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HomeMy WebLinkAbout01-03706 JUL 2 5 200 ADAM L. DONAHUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3706 CIVIL TERM LINDSAY A. TAYLOR (SEMUTA), Defendant CIVIL ACTION-CUSTODY SPECIAL INTERIM CUSTODY ORDER AND NOW, this day of , 2006, upon consideration of the plaintiff's petition for special interim relief, it is ordered that plaintiff ("Father"), Adam L. Donahue, shall have partial custody of the minor child, Averi Alycia Taylor (born October 19) from July 29, 2006 through August 5, 2006 for the family vacation and that, pending further order of court, plaintiff's periods of partial custody under the custody order dated August 16, 2005 shall be expanded so that plaintiff shall have custody on alternating weekends from Friday at 5:00 p.m. through Sunday at 5:00 p.m. and on Tuesdays from 2:00 p.m. through 7:30 p.m. BY THE COURT: J. ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SENUTA), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERN CIVIL ACTION-CUSTODY ORDER AND NOW, this a5Uday of , 2006, it is ordered that a hearing on plaintiff's petition for special interim relief shall be held on July 2$ , 2006 at 4,30 Q m. in Courtroom No. a , Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. i BY THE COURT: M c z c-; ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SEMUTA), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR SPECIAL INTERIM RELIEF AND NOW comes petitioner/plaintiff, Adam L. Donahue, by his attorney, Kent H. Patterson, and files this petition for special interim relief pursuant to Pa.R.C.P. 1915.13, as follows: 1. Plaintiff/petitioner is Adam L. Donahue (hereinafter referred to as "Father") who resides at 1124 Columbus Avenue, Lower Allen Township, Cumberland County, Pennsylvania (Lemoyne, PA 17043). 2. Defendant/respondent is Lindsay A. Semuta, formerly known as Lindsay A. Taylor (hereinafter referred to as "Mother") who resides at 901 Allen Street, Lower Allen Township, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 3. The parties are the parents of Averi Alycia Taylor (hereinafter referred to as "Averi"), born October 19, 2000. 4. A custody order was entered in this case dated August 16, 2001 which provided for Mother and Father to have joint legal custody with Mother having primary physical custody and Father having partial custody on alternating weekends from Saturday to Sunday and on alternating holidays. 5. Father and Mother agreed to modify the terms of the custody order and entered into a written agreement dated February 14, 2005 which expanded Father's periods of partial custody so that Father would have Averi on alternating weekends from Friday at 5:00 p.m. to Sunday at 5:00 p.m., Tuesdays from 2:00 p.m. to 7:30 p.m., and one consecutive week during the summer. 6. Mother unilaterally revoked the agreement to modify the custody order by a letter that she had her attorney send to Father dated May 9, 2006. 7. Father has filed a petition for modification of the August 16, 2001 order. Attached to this petition is a copy of the petition for modification which is marked Exhibit 1 and which contains Exhibit A (custody order dated August 16, 2001), Exhibit B (agreement of the parties dated February 14, 2005 modifying the custody order) and Exhibit C (letter from Mother's attorney dated May 9, 2006 revoking the parties agreement to modify the custody order). 8. in March 2006, Mother and Father agreed that Father would have custody of Averi for one week beginning July 29, 2006 - 2 - and extending through August 5, 2006 so that Father could have Averi accompany him, his parents, his sister and his fiancee on a one week vacation in Orlando, Florida and Disney world. Father agreed to forego partial custody on the Fourth of July, 2006 as part of the agreement that he would have this one week of custody for the family vacation. 9. Despite Mother's revocation of the agreement of February 14, 2005, rather believed that Mother was still abiding by agreement for him to have custody for the one week summer vacation and Father yielded custody of Averi to Mother on the Fourth of July as part of the agreement. 10. On July 17, 2006, Mother advised Father that she would not allow Averi to go to Florida and gave no reason other than she objected to Father's fiancee being part of the vacation trip. 11. Father requests that an interim order be issued which would allow him to have partial custody of Averi for the Florida trip (July 29, 2006 through August 5, 2006) and for the expanded times set forth in the February 14, 2005 agreement between the parties, pending hearing on Father's petition for modification or further order of court, for the following reasons: A. The airplane ticket for Averi for the Florida trip - 3 - has been purchased, rooms have been reserved at a resort hotel and all arrangements have been made for the Florida trip with Father's family. 8. Averi has had a close relationship with Father's family since birth and with Father's fiancee since August, 2005. C. There is no legitimate reason for Averi to be denied the opportunity to go on vacation with Father and his family. D. There is no legitimate reason for Averi to be denied the times of partial custody with Father and Father's family which had been in place from February, 2005 to May, 2006, a period of over one year. , petitioner/plaintiff requests the court to issue an interim order for custody as requested in the petition. Respectfully submitted, Z=- Kent H. Patterson Attorney for petitioner/plaintiff 221 Pine Street Harrisburg, PA 17101 717) 238-4100 - 4 - VERIFICATION I, Adam L. Donahue, verify that the statements in the within petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. O Afiam L. nahu D e ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SEMUTA), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL CIVIL ACTION - CUSTODY ORDER OF COURT You, Adam L. Donahue and Lindsay A. Taylor (Semuta), are directed to appear in person before the Custody Conciliator, at on , 2006 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-6200 (717) 240-6200 Page 1 of 2 C-Xwmf I } TS 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 assessable 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. FOR THE COURT: Date: By: Custody Conciliator Page 2 of 2 ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SEMUTA), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes petitioner/plaintiff, Adam L. Donahue, by his attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Plaintiff /petitioner is Adam L. Donahue (hereinafter referred to as "Fathers) who resides at 1124 Columbus Avenue, Lower Allen Township, Cumberland County, Pennsylvania (Lemoyne, PA 17043). 