HomeMy WebLinkAbout08-1146AUDRA L. COYLE
Plaintiff
V.
MICHAEL L. COYLE
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
COMPLAINT FOR CUSTODY OR PARTIAL CUSTODY
AND NOW comes Audra L. Coyle, natural mother of the subject children, by her
attorney, Dirk E. Berry, Esquire, and respectfully avers as follows:
1. The plaintiff is Audra L. Coyle, residing at 426 Dogwood Court, Carlisle,
Cumberland County, Pennsylvania 17013.
2. The defendant is Michael L. Coyle, residing at 703 Sandbank Road, Mt. Holly
Springs, Cumberland County, Pennsylvania 17065.
3. Plaintiff seeks primary physical custody of the following children:
Name Present Residence Date of Birth
Dylan Coyle 426 Dogwood Court 2/11/97
Carlisle, PA 17013
Torey Coyle 426 Dogwood Court 12/14/00
Carlisle, PA 17013
Erik Coyle 426 Dogwood Court 4/20/04
Carlisle, PA 17013
a) The children were born in wedlock.
b) The children are presently in the custody of Plaintiff, Audra L. Coyle who resides
at 426 Dogwood Court, Carlisle, Cumberland County, PA 17013.
c) During the past ten years, the children have resided with the following persons and
at the following addresses:
Name
Audra and Mike Coyle
Audra and Mike Coyle
Audra Coyle
Address Dates
23 Chestnut Street February 1997
Mt. Holly Springs, PA 17065 to June 2000
391 Crossroad School Rd. June 2000
Newville, PA 17241 to Sept. 2006
426 Dogwood Court September 2006
Carlisle, PA 17013 to Present
d) The mother of the children is Audra L. Coyle, currently residing at 426 Dogwood
Court, Carlisle, PA 17013.
e) She is married.
f) The father of the children is Michael L.Coyle, currently residing at 703 Sandbank
Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065.
g) He is married.
4. The relationship of plaintiff to the child is that of natural mother.
The plaintiff currently resides with the following persons:
Name Relationship
Dylan, Torey, & Erik Coyle Subject Children
5. The relationship of defendant to the child is that of natural father.
The defendant currently resides with the following persons:
Name
Relationship
None
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
a) Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
b) Plaintiff does not know of any 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.
7. The best interest and permanent welfare of the chilren will be served by granting
the relief requested.
8. Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action. All
other persons, named below, who are known to have or claim a right to custody or visitation
of the child will be given notice of the pendency of this action and the right to intervene:
Name Address Basis of Claim
None known at present
WHEREFORE, Plaintiff, Audra L. Coyle, respectfully requests this Honorable Court
grant primary physical custody of the children, Dylan Coyle, Torey Coyle, and Erik Coyle.
Respectfully submitted,
LAW OFFICE OF DIRK BERRY, ESQ.
Dirk E. Berry, Esquire
Attorney for Plaintiff
44 S. Hanover St.
Carlisle, PA 17013
(717) 243-4448
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. C.S. § 4904 relating to
unworn falsification to authorities.
a A a?
Date Audra L. Coyle
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AUDRA L. COYLE : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - /NIv, CIVIL TERM
MICHAEL L. COYLE : CIVIL ACTION - LAW
Defendant : IN CUSTODY
CERTIFICATE OF SERVICE
I, Dirk E. Berry, Esquire, do hereby certify that on this day Mother's Complaint
for Custody was served by First Class Mail, postage pre-paid, upon the following person:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: 2-2 Z - oY
Dirk E. Berry, Esquire
Attorney for Defendant
44 S. Hanover St.
Carlisle, PA 17013
(717) 243-4448
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AUDRA L. COYLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. COYLE
DEFENDANT
2008-1146 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Thursday, February 28, 2008 , 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 Wednesday, March 26, 2008 at 1:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ john j. Mangan, r. 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
7 ,,j - 23
MAY 0 7 2008
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AUDRA L. COYLE
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. COYLE
Defendant
: No. 08-1146 Civil Term
: ACTION IN CUSTODY
COURT ORDER
AND NOW, this9?y of May 2008, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. This Order is entered pursuant to a Custody Conciliation Conference. A Custody
Hearing is hereby scheduled on the 3? in of , 2008 at
pm in Courtroom number n the Cumberland County Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken. The
points of contention to be addressed at the hearing shall be whether or not the
Tuesday and Thursday evenings with Father are advisable and whether Father and
Mother should alternate Christmas and Easter mornings every year. For purposes
of this hearing, the Mother shall be deemed to be the moving party and shall
proceed initially with 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 five days prior to the hearing date.
2. Legal Custody: The Father, Michael L. Coyle, and the Mother, Audra L. Coyle,
shall have shared legal custody of Dylan Coyle, born 2/11/1997, Torey Coyle,
born 12/14/2000 and Erik Coyle, born 4/20/2004. The parties shall have an equal
right to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the
other parent.
3. Physical Custody: Mother shall have primary physical custody of the Children
subject to Father's partial physical custody as follows:
a. Father shall have physical custody of the Children every other
weekend from Friday 5:00 pm until Sunday 8:00 pm; however,
during the week that Father works from 2:30 pm until 10:30 pm,
Father shall pick the Children up Friday at 10:30 pm at Mother's
residence. Father shall pick up the Children from the baby-sitter's
residence or Mother's residence on Friday and return the Children
to Mother's residence on Sunday. An appropriate third party may
also provide the transportation.
b. Father shall have physical custody of the Children every Tuesday
and Thursday from 5:00 pm until 8:00 pm. Father, or an
appropriate third party, shall pick the Children up at an agreed
upon location and return the Children to Mother's residence at 8:00
pm. It is understood that during the week that Father works his
2:30 pm to 10:30 pm shift, the Tuesday and Thursday custodial
periods shall not occur.
C. Father shall have additional periods of physical custody of the
Children when Father is off from work and Mother is working or
as mutually agreed to and the parties may alter/expand said times
and days as mutually necessary or proper.
