Loading...
HomeMy WebLinkAbout94-05835 :1 "-I ," 'I" , I I- " " ";-, i' , I " I I " 'I 1 I , , " " , '1_' I ! " , " I I I , " 1 " I " I 1 i : '. !, '" J- ;9 '1'1 , , 1 I ," .,1,1 I' ", " tJ' ,7- tl I, , " " " , , ~ !~ ,,,,< '-II ..' " I, J " ~ " , I ) I I to ~ ,I '6J It) " '(1-, ,,' it, .' " ~ ~ 1"-'.'''-'' .. ", . -/ J lktt< .-L:" ~ )~ jjvJ ~ p ~ ~ $1-1.{ ..vrtU/Jtl"tt-nf- ~ ~W~k~ k~.th:r~ ,~, J ~fYl .-!u.u k h4- ffi .4vO',.~~ 4'wI .lA, jJ~ve 1-4--. "J ~ A.. U- ~ 'i1 ,:B MI ~I J ~M ,~t>{ r'!- k JJFt- ~ ~ .1J J~M ,~ -c\.~' J .JJiR'UC ;tj~ d../My. ~ ~I ~ ~~~ t? ~' J1MY/ .Jrede ~ ~ h-Ul .XI~ J~ J fd ~ ~ ~ .(#Vt. , '-1:; ~ JJt~ife .;t-o-' ~. j ~t ~ .1riu.tK 1-<<1 ,j ,a..-ffl ) 0 0 v/~ AM.,U- ~f) ~d ;i?~f- ~ ~ rf.~ ~- jJuJ' J:4U p~ ~ rtiJR .hWl k ~Ju Ju;,n ff~. PY.' -tJc{';Z:~ ;JI7: I P~ld~1 ! J;Flt )7/~L(Ju~ J,:.D IJlt- l!~Jit;/ c&j},lLau-'~ At. 6',,) aru:A ,i:. 'j'"d <,A. ,h...."u-f .jU /! 'r 1(.~6.,L''r:t:6_m )w;,v.. &~l ~li /..,C.i..J/ J.J.i/ )10 cP/ 1.-I.1.J..//. .;J..c LA... ,< (.'-" Jt..-.L. i.,!.,x.,.L!< 'SC:'/f;' 1,.&0.. .fl&;' . ~ . }/~'['.JJ5..,<. 'J . " J., j' (j, . I~,-,,- ,L..., tC C'!." J).. J Ie .' rZU..'v{' ;;;a.'t '-<)l.:.u......{W : , ( 'Ii . \ I.. :t"' ~ I ' '" I ' 'J I,., ./)".,h".\ .:(,;, )""1\" i/f.c' /',t,"U'fAJ<J. "". I.i...~. ---,~'" ,.~........ _....c.J.....,.... l.o- L f'l' I' , . ' ~.' I ' / ' j--f-4'L4AuJ.~ ,'{V~tt,. '-' ..4( /u. ( ,0--- (.~'c:',{~A "j~,-c. . . ~Nc. . ~ I' , , .. ~ " ,,):'~h'i" :\1'['" '.,J, '~r t r! ~ ,I, - I '- 'I I , r - . I ~_" , ! ../0-. '! . , -' !-... J~ ~ff. A~ ;fI~ ~ A:-bt<t.itJ( ~ .IU-~1f ~ Id~~ ,i&- ~-/1 ~ 'I. Y k ~fl j~,t,It/~~rf-(1 j ,.KUVl ~ ~( 'Aii ;tk. .ivn.~ ~lG4- A-<r~- J~ ' A-_~ JL:--.c _ }'~(,"<-l ~l _~( ~tr ~~...;: j dlWL. J ft-.... ~ :k~:f k f';~ ' J ~0 ( J.M"1 rl- ~ .iKd- / AU~( . 4<~ ~ tYl j) ftNi'- ~< + A -if~ ~ 4- J~v~, I~j~ ~~ ~ ~ ~f$~ .:ck;J ~~,. 1i~'AJ ;&- ~ ~~fo',&( _ t:!J J., ' ~ ~~ j;vtvte J ~ ~~ k~- rW1 +-:tM-r-. J UvU- k ~ IJ AM A Jrf ~)~~~~Kk~_- M- 17v'~ )tL J-~ ,~ ~ ~f.4 ~ ~r1A ~ fr ,.W /fwTt ~ j~~,}~ .. ;,: ~ ~dtj:;~7 ..~..~.. ~ ~\"CLf/..tfj -tJ.-YL,eJ..' r~ rA~ .,.. ~,~ -~ ~~vt.(;r;& /c1- ,~rf tftN~m ~ ~ 4-~U~#. ' ..P ),Rrl ~ :Jr /.:'1,..vl AM,.d(/L..t:-M A-r-'''4,U; J.f\-M ;&~tJ.- ,I1V\i ~A..-~ ~;..A I!-VW ~ ~~rv'~ ,{r ALa~(, j j~ /yt,&! i;"y-u/ k );./7.~'f'.l /Jr If ~I ~ d /th.. &M.i- -!>0:Q/.Aj1"\ .k- it.t ~~ q.~, ~ . I I I I I I . I I . 11- ,;J JUA.l1v.-- -~tfft./'1l ", ~'.i /If.,,u,a1,/-. ~. .-Jq{l""'; ~~-rU- ~-';"-n ~ _4e<!~Uie jK"l~r0- rVf- ~ -eu1 M9~I! 4tf!/; k ~ .J.Q~K..AV'-J ., ~'U-: J Ju1. JJ4 J JHY\.1r--d Ldd ----,' t ~ .e~J Ad~GtI~*..4r,. .._,..____;J W.J~ cI hi ~ / . .. ~ . ..".... .-...--t ~ p/! ;tAt..k ~ jt!'-<- ~._~ . 1r0 ,J f.d. !ftk.f J ~ ff ~ ~. , ., I:; , . '. ~03vt1 ~ vtU-k .,_,f ;;1- ~. ~~,~ /H~ j)~ /tr IF ~,.- tff1 ffi-. A~~. 7ny/Jd--__- )\PA- ,4{ f" Jff~ ~ . . '~i- ~~k ~" . ',--- ~ :00. PM !J'l' ANf..-7~~f- .4O.k --{~, ..-- t::/#':1f;,,,!Z~ ~ ~-~;P ~: ~ <<-L ._ ~ tn:. A.iL -t~ i~(A.~ d.., .A..t:- 4.t-t/iA-ulJ .. ~ ;b- (f~/ ~ ' . rW~-,q!r/~ k';tdR..~ p~ fib ~ /'~ ~~ .- ~ ~ Il M -J-'~f- ,':"'1 ~ /t'l--adty , ~;;' J;r ~~ <1 J 'r?:.'- hvt. ~" ~'-4f ff~v~~ ~;( f:i! A'<<~ Ji-. .jf-Q-eA ~ k J I ~ff~'I 4#. " - ~,(. \ /0'1- -("1 .u,vt\ fl // ~ , r fc...vt./ ty/t../f. I . __ ~.. 1\., 1.1'; . ijtI \', , .l I i f ".. ! ~ ~.~ ~ '.. oJ "''''''~ ~ ~ t~'qO mot ~ ~J. ~ ~~.J.~~~~. ~ ~ ~ ~ .;... ~ v:.... ~ ~,~,: fC o.-t.. '4Iv... 01.,(<<-,<<" ~ ~ ~ ~,..... . M '-.>o-tc.U. ...;. A.l. ~tl"'-"'~ ,~..L 4..' ~. ~. CP" - ....... I\'l..O"'" 8' "if"-' ~ .,J.. ~ ~ ~. ~4 ....t ~ . ~ oJ.4c,- p~ J ~ ~ ~ to .u..... ~ ~ .Ie) ~ · ~ ~ C~ ~ ~ ~:~.~ ~~ S..~ ~<I;"~ ~crs- ~ ~ J.:: ~~~ ~ ~ -k> ~ ~ ~ ~ .J. Jl~;,-.l ~~ J~~k ~ ()..~ ~fk-~ .j.o y ~ . rAJu.J.. J c.-.li- +!. .1 rk4.'t sl.f~ 1 ~ ..J.....- +l..t ~ ~ ~J~ fY\.P~~~.!:IkL~ cJ.u( c.....t).J.i> aJ ~..~.::;k.-.U' ~ ~ f _ ~ ~ ,.JI...,.. h H..I (/Y\./ ~. ~ SE- fcv l<mo.w J ~ tr\tr ~ 4>> r .j.o ~ -#uO j,..).1/ do.J ~ * ~ -+0 -bu>>J ~ ~ - ~~ tv ~ ~.~ c.-.- W&4- ~cs~M ~~.. Svv-\ V ~ '}-rl\()/VV o NAME .0 CATE OF IlIIRTH n SEX "'1 !_.J SOCIAL SECURITy NUMIlIER [J RACE 1-' MAIOEN/ALlAS ,~AME ~~.n ;,,: \ ~<- ,~C u}.') e~tR .IJI~d. 5"..(4 ~~.~\. ,f?'ifcroFlo CEN rRAl F1~POSITOFloY\ [] CRIMINAL RECORO ATTACHEO ~ IN RMATIl.lN OtlJ:Jp.MINAnm 8'( rHIi ':Ii~m~".I.l.ltl:i~I)/JlTO'~'( 16 i3.J.:iIiIJ 'IN fHIE I'OL.I.OWI/IIG IClENTI"II!RS THAT Io1A n:H rHOM fl'IJRNI~HI!D \3., fl1!lI~E(.:lUI!:1 f1!:~. I h... (.'''''''1' In'..... .... b.I'i..!d . 1ft ....ornpiUI!'10n of data prollldad b" rh~ reque"iter In. P:ld I iqdlfl'd ttll'! Inffu'm<lh(Jrl c'lnf..Jlf1.,d ., trl!' h'."~ II llt"Ppfll-!'l.,l'llll.) St,lto POllI:fl Central R", O!Jltor\ of1I',and(f(J~nnt rt3dIJIIl!.th,,'''''.cJ'itI:!JI'P'lfl''II''1'1 .-. (~"tll,I.<n1' t " 5. It is believed, and therefore averred, that there has been a history of violence between the Respondent/Mother and her current husband, David Stephens, including but not limited to criminal charges of simple assault and stalking having been brought in Dauphin County against the Respondent in 2001, and assault charges having been brought against Respondent's husband, David Stephens, in Franklin County in July of 2004, which resulted in David Stephens being placed on probation for a two (2) year period. 6. The minor child in question, Paul E. Frye, IV, has witnessed the violent behavior of his mother and stepfather while in his mother's custody. to his great detriment and harm. 7. It is believed, and therefore averred, that there have been numerous instances of violence perpetrated upon the minor child by the Respondent/Mother. 8. On Thursday, August 12, 2004, Mother did physically assault the minor child, Paul E, Frye, IV, and did strike him about the fact and did also scratch his face. During this physical altercation, the minor child fled the home of the Respondent/Mother, and did walk approximately seven (7) miles towards his Father's home before being picked up by a "Iood samaritan" minister, who was traveling by and who did transport the minor child to his Father's home. 9. The Petitioner/Father did take his son to Cumberland County Children & Youth Services on Friday, August 13, 2004, and a report was taken by Jeanne Sc:hotl. 10, As a result of the above-mentioned physical altercation on Thursday, AUJUStl2, 2004, the minor child, Paul E. Frye, IV, suffered bruising about his face, and also scratches to his face. II. Since Thursday, August 12, 2004, the minor child, Paul E. Frye, IV, age fifteen (1'), has been in the sole custody of the Petitioner/Father. 12. The Petitioner/Father believes, and therefore avers, that should the minor child, Paul E. Frye, IV, be returned to the custody of his mother,the minor child will be at risk of physical harm, and lhatthere will be a risk of a physical altercation between the minor child and his mother, which may result in injury to either person. 13. It is believed, and therefore averred, that there is a history of physical abu.'Ie of children on the part of the Respondent/Mother resulting in other children, including the daughter of the Respondent/Mother, being removed trom her custody. 14. The Petitioner/Falher is currently engaged to be married to Irene Shoemaker, and resides with Ms. Shoemaker and her fourteen (14) year old son, Jordan Troup. The minor child, Paul E. Frye, IV, has a very good relationship with his father, as well as his father's fiancee and her son, Jordan Troup, and the minor child, Paul E. Frye, IV. strongly wishes to reside with his father. , , ~~. \n t' LJ , . , , !,I , , , '. I' I ~'W , " I~I . U"I Ll! I-~- ~- [i: ~(J " .i. ,.. ....