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HomeMy WebLinkAbout03-1272ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant COMPLAINT FOR CUSTODY 1. The Plaintiff is Robert L. Bryner, Sr., who currently resides at 28 Evandale Court, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Betsy S. Coy, who currently resides at 1830 Pine Road, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. d3- CIVIL ACTION - LAW IN CUSTODY Newville, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following child: Name Present Residence Se April M. Bryner 1830 Pine Road Newville, PA 17241 4. The child was born out of wedlock. 2 months 5. The child is presently in the custody of Betsy S. Coy, who resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania. 6. During the child's lifetime, he has resided with the following persons and at the following addresses: 3 Name Address Date Betsy Coy, Patsy Kiner 1830 Pine Road (maternal grandmother), and Newville, PA Ronald Kiner (maternal grandfather) March 17, 2003 to present Robert Bryner, Sr. and Betsy 28 Evandale Court Jan. 17 - March 17, 2003 Coy Carlisle, PA 7. The mother of the child is Betsy S. Coy, who currently resides at 1830 Pine Road, Newville, Pennsylvania. 8. Mother of the child, Betsy S. Coy is not married. 9. The father of the child is Robert Bryner, Sr., who currently resides at 28 Evandale Court, Carlisle, Pennsylvania. 10. Father of the child, Robert Bryner, Sr., is not married. 11. The relationship of Plaintiff to the child is that of Father. 12. The relationship of Defendant to the child is that of Mother. 13. The Defendant currently resides with the following persons: Name Relationshin Ronald Kiner and Patsy Kiner Maternal Grandparents 14. The 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 any other court. 4 15. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. The 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. 17. The best interest and permanent welfare of the child will be served by granting the relief requested for reasons including the following: a. The Father has been the primary caregiver of the minor child since her birth. He has: i. Planned and prepared meals; ii. Bathed, groomed and dressed the child; ill. Purchased, cleaned and cared for the child's clothing; iv. Arranged medical care, including trips to physicians; V. Arranged alternative daycare; vi. Put the child to bed nightly, attended the child in the middle of the night, and awakened the child in the morning. b. The child has a psychological bond with the Father. C. Father is able to provide a stable environment for the child. 5 d. The Mother has not acted in the best interest of the child by denying Father contact with the child since March 17, 2003. e. Mother signed a paper relinquishing all custody of the child to Father (copy of the agreement attached as Exhibit A). £ It is alleged that the maternal grandfather, Robert Kiner, whom Mother and child are purported to be residing with, had sexually abused Mother and Mother's sister when they were children. 18. Each parent whose parental rights to the child have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court return primary physical custody of the child to the Plaintiff/Father. DATE Zi D 3 Respectfully submitted, ABOM & KuruL i"s, L.L.P. Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 6 i TO WHOM THIS MAY CONCERN, JAN 21,2003 1, BETSY. S. COY GIVE ROBERT. L. BRYNER.SR FULL CUSTORY OF APRIL .M. BRYNER. THANK YOU BETSY.S. COY j,Lv.y S Coy ROBERT.L. BRYNER.SR Y ldc? Ndtarlal Seal EDWARD Cr•ASTAIN NOTARY AJBLIC E ',If (,'adislig Curmll Co. PA ' V : mes Aug. 20th, 2M5 (J PETITIONER'S EXHIBIT MAR 21 103 17:07 FR MK RECEIVING 717 795 3457 TO 92493344 03/2112003 15:52 7172493344 . ABOM KUTULAKIS VERIFICATION P.02 PAGE 14 Y, ROBERT L. BRXNER, SR., verify that the statanents made in the fotegoi Custody Complaint ate true and correct, I undentand that false statements herein are made subject to the Penalties 18 P&C.S.A. §4904, relating to unswoza falsif=tions to authorities. DATE: R BERT L. BR SR ** TOTAL PAGE.02 ** CERTIFICATE OF SERVICE AND NOW, this 21" day of March 2003, I, Kara W. Haggerty, Esquire, of ABOM & KUTuLAKis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Betsy S. Coy 1830 Pule Road NewviYe, Pennsylvania 17241 Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff \? 00 ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. b3? r a?a CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z `f day of r/4y , 2003, upon consideration of the attached Petition filed on behalf of Petitioner, eats-ia rl+?- --+^-? *^ ?cC77P a tX/rit of 1\TA Fi o / - -r 5??! ( 1TO?? ?teC2?C ,! r It is BORDERED and DECREED that Betsy S. Coy i l -?-twin tT ' e- 4 C U ?ro "") P? ? 17 1 ?1 c L?1? Ct f L 2 I l c? in the jurisdiction of this Court, --4@ mg madd-i A- dnvr-@h" Ga.4?? Vic-- r. BY THE COURT: l s - A ??, 1414* *V 7- ? Ac - 2 c¢??r - E- ROBERT L. BRYNER, SR., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. BETSY S. COY, CIVIL ACTION - LAW Defendant IN CUSTODY PETITION FOR WRIT OF NE EXEAT AND NOW, this 21sT day of March, 2003, comes the Petitioner, Robert L. Bryner, Sr., by and through his attorney, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P., and respectfully represents: 1. The Plaintiff is Robert L. Bryner, Sr., residing at 28 Evandale Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant is Betsy S. Coy residing at 1830 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 3. This action has been brought under the custody action pursuant to Title 23. 4. Respondent has not allowed Petitioner to see his daughter since March 17, 2003. 5. Petitioner is unaware of his daughter's current whereabouts or her safety. 6. This emergency Petition is based upon Father's fear that child's Mother will secretly leave the area with the child. Father received a telephone call from Mother's sister who related that Mother will be moving out of state early next week. Father does fear that he would never see his child again. WHEREFORE, Petitioner requests This Honorable Court to direct the issuance of a Writ of Ne Exeat, directing the Defendant to remain with the parties' child, in this jurisdiction. Respectfully submitted, ABOM &KUTULA"S, L.L.P. DATE: 12-1 03 2`? ' Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff MAR 21 '03 17 06 FR MK RECEIVING 717 795 3457 TO 92493344 17?/'Ld/'117b? 15:52 7172493344 ADOM KUTIULAKIS ERZJ CATI P.01 PAGE • 05 Z, ROBERT L_ BRYNIFR, SR, vejfy that the statements made in the foregoing Petitian for Wfit of NC Exeat are me and correct. I understand that false statements herein are made subject to the penalties 18 pa.C.S,A. 54904, relating to unsworn falsifications to authorities. DATE,: / P ROBERT L. BR SR. MAR 21 '03 1648 7172493344 PRGE,05 CERTIFICATE OF SERVICE AND NOW, this 21" day of March 2003, I, Kara W. Haggerty, Esquire, of ABom & KUTULAKis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Writ of Ne Exeat, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Betsy S. Coy 1830 Pine Road Newville, Pennsylvania 17241 Respectfully submitted, ABOM & KUTULA"S, L.L.P. ?4uA_m - (4d4zt Kara W. Haggerty ID No. 86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CIO p ROBERT L. BRYNER, SR. IN THE COURT' OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETSY S. COY • 03-1272 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 03, 2003 , 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 Tuesday, April 29, 2003 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 COURT, By. /s/ jac reline M Vern y,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 E ??.???'`???? ?+?aC`,'J ?c:?. a ?, .:,.., r ._ m?..,i ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO.03-1272 BETSY S. COY, CIVIL ACTION- LAW Defendant IN CUSTODY PRELIMINARY OBJECTION TO COMPLAINT FOR CUSTODY Now comes the defendant, Betsy S. Coy, by and through her counsel, The Family Law Clinic, and files this Preliminary Objection pursuant to Pa. R.C.P. 1915.3(d) and 1915.5. 1. This matter concerns April M. Bryner who was born January 17, 2003, out of wedlock. 2. Her mother is Betsy S. Coy. 3. Betsy S. Coy is not married. 4. Plaintiff, Robert L. Bryner Sr., did not acknowledge paternity at birth. A true and correct copy of child's birth certificate is attached hereto and incorporated by reference as Defendant's Exhibit 1. 5. Plaintiff, Robert L. Bryner Sr., has not filed a claim for paternity pursuant to 23 Pa. C.S. § 5303, nor appended a copy of a paternity complaint to his custody complaint in this matter. WHEREFORE, Plaintiff Robert L Bryner is precluded from filing this custody complaint pursuant to 23 Pa. C.S. § 1915.3(d) and the Defendant requests that this Court dismiss this action without prejudice. Dated: April 15, 2003 Respectfully submitted, Lara Mammana Certified Legal Intern 4Ucy o on-Walsh Supe ing Attorney The Dickinson Family Law Clinic 45 North Pitt St. Carlisle, PA 17013-2899 717-243-2968 (fax) 717-243-3639 Counsel for Defendant ;- Exhibit w ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.03-1272 CIVIL ACTION- LAW IN CUSTODY CERTIFICATE OF SERVICE I, Lara Mammana, Certified Legal Intern, Family Law Clinic hereby certify that I am serving a true and correct copy of Defendant's Preliminary Objection as to Standing on Kara W. Haggerty, counsel for the Plaintiff, at 8 South Hanover Street, Suite 204, Carlisle, Pennsylvania, by depositing a copy of the same in the United States mail, this 15th day of April, 2003. Lara Mammana Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of April, 2003, upon consideration of Defendant's Preliminary Objection to Complaint for Custody, the preliminary objection is granted to the extent that the complaint for custody shall be deemed dismissed, without prejudice, unless Plaintiff has filed a claim of paternity pursuant to 23 Pa. C.S. §5103 by the time of the custody conciliation conference scheduled for Tuesday, April 29, 2003, at 8:30 a.m. BY THE COURT, Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. Attorney for Plaintiff Lara Mammana Certified Legal Intern Lucy Johnston-Walsh, Esq. Supervising Attorney Family Law Clinic Attorney for Defendant ,/. 2s' P3 <41 ? :rc d??i??Pr?#?S???d ?r?t?? ??rn?'?',? '. ?„ ?? ?' .j? 1 ??;?. .. ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION - LAW IN CUSTODY TO: THE PROTHONOTARY OF SAID COURT: PRAECIPE Kindly file the attached Acknowledgement of Paternity in the above captioned matter. DATE 04 1 lb Lo -? Respectfully submitted, ABOM& KUTULAA7S, L.L.P l/y Kara W. Haggerty, E ,*e 8 South Hanover Street, Suite 204 Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 HSH BITHPLRCE Fax:717-763-2389 Flpr 28 2003 1236 P.01 COMMONWEALTH OF PE 49,113 - -,'Ala11.A 0 DEPARTMENT OF PUBLIC WELFARE BUREAU OP t t rl.) I SUPPORT ENFORCEMENT P.O. 50:4 4'1'.;, HNIIRI8131.111G, PA 17105-0016 ACKNOWLEV kF.] 4ENT OF PAT'ERNIT'Y For a Child Born to an Unmarried Woman Pursuant r.:• ^d;, 1993-62 and A0t No. 1997-58 Birth Certificate r • • ! ¢tyx :?li'rccli {FIRST) (JR., it, III, IV) IMlopu;. (LAST) .._-----...© ^ om [a GTY. IF /f? F L/-. PLAC CDINAL TE (HOSFITA6IC.AO CODElLOCATION): ;M2 RT ACE OF CHILD (CITY, $Tg7S1: s Al MOTHER's NAME AT TIME Gii e)1NTH: IFIRST, MIDDLE, L, - e 'r I 1141 -1 -11? - IC10 y I I I I I_ I -j.,J._..1..1 i.1 I ,I 1 ? Voluntary acknowledi IT, .1 nt of paternity by the `:ill 1'I In :umpletion of this farm, with the consent of the mother, gives the father all the rights and dutica as to the child wb,ch r'.s , -i have had if he had been married to the mother at the time of the child's birth. The child shill have all the rights and duties: the father which the child would have had if the father had been married to the mother at the time of birth By signie a tII:. •J-;ument, I acknowledge that I have read and have been orally advised of the alternatives to, the lagal consequences of, and tl!:! responsibilities, and obligations of acknowledging paternity. Either party signing this document may rescind It'ir. :c .ment by submitting a signed notice of rescission to the Department of Public Welfare (address at top of form) withh, il:1 1I: A 60 days of the date after the Acknowledgment of Paternity is signed or prior to a proceeding relating to the child (w i:, !I_, 3r is sooner). After the expiration of the 50 days, the Ac•tno,a; :. •. I( nient of Paternity may be challenged in court only on the basis of fraud, duress or material m4take of fact, which mu,t t.,, .;:.. ;iblishod by the challenger through clear and convincing evidence. An order of court shall not he .iuspended during the pwi„- l . le challenge, except for good cause. G 'E ?Li><vi:'':!`',.,?.e I, (FIRST)` (MIDDLE) -4.-? . ..., to the acknowlq?rlent of paternity that l { (PAST) 1SR., JR., II, IIJ) i?+1 J_ J .. t. father of my Child teamed above, and tur lh r birth- I understand that false statements mall':' i:, (relating to unsworn falsification to authc,r4k.,!:.'r. ,SIONAT'1RC OF MOTHER( _^-_ Mother's Address: Witnessed by: ISIGNATURE OF WITNESS CTI;. Ili Address of Witness: JR., )1,, free IF/I? J..._. ., i and voluntarily acknoiMedge that I am tht) I3.1.I .: false a ents made herein are subject: t,: 6r. / fag autuhOr•itie - '. (LAST) ?1- L _L_.l._ I. I I I I L I i I I I, hereby consent 0,ASTf is the tatp that I was unmarried at the time of this child's :re,in are subject to the penalties of 18 Pa. CS. 14904 (I+ATE itOdEO) 6OCIAL 5ECURITV NUMBER) (MOTHER'S D.O. B.f A MOIAeA OR FA'r.Vu (DATE WITNESSED) iLA T) 11_ I I I f _ IRIXI.Af ( I I L11 I freely, oval father of the child named above. I understand that, penalties of 18 Pa. C.S. 94904 (relating to unsworn ? 1 yl _ I LI.1?a o GNA JR F FA RI MATE `I ,ELO-I- X)CpIAL/SECCURITY/NUMBER(Q IFArneas o. o. . Father's Address' h / ?r Z_ 2 b? Witnessed b 151GNATUIRe OF WIT E5 .11.10 i .: P' MOTI4ER OR rACHEA1T (GATE TNESSED) Address of wifies; !44", 4?c?1 -70 10 _ IBM; HIS FAYHI31'S L N Mr .i. 7-e HIS MOTH E'R' MAA 5.fr 1 -S WI /ash 04147A 774Q * BURFAU Q;- 1 -: PF'OFiT ENFORCEMENT PAMS •11 - 10100 ca C `V, fTi ' ' - 1; rv T.a _ _..p +a_ N a 4R 0 2003 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant : IN CUSTODY ORDER OF COURT AND NOW, this -"&- day of 2003, upon consideration of the attached Custody Conciliation R port, it is ordered and directed as follows: The prior Order of Court dated March 24, 2003 is hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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' general well-being including, but not limited to, all decisions regarding her health, education a 3. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of supervised and unsupervised physical custody: A. Beginning the week of April 27, 2003, supervised visitation week on Mother or her parents as the supervisor, three (3) days p days agreed by the parties for three (3) hours at times agreed by the parties. Supervised visitation shall continued for not more than four (4) weeks. B. Unsupervised visitation two (2) days per week on days agreed by the parties for three (3) hours and every Saturday for five (5) hours at times agreed by the parties Sunday instead of the Saturday for five al have physical custody on the (5) hours at times agreed by the parties. 5. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. 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 ? ? LO t maw 1 ?I7 l_ C consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for June 23, 2003 at 8:30 a.m. BY THE COURT, J 6?? J esley Oler, J ., J. cctcary A ?ap aggerty , Esquire, Counsel for Father Zammana, certified legal intern Johnston-Walsh, , Esquire, Counsel for Mother, Family Law Clinic C APR 3 0 2003 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on April 29, 2003, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Lara Mammana, certified legal intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. A prior Order of Court, dated March 24, 2003 was entered by the Honorable J. Wesley Oler, Jr. prohibiting Mother from relocating the child from the jurisdiction pending the conciliation conference 4. The parties agreed to the entry of an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator JUN 2 l 2003 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of Tt%A C. , 2003, upon consideration of the attached ustody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated May 1, 2003 shall remain in full force and affect with the following modifications: 2. Paragraph 2 shall be modified to include the following: The Child's doctors shall share all information with both parents and with all other doctors. 3. Paragraph 413 shall be deleted and replaced with the following: Father shall have partial physical custody of the Child every Tuesday and Thursday from 8:00 a.m. to 11:00 a.m., except that said times will change to 9:00 a.m. to 12:00 noon beginning in August, 2003. Beginning June 28, 2003, Father shall be entitled to eight hours of partial physical custody of the Child from 10:00 a.m. to 6:00 p.m. every weekend, either, Saturday and Sunday, said day shall alternate from week to week. 4. In the event either party is in need of baby sitting services for longer than one (1) hour, during their periods of physical custody, they shall notify the non-custodial parent of said opportunity in reasonable time so that the non-custodial parent can take advantage of the babysitting opportunity. In no event will Father take the Child on a volunteer fire call emergency. 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 Conciliation Conference is scheduled for August 11, 2003 at 8:30 a.m. BY THE COURT. MNVAIASNN3d A1Nnrj,) CM;r,.FIISVVno 03 cg Nd 9Z N!ir co I'll d0 3?I?:??-{7?111? cc: Kara W. Haggerty, Esquire, Counsel for Father a U3 Lara Mammana, certified legal intern Lucy Johnston-Walsh, Esquire, Counsel for Mot er, /Family Law Clinic ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 23, 2003, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Lara Mammana, certified legal intern and Lucy Johnston-Walsh, Esquire, Family Law Clinic. 3. A prior Order of Court, dated May 1, 2003 was entered by the Honorable J. Wesley Oler, Jr. providing for shared legal custody, Mother having primary physical custody with Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 6_a3-c3 Date cq line M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-1272 CIVIL TERM IN CUSTODY WITHDRAWAL OF APPEARANCE Please withdraw my appearance in the above-captioned matter on behalf of the Defendant, Betsy S. Coy. Respectfully submitted, Dicki son School of Law Family Law Clinic 45 North Pitt Street Carlisle, PA 17013-2899 ENTRY OF APPEARANCE. Please enter my appearance in the above-captioned matter on behalf of Defendant, Betsy S. Coy. Respectfully submitted, Mark A. Mateya Esquire Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17108 (717) 238-7151 Dated: 111163 Attorney for Defendant C7 CJ (_ 'C• l;. mr :.-3 1' - rn v ya CJ -< AUG 1 3 2003 ? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of A Ll c t 2003, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: The prior Orders of Court dated May 1, 2003 and June 25, 2003 are hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Saturday, August 16, 2003 at 10:00 a.m. to Sunday, August 17, 2003 at 6:00 p.m. B. Saturday, August 30, 2003 at 10:00 a.m. to Monday, September 1, 2003 at 10:00 a.m. and alternating weekends at the same times thereafter. C. Beginning Saturday, August 23, 2003 from 10:00 a.m. to 6:00 p.m. and alternating weekly thereafter and alternating Saturday and Sunday, at the times aforesaid. D. Every Tuesday and Thursday from 9:00 a.m. to 12:00 noon. 5. In the event either party is in need of babysitting services for longer than one (1) hour, during their periods of physical custody, they shall notify the non-custodial parent of said opportunity in reasonable time so that the non-custodial parent can take advantage of the babysitting opportunity. In no event will Father take the child on a volunteer fire call emergency. 6. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the Child will be. 7. Transportation shall be shared such that the parties shall meet at Keck's General Store on Pine Road for custody exchanges. The parties shall be present during said exchanges. 8. 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 Conciliation Conference is scheduled for October 14, 2003 at 8:30 a.m. BY THE COURT, / ?.t/ J. esley Oler, J . J. cc:/dohn A. Abom, Esquire, Counsel for Father ark A. Mateya, Esquire, Counsel for Mother RKs pg-ly-o3 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on August 12, 2003, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, John A. Abom, Esquire and Mother, Betsy S. Coy, with her counsel, Mark A. Mateya, Esquire. 3. Prior Orders of Court, dated May 1, 2003 and June 25, 2003 were entered by the Honorable J. Wesley Oler, Jr, granting Mother primary physical custody, with Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date kcquTine M. Verney, EsquirAe Custody Conciliator OCT 1 6 2003 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _.(ii- day of (? !? , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated August 13, 2003 is hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Every Monday through Friday from 8:30 a.m. to 12:00 noon. B. Beginning Saturday, October 25, 2003, :dtemating weekends from Saturday at 10:00 a.m. to Monday at 12:00 noon. C. Such other times as Mother and Father agree. 5. Mother and Father shall alternate Thanksgiving Day and Christmas Day from 8:30 a.m. to 4:00 p.m. Father shall have custody of the Child on Thanksgiving in odd numbered years and Christmas in even numbered years. Mother shall have custody of the Child on Thanksgiving in even numbered years and Christmas in odd numbered years. 6. Mother shall have custody of the Child on Mother's Day from 8:30 a.m. to 4:00 p.m. Father shall have custody of the Child on Father's Day from 8:30 a.m. to 4:00 p.m. 7. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where e? `;' 'd _? ? ??_ - _ ? J i' _, ?I? ''j F ;i_u c: -a =? C :, U the Child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 8. Transportation shall be shared such that the parties shall meet at the State Police Barracks in Carlisle, Pennsylvania to exchange custody. 9. 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. BY THE COURT, Oler, 5r,) /, - J. cc: John A. Abom, Esquire, Counsel for Father p _ i -7- 0-3 Mark A. Mateya, Esquire, Counsel for Mother "' 14- ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on October 14, 2003, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, John A. Abom, Esquire and Mother, Betsy S. Coy, with her counsel, Mark A. Mateya, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated August 13, 2003, granting Mother primary physical custody, with Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 16-111-c 3 Date ac eline N[. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-1272 CIVIL TERM CIVIL ACTION-LAW BETSY S. COY, Defendant : IN CUSTODY PRACEIPE TO ENTER APPEARANCE AND WITHDRAWAL TO THE PROTHONOTARY: 1. Kindly enter the appearance of John C. Porter, Esquire, as Counsel of Record for the Defendant in the above matter. Please serve all papers to 61 West Louther Street, Carlisle, PA 17013. 2. Please withdraw the appearance of undersigned counsel on behalf of the Defendant, Mark A. Mateya. I, Mark A. Mateya, Esquire, hereby withdraw my representation on the defendant in the above captioned matter. VII-kLk _ - ?I //2003 Mark A. Mateya, Esqui / 7 /2003 BY: QL ? , pcn? John C. Porter, Esq. PA Sup. Ct. ID# 90152 Attorney for Defendant 61 W. Louther St. Carlisle, PA 17013 717-249-1177 C) C z ? t r, ?J 1 APR 0 6 2004 V ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of 2004, upon consideration of the attached Custody Conciliation eport, it is ordered and directed as follows: The prior Order of Court dated October 16, 2003 is hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her health, education and religion. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Beginning Friday, April 9, 2004, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. Such other times as Mother and Father agree. 5. In the event that either party is in need of a babysitter for longer than 2 hours during their period of custody, they shall notify the non-custodial parent of said opportunity in reasonable time so that the non-custodial parent can take advantage of the babysitting opportunity. Mother shall contact Father with the babysitting opportunity even if Mother's parents are available to watch the Child. Father may pick up the Child from daycare when his work shift is complete in exercise of this paragraph. In the event that Mother will be unable to pick up the Child by 11:00 p.m., Father may keep the Child overnight. Mother shall notify Father when pick up shall occur. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A ?n >- t l M 1 O- { } ] C- O N in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. The following holidays shall be alternated from 8:00 a.m. to 6:00 p.m.: Memorial Day, July 4 h, Labor Day, Thanksgiving and Easter. Father shall have custody of the Child on Memorial Day, 2004 and the parties shall alternate custody on those holidays thereafter. 8. Mother shall have custody of the Child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the Child on Fathers Day from 8:00 a.m. to 6:00 p.m. 9. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone; number and a location where the Child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 10. Transportation shall be shared such that the receiving party shall transport. The receiving party shall wait at the curb and blow the horn to notify the other party of their presence. Mother's parents shall not pick up the Child without Mother being present. It. Neither party may respond to fire calls while the Child is in their custody. 12. Neither party may smoke or drink alcohol immediately before or while the child is in their custody. 13. Both parties shall keep the other advised of current telephone numbers. 14. 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. BY THE COURT cc: Kara W. Haggerty, Esquire, Counsel for Father lh ??Qe,?_ y ?3 v <1 John Porter, Esquire, Counsel for Mother ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on April 5, 2004, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, John Porter, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated October 16, 2003, granting Mother primary physical custody, with Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 BETSY S. COY, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL ORDER AND NOW5 this 14th day of April, 2004, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of ABOM & KUTuLAxis, L.L.P., and respectfully petitions This Honorable Court to hold Respondent, Betsy S. Coy, in contempt of its Order, and :in support thereof avers the following. PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1. On October 16, 2003, This Honorable Court entered an Order awarding Petitioner partial custody of the minor child, April Bryner, date of birth January 17, 2003. A true and correct copy of the Order is attached to this Petition. 2. The parties participated in a custody conciliation conference on April 5, 2004, and the parties did agree to a modification of the October 2003 Order to allow Petitioner partial custody on an every other weekend basis from Friday at 6:00pm through Sunday at 6:00pm. In addition, the babysitting clause was included due to the pat-ties' work schedules that would allow Petitioner additional time throughout the week with the subject minor child. A true and correct copy of the Order is attached to this Petition. 3. Respondent has willfully failed to abide by the Orders referenced above in that: a. On April 5, 2004, Respondent indicated that her work schedule at Wal-Mart was from 10:00am until 6:00pm Monday through Friday, and from 1:00pm until 10:00pm on the weekend, with random scheduled days off. Respondent's work schedule, as indicated, would trigger the babysitting clause in the most recent Court Order. b. Since the custody conciliation conference, Respondent has advised Petitioner that she was not in need of a babysitter at any time. C. To date, Petitioner has received no time with the child pursuant to the babysitting clause. d. It is believed, and therefore averred, that Respondent deliberately misled the Court as to her work schedule. In addition, it is believed, and therefore averred, that Respondent has additional employment at an alternative location that she has failed to disclose. C. Respondent has failed to provide Petitioner with a copy of her work schedule as requested. f. On Easter Sunday, April 11, 2004, Respondent telephoned Petitioner at 1:00pm and advised that she would be arriving to pick up the subject minor child in a few minutes. Petitioner advised her that his period of custody ended at 6:00pm. Respondent proceeded to call the North Middleton Township Police to attempt to get custody of the subject minor child. The child was returned to Respondent at 6:00pm, as per the Court Order. g. Since the October 16, 2003, Court Order, Respondent has made numerous reports to the Pennsylvania State Police, North Middleton Township Police, and Cumberland County Children & Youth; however, all reports have been unfounded. In. Since, Petitioner's work schedule changed effective March 1, 2004, to a daylight position, Respondent had refused Petitioner his daily custody per the October 16, 2003, Court Order. In addition, Respondent refused Petitioner his weekend custody throughout the month of March 2004. i. Respondent has repeatedly refused to provide Petitioner any information regarding medical care of the subject minor child, to include an emergency transport of the subject minor child to the hospital by ambulance due to a seizure condition. Petitioner is concerned about the child's health and the administration of medication to the child. j. Respondent repeatedly advises any authority, agency, or other individuals involved with the subject minor child that Petitioner is not the father of the child, effectively interfering with his right to information from medical professionals or other agencies involved with this child. k. Respondent has failed to provide Petitioner with any information as to who was caring for the subject minor child when Respondent is working or otherwise not available. 1. Respondent has refused to revoke the "No Trespass" letter that has been filed with the Pennsylvania State Police against Petitioner, not allowing Petitioner on her property, in effect, interfering with the custody exchanges. Respondent consistently refuses to foster a relationship between the subject minor child and Petitioner, the child's father. 4. It is believed, and therefore averred, Respondent has willfully failed to abide by This Honorable Court's Order directing the Respondent to provide the Petitioner partial periods of physical custody and to abide by the legal custody provision of This Honorable Court's Order. WHEREFORE, Petitioner prays that this Honorable Court find Respondent in contempt of its Order and grant Petitioner primary physical custody of the subject minor child. Furthermore, Petitioner prays that This Honorable Court direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition. Respectfully submitted, ABom & KUTmAras, L.L.P. Date V I/a - qavv) Kara W. Haggerty ' di ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, ROBERT L. BRYNER, SR., verify that the foregoing Petition for Contempt is true and correct to the best of my knowledge and belief. 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. Date: OOBEXT4BR ER , CERTIFICATE OF SERVICE AND NOW, this j` day of April, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 Kara W. Haggerty Attorney for Petitioner CC i 2 1 20H1 L?J ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLENS017 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA-.--`------"- V : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of (Cep-. , 2003, upon consideration of the attached'Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated August 13, 2003 is hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, bom January 17, 2003. 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 her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Every Monday through Friday from 8:30 a.m. to 12:00 noon. B. Beginning Saturday, October 25, 2003, alternating weekends from Saturday at 10:00 a.m. to Monday at 12:00 noon. C. Such other times as Mother and Father agree. 5. Mother and Father shall alternate Thanksgiving Day and Christmas Day from 8:30 a.m. to 4:00 p.m. Father shall have custody of the Child on Thanksgiving in odd numbered years and Christmas in even numbered years. Mother shall have custody of the Child on Thanksgiving in even numbered years and Christmas in odd numbered years. 6. Mother shall have custody of the Child on Mother's Day from 8:30 a.m. to 4:00 p.m. Father shall have custody of the Child on Father's Day from 8:30 a.m. to 4:00 p.m. 7. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the Child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 8. Transportation shall be shared such that the parties shall meet at the State Police Barracks in Carlisle, Pennsylvania to exchange custody. 9. 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. BY THE COURT, Wesley Oler, Jr., J. cc: John A. Abom, Esquire, Counsel for Father Mark A. Mateya, Esquire, Counsel for Mother ?itSt+Jn:f?Gt}lo? APR b M4 _' ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT Ol? COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2003-1272 CIVIL TERM CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT BY : ............. AND NOW, this `?{b day of ( 2004, upon consideration of the attached Custody Concili tion Report, it is ordered and directed as follows: The prior Order of Court dated October 16, 2003 is hereby vacated. 2. The Father, Robert L. Bryner. Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her health, education and religion. 3. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Beginning Friday, April 9, 2004, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. Such other times as Mother and Father agree. 5. In the event that either party is in need of a babysitter for longer than 2 hours during their period of custody, they shall notify the non-custodial parent of said opportunity in reasonable time so that the non-custodial parent can take advantage of the babysitting opportunity. Mother shall contact Father with the babysitting opportunity even if Mother's parents are available to watch the Child. Father may pick up the Child from daycare when his work shift is complete in exercise of this paragraph. In the event that Mother will be unable to pick up the Child by 11:00 p.m., Father may keep the Child overnight. Mother shall notify Father when pick up shall occur. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. The following holidays shall be alternated from 8:00 a.m. to 6:00 p.m.: Memorial Day, July 4"' Labor of the Chid on Memorial Day, 2004 and he parties shall alternate custody on those custody holidays thereafter. 8. Mother shall have custody of the Child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the Child on Father's Day from 8:00 a.m. to 6:00 P.M. 9. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the Child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 10. Transportation shall be shared such that the receiving party shall transport. wait the horn he curb notify the t e rrpeceiving resence party Mother's parent tshall of pidck ap the Child without Mother being party of present. 11. Neither party may respond to fire calls while the Child is in their custody. 12. Neither party may smoke or drink alcohol immediately before or while the child is in their custody. 13. Both parties shall keep the other advised of current telephone numbers. 14. This order is entered pursuant to an agreement of the parties at a Custody Con ions sO derr shall cOontrol. y mutual this consent tlIn the eo. The parties may modify the mutual consent, he terns of this BY THE COURT, J Wesley Oler, J ., J. cc: Kara W. Haggerty, Esquire, Counsel for Father John Porter, Esquire, Counsel for Mother Y ?Y .. f. ., .. 0 n e .. a __ ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on April 5, 2004, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, John Porter, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated October 16, 2003, granting Mother primary physical custody, with Father having periods of partial physical custody. 4. The parties agreed to the entry of an Order in the form as attached. 1-4 U L ?acq line DI. Verney, Esquire Date Custody Conciliator ? ?? `? 1 ?'? N f?a ?. -") SrJ :Il Ti ^ i ? J-_ _? -'?. l _? ??? "c - ,i ca -=-i n cv -? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BETSY S. COY, Defendant NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 27`s day of April, 2004, upon consideration of Plaintiffs' Petition for Civil Contempt for Disobedience of Partial Custody Order, this matter is referred to the custody conciliation process pursuant to C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral. Kara W. Haggerty, Esq. 36 South Hanover Street Carlisle, PA 17013 \\ Attorney for Plaintiff A C. Porter, Esq. 61 West Louther Street Carlisle, PA 17013-2936 Attorney for Defendant BY THE COURT, J.. Wesley Oler, ., J. 0q-A9-aV Cumberland County Court Administrator - :rc VINVI%SM'Ild ' KLNf'C!') ? z :z wd sz adn hoot xwlol\g?Nl -10 30 H ROBERT L. BRYNER, SR. INTHE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1272 CIVIL ACTION LAW BETSY S. COY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday May 04 2004 , 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 Thursday, May 13, 2004 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: .line AL Ve 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 Aa 9 I .c ?!d ' - Ow U9Z )Z jC,W)HtO'tid ]Hl 30 ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION - LAW IN CUSTODY PETITION FOR LEAVE OF COURT TO CONDUCT DISCOVERY PURSUANT TO PA R.C.P RUL1E 1915.5(c) AND NOW, this I day of May, 2004, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of ABOM & KUTuLAKis, L.L.P., and respectfully petitions This Honorable Court to grant leave of Court to conduct discovery pursuant to Pa. R.C.R Rule 1915.5 (c), and in support thereof avers the following: 1. On April 9, 2004, a Court Order was issued granting Mother primary physical custody of the child and granting Father periods of partial physical custody on an every other weekend basis and at other times as Mother and Father agree. Court Order is attached hereto as Exhibit A. 2. The above referenced Court Order also provided a "babysitter clause" to allow Father additional time with the subject minor child at such times that Mother was working. 3. The "babysitter clause" was agreed upon between the parties due to Mother's representation at the conciliation conference that her work schedule was 1:00pm until 10:00pm. 4. The understanding at the custody conciliation conference was that Father would have increased time with the subject minor child because of Mother's work schedule. 5. Since entry of the above referenced Order, Father has never been able to exercise his right pursuant to the "babysitter clause" because Mother has indicated on a daily basis that she does not need a babysitter. 6. Undersigned counsel had requested, from Mother's attorney, a copy of Mother's work schedule from her employer. 7. To date, undersigned counsel has not received a copy of Mother's work schedule from her employer, Wal-Mart. 8. Mother has been observed at work at times that would be consistent with Mother working a 3' shift position. 9. Undersigned counsel would like to subpoena copies of Mother's work schedule, since the date of the prior conciliation conference, from Wal-Mart to aid in future custody proceedings. WHEREFORE, Petitioner respectfully requests that this Honorable Court order that a Petition for Leave of Court to Obtain Discovery be granted to Petitioner's counsel. Respectfully submitted, Date .5 1/0 6 ABom & KunrLAJUs, L.L.P. -f4w`-,v ' _ Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this iv' day of May, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of' the foregoing PETITION FOR LEAVE OF COURT TO CONDUCT DISCOVERY PURSUANT TO PA R.C.P. RULE 1915.5(c) upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013-2936 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 a?w ?I Kara W. Haggerty Attorney for Petiti C7 v ? ? T C r - R u y c G? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETSY S. COY, Defendant NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of May, 2004, upon consideration of Plaintiff's Petition for Leave of Court To Conduct Discovery Pursuant to Pa. R.C.P. Rule 1915(c), a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Kara W. Haggarty, Esq. Attorney for Plaintiff John C. Porter, Esq. Attorney for Defendant :rc BY THE COURT, , esley Oler?J>i, J. U `7 ,04 05 ?i 1 nvi wi\=... nr r", c'?VVi?:? Ain 5'h ?Z ttJ Z 1 6 ,bd 1100Z :-lHl AO ?? __'G-G3lN MAY 11 2004 ?Id ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETSY S. COY, : NO. 2003-1272 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 day of V11 7 1 , 2004, upon consideration of the attached Custody Conciliation Re port it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. _ , of the Cumberland County Court House, on the and- day of A =r _, 2004, at 9: ?p o'clock, -,?. M., at which time testimony will be aken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court:md opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court shall remain in full force and effect, with the following modification and addition. 3. In the event that the babysitting clause is not in effect because mother is not in need of a babysitter, Father shall have physical custody of the child every Tuesday, Wednesday and Thursday, beginning May 18, 2004 from 3:30 p.m. to 8:00 p.m. 4. Paragraph 10 of the prior order is modified as follows: Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only Mother and Father are permitted to exit their vehicles at custody exchanges. u 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. AlNt- I Z ld 6 I BY THE COURT, "! a W. Haggerty, Esquire, counsel for Father °' Porter, Esquire, counsel for Mother 05 0`? ROBERT L. BRYNER, SR. : IN THE COURT OF COMMON PLEAS Plaintiff OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETSY S. COY, : NO. 2003-1272 CIVIL TERM Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr. CUSTODY CONCILIATION SUMMARY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I • The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRIENTLY IN CUSTODY OF April M. Bryner April 17, 2003 Mother 2. A Conciliation Conference was held May 13, 2004 with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire, and the Mother, Betsy S. Coy, with her counsel, John Porter, Esquire. 3. The parties were before the Conciliator on a Petition for Contempt filed by Father. The most recent Order of Court is dated April 9, 2004. That Order provides for shared legal custody, with Mother having primary physical custody and Father having alternating weekends and the opportunity to baby sit while Mother is working. The parties have been before the Conciliator no less than 6 times since April 29, 2003. 4. Father's position on custody is as follows: Father seeks shared legal and shared physical custody on a week on/week off basis. Father nnaintains that he is an appropriate caregiver. He believes that Mother was disingenuous at the last conciliation conference and less than forthright in her representations concerning her work schedule. The Order reached at the last conference was to provide several overnights per week for Father based on Mother's work schedule. Mother now asserts that her work schedule changed shortly after the April 9, 2004 Order was entered. If that is not the case, Mother is clearly in contempt of the current Order of Court. If it is the case, Mother certainly has not acted in the spirit of the prior Order to provide Father with additional time with his infant daughter, nor exercised her duty as the primary custodian to facilitate close contact between daughter and Father. Father has filed a Petition for Leave of Court to Conduct Discovery which is pending before this Honorable Court. It is suggested that the Discovery request be granted to determine Mother's work history and current work schedule. It appears Mother has thwarted Father's efforts to maintain a close relationship with the Child. Custody exchanges continue to be problematic with Mother's family taking pictures of Father. However, shared physical custody in this matter may not be appropriate since the parties do not seem to communicate regarding custody. Perhaps co- parenting classes would be appropriate. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having an alternating weekend schedule and several evenings per week. Mother maintains that her work schedule changed after the April 9, 2004 Court Order was entered and that she has not violated the baby sitting clause. She continues to assert that Father's home is not appropriate for the child and that Father represented that he intended he relocate to his own mobile home at the last conference and still has not done so. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody, Mother primary physical custody and Father having alternating weekends, the babysitting opportunity and three evening per week. It is expected that the Hearing will require one day. Date -? cq Jerney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., plaintiff vs. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.: 03-1272 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, this 4th day of June, 2004, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, and files this Petition to make rule absolute, and in support thereof, avers as follows: 1. On May 10, 2004, the Petitioner Sled a Petition for Leave of Court to Conduct Discovery pursuant to Pa.R.C.P. Rule 1915(c), seeking leave of Court to obtain discovery, to include copies of mother's work schedule as it pertains to the pending custody trial. 2. A Rule to Show Cause, returnable within 20 days from the date of service, was signed by This Honorable Court on May 12, 2004, and served upon undersigned counsel and opposmg counsel. 3. To date, there has been no response to the Rule, although the time for response has passed. WHEREFORE, the Petitioner prays This Honorable Court to make the above rule absolute and grant the Petitioner's Petition. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. Date: Db I D 4l _( IO? a? Kara W. Ha€?erty, s e Pa. Supreme Court . No. 86 4 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CERTIFICATE OF SER`'ICE AND NOW, this A?day of June, 2004, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition to Make Rule Absolute by delivering at the following addresses: John C. Porter, Esquire 61 West Louther Street Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: OUI07j 104 ABOM & AUTULAIUS, L.L.P. Kara W. Hagger squire Q Pa. Supreme Court .D. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ?7 ht r- c'o c? ?, .c^ T '.. . T r f?l Ti _ : ? ? . -n ?'• - ,C- _ ) C7 O ??. i.J ? ?-? ' r . -, Ca ?i1 -. JU 7 2004 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMO PLEAS Plaintiff : CUMBERLAND COUNTY, PA VS. : NO.: 03-1272 CIVIL TERM BETSY S. COY Defendant ORDER OF COURT'. AND NOW, this - 4 day of June, 2004, upon consideration of the Petition to Make Rule Absolute, and upon the failure of the Defendant to file a timely response to the Plaintiffs Petition for Leave of Court to Conduct Discovery pursuant to Pa.R.C.P. Rule 1915(c), IT IS HEREBY ORDERED AND DECREED THAT the Rule is hereby made absolute and the Plaintiff's Petition for Leave of Court to Conduct Discovery is granted. BY THE COURT: / C? J. Vy y )let, Jr. J Distribution: Kara W. Haggerty 36 South Hanover Street Carlisle, PA 17013 John Porter, Esquire 61 West Louther Street Carlisle, PA 17013 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 O q 9 ?. Z p,l 0 1 ROBERT L. BRYNER, SR., Plaintiff VS. BETSY S. COY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1272 CIVIL ACTION - AT LAW CUSTODY DF.FF.NDANT'S PF.TTTION FOR SPF.1.JAL RET JRF AND NOW, the Defendant, Betsy S. Coy, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Betsy S. Coy, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Respondent, Robert L. Bryner, Sr., Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 23 Evandale Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. There is one dependent child from the relationship of Mother and Father, namely April M. Bryner, born January 17, 2003, hereinafter referred to as the Child. 4. The parties have previously attended numerous conciliation conferences before Jacqueline M. Verney, Esquire. A hearing is currently scheduled before the Honorable J. Wesley Oler, Jr., on August 2, 2004, regarding a Petition for Contempt filed by Father. 5. The parties are currently subject to Orders of Court dated May 18, 2004 (attached hereto as Exhibit A) and April 9, 2004 (attached hereto as Exhibit B). 6. Mother believes Father's home environment is not suitable for overnight periods of partial custody with the child. It is her understanding that Father resides in a one-bedroom, 12X40 mobile home with seven other people, including his 26- year-old son who on May 18, 2004 punched his six-year-old nephew during an argument with his brother-in-law. Mother is concerned for her child's welfare due to anger issues involving Father's son. 7. Mother believes it is in the child's best interests for a home study to be performed on Father's residence and that Father's overnight periods of partial custody should be suspended pending the result of the home study. 8. Mother further believes that the order should be modified to include a provision that neither party shall permit the child to be in an enclosed area where anyone is smoking. WHEREFORE, Mother respectfully requests this Honorable Court to order a home study, to revise the current custody schedule such that overnight periods of partial custody are temporarily suspended pending the results of a home study, and to prevent either party from permitting the child to be in an enclosed are where there is smoking. Dated: /7 Zd Respectfully submitted, J ann6 B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 2.02 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ROBERT L. BRYNER SR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2003-1212 BETSY S. COY, : CIVIL ACTION - AT LAW Defendant : CUSTODY I, Betsy S. Coy, hereby verify that the statements made in the foregoing petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: Signature: :ice/ Betsy S. Coy ROBERT L. BRYNER, SR., : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2003-1272 BETSY S. COY, CIVIL ACTION - AT LAW Defendant CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Dated: Zd BY: eanne B. Costopoulos, Esqune ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. (58735 E X H I B IT A rlAI 1 ! LUUY r ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA y : CIVIL ACTION - LAW BETSY S. COY, : NO. 2003-1272 CIVIL TERM Defendant IN CUSTODY ORDER OF COURT AND NOW, this 19'day of _, 2004, upon consideration of the attached Custody Conciliation port, it is ordered and directed as follows: i Z0of the Cumberland 1. A Hearing is sc?h? eduled in Cou oea County Court House, on the r day of o'clock,. M., at which time testimony will be purposes of this Hearing, ally with the Father shall be deemed to be the moving party roceed initi testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be 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. 2. Pending further Order of Court or agreement of the parties, the prior Order of Court shall remain in full force and effect, with the following modification and addition. 3. In the event that the babysitting clause is not in effect because mother is not in need of a babysitter, Father shall have physical custody of the child every Tuesday, Wednesday and Thursday, begirming May 18, 2004 from 3:30 p.m. to 8:00 p.m. 4. Paragraph 10 of the prior order is modified as follows: Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only Mother and Father are permitted to exit their vehicles at custody exchanges. 5. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, /5/j J111 (000 R J. Wesley Oler, Jr., J. cc: Kara W. Haggerty, Esquire, counsel for Father John Porter, Esquire, counsel for Mother TRUE COPY F:F-7,m. ,V c in Testimony whereof, i n r e unto set my hand And-the seal of sa`d Court "arlisle, Pa. I E X H I B I T B APR 0 6 2004 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 9 !L, day of 2004, upon -_ Gjai consideration of the attached Custody Conciliagon it is ordered and directed as follows: 1. The prior Order of Court dated October 16, 2003 is hereby vacated. 2. The Father, Robert L. Bryner, Sr., and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her health, education and religion. Mother shall have primary physical custody of the Child. 4. Father shall have the following periods of partial physical custody: A. Beginning Friday, April 9, 2004, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. B. Such other times as Mother and Father agree. 5. ° In the event that either party is in need of a babysitter for longer than 2 hours during their period of custody, they shall notify the non-custodial parent of said opportunity in reasonable time so that the non-custodial parent can take advantage of the babysitting opportunity. Mother shall contact Father with the babysitting opportunity even if Mother's parents are available to watch the Child. Father may pick up the Child from daycare when his work shift is complete in exercise of this paragraph. In the event that Mother will be unable to pick up the Child by 11:00 p.m., Father may keep the Child overnight. Mother shall notify Father when pick up shall occur. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. The following holidays shall be alternated from 8:00 a.m. to 6:00 p.m.: Memorial Day, July 0, Labor Day, Thanksgiving and Easter. Father shall have custody of the Child on Memorial Day, 2004 and the parties shall alternate custody on those holidays thereafter. 8. Mother shall have custody of the Child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the Child on Father's Day from 8:00 a.m. to 6:00 p.m. 9. Neither party may relocate the Child outside of the jurisdiction without prior Order of Court. Neither party shall take the Child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the Child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 10. Transportation shall be shared such that the receiving party shall transport. The receiving party shall wait at the curb and blow the horn to notify the other party of their presence. Mother's parents shall not pick up the Child without Mother being present. 11. Neither party may respond to fire calls while the Child is in their custody. 12. Neither party may smoke or drink alcohol immediately before or while the child is in their custody. 13. Both parties shall keep the other advised of current telephone numbers. 14. 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. BY THE COURT, J. Wesley Oler,J., J. cc: Kara W. Haggerty, Esquire, Counsel for Father John Porter, Esquire, Counsel for Mother • 11, rtia: ayvgwre of, t beta Mtu *amy tt<: ! f3s? s?4 of :;?kt Cattit al f?l, fya. PrOtflb'tiftt8 4 o c r.> r T) _ ? -O tTl rJ :..f.'rt C7 ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION -LAW IN CUSTODY PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff, Robert L. Bryner, Sr., by and through his attorney, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and answers Defendant's Petition for Special Relief as follows: 1. It is admitted that Petitioner, Betsy S. Coy, is an adult individual who currently resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania. 2. Denied. It is specifically denied that Robert L. Bryner, Sr. currently resides at 23 Evandale Court, Carlisle, Cumberland County, Pennsylvania. By way of further answer, Mr. Bryner has a current address of 11 Cooper Circle, Carlisle, Cumberland County, Pennsylvania. 3. It is admitted that there is one dependant child from the relationship of Mother and Father, namely April M. Bryner, born January 17, 2003. 4. It is admitted that the parties have previously attended numerous conciliation conferences before Jacqueline M. Verney, Esquire. By way of further answer, the parties have attended six (6) conciliation conferences on the following dates: April 29, 2003, June 23, 2003, August 12, 2003, October 14, 2003, April 5, 2003, and May 13, 2003. It is admitted that a hearing is currently scheduled before the Honorable J. Wesley Oler, Jr., on August 2, 2004, regarding a Petition for Contempt filed by Father. 5. It is admitted that the parties are currently subject to Orders of Court dated May 18, 2004, and April 9, 2004. ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BETSY S. COY, Defendant NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 16`h day of July, 2004, upon consideration of Defendant's Petition for Special Relief, a hearing is scheduled for August 2, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, PA, the time and place previously scheduled for a custody hearing in this matter. BY THE COURT, Kara W. Haggarty, Esq. Attorney for Plaintiff Jeanne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant :rc 1 r n^?? 91 "if?rhuCz {iUcc13,Hl n 6. Denied. It.is specifically denied that Mr. Bryner's home environment is not suitable for overnight periods of partial custody with the child. By way of further answer, Mr. Bryner currently resides in a two-bedroom trailer by himself, with the exception of the times that he has his daughter for his periods of partial custody. 7. Denied. It is specifically denied that it is in the child's best interests for a home study to be performed on Mr. Bryner's residence. It is specifically denied that Mr. Bryner's overnight periods of custody should be suspended pending the result of the home study. By way of further answer, Cumberland County Children and Youth have inspected Mr. Bryner's prior residences on multiple occasions following reports filed by Mother and on all occasions Mr. Bryner's residence has been deemed to be appropriate for the Child. Furthermore, all reports to Cumberland County Children and Youth made against Mr. Bryner have been determined to be unfounded. Should This Honorable Court see fit for a home study to be done, undersigned counsel would respectfully request that a home study be done on Mother's residence as well. 8. Denied. It is specifically denied that the Court Order should be modified to include a provision that neither party shall permit the child to be in an enclosed area where anyone is smoking. By way of further answer, the issue of the Child being in the presence of individuals who smoke has been addressed at length in each and every conciliation conference held in this matter. WHEREFORE, Father respectfully requests This Honorable Court to deny Mother's Petition for Special Relief. Respectfully submitted, ABOM& EVTULAIUS, L.L.P. Kara W. Ha;ggexty, E e Attorney I.L). No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 16"t day of July 2004, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing ANSWER To DEFENDANT'S PETITION FOR SPECIAL RELIEF, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055-6922 Jacqueline M. Verney, Esquire Custody Conciliator 44 South Hanover Street Carlisle, PA 17013 Respectfully submitted, ABOM d9' KUTUIr4ias, LLP. mkw. oart---? Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff N ? C7 O , r ? R r T rn O"? 1. ?i? ?, =?- -' ` ? ? , i.: _ ?,"? (V ;_? ?l .a K .. _ '`) -J < ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03 -1272 BESTSY S. COY, Defendant CIVII. ACTION - LAW PETITION TO WITHDRAW AS COUNSEL TO THE HONORABLE J. WESLEY OLER, Jr.: 1. I, John C. Porter, attorney of Record for Defendant Betsy S. Coy hereby request leave of this Court to withdraw my appearance as attorney of Record for Defendant Betsy S. Coy. 2. This request is made necessary by the following behavior of Defendant Betsy S. Coy: • failure to return telephone calls to counsel; • failure to respond to in person contacts by counsel; • failure to cooperate with counsel's requests, which requests were made in the best interests of the Defendant; • failure to consult and prepare with counsel regarding an August 2nd Hearing to determine if Defendant is in contempt of an Order of this Court; • retention of other counsel by Defendant. 3. Plaintiff's Counsel does not object to this Petition. WHEREFORE, with no objection from Plaintiff's counsel, John C. Porter, Esquire requests that his appearance as attorney of Record for Defendant Betsy S. Coy be withdrawn. 8Izlay Date Carlisle, PA 17011 (717) 249-1177 John . Porter, Esquire Attorney for the Defendant Supreme Court ID # 90152 61 West Louther Street N_ ("? C.7 cc t ,,;?. ?. :, •_, N J'??.._ n cn N -,-, `' -c,+ y7 ?-!?(1 :t ii ?C7 C )Tt1 FQ =< ROBERT L. BRYNER, SR., Plaintiff V. BESTSY S. COY, Defendant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -1272 CIVIL, ACTION - LAW AND NOW, this 2"d day of August, 2004, in open Court, after hearing no objection from Plaintiff's counsel, Kara W. Haggerty, Esquire, who is present, it is hereby ORDERED that Defendant's counsel, John C. Porter, Esquire, may withdraw his appearance as attorney of Recor?for Defendant Betsy S. Coy. ?S S7Ae- 7 Jre2I77T7 eY?aJJ 4 o3?,r I$ F(' }?r¢ Sa7 I ti-? 1?e?Ud ?i7 BY THE COURT J yf. r' ry 04:6 WV Z- 911V U0Z ]HI ?O ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2003-1272 CIVIL TERM CIVIL ACTION - LAW BETSY S. COY, Defendant IN CUSTODY IN RE: WAIVER OF ATTORNEY CLIENT PRIVILEGE ORDER OF COURT AND NOW, this 2nd day of August, 2004, upon consideration of the waiver of the attorney-client privilege by Betsy S. Coy and her present counsel, Jeanne Costopoulos, Esquire, with respect to a certain letter from Defendant's prior counsel, John Porter, Esquire, to Defendant, Mr. Porter is authorized and directed to release for such purposes as counsel in this case deem relevant a certain letter dated April 5, 2004, from him to his former client, Betsy S. Coy. By the Court, J Wes1eY' , Jr., J. --Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For the Plaintiff 1 ,/Qeanne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 For the Defendant QO :mae -10 1j1"S;h?r?',vPd:? ?, ?,Ci'? ?r,?r, r,;....:.: Qua ?? ka'? h- nn,? hell. ?.??lU?J??o-?;-u. ?? ROBERT L. BRYNER, SR., Plaintiff v BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2003-1272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2nd day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing, the record is declared closed, and the matter is taken under advisement. Pending further Order of Court, the existing order(s) with respect to custody of the parties' child, April M. Bryner (date of birth, January 17, 2003), shall remain in full force and effect. By the Court, 'Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For the Plaintiff ,L.,We'canne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 For the Defendant J'?l o??-oy-off mae VNdill:c?';?? a 'f 110 4S .6 4l? '?? ?n? hOt12 ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2003-1272 CIVIL TERM CIVIL ACTION - LAW BETSY S. COY, Defendant IN CUSTODY IN RE: CONTEMPT ORDER OF COURT AND NOW, this 2nd day of August, 2004, upon consideration of Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order with respect to the parties' child, April M. Bryner (date of birth, January 17, 2003), and following a hearing held on this date, the Court finds that the Defendant, Betsy S. Coy, has intentionally, voluntarily, and willfully failed to comply with the custody order herein, and she is consequently adjudicated in contempt. The sanction of the Court is that within 180 days of today's date the Defendant pay attorney's fees in the amount of $3,104.50 to Plaintiff, and that she undergo a period of imprisonment in the Cumberland County Prison of 1 month. The condition of purge with respect to the period of imprisonment provided for herein is that the Defendant hereafter strictly comply with the custody order now in effect or as hereafter modified. 'Zara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 For the Plaintiff ,,eeanne Costopoulos, Esquire 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 For the Defendant CCP By the Court, OF-O f-0 mae I S :6 wv ?_ On hOoz A ,U,N UI Gild 3HI Z-110, 3uL-':{0-(I- ,tJ ROBERT L. BRYNER, SR., : IN THE COURT OF CO Plaintiff : CUMBERLAND COUNTY, P NNSI LS A NIA V. CIVIL ACTION - LAW BETSY S. COY, Defendant : NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 5" day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. Ls ?t? 9- env has 30 b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised oI' his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. 11. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. G ?Jacqueline M. Verney, Esq. Custody Conciliator Veara W. Haggarty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ,-eeanne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant :rc BY THE COURT ROBERT L. BRYNER, SR., Plaintiff v. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER AND NOW, this,_-_?r?day of November, 2004, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions This Honorable Court to hold Respondent, Betsy S. Coy, in contempt of its Order, and in support thereof avers the following: PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1. On August 5, 2004, This Honorable Court entered an Order awarding Petitioner partial custody of the minor child, April Bryner, date of birth January 17, 2003. A true and correct copy of the Order is attached to this Petition. 2. Respondent has willfully failed to abide by the Orders referenced above in that: a. Defendant, Betsy Coy, did not show up to transfer custody on Wednesday, November 24, 2004, at the appropriate place and time. b. Respondent repeatedly refuses to cooperate regarding minor necessary changes to Court Order. C. Respondent fails to encourage the relationship between Petitioner and the minor child. d. Respondent fails to notify Petitioner of doctor appointments prior to or after the appointments occur. Petitioner continues to discover doctor appointments by receipt of the doctor's bills. 3. Respondent, Betsy Coy, is responsible for attorney costs and fees. WHEREFORE, Petitioner prays that this Honorable Court find Respondent in contempt of its Order and grant Petitioner primary physical custody of the subject minor child. Furthermore, Petitioner prays that This Honorable Court direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition. Respectfully submitted, ABOM & KvTVLAKls, L.L.P. Date ( ?d Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 51h day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody, of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. 11. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. BY THE COURT, t? J esley Ole r., J. Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Jeanne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant :rc TRUE COPY E In nony whereof, and seal of said C t rh ....L...... d .: ? ?1 rrykkF tOM ' RECORD here into set r.vj hand rt f-arlisle, Pa. :?V.11 11...., -4 c VERIFICATION I, ROBERT L. BRYNER, SR., verify that the foregoing Petition for Contempt is true and correct to the best of my knowledge and belief. 