4. Holidays: Absent mutual agreement otherwise, Father shall have physical
custody of the Children from 3:00 pm until 8:00 pm on Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day and New Year's. Mother shall always have
Mother's Day from 9:00 am until 6:00 pm and Father shall always have Father's
Day from 9:00 am until 6:00 pm absent agreement otherwise. The Christmas and
Easter holidays shall be addressed either by this Court or by the assigned
Conciliator.
5. The non-custodial parent shall have liberal telephone contact with the Children on
a reasonable basis. Messages or missed calls shall be returned by custodial parent
as promptly as possible.
6. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other party, or injure the opinion
of the Children as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party. To the extent
possible, both parties shall not allow third parties disparage the other parent in the
presence of the Children.
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. Each parent shall have two non-consecutive weeks of vacation with the Children
per summer. The Children's scheduled vacation Bible school and summer camp
shall take precedence over any requested vacation time. The requesting parent
shall give the other parent at least 60 days' advance notice of the requested time
i
and this vacation week shall supersede the regular physical custody schedule. In
the event the parties schedule conflicting vacations, the party first providing
written notice shall have the choice of vacation. Prior to departure, the parties
will provide each other with information regarding the intended vacation
destination and a telephone number at which they can be reached during their
vacation. The parties may expand/alter this vacation time by mutual agreement.
9. In the event the custodial parent should take the Children out of state, the
custodial parent shall notify the non-custodial parent within twenty-four hours of
departure of the intended destination and a telephone number at which they can be
reached.
10. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control. The parties may request to cancel
the scheduled custody hearing and contact the assigned Conciliator for a status
update conference as necessary or proper.
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Cc: Keith Brenneman, Esq.
Dirk Berry, Esq.
John J. Mangan, Esq.
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AUDRA L. COYLE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: No. 08-1146 Civil Term
MICHAEL L. COYLE
Defendant : ACTION IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(B), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Children who are the subject of
this litigation is as follows:
Name Date of Birth Currently in the Custody of
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held on May 7, 2008 with the following
individuals in attendance:
The Father, Michael L. Coyle, appeared by himself, but represented by Keith Brenneman, Esq.
The Mother, Audra L. Coyle, with her counsel, Dirk Berry, Esq.
3. Father's position on custody is as follows: Father requests the status quo
remain in place whereby he has every other weekend from Friday until
Sunday and every Tuesday and Thursday from 5:00 pm until 8:00 pm. Father
asserts that this situation has been going well and that the Children do have a
sense of stability with the current situation. Father's work schedule is such
that his work shift switches every week, but that this schedule is established
for the foreseeable future. In one week out of three, he has to work from 2:30
pm until 10:30 pm. During this week, Father agrees to not have his Tuesday
and Thursday evenings. Father requests that Christmas and Easter be
alternated every year so that the Children can wake up at his house. The
parties do agree to arrange all other holidays to their mutual satisfaction.
4. Mother's position is as follows: Mother agrees to Father's custodial time for
the every other weekend but requests that the Tuesday and Thursday evenings
be eliminated altogether. Mother asserts that the current situation is not stable
and creates confusion for the Children whereby the Children would see their
l
Father Tuesday and Thursday for two weeks, then not see their Father the
following week. Mother requests that Father spend some time with the
Children on Christmas Eve, but requests that the Children wake up Christmas
and Easter mornings at her house every year.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing before the Court. It is the Conciliator's belief that this would be in
the Children's best interest. It is expected that the Hearing will require half a
day.
6. The proposed recommended Order may contain a requirement that the parties
file a pre-trial memorandum with the Judge to whom the matter has been
assigned.
Date:
. AUG 2 6 2008
AUDRA L. COYLE
Plaintiff
V.
MICHAEL L. COYLE
Defendant
: No. 08-1146 Civil Term
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ACTION IN CUSTODY
AMENDED COURT ORDER
AND NOW, this X0#1 - y of August 2008, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. The prior Order of Court dated May 9, 2008 is hereby VACATED and the
custody hearing scheduled for June 30, 2008 is hereby CANCELLED.
2. Legal Custody: The Father, Michael L. Coyle, and the Mother, Audra L. Coyle,
shall have shared legal custody of Dylan Coyle, born 2/11/1997, Torey Coyle,
born 12/14/2000 and Erik Coyle, born 4/20/2004. The parties shall have an equal
right to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the
other parent.
3. Phvsical Custodv: Mother shall have primary physical custody of the Children
subject to Father's partial physical custody as follows:
a. Father shall have physical custody of the Children every other
weekend from Friday 5:00 pm until Sunday 8:00 pm; however,
during the week that Father works from 2:30 pm until 10:30 pm,
Father shall pick the Children up Friday at 10:30 pm at Mother's
residence. Father shall pick up the Children from the baby-sitter's
residence or Mother's residence on Friday and return the Children
to Mother's residence on Sunday. An appropriate third party may
also provide the transportation.
b. Father shall have physical custody of the Children every Tuesday
and Thursday from 5:00 pm until 8:00 pm. Father, or an
appropriate third party, shall pick the Children up at an agreed
upon location and return the Children to Mother's residence at 8:00
pm. It is understood that during the week that Father works his
2:30 pm to 10:30 pm shift, the Tuesday and Thursday custodial
periods shall not occur.
Father shall have additional periods of physical custody of the
Children when Father is off from work and Mother is working as
mutually agreed to and the parties may alter/expand said times and
days as mutually necessary or proper.
4. Holidays: Absent mutual agreement otherwise, Father shall have physical
custody of the Children from 3:00 pm until 8:00 pm on Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day and New Year's. Mother shall always have
Mother's Day from 9:00 am until 6:00 pm and Father shall always have Father's
Day from 9:00 am until 6:00 pm absent agreement otherwise. The Christmas
holiday schedule shall be divided into two parts, segments A and B. Segment A
shall begin on Christmas Eve at a time mutually agreed upon by the parties and
end at 9:00 pm on Christmas Eve. Segment B shall begin at 9:00 pm on
Christmas Eve and end at 3:00 pm Christmas Day. Father shall have segment A
in even years and segment B in odd years. Mother shall have segment B in even
years and segment A in odd years. In even years when Father has segment A,
Father shall make the Children available to Mother for the Children to attend
church services with Mother on Christmas Eve. The Easter holiday shall be
alternated between the parties and shall begin 9:00 pm the Saturday before Easter
Sunday until 3:00 pm Easter Sunday. Father shall have Easter in even years and
Mother shall have Easter in odd years.