-: LJ" --")- L; , ' \'._~ , .1 . . " , .. "" \ oJ )- 0 ~ -t ~ ..... ~ \\~ f ~ ..... PAUL E. FRYE, III, Plaint! ff IN THE COURT OF COMMON PLEAS OF Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5835 CIVIL TERM CUSTODY v. CINDY K. FRYE, CUSTODY ORDER AND NOW, this 2. ..,1 day of November, 1994, upon consideration of the Consent Alreement, the Temporary Custody Order entered on October 21, 1994, is vacated and the followin. Cu"tody Order is entered re.ardingthe parties' child, Paul E. Frye, IV. 1. The mother shall have primary physical custody of the child and the parties shall share legal custody. 2. The father shall have the child every other weekend commencing November 4, 1994, from Friday at 5:30 p.m. until Monday morning when the father shall deliver the child to his school, and on the weeks following his weekend from after work on Wednesday until Thursday morning when the father shall deliver the child to his school. In addition, on alternate weeks commencinl November IS, 1994, from Tuesday after work until Wednesday morning when the father shall deliver the child to his school. 3. The father shall have the child on Father's Day from 9:00 a.m. throuah the followin. morning at 9:00 a.m. and the mother shall have the child on Mother's Day from 9:00 a.m. through the followina morning. This schedule supersedes the above.listed periods. 4. The parties shall alternate holidays from 10:00 a.m. until 6:00 p.m. as follows: the New Yeal'S holiday, Easter, Memorial Day, July Fourth, and Labor Day. S. The parties shall shar\i Thanksllivina Day holiday with the father havin, the child from 9:00 a.m. until 2:00 p.m. in even years commencin. with Thanksliving Day, 1994. and from 2:00 p.m. until 8:00 p.m. in the odd years. 6. The Christmas holiday shall be shared by the parties on an alternatina basis each year, with one parent havin& the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother shall have the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. in 1994. 7. Each party shall have the child for two weeks of uninterrupted vacation each year (including a maximum of two weekends). The parties shall provide each other with 30 days advance notice of their proposed vacation period as well as addresses and telephone numbers where they can be reached if they leave the area durinlltheir vacation period. 8. The parties shall share transportation of the child. The mother will deliver the child to the father's home, the father will return the child to the mother's home, and during transfers of custody the parties shall remain in their vehicles. 9. At times when the parties require care for the child because of their work schedules, they shall give each other preference before making alternate child care arrangements. 10. The father and mother, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. 11. The father and mother shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emeraencies which arise while the child is in that parent's care. 12. Neither party shall do anythinll which may estranae the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5835 CIVIL TERM CUSTODY PAUL B. FRYE, III, Plaintiff v. CINDY K. FRYE, CONSENT AGREEMENT This aereement is entered on this 2.."bay of November, 1994, by the plaintiff, Paul E. Frye, Ill, and the defendant, Cindy K. Frye. The plaintiff is represented by Rebecca R. HUlhes of IRWIN, MCKNIGHT & HUGHES; the defendant is represented by Joan Carey of LEGAL SERVICES, INC. The parties allree that the Temporary Custody Order entered on October 21, 1994, be vacated and the following may be entered as a Custody Order. 1. The defendant, hereinafter "father", and the plaintiff hereinafter "mother", qree to the entry of an Order providing for the followinll custody schedule for their child, P."'ul E. Frye, IV: a) The mother will have primary physical custody of the child and the parties will share legal custody. b) The father will have the child every other weekend commencinll November 4, 1994. from Friday at 5:30 p.m. until Monday morning when the father will deliver the child to his school, and on the weeks following his weekend from after work on Wednesday until Thursday morninll when the father will deliver the child to his school. In addition, on alternate weeks commencing November 15, 1994, from Tuesday after work until Wednesday mornin& when the father will deliver the child to his school. c) The father will have the child on Father's Day from 9:00 a.m. throuah the followinl morning at 9:00 a.m. and the mother will have the child on Mother's Day from 9:00 a.m. through the following morninl. This schedule supersedes the above-listed periods. d) The parties will alternate holidays from 10:00 a.m. until 6:00 p.m. as follows: the New Year's holiday, Easter, Memorial Day, July Fourth, and Labor Day. e) The parties will share Thankslivinl Day holiday with the father havin& the child from 9:00 a.m. until 2:00 p.m. in even years commencinl with Thanksgiving Day, 1994, and from 2:00 p.m. until 8:00 p.m. in the odd years. f) The Christmas holiday will be shared by the parties on an altcrnatina basis each year, with one parent having the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother will have the child on Christmas Eve from S:OO p.m. until Christmas Day at 10:00 a.m. in 1994. g) Each party will have the child for two weeks of uninterrupted vacation each year (including a maximum of two weekends). The parties will provide each other with 30 days advance notice of their proposed vacation period as wcll as addresses and telep~one numbers where they can be reached if they leave theä area during their vacation period. h) The parties will share t~ansporlation of the child. The mother will deliver the child to the fathcr's home, thc father will return the child to the mothcr'~ ~ ~~ ~ ~I~"~ ... J ~ {f~J! I ,~~ ... ~~ ... lJ '~ u~ ci~ . 'II. 11 j" ~~ ~ ...a. ~ 2! II ~.,,' f , A .~ 8. ~ ~U1~ . ~ ~ ~ AI. : ~ ~15~ . . Ill: r.l ~ i ~ ~ ~ . . .' . PAUL E. FRYE, III, plaintiff IN THE COURT OF CJCXoIMOO PLEAS or CUMBERLAND COON'l'Y, PENNSYLVANIA va. NO. 94-5835 CIVIL TEIlM Defendant CIVIL ACTIOO - LAW IN CUSTODY!VISITATIOO CINDY K. FRYE, ClUlBR rI axe ., 1Uf, this l~ tt. day of upon COll.lIideration of t~ custody ordered and directed as follows: 1. The parties shall submit themll4llves, their minor Child, and any other family members or other persons deemed necessary by the evaluator, to an evaluation by Arnold Shienvold, PhD. or other professional selected by the Father. This shall be an independent custody evaluation. '1'he parties shall sign all necessary releases and authorizations for the evaluator to obtain medical, peychological and other information pertaining to the parties and the Child. The costs of this evaluation Mall be paid by the Father. The Mother shall cooperate in participating in the evaluation, and shall schedule times for the Father to have additional periods of custody, if necessary, for evaluation sessions with the Child. , 1997, Report, it is 2. pending further order of Court or agreement of the parties, this Court's prior order dated Noverr*ler 2, 1994 shall continue in effect with the following modifications and additions: A. The Father's one period of overnight custody per week under paragraph 2 shall be modified to take place on every 'rhursday when the Mother shall transport the Child to the Father's residence at 5:30 p.m. The Father shall transport the Child to school the following Friday morning by 8:30 a.m. AlterMtively, the Father may traneport the Child to the Mother's residence prior to arr! val of the school bus on Friday morning provided the Father notifies the Mother by telephone by 7:00 a.m. on Friday morning. B. Neither party shall use corporal punishment as a form of discipline for the Child. C. The Child shall not be taken to Wesley Young's residence for babysitting. D. In conjunction with paragraph 9 of the Novear 2, 1994 order, in the event the noncuatodial party is not available to provide care for the Child a8 requested by the custodial party, the custodial party shall contact other family meal'S to pl'ov ide the necessary care. The Mother agrees not to take c-:'>.. ",' , ......"V " . trI ~ .... , , , .... l " ~ ~ '.' , r~i" ",mt/I ,'_':.I! \,", , ""'."',1,' ':1, ,f: (I' I.,r. ,dlJ "' .