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HomeMy WebLinkAbout10-1474t Z410 MAR -2 PM 3= 37 NICHOLAS E. DURF, IN THE COURT OF Plaintiff CUMBERLAND CO f'ANIA vi. No. 10 -10y CIVIL TERM CASEY M. DONSON, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Nicholas E. Durf, residing at 23 Coral Drive, Cumberland County, Carlisle, Pennsylvania 17013. 2. The defendant is Casey M. Donson, residing at 20 Conrad Road, Cumberland County, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of the following child: Name Present Residence DOB Age Payton Durf 20 Conrad Road 5/1908 1 year 9 mos. Carlisle, PA The child was born out of wedlock The child is presently in the custody of Casey Donson who resides at 20 Conrad Road, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: List All Persons List All Addresses Dates Nicholas Durf and 25 Army Heritage Drive 6/2/08-3/21/09 Casey Donson Carlisle, PA Casey Donson 20 Conrad Road 3/21/09-present Carlisle, PA 4. The mother of the child is Casey Donson, currently residing at 20 Conrad Road, Carlisle, Cumberland County, Pennsylvania. She is not married. V7f. Nff - Q Cfz? ??/7? ?3KJ- 9 The father of the child is Nicholas Durf, currently residing at 23 Coral Drive, Carlisle, Cumberland County, Pennsylvania He is not married. 5. The relationship of plaintiff to the child is that of Father. The plaintiff currently resides with the following persons. Name Relationship Plaintiff currently lives alone 6. The relationship of defendant to the child is that of Mother. The defendant currently resides with the following persons. Name Relationship Ken Donson Father Eunice Donson Mother 7. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 8. The best interest and permanent welfare of the child will be served by granting the relief request because: Plaintiff has undertaken and performed the primary parental responsibilities for the children . Plaintiff is best able to provide the care and nurture which the children need for healthy development. A Court Order of custody and structured visitation is desired so that the Plaintiff and the child may plan their schedules accordingly, and so that misunderstandings and unmet expectations regarding custody and visitation can be avoided, and also so that the child is not used in a manipulative fashion. Plaintiff desires to maintain the family household which has been established, and the continued stability of the household is in the best interest of the child. A Court Ordered determination of custody is required to avoid continuing conflict between the parties regarding responsibility for custody and support. WHEREFORE, Plaintiff requests this Court grant Plaintiff and Defendant shared physical and legal custody with liberal visitation for both parties. Respectfully submitted, Date: ? - 2- Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. r Nicholas Durf, laintiff NICHOLAS E. DURF [N THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA. V. CASEY M. DONSON DFF'ENDANT • 2010-1474 CIVIL ACT10N LAW IN CUSTODY ORDF.,R OF COURT AND NOW, Wednesday, March_10, 2010 ,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 Coun Courthouse, Carlisle on Friday, March 19, 2010 at 9:30 AM _.----.... .---.._ ........... t -------..__._ _ _.__....__.._._._. ---------..._ --- _..._ ._---__...._.._... for aPre-Hearing Custody Conference. At such conference, an effort wilt be made to resolve the issues in dispute; or i f this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Faihu•e 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. Gllro Es . _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTFI BELOW TO FIND OI.JT WHERE YOU CAN C7ET LEGAL F-IELP. Cumberland County Bar Association 32 South Bedf~~rd Street Carlisle, Pennsylvania 17013 "Telephone (7l7) 249-3166 ,,~, FlLEG-r~~~._~,,~-,~_ 1010 AlA~i ! ! ~r°i ((~: ~~ CU,~ r rr ~;. ,,; ,;f~, }f; Q ; -_~BOM~' KLITLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717)249-0900 NICHOLAS E. DURF, Plaintiff v. CASEY M. DONSON Defendant MAY 2 5' 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1474 CIVIL ACTION -LAW IN CUSTODY AND NOW this lb' day of ~ , 2010, the attached Custody Stipulation and Agreement is hereby made an Order of Court. BY THE COURT, ~~ Distribution• Michael O. Palermo, Jr., Esquire Attorney for the Plaint 155 South Hanover Street Carlisle, PA 17013 ~W. Ha er Es uire ~ t3'~ q Attorney for the Defendant Abom & Kutulakis, L.L.P. 2 West High Street Carlisle, PA, 17013 C~ ~~~~~~~ ~~ J ~ ~-., -~ ~~.> .__ _~ ., ~ - ~- ' , ~ r, t J ' J ~„ _ ~ _ ~ ,~ _ c.n , :~ ~ .' .- ' JUN 1 '6 2u~1 NICHOLAS E. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C") c~~ i 1 vs. CNIL ACTION -LAW ~ p '" rT7 ~ ~ c.~ ~ ~i CASEY M. DONSON, NO. 2010-1474 - _ -~ - ~~!'?'' 1 t_~ Defendant IN CUSTODY "' ?'~~ ~'-~ :. - -- ,s ~. ,. S' ' ', ~y ,,.. ~ ~.,J `.~_f C` c,,.7 ~,OURT ORDER '~` ~ ~: NOW, this / ~ ~ day of June , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A second Custody Conciliation is scheduled for Monday, June 28, 2010 at 9:30 a.m. 2. Pending further order of this Court, this Court's May 26, 2010 order shall remain in place subject, however, to the provision that father shall also have custody of the minor child from noon until 7:00 p.m. Saturday, June 12, Saturday, June 19 and Saturday, June 26 unless agreed otherwise by the parties. 3. Assuming the above schedule goes well and assuming there are no dramatic issues presented to the Custody Conciliator at the next conference, it is anticipated that the parties will work towards expanding the father's periods of temporary custody to include some overnights. However, each party reserves the right to request a hearing before the Court on the overnight issue and all issues involved in this custody case. BY THE COURT, ~~ Kevi .Hess, Judge cc: " 'chael O. Palermo Es uire q ara W. Haggerty, Esquire e ~~~.5 ,~.~~ ~ ~/~v NICHOLAS E. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CASEY M. DONSON, NO. 2010-1474 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The Conciliator spoke with legal counsel for the parties in a telephone conference and, based upon theat conference, recommends an Order in the form as attached. i Date: June ~, 2010 Hu ert X. Gilr ,Esquire Custody Conciliator JUN 3 0 2010 NICHOLAS E. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYI~ijAl~~ .. C C -`~ vs. CIVIL ACTION -LAW ~~ ~'. c ~ _y -.~ r ._. ..__ ~ ~ . ~.._. : ~-.' i -r'- m CASEY M. DONSON, NO. 2010-1474 ; f ; "' ~-.~, . .~. Defendant IN CUSTODY '~~ _~ COURT ORDER ~~ ::~ N NOW, this ! r day of ~/w~., , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the prior custody orders in this case are vacated and replaced with the following: 1. The father, Nicholas E. Durf, and the mother, Casey M. Donson, shall enjoy shared legal custody of Payton Durf, born May 19, 2008. 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. Every Wednesday from 10:00 a.m. until Thursday at 5:00 p.m. B. On alternating weekends for a period of four visitations from 9:00 a.m. on Saturday until 1:00 p.m. on Saturday. After those four weekends of temporary custody by the father, father's weekend custody time shall move to alternating weekends from Saturday at 1:00 p.m. until Sunday at 1:00 p.m. C. At such other times as agreed upon by the parties. 4. Legal counsel for the parties shall work with the parties to identify a co-parenting counselor with the parties to attend co-parenting classes. The cost of these classes, after any available insurance, shall be split equally between the parties. 5. The parties shall work between themselves on a holiday schedule which may be confirmed either via a letter agreement between attorneys or a supplemental order which the attorneys for the parties may submit to the Custody Conciliator for submission to the court. 6. The father shall not take the child to his parent's home when father has custody. It is specifically agreed that father shall never leave the child alone at his parent's home. 7. Communications between the parties shall be limited to issues solely dealing with the minor child for custody and visitation related matters. 8. For exchange of custody, the father shall pick up the child at the beginning of his scheduled visitation at mother's home and mother shall pick up the child at the end of father's visitation at father's home, unless agreed otherwise by the parties. 9. This order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event the parties desire to modify this order and are unable to reach an agreement, either party may petition the court to have the case again scheduled with the Custody Conciliator. cc: ~ ael O. Palermo, Esquire ~~W. Ha ert Es uire gg Y, q y~~ /~v BY THE COURT, NICHOLAS E. DURF, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW CASEY M. DONSON, NO. 2010-1474 Defendant 1N CUSTODY PRIpR JUDGE: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Payton Durf, born May 19, 2008. 2. A Conciliation Conference was held on June 28, 2010, with the following individuals in attendance: The father, Nicholas E. Durf, with his counsel, Michael O. Palermo, Jr. ,and the mother, Casey M. Donson, with her counsel, Kara W. Haggerty, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: June ~ -1 , 2010 Hubert ~. ~ili'oy, Custody Concili~ uire