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HomeMy WebLinkAbout06-3043HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO.20920 "SOUTH PITT STREET CARLISLE PA 17013 (717) 243-MO ATTORNEY FOR PLAINTIFF FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF PlalntHf : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 2006 - 30`19 CIVIL TERM ROBYN L. FREY, Defandont : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 FRANK D. PREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW -NO. 2006- 300 CIVIL TERM ROBYN L. FREY, Defendant a IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is FRANK D. FREY, an adult individual residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is ROBYN L. FREY, an adult individual residing at 55 "F" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on April 16, 1994 in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this-action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. May 25, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 FRANK D. FREY, : IN THE COURT OF COMMON FLEAS OF FlalntBf : CUMBERLAND COUNTY, FENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 -3a X3 CIVIL TERM ROBYN L. FREY, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. ['understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. May 25, 2006 6 F NK D. FREY, Plaintiff t?Ct' S (r) cri T T, VII 4 I% FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 3043 CIVIL TERM ROBYN L. FREY, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, 111, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on May 27, 2006, by certified mail addressed to the defendant at 55 "F" Street, Carlisle, PA 17013, certified mail No. 7004 1350 0003 7288 4332. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. false statements herein made are subject to the penalties of 18 Pa. C relating to unsworn falsification to authorities` /' May 30, 2006 Harold S. Irwin, III Attorney for plaintiff I understand that S. Section 4904, Supreme Court ID No. 29920 64 South Pitt Street Carlisle, PA 17013 717-243-6090 r U.S Postal Service CERTIFIED MAIL,,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) co [ OFFI CIA L USE ru - Postage $ M C3 Certified Fee O [ P C3 (Endorse ent Requuirred) ^ p1. Here flsetrioted Deiivery Fee (Endoreame"t Required) M r-3 Toted Postage & Fees $ C C) o «roenro" 7D/ PS Form 3800, June 2002 See Reverse for instructions ¦ Complete items 1, 2, and 3, Also complete item 4 if Restricted DelivwW is desired. ¦ Print your name#)d a&16s on the reverse so that we can return the card to you. ¦ Attach this card to the back of themm#lp" or on the front face permits. 5/2 L X ? Agent ? Addresne B. Recely by (Pdn C. Date of S•r?7 17 D. Is delivery address differerrt from Item 1? ? Yes If YES, eater delivery address below: ? No Car ? ? 5 L Q ? ` ?D L 3 ALL-er?Mail ? Wring Mail 13 Registered Q im Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Numbw 7004 1350 0003 7288 4332 (riarwar frorn servke &W Ps Form 3811, February 2004 Domestic Return Receipt 102595-o2-M-1640 1. Article Addressed to: P- 0 r-yk 5's 11 F l/ EXHIBIT "A" ril ti. 6. FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 5043 CIVIL TERM ROBYN L. FREY, Defendant : IN DIVORCE COMPLAINT FOR CUSTODY NOW come the plaintiff, FRANK D. FREY, by his attorneys, Irwin & Bayley, and presents the following complaint for custody, representing as follows: 1. The plaintiff is FRANK D. FREY, an adult individual residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is ROBYN L. FREY, an adult individual residing at 55 "F" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on April 16, 1994, but separated on or about May 12, 2006. 4. The parties are the natural parents of one minor child, Magarron A. Frey, born November 3, 1994, age 11 years. 5. 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. k- 6. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. The best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the defendant have primary physical custody and that plaintiff have scheduled periods of partial custody. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. June 12, 2006 HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. June 12, 2006 n {? --. ?? -n `? ? ? ?. c_... n ;.: _, , r -f+iT, ' _ rv iC?i c ?1 ? ? T . _ v' ? ? ?: .1 ` . .! ?g 4? ' ` t?..? FRANK D. FREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBYN L. FREY DEFENDANT 06-3043 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 16, 2006 , 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 411 Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 18, 2006 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order, The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s/ 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. 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 elc :C 1,1d OG rurih mz IV-or-!p -V !Po-ar e Jo JUL 1 9 2006,, 'Y FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2s f day of :1y ? ti , 2006, upon consideration of the attached Custody Conciliation Report i is ordered and directed as follows: 1. The Father, Frank D. Frey and the Mother, Robyn L. Frey, shall have shared legal custody of Magarron A. Frey, born November 3, 1994. 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 his 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 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Beginning Sunday, July 23, 2006, the parties shall have shared physical custody of the child on a week on/week off basis with Father having the first week. The day and time of exchange shall be Sundays at 5:00 p.m. 3. In the event that the custodial parent is in need of a babysitter for more than three hours, they must contact the non-custodial parent and offer said time to the non-custodial parent. 