\;1 ,'11 " , ',," , , .// li':/' I, " , ',' ',':1 '. , i'q , , , ., , ,'(I, " . , .,' " , ,'I' , I , Ii :/1' ','I .. " :,!t ., .,. ".' ',' " 'I ',I " , ~. 'I . " " 1" , ' .\ " " I,. '" i',\1 ", !I' ',1'1, " '",. '."...... ,-;10,',' , , ,. J., ",',t, " " ',1/ " , , ;', 1 " ":;";' 1,' ,,'e ". , .' ., " "I. "'ll :(.~!-, '! , I,l '"r, '" " ': .,.~)W,i.~:- ,,' ( I . ~'; Ii " , f,' I'" '. , ,.'," r, , , , j" , , " 'I" -"1 " " .] . ',I 1,"- ", 'I' . .1', ,I', """1 ,"',"-j""T"!"T"1'r- Keyer end Brown A Pro4ulonelo C()fporatlon LlIlefly lofl . 41.lIbefly AV'Il~ . C.Kste, PI. 11013 1711)~4307m ~ 2 19';Jf)f- JlIN """''''r; .., of Children and Youth Services, obtained counselinll for the children with the I'lIpe crisis center. Paul E. frye, IV's counselor, Sally Ritter. has recoml11l!nded until further notice that the father be restricted . to supervised visitation with the child. The supervision should be provided by an allency such as the YWCA, rather than by one of the father's family members. 7. The Plaintiff in prior cU~1ody contests has threatened to remove the child or in the case of Mrs. frye's custody action allainst another party, hIlS recommended removal of the children from the Commonwealth of I"ennsylvilllia lIS a means of circumventing court orders and restricting access to the rillhtful custodial parent. 8. Plaintiff and his family in telephone conversations with the Defendant have threatened physical violence upon the Defendilllt and her family, including the child in the event that she pursue this emergency custody petition, or in any other way attempts to restrict his access to the child. 9. The best interests and welfare of the child will be served by restrictinll Plaintiffs access to the child to supervised visitations that would occur at an institution such a~ the YWCA. Given the current allellations being investigated regarding sexual improprieties, and coupling these concerns with the Plaintiff as a potential flight risk, it would be imprudent to allow the current custodial arranllement whereby the father enjoys periods of unrestricted temponuy physical custody to continue. furthemlOre. given these factors, it would be inadvisable to nominate the father's spouse as adequate supervision for his visitation as this would not address the concern of the father's potential flight from jurisdiction. Grantinll th~ Plaintiff the relief requested will be in the best interest and welfare of the child a~ it will ensure that the child will not be removed from this jurisdiction pending further action by the court, and it will ensure the child's safety until such time a~ the authorities have completed their investigation regardinll the allellations of sellual impropriety. WHEREFORE, Defendant requesh the court to issue a temporary custody order thai sUJlfrsedC's from 2:00 p.m. until 8:00 p.m. in the odd years. 6. The Christmas holiday shall be shared by the parties on an alternating basis each year, with one parent having the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother shall have the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. in 1994, 7. Each party shall havc the child for two weeks of uninterrupted vacation each year (including a maximum of two weekends). The parties shall provide each other with 30 days advance notice of their proposed vacation period as well as addresses and telephone numbers where they can be reached if they leave the area during their vacation period. 8. The parties shall share transportation of the child. The mother will deliver the child to the father's home, the father will return the child to the mother's home, and during transfers of custody the parties shall remain in their vehicles. 9. At times when the parties require care for the child because of their work schedules, they shall give each other preference beforc making alternate child care arrangements. 10. The father and mother, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. II. The father and mothcr shall notify the other of all medical care the child receives while in that parent's care, Each parent shall notify the other immediately of medical emergencies which arise while the child is in that parent's care. 12. Neither party shall do anything which may estranlle the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free PAUL E. FRYE. II I. Plaintiff Defendant [N THE COURT OF Cot.MlN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5835 CIVIL TERM CUSTODY .v. CINDY K. FRYE, ~fM' AC~ This agreement is entered on this _ day of October, 1994, by the plaintiff, Paul E. Frye, [[I, and the defendant, Cindy K. Frye. The plaintiff is represented by Rebecca R. Hughes of IRWIN, MCKNIGtIT & HUGHES; the defendant is represented by Joan Carey of LEGAL SERV[CES, [NC. The part ies agree that the following may be entered as a Temporary Custody Order. 1. The defendant and plaintiff agree to the entry of an Order providing for the following custtxiy schedule for their child, Paul E. Frye, [V: a) The parties will share legal and physical custody of the child. b) The father will have the child on Wednesday, Ol'tober 19, 1994, from 5:30 p.m. to 8:30 p.m., on Friday, October 21, 1994, from 5:30 p.m. until Sunday, October 23, 1994, at 5:30 p.m., Tuesday, October 25, 1994, from 5:30 p.m. until 8:30 p.m. and at other times agreed upon by the parties. c) The mother will have the chi Id at all other t !mes except those provided for above in paragraph I(b). d) The part ie,s wi II shMe transportat ion (If the chi Id. The mother wi II del iver the chi III to the father's home, the father wilt return the chi Id to the mother's home, and during transfers of custody the part les wi II remain in their vehicles. 2. The father and mother, by mutual agreement, may vary from this schedule at any time, but the order wi II renmin in effect pen.ling tilt! hearing for ....:..,' ,. I;, !A '"" "'1:: 4t" ,~ :,. , ~ .:. . '-II" i! ':1- .;\<: . .. .. ,. ~J ' .~ M ..:".., " '. '" " Q:) ,~.. - ;)!u.. ~ ~. '.... (~, "'> " PAVL" FltO, Ill, PIddtnt" : IN THE COVltT OF COMMON PLBAS OF : CVMBBltLAND COVNTY, PENNSYLYANIA , , : H- 5~]:> C1JIlL TERM I/o , , CINDY K. FltO. : IN CUSTODY RMr-.'" , , Q.BD.IlI. AND NOW, this day of October, 1994, upon consideration of tbe .""heel PetitiOIl for Special Relief. it i. hereby ORDERED that the Sheriff of Cumberland County i. directed to pick lip tbe minor child. Paul E. Frye, IV, currendy in the custody of the Respondent, Cindy K. Frye, and the SherItr is further ORDERED to work with the Petitioner ill findill8 said minor child. A bearina is sea on this matter for in Courtroom No. - II o'clock in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, J. '. ;jaik //' J (/ /' Jl1 /IW.t: C' /~ ff~ C1f / ~:/~ ;) ,;,iik ,v-~LI kv{ J2"'~f41 t~~ F~ i/..u/& A<tn. IV C' ~:P, ,'j' ..l) JI~ d~.d kvv-e ;:w~ .