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HomeMy WebLinkAbout99-04748 V) Sq 1_W v J FT777., HANK P. DONOVAN, SR. IN THE COURT OP COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL. ACTION LAW IN CUSTODY AND NOW, Wednesday July 25 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Thursday, August 30, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age rive 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/ Hubert L Gilroy. &q /_2!?>_ 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 7a7 Di ?? ?q?, ?++?s x'43`" 5<5G 6??o,.E?l Lill ' - UU I' HANK P. DONOVAN, SR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN, Defendant/Petitioner AND NOW, this day of CIVIL ACTION - LAW NO. 99-4748 CIVIL TERM IN CUSTODY , 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy. Esquire, the conciliator, at the Cumberland County Courthouse. Fourth Floor. Carlisle. Cumberland County. Pennsylvania, on the 3-e day of fit, 2001, at 10:30 a.m., for a Pre-Hearing Custody Conference. At such conference an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order. BY THE COURT: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue CARLISLE, PA 17013 (717) 240-3166 HANK P. DONOVAN, SR., Plaintiff/Respondent V. MICHELE L. DONOVAN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL TERM IN CUSTODY PETITION FOR MODIF[ ATION OF CUSTODY AND SPECIAL REi IE IN THE FORAM OF ATTORNi? Y' FF AND NOW comes Petitioner, Michele L. Donovan, by and through her counsel of record, Bradley L. Griffie, Esquire, and Petitions the Court as follows: 1. Your Petitioner is Michele L. Donovan, the above named Defendant, and an adult individual currently residing at 233 Southside Drive, Newville, Cumberland County, Pennsylvania. 2. Your Respondent is Hank P. Donovan, Sr., the above named Plaintiff, and an adult individual currently residing at II Grove Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of two (2) children, namely, Hank P. Donovan, Jr., born May 25, 1994, and Taylor Leigh Donovan, born October 3, 1999. 4. The parties are subject to various Orders of Court relative to the custody of their one child, Hank P. Donovan, Jr., with a copy of the relevant Orders dated March 22, 2001, November 8, 2000, and September 29, 1999, being attached hereto and incorporated herein by reference as Exhibit "A," "B," and "C," respectively. 5. The within custody proceedings were initiated by Respondent in late August 1999 following the parties' separation in July 1999, wherein Father filed a Petition for Custody in the exact form that is presently pending before the Court. 6. Following conciliation, a comprehensive Order was agreed upon, which included the parties' agreement to participate in a psychological evaluation with Guidance Associates, that Order being the Order dated September 29, 1999. 7. Following receipt and review of the report of Guidance Associates, dated March 27, 2000, the parties simply continued to abide by the Order of September 29, 1999, as the terms of that Order were consistent with the recommendations of Guidance Associates. 8. On or about August 31, 2000, Respondent filed his annual Petition for Custody in the exact same form as was filed in August 1999 without even identifying the fact that a prior Order existed, that there were prior proceedings in this matter, or that any circumstances had changed that would suggest a change in primary custody is appropriate. 9. Following the conciliation, on November 2, 2000, the Court's Order of November 8, 2000, which is attached hereto and incorporated herein by reference as Exhibit "B" was entered providing for an updated psychological evaluation through Guidance Associates, a subsequent conciliation and a prospective hearing on Father's request for primary custody. 10. The hearing in the above captioned matter was scheduled for February 12, 2001, and rescheduled to April 16, 2001, as a conciliation was held on March 15, 2001. 11. As a result of the conciliation on March 15, 2001, Petitioner withdrew his request for a hearing, canceling the April 16, 2001, hear to allow the parties to attempt to resolve their disputes through mediation with Guidance Associates, as identified in the Court's Order of March 22, 2001. 12. In the late spring and early summer of 2001 the parties were able to resolve their divorce and related economic issues through agreement, which has allowed the divorce and final issues to be resolved and put behind the parties. 13. Contemporaneously with resolving those issues, Father again has filed his annual Petition for Custody in the exact same form as was filed in the summer of 1999 and the summer of 2000, making no additional claims of changed circumstances and filing to recite the fact that there were prior Orders and proceedings in this matter. 14. In addition to the filing of Respondent's annual Petition for Custody, Respondent had filed a Petition for Contempt on October 26, 2000, causing a conciliation to be scheduled for December 8, 2000, which ultimately was withdrawn by Respondent, but which required Petition to file an Answer and incur additional costs for legal services. 15. Petitioner has consistently provided Respondent with additional periods of time with the child Hank, has provided for vacation periods in the past two summers, even though no such vacation time was provided in the parties' Orders, and has otherwise attempted to avoid the ongoing, repeated and cumulative cost of litigation and confrontation that has resulted from Respondent's four Court filings within less than two years. 16. Respondent's conduct with his son has likewise shown a desire to maintain conflict in Petitioner's and her children's lives, which has resulted in ongoing difficulties for the parties' son. 17. Respondent has made ongoing decisions relative to his son's care, which have exhibited either an inability of Respondent to understand the needs and best interest of the child or a refusal to provide for those best interests. 18. The two evening per week periods of partial custody which Respondent enjoys on Tuesday and Wednesday evening from 6:00 p.m. to 8:00 p.m. are extremely disruptive to the child, have made it difficult for the child due to Respondent's refusal to provide proper parenting, and have made it difficult for Petitioner to maintain a consistent environment for the child, all of which has lead to a detrimental impact on the child. 19. It is in the best interest of the child to terminate the Tuesday and Wednesday evening visits with Respondent. 20. The ongoing efforts of Respondent to maintain litigation and confrontation is done solely for purposes of depleting Petitioner's very limited assets, to create additional expense and ongoing disruption in her and her children's lives, and avoiding child support. 21. Respondent's present Petition for Custody, which is the exact same Petition he has filed on two prior occasions with the exception of a change of dates on the document, fails to suggest any reason whatsoever that his request for Custody would be in the child's best interest after a two year status quo of being in Petitioner's primary Custody. 22. Respondent's present Petition for Custody, which is the exact same Petition he has filed on two prior occasions, fails to identify any basis for Respondent to have primary physical custody of the child in a situation that would separate the child from his full blood sibling. 23. Following the parties' mediation with Guidance Associates that was performed in an effort partially to assist the parties in communication and partially to develop a common parenting pattern, Respondent resorted to litigation rather than any ongoing efforts to civilly resolve the differences between the parties. 24. Respondent apparently has financial resources available through his paramour or through his extended family and is using those resources to bankrupt Petitioner. 25. Petitioner has been obligated to secure legal counsel and pay for legal services in order to protect her legal interest and the best interest of her children, all of which fees should not have been incurred and would be unnecessary but for Respondent's ongoing efforts to maintain litigation and confrontation in these proceedings. WHEREFORE, Petitioner requests your Honorable Court to enter an Order: a.) Modifying the prior Orders in this matter to eliminate Father's periods of partial custody on Tuesday and Wednesday evening with the parties' one child, Hank P. Donovan, Jr.; b.) Providing for Respondent to compensate Petitioner for her attorney's fees associated with her defense of his Petition for Custody which has been filed by Respondent; c.) Such other relief as the Court deems just and proper. submitted, rftef'nryfor Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE:,- \C\-O\ MICHELE L. 90NOVAN, Defendant/Petitioner `iaR 21 ?00-i HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant IN CUSTODY COURT ORDER n AND NOW, this day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The hearing scheduled in the above case for April 16, 2001 at 9:30 am. is cancelled. The matter is continued generally pending a future Custody Conciliation Conference which will be scheduled when requested by legal counsel for the parties. The hearing on the merits of this case, if necessary, will be conducted after a fiuther Custody Conciliation Conference. 2. The parties will continue under the existing Custody Order. Additionally, the parties will continue to work with Guidance Associates in connection with the current evaluationtmediation that Guidance Associates is performing. It is specifically noted that Dr. Schneider of Guidance Associates should include in any report that he authors in this matter a conclusion as to whether Father's periods of temporary custody should be expanded beyond the existing order. It is noted that Father is requesting that the current Tuesday and Wednesday evening custody timeframes be expanded to overnights. 3. Counsel for the parties may contact the Conciliator via telephone to schedule another Conciliation Conference if necessary. BY THE COURT, 15 J J. Wesley 0-ler,#. cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire TRUE CCr-:' 7r' RECORD In Testi y whc :? set my hard and th 1 of said ` -/iC::iisle, Pa. Thi ..... t?. ... of y? t ' I a (Z ., tlronolary EXHIBIT "A" HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4748 CIVIL 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 child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., born May 25, 1994. 2. A Conciliation Conference was held on March 15, 2001, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties agree to the entry of an order in the form as attached. 