4. Transportation shall be shared such that the receiving party shall transport. 5. This Order is entered pursuant to an agreement of the parties 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. Another Custody Conciliation Conference is scheduled for August 25, 2006 at 1:30 p.m. carold S. Irwin, III, Esquire, Counsel for Father Kara W. Haggerty, Esquire, Counsel for Mother 4 AIV 0 RV TUP r(ITTT2T RECEWED AUG ?a 2(lU6 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 23rd day of August, 2006, being advised that the parties have reconciled, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cqu 'ne M. Verney, Esquire, Custody nciliator r a c%? ? rc w tt W J7 -Cc U- N U L FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 3043 CIVIL TERM ROBYN L. FREY, Defendant : IN CUSTODY PETITION TO MODIFY CUSTODY NOW comes the plaintiff, FRANK D. FREY, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition to modify custody, representing as follows: 1. The plaintiff is FRANK D. FREY, an adult individual residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is ROBYN L. FREY, an adult individual residing at 55 "F" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, Magarron A. Frey, born November 3, 1994, age 11 years. 4. The parties were married on April 16, 1994, but separated on or about May 12, 2006. 5. A custody conciliation was held on July 18, 2006, resulting in an agreement for shared custody on a week on / week off basis; however, the parties then reconciled on or about July 21, 2006. 6. The parties again separated on September 5, 2006, when the defendant left the child with the plaintiff at the marital home. 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. 8. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 9. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the plaintiff have primary physical custody and that defendant have periods of partial physical custody as may be determined at a conciliation conference to be held hereon. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the child as aforesaid. September 8, 2006 HAROLD S. IRWIN, II Attorney for Plaintiff Supreme Court I.D. No. 29920 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. September 8 2006 FRANK D. FREY JUL 1 9 2006pp, {- r? FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, . Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2006, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: 1. The Father, Frank D. Frey and the Mother, Robyn L. Frey, shall have shared legal custody of Magarron A. Frey, born November 3, 1994. 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 his 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 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Beginning Sunday, July 23, 2006, the parties shall have shared physical custody of the child on a week on/week off basis with Father having the first week. The day and time of exchange shall be Sundays at 5:00 p.m. 3. In the event that the custodial parent is in need of a babysitter for more than three hours, they must contact the non-custodial parent and offer said time to the non-custodial parent. 4. Transportation shall be shared such that the receiving party shall transport. 5. This Order is entered pursuant to an agreement of the parties 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. Another Custody Conciliation Conference is scheduled for August 25, 2006 at 1:30 p.m. BY THE COURT, J. cc: Harold S. Irwin, III, Esquire, Counsel for Father Kara W. Haggerty, Esquire, Counsel for Mother TRUE COPY FROM REr°--^ 7 In timony whereof t here unto set ;,3nd an a seat'y of said isle, Pa. t.lt?. d of... .. ... Prothon ry JUL 1 9 2006 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Magarron A. Frey November 3, 1994 Mother 2. A Conciliation Conference was held in this matter on July 18, 2006, with the following in attendance: The Father, Frank D. Frey, with his counsel, Harold S. Irwin, III, Esquire, and the Mother, Robyn L. Frey, with her counsel, Kara W. Haggerty, Esquire. 3. The parties agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator ry FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - 3043 CIVIL TERM ROBYN L. FREY, Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 26, 2006. Service of the complaint was made by certified mail, return receipt requested, restricted delivery, on May 27, 2006 (see affidavit of service filed on May 30, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. September , 2006 RANK D. FREY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. September 9 '2006 K D. FREY col ` cri FRANK D. FREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-3043 CIVIL ACTION LAW ROBYN L. FREY DFFFNDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, September 11, 2006 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 Oil Thursday, October 12, 2006 at 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. All children age Five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COUR'T', By: /s/ facc?ueline M. Verney Es i , 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 :i? APR 2 6 2007 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25ffi of April, 2007, not being contacted within ninety days from the date of continuance, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ac line M. Verney, Esquire, Cu dy Conciliator N7 W?IAS, NNI -I!, 07, :Z IWd 9Z Ul LOOZ '?4d DU d0 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. CIVIL ACTION -LAW NO. 2006-3043 CIVIL TERM ROBYN L. FREY, Defendant ; IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 26, 2006. Service of the Complaint was made by certified mail, return receipt requested, restricted delivery, on May 27, 2006 (see affidavit of service filed on May 30, 2006) 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Amended Complaint. 