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. Date: - 0 ?l ROBERT L. BR ER, SR. CERTIFICATE OF SERVICE AND NOW, this 3L may of November, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Kara W. Haggerty Attorney for Petitioner ZE v V1 S Q W O 0 P^J X7- F.l Ci CJ I ro 0 n :T7 ROBERT L. BRYNER, SR., Plaintiff v. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION -LAW IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER AND NOW, thisaot:L.,day of November, 2004, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions This Honorable Court to hold Respondent, Betsy S. Coy, in contempt of its Order, and in support thereof avers the following: PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1. On August 5, 2004, This Honorable Court entered an Order awarding Petitioner partial custody of the minor child, April Bryner, date of birth January 17, 2003. A true and correct copy of the Order is attached to this Petition. 2. Respondent has willfully failed to abide by the Orders referenced above in that: a. Defendant, Betsy Coy, did not show up to transfer custody on Wednesday, November 24, 2004, at the appropriate place and time. b. Respondent repeatedly refuses to cooperate regarding minor necessary changes to Court Order. C. Respondent fails to encourage the relationship between Petitioner and the minor child. d. Respondent fails to notify Petitioner of doctor appointments prior to or after the appointments occur. Petitioner continues to discover doctor appointments by receipt of the doctor's bills. 3. Respondent, Betsy Coy, is responsible for attorney costs and fees. WHEREFORE, Petitioner prays that this Honorable Court find Respondent in contempt of its Order and grant Petitioner primary physical custody of the subject minor child. Furthermore, Petitioner prays that This Honorable Court direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition. Respectfully submitted, ABOM & KvTVjr-Am, L.L.P. Date 111&b4 Kara W. Haggerty 71 ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 51h day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody, of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 moon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. 11. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. BY THE COURT, _ J Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Jeanne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant :rc TRUE COPY in i"*,: pony whereof, and seal of said C RONI RECCIRO and here to set r,? rt ; arlisle, Pa. _ VERIFICATION I, ROBERT L. BRYNER, SR., verify that the foregoing Petition for Contempt is true and correct to the best of my knowledge and belief. 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. I?r Date: ROBERT L. BR ER, SR. CERTIFICATE OF SERVICE AND NOW, this 3L_ay of November, 2004, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF PARTIAL CUSTODY ORDER upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Kara W. Haggerty Attorney for Petiti ner 4 r . v \ I!j N\ PJ C r"? z ,1 C 1 r :1 ?;.: tV `~1 f ? c_.rt ? r7 ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETSY S. COY DEFENDANT 03-1272 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 09, 2004 , 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 Tuesday, January 11, 2005 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/ , Jacqueline M. Verney, Esq. mnc 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 ha- 0/- el :, 0 11 J? JAN 1 2 2005 _Yjl, ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this L` I U day of J 277 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert L. Bryner, Sr., hereby withdraws his Petition for Contempt. 2. The prior Order of Court dated August 5., 2004 shall remain in full force and effect, with the following modifications. 3. Father shall have physical custody of the Child on Thursday, January 13 and January 20, 2005 from 3:30 p.m. to 8:00 p.m. 4. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. 5. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. 6. The parties shall explore and cooperate with co-parenting counseling with a counselor selected by the parties' attorneys. 7. 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. ?? ?t 1??: ??I! ? , M1? t? e ?i?'i J t" ?' _„??., cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother BY THE COURT, JAN 1 2 2005 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, Jr., J. CUSTODY CONCILIATION SUMNIARY 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on January 11, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated August 5, 2004, granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating, weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Father filed a Contempt Petition, alleging, inter alia, that Mother failed to transfer the Child for one of his Wednesday custody periods. Father was willing to withdraw his Contempt Petition in exchange for the modifications to the prior Order. 5. The parties agreed to the entry of an Order in the forrfm? as attached. Date cqu ne M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA VS. : No. 2003-1272 BETSY S. COY, CIVIL ACTION - AT LAW Defendant CUSTODY DEFENDANT'S PETITIONS FOR PSVCHOi.OGiCAi, EVALUATION, CONTEMPT AND MODIFICATION AND NOW, the Defendant, Betsy S. Coy, by and through her attorney, Jeanne B. ?ostopoulos, Esquire, avers the following in support of this Petition: 1. Petitioner, Betsy S. Coy, Defendant above, hereinafter referred to as Mother, is an adult individual who currently resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania, 17241. 2. Respondent, Robert L. Bryner, Sr., Plaintiff above, hereinafter referred to as Father, is an adult individual who currently resides at 28 Evandale Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. There is one dependent child from the relationship of Mother and Father, namely April M. Bryner, born January 17, 2003, hereinafter referred to as the Child. 4. The parties have previously attended numerous conciliation conferences before Jacqueline M. Verney, Esquire, and a hearing was held before the Honorable J. Wesley Oler, Jr., on August 2, 2004. 5. The parties are currently subject to Orders of Court dated August 5, 2004 (attached hereto as Exhibit A) and January 12, 2005 (attached as Exhibit B). 6. The court should order Father to be psychologically evaluated due to the following: a. On April 20, 2005, the child suffered from a non-epileptic class 3 sudden fever related seizure and Mother called 911 and the child was taken to Chambersburg Hospital by ambulance. Mother could not call Father because he will not give her his phone number. However, Father apparently heard about the ambulance call on his scanner and subsequently appeared at Chambersburg Hospital with his friend, Marlin Negley. When he arrived, Father first told hospital personnel that he was the child's grandfather and was concerned about his granddaughter. After Mother informed the staff that he was not her father, but was the child's father, he because hostile and disparaging towards Mother accusing her of being unhappy about how the divorce turned out. Due to Father's hostile attitude and yelling in the hospital, he was monitored by security personnel during his entire visit. Although he remained at the hospital for several hours, he only chose to spend about seven minutes with the child. The remainder of the time he hung out at the security station with Marlin Negley, who appeared much more concerned about the child than Father appeared. Mother believes and therefore avers that the sole reason Father remained at the hospital was to look for opportunities to harass Mother. b. Two days later, on April 22, 2005, Mother was summoned to appear at Cumberland County Children & Youth Services. Mother was informed that there had been allegations made against her that she had beat the child almost to death then brought her to the hospital by personal vehicle and that when she saw Father at the hospital she refused medical treatment, leaving against medical advice, and that while in the emergency room she had attempted to suffocate the child with a pillow. Children & Youth staff checked the child for bruises, found none, and indicated that it sounded like they had received a false report. Mother was told she would receive something in the mail the next week. Mother has yet to receive any correspondence. a. When the child is in Father's custody, he refuses to provide her with medication despite receiving clear instructions regarding the child's needs. d. Father's behavior of lying to hospital personnel, making false allegations to Children & Youth Services, and failing to provide the child with medication when she is in his custody shows that he has psychological issues which need to be addressed. Father has willfully violated the August 5, 2004 Order of Court as follows: a. On Wednesday, February 9, 2005, Father responded to afire call after having dropped the child off at the firehouse, in direct violation of paragraph 7 of the order. After responding to the call, he picked up the child and then was involved in a car accident. Father did not immediately notify Mother of the accident and did not contact Mother when he took the child to hospital, in violation of paragraph 1 of the order dealing with shared legal custody. Mother found out that the accident had occurred and that the child was at the hospital by receiving a phone call from emergency room personnel. When Mother arrived at the hospital, she had to sign hospital forms and provide insurance information because Father was being uncooperative with hospital staff. b. Father refuses to provide Mother with his current telephone number(s) in direct violation of paragraph 9 of the order. c. Shortly after the order was entered, for an entire week Father picked up the child at the state police barracks and but then had Marlin Negley drop the child off at Walmart in direct violation of paragraph 10 of the order. 8. Mother seeks to modify the August 5, 2004 Order as follows: a. Father's Wednesday evening periods of partial custody should be changed to Tuesday evenings because the Wednesday visits interfere with the child's speech therapy schedule. b. Father's alternating Saturday at 3:30 p.m. until Sunday at 8:00 p.m. periods of partial custody should be terminated so that Mother may have entire weekends to enjoy with the child. c. The court should make other adjustments to the custody schedule based upon the findings of a psychological evaluation of Father as well as a deeper investigation into Father's living arrangements which have changed at least six times in the past year and regarding which Father has not been forthcoming with accurate information. d. A provision should be added to the order which requires Father to dispense medication to the child as directed by her treating physician(s). WHEREFORE, Mother respectfully requests this Honorable Court to order Father to obtain psychological evaluation and to submit the results to the court for review. Mother also requests Honorable Court to make a finding of Contempt and to award to Mother attorney fees and costs for the preparation and litigation of this Petition as well as enter sanctions against Father. Lastly, Mother seeks to modify the current order as move specifically set forth above. Dated: Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 PA Supreme Ct. ID No. 68735 ROBERT L. BRYNER, SR., Plaintiff vs. BETSY S. COY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1272 CIVIL ACTION - AT LAW CUSTODY I, Betsy S. Coy, hereby verify that the statements made in the foregoing petition are true correct to the best of my knowledge, information, and belief. I understand that false herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn to authorities. Signature: ? s 4. etsy y S. Coy ,ROBERT L. BRYNER, SR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2003-1272 Y S. COY, CIVIL ACTION - AT LAW Defendant CUSTODY I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the Petition upon the persons, and in the manner, indicated below, which service satisfies the of the PA Rules of Civil Procedure, by depositing a copy of the same with the United Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed follows: .ara W. Haggerty, Esquire 6 South Hanover Street 'arlisle, PA 17013 BY: eann6 B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 /2 ?( dS PA Supreme Ct. ID No. 68735 g T EXVA ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT LL AND NOW, this 5`h day of August, 2004, upon consideration of Defendant's ,Petition for Special Relief, and following a hearing held on August 2, 2004, on the etition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial ustody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 003), and the Court having by separate order of court adjudicated Defendant in dontempt and imposed certain sanctions upon her with the understanding that an attempt Would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. 11. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. J Jacqueline M. Verney, Esq. ICustodv Conciliator ;ara W. Haggarty, Esq. 6 South Hanover Street arlisle, PA 170H ,ttoinev for Plaintiff e B. Costopoulos, Esq. 202 Ritter Road .anicsburg, PA 17055 nev for Defendant In TRUE COPY FROM FECORD estimony whereof, /l h:ve ??rto set my hand gse?l of said Curt}arlisle. Pa_ BY THE COURT EXVA 1 6 1T 6 ,lullI ?005 ROBER' 11. ERYN1 EI', SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2003-1272 CIVIL TERM BETSY .v COY, : CIVIL ACTION - LAW Defenda it IN CUSTODY ORDER OF COURT AND NOW, thi /2 1? day of t 0005 upon consideration of the att<:hed Custody Conciliation Report, it is ordered and directed as follows: 1. , The Fath ^r, Robert L. Bryner, Sr., hereby withdraws his Petition for Contempt, 2. The prior Order of Court dated August 5, 2004 shall remain in fiill force and effect, with the following modifications. 3. Father shall have physical custody of the Child on Thursday, January 13 and January 20, 2005 from 3:30 p.m. to 8:00 p.m. 4. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. 5. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. 6. The parties shall explore and cooperate with co-parenting counseling with a counselor selected by the parties' attorneys. x 7. _ 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 tetras of this Order shall control. BY THE COURT, 45 ey Oler, J ., cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother TRUE COP'S' f"ROM 6&-com) in T mity' *mrjf, ; iiterd Latta scat my hand :d the ctj? w saw a? Pa. 1 T tai • 3 `? i?ty %' +? °D____5 Prothonumri JAIL p 2 20D- PI-1 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY j PRIOR JUDGE: J. Wesley Oler, 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 is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on January 11, 2005, the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his sel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated t 5, 2004, granting shared legal custody, Mother primary physical custody, and periods of partial physical custody on alternating weekends from Friday to /, every Saturday overnight and every Wednesday evening, along with a holiday 4. Father filed a Contempt Petition, alleging, inter alia, that Mother failed to the Child for one of his Wednesday custody periods. Father was willing th w his Contempt Petition in exchange for the modifications to the prior Order. 5. The parties agreed to the entry of an Order in the form as attached. -/1 -09 A, e i cqu ne M. Verney, Esquire Custody Conciliator n ? 12 p ?„T N ?,• iii---- CID ? ? r.; -• ROBERT L. BRYN ER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BETSY S. COY DEFENDANT 03-1272 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 05, 2005 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 Coun Courthouse, Carlisle on Thursday, June 02, 2005 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/ Jacqueline M. Verney, Esp. ?y Custody Conciliator Y? 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 WI [ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,y? a ?? `? „_ ? ? ? n;? RECEIVED JUN 0 3 2005a ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this le day of , 2005, upon consideration of the attached Custody Conc iation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004 and January 12, 2005 shall remain in full force and effect with the following modifications. 2. Instead of Father having physical custody of the child on Wednesdays from 3:30 p.m. to 8:00 p.m., he shall have physical custody of the child on Tuesdays from 3:30 p.m. to 8:00 p.m. 3. Within ninety days of this Order, the parties shall schedule and cooperate with a Phase I custody evaluation to be conducted by Georgi Anderson to include psychological evaluations of the parents. Both parties shall sign releases so that the evaluator may share information and reports with both counsel for the parties. The parties shall share equally in the evaluations. 4. Both parties shall sign releases with Cumberland County Children & Youth Services for all records pertaining to the child to be released to the conciliator and counsel for the parties. 5. Mother shall provide a copy of the child's speech evaluation to Father within 10 days of this Order. 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. Once the Custody Evaluation and Psychological Evaluations are completed, either party may contact the Conciliator for another conciliation Conference. BY TH , J. Wesley Oler, Jr., J. cc-Xara W. Haggerty, Esquire, Counsel for Father ..-feanne B. Costopoulos, Esquire, Counsel for Mother J r ?q SOO, ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered Orders of Court, dated August 5, 2004, and January 12, 2005 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Mother filed a Contempt and Modification Petition and Request for Psychological Evaluation. Mother is willing to hold her Contempt and Modification requests in abeyance pending the custody evaluation and psychological evaluations. 5. The parties agreed to the entry of an Order in the form as attached. Date acq eline M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 : CIVIL ACTION - LAW : IN CUSTODY PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND MOTION TO MODIFY PARTIAL CUSTODY ORDER AND NOW, this 21" day of March, 2006, comes the Petitioner, Robert L. Bryner, Sr., by and through his counsel, Kara W. Haggerty, Esquire, of ABOM & KuruLAKIs, L.L.P., and respectfully petitions this Honorable Court to hold Respondent, Betsy S. Coy, in contempt of its Order and to modify the existing custody order to grant Petitioner primary physical custody, and in support thereof avers the following: COUNT 1: PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER 1. The petition of Robert L. Bryner, Sr., Plaintiff, respectfully represents that on June 13, 2005, an Order of Court was entered awarding Petitioner partial custody of the minor child, April Bryner, date of birth January 17, 2003. This Order references two other Orders that remain in full force and effect. These Orders are dated August 5, 2004 and January 12, 2005. A true and correct copy of each order is attached as Exhibits A, B, and C. 2. Respondent has willfully failed to abide by the Orders referenced above, in that: a. Mother refuses to cooperate with Father in regard to medical care by providing notification about the child's health or scheduling medical appointments to coordinate with Father's schedule; b. April's primary care physician has been told not to see April unless Mother is present, and the doctor is complying with Mother's request; c. April's primary care physician has refused to provide Father with any medical records at Mother's direction and regardless of the court order; d. Mother and Mother's family continue to cause problems and disturbances at custody exchanges, in the presence of the child; e. On January 22, 2006, Mother made a report of suspected child abuse on Father for alleged cigarette burns; said report was determined to be "unfounded" by Cumberland County Children & Youth Services due to the "burns" being purple magic marker; f. On March 21, 2006, Mother allegedly made another report of suspected child abuse on Father, however, at the time of this Petition, Father has not yet been told the allegations of abuse; g. The most recent report of abuse is approximately the fifth report made to Children & Youth against Father, and all reports have been unfounded; h. It is believed and therefore averred that Mother is making the reports of abuse to harass and cause alarm to Father; i. It is not in April's best interests to continually be subject to investigation by Children & Youth Services solely because Mother is harassing Father; 1. On March 17, 2006, Petitioner contacted undersigned counsel about the situation and requested that this Petition be filed. 2. It is believed and therefore averred that the Respondent has willfully failed to abide by this Honorable Court's Orders regarding the exchange of information pursuant to shared legal custody and cooperation regarding medical treatment for the child; 3. It is believed and therefore averred that Mother's willful failure to abide by This Honorable Court's Orders is the sole reason it is necessary for Father to file this Petition; 4. The repeated necessity to file petitions before This Honorable Court is causing significant financial strain on Petitioner, and Petitioner should not be responsible for the costs associated with bringing the within Petition; 5. Respondent should be ordered to be responsible for Petitioner's costs and attorney's fees associated with the bringing of this Petition. COUNT 2: MOTION TO MODIFY CUSTODY 6. Paragraphs one (1) through seven (7) are hereby incorporated by reference. 