2. Defendant/respondent is Lindsay A. Semuta, formerly known as Lindsay A. Taylor (hereinafter referred to as "Mother••) who resides at 901 Allen Street, Lower Allen Township, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 3. The parties are the parents of Averi Alycia Taylor (hereinafter referred to as "Averi"), born October 19, 2000. 4. Father seeks modification of the custody order entered in this case dated August 16, 2001, a copy of which is attached to this petition and marked Exhibit A. The custody order is based on a stipulation for custody dated July 30, 2001 which was signed by the parties and which provides for Mother and Father to have joint legal custody and for Mother to have primary physical custody with Father having rights of partial custody as outlined in the order. 5. Father and Mother agreed to modify the terms of the custody order and entered into a written agreement dated February 14, 2005 and entitled revised custody order, a copy of which is attached to this petition and marked Exhibit B. The agreement provides, among other things, for expanded rights of partial custody for rather, as follows: FROM Alternating weekends from Saturday at 9:00 p.m. to Sunday at 6:00 p.m. None None TO Friday at 5:00 p.m. to Sunday at 5:00 p.m. Every Tuesday from 2:00 p.m. to 7:30 p.m. One consecutive week in the summer between June and September. 6. Mother through her attorney sent Father a letter dated May 9, 2006 stating that she would no longer abide by the written agreement for the change in the custody provisions and would only - 2 - allow Father the periods of partial custody outlined in the custody order of August 16, 2001. Attached to this petition and marked Exhibit C is a copy of the letter. 7. During the past five years, Averi has primarily resided with the following persons at the following addresses: Persons Address Date Lindsay A. Taylor 14 Riddle Road October 19,2000 Kevin & Jan Taylor Camp Hill, PA 17011 (grandparents) Chris, Jamie & Colby Taylor (uncles) to August 2004 Lindsay (Taylor) Semuta 901 Allen Street August 2004 Brian Semuta New Cumberland (step father) PA 17057 Delaney Semuta (half brother since July 2005) to present S. Mother currently resides with the following persons: Name Brian Semuta Delaney Semuta Averi Taylor Relationship husband step-son child 9. Father currently resides with the following persons: Name Relationship Stephanie L. Hebb Kaden L. Hebb fiancee step-daughter 10. Except for the within action rather has not participated as a party or witness, or in another capacity, in - 3 - other litigation concerning the custody of the children in this or another court. Except for the within action Father has no information of a custody proceeding pending in a court of this commonwealth. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, except for Fathers parents who are designated as substitute custodians in custody order dated August 16, 2001. 11. Father requests modification of the custody order to provide that the Father have primary physical custody of Averi. 12. The best interests and permanent welfare of Averi will be served by granting the relief requested for the following reasons: A. Mother has unilaterally curtailed Fathers regular periods of physical partial custody with Averi for selfish reasons which are detrimental to Averi. 8. Mother has created an atmosphere designed to disrupt the father and daughter relationship between Father and Averi. C. Averi needs to have a continuing and increased - 4 - relationship with her Father. D. Father will provide a stable environment and an environment which will be conducive to Averi having continued and good relationships with both Father and Mother. WHEREFORE, Petitioner/Plaintiff requests your Honorable Court to issue an order for custody as set forth in this petition. 4-- Kehterson Attorney for petitioner/plaintiff 221 Pine Street Harrisburg, PA 17101 717) 238-4100 - 5 - ,. VERIFICATION I, Adam L. Donahue, verify that the statements in the foregoing petition for modification of custody order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. -7C 46& Da e Donahue/Taylor 7.23.01. Custody Agreement Y Y, ADAM L. DONAHUE, Plaintiff LINDSAY A. TAYLOR, Defendant AUG 15 ?000) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER AND NOW, this day of O„_.f l 2001, upon consideration of the within Custody Agreement executed by LINDSAY A. TAYLOR ("Mother") and ADAM L. DONAHUE ("Father") (individually "Parent" and collectively "Parents") pertaining to their minor child, AVERI ALYCIA TAYLOR, born October 18, 2000 '("the Child), IT IS HEREBY ORDERED AND DECREED as follows: A. '.LEGAL CUSTODY: The Parents shall share and have joint legal custody of their minor child, Avery Aiycia Taylor, born October 18, 2000, (hereinafter referred to as "the Child"). Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency, decisions affecting the Child's health, education, religion and general well being. Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that ,5-)(91,617- J9 Donahue/Taylor 7.23.01. Custody Agreement I .I informed decisions can be made. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child. 2. Partial Custody: Father shall have rights of partial physical custody of the Child. 