~ ~ cz.;a./' ~ : d.) I!1lJuej b~ /j ~.iI IZA/rI~., ,. C) lfJJz; ..tuv; &~t-.U/)'l'd,J /,), /5fPl)1 t-WH ;/''3tJ I'm J) C(u~--fkl(A.J;Xfof ~ n d S-'d.;r.n---. t~Y .JtJ./I~ rJ.L 5, ~j/,#I' . e) ,Y.J. 7kV"'1 Jent.ry Ci<~ ~_i1;;,. .r) :Y;l i /;J,i)/M/}lU./~ ~ ~r'- -tJa-, /~AV . ..v.1k- ~-~ fc. _ /,..J.L f~ t$r ~ ~ .A,-"".' ""'tlt,~,../,.o, J V/uuA ~l..' ~ZL i.tJ-!ii?~;PYnhld 4-~+ .-- ~A~. ~ J Clt) vi 'UfJl Iq~'I. fit ~ , , . . ~:;t MG~:DC ~ ~v '/M'd:~:BT 4~;;U I.) I~ ~J'~ ~~ fI ..dd)~) ~a/G8r'.xC cZj4~ 4~;7/~tUt ~~~ r (,(l #~..tAY (' d.) k. Y, AI><;" xiU%~((!) ;#'~l/~'~ l,z:/JS ~ 9~(J (~) ~ ~ ~~<2,(},OI~~ . f/~A<t~) ~ 91 ~ tJ4J ~ :d ~~/1fd'.PiY~~ S:001~~ ~?.'ot:,I'tn../.JI~(c,);{.;~ /';}.'151o 1/-."15' 3) !~ ~ # .);!i 7~ .zt~, . .2;Xj ~~.~ ~ -4/b-= -4 ~ 9)~,., 'f#9i ~\j1 ",UfcJt.. tld-,u b<ku. Ilk SE I~ /99v ~ =..... NIr.WIt~~-:~~ /.+,leon,. '1I<I:o..1llIliw MM:Il ai, .... From September t994 to May 1997: With MOlher, Cindy K. Frye, Robert Joe Nelson, Mother's paramour, Wesley 1. Young, II - Half-brother, and Kathryn K. Young - Half-Sisler at Lot 62 SME, Shippensburg, PA 17257. From November 1993 until September of 1994: With Mother, Cindy K. Frye, Roben Failor - Mother's paramour, Wesley J. Young, II - Half-brother, and Kathryn K. Young - Half-Sister at Failor's Salvage Yard, 452 Crossroad School Road, Carlisle, PA 17013, From November 1992 to November 19'.13: With Mother, Cindy K. Frye, Paul Frye, 111 - Father, Wesley J. Young, II _ Half-brother, and Kathryn K. Young - Half-Sister at 16 Huck Drive, Carlisle, PA 17013. From May 1992 to November 1992: With Mother, Cindy Frye, P-<Iul Frye, 111- Father, Clyde Salisbury- Matemal Grandfather, and Shirley Salisbury. Maternal Grandmother at Enola Road, Carlisle SprinllS, PA, 4. The mother of the child is Cindy Frye, currently residing at 13 Meadowridge Drive, Shippensburg, PA I72S7. She is single. S. The father of the child is Paul E. frye, III, currently residing at 454 Crossroads School Road, Carlisle, PA 17013. He is married. 6. The relationship of Plaintiff to the child is tha! of father. The Plaintiff currently resides with the following person: Name Relationship Sherry Frye Wife 7. The relationship of the d,~fendant to the child is that of mother. The Defendanl currently resides with child and the following person(s): Name Relationship Roben Joe Nelson Paramour Wesley J. Young, II Half-Brother Kathryn K. Younll Half-Sister 8. Plaintiff has not participated as a party or witness. or in another capacilY, in other litigation conceming the custody of the child in this or Wlother court. Plaintiff has no infonnatlon of a custody proceeding conceming the child pending in a COllrt of this Commonwealth. Plaintiff does not know of a person nol a party to the proceedings who has physical custody of the child or claims to have custody or visitation rillhts with respect to the child. 9. The best interests WId permanent welfare of the child will be served by grantinll the Defendant primary physical custody of the child and limiting the Plaintiff to supef\'ised visitation because the Defendant has become aware of allegations allellillg sexual improprieties that tl:e Plaintiff has had with the child and his half-sister, Kathryn, at the period of time when the parties were sti11livinlltollether. Until these allegations are adequately investigated, it is prudent to restrict the Plaintiffs access to the child so that no further harm CWl come to him. As the Plaintiff has no rights of visitation with the Mother's other two children to a prior relationship and marriage, there is no need for the court to address custodial rights with regard to those children. 10. Each parent whose piU'ental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are, known to have or claim a right to cuslody or visitation of the child will be lliven notice of the pendency of this action and the rillht to intervene: Name Address Basis of Clnim None . , , '. . (~j? A/G~ :z€- I;t;d~2IT' ~~~ I.) I~ ~J'~ ~~ If ..dd) AW /aJctf :rC rZJ~;dv ~ ~d~~ ~~~ r (,(), ~duL/4/ rd) ~ ~.ANcAJ .&'tzt~((~) ~/C/~"~ IJ;:/~ ~ 9:;)0 (~) ~ ci .d.l~~/A I (U)I ~ ~ P~,/<i~) '(J ~~7r 'IIMJ ~ ::d //tU&(1Jd~ ~ S:"()~~~ ~?.'O()~II1..41?~rf((j) ~~~ /,;}.'i5 10 II-.NI5" 3) (~ ~.# J.iit rtUHt~ $~' . ~~~~ Ad' ~7Q: ~ ~ 9Pi/P' 9)i/~ ~1.t1 "'~(clC.ltl.d 70 h<ku. fiLe ~ /~ /991 NDInI SIll Daml" DIWIII, '-Y "Mo ,..",....1IaRl\~lIrd~ !.tt~.~MMfl21.1_ 't......,..... , ,..,I.octf. W1IW . . . . /I(;:fjf~ /' VI I "".1 C' "~"1f //I~ ~/~ ;) ."i.ikv4.tI Mvt ~"(~A1 ~~/u1 7 i/p./L/ 4~'t. jJ~ c!'. ~1.11, ..l) ;j.t/.vc <;J/vJld ~ /$~' CJ~I c~ ar:v ~JttJ(# : ~ tL) I!J/I/(((S D"i_ I /) 11-1 a' /15 t) YJt n~A- OuUlJ. " (!.) ~Jh) ~J.a~) ~.' LW)/!: . /.1:/51"" MP //'S',~ j) Cu~-ti..vt. t-(~,c>f .1Uf/Y) M cd ~ dOr--. //-diY .JL/./IdJ CI..;{, $,~j /$1 . e) t vlkt/&1 j-'~~1 ~ 4'divU')~. .r) ~) i /.L1I/ld~?1U/(, ~ t<f2ur'-' -f;k.. ~~ . J)~. ~ .-'~ ft: _ iJ,,:iL I:~' Ar ~ ~ ...vlr-~ Htu.,.-,-".. J ~L .a-d1'l. -P"';6 f= q ~J!l/~~tt)bX~bld " 5. On or about June 20, 1997, a hearlns was held pursuant 10 the reapondent'l petition whereby lhe relpondent accused the petitioner of sexually moleltins the minor child; laid pet.\t!on was diamiued by thil Honorable Court. 6. Subsequenl to this hearlns. lhe minor child has indicated 10 lhe petitioner. as weD as many of hit family membm, that he is fiishtened 10 be with his mother and her boyftiend. 7. The minor child indicated various incidences of abuse includins but nol limited to the foUowinS: a. The respondent resularly beats him with a belt, and if she does nol have a belt, uses a shoe; b. The respondent has taken the minor child to her place of employment, bul directed the minor child to remain in her vehicle and lay on the floor unlil she is done with work; c. Throushout the day, he is limiled in what he can eat and drink, and has expressed his fear of not havinS water; d, The re8pondent indicated to lhe minor child that she would kill him if she looses the currently scheduled Court hearins. anJ thai her boyfiiend would flrSl kick his teeth in and then the respondenl will kill him, 8. While the minor child is in the custody of lhe petitioner, the minor child does no. sleep at niaht because he is afraid his mother will come find him and drIB him out; lhe child lhen sleeps durinl lhe daytime because he does nOl sleep at nishl. 9. The minor child shows physical sians of beins feartW of his mother, inc:ludinl shakin. and cryin.. and desperately beas thai he nol be made 10 10 b"k 10 her home, PAUL I. FRU, III, I IN THE COURT OF COMMON PLEAS OF Petitioner I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I CINDY K. FRYB, I Respondent I NO, 94-5835 CIVIL TERM IN REI PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 111' day of August, 1997, it is ORDERBD and DlRECTBD that the hearing previously scheduled in this matter for December 2~, 1997, is RESCHEDULED to Monday, October 27, 1997, at , 10115 a,m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. 'J3 Rebecca Hughes, Esquire 60 West Pomfret Street Carlisle, PA 17013 Attorney for Petitioner - c.+,.; ~et 3;':A '(VI. ....,'t', James J. Kayer, Esquire 4 E. Liberty Avenue Carlisle, PA 17013 Attorney for Respondent Ire PAUL B. FRYE. Ill. Plaintiff IN THE COURT OF COMMON l'L~S OF : CINDY K. FRYB. Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5835 CIVIL TERM CUSTODY v. ~STODY ORDER AND NOW, this l., l day of November, 1994, upon consideration of the Consent Alreemenl. the Temporary Custody Order entered on October 21, 1994, is vacated and the followin. Custody Order is entered r~aardina the parties' child, Paul E. Frye, IV. I. The mother shall have primary physical custody of the child and the puties 3hall share lelal custody. 