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HomeMy WebLinkAbout08-3120BRETT COY, IN THE COURT OF COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLV,A,NIA V. CIVIL ACTION - LAW SUMMER COY, CUSTODY/VISITATION Defendant NO: ? ` Mechanicsburg, PA 17055 The child was born in wedlock. The child is presently in the custody of the Mother. During the past five years, the child has resided with the following persons and at CUSTODY COMPLAINT 1. The Plaintiff is Brett Coy, currently residing at l-: C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Summer Coy, currently presiding at 318 East Locust Street, Mechanicsburg, Pennsylvania 17055. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Taylor Coy 318 East Locust Street 11/21/1997 the following addresses: PERSONS Father Mother and Father ADDRESSES 75 River Road Mechanicsburg, PA 12 C Creekside Lane Carlisle, PA DATES 3/2001 to 12/2006 12/06 to 5/2008 The father of the child is Brett Coy, currently residing at 12 C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17015 He is single. The mother of the child is Summer Coy, currently residing at 318 East Locust Street, Rear, Mechanicsburg, Pennsylvania 17055. She is single. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following person: NAMES RELATIONSHIPS Larry Coy Father 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person: NAMES RELATIONSHIPS Linda & John Jastron Mother and Father 6. Plaintiff has not participated as a party or witness, or in another c apacity, in other litigation concerning the custody of the child in this or another court. The court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and numbe°, and its relationship to this action is: N/A 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. The name and address of such person is: N/A 2 7. The best interest and permanent welfare of the child will be serN ed by granting the relief requested because Father wishes to remain in his daughter's life on a permanent and consistent basis. Father enjoyed primary physical custody by al.jreement of the parties from March 2001 to December 2006 with Mother receiving partial physical custody every other weekend. Father now is only allowed every other weekend and this has been since December 2006. 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: N/A WHEREFORE, Plaintiff :requests that this Honorable Court to grant primary physical custody to Father with nights of partial physical custody to Mother. Tl1e parties will share legal custody. Respectfully submitted, ILKHANOFF & SILVERSTEIN. P.C. Bernard Illfilnoff, Esquire 249 South Mari Street Shrewsbury, Pennsylvania 17361 (717) 227-1115 Supreme Court I.D. Number: 81844 Attorney ;For Plaintiff 3 VERIFICATION This Verification of the attorney is being attached hereto because the Verification of the Petitioner cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Petitioner will be filed as soon as obtained. Date: .. S' C f Bernard l noff, Esquire ---- BRETT COY V. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2008-3120 CIVIL ACTION LAW SUMMER COY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, May 22, 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 _ Tuesday, June 24, 2008 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. 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 I. Man an 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Vm Son 5o- VCS. :?o er- ." - Vzf C3;- .0 .. BRETT COY, IN THE COURT OF COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUMMER COY, CUSTODY/VISITATION Defendant NO: Of- 31-20 e t ?: ( I Z, CUSTODY COMPLAINT 1. The Plaintiff is Brett Coy, currently residing at 12 C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Summer Coy, currently residing at 318 East Locust Street, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff seeks custody of the following child: NAME PRESENT RESIDENCE DATE OF BIRTH Taylor Coy 318 East Locust Street 11/21/1997 Mechanicsburg, PA 17055 The child was born in wedlock. The child is presently in the custody of the Mother. During the past five years, the child has resided with the following persons and at the following addresses: PERSONS Father Mother and Father ADDRESSES 75 River Road Mechanicsburg, PA 12 C Creekside Lane Carlisle, PA DATES 3/2001 to 12/2006 12/06 to 5/2008 ? r The father of the child is Brett Coy, currently residing at 12 C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17015. He is single. The mother of the child is Summer Coy, currently residing at 318 East Locust Street, Rear, Mechanicsburg, Pennsylvania 17055. She is single. 4. The relationship of Plaintiff to the child is that of Father. The Plaintiff currently resides with the following person: N_ RELATIONSHIPS Larry Coy Father 5. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the following person: N_ RELATIONSHIPS Linda & John Jastron Mother and Father 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. The court, term and number, and its relationship to this action is: N/A Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. The court, term and number, and its relationship to this action is: N/A 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. The name and address of such person is: N/A 2 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Father wishes to remain in his daughter's life on a permanent and consistent basis. Father enjoyed primary physical custody by agreement of the parties from March 2001 to December 2006 with Mother receiving partial physical custody every other weekend. Father now is only allowed every other weekend and this has been since December 2006. 