3. I consent to the entry of a final decree of div r service of notice intention to request entry of the decree. Date: -7//Z/07 'I- ROB REY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to u-mivorn falsification t thorities. Date: lo-7 ROB L. F ?? ?- ?? ? ?, t r ??' ?..,? _ ? '.,t.. HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 3043 CIVIL TERM ROBYN L. FREY, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about May 27, 2006 defendant was served with a copy of the divorce complaint by U.S. Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: September 8, 2006 By the defendant: July 12, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 8, 2006 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 20, 2007 A August 17, 2007 ` - - HAROLD S. IRWIN, III Attorney for Plaintiff } "-- ' !4 ? ?? ? ? f ? ` ?:? 4 ' ? v: fib ? ? ? ? ? ?. ?j "'"'.r ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. FRANK D. FREY Plaintiff VERSUS ROBYN L. FREY Defendant NO. 2006 - 3043 CIVIL TERM DECREE IN DIVORCE AND NOW,i4 14 7-1 _?2, IT IS ORDERED AND DECREED THAT FRANK D. FREY PLAINTIFF, AND __ ROBYN L. FREY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: PROTHONOTARY La ? -? ??? ??? ? .?- «1+" i FRANK D. FREY, Plaintiff v. ROBYN L. FREY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-3043 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that Robyn L. Frey, the Defendant in the above matter, after the entry of a Final Decree in Divorce dated August 21, 2007, hereby elects to resume the prior surname of McKILLIP, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 9 N -7- COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On the7 ` day of 2007, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein con In Witness whereof, I have ?b?Crrtri?a i?fi*??? ? so? set riv hand and official seal. Notaik Public 4?1 A o t3tR?` ? FRANK D. FREY, Plaintiff vs. ROBYN L. MCKILLIP (FREY), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3043 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Petitioner, Robyn L. McKillip (Frey), by and through her counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Robyn L. McKillip (Frey), and adult individual currently residing at 710 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above named Plaintiff, Frank D. Frey, and adult individual currently residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely Magarron A. Frey, born November 3, 1994. 4. The parties are subject to an Order of Court dated July 25, 2006, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A". 5. Since the entry of the prior Order, the parties have continued to reside within the jurisdiction of the Court of Common Pleas of Cumberland County, both maintaining their residence, with the child, in Carlisle, Pennsylvania. 6. Petitioner resides at the above referenced residence with her boyfriend, Michael J. Clinton, Jr., as well as his parents, Michael J. Clinton, Sr. and Nancy Clinton. I a 7. Respondent resides at the above referenced address with his parents, Frank M. Frey, II, and Jane Frey. 8. Since the entry of the prior Order, there has been a substantial material change in circumstances such that it is in the best interest and permanent welfare of the child to be placed in Mother's primary physical custody. 9. Petitioner has no information of any custody proceedings concerning the child pending in any Court of this Commonwealth. 10. Petitioner does not know of a person, not a party to these proceedings, who claims to have custody or visitation rights with respect to the child. Respectfully submitted, 4ey L. Griffie, Esquire ttorney for Petitioner/Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: I /,D r?'??0 FRANK D. FREY, Plaintiff vs. ROBYN L. MCKILLIP (FREY), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3043 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY IT"It I, Bradley L. Griffie, Esquire, hereby certify that I did, the k5 day of July, 2008, cause a copy of Defendant's Petition for Modification of Custody to be served upon Defendant by first- class mail, postage prepaid at the following addresses: DATE: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 Attorney L. riffie, Esquire for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 OJUL 1 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this Zs ?? day of _-V 0 ` :4 , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I . The Father, Frank D. Frey and the Mother, Robyn L. Frey, shall have shared legal custody of Magarron A. Frey, born November 3, 1994. 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 his 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 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Beginning Sunday, July 23, 2006, the parties shall have shared physical custody of the child on a week on/week off basis with Father having the first week. The day and time of exchange shall be Sundays at 5:00 p.m. 3. In the event that the custodial parent is in need of a babysitter for more than three hours, they must contact the non-custodial parent and offer said time to the non-custodial parent. 