HomeMy WebLinkAbout06-4532
KOPE & ASSOCIATES, LLC
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeCa?comcast.net
Attorney for Plaintiff
JEREMY YOUNG : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PA `-?-
vs. NO. ?Z.-•?153?1:lu?L l
DEANNA FRY, CIVIL ACTION - LAW
Defendant. IN CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff is Jeremy Young residing at 23 E. Main Street, Plainfield,
Cumberland County, Pennsylvania.
2. The Defendant is Deanna Fry residing at 377 Mooredale Road, Carlisle,
Cumberland County, Pennsylvania.
3. Plaintiff seeks shared physical and legal custody of the following child:
NAME PRESENT RESIDENCE AGE
Davin Tyler Young 377 Mooredale Road 5 years
Carlisle, Pennsylvania D.O.B. 5/15/2001
4. Davin Tyler Young (hereinafter "child") were born in wedlock.
5. The child is presently residing with the Defendant.
6. During the past five years, the child has resided with the following persons and at
the following addresses:
PERSONS
Deanna Fry
Chris Fry (step-father)
Deanna Fry
Molly Mackey (grandmother)
Deanna Fry
Molly Mackey (grandmother)
ADDRESSES
377 Mooredale Road
Carlisle, PA
123 Opossum Lake Road
Carlisle, PA
Pheasant Run Condos
Carlisle, PA
DATES
Jeremy Young 117 Amy Drive Birth - 2002
Deanna Fry Carlisle, PA
7. The mother of the child is Deanna Fry, currently residing at 377 Mooredale Road,
Carlisle, Cumberland County, Pennsylvania.
She is married.
8. The father of the child is Jeremy Young currently residing at 23 E. Main Street,
Plainfield, Cumberland County, Pennsylvania.
He is not married.
9. The relationship of Plaintiff to the child is that of Father.
The Plaintiff currently does not reside with anyone.
10. The relationship of Defendant to the child is that of Mother.
The Defendant currently resides with the following person:
NAME
Chris Fry
RELATIONSHIP
Husband
11. Plaintiff has not participated as a party in previous litigation concerning the
custody of the child.
12. Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights with
respect to the child.
13. Plaintiff is requesting shared legal and physical custody of the child.
14. The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The Plaintiff has visited with the child since the break up of Plaintiff
and Defendant's marriage as much as the Defendant has allowed;
consequently, the Plaintiff has a well established and loving
relationship with his child.
(b) The Defendant has been denying Plaintiff visitation with the child,
and without Court Ordered visitation, the Defendant will continue to
deny Plaintiff visitation with his child, which will cause the child (and
Petitioner) to suffer immediate and irreparable harm.
(c) Plaintiff is able to provide a stable home and emotional
environment for the child; and
(d) Plaintiff has the facilities to provide for the care, comfort and control
of the child, as well as the intention and desire to do so.
15. Each parent whose parental rights to the child have not been terminated and the
persons who have physical custody of the child have been named as parties to
this action.
WHEREFORE, Plaintiff requests that this Honorable Court grant the following
relief:
(a) Award Plaintiff shared physical and legal custody of the child.
Respectfully Submitted,
LLC
By:
Shane B.
Dated: ;/O
VERIFICATION
I, Jeremy Young, the Plaintiff in this matter, have read the foregoing Custody
Complaint. I verify that my averments in this Complaint are true and correct and based
upon my personal knowledge. I understand that any false statements herein are made
subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to
authorities.
Dated:
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JEREMY YOUNG IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
DEANNA FRY
DEFENDANT
06-4532 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, August 15, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Tuesday, September 12, 2006 at 12:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ Melissa P. Greevy, Esq.
Custody Conciliator
40-
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
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JEREMY YOUNG,
Plaintiff
VS.
DEANNA FRY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4532
IN CUSTODY
ENTRY OF APPEARANCE
Please enter my appearance in the above-captioned matter on behalf of Defendant,
Deanna Fry.
Respectfully submitted,
.aA,
Date:
Mark A. Mateya, Esq.
Attorney ID No. 789
P.O. Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
CERTIFICATE OF SERVICE
I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing
document on the following person(s) by depositing a true and correct copy of the same in the
United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County,
Pennsylvania addressed to:
Shane B. Kope, Esq.