3. Custody Schedule: The parties rights of custody shall be in accordance with the following schedule: a. Alternating Weekends: The Parents shall alternate custody on alternating weekends. The times for Father's weekends shall be from 9:00 a.m. on Saturday until 6:00 p.m. on Sunday. Father's first weekend shall be the weekend of August ilei through August 12u', 2001. b. Substitute Custodian: If Father not available to exercise his custodial rights on his established alternating weekend, Father's parents shall be given the opportunity to have-custody of the Child. for Father's weekend instead of Father; provided, - 2 - ?r Donahue/Taylor 7.23.01. Custody Agreement however, that if Father is unavailable for two consecutive alternating weekends, then Mother shall retain custody of the child for Father's second alternating weekend and Father shall be deemed to have forfeited his custodial rights for that alternating weekend. C. Holidays: The•Parents shall alternate custody on the following major holidays under the terms and as set forth below: 1. Easter: From 9:00 a.m. to 6:00 p.m. 2. Memorial Day : From 9:00 a.m. to 6e00 p.m. 3. Independence Day (observed): 9:00 a.m. to 6:00 p.m. on Independence Day (observed) 4. Labor Dav: From 9:00 a.m. to 6:00 p.m. 5. Thanksgivin g:' From 9:00 a.m. to 6:00 6. Christmas Eve Christmas Morning: From December 24th at 9:00 a.m. until December 25th at 12:00 p.m. 7. Christma s Afte rnoon D ecembe r 26th: From December 25th at 12:00 p.m. until December 261 at 6:00 P.M. - 3 - Donahue/Taylor 7.23.01. Custody Agreement d 8. Holiday Schedule: The following schedule shall apply to the above referenced holidays: ,"'y- {? 'J` 3°'z' 0. L.t 4 t ltl '.Jr ,gyp '.'kky ?i?? 'H 1?N.ti yrf .y Y":Y EASTER Mother Father MEMORIAL DAY Father Mother INDEPENDENCE DAY Mother Father LABOR DAY Father Mother THANKSGIVING DAY Mother Father CHRISTMAS EVE- Father Mother CHRISTMAS MORNING CHRISTMAS AFTERNOON- Mother Father DECEMBER 267 H d. Mother's Day: Mother shall have custody each Mother's Day from 9:00 a.m. until 6:00 p.m. e. Father's Day: Father shall custody of the Children each Father's Day from 9:00 a.m. until 6:00 p.m. C. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the custodial exchanges herein set forth shall be provided by Father. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The - 4 - Donahue/Taylor 7.23.01. Custody Agreement n other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special everts, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: /s/ 1!2 /S" J. . TRUE COME FROM RECORD In Test€rnany? Whereof, I here unto set rnw hand and the seal of said court at Cartisie, Pa. Thi i? day ?-- id e .---%' ?`Oj, Prothofl&arrr - 5 - eYl.i-_: Donahue/Taylor 7.23.01. Custody Agreement ? 4 r `1 ADAM L. DONAHUE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM LINDSAY A. TAYLOR, : CIVIL ACTION - LAW Defendant : IN CUSTODY STIPULATION FOR CONSENT CUSTODY ORDER AND NOW This day o 2001, ADAM L. DONAHUE and LINDSAY A. TAYLOR hereby stipulate and agree that the foregoing Custody order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the parties, intending to be legally bound hereby, have set their hands and seals the day and year below written. SS:' 2 119 --------------- f SEAL. AM `?/ ,? qq J Date: MsSEAL L SAY A. T,AYY?L/p (?,// Date: v?' "' - 6 - FILE CoPy February 14, 2005 Revised Custody Order Effective February 14, 2005 In accordance with the agreement drawn up on July 30, 20011 would like to address the following issues that Adam Donahue and I have agreed to revise. -We have agreed to remove the following from the previous order, Page 2, Section B, Article 3, Subtitle b. Titled Substitute Custodian. (included with these revisions is a copy of the original document with this section highlighted) In other words the father will be held personally responsible for all transportation to and from my custody. Only under extreme circumstances, after Adam and I have already made prior arrangements may any other relative pick Averi up for his visitation.' -I have agreed to give Adam one day a week of his choice to have custody of Averi. He has chosen Tuesday from 2:00pm-7:30pm, unless different arrangements are agreed to by us. -Currently Adam's custody on his weekends consists of Saturday at 9:00am until Sunday at 6:00pm. We have agreed to change those hours to Friday at 5:00pm until Sunday at 5:00pm. (unless different arrangements are made and agreed upon) -I have agreed to give Adam the opportunity to have custody ofAveri for one consecutive week of his choice between the months of June - September. (provided school is not in session, and one months notice has been given) Date 2 11t::T_ G,. Date Page 1 j6_xH/81T 8 In reference to the first page Adam and I have already agreed to some changes that I would like to address for the record. -March 40' - 6 h is Adam's weekend and he has agreed to return Averi at 10:00am on Sunday the 6"'. -Tuesday, March 8a' Adam has forfeited his visitation on this day. -Adam's weekend August 5"' - 7"' has been changed to the weekend of August 12'" - le. ' -Tuesday, August the 2nd has been changed to Lindsay's day. (No day has been traded in return) -Adam's weekend December 9m - 111' has been changed to the weekend of December 16a' - 18a'. -Tuesday, December 6"' has been changed to Lindsay's day.