3/? W &I DATE Hubert X. tlroy, Esquire Custody Conciliator I HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 0 ? day of November, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: I. The parties shall submit themselves to an updated custody evaluation to be performed by Guidance Associates. The cost of this evaluation shall be paid for by the Father. It is requested that this evaluation be completed by Tuesday, January 9, 2001, with the report on the evaluation to be furnished to counsel for both parties. 2. The parties shall meet again for a Custody Conciliation Conference on Thursday, January 11, 2001. 3. A hearing is scheduled in this case on Monday, February 12, 2001 at 9:30 am. in Courtroom No. 1 of the Cumberland County Courthouse. In the event a hearing is not required after the parties meet for a second Conciliation Conference, the Conciliator shall notify the Court. In the event a hearing is required, the Conciliator shall recommend to the Court an appropriate Order with respect to the filing of a pre-hearing memorandum. 4.. Pending further order of this Court, this Court's prior temporary Order of September 29, 1999 shall remain in effect subject to the following additional modifications: A. Both parties shall exchange information with the other parent with respect to all matters relating to the child's educational, religious, social, and emotional issues, with all professionals dealing with the child having the ability to provide information to both patents. Specifically, in the event the child is currently in counseling that has been arranged by the Mother, the Mother shall provide Father with all information relating to that counselor and any counselor cunently working with the child is hereby authorized to communicate with the Father with respect to these counseling sessions. Furthermore, any such counselor is hereby authorized to share with Guidance Associates the information concerning the counseling so that Guidance Associates can have the appropriate information for their evaluation. EXHIBIT "B" BY THE COURT, s J. J. W sley Oler, Jr. cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire TVIE COPY FROM RECCRD In Testimony whereof, I h-ra unto set r-i% hand gm N.Q.Y...., Pr hanetary _ 4 .3 HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994748 CIVIL 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 child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., born May 25, 1994. 2. A Conciliation Conference was held on November 2, 2000, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties had a Conciliation Conference in September of 1999 at which time they agreed upon a temporary order and then went to a custody evaluation before Dr. Stanley Schneider. Father now suggests that certain circumstances have changed that would require a revisiting of the custody order and possibly affording Father additional time with the minor child. Along those lines, Father is also suggesting that Dr. Schneider should revisit the evaluation and update that for purposes of a possible court hearing. 4. The parties would like to get this matter scheduled for a court hearing and proceed with an evaluation in the meantime. 5. The Conciliator recommends the entry of an order in the form as attached. / Gc GO ?,?, L DATE Hubert X. Gilroy, Es ' e Custody Conciliato SEP 2 4 19990 HANK P. DONOVAN. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant M CUSTODY COURT ORDER AND NOW, this Z day of September, 1999, upon consideration of the attached Custody Conciliation Report, the following temporary custody order is entered: i. The Father, Hank P. Donovan, and the iviother, Michele L. Donovan, shall enjoy shared legal custody of Hank P. Donovan, Jr., born May 25, 1994. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 p.m. B. On every Tuesday and Wednesday evening from 6:00 p.m. until 8:00 p.m. C. At such other times as agreed upon by the parties to include shared major holidays pursuant to an agreement between the parties. 4. The parties shall undergo a custody evaluation to be performed by Guidance Associates. Father shall pay the costs of the evaluation. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, either parry may petition to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, cc: Marcus A. McKnight, III, Esq. Kristen Goddard Donsen, Esq. EXHIBIT "C" i \ J. I . _.h..~ a 9? , ..7 t::9CCta1?? HANK P. DONOVAN, Plaintiff MICHELE L. DONOVAN, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 994748 CIVIL 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: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., bom May 25, 1994. 2. A Conciliation Conference was held on September 23, 1999, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, Esquire; and the Mother, Michele L. Donovan, with her counsel, Kristen Goddard-Donsen, Esquire. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Custody C J f 7 tk c6 M i 1470^? tt \ 1 V HANK P. DONOVAN, SR. Plaintiff V. MICHELE L. DONOVAN, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVILTERM IN CUSTODY CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire, hereby certify that I did, the 'y day of August, 2001, cause a true and attested copy of Defendant's Petition for Modification of Custody and related Order of Court to be served upon the following by first class mail, postage prepaid: Hank P. Donovan, Sr. c/o Marcus A. McKnight, 111, Esquire 60 West Pomfret Street Carlisle, PA 17013 DATE: J Z Grp e Esquire r or %n, d III ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 } Q1 C ~• J Cl- n -) 2 Q ?? o? zill 04 N 1, Sm a . ty U k V) w a ?U U w m i '?? ? 0 LL y mN' 1 O. ? a q Z `" F S W w [pfF[??s77 ???-{{ p{ayd W i i W Ti P4 A\V\ J LAW OFFICES y >,..,ii-X ,,?: n?G, HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-4749 CIVIL. TERM MICHELE L. DONOVAN, Respondent IN CUSTODY ORDER OF COUR'C AND NOW, this \a__ day of, __ 1999, upon consideration of the attached petition, it is hereby directed that the ics and their respective counsel appear before f Esquire, the conciliator, at_14e u? 00r X511 rc?'^? ?1 Y1-, on the a day of 1999 at IMAM. 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 this conference may provide grounds for entry of a temporary or permanent order. By the Court, By _I'i11?, ? ?1 r Custody Conciliator YOU SHOULD TAKE. THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 ., , ?.::. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. HANK P. DONOVAN, : IN THE. COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99- CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this __day of August 1999, comes the Petitioner, Hank P. Donovan, by his attorneys, Irvin, McKnight and Hughes, and presents the following Petition for Custody. The petitioner is Hank P. Donovan, an adult individual residing at I I Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. The respondent is Michele L. Donovan, an adult individual residing 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., born May 25, 1994, age 5 years. 5. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Date: August 5 '1999 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of thir action. 1 have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. HANK P.DONOVAN %( Date, 1999 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of thir action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. HANK P.DONOVAN Date- 1999 SEP 2 4 1999V HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL IN CUSTODY COURT ORDER AND NOW, this f day of September, 1999, upon consideration of the attached Custody Conciliation Report, the following temporary custody order is entered: 1. The Father, Flank P. Donovan, and the Mother, Michele L. Donovan, shall enjoy shared legal custody of Hank P. Donovan, Jr., bom May 25, 1994. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 P.M. B. On every Tuesday and Wednesday evening from 6:00 p.m. until 8:00 p.m. C. At such other times as agreed upon by the parties to include shared major holidays pursuant to an agreement between the parties. 4. The parties shall undergo a custody evaluation to be performed by Guidance Associates. Father shall pay the costs of the evaluation. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, either party may petition to have the case again scheduled with the Custody Conciliator for a Conference. RV TPP rr)l IRT cc: Marcus A. McKnight, III, Esq. Kristen Goddard Donsen, Esq. A 1P cu,., ,c f: ;%;` ''a'il' HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL 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 child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., bom May 25, 1994. 2. A Conciliation Conference was held on September 23, 1999, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, Esquire; and the Mother, Michele L. Donovan, with her counsel, Kristen Goddard-Donsen, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. Custody C HANK P. DONOVAN 1N TIM COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 11th day of September , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on the 2nd day of November , 2000, at 8:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Harbert X Gilroy- &q.. Custody Conciliato or 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 03 -cam fst?r ? r,f I Y6u q4y L°' z {r. c 4 ,Ij ?apM 1 3M'?M'?5?"?} ? a, _ t t4 IDfIJ?J •r?gt,,?M?'Y b» s".,.:fin t iA; 4 r? yx s• t ?Y`°f?? ti 4 t'j7(' `tee t? !'? hW ?+ All IT, Iq ! i 45 Lzn ^I ..? 5h it ){ ?a Y s e , tlt ? -t't, t, h rs1'c>3 s srr ?'_ ol, yti s'? rc ?a` ?'tlb!k"k Y 5' -Y,Vi? r' M1 4 T x "4 M i "En r? J f M is ? r t v;' 1f.2'i? V 1 h F? f ui J S? 1„\l?d Z ? YS - {r 1\A p' 1 • i^1 G )t G 1 Y r ? LAW OFFICES Y] yfL Nt ? ?? Y S 3 ,?i1 •t! 5 ?J r a?K i c 1,1V .t aanna? r. vVl\V V AfY, Petitioner V. MICHELE L. DONOVAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-4748 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at on the day of , 2000 at . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this -d-i day of August 2000, comes the Petitioner, Hank P. Donovan, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Hank P. Donovan, an adult individual residing at 11 Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Michele L. Donovan, an adult individual residing 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., bom May 25, 1994, age 6 years. 5. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully submitted, IRWIN, MCKNIGHT & HUGHES By: for 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I. D. No. 25476 d., Date: August, 2000 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. HANK P.DONOVAN Date: -fig 2000 r., i ?'. t'- i: (. t• ri ,_ lJ HANK P. DONOVAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 27TH day of OCTOBER , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland Count Courthouse Carlisle on the 8111day of DECEMBER, 2000, at 10:30 A.M for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Harbert X Gilroy, Fsq, M2 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 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 "l- 7 . L=r) " 00 OCT 30 i it 2: 5! CU1itiLf:L'JvU COUNTY PENNSYLVANIA /0 ,30- c?0 %ja sins /o ;3? coo ??y ?? .? ? .??:? ?!