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: N/A WHEREFORE, Plaintiff requests that this Honorable Court to grant primary physical custody to Father with rights of partial physical custody to Mother. The parties will share legal custody. Respectfully submitted, ILKHANOFF & SILVERSTEIN, P.C. Bernard Ills no , Esquire 249 South Street Shrewsbury, Pennsylvania 17361 (717) 227-1115 Supreme Court I.D. Number: 81844 Attorney for Plaintiff Y A ?- VERIFICATION This Verification of the attorney is being attached hereto because the Verification of the Petitioner cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Petitioner will be filed as soon as obtained. Date: 0f Bernard I off, Esquire X31 _ R? ? CSI " 3- rn _ ' D . ? rte 1-1 5 -c BRETT COY, IN THE COURT OF COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUMMER COY, CUSTODYNISITATION Defendant NO: 08-3120 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attorney's Verification, which was filed with the Custody Complaint in the above-entitled custody action, with the attached Verification signed by the Plaintiff, Brett Coy. Respectfully submitted, ILKHANOFF & SILVERSTEIN, PC Bernard Il off, Esquire Supreme urt Number: 81844 249 South Main Street Shrewsbury, Pennsylvania 17361 (717) 227-1115 Attorney for Plaintiff May 08 08 08:40a Ilkhanoff & Silverstein VERIFICATION 717-227-9980 I 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. .? av o Date Brett Coy p.13 BRETT COY, IN THE COURT OF COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SUMMER COY, CUSTODYNISITATION Defendant NO: 08-3120 CERTIFICATE OF SERVICE I hereby certify that on this 23 day of May 2008, I have provided a copy of the foregoing Praecipe to Substitute Verification with regard to the above-captioned matter to: Summer Coy 318 East Locust Street Mechanicsburg, Pennsylvania 17055 Bernard Ilk*off, Esquire ° <7 z .. 7i j_ ? ni . N -zi ,_ . BRETT COY, V. JUL 0 8 2008 l'? LJ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3120 CIVIL ACTION LAW SUMMER COY, Defendant IN CUSTODY ORDER OF COURT AND NOW this day of July 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Brett Coy, and the Mother, Summer Coy, shall have shared legal custody of Taylor Cot, born 11/21/1997. The parties shall have an equal right 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 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's physical custody as follows: a. During the school year, Father shall have physical custody of Taylor three weekends per month from Friday 6:00 pm until Monday morning. Father shall pick up Taylor on Friday from Mother's residence and drop Taylor off at school Monday morning. Additionally, during the school year, Father shall have at least one evening per week from 6:00 pm until 8:00 pm, in the absence of mutual agreement, Father's evening shall be on Wednesday. b. During summer vacation, commencing July 11, 2008 (and exclusive to 2008), Father and Mother shall share physical custody pursuant to a week on/week off schedule with Father to start on Friday 6:00 pm until the following Friday at 6:00 pm. C. Commencing summer 2009 and in subsequent summers, Father shall have physical custody of Taylor subject to Mother's physical custody one weekend per month from Friday 6:00 pm until Sunday 6:00 pm. 3. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 4. Transportation obligations shall be shared with the non-custodial parent picking up the Child absent mutual agreement. In the absence of agreement, the summertime exchanges shall occur off of route 83, exit 41 at the McDonald's. 90 ;6 WV 01 In 0401 kt?'v'IUNt ; ,L id :IIHI ?O • 4 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 6. Each parent shall have two non-consecutive weeks of vacation with the Child per year. The requesting parent shall give the other parent 30 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 parry 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 this vacation time by mutual agreement. 7. In the event the custodial parent should take the Child 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. 8. Neither party may say or do anything nor permit a third parry 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. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 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. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The Child shall not be transported by anyone that is under the influence of alcohol or non-prescribed controlled substances. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this paragraph. 11. 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. Distribution: Grace D'Alo, Esq. Bernard Ilkhoff, Esq., 249 South Main Street, Shrewsbury, PA 17361 John J. Mangan, Esq. By the Court, HOLIDAYS AND SPECIAL DAYS TFAES EVEN YEARS ODD YEARS Easter Da 0 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Da From 9 am until 9 m Mother Father Independence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanksgiving Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Da Mother Father Christmas 1S Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination Mother Father Mother's Day 11 From 9 am until 9 m Mother Mother Father's Day I From 9 am until 9 m Father Father . .. A BRETT COY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-3120 CIVIL ACTION LAW SUMMER COY, IN CUSTODY Defendant CUSTODY CONCILIATION SUNEKARY 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 Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody Taylor Coy 11/21/1997 Primary Mother 2. A Conciliation Conference was held with regard to this matter on July 8, 2008 with the following individuals in attendance: The Mother, Summer Coy, with her counsel, Grace D'Alo, Esq. The Father, Brett Coy, with his counsel, Bernard Ilkhanoff, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 711611( Date Jo gan, Esquire Cu ody onciliator