5. The non-custodial parent shall have liberal telephone contact with the Children on
a reasonable basis. Messages or missed calls shall be returned by custodial parent
as promptly as possible.
6. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other party, or injure the opinion
of the Children as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party. To the extent
possible, both parties shall not allow third parties disparage the other parent in the
presence of the Children.
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. Each parent shall have two non-consecutive weeks of vacation with the Children
per summer. The Children's scheduled vacation Bible school and summer camp
shall take precedence over any requested vacation time. The requesting parent
shall give the other parent at least 60 days' advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In
the event the parties schedule conflicting vacations, the party first providing
written notice shall have the choice of vacation. Prior to departure, the parties
will provide each other with information regarding the intended vacation
destination and a telephone number at which they can be reached during their
vacation. The parties may expand/alter this vacation time by mutual agreement.
9. In the event the custodial parent should take the Children out of state, the
custodial parent shall notify the non-custodial parent within twenty-four hours of
departure of the intended destination and a telephone number at which they can be
reached.
10. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control. The parties may request to cancel
the scheduled custody hearing and contact the assigned Conciliator for a status
update conference as necessary or proper.
Cc: eith Brenneman, Esq.
.I irk Berry, Esq.
. 6F J. Mangan, Esq.
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AUDRA L. COYLE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 08-1146 Civil Term
MICHAEL L. COYLE
Defendant : ACTION IN CUSTODY
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CI M
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held with regard to this matter on May 7,
2008 and an Order of Court was issued May 9, 2008. Counsel for the
parties have indicated that an agreement has been reached regarding the
instant matter as reflected in the attached recommended Order.
3. The parties agreed to the entry of an Order in the form as attached.
Date: 2 5 T John J. Mangan, Esquire
Custody Conciliator
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AUDRA L. COYLE, IN THE COURT OF COMMON PLE1~$-~~ ~ ' -,-,
(now known as AUDRA FANUS) :CUMBERLAND COUNTY, - -
Ptaintiff :PENNSYLVANIA =
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vi. : , ~
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N0.08-1146 CIVIL TERM : _ `<'-
MICHAEL L. COYLE, ,°,~ `'
Defendant :CUSTODY
PETITION FOR; CONTEMPT/MOTION TO MODIFY CUSTODY
NOW COMES Plaintiff Audra Fanus (formerly known as Audra L. Coyle)
by and through her attorney Sheri D. Coover, ESQ. and files the following
PETITION FOR CONTEMPT and in support thereof avers as follows:
1. On or around August 28, 2010, this Court issued an Order which
granted Plaintiff Audra F~nus (hereinafter referred to as "Mother primary
physical custody and granted Defendant Michael L. Coyle (hereinafter referred to
as "Father") periods of partial custody. (A true and correct copy of the August 28,
2010 Custody Order is hereby attached).
2. The August 28, 2010 Custody Order provides that Father's periods
of custody are on alternating weekends and on Tuesday and Thursday evenings
(except for the weeks that Father works the 2:30 p.m. to 10:30 p.m. shift).
3. The Court Order also provides that each parent shall have two non-
consecutive weeks of vacation with the children each summer with a 60 day
advance notice to the otfoer party.
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4. Additional, the Court Order provides that in the event the custodial
parent should take the children out of state, the custodial parent shall notify the
non-custodial parent within twenty-four hours of departure of the intended
destination.
5. Father fair to following the custody order in that he often returns
the children to Mother's custody after the times stated in the Custody Order and
fails to notify Mother when he picks the children up from daycare or school earlier
than the times he is granted custody.
6. Father ofteh fails to notify Mother of the early pickups and teams
that Father has the children in his custody either from the daycare provider,
employees at the school'or from the children.
7. Father rarery spends time with the children while they are in his
custody and often diverts responsibility of the children to his girlfriend who has
physically disciplined the children.
8. On or aroumd June 30, 2010, Mother entered into an agreement
with Father whereby the parties modified the custody Order to allow Father to
have custody of the children from Wednesday, June 30, 2010 until July 4, 2010.
9. According tb the custody Order, Father was to return the children to
Mother by 3:00 p.m. on July 4, 2010 as it fell under the holiday schedule.
10. Around 8:Op p.m. Father called Mother and advised her that he was
not planning to return the+ children to her care that day.
11. Mother stajted to Father that she did not agree to this additional
i
mod cation as the tthikl~en were to start day camp at the YMCA on July 5, 2010
which had been prepaid !by Mother. Mother had made Father aware of the
children's daycamp schedule in March of 2010.
12. When Mothher reminded Father on the telephone about the children
starting daycamp the folrowing day and told him that she did not agree to him
modifying the agreement further, Father stated, "Oh well" and hung up the
telephone.
13. Mother attf#mpted to calf Father back and he would not answer the
telephone and he failed to answer the messages Mother left for Father.
14. Father failed to return the children until 6:30 p.m. on July 5, 2010
when he dropped the ch~klren off with the children's maternal grandparents
without any communication or discussion with Plaintiff and without checking with
maternal grandparents if!the drop-off of the children in their care suited them.
15. Dylan repotted to his Mother that he had asked his Father about
going to camp and Father told him that they were staying and doing Father's
plans regardless of what'the child wanted.
16. On or aroumd July 19, 2010, Mother received a message from
Father that he wanted to'take Erik to the beach with him ftom August 4, 2010
through August 9, 2010 Ind all of the children to the beach at a later time.
17. Father's patents own a property by the beach and the children have
been to the beach with F ther several previous times this year.
I
18. On July 19 2010, Mother advised Father that she had plans with
the children for the week; of August 4 and that week did not suit Mother.
19. Father argued that the custody order provided him with two weeks
of custody of the children during the summer. Mother agreed, however she
pointed out to Father that he did not provide her with the sixty (60) day notice as
required by the Order and that she did not agree to this modfication of the
custody Order as she had plans.