(No day has been traded in return) -Any other changes that need to be made will be made in our agreement. Sincerely, Lindsay T. Semuta 901 Allen Street New Cumberland, PA 17070 (717)-774-3169 Date Page 2 THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP IIILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 7634247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Shansi M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW May 9, 2006 Adam Donahue 2712 Lisburn Road . Apartment 204 Camp Hill, PA 17011 RE: Donahue v. Semuta, No. 01-3706 Civil Cumberland County Custody Dear Mr. Donahue: Be advised that I have been retained to represent Lindsey Semuta with respect to the above- referenced matter. This letter serves as written notice that Mrs. Semuta is no longer in agreement with the custody stipulation dated March 24, 2005. Since Judge Hess' Custody Order dated August 16, 2001, can only be altered by mutual consent of the parties, Mrs. Semuta will be abiding by the August 16, 2001, order. I have enclosed a copy of that order for you. Additionally, I am sending a cease and desist letter to w Stanley-Hebb. Mrs. Semuta is very upset with the frequency and content of telephone calls from Ms. Stanley-Hebb. Mrs. Senluta in no way wishes to limit you telephone contact with. your daughter, Avert. However, she does not want any further telephone calls from Ms. Stanley-Hubb. At this time I am encouraging you to contact Mrs. Semuta when and if there are matters that concern Averi. Very truly yours, Esq. Enclosure Cc: Lindsey Semuta /X 14 /'R/ T *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. ** 41WOnber: National Association of Criminal Defense Lawyers q, ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDSAY A. TAYLOR DEFENDANT 01-3706 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 20, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 12, 2001 at 11:30 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/ Dawn S Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 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 t,f ? ? ? ? ?? ,:, -, ?G, j?i_, ? E ?;,? y; ??> ?t i ?<< ? J? ?p ?i` ? Y? Pc?'diti'S'rLV; ?i?11A I + t ? ADAM L. DONAHUE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAN V. NO. 2001 CIVIL TERM LINDSAY A. TAYLOR, CIVIL ACTION - LAW Defendant CUSTODY ACTION ORDER OF COURT AND NOW, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before _ Esquire, the Conciliator, at on 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. Either party may bring the child who is the subject of this custody action to the conference, but the child's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, 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 ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR, Defendant TO THE HONORABLE JUDGES OF SAID COURT: 1. The Plaintiff is Adam L. Donahue residing at 4 Kensington Drive, Camp Hill, Cumberland County, PA 17011. 2. The Defendant is Lindsay A. Taylor residing at 14 Riddle Road, Camp Hill, Cumberland County, PA 17011. IN THE COURT OF COMMON PLEAS CUMBERLAND COMM, PENNSYLVANIA NO. 2001 -3706 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT 3. Plaintiff seeks joint legal custody and shared physical custody of the following child: NAME PRESENT RESIDENCE Q Averi Alycia Taylor 14 Riddle Road Camp Hill, PA The child was not born in wedlock. 10/18/00 The child is presently in the physical custody of Lindsay A. Taylor who resides at 14 Riddle Road, Camp Hill, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Mother 14 Riddle Road 10/00 - present Camp Hill, PA The mother of the child is Lindsay A. Taylor who currently resides at 14 Riddle Road, Camp Hill, Pennsylvania. She is not married. The father of the child is Adam L. Donahue who currently resides at 4 Kensington Drive, Camp Hill, Pennsylvania. He is not married. 4. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Wanda & Matthew Donahue Parents Amanda Donahue Sister 5. The relationship of Defendant to the child is that of mother. The Defendant currently resides with the following persons: Name Relationshiv Averi Alycia Taylor Daughter Janice & Kevin Taylor Parents Jamie & Colby Taylor Brothers 6. Neither party has participated as a party nor witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff can properly care for his child B. Plaintiff can provide a loving home. C. Plaintiff will place his child's interest before his own. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. , Plaintiff requests this Honorable Court to grant him joint legal custody and shared physical custody of his child, subject to defendant's right to joint legal custody and shared physical custody. Respectfully submitted, 7 D- . Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 i VERIFICATION I, Adam L. Donahue, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: I A Adam Don ue Plaintiff AUG 0 6 2 1 ADAM L. DONAHUE, Plaintiff : IN THE OCURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY VS. LINDSAY A. TAYLOR, Defendant ORDER OF COURT AND NOW, this 31st day of July, 2001, the Conciliator, being advised by counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for today, July 31, 2001, is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator :. . ?vv4.ua'tixfzf?S35. L-r?,.xw4di+.?'.iti§4; "?S!NaJbuax?.rk3?Sitia2a?4 ..."'•... .,.°`'°" ,. - .. C = _ !roll ? '- C , r ? zz; u7 ?: C/D r c Donahue/Taylor 7.23.01. Custody Agreement f ADAM L. DONAHUE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM LINDSAY A. TAYLOR, : CIVIL ACTION - LAW Defendant : IN CUSTODY CUSTODY ORDER AND NOW, this 1(o` day of ?w , 2001, upon consideration of the within Custody Agreement executed by LINDSAY A. TAYLOR ("Mother") and ADAM L. DONAHUE ("Father") (individually "Parent" and collectively "Parents") pertaining to their minor child, AVERI ALYCIA TAYLOR, born October 18, 2000 ("the Child), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of their minor child, Avery Aiycia Taylor, born October 18, 2000, (hereinafter referred to as "the Child"). Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency decisions affecting the Child's health, education, religion and general well being. Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that - 1 - ;l u NT? P?rJ?SY1 ?JAfb1A Donahue/Taylor 7.23.01. Custody Agreement informed decisions can be made. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child. 2. Partial Custody: Father shall have rights of partial physical custody of the Child. 