4. Transportation shall be shared such that the receiving party shall transport. s zoos,, A' Exhibit "A" 5. This Order is entered pursuant to an agreement of the parties 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. Another Custody Conciliation Conference is scheduled for August 25, 2006 at 1:30 p.m. cazold S. Irwin, III, Esquire, Counsel for Father ,Xara W. Haggerty, Esquire, Counsel for Mother 6e 0(V'W BY THE COT JR T_ Jy? a ? tr,,\ ?.. ? ?'" ?? i? C` ?.?:? ,_. ?..-? f t _ ?? ,... ? . i? _ ;.: ?F ?._;• -°C . FRANK D. FREY, Plaintiff vs. ROBYN L. MCKILLIP (FREY), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3043 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF PUSRUANT TO Pa. R.C.P. 1915.13 AND NOW comes Petitioner, Robyn L. McKillip (Frey) by and through her counsel of record, Bradley L. Griffie, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Robyn L. McKillip (Frey), an adult individual currently residing at 710 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Plaintiff, David D. Frey, an adult individual currently residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one child, namely Magarron A. Frey, born November 3, 1994. 4. The parties are subject to an Order of Court dated July 25, 2006, a copy of which is attached hereto and incorporated herein by reference as "Exhibit A". 5. Since the entry of the prior Order and more particularly in the past six (6) months, the Respondent has engaged in the course of conduct of physical abuse, emotional abuse, and mental abuse of the child, while the child has been in his custody. 6. Due to the conduct of the Respondent, Petitioner, through the assistance of Mid Penn Legal Services, has filed a Protection from Abuse action, a copy of said Petition and Temporary Order being attached hereto and incorporated herein by reference as "Exhibit B". 7. During the parties' marriage, the Petitioner endured physical and emotional abuse at the hands of the Respondent, which continues to cause her to have great fear of the Respondent. 8. The child has expressed to Petitioner and to various authorities, including Cumberland County Children and Youth Services, the Middlesex Township Police Department, and Mid Penn Legal Services, his fear of his father and incidents of physical and emotional abuse he has endured while in his father's care. 9. Petitioner has filed a Petition for Modification of Custody in an effort to modify the July 25, 2006 Custody Order and said Petition will cause the scheduling of a custody conciliation conference in this matter so that a permanent Order can be secured. 10. Pending the resolution of the Petition for Modification of Custody, and in light of the severe nature of the situation for the child, it is imperative that the Court intervene and vacate or stay the prior shared custody Order in this matter, and place the child in Petitioner's custody, pending further Order of Court or agreement of the parties. 11. It is in the best interest of the child to lay further proceedings before the Court on the matter of custody until such time as Cumberland County Children and Youth Services and the Middlesex Township Police Department have completed their investigation in this matter. 12. It is reasonable, appropriate, and in the best interest of the child to delay further hearing in this matter until such time as the issue of the Protection from Abuse action initiated on behalf of the Petitioner by Mid Penn Legal Services is concluded. 13. It is in the best interest and permanent welfare of the child to place the child in Petitioner's primary custody pending the resolution of the above referenced investigations and proceedings. 14. Respondent is represented in the referenced Protection From Abuse action by Attorney Harold S. Irwin, III, Esquire and a copy of the within Petition was provided by facsimile correspondence as per the attached Certificate of Service prior to filing. WHEREFORE, Petitioner requests your Honorable Court to enter an Order: A. Staying or vacating the Court's Order of July 25, 2006; B. Placing the child in the primary physical custody of Petitioner; C. Delaying further hearing in this matter pending the resolution of the investigation by Cumberland County Children and Youth Services and the Middlesex Township Police Department, as well as pending resolution of the Protection from Abuse action initiated by the Petitioner as the Defendant in this matter; D. Such other relief as the Court deems just and proper. Respectfully Submitted, br Respondent AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:----7//-O bob FRANK D. FREY, Plaintiff vs. ROBYN L. MCKILLIP (FREY), Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3043 CIVIL TERM CIVIL ACTION -LAW : IN CUSTODY I, Bradley L. Griffie, Esquire, hereby certify that I did, the ? day of July, 2008, cause a copy of Defendant's Petition for Special Relief Pursuant to Pa. R.C.P. 1915.13 to be served upon Defendant by facsimile and first-class mail, postage prepaid at the following address: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 (Facsimile) 717-243-9200 DATE: S- W PFF rif f, Esquire foDef ndant E & & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 0)4 JUL 1 FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. FREY, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of _ -X y ? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Frank D. Frey and the Mother, Robyn L. Frey, shall have shared legal custody of Magarron A. Frey, born November 3, 1994. 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 his 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 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Beginning Sunday, July 23, 2006, the parties shall have shared physical custody of the child on a week on/week off basis with Father having the first week. The day and time of exchange shall be Sundays at 5:00 p.m. 3. In the event that the custodial parent is in need of a babysitter for more than three hours, they must contact the non-custodial parent and offer said time to the non-custodial parent. 4. Transportation shall be shared such that the receiving party shall transport. s 2006r ' Exhibit "A 5. This Order is entered pursuant to an agreement of the parties 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. Another Custody Conciliation Conference is scheduled for August 25, 2006 at 1:30 p.m. c .Ppllarold S. Irwin, III, Esquire, Counsel for Father ,,Kara W. Haggerty, Esquire, Counsel for Mother o` AV 0 RY TNF rOTTRT ,y. ??.L, Robyn L. McKillip on behalf or her minor son, IN THE COURT OF COMMON PLEAS OF MaGarron Andrew Frey, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. Frank David Frey, Defendant NO. 2008 - V3 CIVIL TERM - LAW PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL order may be entered against you granting the relief requested in the petition. In particular, you may be evicted from your residence, be prohibited from possessing any firearm, other weapon, ammunition or any firearm license, and lose other important rights, including custody of your children. Any protection order granted by a court may be considered in subsequent proceedings under Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, including child custody proceedings under Chapter 53 (relating to custody). A hearing on the matter is scheduled for the day of July, 2008, at (/A .m., with Judge in Courtroom No. ?,- on the 4t` Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the order that is attached until it is modified or terminated by the court after notice and hearing. If you disobey this order, the police or sheriff may arrest you. Violation of this order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa C.S.A. §6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18. U.S.C. §2265, this order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this order, you may be subject to federal criminal proceedings under the Violence Against Women Act. 18 U.S.C. §2261-2262. If this order directs you to relinquish any firearm, other weapon, ammunition or any firearm license to the sheriff, you may do so upon service of this order. As an alternative, you may relinquish any firearm, other weapon, or ammunition listed herein to a third party provided you and the third party first comply with all requirements to obtain a safekeeping permit. You must relinquish any firearm, other weapon, ammunition or any firearm license listed herein no later FAiibit "B" than 24 hours after service of the order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act. 1 g Pa. C.S.A. §6105. NOTICE: Even if this order does not direct you to relinquish firearms, you may be subject to federal firearms prohibitions and federal criminal penalties under 18 U.S.C. §922(g (8). YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 Distribution to: Legal Services Faxed & Mailed to PSP ;This verifies that the above document is on file with the Cumberland County Office of ilthe Prothonotary. Robyn Louise McUlip, on behalf of her minor : IN THE COURT OF COMMON son, Magarron Andrew Frey, : PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008 - 3 ?/3 Frank David Frey, , Defendant ' CIVIL ACTION - LAW PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Frank David Frey Defendant's Date of Birth is: August 27, 1970 Defendant's Social Security Number is: 188-64-6902 Name(s) of All protected persons, including Plaintiff and minor children: 1. Magarron Andrew Frey AND NOW, on 2nd Day of July, 2008 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiffs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Defendant is evicted and excluded from the residence at: 710 Longs Gap Road Carlisle PA 17013 or any other permanent or temporary residence where Plaintiff or any other person protected under this order may live. Plaintiff is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this order. 3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this order either directly or indirectly, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. 4. Defendant shall not contact Plaintiff, or any other person protected under this order, by telephone or by any other means, including through third persons. 5. FIREARMS, OTHER WEAPONS AND AMMUNITION RESTRICTIONS Defendant is prohibited from possessing, transferring or acquiring any firearms for the duration of this order. Defendant is directed to relinquish to the sheriff any firearm, other weapon or ammunition listed in Attachment A to Temporary Order, which is incorporated herein by references. Defendant may relinquish any firearms, other weapons or ammunition to the sheriff. As an alternative, Defendant may relinquish firearms, other weapons and ammunition to a third party provided Defendant and the third party first comply with all the requirements to obtain a safekeeping permit. Defendant must relinquish any firearm, other weapon, ammunition or firearm license ordered to be relinquished no later than 24 hours after service of this order. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide to the sheriff an affidavit listing the firearms, other weapons or ammunition and their current location no later than 24 hours after service of this order. Failure to timely relinquish any firearm, other weapon, ammunition or any firearm license shall result in a violation of this order and may result in criminal conviction under the Uniform Firearms Act, 18 Pa. C.S.A. §6105. 6. A certified copy of this order shall be provided to the sheriff or police department where Plaintiff resides and any other agency specified hereafter: North Middleton Township Police Department Middlesex Township Police Department Carlisle Borough Police Department 7. The sheriff, police or other law enforcement agencies are directed to serve Defendant with a copy of the petition, any order issued, and the order for hearing. Petitioner will inform the designated authority of any addresses, other than Defendant's residence, where Defendant can be served. 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JULY 2, 2011 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000 and/or up to six months in jail. 23 Pa.C.S.A. § 6114. Consent of Plaintiff to Defendant's return to the residence shall not invalidate this order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.A. § 6108 (g). If Defendant is required to relinquish any firearms, other weapons or ammunition or any firearm license, those items must be relinquished to the sheriff within 24 hours of the service of this order. As an alternative, Defendant may relinquish any firearm, other weapon or ammunition listed herein to a third party provided Defendant and the third party first comply with all requirements to obtain a safekeeping permit. If, due to their current location, firearms, other weapons or ammunition cannot reasonably be retrieved within the time for relinquishment, Defendant shall provide an affidavit to the sheriff listing the firearms, other weapons or ammunition and their current location no later than 24 hours after the service of this order. Defendant is further notified that violation of this order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C. § § 2261-2262. NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS This order shall be enforced by the police department or sheriff who has jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located. If Defendant violates Paragraphs 1 through 5 of this order, Defendant shall be arrested on the charge of indirect criminal contempt. An arrest for violation of this order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of a police officer or sheriff. Subsequent to an arrest, the law enforcement officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession which were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. Any firearm, other weapon, ammunition or any firearm license must be delivered to the sheriff s office of the county which issued this order, which office shall maintain possession of the firearms, other weapons and ammunition until further order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer or sheriff made the arrest. BY THE COURT: Distribution to: Legal Services TRUE Cr,"IT Y Faxed & Mailed to PSP In Testimony w1i,r and the seal of said This ..... ....... day ?........ .. EP"1-A RECORD onto set my hand l sle, Pa. '4?, ?:r- ? ; thonotary PFAD Number: NU3167677H Robyn Louise McKillip, on behalf of her minor : IN THE COURT OF COMMON son, Magarron Andrew Frey, : PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2008 - 3 g 13 Frank David Frey, Defendant ' CIVIL ACTION - LAW ' PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiffs name is: Magarron Andrew Frey 2. I, (the Filer), am filing this petition: - as Parent of minor Plaintiff(s) 3. Filer's Name is: Robyn Louise McKillip 4. Filer's Address is: P.O. Box 494, Carlisle, PA 17013 5. Name(s) of ALL person(s), including minor children, who seek protection from abuse. 6. Plaintiffs Address is : 710 Longs Gap Road, Carlisle, PA 17013 7. Defendant's Name is. Frank David Frey 8. Defendant is believed to live at the following address: 3410 Spring Road, Carlisle, PA 17013 9. Defendant's Social Security Number is: 188-64-6902 10. Defendant's Date of Birth is: August 27,1970 11. Defendant's place of employment is: Giant Distribution - Carlisle, PA 12. Defendant is an adult. 13. The relationship between Plaintiff and Defendant is: 7 spouse or former spouse of Defendant 1 parent of a child with Defendant 7 current or former sexual or intimate partner with Defendant [ 7 child of Plaintiff 1X1 child of Defendant I 7 family member related by blood (consanguinity) to Defendant I I family member related by marriage or affinity to Defendant I I sibling (person who shares parenthood) of Defendant I 7 current or former cohabitant (person who lives with) Defendant 14. Defendant has been involved in a criminal court action. 15. Defendant is not currently on probation / parole 16. The facts of the most recent incident of abuse are as follows: On about Wednesday, June 25, 2008 at approximately 8:30PM location: Defendant's home where plaintiff lives 50% of time through custody On or around June 25, 2008, at the residence located on 3410 Spring Road, Carlisle PA at approximate 8:30pm the Defendant acted in a menacing manner and caused the Plaintiff to fear for his safety when he pushed the Plaintiff onto the couch and straddled him while shaking him repeatedly. The Defendant grabbed the Plaintiff by his hair, jerking his head backwards and then slamming his head forward into the couch. The Defendant proceeded to grab the Plaintiff by his shirt and threw him to the floor. The Defendant grabbed the Plaintiff by his legs and dragged him to the door. The Plaintiff called his mother who took him to the ER where he was treated. The Plaintiff suffered with bruises to his arm and scratches on his back, chest and stomach. The police and CYS have been notified. 