20. Father nev$r mentioned the week of August 4, 2010 to Mother after
that communication on July 19, 2010.
21. On or around July 29, 2010, the children mentioned to Mother that
Father had talked to them about going to the beach in August and Mother called
left Father a message to'remind him that she did not agree to the modification.
22. On or arou~hd August 3, 2010, picked Erik up from daycare (the
other two children were ~t camp) and under the custody Order was required to
return him to Mother's care at 8:00 p.m. that evening.
23. Around 7:45 p.m. that evening, Father called Mother to advise him
that Erik was not coming L back. Father did not tell Mother when Erik would be
back and did not tell Mother where he was with Erik.
24. Mo#her advised Father that he ne~led to return Erik as she had not
agreed to this period of cuustody by Father and he hung up the telephone on her
and has refused to take f~er calls or return messages left by her.
25. Mother is yonder the assumption and belief that Father took Erik to
the beach to a property ~wned by Father's parent's in Delaware since Father had
previously mentioned to ~ ing Erik to the beach on that date. If this is the case,
Father has failed to foil 'ng the provisions in the Custody Order that state that
the ~stodial parent is t notify the non-custodial parent within finrenty-four hours
of departure out of sthte and a telephone number where the children can be
reached. ~
26. Father had not allowed Erik to communicate with Mother since he
was taken from daycare ion August 3, 2010.
27. When Mother caAed the daycare provider on the evening of August
4, 2010, she informed Mother that Father picked Erik up early from daycare that
day without notifying Mo~Fter and that at the time he picked Erik up he told her
that Erik would not be re~uming to daycare the remainder of the week.
28. On or around Sunday, August 8, 2010, Mother received a call from
Father advising her that he was intending to return Erik. Mother thereafter
retrieved Erik from Fathelr's wrongful custody on the evening of August 8, 2010.
29. Upon inforrnafion and belief, Father took Erik from daycare in willful
disobeyance of the cun~nt custody order despite the fact that he was aware that
it was not his period of ' stody and that Mother did not agr8e to the modfication
of the custody order to g en Father custody of Erik early on the day of August 4,
2010.
30. Upon infonination and belief, Father withheld custody of Erik during
the week of August 3, 210 despite the fact that he was aware that it was not his
period of custody and th~t Mother did not agree to the modification of the custody
Order to give Father cus~ody of Erik during the week of August 3, 2010.
31. In addition ko the foregoing reasons, Mother requests that the
current custody Order bed modified for the following reasons:
a. Mother bequests that the current Order be modified to give
Mother custody on the weekdays during the school yegr as
Father oes not do homework with the children and the children
have di traction's at Father's home that prevents them from
doing eir school work;
b. Father Bails to bathe the children when they are in his care. an it
becom a late evening for the d~ildren when they need to be
bathed Mother's home and then get up for school early the
following morning.
c. Father flails to spend time with the children during his periods of
custody' and oRen diverts responsibility of the children to his
girlfriends who uses physical discipline on the children.
d. Father teas displayed on oa~sion that he does not want
bothe with the children and will not take them to
appointrlnents, inclt~ing an inccirdent where he refused to take
one of tie children to the doctor despite the fact that he needs
to be at Ithe doctor's affice anyways at the same time;
e. The children have expressed that they do not like the current
custody) Order and tha# they do not want to go on visitation with
Father c~n Tuesday and Thursday evenings.
i
i
i
WHEREFORE, Plaintiff requests that:
a. Father be Ifound in contempt of this Court's Orders regarding
custody;
b: Mother beordered to strictly comply with all Orders of this Court;
c. Mother be awarded addifional custody time to compensate for the
wrongful d privation of custodial time;
d. Father be assessed a $500.00 penalty for contempt of the Court's
Custody Olyder pursuant to 23 Pa.C.S. § 4346;
e. Mother's Petition for Contempt of Court Order shall be addressed at
a Hearing scheduled before the Court;
f. The current custody Order should be modified to eliminate Father's
periods of partial custody on Tuesday and Thursday evenings;
g. Other relief as the Court deems appropriate.
submitted,
h ri D. Coover, Esquire
omey lD 93285
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
i
AUDRA L. COYLE, IN THE COURT OF COMMON PLEAS
(now known as AUDRA f`ANl1$) :CUMBERLAND COUNTY,
Plaintiff :PENNSYLVANIA
vii. :
N0.08-1146 CIVIL TERM
MICHAEL L. COYLE,
Defendant ' :CUSTODY
VERIFICATION
I, Audra Coyle hereby that a have reviewed the foregoing PETITION FOR CONTEMPT,
and verify that all of the fats contained therein are true and correct to the best of my
knowledge, information ands belief. I understand that I could be subject to penalties for
perjury both criminally and,' civilly under Pennsylvania and federal law for any false
statements contained therei#i.
Audra Fanus
Date -- ~ ' ~ ~' l ~
AUDRA L. COYLE, IN THE COURT OF COMMON PLEAS
(now known as AUDRA' FANUS) :CUMBERLAND COUNTY,
Plaintiff ~ :PENNSYLVANIA
viii. :
N0.08-1146 CNIL TERM
MICHAEL L. COYLE,
Defendant :CUSTODY
CERTIFICATE OF SERVICE
I, Sheri D. Coolver, Esquire hereby certify that on this ~ day of
' 201 ~, I caused a copy of the fon~going PETITION FOR
CONTEMPT OF COUF~T ORDER to be served upon the individual identified
below by United States ~irst Class mail addressed as follows:
Keith Brenneman
44 W. Main Street
P.O. Box 318
Mechanicsburg, PA 17055
Resp Ily submitted,
Sh ri D. Coover, Esq
omey ID 93285
44 S. Hanover Street
Carlisle, PA 17013
,.
AUIY 0 7 2008 3 ~/
fl
AUDRA L. COYLE : IN THE COURT OF COMMON PLEAS
Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA
v. .