2. The father shall have tlte child every other weekend commencina November 4, 1994, from Friday al 5:30 p.m. until Monday morninll when the father shall deliver the child to his school, and on the weeks following his weekend from after work on Wednesday unlil Thursday mominl when the father shall deliver the child to his school. In addition, on alternate weeks commencin. November 15, 1994, from Tuesday after work until Wednesday mornina when the falher shall deliver the child to his school. 3. The falher shall have the child on Father's Day from 9:00 a.m. throuah the following morning at 9:00 a.m. and the mother shall have the child on Mother's Day from 9:00 a.m. throu.h the followin. mornina. This schedule supersedes the above-listed periods. 4. The parties shall alternate holidays from 10:00 a.m. until 6:00 p.m. as follows: the New Year's holiday. Easter, Memorial Day, July Fourlh, and Labor Day. 5. The parties "hall sharo Thanksgiving Day holiday wilh the father havinethe child from 9:00 a.m. unt!12:oo p.m. in OVCln years commencinl with Thankslivina Day, 1994, and . , ' from 2:00 p.m. until 8:00 p.m. in the odd years. 6. The Christmas holiday shall be shared by the parties on an altemat!ng basis each year, with one parent having the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. and the other parent havina the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother shall have the child on Christmas Eve from 5:00 p.m. unt!l Christmas Day at 10:00 a.m. in 1994. 7. Each party shall have the child for two weeks of uninterrupted vacation taCh year (including a maximum of two weekends). The parties shall provide each other with 30 days advance not!ce of their proposed vacation period as well as addresses and telephone numbers where they can be reached if they leave the area durlna their vacation period, 8. The parties shall share transportation of the child. The mother will deliver the child to the father's home, the father will return the child to the mother's home, and durinl transfers of custady the parties shall remain in their vehicles. 9. Al times when the parties require care for the child because of their work schedules, they shaillive each other preference before makina alternate child care arr&naements. 10. The father and mother, by mutual allreement, may vary from this schedule at any t!me, but lhe Order shall remain in effccl until either parly petitions to have it chanaed. 11. The father and mother shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emeraencies which arise while the child Is in that parent's care. 12. Neilher party shall do anythinl which may estranle Ihe child from the olher peroni, or injure the opinion of the child as to lhe olher parenl or which may hamper Ihe free Defendant IN THE COURT OF COMMON PL~AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-S835 CIVIL TERM CUSTODY PAUL E. FRYE, U1, Plaint!ff v. CINDY K. FRYE, CONSENT AGRfFMENT This aareement is entered on this _ day of November, 1994, by the plaintiff, Paul B. Fryc, ro, and the defendant, Cindy K. Frye. Thc plaintiff is represented by Rebecca R. Huehes of IRWIN, MCKNIGHT &. HUGHES; the defendant is represented by Joan Carey of LEGAL SERVICES, INC. The parties agree that the Temporary ClJstody Order entered on October 21, 1994, be vacated and the fOllowinB may be entered as a Custody Order. 1. The defendant, hereinafter . father" , and the plaintiff hcreinafter "mother" , alree to the entry of an Order providinll for the followinll custody schedule for their child, Paul E. Frye, IV: a) The mother wlll have primary physical custody of the child and the parties will share lelal custody. b) The rather will have the child every other weekend commencinl November 4, 1994, from Friday at S:30 p.m. until Monday morning when the father will deliver the child to his school, and on the weeks followinl his weekend from after work on Wednesday unlil Thursday morning when the father will deliver the child to his school. In addition, on alternate weeks commencina November 15 1994, (rom Tuesday after work until Wednesday mornin& when the father wi! deliver Ihe child to his school. .' c) The father will have the child on Father's Day from 9:00 a.m. through the : following morning at 9:00 a.m. and the mother will have the child on Mother's Day from 9:00 a.m. throu,h the followlnl momin.. This schedule supersedea the above-listed periods. d) The parties will alternate holidays from 10:00 a.m. until 6:00 p.m. as follows: the New Year's holiday, Easter, Memorial Day, July Fourth, and Labor Day. e) The parties will share Thankslliving Day holiday with the father havinlthe child from 9:00 a.m. until 2:00 p.m. in even years commencina with Thanksliving Day, 1994, and from 2:00 p.m. until 8:00 p.m. in the odd years. f) The Christmas holiday will be shared by the parties on an alternating basis each year, with one parent having the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother will have the child on Christmas Eve from 5:00 p.m. until Christmas Day at 10:00 a.m. in 1994. ,) Each parly will have the child for two weeks of uninterrupted vacation each year (includinl a maximum of two weekends). The parties will provide each olher with 30 days advance notice of their proposed vacation period as well as addresses and telephone nllmbers where they can be reached if they leave the area durln& their vacalion period. h) The parties will share transportation of the child. The mother will deliver the child to th~ father's home, the father will return the child to the mother's .. believed to reside with his biological mother effective on or about April 15, 2001 and minor Paul Frye IV, age 11 and son of Plaintiff herein. 12. Paragraph 28 of August 18, 1997 custody order advises that "Neither party should use corporal punishment as a form of discipline for the child." 13. On or about Christmas 2000, the Defendant became angry and began choking minor Paul Frye IV around the mouth; she then drug him Into the living room leaving handprints of the choking on the child's face. 14. On or about April 7, 2001, the Defendant choked the minor Paul Frye's IV stepbrother Matt and scratched him; subsequently Matthew fled the household and Is believed to be residing with his biological mother. 15. Plaintiff was advised by minor, Paul Frye IV, that the Defendant hits the stepfather on a daily basis; there are both physical and verbal confrontations In the households between Defendant and stepfather and between Defendant and each of the othflr minor children. 16. During the course of these physical confrontations. Mother verbally uses profanity frequently towards both the stepfather and the minor children. 17. On or about April 8, 2001 the Defendant. while chasing one of the minor children, pushed minor Paul Frye IV into a doorknob thereby striking and injuring minor Paul Frye's IV spine; no physician intervention occurred. 18. On or about April 6. 2001 the Defendant threw the minor Paul Frye IV Into a "carpeted wall" thereby causing the minor to go through the "carpeted wall" landing into the adjoining room and striking a cooler and other furnishings and hurting his neck. 19. Approximately in March 2001 on a Monday when minor Paul Frye IV remained home from school because of an illness. the Defendant entered the household around 1:00 P.M. visibly upset at her ill son lying in his brothe;s bed and mother yelled at minor Paul Frye IV and said "if he didn't stay in bed he would not be able to walk" or words to that effect 20. On or about April 9, 2001 Defendant struck minor Paul Frye IV in the back of the head with her open hand and then threw minor Paul Frye on to the ground and then proceeded to hit with a bell several times on the buttocks thereby causing weill and bruises. 