7. This Order should be modified because: a. Mother continually causes problems and disturbances with the custody of April; b. Mother refuses to cooperate with Father in regard to medical care; c. April has been ill for over two weeks and Mother refuses to take April to the doctor's office; d. Mother refuses to allow Father to take April to the doctor's office; e. April's primary care physician has been told not to see April unless Mother is present and the doctor is complying with Mother's request; f Pursuant to the shared legal custody provision of the court orders, Father is now taking April to Spring Road Family Practice for medical treatment; g. Father notified Mother of the change in the doctor office in person on Sunday, March 19, 2006, and will advise Mother in writing on Tuesday, March 2t, 2006, as well as provide Mother with all necessary information regarding the doctor; h. On or about January 22, 2006, Mother made a report of suspected child abuse against Father alleging the child had a cigarette burn, which was found to be "unfounded" by Cumberland County Children & Youth Services; i. Mother made the report based on seeing marks on the child that were made by a marker; j. It is believed and therefore averred that Mother made this report to harass and cause alarm to Father; k. Mother refused to give Father custody on Thanksgiving day which violates the current order by this Court; 1. It is believed and therefore averred that Mother does not foster April and Father's relationship; m. Father currently tries to foster April's relationship with her Mother and would continue to do so if he received primary custody; n. It is believed and therefore averred it is in the best interest of the child for Father to have access to her primary care physician so that he may get her necessary medical treatment; o. It is believed and therefore averted it is in the best interest of the child to be in the primary care of Father because he will foster a relationship between child and both parents; p. It is believed and therefore averred it is in the best interest of the child for Mother not to make unfounded and unwarranted reports to Children & Youth Services about Father; q. It is believed and therefore averred it is in the best interest of the child to be in the primary custody of Father where April will be in a stable and safe home environment. 8. Respondent's behavior is having an adverse impact on the current custody arrangement between the parties. WHEREFORE, Petitioner prays that this Honorable Court find Respondent in contempt of its Order. Petitioner prays that this Honorable Court grant the Motion to Modify Custody and grant Petitioner primary physical custody of the subject minor child. Further, Petitioner prays that this Honorable Court direct Respondent to pay the costs and attorney's fees associated with Petitioner bringing this Petition. Respectfully submitted, Date D3 Z1 1 U-0 ABOM& KUTumms, L.L.P. Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, ROBERT L. BRYNER, SR., verify that the foregoing Petition for Contempt and Motion to Modify Partial Custody Order is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 54904 relating to unsworn falsification to authorities. f ? Date:/ r?r ROBERT L. BRYNER, RECEIVED JUN C 3 2000' ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant : IN THE COURT OF COMMON PLEAS"OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Olt day of 2005, upon consideration of the attached Custody Conc iation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004 and January 12, 2005 shall remain in full force and effect with the following modifications. 2. Instead of Father having physical custody of the child on Wednesdays from 3:30 p.m. to 8:00 p.m., he shall have physical custody of the child on Tuesdays from 3:30 p.m. to 8:00 p.m. 3. Within ninety days of this Order, the parties shall schedule and cooperate with a Phase I custody evaluation to be conducted by Georgi Anderson to include psychological evaluations of the parents. Both parties shall sign releases so that the evaluator may share information and reports with both counsel for the parties. The parties shall share equally in the evaluations. 4. Both parties shall sign releases with Cumberland County Children & Youth Services for all records pertaining to the child to be released to the conciliator and counsel for the parties. 5. Mother shall provide a copy of the child's speech evaluation to Father within 10 days of this Order. 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. Once the Custody Evaluation and Psychological Evaluations are completed, either party may contact the Conciliator for another conciliation Conference. BY -' J. Wesley Oler, Jr., cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother TRUE COPY IY7 T'S' ory l'Jii2fcGtr and v Tea! of said' Cr J. F'sCUID emto sc' my hand ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered Orders of Court, dated August 5, 2004, and January 12, 2005 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Mother fled a Contempt and Modification Petition and Request for Psychological Evaluation. Mother is willing to hold her Contempt and Modification requests in abeyance pending the custody evaluation and psychological evaluations. 5. The parties agreed to the entry of an Order in the form as attached. Date (acq elinne M. Verney, Esquire Custody Conciliator ,JAN 1 2, ?'UjQ ROBER', L.BRVN. EF,SR., Plaintiff V. BETSY', COY, Defenda it : IN THE COURT OF COMMON PLEAS OF : CUMBER-LAND COUNTY, PENNSYLVANIA NO. 2003-1272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 11 ? day of , - 2005, upon consideration of the attzched Custody Conciliation Report, it is ordered and directed as follows: 1. The Fath -r, Robert L. Bryner, Sr., hereby withdraws his Petition for Contempt. 2. The prior Order of Court dated August 5, 2004 shall remain in fill force and effect, with the following modifications. Father shall have physical custody of the Child on Thursday, January 13 and January 20, 2005 from 3:30 p.m. to 8:00 p.m. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. 5. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. 6. The parties shall explore and cooperate with co-parenting counseling with a counselor selected by the parties' attorneys. - 1. _ This Order is entered pursuant to an agreement of the parties atV 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. _S_ BY THE COURT, .=- Wesley Oler, J ., J. cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother i 5 Ts?;irrrt?sy h rt 1, E it e grata W4 Pray Land p Preittonutar? JAN 1 u LUU.J I,,,-J ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff - : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on January 11, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated August 5, 2004, granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Father filed a Contempt Petition, alleging, inter alia, that Mother failed to transfer the Child for one of his Wednesday custody periods. Father was willing * withdraw his Contempt Petition in exchange for the modifications to the prior Order. Date The parties agreed to the entry of an Order in the form as attached. A, .ticqu ne M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW BETSY S. COY, Defendant NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 5`h day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 P.M. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 =Fon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from i 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. i 6. Neither party may relocate the child outside of the jurisdiction j without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her curr_nt telephone number(s). A 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. 11. Nothing herein is intended to preclude the parties From varying the terms of these custody arrangements by mutual consent. BY THE COURT, j esley Ole r., J. Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Jean e B. Costopoulos, Esq. S " e 202 000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant :rc TRUE COPY FROM PE!--'ORD In Testimony whereof, /I h:e set my hand and?fh? sell of said 96urt arlisle, Pa. CERTIFICATE OF SERVICE AND NOW, this 21" day of Nfarch, 2006, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF CUSTODY ORDER AND MOTION TO MODIFY PARTIAL CUSTODY ORDER upon the Respondent by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: By First-Class Mail; Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 Kara W. Haggerty Attorney for Petit -r S,c N ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1272 CIVIL ACTION LAW BETSY S. COY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, ---Monday, March 27, 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 on Thursday, May 11, 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 hearin{.'. FOR THE COURT, By: lsl_ac_ pueKne M. Verney' q Custody Conciliator 1 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 rvw ROBERT L. BRYNER, SR., Plaintiff VS. BETSY S. COY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-1272 CIVIL ACTION - AT LAW CUSTODY DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT AND MOTION TO MODIFY WITH NFW MATTER AND NOW, the Defendant, Betsy S. Coy, by and through her attorney, Jeanne B. Costopoulos, Esquire, submit the following Answer to Plaintiff's Petition and Motion: 1. Admitted. 2. a. Denied. It is specifically denied that Mother refuses to cooperate with Father in regard to medical care by providing notification about the child's health or scheduling medical appointments to coordinate with Father's schedule and strict proof thereof is demanded. By way of further answer, Mother does not have a phone number for Father at which to contact him regarding anything. b. Denied. It is specifically denied that Mother told April's primary care physician not to see April unless Mother is present and strict proof thereof is demanded. c. Mother is without sufficient information to admit or deny the actions of April's primary care physician with regard to providing Father with medical records. It is specifically denied that Mother has directed April's primary care physician not to provide Father with medical records. d. Denied. It is specifically denied that Mother and her family cause any problems or disturbances at custody exchanges either in the presence of the child or otherwise and strict proof thereof is demanded. By way of further answer, Mother's family remains in the car during exchanges and does not communicate with Father whatsoever. Father is the one who has friends present outside the vehicle during exchanges. e. Admitted. Mother honestly believed the child had a burn on her and reported it to Children & Youth Services. However, the next morning Mother realized it was only magic marker and informed Children & Youth Services of same. f Admitted in part; denied in part. It is admitted that the child returned from Father's house on March 19, 2006 with several scratches on her and that Mother subsequently contacted Children & Youth Services to report the condition of the child. It is specifically denied that Mother specifically accused Father of scratching the child, but she instead merely informed Children & Youth of what she saw. g. Mother is without sufficient information to admit or deny the allegations of paragraph g. By way of further answer, all reports Mother has ever made to Children & Youth Services were made as a result of a deep concern for the child, not for any malicious reason. h. It is specifically denied that Mother makes reports of abuse to harass and cause alarm to Father. By way of further answer, all reports Mother has ever made to Children & Youth Services were made as a result of a deep concern for the child, not for any malicious reason. i. See answer to h. above. 1. Mother is without sufficient information to admit or deny the allegations contained in paragraph 1 of Father's petition. 2. Denied. Mother has always abided by the current court order in all respects. 3. No answer required. 4. Denied. Father files Petitions because he has mental problems, not because of any action or non-action of Mother. 5. No answer required. 6. No answer required. 7. Denied. a. It is specifically de:iied that Mother ever causes problems or disturbances with the custody of April. b. It is specifically denied that Mother refuses to cooperate with Father in regard to medical care. c. It is specifically denied that April has been ill for over two weeks or that Mother has refused to take April to the doctor's office when she has been sick. d. It is specifically denied that Mother has done anything to prevent Father from taking April to a doctor's office. e. It is specifically denied that Mother's has told April's primary care physician not to see April unless Mother is present. f. It is specifically denied that the shared legal custody provisions of the current court order provides that Father may unilaterally change the child's primary care physician. By way of further answer, Father's unilateral decision to switch primary care physicians is in direct violation of the share legal custody provisions of the current court order. g. It is admitted Father unilaterally changed the child's primary care physician and that he notified Mother of same. h. Admitted. i. Admitted. j. Denied. k. It is admitted that Mother refused to give Father custody on Thanksgiving Day. It is specifically denied that the current order provides Father with custody on Thanksgiving Day. 1. It is specifically denied that Mother does not foster April and Father's relationship. By way of further answer, it is Father who cannot get along with Mother and who cannot provide adequate care for the child while she's in his custody. Mother merely reports what she sees. in. Denied. It is specifically denied that Father has ever tried to foster April's relationship with her Mother or that he would do so if he had primary custody. n. Admitted. By way of further answer, Mother has never prevented Father from having access to April's primary care physician or from obtaining necessary medical treatment for her. o. Denied. p. It is specifically denied that Mother has ever made unwarranted reports to Children & Youth Services about Father. q. It is specifically and emphatically denied that Father has ever provided a stable and safe home environment for April. By way of further answer, Father has consistently provided an unstable and unsafe environment for April. 8. Denied. NEW MATTER -MOTRER'S J!RTITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF C IJSTODY ORDER 9. Paragraphs 1 through 8 are incorporated herein by reference as though fully set forth herein. 10. Father has willfully violated the current order of court as follows: a. Father brings people to custody exchanges and they do not remain in the vehicle. b. In January of 2005, Father had the child's ears pierced and cut her hair very short without first consulting with Mother. c. In February of 2005, Father went on afire call while he had custody of the child. d. Father took the child to Pittsburgh over Labor Day weekend in 2005 without providing Mother the proper information. Father did provide Mother with a phone number but when she called it she was told Father was not there. Father did not return the call. e. Father took the child to Pittsburgh in early November of 2005 without notifying Mother. Mother was notified after the fact by a mutual acquaintance. f. Father unilaterally changed the child's primary care physician in direct violation of the shared legal custody provision of the Order. g. Father moved and has his phone number changed without notifying Mother of his new address or phone number. 11. Mother seeks to modify the current order of court such that Father's alternating Saturday into Sunday custody are removed from the order so that Mother can spend the full weekend with the child during her custodial weekends. WHEREFORE, Mother requests this Honorable Court to make a finding of Contempt and to award to Mother attorney fees and costs for the preparation and litigation of this Petition as well as enter sanctions against Father. Mother also seeks to modify the current order as move specifically set forth above. Respectfully submitted, Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 Dated:? PA Supreme Ct. ID No. 68735 ????? ROBERT L. BRYNER, SR., : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2003-1272 BETSY S. COY, CIVIL ACTION - AT LAW Defendant CUSTODY I, Betsy S. Coy, hereby verify that the statements made in the foregoing docoument are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: - 2 7 o ti Signature: , Y Betsy S. Coy ROBERT L. BRYNER, SR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2003-1272 BETSY S. COY, CIVIL ACTION - AT LAW Defendant CUSTODY I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Petition upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Dated: 3 /Z 7?6 BY: Jeanne B. Costopoulos, Esquire _ ATTORNEY FOR DEFENDANT 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 V` O ?` c.J C ?? ? ?) ?'- y?-' ?_ } ? ? t ?.1 ?": ?r tV ( ' ' ... l.iJ ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1272 CIVIL ACTION LAW BETSY S. COY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Friday, AEI 07, 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 Carlisle Oil Tuesday, April 18, 2006 at 2:30 PM _ Courthouse, 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/ ac ueGne 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 ?r o (a r? r APR 1 9 2006rr? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _aft day of o " _, 2006, upon consideration of the attached Custody Conciliatio Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 shall remain in full force and effect with the following modifications. 2. The Father, Robert L. Bryner, Sr. and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her 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. 3. Within ten days of the date of this Order of Court the parties shall schedule an appointment with Casey Shienvold for a custody evaluation. Mother shall R. iV } 7 Y pay the retainer and Father shall reimburse mother on a monthly basis at least $50.00 per month beginning May 1, 2006 for his portion of the evaluation. 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. Once the Custody Evaluation is completed, either party may contact the Conciliator for another conciliation Conference. cc! W. Haggerty, Esquire, Counsel for Father nnelB. Costopoulos, Esquire, Counsel for Mother V ' oa BY THE COURT, ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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 DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on April 18, 2006, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered Orders of Court, dated August 5, 2004, January 12, 2005 and June 13, 2005 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Tuesday evening, along with a holiday schedule. 4. Father filed a Contempt and Modification Petition. Mother filed an Answer to Father's Petitions and a Contempt Petition and a Petition to Modify. 5. The parties agreed to hold their Contempt Petitions in abeyance and to the entry of an Order in the form as attached. I Date ac line M. Verney, Esquire Custody Conciliator ,J ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03-1272 CIVIL ACTION - LAW IN CUSTODY PETITION FOR RULE TO SHOW CAUSE AND NOW, this day of June, 2006, comes the Petitioner, ABOM & KUTULAKIS, LLP, by Kara W. Haggerty, Esquire, and files this Petition for Rule to Show Cause, and represents as follows: 1. Petitioner is Kara W. Haggerty, Esquire, attorney for Plaintiff, with offices at 36 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondents are the Plaintiff, Robert L. Bryner, Sr., residing at 10 West Locust Street, Mechanicsburg, Pennsylvania 17055, and the Defendant, Betsy S. Coy, whose attorney of record is Jeanne Costopoulos, Esquire, 3803 Old Gettysburg, Road, Camp Hill, Pennsylvania 17011. 3. Petitioner was retained on or about March 21, 2003 to represent Plaintiff in the above-captioned custody action. 4. The parties are presently engaged in a custody proceeding. 5. Petitioner drafted various pleadings in relation to the above-referenced custody matter, as well as attended various conferences on Plaintiff's behalf, and engaged in correspondence with opposing counsel. ?./ 6• The Plaintiff has not paid Petitioner in full for services rendered by her law firm to date. Although Petitioner has attempted to correspond with Plaintiff about his account and additional proceedings, those efforts have been unsuccessful. 7. Petitioner believes and therefore avers that Plaintiff has adequate time to fmd substitute counsel and that neither party will be prejudiced should the court grant Petitioner's request herein. WHEREFORE, Petitioner respectfully requests This Honorable Court enter a Rule upon the Respondents to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Plaintiff. Respectfully Submitted, ABOM & KUTnAms, L. L. P. Date: (? Q(? Kara W. Haggerty, e Attorney ID #86914 36 South Hanover Street Carlisle, PA 17013 Petitioner .-I VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE 1 I ?j Kara W. Haggerty, E r Attorney ID #86914 11 CERTIFICATE OF SERVICE AND NOW, this edgy _ 2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Rule to Show Cause, upon the Plaintiff and Defendant's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail - Return Receipt Requested. Robert L. Bryner, Sr. 10 West Locust Street Mechanicsburg, PA 17055 Via regular mail. Jeanne Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 Kara W. Haggerty, Esquire "" ' ' n ? t-_ r...? r- c ccn "? _ "ter ?,_, y'. ?--?, _ - ? ?, .`' ?? ? ?, .- ??PdeT? JUN 1 2 2006 ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 03-1272 BETSY S. COY, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this t l G day of ?7 1, , L , 2006, upon petition of Kara W. Haggerty, Esquire, a Rule is hereby issued upon the parties to show cause why Petitioner should not be permitted to withdraw as counsel for Plaintiff. Rule returnable __10 _ days after the date of service of this Order. Service to be by certified mail upon Plaintiff and upon Defendant's attorney of record, Jeanne Costopoulos, Esquire "r BY THE COURT: ii 9S s I !??, d c 1 1, '''7i 1 9!juc ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 28'x' day of June, 2006, upon consideration of the document received by the undersigned on June 23, 2006, the Prothonotary is hereby directed to docket the attached letter as an answer to the Rule To Show Cause issued in the above matter on June 13, 2006. ,ara W. Haggarty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff 015?nne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant VKobert L. Bryner 28 Evan Dale Court Carlisle, PA 17013 BY THE COURT, qp J :rc ? l ?t <dL',,, n I?. G i!; ?(a?o? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO. 03-1272 BETSY S. COY, : CIVIL ACTION - LAW Defendant :CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Betsy S. Coy, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Betsy S. Coy, in the above captioned case. 2. It is believed and therefore averred that Defendant is no longer able to afford the services of undersigned counsel. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel from Defendant's case. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Dated: '1 07 By: JLXNNE B. COSTOPOUL-OS4SQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO. 03-1272 BETSY S. COY, : CIVIL ACTION - LAW Defendant :CUSTODY VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: i 7 Signature: eanne B. Costopoulos, Esquire -. ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO. 03-1272 BETSY S. COY1: CIVIL ACTION - LAW Defendant :CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Betsy S. Coy 1830 Pine Road Newville, PA 17241 Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 By: J k"t B. COSTOPOULOS, E RE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Dated. Z??? co FEB 0 8 2DO7 /,V? ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO. 03-1272 BETSY S. COY, : CIVIL ACTION - LAW Defendant :CUSTODY ORDER OF COURT AND NOW this -12,?4ay of 2007, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable _ 10 days from service. Distribution: pnnd B. Costopoulos, Esq., 210 Grandview Ave., Camp Hill, PA 17011 ara Haggerty, 36 S. Hanover St., Carlisle, PA 17013 r Wtsy S. Coy, 1830 Pine Rd., Newville, PA 17241 J BY THE COURT: VINVIAWNN?d ,Onm ?,! ',rr,,-4,-igWt o I C :01 WTI C 1933 LOQZ AUVIQN0i-JCL?d 3H. AO 30WO-03lu ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. :NO. 03-1272 BETSY S. COY1: CIVIL ACTION - LAW Defendant :CUSTODY MOTION TO MAKE RULE ABSOLUTE AND NOW, the Petitioner, Jeanne B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. 2. 3 4. Petitioner, Jeanne B. Costopoulos, Esquire, filed a Petition to Withdraw as Counsel for Defendant on February 8, 2007. On February 12, 2007, a Rule was issued on both parties to show cause why the Petition should not be granted. The Rule was returnable 10 days from service. Petitioner served both the Petition and Rule on Defendant, Betsy S. Coy, on February 21, 2007. (See attached Exhibit A - Affidavit of Service). Petitioner served both the Petition and Rule on Plaintiff's counsel, Kara Haggerty, Esquire, on February 21, 2007. (See attached Exhibit B - Affidavit of Service) 5. Neither party has filed a response to the Petition to Withdraw as Counsel for Defendant and more than 10 days have elapsed since service of the Petition and Rule upon both parties. WHEREFORE, the undersigned respectfully requests this Honorable Court to grant her leave to withdraw as counsel for Defendant, Betsy S. Coy. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: N? B. COSTOPOULOS, ESQUIRE Dated: v Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel for Defendant and Rule to Show Cause were both served upon Defendant, Betsy S. Coy, on February 21, 2007, by first class, Certified Mail. Restricted Delivery, receipt no.7005 0390 0005 2244 1811 (return receipt attached). By: J ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 ?IFIII(J7- Telephone No. (717) 909-4060 Dated: EXHIBIT A 7- • Complete items 1, 2, and 3. Also Complete Nom 4 If Restricted Delivery is desired. ¦ Pdrd your name and address on the reverse so that we can nAum the card to you. ¦ Attach this card to the hack of the maiipiece, or on the fnxrt ff space permits. 1. Ardde Addressed to: 130 I'?ne (Za? Ivu,jull'it, K (1? ?/ 1?g5rA: ctL90 ?elo'&j c,r y A. Sid oh" o Agw t X ? Addy..... B. Received by (Hinted Name) p . Days ot? ': ?' -1- D. Is d ftwit from item 1? ? Yes if YES, enter delivery address below: ? No 3. CerN ad Map O Express Map 0 Repfotiered ? Rot= Receipt for Momhw fte o lrxexed Map ? C.O.D. 4. Restricted Depvery? (Fade Fee) 2. Arlde Number ' 7005 0390 0005 2244 1811 - m n far frown swvice Pia Form 3811, Felxusry 2004 Domeelic, Rehm Floc dpt 1025964¢-*1540 AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel for Defendant and Rule to Show Cause were both served upon counsel for Plaintiff, Kara Haggerty, on February 21, 2007, by first class, Certified Mail receipt no.7005 0390 0005 2244 1804 (return receipt attached). By: ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Dated: 3/"00 Telephone No. (717) 909-4060 EXHIBIT B ¦ Qomplete items 1, 2, and 3. Also complete Nem 4 If Restricted Delivery Is desired. ¦ Ptint your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front if space permits. Ardcb Addressed to. kara.u?yLf? 36 5-- CO, ur?a?rSfi rI Fs(e? PA l7Z VI A. Signature B. Received by RMred nr e) c. I D. Is delivery addrees dlfem t from Item 1? ? Yes If YEs, enter delivery addroas below: ? No 3. SpOe type LZI O" w Mail O Express Mail O liegistered ? Return Reoeipt for Mwdrarrdhs ? Inured Mau ? C.O.D. 4. PaWh ted Delivery? (Extra Fee) ? Yes Z ArWe Number 7005 0390 0005 2244 1804 rlNaeeft SAMas 00 Fe Form 3811, Fslex wy 2ow Upwatk Remn Rwveipt Ica cara-tMo ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 03-1272 BETSY S. COY5 : CIVIL ACTION - LAW Defendant :CUSTODY VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 3847 Signature: Je a B. Costopoulos, Esq ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 03-1272 BETSY S. COY, : CIVIL ACTION - LAW Defendant :CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Betsy S. Coy 1830 Pine Road Newville, PA 17241 Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Dated: e z .? , ;? ? ? .V ? --a f ,..,' - ..i -r? I .? ?? i.. j ... ,. .- C_" ? „^x ?, J :J _-_ ?.? ..,-" t? r"?, '" ?? t..:. ? ::;;A ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003-1272 CIVIL TERM IN CUSTODY PETITION FOR CONTEMPT OF CUSTODY 1. Petitioner is Betsy S. Coy, who resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is Robert L. Bryner, Sr., who resides at 1 I Cooper Circle, Carlisle, Cumberland County, Pennsylvania 17103. 3. On June 13, 2005, the Honorable Judge Oler entered the most recent Custody Order attached as Exhibit "A". 4. On June 12, 2005 and August 5, 2004 the Honorable Judge Oler had entered Custody Orders, which are attached as Exhibit B" and Exhibit "C." 5. Since the entry of said Order, Respondent has willfully failed to obey said Order as follows: a. Respondent during his partial physical custody with child is taking the child with him on fire calls. b. Respondent has moved multiple times and is failing to keep Petitioner on notice of any new contact information thereby making it impossible to contact him. c. Respondent took child outside the immediate area, to Pittsburg, without providing any contact information to Petitioner. d. On or about February 27, 2007, Respondent dropped off the child and had a strong smell of alcohol on his breath. WHEREFORE, Petitioner prays this Court to adjudge the Respondent in contempt of Court. Date: April 2, 2007 Respectfully submitted, ROMINGER & ASSOCIATES r rr jx? Leslie A. Tome , Esquire 155 South Han ver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court fl) # 200198 Attorney for Petitioner ROBERT L. BRYNER, SR., Plaintiff V1. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003-1272 CIVIL TERM IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. !?q Betsy S. Coy, Petitioner/Defendant ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003-1272 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, Betsy S. Coy, do hereby certify that I this day served a copy of the Petition for Contempt of Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Kara Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Dated: April 2, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Leslie A. Tomeo, squire 155 South Hano r Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner RECEIVED JUN 0 3 2005 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY9 : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this J day of , 2005, upon consideration of the attached Custody Conc iation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004 and January 12, 2005 shall remain in full force and effect with the following modifications. 2. Instead of Father having physical custody of the child on Wednesdays from 3:30 p.m. to 8:00 p.m., he shall have physical custody of the child on Tuesdays from 3:30 p.m. to 8:00 p.m. 3. Within ninety days of this Order, the parties shall schedule and cooperate with a Phase I custody evaluation to be conducted by Georgi Anderson to include psychological evaluations of the parents. Both parties shall sign releases so that the evaluator may share information and reports with both counsel for the parties. The parties shall share equally in the evaluations. 4. Both parties shall sign releases with Cumberland County Children & Youth Services for all records pertaining to the child to be released to the conciliator and counsel for the parties. 5. Mother shall provide a copy of the child's speech evaluation to Father within 10 days of this Order. 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. Once the Custody Evaluation and Psychological Evaluations are completed, either party may contact the Conciliator for another conciliation Conference. ?-?t+ V 0/f E?-k - BY J. Wesley Oler, Jr., J. cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother TRUE COPY F70M RECORD Testimony °rh,-r of ! h,,-.-re -into set my haad end sea!! o? sa+?? Duct Carlisle, Pa. ; T1IV ..?3.... af. r i ROBERT L. BRYNER, SR., Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered Orders of Court, dated August 5, 2004, and January 12, 2005 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Mother filed a Contempt and Modification Petition and Request for Psychological Evaluation. Mother is willing to hold her Contempt and Modification requests in abeyance pending the custody evaluation and psychological evaluations. 5. Date The parties agreed to the entry of an Order in the form as attached. acq ehne M. Verney, Esquire_ Custody Conciliator 4 f4.., ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this JQ 1?, day of Lvl? , 2005, upon consideration of the attached Custody Concil ation Report, it is ordered and directed as follows: 1. The Father, Robert L. Bryner, Sr., hereby withdraws his Petition for Contempt. 2. The prior Order of Court dated August 5, 2004 shall remain in full force and effect, with the following modifications. 3. Father shall have physical custody of the Child on Thursday, January 13 and January 20, 2005 from 3:30 p.m. to 8:00 p.m. 4. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. 5. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. 6. The parties shall explore and cooperate with co-parenting counseling with a counselor selected by the parties' attorneys. 7. 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. .af JAN _ ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 1. . The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME April M. Bryner DATE OF BIRTH CURRENTLY IN CUSTODY OF January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on January 11, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated August 5, 2004, granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Father filed a Contempt Petition, alleging, inter alia, that Mother failed to transfer the Child for one of his Wednesday custody periods. Father was willing to withdraw his Contempt Petition in exchange for the modifications to the prior Order. 5. Date The parties agreed to the entry of an Order in the form as attached. YCquQd1ne M. Verney, Esquire Custody Conciliator BY THE COURT, Wes fey Oler, J ., J. cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother •' i us : yr/ ?G7,?t ..A :dpi i. •rwX ? :i-+ 4.+Y4?sn w ? ,? ? 5.1. il?_ /I ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 5"' day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 p.m. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a.m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. . . 11. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. J Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. -)b South Hanover Street -arlisle, PA 17013 attorney for Plaintiff eange B. Costopoulos, Esq. tyife 202 )00 Ritter Road Cechanicsburg, PA 17055 ttorney for Defendant TP,," f COPY FRAM PFCOGRD In Testimony wheccof, { h,'rr, r?il'o set my hard and fl sepi of said urt arlisle, Pa Th' ..... [.? ..... a 0 ACK i t it n is BY THE COURT, ?` ti.,? ?,. ?4' ?R =; .__a ?` ?...? Cw,,. r?, ,? (,?;: ?"` N C ?' "^w.. ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BETSY S. COY, Defendant NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this I11h day of April, 2007, upon consideration of the Petition for Rule To Show Cause filed by Kara W. Haggerty, Esq., and of the answer of Plaintiff, Robert L. Bryner, Sr., to the petition, a hearing is scheduled for Friday, April 27, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J./)Wesley Oler, Jr., J. ,K/ara W. Haggarty, Esq. 36 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff /anne B. Costopoulos, Esq. Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 Attorney for Defendant y ,1(obert L. Bryner, Sr. 28 Evan Dale Court Carlisle, PA 17013 :rc f ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1272 CIVIL ACTION LAW BETSY S. COY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, -Thursday, April 12, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 11, 2007 _ at 3:00 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 aPe 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/ john,j. Mangan, fr., Esq. A&__j Custody Conciliator V 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 ,- ?? ,,;-, ?y , ,? .?? ? 7'"s ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. BETSY S. COY, Defendant :NO. 03-1272 CIVIL ACTION - LAW :CUSTODY ORDER OF COURT AND NOW this 2.3r I day of 2007, upon consideration of Jeann6 B. Costopoulos' PETITION TO WITHDRAW AS COUNSEL and MOTION TO MAKE RULE ABSOLUTE, it is hereby Ordered that Jeann6 B. Costopoulos, Esquire, is granted leave to withdraw as counsel for Defendant, Betsy S. Coy. BY THE COURT: Distribution: ann6 B. Costopoulos, Esquire, 210 Grandview Ave., Camp Hill, PA 17011 ara Haggerty, Esquire, 36 S. Hanover St., Carlisle, PA 17013 /etsy S. Coy, 1830 Pine Rd., Newville, PA 17241 Ida ,?? ?dtl 100 APR 2 6 2007 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25 h day of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A. vt""? acq ine M. Verney, Esquire, Custod Conciliator 40 ROBERT L. BRYNER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW BETSY S. COY, Defendant 03-1272 CIVIL TERM IN RE: MOTION TO WITHDRAW ORDER OF COURT AND NOW, this 27th day of April, 2007, upon consideration of the request of Kara W. Haggerty, Esquire, to withdraw as counsel for the Plaintiff in this case, and without objection on the part of the Plaintiff, the motion is granted, and Kara W. Haggerty, Esquire, and her firm are excused from further representation of Plaintiff in this case. Kara W. Haggerty, Esquire 36 South Hanover Street Carlisle, PA 17013 Robert L. Bryner, Sr. 28 Evan Dale Court Carlisle, PA 17013 -C'?ty2.ua ,?Yn ? -6 7 Jeanne B. Costopoulos, Esquire Suite 202 5000 Ritter Road Mechanicsburg, PA 17055 For Defendant :mae By the Court, i `: f C l ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003-1272 CIVIL TERM IN CUSTODY PETITION TO MODIFY CUSTODY 1 2. 3. 4. Petitioner is Betsy S. Coy, who resides at 1830 Pine Road, Newville, Cumberland County, Pennsylvania 17241. Respondent is Robert L. Bryner, Sr., whose last know address was 11 Cooper Circle, Carlisle, Cumberland County, Pennsylvania 17103. On June 13, 2005, the Honorable Judge Oler entered the most recent Custody Order attached as Exhibit "A". On June 12, 2005 and August 5, 2004 the Honorable Judge Oler had entered Custody Orders, which are attached as Exhibit "B" and Exhibit "C." 5. Since the entry of said Order, there has been a significant change in circumstances in that: a. Respondent in the past had violated the immediate area of 50 miles, Petitioner wishes to change the immediate area to 25 miles outside the jurisdiction to ensure the child is not traveling consistently during her visits with Respondent. b. Respondent in the past has violated the exchange times and schedule and Petitioner wishes that Respondent would only have visitation every other weekend, to ensure she will have the child for school during the week. c. Due to Respondents lack of abiding by the current Order, Petitioner wishes to have a provision allowing the Carlisle State Police to be able to retrieve child if not returned as follows by the Order. WHEREFORE, Petitioner prays this Court to grant the modification of the Custody Order. Date: June 4, 2007 Respectfully submitted, ROMINGER & ASSOCIATES . 0,4;,f- iTom o, Esquire 155 South H ver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW BETSY S. COY NO. 2003-1272 CIVIL TERM Defendant IN CUSTODY VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Betsy S. Coy, Petitioner/Defendant ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2003-1272 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Defendant, Betsy S. Coy, do hereby certify that I this day served a copy of the Petition to Modify Custody upon the following by First Class Mail delivery at Carlisle, Pennsylvania, addressed as follows: Harold S., III Irwin Irwin Law Office 64 S. Pitt St. Carlisle, PA 17013 Dated: June 4, 2007 Respectfully submitted, ROMINGER & ASSOCIATES Leslie A. Tomeo Esquire 155 South Hano er Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Petitioner RECEIVED JUN 0 3 2005 JUN 0 5 2007 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this / day of , 2005, upon consideration of the attached Custody Conc iation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004 and January 12, 2005 shall remain in full force and effect with the following modifications. 2. Instead of Father having physical custody of the child on Wednesdays from 3:30 p.m. to 8:00 p.m., he shall have physical custody of the child on Tuesdays from 3:30 p.m. to 8:00 p.m. 3. Within ninety days of this Order, the parties shall schedule and cooperate with a Phase I custody evaluation to be conducted by Georgi Anderson to include psychological evaluations of the parents. Both parties shall sign releases so that the evaluator may share information and reports with both counsel for the parties. The parties shall share equally in the evaluations. 4. Both parties shall sign releases with Cumberland County Children & Youth Services for all records pertaining to the child to be released to the conciliator and counsel for the parties. 5. Mother shall provide a copy of the child's speech evaluation to Father within 10 days of this Order. 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. Once the Custody Evaluation and Psychological Evaluations are completed, either party may contact the Conciliator for another conciliation Conference. ? if ?ti ?1. ? V BY J. Wesley Oler, Jr., J. cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother TRIBE r.,,)pY vn#-N,?A 'P CORD. Tedimory vi"I'l ,of I h.7re urio set my hand and seai2) sad o rr 4 Carlisle, Pa. . ??.... ¢ cf.. ' Th4/. ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 2, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered Orders of Court, dated August 5, 2004, and January 12, 2005 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Mother filed a Contempt and Modification Petition and Request for Psychological Evaluation. Mother is willing to hold her Contempt and Modification requests in abeyance pending the custody evaluation and psychological evaluations. 5. The parties agreed to the entry of an Order in the form as attached. Date or??? A, Z-- acq eline M. Verney, Esquire Custody Conciliator JUN 03???rr? ?? .: ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this ;Q 1? day of , 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert L. Bryner, Sr., hereby withdraws his Petition for Contempt. 2. The prior Order of Court dated August 5, 2004 shall remain in full force and effect, with the following modifications. 3. Father shall have physical custody of the Child on Thursday, January 13 and January 20, 2005 from 3:30 p.m. to 8:00 p.m. 4. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. 5. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. 6. The parties shall explore and cooperate with co-parenting counseling with a counselor selected by the parties' attorneys. 7. 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. I : _ _l rr 1?{ !/? F ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on January 11, 2005, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Kara W. Haggerty, Esquire and Mother, Betsy S. Coy, with her counsel, Jeanne B. Costopoulos, Esquire. 3. The Honorable J. Wesley Oler, Jr. entered an Order of Court, dated August 5, 2004, granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Wednesday evening, along with a holiday schedule. 4. Father filed a Contempt Petition, alleging, inter alia, that Mother failed to transfer the Child for one of his Wednesday custody periods. Father was willing to withdraw his Contempt Petition in exchange for the modifications to the prior Order. Date The parties agreed to the entry of an Order in the form as attached. cqu ne M. Verney, Esquire Custody Conciliator BY THE COURT, J es ey Oler, J d, cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 5`h day of August, 2004, upon consideration of Defendant's Petition for Special Relief, and following a hearing held on August 2, 2004, on the petition and on Plaintiff's Petition for Civil Contempt for Disobedience of Partial Custody Order, with respect to the parties' child, April M. Bryner (d.o.b. January 17, 2003), and the Court having by separate order of court adjudicated Defendant in contempt and imposed certain sanctions upon her with the understanding that an attempt would be made by the Court, in fashioning the present order on Defendant's Petition for Special Relief, to rectify the harm arising out of Defendant's contempt, and based upon the Court's perception as to the best interests of the child, it is ordered and directed as follows: 1. Legal custody of the child shall be shared by the parties. 2. Primary physical custody of the child shall be in the mother. 3. Temporary or partial physical custody of the child shall be in the Father at the following times: a. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday the period of temporary or partial physical custody shall extend until Monday at 8:00 p.m. b. On weekends other than those referred to in paragraph 3a, from Saturday at 3:30 P.M. until Sunday at 8:00 p.m. c. Every Wednesday from 3:30 p.m. until 8:00 p.m. 4. Christmas shall be divided into two blocks. Block A shall run from 12:00 noon on Christmas Eve to Christmas Day at 12:00 noon. Block B shall nun from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 5. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day from 8:00 a_m. to 6:00 p.m. 6. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 7. Neither party may respond to fire calls while the child is in his or her custody. 8. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 9. Each party shall keep the other advised of his or her current telephone number(s). 10. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania. Only the mother and father are permitted to exit their vehicles at custody exchanges. I 1. Nothing herein is intended to preclude the parties from varying the terms of these custody arrangements by mutual consent. J Jacqueline M. Verney, Esq. Custody Conciliator Kara W. Haggarty, Esq. A South Hanover SLreee -arlisle, PA 17013 kttorney for Plaintiff eanrpe B. Costopoulos, Esq. yife 202 X00 Ritter Road lechaniesburg, PA 17055 ttorney for Defendant ?1rrr COPY FR')M PE?-ORD In Testimony whj:-eaf, 4 ,,+,a set my hand and s"i self of said rt arfisle, Pa T ..... !./ .... da o i t )r n is BY THE COURT 1V Oh ?• V j b 1114 C.: ?L ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 03-1272 CIVIL ACTION LAW BETSY S. COY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, June 06, 2007 , 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 Country Courthouse, Carlisle on Thursday, June 28, 2007 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 pennanent 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: Is/ ac ueline M. Verne Es . 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 • P14 °4"v ip ~„- LOB °/ 47 \, Q' fit, a,r? I Z :Z! ?jj 8- NIN LOOZ JUN 2 9 2007 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of T V (I 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 are hereby vacated. 2. A. The Father, Robert L. Bryner, Sr. and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her 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. B. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. ! Z •Z W'd 0 fp r LOU A?alLCli - i i f1 r-'; I ` 1A C. The parties shall cooperate with family counseling if available through father's health insurance. D. Each party shall keep the other advised of his or her current telephone number 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m. B. Alternating weekends from Friday at 3:30 p.m. to Saturday at 12:00 noon. C. Every Tuesday and Wednesday from 3:30 p.m. to 8:00 p.m. 5. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania, except for the 3:30 p.m. Friday exchange which shall occur at Keck's store on Pine Road. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. Only the mother and father are permitted to exit their vehicles at a custody exchange. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day form 8:00 a.m. to 6:00 p.m. 8. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 9. Neither party may respond to fire calls which the child is in his or her custody. 10. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 11. The parties understand that the Pennsylvania State Police have the authority to enforce this Order in its discretion. 12. 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. cc: Leslie A. Tomeo, Esquire, Counsel for Mother Harold S. Irwin, III, Esquire, Counsel for Father '?? /h?-?wC? 7- 11-6 7 BY THE COURT, ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME April M. Bryner DATE OF BIRTH CURRENTLY IN CUSTODY OF January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on June 28, 2007, with the following individuals in attendance: Mother, Betsy S. Coy, with her counsel, Leslie A. Tomeo, Esquire and the Father, Robert L. Bryner, Sr., with his counsel, Harold S. Irwin, III, Esquire. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated June 13, 2005, January 12, 2005 and August 5, 2004 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on alternating weekends from Friday to Sunday, every Saturday overnight and every Tuesday evening, along with a holiday schedule. 4. The parties agreed to the entry of an Order in the form as attached. Date acqu ine M. Verney, Esquire Custody Conciliator o SEP S # 2007 ROBERT L. BRYNER, SR.. Plaintiff V. BETSY S. COY . Defendant Prior Judge. J. Wesley Oler,:Jr., J. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1272 Civil Term ACT10N IN CUSTODY COURT ORDER AND NOW .this S %'y of SePtember, 2007, uPon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 shall remain in full force and effect with the following modifications. 2. The Father and Mother shall provide all contact information, including cell and home phone numbers and address location of their residences. Should either party's `contact information change, that party shall immediately notify the other parent as soon as practicable. 3. While the Child is in Father's physical custody, Father shall not bring the Child along on any fire calls. 4. During; any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 5. Father is directed to investigate whether his medical insurance will cover counseling sessions and the parties are directed to continue on with said counseling. 6.. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 0 VIN'VA1ASNNBd ZE : f f Wb SZ d3S LOOZ AdViGNO-IOW 3HL JO 3 JI???t--ta3`I(? 6 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Cc gold Irwin, Esquire er and Associal Xhn J. Mangan, Esqun BY THE J. ROBERT L. BRYNER, SR. Plaintiff v IN ACCORDANCE WITH.THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following report: Prior Judger J. Wesley Oler, Jr., J. CONCII.I MN COMMMIZ SUMMARY REPORT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1272 Civil Term . Defendant : ACTION IN CUSTODY BETSY S. COY 1. The pertinent information pertaining to the child who is the subject of this litigation is. as follows: Name . Date of Birth Currently in the Custody of April M. Bryner 1/17/03 Primary custody of Mother 2. A Conciliation Conference was held on May 16, 2007 with the following individuals in attendance: The Father, Robert Bryner, Sr., with his counsel, Harold Irwin, Esquire The Mother, Betsy. Coy, with her counsel, Leslie Tomeo, Esquire. 3. The Honorable .J Wesley Oler, Jr. entered Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005. 4. Mother filed a. Contempt Petition, alleging, inter alia, that Father took Child with Fattier during fire calls, Father failed to provide contact information to Mother on several instances and that Father allegedly consumed alcohol prior to his physical custodial period. Mother was willing to withdraw her Contempt Petition in exchange for the modifications to the prior Orders. 5. The parties agreed to the entry of an Order in the form as attached. Date: --------- Jo J. gan, Esq . C ody Conciliator v ROBERT L. BRYNER. SR Plaintiff V. BETSY S COY Defendant :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO 2003 -1272 CIVIL TERM IN CUSTODY MUTUALLY AGREEMENT 1. Petitioner is Betsy S Coy, who resides at 1830 Pine Road Newville, Cumberland County, Pennslylvania 17241 2. Respondent is Robert L Bryner, whose last known address was 12 Cooper Circle, Carlisle, Cumberland County, Pennsylvania 17015. 3. On July 9 2007, the Hoonorable Judge Oler entered the most reent Custody Order, attached as Exhibit "A". 4. Since the entry of said Order, both parties agree to the slight change in circumstances in that: a. The child April M. Bryner will be starting Kindergarden at Oak Flat Elementary School in the Fall of 2008 as a full time student. b. The respondent will pikrher up at school at 3:42 P.M. on Tuesdays, Wednesdays, and Everyother Friday. c. Petitioner will pick up the child at the Carlisle State PQ*e Barraks at 8:00 P.M. on Tusedays and Wednesdays. d. Per Court Order hours will stay the same for pick- up Everother Friday 6:00 P.M. to Sunday at 8:00 P.M. e. Everyother Saturday at 12 Noon. 5. In case of no School and Summer 'the Court Order will stay the same as it is directed in Exhibit "A". WHEREFORE, petioner prays this Court to grant the mutually agreement of the court order. Date: "' " /J` JiO,k Respectfully submitted, Betsy S Coy Robert L Bryner Sr I-f 00 'T J9A 00't 19A w JUN 9 20,11. 14 VC b ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 9 e day of 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 are hereby vacated. 2. A. The Father, Robert L. Bryner, Sr. and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her 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 frill 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. B. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. C. The parties shall cooperate with family counseling if available through fathers health insurance. D. Each party shall keep the other advised of his or her current telephone number 3. :Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m. B. Alternating weekends from Friday at 3:30 p.m. to Saturday at 12:00 noon. C. Fvery Tuesday and Wednesday from 3:30 p.m. to 8:00 p.m. 5. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania, except for the 3:30 p.m. Friday exchange which shall occur at Keck's store on Pine Road. The parties shall wait fifteen minutes beyond the scheduled drop off and pick ttp time for the other party to arrive. Only the mother and father are permitted to exit their vehicles at a custody exchange. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall run from Christmas Dav at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day form 8:00 a.m. to 6:00 p.m. 8. 'Neither party may relocate the child outside of the jurisdiction without prior order of court. 'Neither party shall take the child outside of the immediate area v,ithout pro, iding the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 9. 'Neither party, may respond to fire calls which the child is in his or her custody. 10. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 11. The parties understand that the Pennsylvania State Police have the authority to enforce this Order in its discretion. C. The parties shall cooperate with family counseling if available through father's health insurance. D. Each party shall keep the other advised of his or her current telephone number 3. Mother shall have primary physical custody of the child. 1. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday, at 6:00 p.m. to Sunday at 8:00 p.m. B. .alternating weekends from Friday, at 3:30 p.m. to Saturday at 12:00 noon. C. Every Tuesday and Wednesday from 3:30 p.m. to 8:00 p.m. 5. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania, except for the 3:30 p.m. Friday exchange which shall occur at Keck's store on Pine Road. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. Only the mother and father are permitted to exit their vehicles at a custody exchange. 6. Christmas shall be divided into ovo Blocks. Block A shall run from 12:00 noon on Christmas Eye to 12:00 noon on Christmas Day. Block B shall run from Christmas Day at 12:00 noon to December 26 at 1100 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. Mother shall have custody of the child on Mother's Day, from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day form 8:00 a.m. to 6:00 p.m. 8. Neither party, may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area v, ithout p,-o,.; :ling t?,_ non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 9. Neither party may respond to fire calls which the child is in his or her custody. t0. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. [L The parties understand that the Pennsylvania State Police have the authority to enforce this Order in its discretion. . es at a ustov I?, This Order is entered pursuant to an agreement of nstof his Order bC mutual es may Conciliation Conference. he paltconsent, hater s of his Order shall control. consent. In the absence BY THE COURT. 14,1 J. J, 4e's4ey Oler, J ., cc: Leslie A. Tom °•IIIs Esquire?Cor nselrfor Mother Father Harold S. Ire k I a;iW W L 'IV A j-1 44 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :2003-1272 CIVIL ACTION - LAND' BETSY S. COY, Defendant : IN CUSTODY PRIOR JUDGE: J.',N"esley Oler, Jr., J. CUSTODY CONCILIATION SU IYIARY 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; NA),' IE DATE OF BIRTH CURRENTLY IN CUSTODY OF April M. Bryner January 17, 2003 'Mother 2. A Conciliation Conference ?kas held in this matter on June 28. 2007, with the following individuals in attendance: Mother, Betsy S. Coy, with her counsel, Leslie A. Tomeo, Esquire and the Father, Robert L. Bryner. Sr., kith his counsel. Harold S. Ir?kin, III, Esquire. ;. The Honorable J. ?k'esleti Oler, Jr. previously entered Orders of Court dated June 13. 2005. January 12, 2005 and August 5, 2004 granting shared legal custod% Mother primary ph,. sical Custody, and Father periods of partial ph} s?cal custod,' on alternating weekends from Friday to Sunday, ekerg Saturday m'ernijht and eyCry Tuesday eN erring. along ?? ith a holiday schedule. 4. The parties agreed to the entry of an Order in the form as attached. ---- - ------ - Date Jacqueline M, Verne}, Esquire Custody Conciliator <y ; co per'- I ._P ? ? y ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1272 CIVIL TERM ORDER OF COURT AND NOW, this 29`h day of April, 2008, upon consideration of the attached agreement entered into by the parties, the terms of the agreement are hereby entered as an order of court. ? Robert L. Bryner 12 Cooper Circle Carlisle, PA 17015 Plaintiff, pro Se ?Betsy Coy 1830 Pine Road Newville, PA 17241 Defendant, pro Se :rc 00Fy mslu BY THE COURT, 1 ° t L esley Ole Jr., J. t ,?t? ?`_ rvW? i . ?, ?? c? 6Z ???? ?1?1? I ROBERT L. BRYNER, SR :IN THE COURT OF COMMON PLEAS OF= Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW 03 -= -t BETSY S. COY :NO. 2003-1272 CIVIL TERM M C M-11 Defendant : IN CUSTODY ,-ter it n C) -- _ -? c:) Pte) _ PETITION TO MODIFY CUSTODY 1. Petioner Betsy S Coy, who resides at 1830 Pine Road, Newwville, Cumberland County, Pensylvania 17241. 2. Respondent is Robert L Bryner, Sr, whose last knowed address was 11 Cooper Circle Carlisle, Cumberland County, Pennsylvania 17013 3. On June 13, 2007, the Hornorable Judge Oier entered the most recent Custody order attached as Exhibit "A" 4. On June 13, 20015 and June 12, 2005 the Honorable Judge Oler had entered Custody Orders, which are attached as Exhibit :B: and Exhibit :C:. 5. Since the entry of said Order, there has been a significant change in circumstances in that: A. Respondent has moved out of the immediate area of 50 mile jurisdiction without notifing the courts Has not told petitioner where he moved to. & took on another job B. Respondent has not had any physcal contact with minor child since June 18, 2011 and has harassed her into moving in with him at his current location. ?r?4 *Ip,cb'Rd C7,1 sh fz0-a( I(goa RECEIVED JUN 0 3 2005 ROBERT L. BRYNE11, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of , 2005, upon consideration of the attached Custody Conc cation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004 and January 12, 2005 shall remain in full force and effect with the following modifications. 2. Instead of Father having physical custody of the child on Wednesdays from 3:30 p.m. to 8:00 p.m., he shall have physical custody of the child on Tuesdays from 3:30 p.m. to 8:00 p.m. 3. Within ninety days of this Order, the parties shall schedule and cooperate with a Phase I custody evaluation to be conducted by Georgi Anderson to include psychological evaluations of the parents. Both parties shall sign releases so that the evaluator may share information and reports with both counsel for the parties. The parties shall share equally in the evaluations. 4. Both parties shall sign releases with Cumberland County Children & Youth Services for all records pertaining to the child to be released to the conciliator and counsel for the parties. 5. Mother shall provide a copy of the child's speech evaluation to Father within 10 days of this Order. 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. Once the Custody Evaluation and Psychological Evaluations are completed, either party may contact the Conciliator for another conciliation Conference. cc: Kara W. Haggerty, Esquire, Counsel for Father Jeanne B. Costopoulos, Esquire, Counsel for Mother ropy ?1?TeTstRimoEy and sea! of sad '' n...J•.... o) V F?()M RECORD ! h.;-re into set my haad art" Carlisle, Pa. ; .,. wesiey vier, Jr., J. JUN 2 9 2007 A4 ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of _ T v , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 are hereby vacated. 2. A. The Father, Robert L. Bryner, Sr. and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her 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. B. All routine pre-scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. C. The parties shall cooperate with family counseling if available through father's health insurance. D. Each party shall keep the other advised of his or her current telephone number 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m. B. Alternating weekends from Friday at 3:30 p.m. to Saturday at 12:00 noon. C. Every Tuesday and Wednesday from 3:30 p.m. to 8:00 p.m. 5. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania, except for the 3:30 p.m. Friday exchange which shall occur at Keck's store on Pine Road. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. Only the mother and father are permitted. to exit their vehicles at a custody exchange. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. Mother shall have custody of the child on Mother's Day from 8:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day form 8:00 a.m. to 6:00 p.m. 8. Neither party may relocate the child outside of the jurisdiction without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50-mile radius of each parent's home. 9. Neither party may respond to fire calls which the child is in his or her custody. 10. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 11. The parties understand that the Pennsylvania State Police have the authority to enforce this Order in its discretion. 1 2. 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. cc: Leslie A. Tomeo, Esquire, Counsel for Mother Harold S. Irwin, III, Esquire, Counsel for Father 7- II-b 7 BY THE COURT, ROBERT L. BRYNER, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA = -? -r? V. 3 ... - t 2003-1272 CIVIL ACTION LAW ?? m c -n -O BETSY S. COY ca ? IN CUSTODY r -?? DEFENDANT Cd -0 _ 2C-) r-; ORDER OF COURT AND NOW, Tuesday, July 12, 2011 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 Friday, August 05, 2011 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. 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 Es q. 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. vapd . cqv y 1wa/e0/ ?Cp 0'"g9//#06/ _/_V v?ro,? ,hai %Pc? ? Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 7' Telephone (717) 249-3166 ve/n ort C 7//.s/"`/ A/C ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN IA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant IN CUSTODY rrn-- ? ?s c. v r, cn r- -- =? ?f -? o ?;.. ?-c? ORDER OF COURT TIM -; -- C: AND NOW, this S day of 2007 u on consideration of the attached Cust ody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 9, 2007 shall remain in full force and effect with the following modification. 2. Father shall provide Mother with 3 weeks prior notice of exercising his custodial rights. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc Betsy S. Coy, pro se 1830 Pine Road Newville, PA 17241 Robert L. Bryner, Sr., pro se 11 Cooper Circle Carlisle, PA 17013 00 BY THE COURT, ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :2003-1272 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME April M. Bryner DATE OF BIRTH January 17, 2003 CURRENTLY IN CUSTODY OF Mother 2. A Conciliation Conference was held in this matter on August 5, 2011, with the following individuals in attendance: Mother, Betsy S. Coy, pro se. Mother is aware that Father has moved, however Father has not notified her of his new address. Mother indicated that she mailed a copy of the notice of conference via regular mail to Father's last known address. The notice was not returned to her. Father did not appear for the conference. 3. The Honorable J. Wesley Oler, Jr. previously entered an Order of Court dated July 9, 2007 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody on every weekend from Friday to Sunday. 4. Mother requested an Order in the form as attached. ?S!<< U Date acq line M. Verney, Esquire Custody Conciliator R.e5 1re_v°t _Z 3r1/4e n-L '1.. In the Court of Common Pleas of Cumberland County, Pennsylvania .7 v ra-A vur 14.•-1 No. lo1)3 — raffia. Civil Term vs -e_rze s 0..e-e-.PA.d v.?' PRAECIPE 6_--tcl S i,r..et- t`i3 7D P4 vt.e h(.7/162- ry-e-w"l ce. (7ac e k' 3--,2rsy S k-c'-°r Le 41,,,,,:t„.„ 7'�� �v�.r7S iCvw,ri mac. t ft, BgSV P.)."-e R-(-)m- K0 6 eg,zri /i L, C f . k-i;f 6'ers 6 r�3 ro J O' 4 w.Tk.,&J 11,� S .Le rcC ,u �S �"14 rej IY✓ R 1 - GC9ts/� c>t' 1 (6.zny y C) r.a Cii r - <-CD Ya. 3 C7---^: David D. Buell, Prothonotary y $ 20 ( R Attorney Info: 6-trcr s 4 r Attorney for plaintiff Co 4. rF rnv ark;ye-, ptJrp pens L VS 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. BRYNER, SR. Plaintiff v. BETSY S. COY, Defendant : CIVIL ACTION - LAW : No. 2003-1272 - CUSTODY PETITION TO MODIFY CUSTODY 1. The plaintiff is Robert L. Bryner, Sr., residing at 578 West Louther Street, Carlisle, Pennsylvania 17013. 2. The defendant is Betsy S. Coy, who resides at 6 Buffalo Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff seeks to modify the Order regarding custody of the following child: Name Present Residence DOB Age April Marie Bryner 6 Buffalo Drive 1/17/03 11 years Shippensburg, PA The child was born out of wedlock 4. The child is presently in the custody of Betsy S. Coy at the addressed referenced in 113, supra. 5. On August 5, 20111, the Honorable J. Wesley Oler entered an Order following Conciliation in this matter. Attached as Exhibit "A". 7. Since the entry of said Order, there has been a significant change in circumstances in that: 1 Said Order is misdated for 2007, however the Prothonotary stamp clearly indicates a 2011 filing. / 11-/,.& 2 Pursuant to Cumberland County Local Rule 208.3(a)(2). ' '8 3 .t2 O �f d /2#3naVi (a) Father has moved to Cumberland County from Fayette County and is now able to exercise custody on a consistent basis. (b) Mother has failed to provide Father a working phone number so that he can have reasonable telephone contact with the child. (c) Upon information and belief, Father believes Mother may relocate to the State of Florida with the child. 