No. 08-1146 Civil Term
MICHAEL L. COYLE
Defendant :ACTION IN CUSTODY
COURT ORDER
AND NOW, thi~ aay of May 2008, upon consideration of the attached
Custody Conciliation R rt, it is ordered and directed that:
1. This Order is en red pursuant to a Custo~Conciliation Conference. A Custody
Hearing is hereb scheduled on the day of ~, 2008 at
pm ' Courtroom number in the Cumberland County Court of
Common Pleas, arlisle, PA 17013 at which time testimony will be taken. The
points of confer on to be addressed at the hearing shall be whether or not the
Tuesday and Th y evenings with Father are advisable and whether Father and
Mother should to Christmas and Easter mornings every year. For purposes
of this hearing, a Mother shall be deemed to be the moving party and shall
proceed initially 'th testimony. Counsel for each party shall .file with the Court
and opposing co 1 a Memorandum setting forth each party's position on
custody, a list of 'tresses who will be expected to testify at the hearing and a
summary of the ticipated testimony of each witness. These Memoranda shall
be filed at least ve days prior to the hearing date.
2. Legal Custody: a Father, Michael L. Coyle, and the Mother, Audra L. Coyle,
shall have legal custody of Dylan Coyle, born 2/11/1997, Torey Coyle,
born 12/14/2000 d Erik Coyle, born 4/20/2004. The parties shall have an equal
right to make all jor non-emergency decisions affecting the Children's general
well-being incl g, but not limited to, all decisions regarding their health,
education and re 'gion. Pursuant to the terms of 23 PaC.S. §5309, each parent
shall be entitled all records and information pertaining to the Children
including, but no limited to, medical, dental, religious or school records
the
residence addres ,
of the Children and of the other parent. To the extent one
parent has posse ion of any such records or information, that parent shall be
required to share a same, or copies thereof, with the other parent within such
reasonable time to make the records and information of reasonable use to the
other parent. ~
3. Ph i Custod :Mother shall have primary physical custody of the Children
subject to Father's partial physical custody as follows:
a.
to
b.
c.
as n
and
4. Holidat~: Absent
custody of the Chi
July, Labor Day, Z
Mother's Day fYOn
Day from 9:00 am
Easter holidays sha
Conciliator.
5. The non-custodial
a reasonable basis.
as promptly as pos
6. Neither party may
anything that may ~
of the Children as t
development of the
possible, both parti
presence of the Chi
7. In the event of a r
parties as soon as
ier shall have physical custody of the Children every other
kend from Friday 5:00 pm until Sunday 8:00 pm; however,
ng the week that Father works from 2:30 pm until 10:30 pm,
per shall pick the Children up Friday at 10:30 pm at Mother's
3ence. Father shall pick up the Children from the baby-sitter's
Ience or Mother's residence on Friday and return the Children
iother's residence on Sunday. An appropriate third party may
provide the transportation.
ier shall have physical custody of the Children every Tuesday
Thursday from 5:00 pm unti18:00 pm. Father, or an
opriate third party, shall pick the Children up at an agreed
~ location and return the Children to Mother's residence at 8:00
It is understood that during the week that Father works his
i pm to 10:30 pm shift, the Tuesday and Thursday custodial
ids shall not occur.
er shall have additional periods of physical custody of the
dren yvhen Father is off from work and Mother is working or
Mutually agreed to and the parties may alter/expand said times
days as mutually necessary or proper.
nutual agreement otherwise, Father shall have physical
lren from 3:00 pm unti18:00 pm on Memorial Day, Fourth of
~anksgiving Day and New Year's. Mother shall always have
9:00 am unti16:00 pm and Father shall always have Father's
nti16:00 prn absent agreement otherwise. The Christmas and
1 be addressed either by this Court or by the assigned
parent shall have liberal telephone contact with the Children on
Messages or missed calls shall be returned by custodial parent
Say or do anything nor permit a third party to do or say
strange the Children from the other party, or injure the opinion
~ the other Party, or may hamper the free and natural
Children's love or affection for the other party. To the extent
s shall not allow third parties disparage the other parent in the
emergency, the custodial party shall notify the other
able after the emergency is handled.
8. Each parent shall ve two hon-consecutive weeks of vacation with the Children
per summer. The 'ldren's scheduled vacation Bible school and summer camp
shall take preceden a over any requested vacation time. The requesting parent
shall give the other nt at least 60 days' advance notice of the requested time
~'
and this vacation eek shall supersede the regular physical custody schedule. In
the event the paty schedule conflicting vacations, the party fast providing
written notices have the choice of vacation. Prior to departure, the parties
will provide each then with information regarding the intended vacation
destination and a lephone number at which they can be reached during their
vacation. The es may expand/aiter this vacation time by mutual agreement.
9. In the eveirt the c parent should take the Children out of state, the
custodial parent notify the non-custodial parent within twenty-four hours of
depath~re of the in ended destination and a telephone number at which they can be
reached.
i
10. This Order is en pursuant to a conciliation conference. The parties may
modify this Order y mutual agreement in writing. In the absence of mutual
consent, the terms f this Order shall control. The parties may request to cancel
the scheduled cus y hearing and contact the assigned Conciliator for a status
update conference necessary or proper.
T,
J.
Cc: Keith Bre eman, Esq.
Dirk Berry~Esq. ~ ~n~a.~.LetiC ,~- /a - OY
John J. Ma~gan, Esq. '~'t'G°
15 •
AUDRA L. COYLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2008-1146 CIVIL ACTION LAW
MICHAEL L. COYLE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, August 16, 2010 , 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 Saturday, August 21, 2010 at 2:30 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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. Mangan, r. 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. ?j
r Cumberland County Bar Association O
t CON wo_ ,W *C-Z? 32 South Bedford Street
s • ! (? 'tD 2r COOV4?
uz, MOt,? tel?
• ! Co • t d 3Aaco-8 i n
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166 G
6.
j ?t?1?Gri S
w
0
4
AUDRA L. COYLE IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 2008-1146 CIVIL ACTION LAW
MICHAEL L. COYLE
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, August 18, 2010 , 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 T yr, Seoteji6ei 21, O at 2:30 1'M
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. 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/ ohn . M r. Es q.
gm, I
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Z? O
32 South Bedford Street T;
Carlisle, Pennsylvania 17013
Cower s w... r
Telephone (717) 249-3166
°?