17. Prior incidents of abuse that Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: Approximately two weeks ago at 8:00pm outside the Defendants' residence the Defendant acted in a physically menacing manner and caused the Plaintiff to fear for his safety when he slapped him repeatedly on his face while calling him vile names. The Plaintiff walked approximately five miles to his mother's home. The plaintiff is the 13 year old child of the Defendant. The Defendant has 50/50 custody of the child, and during the time of the Defendant's custody of the Plaintiff, he has acted in a physically menacing manner, causing the Plaintiff to be afraid. The abuse includes: pulling hair, pushing, grabbing, slapping and restraining the Plaintiff. 18. (a) Has Defendant used or threatened to use any firearms or other weapons against Plaintiff or the minor child/ren? NO (b) Other than the firearms, other weapons or ammunition Defendant used or threatened to use against Petitioner or the minor children, does Defendant, to the best of your knowledge or belief, own or possess any additional firearm, other weapon, ammunition or any firearm license? YES (c) If the answer to (b) above is "Yes", list any additional firearm, other weapon or ammunition owned by or in the possession of Defendant on Attachment A to Petition, which is incorporated by reference into this petition. (d) Plaintiff DOES request that the court order Defendant to relinquish firearms, other weapons or ammunition listed on Attachment A to Petition. See Attachment A to Petition, for a list of firearms, other weapons and ammunition Plaintiff requests the court to order Defendant to relinquish. 19. The sheriff, police department or law enforcement agency that should be provided with a copy of the protection order are: Carlisle Borough Police Department North Middleton Township Police Department Middlesex Township Police Department 20. There is an immediate and present danger of further abuse from Defendant. 21. Plaintiff is asking the court to evict and exclude Defendant from the following residence: 710 Longs Gap Road Carlisle PA 7013 Owned By: Michael J Clinton Sr. and Nancy Clinton 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or the minor child/ren in any place where Plaintiff and/or the child/ren may be found. b. Evict/exclude Defendant from Plaintiff s residence and prohibit Defendant from attempting to enter any temporary or permanent residence of Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and the child/ren: Suspend visitation until hearing. d. Prohibit Defendant from having any contact with Plaintiff and/or the minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiff s school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintiff s relatives and Plaintiff s children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. The following persons are Plaintiff s relatives or family and household members that Plaintiff believes require protection from stalking and harassment by Defendant. f. Grant such other relief as Plaintiff requests and/or the court deems appropriate. g. Order the police, sheriff or other law enforcement agency to serve Defendant with a copy of this petition, any order issued, and the order for hearing. Plaintiff will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. ate: , Respectfully submitted, MIDP NN LEGAL SERVICES By: Vce D'Alo, Attorney for Plaintiff Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 VERIFICATION I rerifv that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Dated: VLUI0 Ro yn L. Mct?illip o behalf or her minor son, MaGarron gndrew Frey, Plaintiff "-?' <:? - - : ; ,? .1 ?--? J ?? 4w ? ?„ : ? ^ ` ? ?. a? ? ...y ? ? ?'?k w? ? { `.? > C. t? FRANK D. FREY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-3043 CIVIL ACTION LAW ROBYN L. MCKILLIP (FREY) IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, July 18, 2008 , 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 Monday, August 25, 2008 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/ ac ueline M. Verne Esq )V11 . 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 kIIJ }? FRANK D. FREY, PLAINTIFF V. ROBYN L. MCKILLIP (FREY) DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3043 CIVIL IN RE: DEFENDANT'S REQUEST FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 22nd day of July, 2008, upon consideration of the Petition for Special Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that the Petition for Special Relief is DENIED. The Defendant, Robyn L. McKillip, has been awarded temporary custody in the case docketed at 08-3913 Civil, pending a custody conciliation hearing. By the Court, lv? ?&?- \( M. L. Ebert, Jr., J. ?Bradley L. Griffie, Esquire Attorney for Defendant ? Harold S. Irwin, Esquire Attorney for Plaintiff bas ?Opl'E.S CAll .2;L/oe Vi N "V/ OAS INI-:1d \-; 1 i .c Wd ZZ I BOBZ AUVIC}UNt.?1-I.,a . -40 f IC t? h HAROLD S. IRWIN, 111, ESQ. ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2005 - 3043 CIVIL TERM ROBYN L. FREY, Respondent : IN CUSTODY ORDER OF COURT AND NOW, thisi? day of September, 2008, upon consideration of the attached petition, it is hereby ordered and directed that Frank D. Frey is awarded temporary custody of Magarron A. Frey pending a custody conciliation hearing to be held on September 18, 2008. This Order is contingent on Frank D. Frey maintaining his residence at the home of his parents, Frank M. Frey and Jane W. Frey at 3410 Spring Road, Carlisle, Pennsylvania 17013. By the Court, J. i, ft j t n ?hh V 1 C' FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 3043 CIVIL TERM ROBYN L. FREY, Respondent : IN CUSTODY PETITION FOR SPECIAL RELIEF NOW comes the petitioner, FRANK D. FREY, by his attorney, Harold S. Irwin, III, Esquire, and presents the following petition for special relief, representing as follows: 1. Petitioner is FRANK D. FREY, an adult individual residing at 3410 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is ROBYN L. FREY, an adult individual residing at 55 "F" Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one minor child, Magarron A. Frey, born November 3, 1994, age 13 years. 4. The parties are subject to an Order of this Court dated July 22, 2008, awarding temporary physical custody of the child to the respondent pending a conciliation conference to be held on September 18, 2008. 5. Following the entry of that Order, on August 27, 2008, the respondent removed the child from her home and the child has been residing with a friend in Carlisle since that time. 6. Petitioner is concerned for the safety and welfare of the child and despite his counsel's efforts to contact the respondent's attorney to attempt to resolve this amicably, no such contact has been made. 7. Petitioner 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. 8. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 9. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interests and permanent welfare of the child require that the parties have joint legal custody of the child, that the petitioner have primary physical custody pending the conciliation conference scheduled for September 18, 2008. 11. Petitioner resides with his parents, Frank M. Frey, III and Jane W. Frey, who join herein to acknowledge their participation in the care and welfare of the child pending further order of court. WHEREFORE, the petitioner requests that the court enter an order providing for the temporary physical custody of the child as aforesaid. September 3, 2008 HAROLD S. IRWI , III Attorney for Petiti 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. September 3, 2008 SFP' 19 2008 e7 ?j FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. MCKILLIP (FREY), : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 4 3 day of S e,?ptt %W of , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 25, 2006 and September 5, 2008 are hereby vacated. 2 The Father, Frank D. Frey and the Mother, Robyn L. Frey, shall have shared legal custody of Magarron A. Frey, born November 3, 1994. 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 his 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 with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Father shall have primary physical custody of the child. 3. Mother shall have periods of partial physical custody of the child as agreed. 4. Father shall continue to provide weekly counseling for the child with Bill Thomas. Both parents shall cooperate with the counselor and follow any recommendations of the counselor. 5. If an emergency arises, Father shall contact maternal grandparents. 6. This Order is entered pursuant to an agreement of the parties 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. Either party may contact the Custody Conciliator within ninety (90) days of the date of this Order of Court to schedule another Custody Conciliation Conference BY THE COURT, J. Z cc. t rold S. Irwin, III, Esquire, Counsel for Father ,/adley L. Griffie, Esquire, Counsel for Mother n Ge>I 1 'ex M -a 1 C: 4 4 4 tl 4rZ 83S NOZ FRANK D. FREY, Plaintiff V. ROBYN L. MCKILLIP (FREY), Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-3043 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. & M.L. Ebert, Jr., 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: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Magarron A. Frey DATE OF BIRTH CURRENTLY IN CUSTODY OF November 3, 1994 Father 2. A Conciliation Conference was held in this matter on September 18, 2008, with the following in attendance: The Father, Frank D. Frey, with his counsel, Harold S. Irwin, III, Esquire, and the Mother, Robyn L. McKillip (Frey), with her counsel, Bradley L. Griffie, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court dated July 25, 2006, providing for shared legal custody and shared physical custody. The Honorable M.L. Ebert, Jr. entered an Order of Court dated September 5, 2008 providing for Father to have temporary physical custody. 4. The parties agreed to an Order in the form as attached. q-11-o1 Date cq ine M. Verney, Esquire Custody Conciliator FRANK D. FREY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3043 CIVIL ACTION - LAW ROBYN L. MCKILLIP (FREY), : Defendant : IN CUSTODY ORDER OF COURT AND NOW, this IOthday of September, 2009, ninety days having elapsed since the entry of an Order of Court, and being advised that the parties no longer request a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, iacq line M. Verney, Esquire, Cu ody Conciliator F#iE"? f ,Of-- OF THE PROTP( < TARY 2009 SEP 10 Ph 2= 4 3 PENN:i' LVAINA