21. In our around March 2001 the Defendant struck the minor Paul Frye IV with a steel spatula several times. 22. It Is believed and therefore averred that Defendant has been charged by authorities with striking the fifteen-year old half-sister Katherine Young, In the facial area and causing considerable damage to her physical features; It is averred that a child abuse hearing against the Defendant is scheduled for July 2, 2001, in Dauphin County. 23. It Is believed and therefore averred that the Defendant has also been charged by authorities for striking and beating the stepfather husband, David Stephens. 24. Subsequent to the Defendant's beating of Katherine Young, the natural father has taken custody of the minor Katherine Young and removed her from the. household. 25. On April 19, 2001 while the minor child was in the presence and custody of the Plaintiff herein, the Defendant in an uninvited manner invaded the residence of the Plaintiff causing damage to the front and rear doors of the household and necessitating the Plaintiff to contact the police. 26. It is believed and therefore avorred that the Defendant has been charged with assaulting a minor in Lower Paxton Township, Pennsylvania, charged with assaulting her husband in Lower Paxton Township, Pennsylvania, and charged with trespassing and destruction of property in the Carlisle Borough, Pennsylvania. 27. It is believed and therefore averred that the Defendant may require some form of psychological or psychiatric intervention. 28. The minor child has been exposed to ongoing violence between Defendant and other half-sister's, half-brothers and stepfather. 29. The Defendant has willfully, knowingly and contemptuously struck the minor child in contravention of this Honorable Courts August 18, 1997 Court Order. 30. The Defendant has exposed and continues to expose the minor Paul Frye IV to an environment of hostility and physical danger as well as mental abuse. 31. The minor Paul Frye IV has been the brunt of profanity and corporal punishment provided by the Defendant in a willing, knowing and contemptuous manner. 32. The Plaintiff resides at a residence with a roommate at 1304 Ritner Highway, Carlisle, Pennsylvania, 17013. .' . . . 33. The Plaintiff has full time employment at the YMCA and provides love. nurturing and safety to the minor child. 34. The Plaintiffs roommate is Samantha Leonard at the above referenced address. 35. On Friday, April 20, 2001 the Defendant, without notification to the father who has shared legal custody, removed minor child, Paul Frye IV, from Llnglestown Elementary School and advised the Principal that she was transferring him to Shlppensburg. 36. Minor child has repeatedly and frequently expressed a desire to live with Plaintiff, Father. 37. It is believed and therefor averred that Defendant's Increasing violent acts towards both adults and minor children exposed to her control shall result in and present an imminent danger to the physical and mental well being of the minor child Paul Frye IV. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to provide full physical custody of the minor child Paul Frye IV to father; if the Court deems visitation of the mother should not be eliminated, in that event Plaintiff requests that any visitation by the Defendant with the minor child Paul Frye IV be supervised; the Plaintiff further requests that the Plaintiff be provided sole legal custody of the minor child Paul Frye IV. Respectfully Submitted TURO LAW OFFICES $'"/3(/01 Date . en R. Waltz, Esqui 28 South Pitt Stre '/ Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff . v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-5835 CIVIL TERM PAUL E, FRYE, III, Plaintiff CINDY K, FRYE, Defendant CUSTODY CUSTODY ORDER AND NOW, this 2.., 1 day of November, 1994, upon consideration of the Consent Alreement, the Temporary Custody Order entered on October 21, 1994, is vacated IIId the followlnl Custody Order is entered rClardinltlle parties' child, Paul E, Frye, IV. 1. The mother shall have primary physical custody of the child IIId the parties shall share lelal custody. 2. The father shall have the child every other weekend commencing November 4, 1994, from Friday at 5:30 p.m. until Monday morning when the father shall deliver the child to his school, and on the weeks following his weekend from after work on Wednesday until Thursday morning when thc fathcr shall deliver the child to his school. In addition, on alternate weeks commencing November 15, 1994, from Tuesday after work until Wednesday momlna whcn the father shall deliver thc child to his school. 3. Thc fathcr shall have thc child on Father's Day from 9:00 a.m. through the followina momina at 9:00 a. m. and thc mother shall have the child on Mother's Day from 9:00 a. m. throulh thc followinl moming. This schedule supersedes the above-listed periods. 4. The parties shall altematc holidays from 10:00 a.m. until 6:00 p.m. as follows: thc New Year's holiday, Eastcr, Memorial Day, July Fourth, and Labor Day. S. Thc parties shall share Thanksgiving Day holiday with thc fathcr having the child from 9:00 I.m. until 2:00 p.m. in even years commencinl with Thanksgivinl Day, 1994, and . from 2:00 p,m. until 8:00 p.m. in the odd years. 6. The Christmas holiday sha\1 be shued by the parties on an alt.ematlna basis each year, with one parent having the child on Christmas Eve from 5:00 p.m, until Christmas Day at 10:00 a.m. and the other parent having the child on Christmas Day at 10:00 a.m. until December 26th at 5:00 p.m. The mother sha\1 have the child on Christmas Eve from ~:OO p.m. until Christmas Day at to:OO a.m. in t994. 7. Each party ~ha\1 have the child for two weeks of uninterrupted vacation each year (inctuding a maximum of two weekends). The parties shall provide each other with 30 clays advance notice of their proposed vacation period as we\1 as addresses and telephone numbers where they can be reached if they leave the area durine their vacation period. 8. The parties shall shue transportation of the child. The mother will deliver the child to the father's home, the father will retum the child to the mother's home, and during trans fen of custody the parties shall remain in their vehicles. 9. At times when the parties require care for the child because of their work schedules, they shall give each other preference before making altemate child care arranaements. 10. The father and mother, by mutual aereement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. II. The father and mother shall notify the other of all medical care the child receives while in that parent's care. Each parent shall notify the other immediately of medical emergencies which arise white the c.hild is in that parent's care. 12. Neither party shall do any thine which may estrange the child from the other parent, or injure the opinion of the child as to the other parent or which may hamper the free ., PAUL E. fRYE, III, : IN TIt! CXXJRT Of' cntlOO PLEAS Of' Plaintiff : CIIlSIlRLAND o:umr, PtHlSYLVANIA : v.. : NO. 94-5835 CIVIL TERM : CINDY K. fRYE, . CIVIL ACTION - LAW . Defendant : IN CUS'roOY/VISITATIOO auJIlR Oft CXXRl' lIlII) lUI, thi. I ~ day of O~ A ,.:+ upon CONIideration of the attached cu.tody Con~on ClC'dend and directed a. follows: , 1997, R.port, it i. 1. '1'he parU.. ehall .ubmit themHl".., their minor Qlild, and any other family I1I8lliler. or oth.r perllOM de8llllld nece.aary by the evaluator, to an evaluation by Arnold Shienvold, PhD. or other prof...ional Mlected by the rathElr. Thi. ahall be an independent cWltody .valuation. '!'h. parti.. shall .ign sll nee....ry 1'.1..... and authorhationa for the .valuator to obtain medical, peychological and other information pertaining to the perti.. and the Child. The coats of thi. evaluation .hall be paid by the rather. The Moth.r shall cooperate in participating in the .valuation, and shall aehedule times for the Father to have additional periods of cu.tody, if neeesury, for evaluation s.s.ion. with the Child. 