJ?Q l? f AND NOW, this of 1 day of 4(-1 1 12005, Petitioners, Mary A. Drew and Herman W. Collins, by and through their Shuff, Flower & Lindsay, who respectfully represent: 1. Mary A. Drew and Herman W. Collins are adult individuals Forbes Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioners have received notices from the Department of SAIDIS SHUFF, FLOWER & LINDSAY indicating that their vehicle registration privilege is being suspended for a period (3) months as a result of an alleged violation of Section 1786. 3. Your Petitioners believe said suspension is unjust, improper and that: a. Your Petitioners were never properly notified by First Liberty Corporation that their automobile insurance was cancelled. ANIA Saidis, at 820 three in 26 w. High Street (I b. Said vehicle registration suspension is not in conformity with tie law. Carlisle, PA II WHEREFORE, your Petitioners pray Your Honorable Court to enter an order hearing to determine the validity of the suspension outlined in Exhibit "A" is SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA hereto and made a part hereof. By: Respectfully submitted, Saidis, Shuff, Flower & Lindsay George F. Douglas, III, Esquire Attorney ID #61886 26 West High Street Carlisle, Pennsylvania 17013 Phone: 717.243.6222 Fax: 717.243.6510 Attorney for Petitioners hold a VERIFICATION SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA We hereby verify that the facts set forth in the foregoing Petition for Suspension Appeal are true and correct to the best of our knowledge, belief. We understand that false statements herein are subject to the penalties Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: L41,61 ?5- Date: 4 1 0 S Mary Herman W. Collins cle Req. and 18 COMMONWEALTH OF PENNSYLVANIA DEPARTMENTOP TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WID# 050769991 TITLE# PROCESSING DATE TRANSACTION CODE MARY A DREW 142 W PENN ST CARLISLE, PA 17013 OFFICIAL NOTICE Dear Motorist: MAIL DATE: 018494 001 59700153 050317 00060 You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility insurance) covering the operation of the following vehicle: MAKE: CHEVROLET, BODY TYPE: COUPE" VIN NO: 2G1WW12E939446626, TITLE: 59700153, TAG NO: PD2616W. This information was re nested as a result of this Bureau being notified by FIRST LIBERTY INS CORPORATION that the insurance poli y covering the vehicle was terminated on 01/05/05. Either no response was received or the information you provide( indicated a lapse of coverage which -A as not permitted under Section 1786 of the Vehicle Code. As a result, the vehicle registration privilege will be suspended for three months effective (14/28/05 at 12:1 A.M. as authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obtai ( reconsideration of this order by submitting a copy of your insurance identification card, the declaration p ge of your insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Ins ranee Plan as evidence that the described motor vehicle was continuously covered by liability insurance. If there wit-, a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of overage of less than 31 days from 01/05/05, and also provide a notarized affidavit stating that your vehicle was not periled during this time. It is necessary for you to provide copies of the insurance documents and return them w th this notification. A self addressed label is enclosed for your convenience. Please note that original document will not be returned. This is a final order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and c d. Additionally, credit toward serving the suspension will not begin until the registration plate is received by he Bureau. You will be required to pay a restoration fee in the amount of 550.00, to the Department in accordance ith Section 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with lthe return of your registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Pleas of the county of your reside ce within thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal will stay the Department's action pending a final decision by the court. The copy must be sent by certified mail lo: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHII•F COUNSEL, 'f IRD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. FAP PART A. (Continued) If you... Then please... And PENNDOT will... Obtained insurance with a new Send PF,NNDOT proof of new Send you a letter within thre insurance company or continued insurance (see "Acceptable Proof weeks accepting your update insurance with the same of Insurance" below) AND insurance information. insurance company NO MORE complete and send the THAN 30 DAYS after your STATEMENT of Non-Operation previous policy was cancelled, of VEHICLE on the next page. Do not have insurance for the Send your registration plate, Send you a letter within thre vehicle listed for any reason. sticker and card into PENNDOT weeks confirming that your IMMEDIATELY.