3. Custody Schedule: The parties rights of custody shall be in accordance with the following schedule: a. Alternating Weekends: The Parents shall alternate custody on alternating weekends. The times for Father's weekends shall be from 9:00 a.m. on Saturday until 6:00 p.m, on Sunday. Father's first weekend shall be the weekend of August lit" through August 12th, 2001. b. Substitute Custodian: If Father not available to exercise his custodial rights on his established alternating weekend, Father's parents shall be given the opportunity to have custody of the Child for Father's weekend instead of Father; provided, - 2 - Donahue/Taylor 7.23.01. Custody Agreement however, that if Father is unavailable for two consecutive alternating weekends, then Mother shall retain custody of the child for Father's second alternating weekend and Father shall be deemed to have forfeited his custodial rights for that alternating weekend. C. Holidays: The Parents shall alternate custody on the following major holidays under the terms and as set forth below: 1. Easter: From 9:00 a.m. to 6:00 p.m. 2. Memorial Day: From 9:00 a.m. to 6:00 p.m. 3. Independence Day (Observed): 9:00 a.m. to 6:00 p.m. on Independence Day (Observed) 4. Labor Da v: From 9:00 a.m. to 6:00 p.m. 5. Thanksgiving: From 9:00 a.m. to 6:00 6. Christmas Eve Christmas Morning: From December 2411 at 9:00 a.m. until December 25th at 12:00 p.m. 7. Christmas Afternoon - December 26th: From December 25th at 12:00 p.m. until December 26th at 6:00 p.m. - 3 - Donahue/Taylor 7.23.01. Custody Agreement 8. Holidav Schedule: The follo-wing schedule shall apply to the above referenced holidays: HOLIDAY ODD YEARS EVEN YEARS EASTER Mother Father MEMORIAL DAY Father Mother INDEPENDENCE DAY Mother Father LABOR DAY Father Mother THANKSGIVING DAY Mother- Father CHRISTMAS EVE- CHRISTMAS MORNING Father Mother CHRISTMAS AFTERNOON- DECEMBER 26TH Mother- Father d. Mother's Dav:- Mother shall- have custody each Mother's Day from 9:00 a.m. until 6:00-p.m. e. Father's Day: Father shall custody of the Children each Father's Day from 9:00 a.m. until-6:00 p.m. C. MISCELLANEOUS CUSTODY TERMS: 1. Transportation: The transportation necessary for the _ custodial--exchanges herein set forth shall be provided by Father: - - 2. Precedence_:_ The holiday schedule shalltake precedence over any other custodial period set,forth herein. The - 4 - Donahue/Taylor 7.23.01. Custody Agreement other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special everts, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: J. - 5 - Donahue/Taylor 7.23.01. Custody Agreement ADAM L. DONAHUE, Plaintiff LINDSAY A. TAYLOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY STIPULATION FOR CONSENT CUSTODY ORDER AND NOW This ao_ day o 2001, ADAM L. DONAHUE and LINDSAY A. TAYLOR hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the parties, intending to be legally bound hereby, have set their hands and seals the day and year below written. SS: SEAL AM E SO- Date: - 6 - ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SEMUTA), Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION-CUSTODY SPECIAL INTERIM CUSTODY ORDER AND NOW, this day of 44 , 2006, upon consideration of the plaintiff's petition or special interim relief, it is ordered that plaintiff ("Father"), Adam L. Donahue, shall have partial custody of the minor child, Averi Alycia Taylor (born October 19) from July 29, 2006 through August 5, 2006 for the family vacation. L rt?}?y ja r4. jhwli ?are_ ev.1dra1y .?rOn pvgv_jfi i3,ZA#6 ?Pt4r®„q(1 gu5vS+Iq? Zdo(/. ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDSAY A. TAYLOR (SEMUTA) DEFENDANT 01-3706 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND ? OW, Monday, July 31, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, August 29, 2006 at 11:30 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 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/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET 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 11 - /I oto C? JUL 2 4 2006, „r S ADAM L. DONAHUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3706 CIVIL LINDSAY A. TAYLOR (SEMUTA), Defendant CIVIL ACTION - CUSTODY ORDER OF COURT You, Adam L. Donahue and Lindsay A. Taylor (Semuta), are directed to appear in person be the Custody Conciliator, at on , 2006 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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-6200 (717) 240-6200 Page 1 of 2 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 assessable 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. FOR THE COURT: Date: By: Custody Conciliator Page 2 of 2 ADAM L. DONAHUE, Plaintiff v. LINDSAY A. TAYLOR (SEMUTA), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes petitioner/plaintiff, Adam L. Donahue, by his attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Plaintiff/petitioner is Adam L. Donahue (hereinafter referred to as "Father") who resides at 1124 Columbus Avenue, Lower Allen Township, Cumberland County, Pennsylvania (Lemoyne, PA 17043). 2. Defendant/respondent is Lindsay A. Semuta, formerly known as Lindsay A. Taylor (hereinafter referred to as "Mother") who resides at 901 Allen Street, Lower Allen Township, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 3. The parties are the parents of Averi Alycia Taylor (hereinafter referred to as "Averi"), born October 19, 2000. 4. Father seeks modification of the custody order entered in this case dated August 16, 2001, a copy of which is attached to this petition and marked Exhibit A. The custody order is based on a stipulation for custody dated July 30, 2001 which was signed by the parties and which provides for Mother and Father to have joint legal custody and for Mother to have primary physical custody with Father having rights of partial custody as outlined in the order. 