4660 Trindle Road, Suite 201
Camp Hill, Pa 17011
1 0 )'Iwc
Mark A. Mateya, Esquire
PO Box 127
Boiling Springs, PA 17007
(717) 241-6500
(717) 241-3099 Fax
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S E P 11 8V 2006
JEREMY YOUNG, IN THE COURT OF COM
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 06-4532 CIVIL TERM
V.
CIVIL ACTION - LAW
DEANNA FRY,
IN CUSTODY
Defendant
ORDER OF COURT
AND NOW, this ar? day of September, 2006, upon consideration of the
attached Custody Conciliation Summary Report, it is hereby ordered and directed as
follows:
1. Legal Custody. The parties, Jeremy Young and Deanna Fry, shall have
shared legal custody of the minor child, Devin Tyler Young, born May 15, 2001. Each
parent shall have an equal right, to be exercised jointly with the other parent, to make all
major non-emergency decisions affecting the child's general well-being including, but not
limited to, all decisions regarding their health, education and religion. Pursuant to the terms
of 23 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 of 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. All decisions affecting the
child's growth and development including, but not limited to, choice of camp, if any; choice
of child care provider; medical and dental treatment; psychotherapy, or like treatment;
decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and
shall be made with the parents jointly, after discussion and consultation with each other and
with a view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody. Mother shall have primary physical custody subject to
Father's rights of partial custody which shall be arranged as follows:
A. Commencing September 23, 2006, on alternating weekends, on both Saturday
and Sunday, Father shall have custody from 8:00 a.m. until 8:00 p.m.
3. Transportation. The parent receiving custody shall provide transportation
incident to the custodial exchange.
NO. 06-4532 CIVIL TERM
4. Holidays. The holiday schedule shall supercede the regular schedule.
Thanksgiving and Christmas. Each year Mother shall have custody from 9:00 a.m.
until 3:00 p.m. for these holidays. Father shall have custody from 3:00 p.m. until 9:00
p.m. for these holidays.
5. For a period of twelve hours before and continuing throughout any period of
partial custody with the minor child, the parties shall consume no alcoholic beverages nor
possess or use non-prescribed controlled substances whatsoever. The parties shall likewise
ensure, to the extent possible, that the other household members and/or house guests
comply with this prohibition.
6. A hearing is cheduled in Courtroo Number 3 of the Cumberland County
Courthouse, on the 29-4 day of PorevsW7L 2006, at ` V * o'clock
.M., at which time testimony will be taken. For the purposes of the hearing, the Father,
Jeremy Young, shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for the parties or the parties pro se shall file with the Court and
opposing counsel/party a memorandum setting forth each party's position on custody, a list
of witnesses who are expected to testify at the hearing, and a summary of the anticipated
testimony of each witness. These memoranda shall be filed at least ten days prior to the
hearing date.
BY
J.
Dist: Mark A. Mateya, Esquire, P. O. Box 127, Boiling Springs, PA 17007
Lesley J. Beam, Esquire, 4660 Trindle Road, Ste 201, Camp Hill, PA 17011
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JEREMY YOUNG,
Plaintiff
V.
DEANNA FRY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4532 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF
Davin Tyler Young May 15, 2001 Mother
2. Father filed a Complaint for Custody on August 7, 2006, seeking shared
physical and shared legal custody of the minor child. A Custody Conciliation Conference
was scheduled for September 12, 2006. Present for the conference were: the Mother,
Deanna Fry, and her counsel, Mark A. Mateya, Esquire; the Father, Jeremy Young, and his
counsel, Lesley J. Beam, Esquire.
3. Father's position on custody is as follows: He and Mother separated some
time in 2002. Since that time, Father has alleged that Mother is denying contact with the
minor child. Accordingly, he seeks an Order of partial custody. Father works the 3:00 p.m.
to 11:00 p.m. shift six days a week at Syntech, and is often able to be off on weekends.
Father usually finds out by Wednesday preceding the weekend whether he will have to work
any weekend shift. Therefore, he would like to have custody on alternating weekends from
Saturday at 8:00 a.m. until Sunday at 8:00 p.m. He reports that the child would have a
separate room in his home.
With regard to Mother's concern about his alcohol use, Father admits to having had
one DUI but denies that he has a drinking problem. In addition to the weekend periods of
custody, Father would like to have a holiday schedule and wants two weeks of custody in
the summer time.
4. Mother's position on custody is as follows: Mother resides in Carlisle with her
husband and the child. She is pregnant and expecting another baby in April, 2007. Mother
is employed in the home provided limited day-care services. Mother's concern with regard
NO. 06-4532 CIVIL TERM
to the custody is primarily related to two issues: first, Mother alleges that a history of several
DUls and other criminal charges, have led her to believe he has a serious alcohol problem.