-? • F x! [ f. Y.? r a 1.? f Y+y rtir t ? f ??i 4 ! fY w ?. f ?5'ir M' 1 t f v y, ,?+ 3N ? V mow.. ' ;vo=rr- 'fir" 9 !? :.? HANK P. DONOVAN, Petitioner V. MICHELE L. DONOVAN, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 994748 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this day of 2000, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before HUBERT X. GILROY, ESQUIRE, the conciliator, at 4TH FLOOR, of the CUMBERLAND COUNTY COURTHOUSE, CARLISLE, on the 2ND day of NOVEMBER 2000 at 8:30 A.M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY PETITION FOR CONTEMPT AND NOW, this 26th day of October, 2000, comes the Petitioner, Hank P. Donovan, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Contempt. The Petitioner is Hank P. Donovan, an adult individual residing at I 1 Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent is Michele L. Donovan, an adult individual residing at 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., born May 25, 1994. 4. The Petitioner has filed an action in custody seeking more time with his son. 5. The Respondent, Michele L. Donovan, took a vacation in early August with Hank P. Donovan, Jr. with a one (I) day notice to the Petitioner. A copy of correspondence to Respondent's counsel is attached hereto and marked as Exhibit "A". 6. The duration of the vacation was thirteen (13) days during which the Petitioner failed to have his scheduled periods of custody with his son. 7. Petitioner seeks an Order of Court prohibiting Respondent from taking said minor child on further vacation without proper notice to the Petitioner with the payment of reasonable legal fees as permitted by law. WHEREFORE, Petitioner, respectfully seeks a finding of contempt and the award of reasonable attorney fees against the Respondent. Respectfully submitted, IRWIN, McKN HT & HUGHES By: Marcus A. McKnight, squire Attorney for Petitioner, Hank P. Donovan 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 Date: October 26,2000 EXHIBIT A ' - LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B.IRUYN VARCUSA. ,tICKNIGHT/1/ CARLISLE, PENNSYLVANIA 17013.3222 114ROLD.S IRWI.\' //v:a-ro•n AIAIESD. /IUGIIfS (717)249-2353 /LIRUGU S. /FII'1.V. JR. (1914-1986) ' REBECCA R. HUGHES FAX (717) 249.6354 /RII LV. IRWIN&IRIVIN (19R./986) ' ,IGRRD. SCHIVARM DOUGLASG. MILLER E-MAIL: IMHLAWOSUPERNELCOM /RII IN, IRIVIN @ ,WKNIGHT (1986-190) /R111N. tIcKHIGHr& HUGHES (1994. 1 August 4, 2000 VIA FACSIMILE AND REGULAR MAIL FILE Bradley L. Griffie, Esquire Copy GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, Pennsylvania 17013 Re: Donovan v. Donovan Custody Dear Brad: You faxed me notice of your client's vacation plans at 4:51 prn on August 3, 2000, one (1) day prior to her vacation. That is not sufficient notice. I will attempt to contact him, but he may not be in a position to consent to your client's plans at this late date. Very truly yours, MAM:eem cc: Mr. Hank P. Donovan IRWIN, McKNIGHT & HUGHES /I 10 i? Macs A. cKnight, III VERIFICATION The foregoing Petition for Contempt is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. HANK P.DONOVAN Date: OCTOBER 26 - 2000 HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Contempt was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 IRWIN, McKNIGHT & HUGHES By: Marcu A. McKnight, III, Esq ' e 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 26, 2000 uin c y.. c: J? 3 . y ,?_ .. ?...-- k_ C?.. f J J ?? ?% . 7 i G ?- u. ,? C? ? V HANK P. DONOVAN, Plaintiff VS. MICHELE L. DONOVAN, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL TERM IN CUSTODY ANSWER TO PE't'MON FOR nNTEMPT 1. Admitted. 2. Admitted. 3. It is denied that the parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., born May 25, 1994. It is averred rather that the parties are the natural parents of two minor children, namely, Hank P. Donovan, Jr., born May 25, 1994, and Taylor Leigh Donovan, born October 3, 1999. 4. Admitted. 5. Denied. It is denied that Michele took a vacation in early August with Hank P. Donovan, Jr. with one day notice to Petitioner. It is averred rather that Respondent, Michele L. Donovan, discussed the vacation plans with the Petitioner, Hank P. Donovan, Sr. It is further averred that Respondent requested her counsel to notify Petitioner through counsel of the vacation plans to make sure notification to Petitioner was documented; a copy of correspondence from counsel for Respondent to counsel for Petitioner notifying him of the vacation plans is attached hereto and incorporated herein by reference as Exhibit "A". 6. Denied. It is denied that the duration of the vacation was 13 days. It is averred rather that the vacation lasted 10 days. It is further averred that what Petitioner "lost" by way of scheduled time with his son was one weekend visit and one evening visit, for which Respondent offered make-up time. 7. Admitted in part and denied in part. It is admitted that Petitioner seeks the relief requested. It is denied that the relief requested is appropriate. It is further averred that the parties are scheduled for a conciliation conference on November 2, 2000, at which time the issue of notification for vacations can be addressed and the Order can provide for notice by both parties. It is denied that there is any basis for legal fees to be paid by Respondent to Petitioner based upon the filing of a Petition for Contempt when the conciliation was already scheduled where this issue could be addressed. It is further noted that the Petition for Contempt is filed more than two months subsequent to the claimed incident. It is further averred that Petitioner has filed the Petition for Contempt as a means of securing revenge against Respondent for her ongoing objection to conducting paternity tests relative to the parties' daughter, Taylor Leigh Donovan. WHEREFORE, Petitioner requests your Honorable Court to dismiss Petitioner's Petition for Contempt. Respectfully submitted, GRIFFIE & ASSOCIATES . GrifSe, Esquire meyfor Respondent 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: MICHELE L. DONOY ?^? ? ? .1 ? 7 ??(J ?'.1f/ i n„ / ? ?/; ^ ? C/ij ii,?'' v!,, ?QIFFIE &. ASSOCIAf'(;S Attorneys and Counselors At Law Bradley L. Griffe, Esquire 200 North Hanover Street Carible, PA 17013 (717) 24}5551 1(800) 347-5552 FAX (717) 243-5063 Replyto: Carlisle August 3, 2000 Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: Donovan vs. Donovan Dear Marcus: 38 North Naha Stmt Cbambenbar8, PA 17101 (7M 267.1350 Roble J. Gotham Lead Aubtant My client just telephoned me to advise me of her vacation plans. These plans were provided to Mr. Donovan, but my client thought it might be best if I confirm with you that she will be on vacation with the children from August 4'b until August 13'h. This means that she will have the children for the weekend of August 11, 12, and 13, which is actually Mr. Donovan's weekend. She proposes that Mr. Donovan have his son for the weekend of the I Sib, 19'h and 20" to make up for the loss of his weekend. That means my client will have the children two weekends in a row for vacation and Mr. Donovan will then have the children two weekends in a row thereafter. As I indicated, I think this is something Ms. Donovan already discussed with Mr. Donovan at last night's drop-off. Very truly yours, Bradlev L. L'JriffieI J/ BLG/rjg cc: bfichele L. Donovan VIA FACSiM1I-E &: US MALI. Exhibit "A" ?y C;? = -^ciY 00!.01-_ t, i &:20 NqV 7?.00 HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHELE L. DONOVAN, : NO. 994748 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this ?'1 r day of November, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves to an updated custody evaluation to be performed by Guidance Associates. The cost of this evaluation shall be paid for by the Father. It is requested that this evaluation be completed by Tuesday, January 9, 2001, with the report on the evaluation to be furnished to counsel for both parties. 2. The parties shall meet again for a Custody Conciliation Conference on Thursday, January 11, 3. A hearing is scheduled in this case on Monday, February 12, 2001 at 9:30 a.m. in Courtroom No. 1 of the Cumberland County Courthouse. In the event a hearing is not required after the parties meet for a second Conciliation Conference, the Conciliator shall notify the Court. In the event a hearing is required, the Conciliator shall recommend to the Court an appropriate Order with respect to the filing of a pre-hearing memorandum. 4. Pending further order of this Court, this Court's prior temporary Order of September 29, 1999 shall remain in effect subject to the following additional modifications: A. Both parties shall exchange information with the other parent with respect to all matters relating to the child's educational, religious, social, and emotional issues, with all professionals dealing with the child having the ability to provide information to both parents. Specifically, in the event the child is currently in counseling that has been arranged by the Mother, the Mother shall provide Father with all information relating to that counselor and any counselor currently working with the child is hereby authorized to communicate with the Father with respect to these counseling sessions. Furthermore, any such counselor is hereby authorized to share with Guidance Associates the information concerning the counseling so that Guidance Associates can have the appropriate information for their evaluation. YLE N."N' SYLVAN A ti J cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire BY THE COURT, J. esley Oler,dt_ Qow? CA SLR d. 11-9.40 ??s HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., born May 25, 1994. 2. A Conciliation Conference was held on November 2, 2000, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties had a Conciliation Conference in September of 1999 at which time they agreed upon a temporary order and then went to a custody evaluation before Dr. Stanley Schneider. Father now suggests that certain circumstances have changed that would require a revisiting of the custody order and possibly affording Father additional time with the minor child. Along those lines, Father is also suggesting that Dr. Schneider should revisit the evaluation and update that for purposes of a possible court hearing. 4. The parties would like to get this matter scheduled for a court hearing and proceed with an evaluation in the meantime. 