Nahc- MOL;k? -k amn MA l"
'wif %U-j
.It
L /
,
3
AUDRA L. COYLE
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
No. 08-1146 Civil Term _D
rr ra :3:-r
n
CV ?v rn
ACTION IN CUSTODY
-' CD `n
C
COURT ORDER -? 70
AND NOW, this day of February 2011, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
14
1. The instant Order replaces all prior Orders entered in this matter.
2. By agreement, Mother's petition for contempt is hereby dismissed without
prejudice.
3. Legal Custody: The Father, Michael L. Coyle, and the Mother, Audra L. Coyle,
shall have shared legal custody of Dylan Coyle, born 2/11/1997, Torey Coyle,
born 12/14/2000 and Erik Coyle, born 4/20/2004. The parties shall have an equal
right to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the
other parent.
4. Physical Custody: Mother shall have primary physical custody of the Children
subject to Father's partial physical custody as follows:
a. Father shall have physical custody of the Children every other
weekend from Friday 5:00 pm (or earlier from the day care
provider or from school upon adequate notice by Father to Mother)
until Sunday 7:00 pm. Father shall pick up the Children from the
baby-sitter's residence or Mother's residence on Friday and return
i
the Children to Mother's residence on Sunday. An appropriate
third party may also provide the transportation.
b. Father shall have physical custody of the Children every Tuesday
and Thursday from 5:00 pm (or earlier from the day care provider
or from school upon adequate notice by Father to Mother) until
7:00 pm. Father, or an appropriate third party, shall pick the
Children up at an agreed upon location and return the Children to
Mother's residence at 7:00 pm.
C. Father shall have additional periods of physical custody of the
Children when Father is off from work and Mother is working as
mutually agreed to and the parties may alter/expand said times and
days as mutually necessary or proper.
5. Holidays: Absent mutual agreement otherwise, Father shall have physical
custody of the Children from 3:00 pm until 8:00 pm on Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day and New Year's. Mother shall always have
Mother's Day from 9:00 am until 6:00 pm and Father shall always have Father's
Day from 9:00 am until 6:00 pm absent agreement otherwise. The Christmas
holiday schedule shall be divided into two parts, segments A and B. Segment A
shall begin on Christmas Eve at a time mutually agreed upon by the parties and
end at 9:00 pm on Christmas Eve. Segment B shall begin at 9:00 pm on
Christmas Eve and end at 3:00 pm Christmas Day. Father shall have segment A
in even years and segment B in odd years. Mother shall have segment B in even
years and segment A in odd years. In even years when Father has segment A,
Father shall make the Children available to Mother for the Children to attend
church services with Mother on Christmas Eve. The Easter holiday shall be
alternated between the parties and shall begin 9:00 pm the Saturday before Easter
Sunday until 3:00 pm Easter Sunday. Father shall have Easter in even years and
Mother shall have Easter in odd years.
6. The non-custodial parent shall have liberal telephone contact with the Children on
a reasonable basis. Messages or missed calls shall be returned by custodial parent
as promptly as possible.
7. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other party, or injure the opinion
of the Children as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party. To the extent
possible, both parties shall not allow third parties disparage the other parent in the
presence of the Children.
8. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
9. Each parent shall have two non-consecutive weeks of vacation with the Children
per summer. The Children's scheduled vacation Bible school and summer camp
•r
shall take precedence over any requested vacation time. The requesting parent
shall give the other parent at least 60 days' advance notice of the requested time
and this vacation week shall supersede the regular physical custody schedule. In
the event the parties schedule conflicting vacations, the party first providing
written notice shall have the choice of vacation. Prior to departure, the parties
will provide each other with information regarding the intended vacation
destination and a telephone number at which they can be reached during their
vacation. The parties may expand/alter this vacation time by mutual agreement.
10. In the event the custodial parent should take the Children out of state, the
custodial parent shall notify the non-custodial parent within twenty-four hours of
departure of the intended destination and a telephone number at which they can be
reached.
11. A status conference with the assigned conciliator is hereby scheduled for
February 23, 2011 at 3.00 pm at the Cumberland County Court of Common Pleas
12. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control.
Cc: Keith Brenneman, Esq. Mal
? Sheri Coover, Esq.
John J. Mangan, Esq. `'`'? a'9rtl
OK$
AUDRA L. COYLE : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 08-1146 Civil Term
MICHAEL L. COYLE
Defendant : ACTION IN CUSTODY
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody o
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held with regard to this matter on May 7, 2008, an
Order of Court was issued May 9, 2008, an Order of Court issued August 28,
2008 and a conference was held September 21, 2010 with the following
individuals in attendance:
The Mother, Audra Coyle, with her counsel, Sheri Coover, Esq.
The Father, Michael Coyle, with his counsel, Keith Brenneman
3. The parties agreed to the entry of an Order in the form as attached.
00
Date: J Mangan, Esquire
Custody Conciliator
i
AUDRA L. COYLE
Plaintiff
V.
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 08-1146 Civil Term c
zw MF
ACTION IN CUSTODY (n -urn
Qo
E---z wa
? z
C)
v=
CO ?..
rn
- 4
COURT ORDER _<
AND NOW, this << ` day of April 2011, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
The instant Order replaces all prior Orders entered in this matter.
2. This Order is entered pursuant to a Custody Conciliate Conference. A Custody
Hearing is hereby scheduled on the day of 2011 at
X1.38 am/min Courtroom number 3 in the Cumberland ounty Court of
Common Pleas, Carlisle, PA 17013 at which time testimony will be taken in
regard to the physical custody for the subject Children. For purposes of this
hearing, the Mother shall be deemed to be the moving party and shall proceed
initially with 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 five days prior to the hearing date.
3. Legal Custody: The Father, Michael L. Coyle, and the Mother, Audra L. Coyle,
shall have shared legal custody of Dylan Coyle, born 2/11/1997, Torey Coyle,
born 12/14/2000 and Erik Coyle, born 4/20/2004. The parties shall have an equal
right to make all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their health,
education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent
shall be entitled to all records and information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the
residence address of the Children and of the other parent. To the extent one
parent has possession of any such records or information, that parent shall be
required to share the same, or copies thereof, with the other parent within such
reasonable time as to make the records and information of reasonable use to the
other parent.