* registration plate, sticker and car Return your registration plate, were received. sticker and card to: PENNDOT Financial Responsibility Section, PO Box 68674, Harrisburg, PA 17106-8674 * REGISTRATION PLATES, STICKERS AND CARDS RECEIVED BY THE DEPARTMENT AI FROM THE INSURANCE CANCELLATION WILL RESULT IN A 3 MONTH REGISTRATION Acceptable Proof of Insurance * Insurance identification card. * Declaration page of your insurance policy. * A valid binder of insurance. * Application for insurance to the Pennsylvania Auto Plan. * A letter from the insurance company's headquarters or your insurance agent. PHOTOCOPIES ARE ACCEPTABLE. ORIGINALS WILL NOT BE RETURNED. PART B. If you... Then please... And PENNDOT will... Sold, Transferred or Traded Send PENNDOT a copy of form Update your record accordin y. your vehicle, MV-1 or MV4-ST or a bill of sale indicating the new owner. Salvaged your vehicle Send PENNDOT a copy of your Update your record accordin y. salvage certificate or a letter of salvage from the insurance company indicating the new owner. Had your vehicle Repossessed, Send PENNDOT a copy of your Update your record accordin ly. letter of repossession from the dealership or financial institution. If you believe your insurance coverage was terminated and you did not receive a proper notice as re laws, you should contact the Pennsylvania Insurance Department, Bureau of Consumer Services for a free automated consumer hotline is 1-877-881-6388 or visit their website at www.insurance.state.pa.us. to provide the name of your insurance company, policy number and any notices or other correspond( received concerning your policy. Should you have any additional questions, you may contact the PENNDOT Customer Call Center numbers located at the bottom of this letter. Sincerely, Service Representative Team Bureau of Motor Vehicles Information (7:00 Pennsylvania Out of State TDD Pennsylvania TDD Out of State 30 DAYS ed by insurance ance. The toll ase be prepared you may have the telephone to 9:00 PM) 800-932-4600 717-391-6190 800-228-0676 717-391-6191 COMMONWEALTH OF PENNSYLVANIA DEPARI'MENI' OF'1'RANSI'OR'I'A7'ION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WID# 05076999 TITLE# PROCESSING DATE TRANSACTION CODE MARY A DREW 142 W PENN ST CARLISLE, PA 17013 OFFICIAL NOTICE Dear Motorist: MAIL DATE: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility covering the operation of the following vehicle: MAKE: CHEVROLET, BODY TYPE: SEDAN, VIN NO: 1G1LD55M4RY220498, TITLE: 47825172, TAG NO: FJL6213. ']'his information wau req result of this Bureau being notified by FIRST LIBERTY INS CORPORATION that the insurance poli the vehicle was terminated on 01/05/05. Either no response was received or the information you provide a lapse of coverage which was not permitted under Section 1786 of the Vehicle Code. As a result, the vehicle registration privilege will be suspended for three months effective 04/28/05 at 12: authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obta reconsideration of this order by submitting a copy of your insurance identification card, the declaration 1 insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto his as evidence that the described motor vehicle was continuously covered by liability insurance. If there wa insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of less than 31 days from 01/05/05, and also provide a notarized affidavit stating that your vehicle was not during this time. It is necessary for you to provide copies of the insurance documents and return them v notification. A self addressed label is enclosed for your convenience. Please note that original documeni be returned. This is a final order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and c: Additionally, credit toward serving the suspension will not begin until the registration plate is received by You will be required to pay a restoration fee in the amount of 550.00, to the Department in accordance 1 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist of your registration plate, slicker and card. 06741 001 47825172 050317 00060 '.tife(1 as a r covering indicated A.M. as ge of your ranee flan a lapse in weraj!e of h this will riot Bureau. Section the return You have the right to appeal this suspension to the Court of Common Pleas of the county of your resid ue within thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal ill stay the Department's action pending a final decision by the court. The copy must be sent by certified mail to: PENNSYLVANIA DEPARTMENT' OF TRANSPORTATION, OFFICE OF CHIEF COUNSEL-,']' URD FLOOR, RIVERFRONT OFFICE CENTER, HARRISBURG, PA 17104-2516. -- ------------ By Order of Director Bureau of Motor Vehicles Department of Transportation Information (7:00 AAI 0 9:00 PNI) Pennsvlvania 8 10-93 2-4 6110 Out of State 7 7-391-6190 TDD Pennsylvania 8 111-228-11676 TDD Out of State 7 7-391-6191 00-000 47825172 PAY THIS AMOUNT ---------------- --- BY CHECK OR MONEY ORDER ---- ----------------------- PAYABLE TO PA DEPT OF TRANSPORTA'PION 478251720006050.00 DO NOT SEND CASH MARY A DREW 142 W PENN ST CARLISLE, PA 17013 4W COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES PO BOX 68674 HARRISBURG, PA 17106-8674 WID# 050769999016634 001 TITLE# 58398308 PROCESSING DATE 050317 TRANSACTION COD 00060 MARY A DREW 8 HERMAN W COLLINS 142 W PENN ST CARLISLE, PA 17013 OFFICIAL