8. The best interest of the child will be served by the Court in modifying said Order to vest sole physical custody with Father and limiting Mother's custodial periods to those exercised only so much as the parties can agree. 9. Pursuant to Cumberland County Local Rule 208.3(a) (9), Betsy S. Coy, pro se, was provided correspondence by first class mail on August 29, 2014. She has contacted the undersigned and does not concur with the relief sought herein. WHEREFORE, Petitioner prays this Court to grant the modification of the custody Order at the above docket with periods of partial custody in Father and primary custody with Mother as the parties can agree. Date: /(/ Respectfully submitted, PALERMO LAW OFFICES Michael 0. Palermo„ Esquire 3300 Trindle Road Camp Hill, PA 17011 (717) 635-9591 Supreme Court ID # 93334 Attorney for Plaintiff/Petitioner JUN $92007 ROBERT L. BRYNER, SR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this tt day of T v (' , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated August 5, 2004, January 12, 2005 and June 13, 2005 are hereby vacated. 2. A. The Father, Robert L. Bryner, Sr. and the Mother, Betsy S. Coy, shall have shared legal custody of April M. Bryner, born January 17, 2003. 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 her 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, . chool 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. B. All routine pre -scheduled doctor's visits shall be scheduled after 3:00 p.m. and the party who schedules that appointment shall notify the other a minimum of one week in advance of the scheduled appointment. C. The parties shall cooperate with family counseling if available through father's health insurance. D. Each party shall keep the other advised of his or her current telephone number 3. Mother shall have primary physical custody of the child. 4. Father shall have the following periods of partial physical custody: A. Alternating weekends from Friday at 6:00 p.m. to Sunday at 8:00 p.m. B. Alternating weekends from Friday at 3:30 p.m. to Saturday at 12:00 noon. C. Every Tuesday and Wednesday from 3:30 p.m. to 8:00 p.m. 5. Custody transfers shall occur at the Pennsylvania State Police Barracks in Carlisle, Pennsylvania, except for the 3:30 p.m. Friday exchange which shall occur at Keck's store on Pine Road. The parties shall wait fifteen minutes beyond the scheduled drop off and pick up time for the other party to arrive. Only the mother and father are permitted to exit their vehicles at a custody exchange. 6. Christmas shall be divided into two Blocks. Block A shall run from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall run from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. Mother shall have custody of the child on Mother's Day from i:00 a.m. to 6:00 p.m. Father shall have custody of the child on Father's Day form 8:00 a.m. to 6:00 p.m. 8. Neither party may relocate the child outside of the jurisdictior.. without prior order of court. Neither party shall take the child outside of the immediate area without providing the non-custodial parent with a telephone number and a location where the child will be. "Immediate area" shall be defined as a 50 -mile radius of each parent's home. 9. Neither party may respond to fire calls which the child is in his or her custody. 10. Neither party may smoke or drink alcohol immediately before or while the child is in his or her custody. 11. The parties understand that the Pennsylvania State Police have the authority to enforce this Order in its discretion. 12. 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. BY THE COURT, cc: Leslie A. Tomeo, Esquire, Counsel for Mother Harold S. Irwin, III, Esquire, Counsel for Father 44 AK-aA.l.4t 7- 11-67 ROBERT L. BRYNER, SR. PLAINTIFF V. BETSY S. COY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA .C) a x7) rc— zr" IN CUSTODY <c) 0 >� --a • 2003-1272 CIVIL ACTION LAW ORDER OF COURT AND NOW, Tuesday, July 12, 2011 , 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 Friday, August 05, 2011 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 accompli•:hed, 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: Is! Jacqueline M. Verney, Esq. y 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 G • folij rear la 74 me& Q ,,,p./W eim ,18, %P C' 7te vein 7/i3/" ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-1272 CIVIL ACTION - LAW BETSY S. COY, Defendant : IN CUSTODY ORDER OF COURT C") .Z=1 -a= AND NOW, this Sit day of - , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated July 9, 2007 shall remain in full force and effect with the following modification. 2. Father shall provide Mother with 3 weeks prior notice of exercising his custodial rights. 3. ,This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: Betsy S. Coy, pro se 1830 Pine Road Newville, PA 17241 Robert L. Bryner, Sr., pro se 11 Cooper Circle Carlisle, PA 17013 BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. BRYNER, SR., Plaintiff V. BETSY S. COY, Defendant CIVIL ACTION - LAW : IN CUSTODY NO: 1272-2003 VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: S obert Bryner r., Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. BRYNER, SR., : CIVIL ACTION - LAW Plaintiff BETSY S. COY, v. : NO: 2003-1272- CUSTODY Defendant CERTIFICATE OF SERVICE I, Michael 0. Palermo, Jr., Counsel for Plaintiff, hereby certify that I served a copy of this Petition to Modify on September 18, 2014 upon the following by First Class Mail, postage pre -paid, addressed as follows: Betsy S. Coy, Pro Se 6 Buffalo Drive Shippensburg, PA 17257 So CERTIFIED, Michael 0. Palermo, Jr., PgtilIFF el- L. 6rek IN THE COURT OF COMMON PLEAS Cumberland County PENNSYLVANIA VS, SeFsv s. c DEFENDANT bV4 L. PRINT NAME to penalties of law including 18 Pa.C.S. § 4904 relating to unswom falsification to authorities that: NO.atos 1272 ti CRIMINAL RECORD I ABUSE HISTORY VERIFICATION tiace , hereby swear or affirm, subject 1. Unless indicated by my checking the "YESbox next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pied no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Answer Yes or No YES NO Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. Ch. 25 0 (relating to criminal homicide) O [3-718 Pa.C.S. §2702 (relating to 0 0 aggravated assault) O 0 elating to terroristic threats) 7 n L., 18 Pa.C.S. §2706 6-14 .C.S. §2709.1 :ating to stalking) O 0 18 Pa.C.S. §2901 0 0 (relating to kidnapping) c.= Jj r -n C) Answer Yes or No YES NO Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 51, 18 Pa.C.S. §2902 0 0 (relating to unlawful restraint) 0 EV 18 Pa.C.S. §2903 0 0 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. §3121 0 0 (relating to rape) 0 0 IV- 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) 0 18 Pa.C.S. §3124.1 (relating to sexual assault) 18 Pa.C.S. §3125 0 0 (relating to aggravated ' decent assault) 18 Pa.C.S. §3126 0 0 (relating -to indecent assault) 6-14 Answer Yes or No YES NO r Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges Lu LJ 18 Pa.C.S. §3127 (relating to 0 indecent exposure) 2 18 Pa.C.S. §3129 0 (relating to sexual intercourse with animal) 18 Pa.C.S. §3130 (relating to conduct relating to sex offenders) 0 Q//' 18 Pa.C.S. §3301 (relating to arson and related vv,ffo enses) 0 6-14 18 Pa.C.S. §4302 'relating to incest) 18 Pa.C.S. §4303 (relating to_concealing death of child) 18 Pa.C.S. §4304 (rel)iito endangering yfare of children) 1 /Pa.C.S. §4305 /3 relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 0 0 0 Answer ¥es or No YES NO 18 Pa.C.S. §5903(c)ork8 (reating to obscene and other sexual materials and performances) F� I:]~^' 18Pa.C.S. §6301 (relating to corruption of minors) (relating to sexul abuse of children) ��� 18PaC.8.G6318 (relating to unlawful contact vK�hminor) 18 Pa §6320 ating to sexual exploitation of children) 23PaC.S. § 6114 to contempt for vkoladon'ofproteodon order or a°'ement) / �� ofrugs or alcohol Self Other Date mfconVicbom, Sentence household gwi|h/p|am.no member contest plea or pending charges 0 [� `� 00 ���� �onufacture. sale, de|ivery, ho|ding, offering for sale or possession of any controlled substance or other drug or device 6-14 2. , Unless indicated by my checking the "YES" box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct , or involvement with a Children & Youth agency including the following: Answer Yes or No A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction ❑ ��� Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another j i diction ❑ [� Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Self Other Date household member Where: ❑ Other: ❑ p 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 6-14 ~ 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: I verify that the statements made in the Criminal Record/Abuse History Verification are true and correct to the best of my knowledqe, information and belief.I understand that false statements herein are nnadasutjecttothwpena|Uesof18Po.C.8.44QD4n*|adingbounswornto}aifioaUonboauthohdeaondcmn Printed Name ROBERT L. BRYNER, SR PLAINTIFF V. BETSY S. COY DEFENDANT IN THE COURT OF COMMON PLEAS OF c CUMBERLAND COUNTY, PENNSYLVANI7V7i 2003-1272 CIVIL ACTION LAW rso Cet IN CUSTODY ORDER OF COURT r —4 AND NOW, Monday, September 22, 2014 , 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 Tuesday, October 14, 2014 10:30 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq. y) 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. apoei genota o paeono,r( 0 2:44 Ve(f)et I. Ext. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ROBERT L. BRYNER, SR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • • v. : NO. 2003 - 1272 CIVIL TERM - LAW BETSY S. KINER Defendant : IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Paul D. Edger, Esquire and MidPenn Legal Services as Attorney for the Defendant Betsy S. Kiner in the above -captioned matter. Respectfully Submitted, 10 Date: °I / 1 enn Lega ervices Paul D. Edge , squire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant ROBERT L. BRYNER, SR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003 - 1272 CIVIL TERM - LAW BETSY S. KINER Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Paul D. Edger, Esquire, Attorney for the Defendant, state that I did mail a copy of the foregoing document upon the following individual(s) and in the manner indicated below: USPS First Class Mail Date: /47.,„1Li Michael Palermo, Esquire 3300 Trindle Road Camp Hill, PA 17011 ROBERT L. BRYNER, SR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. BETSY S. KINER : NO. 2003 - 1272 CIVIL TERM - LAW • • • Defendant : IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPER'S To the Prothonotary: Kindly allow Betsy S. Kinger, Defendant in the above -captioned matter, to proceed in forma pauperis. I, Paul D. Edger, Esquire of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Date: /C R/iy Respectfully Submitted, i Penn Services Paul D. dger, Esquire Supreme Court I.D. 312713 401 E. Louther St., Suite 103 Carlisle, PA 17013 Attorney for Defendant ROBERT L. BRYNER, SR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. BETSY S. KINER • • : NO. 2003 - 1272 CIVIL TERM - LAW Defendant : IN CUSTODY CRIMINAL RECORD / ABUSE HISTORY VERIFICATION I, Betsy S. Kiner, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. § 6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check all that apply Crime Self Other Date of conviction, Sentence household guilty plea, no member contest plea or pending charges 18 Pa.C.S. Ch. 25 ❑ ❑ (relating to criminal homicide) ❑ 18 Pa.C.S. § 2702 ❑ ❑ (relating to aggravated assault) ❑ 18 Pa.C.S. § 2706 ❑ ❑ (relating to terroristic `:. • -_1 threats) --p Z r • --s mar - z -n z c-) ► ❑ 18 Pa.C.S. § 2709.1 0 CI cr _� o , (relating to stalking) > - C) T Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges 18 Pa.C.S. § 2901 El El (relating to kidnapping) 18 Pa.C.S. § 2902 CI (relating to unlawful restraint) El 18 Pa.C.S. § 2903 (relating to false imprisonment) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure) 18 Pa.C.S. § 3121 (relating to rape) 18 Pa.C.S. § 3122.1 El (relating to statutory sexual assault) El El 18 Pa.C.S. § 3123 0 El (relating to involuntary deviate sexual intercourse) CI 18 Pa.C.S. § 3124.1 (relating to sexual assault) El Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges LI 18 Pa.C.S. 3125 0 (relating to aggravated indecent assault) LI 18 Pa.C.S. § 3126 0 0 (relating to indecent assault) LI 18 Pa.C.S. § 3127 0 0 (relating to indecent exposure) El 18 Pa.C.S. § 3129 0 0 (relating to sexual intercourse with animal) 18 Pa.C.S. § 3130 (relating to conduct relating to sex offenders) LI 18 Pa.C.S. 3301 0 0 (relating to arson and related offenses) LI 18 Pa.C.S. 4302 0 0 (relating to incest) LI 18 Pa.C.S. § 4303 ID 0 (relating to concealing death of child) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges 0 18 Pa.C.S. § 4304 El El (relating to endangering welfare of children) CI 18 Pa.C.S. 4305 (relating to dealing in infant children) 18 Pa.C.S. § 5902(b) El (relating to prostitution and related offenses) CI 0 18 Pa.C.S. §5903(b)/(d) El El (relating to obscene and other sexual materials and performances) 0 18 Pa.C.S. § 6301 El El] (relating to corruption of minors) 18 Pa.C.S. § 6312 (relating to sexual abuse of children) El 18 Pa.C.S. § 6318 CI 0 (relating to unlawful contact with minor) 18 Pa.C.S. § 6320 CI CI (relating to sexual exploitation of children) Check Crime Self Other Date of conviction, Sentence all that household guilty plea, no apply member contest plea or pending charges CI 23 Pa.C.S. § 6114 LI GI (relating to contempt for violation of protection order or agreement) El Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding., offering for sale or possession of any controlled substance or other drug or device El El 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct, or involvement with a Children & Youth agency, including the following: Check Self Other all that household apply member El A finding of abuse by a Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction El Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction El Involvement with a Children & Youth Agency or similar agency in Pennsylvania or another jurisdiction. Where? cA-wvIT'''''''"6' Date El 0 Check Self Other Date all that household apply member ❑ Other: ❑ ❑ 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child: 5. If you are aware that the other party or member of the other party's household has or have a criminal/abuse history, please explain: w'`1' 4'�'"'42.‘ P,t+rv/3' I verify that the information above is true and correct to the best of my knowledge, information or belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Name ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • V. : NO. 2003-1272 CIVIL TERM c c -z3 -r'I rri C13 • rri -- BETSY S. COY, :CIVIL ACTION - LAW r11- rn Defendants r'"' cep u <c) 3::* Q -r, 7>c- = 2"— I-) C — -y N : IN CUSTODY ORDER OF COURT AND NOW, this o? ' day of °C/ , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated July 9, 2007 and August 5, 2011 shall remain in full force and effect, except that Father's periods of physical custody in the Order of Court dated July 9, 2007 are hereby temporarily suspended. 2. The prior Orders of Court dated July 9, 2007 and August 5, 2011 are hereby modified as follows: 3. The parties shall sign appropriate releases so that the child's therapist can provide a letter to counsel regarding the child's wishes for contact with Father. 4. Father and the child's half sister are permitted reasonable telephone contact with the child. 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 conciliation conference is scheduled for Tuesday, November 25, 2014 at 8:30 a.m. BY THE COURT J. Wesley Oler, Jr., J. `'v d eop1e14 Paul Edger, Esquire, MidPenn Legal Services, Counsel for Mother (419i led j1 o , cc: Michael O. Palermo, Jr., Esquire, Counsel for Father ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-1272 CIVIL TERM BETSY S. COY, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: J. Wesley Oler, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on October 21, 2014, with the following individuals in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Michael O. Palermo, Jr., Esquire and Mother, Betsy S. Coy, with her counsel, Paul Edger, Esquire, MidPenn Legal Services. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated August 5, 2011 and July 9, 2007 granting shared legal custody, Mother primary physical custody, and Father periods of partial physical custody. 4. Thereafter Father relocated to the western part of the state and did not exercise his periods of partial physical custody. Father has now returned to the area and is seeking to renew his periods of partial physical custody. 5. The parties agreed to the entry of an Order in the form as attached. Date acr:Eeline M. Verney, Esquire Custody Conciliator ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW BETSY S. COY, : NO. 03-1272 CIVIL Defendant ORDER AND NOW, this 4` day of December, 2014, the above -captioned case is assigned to the Honorable J. Wesley Oler, Jr., Senior Judge. BY THE COURT, The Honorable J. Wesley Oler, Jr. Court Administrator .__,7?6 ; /4SPit :rlm C) rrl C, ROBERT L. BRYNER, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-1272 CIVIL TERM c) BETSY S. (COY) KINER, : CIVIL ACTION - LAW -0 a Defendant : IN CUSTODY cn CD ORDER OF COURT > AND NOW, this rj 1{, dayof �� C . , 2014, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: CD 1. A pretrial conference with the assigned Judge is hereby scheduled in the above case on the !9 '` day of becp,mbes , 201'1 at 9.3o a.m. in r C-ha�,+►b ens of the Cumberland County Courthouse. The parties are directed to proceed with filing a pretrial statement with the Court and the other party consistent with the Pennsylvania Rule of Civil Procedure 1915.4-4. 2. A Hearing is scheded in Court Room No. y , of the Cumberland County Court House, on the api day of JQm4Aaft , 2015 , at Ck: 30 , o'clock, i . M., at which time testimony will be taken. For purposes of this Hearing, Father shall be deemed to be the moving party and shall proceed initially with testimony. 3. The prior Orders of Court dated July 9, 2007. August 5, 2011 and October 24, 2014 shall remain in full force and effect as modified hereinafter. 4. Father shall have no contact with the child except in a therapeutic setting as recommended by the child's therapist. 5. The child's half sister, Jenny, shall have telephone contact with the child every Wednesday at 6:00 p.m. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. r BY THE COURT, cc: l Ychael O. Palermo, Esquire, Counsel for Father Paul Edger, Esquire, Counsel for Mother Copt 'es 1 a .) iz Q/i y ROBERT L. BRYNER, SR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2003-1272 CIVIL TERM BETSY S. (COY) KINER, : CIVIL ACTION - LAW Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, 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: 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 April M. Bryner January 17, 2003 Mother 2. A Conciliation Conference was held in this matter on November 25, 2014, with the following in attendance: The Father, Robert L. Bryner, Sr., with his counsel, Michael 0. Palermo, Jr., Esquire, and the Mother, Betsy S. (Coy) Kiner, with her counsel, Paul Edger, Esquire, MidPenn Legal Services. 3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court dated July 9, 2007 and August 5, 2011. The Honorable Edward E. Guido entered an Order of Court providing for shared legal custody, Mother having primary physical custody and Father having telephone contact. 4. Father's position on custody is as follows: Father seeks shared legal custody and partial physical custody with a phase-in schedule ultimately amounting to alternating weekends. Father maintains that Mother has alienated the child against him. 5. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having contact as recommended by the child's therapist. Mother asserts that the child does not want contact with Father. 6. The Conciliator recommends an Order in the form as attached scheduling a Hearing, and changing Father's contact as recommended by the child's therapist. It is expected that the Hearing will require one day. § 5329.1 FORM: Consideration of Child Abuse and Involvement with Protective Services FOR JUDICIAL USE ONLY Hearing Date: Docket: 2003-1272 Party Names & Addresses: Robert L. Bryner, Sr. Was the child the subject of an indicated or founded report of child abuse? ■ Yes ■ No 578 West Louther Street Has a party or a member of the party's household been identified as the perpetrator in an indicated or founded Carlisle, PA 17013 Note: Mother's Name: Betsy S. (Coy) Kiner 6 Buffalo Drive Shippensburg, PA 17257 Is any party to this proceeding a grandparent? • Yes x■ No Chapter 63. Child(ren)'s Name: April M. Bryner D/O/B: 1/17/03 What are the circumstances surrounding the provision of services? Note: D/O/B: What is the date the services were provided? JJ D/O/B: (Add additional children here) Any and all Household Members: Barbara Ann Bryner D/O/B: 2/7/61 Jennifer L. Bryner Crystal Finkey D/O/B: 3/15/05 5/15/81 ■ AGENCY: Check here if no information on this family is on file within CYS records. • AGENCY: Check here if any children involved in the Custody Action are Dependent. FOR CPS CASES: Factors to consider with respect to child abuse under Chapter 63 (relating to child protective services) or a child who is a victim of a crime under 18 Pa.C.S. (relating to crimes and offenses) which would constitute abuse under Chapter 63. Was the child the subject of an indicated or founded report of child abuse? ■ Yes ■ No Note: Has a party or a member of the party's household been identified as the perpetrator in an indicated or founded report of child abuse? ■ Yes • No Note: What is the date and circumstances of the child abuse? /_/ Note: What is jurisdiction where the child abuse investigation took place? FOR GPS CASES: Factors to consider with respect to child protective services or general protective services under Chapter 63. Has a party or a member of a party's household been provided services? ■ Yes • No Note: What type of services was provided? Note: What are the circumstances surrounding the provision of services? Note: What is the status of the services provided? Note: What is the date the services were provided? JJ Note: What is the jurisdiction where the services were provided? Additional Information: 5/9/14 Version