5. The Conciliator recommends the entry of an order in the form as attached. .4 a4 d2 DATE Hubert X. Gilroy, Es ire Custody Conciliato HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE. L. DONOVAN,: Defendant NO. 99-4748 CIVIL TERM ORDER OF COURT AND NOW, this 17`x' day of January, 2001, upon agreement of counsel, the hearing previously scheduled in this matter for February 12, 2001, is rescheduled to Monday, April 16, 2001, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Hubert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 Custody Conciliator Wesley Ole, 1 :rc MAR21 mig HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 22n 1 day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The hearing scheduled in the above case for April 16, 2001 at 9:30 a.m. is cancelled. The matter is continued generally pending a future Custody Conciliation Conference which will be scheduled when requested by legal counsel for the parties. The hearing on the merits of this case, if necessary, will be conducted after a further Custody Conciliation Conference. 2. The parties will continue under the existing Custody Order. Additionally, the parties will continue to work with Guidance Associates in connection with the current evaluation/mediation that Guidance Associates is performing. It is specifically noted that Dr. Schneider of Guidance Associates should include in any report that he authors in this matter a conclusion as to whether Father's periods of temporary custody should be expanded beyond the existing order. It is noted that Father is requesting that the current Tuesday and Wednesday evening custody timeframes be expanded to overnights. 3. Counsel for the parties may contact the Conciliator via telephone to schedule another Conciliation Conference if necessary. cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire BY THE COURT, ley Ole;, J? ?J CU • ova HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99-4748 CIVIL 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., bom May 25, 1994. 2. A Conciliation Conference was held on March 15, 2001, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, 111, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties agree to the entry of an order in the form as attached. DATE Hubert X. ilroy, Esquire Custody onciliator HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, Defendant No. 99-4748 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of October, 2001, upon consideration of the matter of custody on a temporary basis of the parties' child, Taylor Lee Donovan (date of birth, October 3, 1999), and pursuant to an agreement reached in open court between the parties and their counsel, it is ordered and directed as follows: 1. The father, Hank P. Donovan, Sr., will have supervised custody of his daughter at the YWCA from 5:00 p.m. to 6:00 p.m. on Wednesday, October 31. 2. Thereafter, he will have unsupervised custody of his daughter on Sunday, November 4, from 3:00 p.m. in the afternoon until 8:00 p.m. in the evening, when he'll return the child to the Defendant mother. 3. Plaintiff father will have an additional period of unsupervised physical custody of his daughter on Sunday, November 18, from 9:00 a.m. in the morning until 8:00 p.m. in the evening, when he'll return the child to the Defendant mother. Further proceedings relative to father's periods of partial custody will be determined along with ?? ?.. ?? Veil other matters being presented to the Court at a hearing on November 21, 2001. By the Court, Vv ? J.?Wesley Ol r, Jr., Marcus A. McKnight, III, Esquire For the Plaintiff Bradley L. Griffie, Esquire S For the Defendant wcy AUc s. zooivp HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO.99-4748 CIVIL Defendant IN CUSTODY COURT ORDER 5 • te m.be/ AND NOW, this I day of , 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courlroom No. I of the Cumberland County Courthouse on the o ttk day of. G er,? _, 2001, a' /;.ko _ _e,M, The purpose of this hearing snan De solely to address the issue of whether the Father, Hank P. Donovan, may have unsupervised custody with the minor child, Taylor Leigh Donovan, bom October 3, 1999. Testimony at the hearing will be limited solely to that issue, and counsel for the parties are directed to file with the court one (1) day in advance of this hearing date a memorandum setting forth each party's position on this issue along with a list of witnesses and a summary of the anticipated testimony of each witness with regards to this sole issue. 2. A hearing on the merits of both party's petition to modify the custody order is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the -414.t day of lidixe-yr, / , 2001, at 9'_V Q.M. At this hearing, the Father, Hank P. Donovan, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall again file with the court and opposing counsel a detailed memorandum setting forth the history of custody in this case, the issues currently before the court, each party's position on those issues, a list of witnesses who will be called to testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 3. Pending further order of this court, the existing custody order shall remain in place with the following addition: r-' ? y A. The Father shall enjoy periods of temporary physical custody with the minor child Taylor Leigh Donovan, born October 3, 1999, on a supervised basis, to be arranged between the parties and the Carlisle YWCA. This shall lake place at least once per week, subject to modification by order of this court after a hearing as scheduled in Paragraph I above. BY THE COURT, J. Ile sley Oler, ,I . cc: Douglas G. Miller, Esquire Bradley L. GrifTie, Esquire MAZ?..1 e7-as:01 HANK P.DONOVAN, Plaintiff v MICHELE L. DONOVAN. Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL 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: Hank P. Donovan. Jr., bom May 25, 1994; and Taylor Leigh Donovan, born October 3, 1999. 2. A Conciliation Conference was held on August 30, 2001, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Douglas G. Miller. Esquire; and the Mother. Michele L. Donovan, with her counsel, Bradley L. Grif3ie, Esquire. 3. Both parties have filed petitions for modification of custody. This is approximately the fourth time the case has been before the conciliator, and the conciliator feels these parents need to litigate the matter before a Judge. The parties have already gone through a custody evaluation and also have undergone some mediation. 4. The younger minor child, Taylor, has never seen the Father because there was an issue (at least in the Father's mind) with respect to paternity. The parties voluntarily went through paternity testing and it was determined that the child is a child of the Father. Father now wants to start custody. Mother asserts that there are reasons why Father should only have supervised visitation. The conciliator is not in agreement with a supervised visitation arrangement for a two year old child who, in the conciliator's opinion, needs to start seeing her Father. However, the parties also need a hearing on the overall custody arrangement, and it is anticipated that such a hearing will take approximately one day. ti 5. The Conciliator recommends the entry oran order in the form as attached which will include a recommendation that a short hearing be scheduled as soon as a judge is available for purposes ot'deciding whether Father should have unsupervised custody with the minor child Taylor, with the second hearing scheduled to allow one day fir purposes ol'a hearing on the merits in this case. DATE Hubert X. Giln Custody Conci HANK P. DONOVAN IN TTiE COURTOF COMMON PLEAS OP PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW . IN CUSTODY AND NOW, Wednesday, June 27, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse Carlisle on Thursday, August 02, 2001 at 9:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry 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/ Hubert X. Gilroygd?- 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 W14ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ??' .11? ? ?a,? ?oi ?' ? J i 41 r fi n r v t < f t 1 1 - , D r r f if I I C M ? o Z. YA r S L ?+f5 pgk 9 rn; r l? ? `( ?`Y'SV1,N 7 x'S? f ?y-yf dry Cx F Ca ?. 3n a? %}, r Q F fA U 0 w 0 H PHI V c1c flyL?F Nn, v, P Itiu ?# t Fury'.a.TTa 1 514 _ k q ?l• r Y}tf r rt ? tll ??y f }? ,?. 53 ? ? $Pj A d r'1?Y y tir i;rt? n -ol 4 Yk? JUN 2 6 20Dfe HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, 94 4748 CIVIL TERM Respondent IN CUSTODY ORDER OF COURT AND NOW, this day of 2001, upon consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at on the day of 2001 at _ . M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 scheduling conference or hearing. HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 994748 CIVIL TERM MICHELE L. DONOVAN, Respondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 22nd day of June 2001 2000, comes the Petitioner, Hank P. Donovan, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Hank P. Donovan, an adult individual residing at 11 Grove Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Michele L. Donovan, an adult individual residing 233 Southside Drive, Newville, Cumberland County, Pennsylvania, 17241. 3. The parties are the natural parents of one minor child, namely, Hank P. Donovan, Jr., born May 25, 1994. 5. Petitioner desires primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. 6. The best interest of the child requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody of the child and joint legal custody with periods of visitation to respondent as can be mutually arranged between the parties. Respectfully By: IRWIN, Marcu A. McKnight, III,)Esi Attom for Petitioner, ank P. Donovan 60 West rrfreEf>tfeet? Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court 1. D. No. 25476 Date: June 22, 2001 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. f' , ?..?.y HANKP.DONOVAN Date:June 22, 2001 ?JI ?.. ? r ,f ?1 ?? i '?J ?? - ?? 1 .1 ?..? 'HANK P. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, : NO. 99-4748 CIVIL TERM Defendant/Respondent : IN CUSTODY AND NOW comes Respondent, Michele L. Donovan, and files the following Answer to the Petition for Custody filed in the above captioned matter: 1. Admitted. 2. Admitted. 3. Denied as stated. It is denied that the parties are the natural parents of one (1) minor child. It is admitted that the parties are the natural parents of Hank P. Donovan, Jr., bom May 25, 1994. It is also averred, however, that the parties are the natural parents of a second child with whom the father has no relationship and has never had contact, that child being Taylor Leigh Donovan, born October 3, 1999. 4. No paragraph 4 exists in Petitioner's Petition. 5. Admitted in part and denied in part. It is admitted that the Petitioner alleges a desire to have primary physical custody of the child and joint legal custody. It is denied that this is his true intentions. Rather, Respondent avers that Petitioner has filed his Petition for Custody, which is the exact Petition for Custody filed two years ago, to harass Respondent and to deplete her limited financial resources. It is further averred by Respondent that Petitioner has made a request for primary physical custody in order to avoid paying child support for the child at issue. 