NOTICE MAIL DATE: 13/24/115 Dear Motorist: You were recently requested by the Bureau of Motor Vehicles to provide proof of financial responsibility (insurance) covering the operation of the following vehicle: MAKE: FORD, BODY TYPE: STATION WAGON VIN NO: IFMZU73E52ZC07828, TITLE: 58398308, 'FAG NO: EZL1772. This information ryas re nested as a result of this Bureau being notified by FIRST LIBERTY INS CORPORATION that the insurance pol cy covering the vehicle was terminated on 01/05/05. Either no response was received or the information you provide I indicated a lapse of coverage which was not permitted under Section 1786 of the Vehicle Code. As a result, the vehicle registration privilege will be suspended for three months effective 04/28/05 at 12: 1 A.M. as authorized by Section 1786 (D) of the Vehicle Code. This is a final order of suspension. You may obta it reconsideration of this order by submitting a copy of your insurance identification card, the declaration age of your insurance policy, a valid binder of insurance, or an application for insurance to the Pennsylvania Auto Ins trance Plan as evidence that the described motor vehicle was continuously covered by liability insurance. If there w. a lapse in insurance coverage, you must provide this Bureau with proof of insurance indicating an effective date of overage of less than 31 days from 01/05/05, and also provide a notarized affidavit stating that your vehicle was not operated during this time. It is necessary for you to provide copies of the insurance documents and return them ith this notification. A self addressed label is enclosed for your convenience. Please note that original document' will not be returned. This is a final order of suspension and unless you receive notice from this Department that reconsideration was granted, you will be required to return your current registration plate, sticker and c d. Additionally, credit toward serving the suspension will not begin until the registration plate is received by he Bureau. You will he required to pay a restoration fee in the amount of 550.00, to the Department in accordance v ith Section 1960 of the Vehicle Code. Please see the enclosed application for additional restoration fee information. We have enclosed a self-addressed envelope for use when corresponding and a mailing label to assist with the return of your registration plate, sticker and card. You have the right to appeal this suspension to the Court of Common Pleas of the county of your reside cc within thirty (30) days of the date of this notice. Sending a copy to this Department of a timely, filed appeal w 11 stay the Department's action pending a final decision by the court. The copy must be sent by certified mail lo: PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, OFFICE OF CHIEF COUNSEI., TI IRD FLOOR, RIVERFRONT OFFICE CEN'T'ER, HARRISBURG, PA 17104-2516. By Order of Director Bureau of Motor Vehicles Department of Transportation Information (7:0o Pennsylvania Out of State TDD Pennsylvania TDD Out of State 9:00 PM 7-391-6191 17-391-619t 1110 00-000 58398308 PAY THIS AMOUNT ---------------- ---- BY CHECK OR MONEY ORDER ----------- ---- PAYABLE TO PA DEPT OF TRANSPORTATION 583983080006050.00 DO NOT SEND CASH MARY A DREW 8 HERMAN W COLLINS 142 W PENN ST CARLISLE, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA MARY A. DREW, and HERMAN W. COLLINS, Petitioners V. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYL% DOCKET NO.: CERTIFICATE OF SERVICE i On this day of April, 2005, I, Adele Group, hereby certify that I and correct copy of the foregoing PETITION FOR VEHICLE REGISTRATION postage prepaid, Certified Mail, Return Receipt as follows: George Kabusk, Esquire Pennsylvania Department of Transportation Office of Chief Counsel Riverfront Office Center 1101 S. Front Street Third Floor Harrisburg, PA 17104-2516 Saidis, Shuff, Flower & Adele ANIA a true via C `l 17.1 ? V ;n n i 4M1 JAS9N C. FRY PLAINTIFF V. MEGAN WHEELER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2086 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AI D NOW, Thursday, April 28, 2005 , upon consideration of the attached Complaint, it is her4 directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, Cumberland Count Carlisle on Thursday, May 19, 2005 at 9:30 AM for a Pre-? fearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this canlilot 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 gtounds for entry of a temporary or permanent order. 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. Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with )isab'Ines Act of 1990. For information about accessible facilities and reasonable accommodations avail ble to disabled individuals having business before the court, please contact our office. All arrangements must e made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled Conte ence or hearing. I YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAV , AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE, SET FOR 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 '3A 20 Jason C. Fry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Megan Wheeler, No. 05 - 2086 CIVIL Defendant IN CUSTODY STIPULATION AGREEMENT AS TO CUSTODY The plaintiff, Jason Fry, hereinafter referred to as "Father," and Defendant, Megan Wheeler, hereinafter referred to as "Mother," hereby agree to the entry of the following terms in a Court Order defining custody and partial custody rights and responsibilities in relation to the parties' minor child Jacob C. Fry, born June 4, 2004, hereinafter referred to as "Child": I. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the custody arrangements as follows: a. Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. U. ,. ^5 ?t?? f. ,. b. ,:., .. tiOViLi>d c ' in 23 ? Pu n S..n _lna'a h E'• , rem .tit ]lzv- full and, corm1,'lete access to the Child's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. c. Mother and Father will have shared physical custody. d. Mother shall have custody every Sunday evening from 6:00 PM until Wednesday evening at or around 6:30 PM. Father shall have custody of the Child every Wednesday evening from on or around 6:30 PM until 6:00 PM on Sunday Evening. e. Mother shall have the Child on Mother's Day and Father shall have the Child on Father's Day. 2. Visitation may be at such other times as the parties mutually agree. 3. Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the other party. 4. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. 5. Neither party shall make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 6. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. 8. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this agreement. Father is represented by Michael J. Whare, Esquire, of Rominger, Bayley & Whare. Mother is represented by Bridget M. Whitley, Esquire, of Keefer Wood Allen & Rahal, LLP. 9. The parties hereto agree that this agreement shall be recorded and incorporated into an Order enforceable by the Court. 10. Consented to: S -16 -v? Date T-/4-o s Date S - /l- aS Date /1- 0 Date Michael J. Whare, Es/quire Megan heeler Ae ?? *,. ? Bridget M. Whitley, Esquire COMMONWEALTH OF PENNSYLVANIA /? SS. COUNTY OF L. 111 ,g , On this, the 14 f1l day of 2005, before me, the undersigned officer, personally appeared JASON C. FRY, known to me, (or satisfactorily proven) to be the person whose name is subscribe0 to the witbir: i.islrumcnt, rnd acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. N aryPub] i ' r ^Notarlei Se;A Linda J. Junpar, Ndary Prbk CwkW earn, Currthadard Ctwttiy * Comlissim Expies JuM 7.i, 21706 COMMONWEALTH OF PENNSYLVANIA Mmtm. OxaN"W SS. COUNTY OF?hxY\ On this, the A111-R day of 2005, before me, the undersigned officer, personally appeared `vfEU ':'V ?Vl!E ELI' R i7 tG .Gc, tOr Gdi 4fa `ltirliF prOVC it) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Kristi P. Foster, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 8, 2008 Member, Pennsylvania Association of Notaries ?? -, - :; .-? RECEIVED MAY 18 2005 Jason C. Fry, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Megan Wheeler, No. 05 - 2086 CIVIL Defendant IN CUSTODY OF.DE (?E Q111 T AND NOW, this Zo' day of m 464 2005, based on the Stipulation of the parties, the Court hereby Orders as follows: 1. Plaintiff (hereinafter "Father") and Defendant (hereinafter "Mother"), the parties hereto, agree that the best interest and continuing welfare of Jacob C. Fry (hereinafter "Child"), born June 4, 2004, would be best served with the custody arrangements as follows: a. Mother and Father will share legal custody of Child as defined in 23 Pa. C.S.A. §5302. All decisions affecting the Child's growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. b. As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the Child's mental. dental, religious and school records. This includes the naryes,. ad re:i:ie5 %?rtCi telephone nun7l:Cr of LO' med;cid and other p:ov!ders. c. Mother and Father will have shared physical custody. d. Mother shall have custody every Sunday evening from 6:00 PM until Wednesday evening at or around 6:30 PM. Father shall have custody of the Child every Wednesday evening from on or around 6:30 PM until 6:00 PM on Sunday Evening. e. Mother shall have the Child on Mother's Day and Father shall have the Child on Father's Day. 2. Visitation may be at such other times as the parties mutually agree. 3. Each party shall have reasonable telephone and e-mail access to the Child while the Child is in the custody control of the other party. .t1, ?, ._? ,. 4'L ?. ;. 4. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall further take any necessary steps to ensure that the health, welfare and well being of the Child is protected. The parties shall do nothing that may estrange the Child from the other party or hinder the natural development of the Child's love or affection for the other party. 5. Neither party shall make any disparaging remarks or allow others to make any disparaging remarks concerning the Child's parents in front of the Child. 6. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 7. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. / ps? 01 V RECEIVED MAY 24 2005y JASON C. FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEGAN WHEELER, : NO. 05-2086 Defendant : IN CUSTODY COURT ORDER 0" p AND NOW, thisJ day of May, 2005, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. 