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Home My WebLink About05-1498 DANA DUTTENHOFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : (16 - i'I"ff CIVIL TERM MICHAEL DONOVAN, Defendant IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Dana Duttenhoffer, by her attorneys, Irwin & McKnight, and presents the following Complaint for Custody. 1. The Plaintiff, Dana Duttenhoffer, is an adult individual with an address of 220 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Michael Donovan, is an adult individual with an address of 1174 Oyster Mill Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The parties are the natural parents of one (I) child, namely, Tyler Michael Donovan, born August 23, 2004. 5. .... 4. The Plaintiff desires that the parties have shared legal custody of the minor child, Tyler Michael Donovan. The Plaintiff desires scheduled periods of temporary custody of the minor child, Tyler Michael Donovan. 6. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set fOlth above. WHEREFORE, Plaintiff, Dana Duttenhoffer, respectfully requests that she be awarded scheduled periods of temporary custody of Tyler Michael Donovan, as provided herein. Respectfully submitted, IRWIN & McKNIGHT By: night, III, Esquire At me r aintiff 60 est Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: March 18,2005 VERIFICATION The foregoing Complaint 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. ~.'\. > "-"<~"";')~ <,). )., '\.\.,'~,,- \.-\.: DANA DUTTENHOFFER '. \ \.c \.'"._"."f Date: March 18,2005 7}-0 ~ ~~ 95Y-::=:~ ':wJ <cs ~ c-~ ~ "}) () - 7<- D -=' ~' =r- ----r (") ~ "TJ{1.: ~q-~ _'c .t:._ ~, f~,i~, ~~. ~.~)I >~~ ~'l -<. ....., = <"" c.n ::;:i: ~ N """ ;y. 'i! w Cl (") -n :C:n rn {;; 1:1l :f1C C) :;1 ""'T. f.~j~.T! ..0 (')ft1 ~ ~j ~< DANA DUTTENHOFFER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI V. 05-1498 CIVIL ACTION LAW MICHAEL DONOVAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 28, 2005 , upon considcration of th attached 'omplaint, it is hereby directed that parties and their respective counsel appear before Hnbert X. Gilr y, Esq. , the conciliator, at 4th Floor, Cnmberland County Conrthouse, Carlisle on Thursday, April2t, 2 OJ___._ at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolv the issue in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter in 0 a temporary order. All children age five or older may also be present at the confcrence. Failure to appea at the CO] ference may provide grounds for entry of a temporary or permanent order. I The court hereby directs the parties to furnish any and all existing Protection frbm Abus orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sChedule1 hearing. , FOR THE COURT. By: /s/ Hubert X Gilrov, Esq. Custody Conciliator "Ir- ~ , I , Thc Court of Common Pleas of Cumberland County is required by law to co ply with he Americans with Disabilites Act of 1990. For information about accessible facilities and reasonabl accommo ations available to disabled individuals having business beforc thc court, please contact our ofice. All a angcmcnts must be made at least 72 hours prior to any hearing or business beforc thc court. You ust attend the scheduled conference or hearing. ; YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. ~F YOU 0 NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE nilE OFFIC 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 . ~ ~'lf wy 1~ ~ sOl/cor .~ .~ ~ .~tL, -SQ. bY r r/.?u/ fP' ~- ~ 4:6/ n sc? 6e. r \.'.\ '.'.1, \,7 '01 L!1i rOo /' \!''IJ ~,OG7 I.' . 101,j v (....lllh _ " i\d'ILC\iJ,UGUJ 3H.L jO 38U~()-G31Ij RECEIVED MAY 192005 ~)11 DANA DUTTENHOFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW MICHAEL DONOVAN, Defendant NO. 05-1498 IN CUSTODY COURT ORDER AND NOW, this 1..6tL day of May, 2005, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Michael Donovan, shall enjoy legal and primary physical custody of the minor child, Tyler Michael Donovan, born Augnst 23, 2004. 2. The mother shall enjoy temporary physical custody with the minor child under the following circumstances: a. On alternating weekends, the first two alternating weekends to be from Friday at 6:00 p.m. until Saturday at 6:00 p.m. Thereafter and assuming there are no problems with the visitation, the alternating weekends shall be from Friday at 6:00 p.m. until Sunday at 8:00 p.m. b. Mother shall not drink or be under the influence of alcohol or illegal drugs when she has custody of the minor child. c. The maternal grandmother shall supervise mother's periods of custody and shall insure that she is always present with the minor child when mother has custody. 3. This is a temporary Order subject to modification as circumstances change. Assuming things go well with mother's periods of temporary cnstody and mother also addresses all other issues in her life, it is anticipated that the supervised visitation (1\ ,~:~,::. u__ (') requirement may be modified in the future. Additionally, in the event there are any issues where mother is not fuliilling her obligations under this Order, legal counsel for father may contact the Conciliator at any time to schedule an emergency Conciliation Conference via a telephone conference and the Conciliator would then have the ability to recommend an emergency Order to this Court. 4. Father will handle transportation for drop off and pick up of the minor child at exchange of custody times. BY THE COURT, cc:~us A. Mcknight, III, Esquire ~bra R. Mehaffie, Esquire D'c9 ~'~ o DANA DUTTENHOFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MICHAEL DONOVAN, Defendant NO. 05-1498 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: Tyler Michael Donovan, born August 23, 2004. 2. A Conciliation Conference was held on May 13, 2005, with the following individuals in attendance: The mother, Dana Duttenhoffer, with her counsel, Marcus A. Mcknight, III, Esquire, Esqnire, and the father, Michael Donovan, with his counsel, Debra R. Mehaffie, Esquire. 3. The parties agree to the entry of an Order in the form as attached. s---/( p! (}f~ DATE Hubert X. Gilroy, Custody Conciliat