She is further concerned because he denies that he has a problem. Accordingly, Mother is
adamant that Father not be permitted to have custody of the child overnight.
Mother's second concern is that of the lack of consistency of Father's presence in
the child's life. In her experience, he has stopped contact with the child, often for several
months at a time. She relates that it seems that his participation is related to whether or not
his then-present girlfriend likes having Davin around. Mother views this unreliability in
Father's presence as being emotionally difficult for Davin.
Mother produced documents printed from Father's "My Space" web account
indicating multiple references to alcohol consumption, and an image from his web site of
Sesame Street characters participating in a sexual act.
5. The parties were able to reach an agreement for alternating weekend periods
of shared legal custody and prohibitions on intoxication and non-prescribed substance use
during their periods of custody. They were not able to reach an agreement on Father's
request to have overnight periods of custody. Accordingly, the parties are in need of a
hearing to address this issue. It seems that the parties w' ee ne day for hearing.
Date
Melissa Peel Greevy, Esquire
Custody Conciliator
:283271
JEREMY YOUNG, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 06-4532
DEANNA FRY, : IN CUSTODY
Defendant
STIPULATION AND AGREEMENT REGARDING CUSTODY
Plaintiff Jeremy Young, hereinafter referenced as "Father," and Defendant Deanna Fry,
hereinafter referenced as "Mother," hereby agree to the following terms in an Order defining
custody and partial custody rights and responsibilities in relation to, Davin Tyler Young,
hereinafter referenced as "Child."
1. Legal Custody. The parties, Jeremy Young and Deanna Fry, shall have shared legal
custody of the minor child, Davin Tyler Young, born May 15, 2001. Each parent shall have an
equal right, to be exercised jointly with the other parent, to make all major non-emergency
decisions affecting the child's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 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 of
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. All
decisions affecting the child's growth and development including, but not limited to, choice of
camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like
treatment; decisions relating to actual or potential litigation involving the child directly or as a
beneficiary, other than custody litigation; education, both secular and religious; scholastic
athletic pursuits and other extracurricular activities; shall be considered major decisions and shall
be made with the parents jointly, after discussion and consultation with each other and with a
view toward obtaining and following a harmonious policy in the child's best interest.
2. Physical Custody. Mother shall have primary physical custody subject to Father's
rights of partial custody which shall be as follows: Commencing January 1, 2009, every other
Saturday from 11 AM until 8 PM and every other Sunday only from 11 AM until 8 PM. Father
shall custody of Davin on weekend one and weekend three of a four week rotating schedule.
Additionally, Father shall have one overnight on Saturday night of week one in addition to the
times listed above.
3. Transportation. The parent receiving custody shall provide transportation incident to
the custodial exchange.
4. Holidays. The holiday schedule shall supercede the regular schedule.
Thanksgiving and Christmas. Each year Mother shall have custody from 9:00 a.m. until 3:00
p.m. for these holidays. Father shall have custody from 3:00 p.m. until 9:00 p.m. for these
holidays.
5. For a period of twelve hours before and continuing throughout any period of partial
custody with the minor child, the parties shall consume no alcoholic beverages nor possess or use
non-prescribed controlled substances whatsoever. The parties shall likewise ensure, to the extent
possible, that the other household members and/or house guests comply with this prohibition.
6. Both parents agree to provide the minor child with an ADHD - friendly diet at all
times. Both parents further agree to cooperate with each other and to maintain their own
education on and information about the appropriate ADHD diet for the minor child.
7. The parties may modify this Agreement by mutual consent. Any modification or
waiver of any of the provisions of this 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.
8. The parties hereto acknowledge that they have had the opportunity to consult an
attorney prior to executing this Agreement. Father is presently unrepresented in this matter.
Mother's attorney is Mark A. Mateya.
9. The parties hereto agree that this Agreement shall be recorded and incorporated into
an Order enforceable by the Court.
1/2v /O
oung
Date ` Witness V Q
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Date Deanna Fry
Date Witness
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• MAR 0 L 2094
JEREMY YOUNG, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 064532
DEANNA FRY, : IN CUSTODY
Defendant
ORDER
AND NOW, this day of Kearv 2009, upon consideration of the
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attached Custody Stipulation and Agreement it is hereby made an Order of Court as if entered
after Petition and hearing.
BY THE COURT,
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