6. Denied. It is, without question, denied that the best interest of the child would be to place the child in Petitioner's primary custody. It is further averred that since the parties' separation, approximately two years ago, the Petitioner has exhibited an inability to attend to the basic needs of the child and has otherwise exhibited a lifestyle and approach to parenting that has inhibited the child's growth and has created a wide variety of difficulties for the child. 7. Respondent's Answers to paragraphs 1 through 6 are incorporated herein by references as if set forth in their full text. 8. Petitioner's Petition for Custody fails to identify the fact that there are existing custody Orders: a.) The most recent of which is dated March 22, 2001, and is attached hereto and incorporated herein by reference as Exhibit "A." b.) The prior custody Order in this matter dated November 8, 2000, is attached hereto and incorporated herein by reference as Exhibit "B." c.) The prior custody Order in this matter dated September 29, 1999, is attached hereto and incorporated herein by reference as Exhibit "C." WHEREFORE, Petitioner requests your Honorable Court to dismiss Petitioner's Petition for Custody. ly submitted, E . Gr' ie, Esquire ey for efendant/Res, FFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE-2, ?o _C? MICHELE L. DONOVAN, Defendant/Respondent HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant 200'1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4748 CIVIL IN CUSTODY LOUR-- T ORDER AND NOW, this n day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The hearing scheduled in the above case for April 16, 2001 at 9:30 a.m. is cancelled. The matter is continued generally pending a future Custody Conciliation Conference which will be scheduled when requested by legal counsel for the parties. The hearing on the merits of this case, if necessary, will be conducted after a further Custody Conciliation Conference. 2• The parties will continue under the existing Custody Order. Additionally, the parties will continue to work with Guidance Associates in connection with the current evaluation/mediation that Guidance Associates is performing. It is specifically noted that Dr. Schneider of Guidance Associates should include in any report that he authors in this matter a conclusion as to whether Father's periods of temporary custody should be expanded beyond the existing order. It is noted that Father is requesting that the current Tuesday and Wednesday evening custody timefrarnes be expanded to overnights, 3. Counsel for the parties may contact the Conciliator via telephone to schedule another Conciliation Conference if necessary. BY THE COURT, IS J. J. AesleyOlier, cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire TRUE COP'-' RECORD In Testi whC ^1 set my hand and th I of said " r Ca; lisle, Pa. Thi ......91. of mClf2.., EXHIBIT "A" .. M HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 4748 CIVIL 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: The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., bom May 25, 1994. 2. A Conciliation Conference was held on March 15, 2001, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties agree to the entry of an order in the form as attached. 'W'gwo DATE Hubert X. tlroy, Esquire Custody Conciliator HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, : NO. 994748 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this 0 ? day of Novemb:., 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves to an updated custody evaluation to be performed by Guidance Associates. The cost of this evaluation shall be paid for by the Father. It is requested that this evaluation be completed by Tuesday, January 9, 2001, with the report on the evaluation to be furnished to counsel for both parties. 2. The parties shall meet again for a Custody Conciliation Conference on Thursday, January 11, 2001. 3. A hearing is scheduled in this case on Monday, February 12, 2001 at 9:30 am. in Courtroom No. 1 of the Cumberland County Courthouse. In the event a hearing is not required after the parties meet for a second Conciliation Conference, the Conciliator shall notify the Court. In the event a hearing is required, the Conciliator shall recommend to the Court an appropriate Order with respect to the filing of a pre-hearing memorandum. 4.- Pending further order of this Court, this Court's prior temporary Order of September 29, 1999 shall remain in effect subject to the following additional modifications: A. Both parties shall exchange information with the other parent with respect to all matters relating to the child's educational, religious, social, and emotional issues, with all professionals dealing with the child having the ability to provide information to both parents. Specifically, in the event the child is currently in counseling that has been arranged by the Mother, the Mother shall provide Father with all information relating to that counselor and any counselor currently working with the child is hereby authorized to communicate with the Father with respect to these counseling sessions. Furthermore, any such counselor is hereby authorized to share with Guidance Associates the information concerning the counseling so that Guidance Associates can have the appropriate information for their evaluation. EXHIBIT "B" BY THE COURT, 16f.-A..,ni.., J. S J. J. W sley Oler, Jr. cc: Marcus A. McKnight, III, Esquire Bradley L. Griffie, Esquire TRIJE COPY FROM RECORD In Testimony whereof, I h,:ra onto s?t my hand and th seal cf sa;d r:•: at arii;!a, Pa. rhi .....:.. r.Q HANK P. DONOVAN, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-S(b), the undersigned Custody Conciliator submits the following report: I • The pertinent information pertaining to the child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., born May 25, 1994. 2. A Conciliation Conference was held on November 2, 2000, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, III, Esquire; and the Mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties had a Conciliation Conference in September of 1999 at which time they agreed upon a temporary order and then went to a custody evaluation before Dr. Stanley Schneider. Father now suggests that certain circumstances have changed that would require a revisiting of the custody order and possibly affording Father additional time with the minor child. Along those lines, Father is also suggesting that Dr. Schneider should revisit the evaluation and update that for purposes of a possible court hearing. 4. The parties would like to get this matter scheduled for a court hearing and proceed with an evaluation in the meantime. 5. The Conciliator recommends the entry of an order in the form as attached. (t G D a4 DATE Hubert' Gilroy, Es ' e Custody Conciliato SEP 2 4 1993 HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this ?G day of September, 1999, upon consideration of the attached Custody Conciliation Report, the following temporary custody order is entered: I. T ne Father, Hank P. Donovan, and the iviuther, iViichele L. Donovan, shall e :joy shared legal custody of Hank P. Donovan, Jr., bom May 25, 1994. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weekends from Friday at 6:00 p.m. until Sunday at 8:00 P.M. B. On every Tuesday and Wednesday evening from 6:00 p.m. until 8:00 p.m. C. At such other times as agreed upon by the parties to include shared major holidays pursuant to an agreement between the parties. 4. The parties shall undergo a custody evaluation to be performed by Guidance Associates. Father shall pay the costs of the evaluation. Upon the conclusion of the evaluation and in the event the parties are unable to reach an agreement at that time, either parry may petition to have the case again scheduled with the Custody Conciliator for a Conference. BY THE COURT, J. cc: Marcus A. McKnight. III. Esq. Kristen Goddard Donsen. Esq. ...:....a?u.__ EXHIBIT "C" HANK P.DONOVAN, Plaintiff MICHELE L. DONOVAN, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL 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 child who is the subject of this litigation is as follows: Hank P. Donovan, Jr., bom May 25, 1994. 2. A Conciliation Conference was held on September 23, 1999, with the following individuals in attendance: The Father, Hank P. Donovan, Sr., with his counsel, Marcus A. McKnight, Esquire; and the Mother, Michele L. Donovan, with her counsel, Kristen Goddard-Donsen, Esquire. The parties agree to the entry of an order in the form as attached. D WE Hubert X. Custody C lr r' y a ' i? d .11 n: ^?"al I i - J SF 7a T, e i ?t I A ? ??'nYZ,lch '? q t _ b '- a rrr t'h" 10 r t , i k ? ^Vl?yx ? Ri ... ytf' W ??Q}{k Y (( ?{J~ljtti '? ID l L k.{ k y dX ??' SE' ?, it x. 1}±r a , r F n i + fn0 to l' _ ? ? , V? Nyr;;?+b ial A'y'11 ' ?? } nv3 I y ' n'Jy'c'"y*.. '4f y' W}^''y]nI .'.Y or fl I' - HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-4748 CIVIL TERM MICHELE L. DONOVAN, Defendant/Respondent IN CUSTODY PLAINTIFF HANK P. DONOVAN'S PRE TRIAL MEMORANDUM AND NOW, comes the plaintiff, Hank P. Donovan, by and through his counsel, Marcus A. McKnight, III, Esquire, and files this Memorandum pursuant to the Court's Order of September 5, 2001: 1. Statement of Case: The parties are the natural parents of two (2) minor children, namely, Hank P. Donovan, Jr., bom May 25, 1994, and Taylor Leigh Donovan, bom October 3, 1999. The father has regular unsupervised physical custody of Hank P. Donovan, Jr., but only limited physical custody of Taylor Leigh Donovan. 11. Issue: Whether father will be granted additional time with Taylor Leigh Donovan. Ill. Witnesses: L Hank P. Donovan will testify as to ability to have unsupervised alternate weekend visitation with his natural child, Taylor Leigh Donovan. ?p\ IV. Position of the Father: The father requests shared legal custody of Taylor Leigh Donovan with unsupervised alternate weekend visitation with his child, Taylor Leigh Donovan, V. Estimated Length of Trial: The estimated length of trial is one-half (1/2) day. Respectfully Submitted, IRWIN, M IGH & UGHES By: Marcus c ight, , Esq. 60 West Po fret Street Carlisle, PA 103 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for defendant Hank P. Donovan Date: October 29, 2001 2 ------------ HANK P. DONOVAN, . IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 99-4748 CIVIL TERM MICHELE L. DONOVAN, Defendant/Respondent IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that on this date a true and correct copy of the Plaintiff Hank P. Donovan's Pre Trial Memorandum was served by hand delivery upon the following: Bradley L. Griffie, Esq. Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 IRWIN, By: Marcus A.tMc fight, III, u 60 West Pomfret treet Carlisle, Pennsylvama 7013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Petitioner/Defendant Ricky L. Armolt Date: October 29, 2001 3 GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradley L. Griffiie, Esquire Marylou Mats, Esquire Robin J. Goshorn Legal Assistant Reply lo: GrWle October 26, 2001 The Honorable J. Wesley Oler e Floor, Judges' Chambers Cumberland County Courthouse Carlisle, PA 17013 RE: Donovan vs. Donovan No. 994748 Civil In Custody Dear Judge Olen. 700 North Bra 8111141 CAr1YY. FA 17017 (717) 247-Ml 1(D00)747.5552 78 North Mi Dhrl Oesuhershars, FA 17701 (717) 267.1750 Po (717) 74MM Enclosed herein please find Defendant's Pre-trial Memorandum for the hearing scheduled for 1:30 p.m. on Monday afternoon, October 29, 2001. BLG/dg Enclosure cc: Marcus A. McKnight, III, Esquire Michele L. Donovan 0?? ' 9 HANK P. DONOVAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW MICHELE L. DONOVAN, NO. 99-4748 CIVIL Defendant IN CUSTODY DEFENDANT, MICHELE L. DONOVAN'S TRIAL MEMORANDUM AND NOW, comes Defendant, Michele L. Donovan, by and through her counsel of record, Bradley L. Griffie, Esquire, and files the following Memorandum pursuant to the Court's Order of September 5, 2001: A. WITNESSES: Michele L. Donovan - Ms. Donovan, who is the natural mother of the children at issue, will testify relative to the fact that Plaintiff has made no efforts whatsoever to have any contact of any nature with the child at issue, Taylor Leigh Donovan, born October 3, 1999. She will testify relative to the wide variety of opportunities that Plaintiff has had from the birth of the child through the past weeks and the lack of effort of any nature on behalf of Plaintiff to have contact with the child. She will testify to the fact that she afforded Plaintiff the opportunity to have supervised visits at the YWCA, to which the Plaintiff failed to afford himself of the opportunity for contact with the child until the past two weeks when he has had three one-hour supervised visits with the child. She will testify to the child's reaction to these visits. She will testify to the fact that there is a history of physical and sexual abuse in Plaintiffs family, which Plaintiff has personally discussed with Defendant and about which Plaintiff has expressed concern over his own ability to be assured that he would not physically or sexually abuse his children. She will also testify to the wide array of difficulties she has encountered in Plaintiffs care of the parties' son during Plaintiffs periods of partial custody and the failure for Plaintiff to provide proper supervision for that child when that child is in his care. Roxanne Keck - Ms. Keck is Plaintiffs sister. Defendant is attempting to subpoena her to have her present for the hearing to testify relative to the history of sexual abuse and physical abuse in Plaintiffs family. P9y9holoaist: Defendant is discussing with various psychologists the possibility of having generic testimony relative to the best manner in which to proceed with contact between a parent who has not seen a two-year-old child since the child's birth, to suggest from his or her professional capacity the best way to proceed with the best interest of the child in mind. B. DEFENDANT'S POSITION: The Defendant's position in this case is that Plaintiff has expressed no interest whatsoever in seeing the parties' two-year-old daughter since even prior to her birth. He initially denied paternity and demanded blood tests in the support proceedings between the parties. He failed to follow through on his request for blood tests and filed a separate Petition for Blood Tests, which was denied by the Court. When Defendant, outside of the legal proceedings, consented to blood testing, it was shown that the child is Plaintiffs daughter. Plaintiff took no action, even after that determination was made, until counsel for the parties were sitting in a Conciliation Conference on August 31, 2001. The conference was scheduled based upon the Petition Plaintiff filed to have more contact with his son. Without any prior notice, and solely for purposes of putting pressure on Defendant to give Plaintiff more time with the parties' son, Counsel for Plaintiff demanded contact with the daughter. The issue of contact with the daughter has not been raised, discussed or evaluated, despite the parties' intensive involvement in psychological evaluations, counseling and mediation through Guidance Associates. The manner in which this issue has been raised is clearly indicative of Plaintiffs interest. Therefore, Defendant's position, in keeping her daughter's best interest in mind, is that any contact between Plaintiff and the daughter, due to the circumstances of this case and the family history, should be limited and supervised. Only as those visits appear to progress and counseling suggests there are no adverse effects on the child, should the time periods increase and the supervised aspect of the visitation be eliminated. Respectfully submitted, GRIFFIE & ASSOCIATES Bradley L. Griffie, Esquire Attorney for Defendant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 HANK P. DONOVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN,: Defendant NO. 99-4748 CIVIL TERM ORDER OF COURT AND NOW, this 21" day of November, 2001, upon relation of counsel that this matter has been settled, the hearing previously scheduled for November 21, 2001, is cancelled. Marcus A. McKnight, III, Esq. Attorney for Plaintiff Bradley L. Griffie, Esq. Attorney for Defendant :rc V ? t •v - t A { BY THE COURT, HANK P. DONOVAN, SR., Plaintiff V. MICHELE L. DONOVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4748 CIVIL TERM IN CUSTODY AND NOW this 1 ` day of N m v C -"L, C_5 , 2001, upon agreement of the within named parties and upon the advice and consent of their legal counsel, IT IS HEREBY ORDERED AND DIRECTED as follows: The parties, Michele L. Donovan (hereinafter referred to as "Mother") and Hank P. Donovan, Sr., (hereinafter referred to as "Father") shall have joint or shared legal custody of their children, namely, Hank P. Donovan, Jr., born May 25, 1994, and Taylor Leigh Donovan, born October 3, 1999 (hereinafter referred to as "children" or individually as "Hank, Jr." or "Taylor"). 2. Mother will have primary physical custody of the children. 3. Father will have periods of temporary or partial physical custody of the children on the following scheduled: a. On alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 8:00 p.m. (for the weekend of November 30, 2001, through December 2, 2001 Taylor will be with Father from the period of 3:00 p.m. on Saturday, December 1, 2001, until 8:00 p.m. on Sunday, December 2, 2001.); Q i W''" % ?; , ; I ? ??1?????? "1?n?v?? DONOVAN V. DONOVAN ---- n b. On every Tuesday and Wednesday evening from 6:00 p.m. until 8:00 p.m.; and c. At other times as the parties may agree. 4. During the following holidays, the parties shall have physical custody of the children for the time periods indicated: a. On New Years Day from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for New Years Day 2002 and all even numbered years thereafter. The parties will alternate the periods for New Years Day 2003 and all odd numbered years. b. On Easter Sunday the parent who does not have physical custody of the children for that weekend shall pick up the children at 2:00 p.m. on Easter Sunday and retain physical custody of the children until 8:00 p.m. on Easter Sunday. C. On July 4ht from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for July 4, 2002 and all even numbered years thereafter. The parties will alternate the periods for July 4, 2003 and all odd numbered years. d. On Thanksgiving Day, from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for Thanksgiving Day 2001 and all odd numbered years thereafter. The parties will alternate the periods for Thanksgiving Day 2002 and all even numbered years. C. During the Christmas holiday season, the parties will alternate physical custody of the children between the periods of 6:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and from 2:00 p.m. on Christmas Day until 8:00 p.m. on December 26'". Mother will have the first period set forth above and Father will have the second period set forth above for Christmas 2001 and all odd numbered years thereafter. Father will have the first period set forth above and Mother will have the second periods set forth above for Christmas 2002 and all even numbered thereafter. 5. The children shall always be with Mother on Mother's Day and with Father on Father's Day from the period of 8:00 a.m. until 8:00 p.m. on each day. 6. During the summer vacation time, each parent shall be entitled to two (2) non- consecutive weeks of physical custody with the children for vacation purposes as well as one "long weekend" which is defined as Thursday and Friday, Friday and Monday, Qr Monday and Tuesday in conjunction with that parent's weekend. The two (2) weeks of vacation described above are defined as seven (7) days to include that party's routine weekend of physical custody. Father will notify Mother in writing by no later than May 1" of each year as to the first week of vacation that he intends to exercise for the summer. Mother shall notify Father in writing by no later than May 15"' of each year of the two weeks that she intends to exercise her two periods of vacation. Father shall notify Mother in writing by no later than May 31" of each year as to the second week of vacation that he intends to exercise. Each party shall notify the other by no later than May 31" of each year of the "long weekend" that they wish to exercise during the summer. 7. Each parent is responsible for seeing that the children attend and participate in their extracurricular activities while the children are in their custody. In the event that a parent who has custody of the child or children is unable to transport the children to their activity, they will notify the other parent within a reasonable period of time to allow the other parent to provide transportation to the activity. It is understood that in the event the parties have plans for vacations or similar special plans that conflict with a routine extracurricular activity, the parent and children may participate in their vacation or special plans. 8. Neither party will request a modification of the within Order absent a showing of a substantial change in circumstances of the children. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of both children are protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the property medical care of the children. 