5. Father and Mother agreed to modify the terms of the custody order and entered into a written agreement dated February 14, 2005 and entitled revised custody order, a copy of which is attached to this petition and marked Exhibit B. The agreement provides, among other things, for expanded rights of partial custody for Father, as follows: FROM Alternating weekends from Saturday at 9:00 p.m. to Sunday at 6:00 p.m. None None TO Friday at 5:00 p.m. to Sunday at 5:00 p.m. Every Tuesday from 2:00 p.m. to 7:30 p.m. One consecutive week in the summer between June and September. 6. Mother through her attorney sent Father a letter dated May 9, 2006 stating that she would no longer abide by the written agreement for the change in the custody provisions and would only - 2 - allow Father the periods of partial custody outlined in the custody order of August 16, 2001. Attached to this petition and marked Exhibit C is a copy of the letter. 7. During the past five years, Averi has primarily resided with the following persons at the following addresses: Persons naa,-ecc Date Lindsay A. Taylor 14 Riddle Road October 19,2000 Kevin & Jan Taylor Camp Hill, PA 17011 (grandparents) Chris, Jamie & Colby Taylor (uncles) to August 2004 Lindsay (Taylor) Semuta 901 Allen Street August 2004 Brian Semuta New Cumberland (step father) PA 17057 Delaney Semuta (half brother since July 2005) to present 8. Mother currently resides with the following persons: Name Brian Semuta Delaney Semuta Averi Taylor Relationship husband step-son child 9. Father currently resides with the following persons: Name Relationship Stephanie L. Hebb Kaden L. Hebb fiancee step-daughter 10. Except for the within action Father has not participated as a party or witness, or in another capacity, in - 3 - other litigation concerning the custody of the children in this or another court. Except for the within action Father has no information of a custody proceeding pending in a court of this commonwealth. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, except for Father's parents who are designated as substitute custodians in custody order dated August 16, 2001. 11. Father requests modification of the custody order to provide that the rather have primary physical custody of Averi. 12. The best interests and permanent welfare of Averi will be served by granting the relief requested for the following reasons: A. Mother has unilaterally curtailed Father's regular periods of physical partial custody with Averi for selfish reasons which are detrimental to Averi. B. Mother has created an atmosphere designed to disrupt the father and daughter relationship between rather and Averi. C. Averi needs to have a continuing and increased - 4 - relationship with her Father. D. Father will provide a stable environment and an environment which will be conducive to Averi having continued and good relationships with both Father and Mother. WHEREFORE, Petitioner/Plaintiff requests your Honorable Court to issue an order for custody as set forth in this petition. I(e----f / /V ? ?? - Kent H. Patterson Attorney for petitioner/plaintiff 221 Pine Street Harrisburg, PA 17101 717) 238-4100 - 5 - VERIFICATION I, Adam L. Donahue, verify that the statements in the foregoing petition for modification of custody order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. le?oV Da e Donahue/Taylor 7.23.01. Custody Agreement T w ADAM L. DONAHUE, Plaintiff LINDSAY A. TAYLOR, Defendant AUG 15 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3706 CIVIL TERM : CIVIL ACTION - LAW IN CUSTODY CUSTODY ORDER AND NOW, this /4.a day of 2001, upon consideration of the within Custody Agreement executed by LINDSAY A. TAYLOR ("Mother") and ADAM L. DONAHUE ("Father") (individually "Parent" I and collectively "Parents") pertaining to their minor child, AVERT ALYCIA TAYLOR, born October 18, 2000 ("the Child), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of their minor child, Avery Aiycia Taylor, born October 18, 2000, (hereinafter referred'to as "the Child"). Each Parent shall be entitled to participate, jointly with the other Parent, in all major non-emergency. decisions affecting the Child's health, education, religion and general well being. Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that Donahue/Taylor 7.23.01. Custody Agreement informed decisions can be made. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child. 2. Partial Custody: Father shall have rights of partial physical custody of the Child. 3. Custody Schedule: The parties rights of custody shall be in accordance with the following schedule: a. Alternating Weekends: The Parents shall alternate custody on alternating weekends. The times for Father's weekends shall be from 9:00 a.m. on Saturday until 6:00 p.m. on Sunday. Father's first weekend shall be the weekend of August lit" through August 12th, 2001. b. Substitute. Custodian: If Father not available to exercise his custodial rights on his established alternating weekend, Father's parents shall be given the opportunity to have'Custody of the Child. for Father's weekend instead of Father; provided, - 2 - Donahue/Taylor 7.23.01. Custody Agreement however, that if Father is unavailable for two consecutive alternating weekends, then Mother shall retain custody of the child for Father's second alternating weekend and Father shall be deemed to have forfeited his custodial rights for that alternating weekend. c. Holidays: The.Parents shall alternate custody on the following major holidays under the terms and as set forth below: 1. Easter: From 9:00 a.m. to 6:00 p.m. 2. Memorial Day: From 9:00 a.m. to 6.00 p.m. 3. Independence Day (observed): 9:00 a.m. to 6:00 p.m. on Independence Day (observed) 4. Labor Da v: From 9:00 a.m. to 6:00 P.m. 5. Thanksgiving: From 9:00 a.m. to 6:00 6. Christmas Eve Christmas Morning: From December 24th at 9:00 a.m. until December 25th at 12:00 p.m. 7. Christmas Afternoon - December 26th: From December 25th at 12:00 p.m. until December 261 at 6:00 p.m. CUStodV Ygree¢rerrt a. HO.