2. Pending further Order of Court or agreement of the parti.., this Court'. prior Order dated Noverrtler 2, 1994 .hall continue in effect with the following modHicatiOllll and additional A. Th. rather'. one period of overnight custody per week WIder paragraph 2 shall be modified to take place on every ThurllClay wh.n the Mother .hall traneport the Child to the rath.r'. residence at 5130 p.m. '1'he rath.r ehall tranaport the Child to aehool the following Friday morning by 8130 a.m. Alternativ.ly, the rath.r may transport the Child to the Moth.r's nsidene. prior to ardval of the aehool bus on l'I'iday morning provided the rather notifies the Moth.r by t.lephone by 7100 a.m. on Friday morning. '" B. Neither party shall UM corporal punishment IUS a form of discipline for the Child. C. The Child shall not be tak.n to We~ley Young's residence fClC' babysitting. I ;1-1L. D. In conjunction with peragraph 9 of the Noventler 2, 1994 order, in the event the noncuatodial party ill not available to ,*,ovide cere for the Child .. reque.ted by the cuatodial party, the cuatodial perty .hall contact othor flllllily mentler. to ,*,ovide the neeessary car.. The Mother -.grHs not to take i () ~ d1 r-. ("( -;~- Q " '7" ,- " c. , - ~ o. -0, & ~ "I ~ < 1_., '! l~ ) i.J . '. , ., ~ ~i~ E ~II ... >. ... j) ~ 'r! Jao!~~ i '"1 J ~; j ta~~. .p.. r ~IB ... . ~ ...l.. t!f ... ~ ... . II IIJ!l ! f ~ . J~ rJ to: ::ll ~ ~ . . . . . . . . . . ,. " .' , passage of time, to begin a new evaluation at this point. Counsel advised that neithllr pany is able to afford the costs of either completing or pursuing a new evaluation, and therefore it will be n,,'(essary to schedule a Hearing in this mailer. 4. The Father's position on custody is as follows: The Father believes it would be in tho Child's best interest to either reside with him primarily or to establish an altematlnll weekly shared custody arrangement. The Father stated that the Child has continued to express a desire to live with the Father. The Father alleged that the Mother has been verbally and physically abusinllthe panllls' Child as well as other children in her household. The Father believes the Mother has len the Child alone without contacting the Father to offer him the opportunity to provide care durinlltho Mother's unavailability. The Father also alleged that the Mother took the Child out of the school he had beon attending and enrolled him in a Shippensburll school without consultation with the Father. The Father indicated that he is not able to contribute financially to the costs of either completinll the prior evaluation or beginning a new one. S. The Mother's position on custody is as follows: The Mother indicated a willinlPless to share physical custody durinll the summer months but betieves it is in the Child's best intereltto remain in the Mothe-r's primary physical custody during the school YCl.lr. The Mother denied the Fllther's allegations with respect to physic at abuse of the Child, including hillinllthe Child with various objects. The Mother stated that she never disciplined the Child physkally in violalion of the existinll Order. Although the Mother was willing to either complete the custody evaluation which had been initiated in 1997 or obtain a new evatuation, the Mother is not financially able to contribule substantially to tho costs. Through counsel, the Mother indicated that the Falhcr, who was responsible under the prior Order to pay all costs of the custody evaluation, failed to do so and still OWes 52200.00 on the prior evatuation which was nearly complete. 6. The Conciliator recommends an Order in the roml as allached schedulinll a lIearinll. It II expected that the Hearing will require one-half day. Dato ~I'I-'-_l.t" J 1 In)/ (). - j~~---- Dawn S. Sunday, Esquire Custody Concililltor ~.. 0 ?; gr .,- to-::: .. c.2~ We! <!1\ g~ C) ::1 ('i:j ')~ ~~j ; 0 '~ , , "1" C"l :~ I ;:>, ::l~ n=-': c;; .~J :rl:. ":Ii lo. d I.) CJ , ' ., " I'. . . . ., . t! SEP 2 321M$ ,.. PAUL E. FRYE, 111 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA VB. 94-5835 CIVIL ACTION LAW CINDY K. FRYE IN CUSTODY Defendant Q8DER OF COURT AND NOW, this i#' day of ~ _, 2004, upon consideration of the auached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated November 2, t 994, August 18, 1997, and August 23, 2004, are vacated and replaced with this Order. 2. The Father, Paul E. Frye, Ill, and the Mother, Cindy K. Stephens, shall have shared legal custody of Paul E. Frye, IV, bom July 7,1989. 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 generat well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the tenns of this paragraph each parent shall be entitled to all records and infonnation pertaining to the Child including, but not limited to, school and medical records and infonnation. Each party shall notify the other of all medical care or treatment which the Child receives while in that party's custody. Each party shall notify the other promptly of any emergencies concerning the Child which arise during that party's period of custody. 3. During the school year, the Father shall have primary physicat custody of the Child and the Mother shall have partial physical custody in accordance with the following schedule: A. The Mother shall have custody of the Child on alternating weekends from Friday, when the Mother shall pick up the Child at schoot through Monday morning when the Mother shall transport the Child to school by 7: 1 5 a.m. or, if there is no schoot, the Mother shall transport the Child to the Father's residence at 3:30. B. During the interim weekends, the Mother shall have custody of the Child from Sunday at 5:00 p.m. when the Child shall be transported to the Mother's residence, until the followinS Monday morning when the Mother shalllransport the Child to school by 7: I 5 a.m., or if there is no school, the Mother shall transport the Child to the Father's residence at 3:30 p.m. . ~ . C. In every week, the Mother shall have custody of the Child from Wednesday, when the Mother shan pick up the Child aller school, through Thursday moming, when the Mother shall transport the Child to school by 7:IS a.m. or, if there is no schoot, the Mother shall transport the Child to the Father's residence at 3:30 p.m. D. The altemating weekend schedule shall begin with the Mother having the full weekend period of custody on Friday, September 17, 2004. E. The parties shall cooperate in adjusting this schedule to pennit the Father to have an extended weekend period of custody with the Child when the father is not working on occasion and in making other adjustmcnts to this schedule as necessary. 