10. Neither party shall do anything which may estrange the children from the other party, injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love and affection for the other party. t 1. That the Court of Common Pleas of Cumberland County retains jurisdiction over the issue of custody of the children should circumstances change and the parties desire a modification of said Order. BY THE COURT, Kesleyer, J., J dge. cc: Bradley L. Griffie, Esquire C • n 1 AttorneyforDefendant 1 4`JJJ Marcus A. McKnight, Esquire ) 024' R $ Attorney for Plaintiff HANK P. DONOVAN, SR., Plaintiff V. MICHELE L. DONOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4748 Civil Term CIVIL ACTION - LAW IN CUSTODY PETITION FOR MODIFICATION OF A CUSTODY ORDER 1. The Petitioner is Hank P. Donovan, Sr., Plaintiff in the above-captioned action, and Father of the minor children, with a current address of 11 Grove Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Respondent is Michele L. Donovan, Defendant in the above-captioned action, and Mother of the minor children, with a current address of 233 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 3. The Petition of Plaintiff, Hank P. Donovan, Sr., respectfully represents that on the 28`h day of November, 2001, an Order of Court was entered for the custody and visitation of the subject minor, Hank P. Donovan, Jr. (dob 5/25/94) and Taylor Leigh Donovan (dob 10/3/99), a true and correct copy of which is attached hereto and marked as Exhibit "A". 4. It is believed, and therefore averred, that the Respondent/Defendant is represented by Bradley L. Griffie, Esquire. 5. This Order should be modified because: A. It is believed, and therefore averred, that the children are exposed to inappropriate levels of consumption of alcohol by various adults, including Mother and Mother's boyfriend while in Mother's custody. B. It is believed, and therefore averred, that the children are exposed to parties, including inappropriate levels of consumption of alcohol and fights by various adults while in Mother's custody. V. MICHELE L. DONOVAN, Defendant CIVIL ACTION - LAW : NO. 99-4748 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW this )I+hday of pYe- m Ip e q , 2001. .upon. agreement of the within named parties and upon the advice and consent of their legal counsel, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. The parties, Michele L. Donovan (hereinafter referred to as "Mother") and Hank P. Donovan, Sr., (hereinafter referred to as "Father") shall have joint or shared legal custody of their children, namely, Hank P. Donovan, Jr., born May 25, 1994, and Taylor Leigh Donovan, born October 3, 1999 (hereinafter referred to as "children" or individually as "Hank, Jr." or "Taylor"). 2. Mother will have primary physical custody of the children. 3. Father will have periods of temporary or partial physical custody of the children on the following scheduled: a. On alternating weekends from Friday evening at 6:00 p.m. until Sunday evening at 8:00 p.m. (for the weekend of November 30, 2001, through December 2, _'001 Taylor will be with Father from the period of 3:00 p.m. on Satn€ y, December 1, 2001, until 8:00 p.m. on Sunday, December 2, 2001.); HANK P DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA b. On every Tuesday and Wednesday evening from 6:00 p.m. until 8:00 p.m.; and c. At other times as the parties may agree. 4. Durte the following holidays, the,parties shab hAe`4 " for the time periods indicated: a. On New Years Day from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for New Years Day 2002 and all even numbered years thereafter. The parties will alternate the periods for New Years Day 2003 and all odd numbered years. b. On Easter Sunday the parent who does not have physical custody of the children for that weekend shall pick up the children at 2:00 p.m. on Easter Sunday and retain physical custody of the children until 8:00 p.m. on Easter Sunday. C. On July 4`h from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for July 4, 2002 and all even numbered years thereafter. The parties will alternate the periods for July 4, 2003 and all odd numbered years. d. On Thanksgiving Day, from 8:00 a.m. to 2:00 p.m. or from 2:00 p.m. until 8:00 p.m. with Mother having the first period and Father having the second period for Thanksgiving Day 2001 and all odd numbered years thereafter. The parties will alternate the periods for Thanksgiving Day 2002 and all even numbered years. e. During the Christmas holiday season, the parties will alternate physical custody of the children between the periods of 6:00 p.m. on Christmas Eve until 2:00 p.m. on Christmas Day and from 2:00 p.m. on Christmas Day until 8:00 p.m. on fiber 266_ Mother will have the fim paW set foe above a 3., have the second period set forth above for Christmas 2001 and all odd numbered years thereafter. Father will have the first period set forth above and Mother will have the second periods set forth above for Christmas 2002 and all even numbered thereafter. 5. The children shall always be with Mother on Mother's Day and with Father on Father's Day from the period of 8:00 a.m. until 8:00 p.m. on each day. 6. During the summer vacation time, each parent shall be entitled to two (2) non- consecutive weeks of physical custody with the children for vacation purposes as well as one "long weekend" which is defined as Thursday an?.,,,Frida Friday-, And Monday, a Monday and Tuesday in conjunction with that parent's weekend. The two (2) weeks of vacation described above are defined as seven (7) days to include that parry's routine weekend of physical custody. Father will notify Mother in writing by no later than May I' of each year as to the first week of vacation that he intends to exercise for the summer. Mother shall notify Father in writing by no later than May 15' of each year of the two weeks that she intends to exercise her two periods of vacation. Father shall notify Mother in writing by no later than May 31 s` of each year as to the second week of vacation that, k intends to exercise. Each party shall notify the other by no later than May 31u of each year of the "long weekend" that they wish to exercised r 17. Y`:,,f'+V I ? I'll Each parent is responsible for seeing that the children attend and participate M 1fficior- extracurricular activities while the children are in their custody. In the event that a parent who has custody of the child or children is unable to transport the children to their activity, they will notify the other parent within a reasonable period of time to allow the other parent to provide transportation to the activity. It is understood that in the event the parties have plans for vacations or similar special plans that conflict with a routine extracurricular activity, the parent and children may participate in their vacation or special plans. 8. Neither party will request a modification of the within Order absent a showing of a * 0.L *a.-H.- .. nn. Y , 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well-being of both children are protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the property medical care of the children. T a, t ci' 10. Neither party shall do anything which may estrange the children from the other pwty. injure the opinion of the children as to the other party, or which may hamper the l and natural development of the children's love and affection for 11. That the Court of Common Pleas of Cumberland County re tains jUri `° ` issue of custody of the children should circumstances change and the parties desire a modification of said Order. BY THE C;AURT, J. Vhf esley Oler, Jrfudge. C cc: Bradley L. Griffie, Esquire + 1 Attorney for Defendant Marcus A. McKnight, Esquire Attorney for Plaintiff t, "cy i' , . ' rt; ,F ;:. ; my hand In a, seal os i Cnurt at ii i . T'; 0V S . .J.• {J. . ol..f... . .? ot?l11Zlon Jt ry? l HANK P. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4748 Civil Term MICHELE L. DONOVAN, : CIVIL ACTION - LAW Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on June 21, 2007, I served a copy of the within Petition for Modification of a Custody Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 FRIEDMAN & KING, P.C. 600 Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 J Kin , Esq ire N. Second Street 0 ev G. ?.r HANK P. DONOVAN, SR., Plaintiff V. MICHELE L. DONOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4748 Civil Term CIVIL ACTION - LAW IN CUSTODY WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of the above-captioned Plaintiff, Hank P. Donovan, Sr. IRWIN & McKNIGHT Date: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the above-captioned Plaintiff, Hank P. Donovan, Sr. FREEDMAN & KING, P.C. Date: 1 .11 AD F. King, Esquire 0 N. Second St., 5`' floor P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 L 60 W. Pomfret Street Carlisle, PA 17013 (717) 249-2353 r-? O cr % i . HANK P. DONOVAN, SR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHELE L. DONOVAN DEFENDANT 99-4748 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 19, 2007 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 pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. , , kn 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 ?z :Z Wd LZ NnF LOOZ e-O-1r'°l &vIC W"F- LOd"d 3Hl J0 3 H1 D--0911A 'a Aft , AUG iozoo7W HANK P. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MICHELE L. DONOVAN, : NO. 994748 Defendant : IN CUSTODY COURT ORDER AND NOW, this LJday of August 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties to the above action shall submit themselves, the two minor children and any spouse or paramour to an evaluation to be performed by the Office of Riegler, Shienvold & Associates. The purpose of this evaluation shall be to address the custody situation and to submit a proposal with respect to a primary custody Order. This shall be an independent evaluation with the results of the evaluation to be provided to legal counsel for each party. Mother shall pay the costs of the evaluation subject, however, to mother having the ability to request the Court at a later date to assess certain costs of the evaluation against the father if the Court deems such assessment to be appropriate. 2. Upon the conclusion of the above mentioned evaluation and in the event the parties are unable to reach an agreement on a permanent Order, legal counsel for either parties may contact the Conciliator to schedule another Custody Conciliation Conference. 3. Pending further Order of this Court, this Court's Order of November 28, 2001 shall remain in place subject to the following modification: A. For exchange of custody, the non-custodial parent shall pick up the minor children from the other parent either at that parent's home or at a designated location. cc: J;tl dley L. Griffie, Esquire ohn F. King, Esquire o ?S 4- 7 UJI HANK P. DONOVAN, SR, Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 994748 : 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: Hank P. Donovan, Jr., born May 24,1994 and Taylor Leigh Donovan, born October 3,1999. 2. A Conciliation Conference was held on August 1, 2007, with the following individuals in attendance: The father, Hank P. Donovan, Sr., with his counsel, John F. King, Esquire, and the mother, Michele L. Donovan, with her counsel, Bradley L. Griffie, Esquire. 