-Ii-day Schpau, le: The following schedule shall apply to the above referenced holidays: EASTER - - ------- - ------- Mother ° Father __ MEMORIAL DAYV Father Mother INDEPEIvDENCF C:iAI ? Mather Father LABOR DA1' Father Mother THANKSGIVING Da"Y mm Mother Father CHRISTMAS EVE- CHRISTMAS MORNING :Father Mother CHRISTMAS AFTERNOON- DECEMBER 26TH Mother Father C. d. th_er' _...._pay: Mother shall have custody each Mother's Day from 9:00 a.m. until 6:00 p.m. c. FatherCy: rather shall custody of the Children each Father's Day from 9:00 a.m. until 6:00 p.m. MISCELLANEOUS (-USTODY_ZERMS: 1. Transportation: Fhe transportation necessary for the custodial exchanges herein set forth shall be provided by Father. 2. 2recedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The 4 Donahue/Taylor 7.23.01. Custody Agreement other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special everts, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: /sl J. rRUE COPS' FROM RECD D 1n Testimony Whereof., l here unto set my hand and the wal of said Court at Carlisle, Pa. Thl A -r-L-. day of 1W, (2 - Frothon6tary S - RE COPY February 14, 2005 Revised Custody Order Effective February 14, 2005 In accordance with the agreement drawn up on July 30, 20011 would like to address the following issues that Adam Donahue and I have agreed to revise. -We have agreed to remove the following from the previous order; Page 2, Section B, Article 3, Subtitle b. Titled Substitute Custodian. (included with these revisions is a copy of the original document with this section highlighted) In other words the father will be held personally responsible for all transportation to and from my custody. Only under extreme circumstances, after Adam and I have already made prior arrangements may any other relative pick Averi up for his visitation. -I have agreed to give Adam one day a week of his choice to have custody ofAveri. He has chosen Tuesday from 2:00pm-7:30pm, unless different arrangements are agreed to by us. -Currently Adam's custody on his weekends consists of Saturday at 9:00am until Sunday at 6:00pm. We have agreed to change those hours to Friday at 5:00pm until Sunday at 5:00pm. (unless different arrangements are made and agreed upon) -I have agreed to give Adam the opportunity to have custody of Averi for one consecutive week of his choice between the months of June - September. (provided school is not in session, and one months notice has been given) Z 1S G 5 Date Date Page 1 A6_) (#1,d17` 8 In reference to the first page Adam and I have already agreed to some changes that I would like to address for the record. -March 4th - 6th is Adam's weekend and he has agreed to return Averi at 10:00am on Sunday the 6"'. Tuesday, March 8th Adam has forfeited his visitation on this day. -Adam's weekend August 5"' - 7th has been changed to the weekend of August 12'n - 14th. -Tuesday, August the 2"d has been changed to Lindsay's day. (No day has been traded in return) -Adam's weekend December 9th - 11th has been changed to the weekend of December 16th - 18`n -Tuesday, December 6th has been changed to Lindsay's day.(No day has been traded in return) -Any other changes that need to be made will be made in our agreement. Sincerely, Lindsay T. Semuta 901 Allen Street New Cumberland, PA 17070 !7171-774-'i 169 ,Date „ g Date Page 2 THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Shana M. Pugh, Esq. Carlisle, PA 17013 1-800-822-4-LAW .., no d,,;-p? am eam May 9, 2006 Adam Donahue 2712 Lisburn Road . Apartment 204 Camp Hill, PA 17011 RE: Donahue v. Semuta, No. 01-3706 Civil Cumberland County Custody Dear Mr. Donahue: Be advised that I have been retained to represent Lindsey Semuta. with respect to the above- referenced matter. This letter serves as written notice that Mrs. Semuta. is no longer in agreement with the custody stipulation dated March 24, 2005. Since Judge Hess' Custody Order dated August 16, 2001, can only be altered by mutual consent of the parties, Mrs. Semuta will be abiding by the August 16, 2001, order. I have enclosed a copy of that order for you. Additionally, I am sending a cease and desist letter to Ms. Stanley-Hebb. Mrs. Semuta is very upset with the frequency and content of telephone calls from Ms. Stanley-Hebb. Mrs. Semuta in no way wishes to limit you telephone contact with, your daughter, Averi. However, she does not want any further telephone calls from Ms. Stanley-Hubb. At this time I am encouraging you to contact Mrs. Semuta when and if there are matters that concern Aven. Very truly yours, Esq. Enclosure Cc: Lindsey Semuta. L X hl1,,617 ' *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. `" 'Member: National Association ofCri»iinal Defense L"gmrs ADAM L. DONAHUE, Plaintiff V. LINDSAY A. SEMUTA, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-3706 CIVIL TERM CUSTODY ACTION - LAW IN CUSTODY Please enter the appearance of Marlin L. Markley, Esquire, on behalf of Defendant Lindsay A. Semuta in the above-captioned action. Respectfully Date: _ 1 _2p1?(? Marlin`L.kldy, Esquire 2108 Mar et Street, Aztec Building Camp Hill, Pennsylvania 17011 ID# 84745 Tel. (717) 763-1800 v* .-{ r? G7) MM r- cn c n W _ C; 0 m h5 'K A ? RT11 SEP 1 9 2006 By:iL?_ ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3706 CIVIL ACTION LAW LINDSAY A. TAYLOR (SEMUTA) Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of ' 2006, upon consideration of the attached Custo y Conciliation Repo , it is orderedand directed as follows: 1. The prior Order of this Court dated August 16, 2001 is vacated and replace with this Order. 2. The Father, Adam L. Donahue, and the Mother, Lindsay A. Taylor, shall have shared legal custody of Averi Alycia Taylor, born October 19, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:30 p.m. through Monday morning when the Father shall transport the Child to school. In addition, the Father shall have custody every Tuesday, when the Father (or his fiancee) shall pick up the Child at the maternal grandmother's residence at 4:30 p.m. through Wednesday morning when the Father shall transport the Child to school. The Mother shall transport the Child to the Father's residence every weekday morning at 7:30 a.m. on the way to work and the Father shall transport the Child to school. 