0/-0 Hubert X. ilroy, Esquire Custody oncZtor r- JASON C. FRY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION MEGAN WHEELER, : NO. 05-2086 CIVIL TERM Defendant : IN CUSTODY AMENDED STIPULATION AGREEMENT AS TO CUSTODY The Plaintiff, Jason Fry, and Defendant Megan Wheeler hereby agree to the entry of the following terms in a court Order defining custody and partial custody right and responsibilities in relation to the parties minor child Jacob C. Fry, born June 4, 2004. 1. The parties hereto agree that the best interest and continuing welfare of the Child would be best served with the amended custody arrangement as follows: a. The parties will share legal custody of the minor child as defined in 23 Pa CSA 5302. All decisions affecting the Childs growth and development, including but not limited to medical treatment, education, and religious training, are major decisions which Father and Mother shall make jointly after discussion and consultation with each other. b. As provided in 23 PA CSA 5309 (a), each parent shall have full and complete access to the Childs mental, dental, religious and school records. This includes the names, address and telephone numbers of all medical and other providers. c. Mother and Father will have shared physical custody. d. Mother shall have custody of the minor child every other week commencing at 6:00 pm on Sunday and returning the minor child to the father on Tuesday at 6:00 pm of the same week. e. Mother shall have the Child on Mothers Day and Father shall have the Child on Fathes Day. 2. Visitation may be at such other times as the parties mutually agree. 3. Each parry shall have reasonable telephone and e-mail access to the Child while the Child is in the custody and control of the other party. 4. The parties shall keep each other advised immediately relative to any emergencies concerning the Child and shall Ruther take any necessary steps to ensure that the health, welfare and well being of the Child are protected. The parties shall do nothing that may estrange the Child from the other parry or hinder the natural development of the Childs love or affection for the other party. 5. Neither party shall make any disparaging remarks or allow others to make any disparaging remarks concerning the Childs parents in front of the Child. 6. Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. 7. The parties agree that in making this revised stipulation there has been no fraud, concealment, overreaching, coercion or other unfair dealings on the part of the other. 8. Both parties agree that the terms of this agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and full explain the terms of this agreement. 4. The parties agree that this agreement shall be incorporated into an Order enforceable by the Court C_-a- 05 Date: ? ?aa-a5 Date: This document prepared by: Richard R. Gan, Esq 17 West South Street Carlisle, Pa 17013 241-4300 Jason C. Fry dY Meg Wheele 1D 68721 ?-' ° c ? , cn a rii Y% -??-c i , tih U'; . ? ., ,_.> 't7i " ? i -- ? ? ` C?7 RECEIVED PEP C 7 Ine JASON C. FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. mss' v7 U ??v CIVIL ACTION - LAW MEGAN WHEELER, Defendant IN CUSTODY 052086 ORDER AND NOW, this _7iL day of ?,,1 c?Gcr 2005, upon review and consideration of the Custody Agreement of the parties, a copy of which is attached hereto, said Agreement is hereby approved, adopted, merged, and incorporated herein as the Order of this Court. BY THE COURT: cc: Richard R, Gan, Esquire 17 West South Street Carlisle, Pa 17013 (717) 241-4300 cc: Megan Wheeler, Defendant 196 Smith Road Newport, Pa 17074 Do men! #: 219714.1 _ ??.? ,- ,?., , n ?ti.'i] 1 1 AffD-01FACE OF THE PROThONOTAFY BAYLEY & MAN AN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 JASON C. FRY, Plaintiff V. MEGAN WHEELER, Defendant 2010 MAR -S PH 3: 12 --'UNTY PEi` NSYLVA N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-2086 IN CUSTODY STIPULATION The undersigned parties agree to the entry of the following order: 1. All previous Orders regarding the above docketed matter are vacated. 2. Plaintiff (Father) shall have sole legal custody of Jacob C. Fry (D.O.B.: 6-4-04). 3. Plaintiff (Father) shall have primary physical custody of the child subject to periods of partial physical custody/visitation by Defendant (Mother) at times agreed upon by the parties. Date: Date: ?? _ b .1 V MAR U 8 NIU JASON C. FRY, Plaintiff V. MEGAN WHEELER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-2086 IN CUSTODY ORDER OF COURT AND NOW, this day of ,-fta.ck , 2010, the following Order is hereby entered: 1. All previous Orders regarding the above docketed matter are vacated. 2. Plaintiff (Father) shall have sole legal custody of Jacob C. Fry (D.O.B.: 6-4-04). Y 3. Plaintiff (Father) shall have primary physical custody of the child subject to periods of partial physical custody/visitation by Defendant (Mother) at times a c- a M upon by the parties. ' p Orn cc.. F. Bayley, Esquire egan Wheeler, 196 Smith Road, Newport, PA 17074 BY THE COURT,