3. The parties have an existing Custody Order from November 2001 which provides mother with primary custody. Father is now seeking primary custody of both children and alleging that at least one of the children wants to come to live with him. Father also alleges that there are other reasons to suggest that the children would be better off with the father as primary custodian. The mother vigorously disputes the allegations of the father. The mother has proposed to have a custody evaluation performed which the father is willing to cooperate in subject to the understanding that he will not contribute any funds towards the evaluation. 4. Based upon an agreement of the parties reached at the Conciliation Conference, the Conciliator recommends an Order in the form as attached. Date: - Ud'7 ert X. Gilro , Esquire Custody Co ' iator 0 - --• MAR 0 6 2008 #01 HANK P. DONOVAN, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MICHELE L. DONOVAN, : NO. 99-4748 Defendant : IN CUSTODY COURT ORDER AND NOW, this 1 C 4 "' day of March, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse on the L? j?k day of , 2008, atZ_LY&D'clock Dm. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of November 28, 2001, as modified by Order of August 12, 2007, shall remain in place. BY THE COURT, J. cc: " Bradley L. Griffie, Esquire ?John F. King, Esquire tee. Pi Es MZ24 LECL Zen , 91 .9 wv 21 Nvw goon 3HI do HANK P. DONOVAN, SR., Plaintiff v MICHELE L. DONOVAN, Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 99-4748 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: Hank P. Donovan, Jr., born May 24, 1994 and Taylor Leigh Donovan, born October 3, 1999. 2. A Conciliation Conference was held on February 29, 2008 with the following individuals in attendance: The father, Hank P. Donovan, Sr., with his counsel, John F. King, Esquire The mother, Michele L. Donovan, with her counsel, Bradley L. Griffie. 3. The parties were originally before the Conciliator in August of last year at which time it was agreed a custody evaluation would be performed with mother paying the cost. Since that time, financial difficulties came into play and mother was unable to afford the payment of the custody evaluation. Father wants to move the case to a hearing because he suggests the minor children want to come to live with him and would be better off living with him. The mother is still unwilling to agree to a transfer of custody. A hearing is necessary and the Conciliator recommends an Order in the form as attached. Date: March S 2008 X. 4- Hubert quire Custody Con ' iator V 1k HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW 99-4748 CIVIL TERM MICHELE L. DONOVAN, Defendant IN CUSTODY IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 11th day of June, 2008, upon consideration of Plaintiff's Petition for Modification of a Custody Order, and following an initial period of hearing on this date, which has not yet been completed, with respect to custody of the parties' children, Hank P. Donovan, Jr. (date of birth, May 25, 1991) and Taylor Leigh Donovan (date of birth, October 3, 1999), the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling a further day of hearing in this case. It is noted that at the time of adjournment on today's date both parties had testified, as had the children who are the subject of this case, and that the Court had indicated that counsel would be free to call those witnesses again for further testimony. It is noted further that at the time of adjournment on today's date Plaintiff's Exhibits 1 through 10 had been identified and admitted, and Defendant's Exhibits 1 through 5 had been identified and admitted. No other exhibits had been identified or admitted. At this time neither counsel has requested that the stenographer transcribe and file the notes of testimony from today's proceeding. cri M -... , t° ?j John F. King, Esquire 3820 Market Street Camp Hill, PA 17011 For Plaintiff Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 :mae 0Y By the Court, 0" 1% HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, Defendant NO. 99-4748 CIVIL TERM INTERIM ORDER OF COURT AND NOW, this 16`x' day of June, 2008, upon consideration of Plaintiff's Petition for Modification of a Custody Order, and following an initial period of hearing on June 11, 2008, with respect to the parties' children, Hank P. Donovan, Jr. (d.o.b. May 25, 1991) and Taylor Leigh Donovan (d.o.b. October 3, 1999), it is ordered and directed, pending further hearing and order of court: 1. Except as modified herein, the terms of the order of court dated November 28, 2001, as modified by the order of court dated August 12, 2007, shall remain in full force and effect; 2. Neither party shall restrict the telephone privileges of the children so as to limit telephonic communications between the children and the other party; 3. Pending homework assignments of Hank P. Donovan, Jr., shall be in his possession during custody exchanges so that the parent receiving custody can assist him with his assignments; 4. Neither party while having custody of the children shall consume alcohol to excess, nor permit another in the presence of the children to do so. 5. The father's custodial periods during the summer shall include an additional week, to be selected by him upon 30 days' written notice to the mother. t \'Pr rl-i.N ? ' ??i d L I Mir , 1% 6. Nothing herein is intended to prohibit the parties from deviating from the terms of the court's custodial orders by mutual agreement. /John F. King, Esq. 600 N. Second Street Fifth Floor P.O. Box 984 Harrisburg, PA 17108 /Attorney for Plaintiff ? Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Cc) P ''Es ma ? 4CL BY THE COURT, HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, Defendant NO. 99-4748 CIVIL TERM IN RE: PETITION FOR MODIFICATION ORDER OF COURT AND NOW, this 18"' day of June, 2008, a further period of hearing in the above matter is scheduled for Monday, September 29, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, 'John F. King, Esq. 3 820 Market Street Camp Hill, PA 17011 Attorney for Plaintiff /Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc 'Irles ?/Yl 1 ?C Wd 91 r 8001 AdVio?41')HiObd :,'Hi JO 101:4.."" ? IH I' HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, Defendant NO. 99-4748 CIVIL TERM ORDER OF COURT AND NOW, this 17'h day of September, 2008, upon consideration of the attached letter from John F. King, Esq., attorney for Plaintiff, and with the agreement of Bradley L. Griffie, Esq., attorney for Defendant, the hearing previously scheduled in this matter for September 29, 2008, is cancelled, and Plaintiff's Petition for Modification is CONTINUED GENERALLY. The existing terms for custody as contained in the Order of Court dated November 28, 2001, and modified by Order of Court dated August 12, 2007, and Order of Court dated June 16, 2008, shall remain in full force and effect. COUNSEL ARE DIRECTED to motion the court if a hearing on the Petition for Modification is necessary. "John F. King, Esq. 3820 Market Street Camp Hill, PA 17011 Attorney for Plaintiff /Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc ?Q?S m? c C, CDPt ql/7/v8 t? BY THE COI TRT_ W ",4:'1I%C d s , ?I :£ Wd L I d3S 8OU o IC) io tk HANK P. DONOVAN, SR., Plaintiff V. MICHELE L. DONOVAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4748 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER FOR HEARING AND NOW, this Kday of 04 , 2011, it is ORDERED AND DECREED that the within Petition for Modification of Custody be heard on the / -.? eZ- day of P'n 12011, at 3 '170 o'clock, at the Cumberland County Courthouse, Room before the Honorable J By the Court: U J. ?John V k , &aq 00pie's i? ' &adle L . trgWie, 5 K$ - X ? -,C --C N -0 r ::Ut"j C? © Z fl ?Q X? 2> x W rn --f N c?t V ? From:JOHN F. KING LAIN HANK P. DONOVAN, SR.., Plaintiff V. MICHELE L. DONOVAN, Defendant 717 422 5526 07/05/2011 14:18 #002 P.002/002 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4748 Civil Term CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW this t? day of July, 2011, the above-captioned parties being represented by legal counsel, namely, Bradley L. Griffie, Esq., for Defendant/Mother, and John F. Kings Esq., for Plaintiff/1; ather, and the Court having further been informed that the parties are in the process of finalizing the terms of a Stipulation which would resolve the Custody Modification Petition filed by Plaintiff/Father, it is hereby ORDERED: The rules of court requiring the filing of pretrial documents prior to the hearing scheduled for Wednesday, July 13, 2011, at 3, 00 PM, in Courtroom No. 1, are hereby waived. BY THE C r // T: T 1 C. J. 71-1 . r f rn ?r •y"Y L f rte ?? /. V 1_ From:JOHN F. KING LAW 717 422 5526 07/05/2011 14:17 #002 P.001/002 JOHN F. KING LAW, P.C. 4076 Market Street Camp Hill, PA 17011 717-695-2222 / 717-695-2207 FAX John F. Xing, Esq. iohnfldnglaw@gm4.com July 5, 2011 VIA FACSIMILE and FIRST CLASS MAIL Hon. J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Hank P. Donovan, Sr. v. Michele L. Donovan No. 99-4748 Civil Term Dear Judge Oler: I am writing to you this afternoon, after having just finished a conversation with Brad Griffie, who represents the Defendant/Mother in this matter. Obviously, I represent Plaintiff/Father. We are scheduled to be before Your honor for a modification hearing starting at 3:00 PM on July 13th. I prepared a draft of a Custody Stipulation, and sent it to Mr. Griffie earlier today. Mr. Grife informs me that he may not be able to meet with his client in order to finalize the terms of this Agreement in an immediate fashion. This raises a concern because there are pretrial filings required, which we do not believe will be necessary in this case, since we do believe that this case will be resolved amicably. I have, therefore, enclosed a proposed Order which, if signed by Your Honor, would waive the necessity for pretrial filings in this case. If Your Honor would consider this Order, it would prevent us from expending our clients' resources prior to what we believe will be an amicable resolution of this matter. Thank you very much for your attention to this matter. JFK/s? Enclosure Cc: Bradley Griffie, Esq, Very truly yours, J F.I?ing ?? HANK P. DONOVAN, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MICHELE L. DONOVAN, Defendant NO. 99-4748 CIVIL TERM ORDER OF COURT AND NOW, this IP day of July, 2011, upon relation of the attorneys in this matter that they are in the process of finalizing the terms of a stipulation, the hearing previously scheduled for July 13, 2011, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, J. esley Ole J. ? John F. King, Esq. -oz -, 4076 Market Streeter r' Camp Hill, PA 17011 cznr ri c) Attorney for Plaintiff ?X C.0 ?Q <C = -r, V Bradley L. Griffie, Esq. 200 North Hanover Street cn? Carlisle, PA 17013 -< Attorney for Defendant :rc le-lvL