4. During the summer school break each year, the parties shall have custody of the Child on an alternating weekly basis with the exchange to take place each week on Friday at S:OO p.m. The summer custody schedule shall begin with the parent who has cU.itody of the Child on the weekend immediately following the end of the school year. The summer custody schedule shall end, with the Child retuming to the Father's primary physical custody one full week before the beginning of the school year and the alternating weekend school year schedule shall resume. Upon providing at least IS days advance notic" to the other party, either party may have custody of the Child during the summer school break for two consecutive weeks for vacation, and the other party shall have a make-up week of custody immediately following his or her next weekly period of custody. S. The parties shall share or altemate having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 5:00 p.m. through Christmas Day at 10:00 a.m., and Segment B, which shall run from Christmas Day at 10:00 a.m. through December 26 at S:OO p.m. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. B. Thanksll.ivinil: In even numbered years, the Father shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Mother shall have custody from 2:00 p.m. until 8:00 p.m. In odd numbered years, the Mother shall have custody of the Child on Thanksgiving Day from 9:00 a.m. until 2:00 p.m. and the Father shall have custody from 2:00 p.m. until 8:00 p.m. C. Altematinil Holidavs: In odd numbered years, the Mother shall have custody of the Child on New Year's, Memorial Day and Labor Day and the Father shall have custody on Easter and July 4'h. tn even numbered years, the Father shall have custody of the Child on New Year's, Memorial Day and Labor Day and the Mother shall have custody on Easter and July 4'h. The periods of cllstody on Easter, Memorial Day and Labor Day shall run from 10:00 a.m. until 6:00 p.m. l'he New Year's period of custody shall run from New Year's Eve at 6:00 p.m. through New Year's Day at 6:00 p.m. (and the entire holiday shall be deemed to fall with;.n the .' , PAUL E. FltYE, III PLAINTIFF IN THIi COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY1.V ANIA v. 94.5835 ('(VIL AniON LAW CINDY K. FRYE DEFENDANT IN CUSTODY ORDER OF COllRT AND NOW, W,dnnday, AUlult J5. J004_. ,upon consideration of the auached Complaint, it is hereby directed that parties and their respective counsc! uppear before .[)lw.n_Il._!ll!!l~lLJ:~._, the conciliator. It .)9 Wnt Mlln Strnt, Mechanlc,burl, PA 17055 on Thunday, Sept.mber 09, JOO4 at 1:30 AM for a Pre-Hearing Custody Conference. At such confcrence. un enort will be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to bc heard by the court. and to enter into a temporary order. All children a~e five or older may also be present utthe conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. TIl. court h.reby directs the parties to furnish any and all exlstlnll Protection from Abuse order.. Special R.II.f ord.rs, and Custody orders to the condllator 48 hours prior to scheduled hearlnll. FOR TIlE COURT. By: !!/ Da.'UI11.S.. S""da.y. Esq. C\lstody Conciliator mhe The Court of Common Pleas of Cumberland Coullty is required by law to comply with the Americans with Disabilites Act of 1990. For inlormation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court. please contact our ollice. All arrangements must be made at least 72 hours prior to any hearing or businc:ss betore the court. You must attend the scheduled conference or hearing. YOU SHOUl.D TAKE TillS PAP[R TO YOUR AHORNEY AT ONCE. tF YOU DO NOT HAVE AN ATfORNEY OR CANNO/' A~TORD ONE. (jO TO OR TH.IiPHONE TilE On'ICE SET .'ORTH BEl.OW '1'0 f'lND OUT WHI;RE YOU CAN (jET 1.EGAl. HELP. Cumberland County liar Association 32 South fledtilFd Street Carlisle.I'ennsylvania 17013 Telephone 1717)249-3166 , . , v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYl,V ANIA : NO. 94-'83' Civil Term : CIVIL ACTION - LAW : CUSTODY PAUL E. FRYE, III. Plaintiff/Petitioner CINDY K. FRYE. DefendanllRespondent QBDEB..QE..aJJl AND NOW. . upon consideration of the attached Emergency Petition, it is hereby directed that the parties and their respective counsel appear before ' the conciliator, at _, on , at _.M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ofa temporary or permanent order. The court hereby directs the partIes to furnlsb any and aU existlD, ProtectIon from Abuse orden, Special Relief orden, and Custody orden to tbe condUator 48 boun prior to ICheduled beariaa, FOR THE COURT: BY: "Ciislody Concilialor The Court of Common Pleas of Cumberland Counly is required by law 10 comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 10 disabled individuals having business before the court, please conlaCt our office. All arrangements must be made at teast 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearina. 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 Co"nty Bar Association 32 South Bedford Street Ca'liste, PA 17013 Tetephone (717) 249-3166 . . . ,. It is believed, and therefore averred, that there has been a history of violence between the Respondent/Mother and her current husband, David Stephens, Inc1udinl but not limited to criminal chlU'ges of simple assault and stalking having been brought in Dauphin County against the Respondent in 2001, and assault charges having been brought against Respondent's husband, David Stephens, in Franklin Counly in July of 2004, which resulted in David Stephens being placed on probation for a two (2) year period. 6. The minor child in question, Paul E. Frye, IV, has witnessed the violent behavior of his mother and stepfather while in his mother's custody, to his great detriment and harm. 7. It is believed, and therefore averred, that there have been numerous instanc:es of violence perpetrated upon the minor child by the Respondent/Mother. 8. On Thursday, August 12, 2004, Mother did physically assault the minor child, Paul E. Frye, IV, and did strike him about the face and did also scratch his face. Durinl this physical altercation, the millor child fled the home of the Respondent/Mother, and did walk approximately seven (7) miles towards his Father's home before being picked up by a "good samaritan" minister, who was traveling by and who did transport the minor child to his Father's home. 9. The Petllioner/Father did take his son to Cumberland County Children '" Youth Services on Friday, August 13,2004, and a report was laken by Jeanne Schott. . 10. As a result of the above-mentioned physical altercation on Thursday, AUIUltl2, 2004, lbe minor chU;I, Paul E. Frye, IV, suffered bruising about his face, and also scratches to his face. II. Sine, Thursday, Au,IIatl2, 2004, the minor child, Paul E. Frye, IV, ale fifteen (1'), bas been In the sole custody oflbe Petltloner/Falber. 12. The Petltloner/Falber believes, and lberefore avers, lbat should the minor child, Paul E. Frye, IV, be returned to the custody of his molber, the minor child wll1 be at risk of physical harm, and tbatlbere wll1 be a risk of a physical altercation between lbe minor child and his molber, which may result In Injury to either person. 13. It Is believed, and lberefore averred, lbat lbere Is a history of physical abuse of children 00 the part of lbe Respondent/Mother resulting In other children, Includlnl the daughter of the Respondent/Mother, being removed from her custody. 14. The Petltioner/Falber is currently eogaged to be married to Irene Shoemaker. and resides with Ms. Shoemaker and her fourteen (14) year old son, Jordan Troup. The minor child, Paul E. Frye, IV, bas a very good relationship with his falber, as well as his father's fl8l1Cee and her son, Jordan Troup, and lbe minor child, Paul E. Frye, IV, .tron&lY wishes to reside with his falber.