G'
3
4. Physical Custody: Mother shall have primary physical custody of the Children
subject to Father's partial physical custody as follows:
a. Father shall have physical custody of the Children every other
weekend from Friday 5:00 pm (or earlier from the day care
provider or from school upon adequate notice by Father to the day
care provider) until Sunday 7:00 pm. Father shall pick up the
Children from the baby-sitter's residence or Mother's residence on
Friday and return the Children to Mother's residence on Sunday.
An appropriate third party may also provide the transportation.
b. Father shall have physical custody of the Children every Monday
and Wednesday from 5:00 pm (or earlier from the day care
provider or from school upon adequate notice by Father to the day
care provider) until 7:00 pm. Father, or an appropriate third party,
shall pick the Children up at an agreed upon location and return the
Children to Mother's residence at 7:00 pm.
C. Father shall have additional periods of physical custody of the
Children when Father is off from work and Mother is working as
mutually agreed to and the parties may alter/expand said times and
days as mutually necessary or proper.
5. Holidays: Absent mutual agreement otherwise, Father shall have physical
custody of the Children from 3:00 pm until 8:00 pm on Memorial Day, Fourth of
July, Labor Day, Thanksgiving Day and New Year's. Mother shall always have
Mother's Day from 9:00 am until 6:00 pm and Father shall always have Father's
Day from 9:00 am until 6:00 pm absent agreement otherwise. The Christmas
holiday schedule shall be divided into two parts, segments A and B. Segment A
shall begin on Christmas Eve at a time mutually agreed upon by the parties and
end at 9:00 pm on Christmas Eve. Segment B shall begin at 9:00 pm on
Christmas Eve and end at 3:00 pm Christmas Day. Father shall have segment A
in even years and segment B in odd years. Mother shall have segment B in even
years and segment A in odd years. In even years when Father has segment A,
Father shall make the Children available to Mother for the Children to attend
church services with Mother on Christmas Eve. The Easter holiday shall be
alternated between the parties and shall begin 9:00 pm the Saturday before Easter
Sunday until 3:00 pm Easter Sunday. Father shall have Easter in even years and
Mother shall have Easter in odd years.
6. The non-custodial parent shall have liberal telephone contact with the Children on
a reasonable basis. Messages or missed calls shall be returned by custodial parent
as promptly as possible.
7. Counseling: The parents are strongly encouraged to explore the possibility of
therapeutic family counseling with the focus on co-parenting. The cost of
counseling after appropriate payment by insurance shall be split equally between
the parties.
8. Neither party may say or do anything nor permit a third party to do or say
anything that may estrange the Children from the other party, or injure the opinion
of the Children as to the other party, or may hamper the free and natural
development of the Children's love or affection for the other party. To the extent
possible, both parties shall not allow third parties disparage the other parent in the
presence of the Children.
9. In the event of a medical emergency, the custodial party shall notify the other
parties as soon as practicable after the emergency is handled.
10. Each parent shall have two non-consecutive weeks of vacation with the Children
per summer. The Children's scheduled vacation Bible school and summer camp
shall take precedence over any requested vacation time, unless Father's vacation
time is over the Fourth of July. The requesting parent shall give the other parent
at least 60 days' advance notice of the requested time and this vacation week shall
supersede the regular physical custody schedule. In the event the parties schedule
conflicting vacations, the party first providing written notice shall have the choice
of vacation. Prior to departure, the parties will provide each other with
information regarding the intended vacation destination and a telephone number
at which they can be reached during their vacation. The parties may expand/alter
this vacation time by mutual agreement.
11. In the event the custodial parent should take the Children out of state, the
custodial parent shall notify the non-custodial parent within twenty-four hours of
departure of the intended destination and a telephone number at which they can be
reached.
12. By agreement of the parties, either party may contact the assigned conciliator to
schedule a conference prior to the scheduled hearing date if the parties deem it
appropriate.
13. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control.
RT,
J.
Cc: /Keith Brenneman, Esq.
? Sheri Coover, Esq. Maj
? John J. Mangan, Esq. ?op?' 4161"
DO
AUDRA L. COYLE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 08-1146 Civil Term
MICHAEL L. COYLE
Defendant : ACTION IN CUSTODY
Prior Judge: Edward E. Guido, J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held with regard to this matter on May 7, 2008, an
Order of Court was issued May 9, 2008, an Order of Court issued August 28,
2008, a conference was held September 21, 2010, an Order issued February 08,
2011 and a conference was held February 23, 2011 with the following individuals
in attendance:
The Mother, Audra Coyle, with her counsel, Sheri Coover, Esq.
The Father, Michael Coyle, with his counsel, Keith Brenneman
3. The Mother's position on custody is as follows: Mother would like to scale back
Father's periods of custody during the week, specifically the Tuesday and
Thursday evenings due to disruption of the school schedule and concerns about
homework being done. Mother also has concerns about Father bathing the
Children and father's paramour watching the Children when Father is not able to.
Mother has concerns about Father's request for week on/off during the summer
and would like an option for first refusal for periods of time more than four hours.
Mother has concerns about Father's fluctuating work shifts.
4. The Father's position on custody is as follows: Father denies any concerns about
the Children completing their homework on his evening periods and denies any
issues relating to bathing. Father requests week on/off during the summertime.
Father also requests that he be able to take vacation with the Children during the
summertime over the fourth of July and this vacation take priority over the
vacation Bible camp. Father indicates that he has five weeks' worth of vacation
to be used and he would be able to use this vacation spread out over the summer
to ensure that he is physically present when the Children are with him. Father
further requests a modification from Tuesday/Thursday to Monday/Wednesday
for his evening periods during the week during the school year.
5. The Conciliator recommends an Order in the form as attached scheduling a
Hearing and entering an Order of Court regarding custody as outlined. It is the
Conciliator's belief that this would be in the Children's best interest. It is
expected that the Hearing will require one half day.
6. The proposed recommended Order may contain a requirement that the parties file
a pre-trial memorandum with the Judge to whom the matter has been assigned.
Date: Jo J. 1\ angan, Esquire
/ Custody Conciliator
AUDRA L. COYLE IN THE COURT OF COMMON PLEAS OF
INTIFF
PENNSYLVANIA
CUMBERLAND COUNTY ti ?
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. 2008-1146 CIVIL ACTION LAW %Jr f
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MICHAEL L. COYLE
IN CUSTODY
DEFENDANT
ORDER OF COURT
.AND NOW. Monday, June 20, 2011 , upon consideration of the attached Co mplain t,
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 Wednesday, July 27, 2011 at 9:00 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/ ohn .Man an r. 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
FORT14 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Md,./,ed /,,, ,(/? ?V ee Telephone (717) 249-3166
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AUDRA L. COYLE
V.
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
No. 08-1146 Civil Term -_ ra
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ACTION IN CUSTODY c.? r-- -- 7D cr
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COURT ORDER C.1 l
AND NOW, this / IzAday of September 2011, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed that:
1. The Order dated May 24, 2011 shall remain in full force and effect with the
following modifications.
2. Mother's petition for contempt is hereby held in abeyance for ninety days from
July 27, 2011; thereafter, the petition shall be deemed dismissed.
3. In regard to Father's alternating weekends during the school year, Father's
weekends shall commence 08/19/11; all other aspects of the custodial schedule
shall remain the same as stated in the May 24, 2011 Order.
4. In regard to paragraph 3(c) of the May 24, 2011 Order, the parents shall share
physical custody basically on a week on/ week off schedule as outlined in 3 (c);
however, if the parents do not go away on vacation or request week long blocks of
time, the parents shall arrange custody of the Children on a repeating two week
schedule with Father in week one having Monday through Tuesday evening,
Mother Tuesday evening through Thursday evening, Father Thursday evening
through Sunday evening. Week two shall be with Mother from Monday until
Tuesday evening, Father Tuesday evening through Thursday evening, Mother
Thursday evening through Sunday evening.
5. The custodial parent shall ensure that the Children attend their scheduled
activities.
6. Father and Mother need to mutually agree to alter the custodial schedule.
7. The parties have agreed to set up therapeutic family counseling within ten days of
today's date.
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8. It was understood that Father was to be in DE for the second week of August and
that Mother wanted Dylan to attend orientation fro school. As such, on 08/10/11,
the parents shall meet at the Gap Diner in Gap PA at 7 pm to exchange custody;
Dylan shall then go to the orientation on 08/11/11. If paternal grandfather is not
already in DE, and is able to do so, grandfather shall bring Dylan back to DE to
Father; if he is already in DE or is not able to transport Dylan, the parties shall
meet again at the Gap Diner at 7 pm 08/11/11.
9. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control.
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Cc: ? Keith Brenneman, Esq. OOP
? Sheri Coover, Esq. Q1t?11
? John J. Mangan, Esq. l
AUDRA L. COYLE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
: No. 08-1146 Civil Term
: ACTION IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody of
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held with regard to this matter on May 7, 2008, an
Order of Court was issued May 9, 2008, an Order of Court issued August 28,
2008, a conference was held September 21, 2010, an Order issued February 08,
2011, a conference was held February 23, 2011, an Order issued May 24, 2011
and a conference was held July 27, 2011 on Mother's petition for contempt with
the following individuals in attendance:
The Mother, Audra Coyle, with her counsel, Sheri Coover, Esq.
The Father, Michael Coyle, by himself but represented by Keith Brenneman
3. The parties agreed to the entry of an Order in form as attached.
Date: -??
f Jo IJ?Mangan, Esquire
Custody Conciliator
AUDRA L. COYLE N/K/A AUDRA
FANUS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
No. 08-1146 Civil Term
: ACTION IN CUSTODY
COURT ORDER
AND NOW, this A Aday of July 2012, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed that:
1. The Orders dated May 24, 2011 and September 14, 2011 shall remain in full force
and effect with the following modifications.
2. Absent agreement otherwise, the custody exchange times shall be at 6:00 pm
during the summertime/no school.
3. The Children shall be in Mother's custody Sunday 08/26/12 6:00 pm to begin the
school year schedule. In subsequent years, the Children shall wake up at
Mother's residence for the first day of school.
4. The Court takes note that the Child/ren are already scheduled for camp 07/29/12
through 08/04/12 and that Father is going out of town with the Children 07/08/12
through 07/15/12 and 08/05/12 through 08/12/12.
5. This Order is entered pursuant to a conciliation conference. The parties may
modify this Order by mutual agreement in writing. In the absence of mutual
consent, the terms of this Order shall control.
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Cc: ?Keith Brenneman, Esq. -0
Sheri Coover
Esq. I-nw
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John J. Mangan, Esq. M r-
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AUDRA L. COYLE N/K/A AUDRA
FANUS,
Plaintiff
V.
MICHAEL L. COYLE
Defendant
Prior Judge: Edward E. Guido, J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 08-1146 Civil Term
ACTION IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
The pertinent information pertaining to the Children who are the subject of this
litigation is as follows:
Name Date of Birth Currently in the Custody
Dylan Coyle 2/11/1997 Primary Mother
Torey Coyle 12/14/2000 Primary Mother
Erik Coyle 4/20/2004 Primary Mother
2. A Conciliation Conference was held with regard to this matter on May 7, 2008, an
Order of Court was issued May 9, 2008, an Order of Court issued August 28,
2008, a conference was held September 21, 2010, an Order issued February 08,
2011, a conference was held February 23, 2011, an Order issued May 24, 2011
and a conference was held July 27, 2011, an Order issued September 14, 2011 and
a conference was held by phone June 08, 2012 with the following individuals in
attendance:
The Mother, Audra Coyle, with her counsel, Sheri Coover, Esq.
The Father, Michael Coyle, with his counsel, Keith Brenneman, Esq.
3. The parties agreed to the entry of an Order in form as attached.
Date: l John Jl Mangan, Esqui e
Custody Conciliator