5. The parties shall participate in a course of therapeutic family counseling with a counselor at Guidance Associates or other professional selected by agreement between the parties. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall engage in a minimum of four joint sessions unless otherwise recommended by the counselor. All costs of counseling shall be shared equally by the parties. 6. The parties shall communicate with each other by email every Sunday evening, at a minimum for the purpose of keeping each other apprised of the Child's schedule for the following week and of any significant developments pertaining to the Child during the preceding week. 7. Within sixty days of the date of this Order, counsel for either party may contact the conciliator to schedule an additional conference to review the custody schedule and/or establish holiday custody arrangements, if necessary. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. in the absence of mutual consent, the terms of this Order shall control. cc: vKmt H. Patterson, Esquire - Counsel for Father ,,Marlin L. Markley, Esquire - Counsel for Mother , r6l? r?' 1} i ( V? ?. f;'? l:\t ? i, p .. ADAM L. DONAHUE Plaintiff VS. LINDSAY A. TAYLOR (SEMUTA) Defendant Prior Judge: Kevin A. Hess/ Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Averi Alycia Taylor October 19, 2000 Mother 2. A custody conciliation conference was held on September 7, 2006 with the following individuals in attendance: The Father, Adam L. Donahue, with his counsel, Kent H. Patterson, and the Mother, Lindsay A. Taylor, with her counsel, Marlin L. Markley. 3. The parties agreed to entry of an Order in the form as attached. '5?y 1/, aoolf Date Dawn S. Sunday, Esquire Custody Conciliator ADAM L. DONAHUE, Plaintiff V. LINDSAY A. TAYLOR (SEMUTA), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3706 CIVIL TERM CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW comes petitioner/plaintiff, Adam L. Donahue, by his attorney, Kent H. Patterson, and files this petition for modification of custody order, based on the following: 1. Plaintiff/petitioner is Adam L. Donahue (hereinafter referred to as "Father") who resides at 509 Tenth Street, Collingwood, Ontario, L9Y 2H2, Canada. 2. Defendant/respondent is Lindsay A. Semuta, formerly known as Lindsay A. Taylor (hereinafter referred to as "Mother") who resides at 901 Allen Street, Lower Allen Township, Cumberland County, Pennsylvania (New Cumberland, PA 17070). 3. The parties are the parents of Averi Alycia Taylor (hereinafter referred to as "Averi"), born October 19, 2000. 4. Father seeks modification of the custody order entered in this case dated April 3, 2007, a copy of which is attached to this petition and marked Exhibit A. The custody order is based on a stipulation for custody which signed by the parties and filed on March 29, 2007 and which provides for Mother to have sole legal custody and primary physical custody of Averi and Father to have partial physical one weekend per month, two non-consecutive weeks during the summer and on holidays as agreed to by the parties. 5. The current custody order dated April 3, 2007 modified a previous custody order dated September 14, 2006, which provided for the parties to have shared legal custody and Mother to have primary physical custody and Father to have partial custody on alternating weekends. Father entered into the stipulation proposed by Mother which resulted in the current court order of April 3, 2007 because Father had relocated from Lower Allen Township, Cumberland County, Pennsylvania to Collingwood, Ontario, Canada and the distance between the parties rendered Father's every other weekend periods of partial custody to be impractical. 6. During the past five years, Averi has primarily resided with the following persons at the following addresses: Persons Address Date Lindsay A. Taylor 14 Riddle Road October 19,2000 Kevin & Jan Taylor Camp Hill, PA 17011 (grandparents) - 2 - Chris, Jamie & Colby Taylor (uncles) to August 2004 Lindsay (Taylor) Semuta 901 Allen Street August 2004 Brian Semuta New Cumberland (step father) PA 17057 Delaney Semuta (half brother since July 2005) to present 7. Mother currently resides with the following persons: Name Brian Semuta Delaney Semuta Averi Taylor Relationship husband son daughter 8. Father currently resides with the following persons: Name Relationship Stephanie L. Donahue wife Kaden L. Hebb step-daughter 9. Except for the within action, Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Except for the within action, Father has no information of a custody proceeding pending in a court of this commonwealth or any other state. Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to - 3 - have custody or visitation rights with respect to the child. 10. Father requests modification of the custody order to provide that the parties shall have shared legal custody of Averi and that Father shall have partial custody of Averi during the summer school vacation, Columbus Day school break, alternating Thanksgiving holiday, one week during the Christmas holiday, the President's Day school break and the Easter/Spring school break. In the alternative, Father requests that he be granted primary physical custody. 11. The best interests and permanent welfare of Averi will be served by granting the relief requested for the following reasons: A. Averi needs and wants to have a continuing and increased relationship with her Father. B. Mother has created an atmosphere designed to impede the father and daughter relationship between Father and Averi. C. The one weekend per month arrangement in the current custody order is not practical due to the geographical distance between the parties. - 4 - D. Father will provide a stable environment and an environment which will be conducive to Averi having continued and good relationships with both Father and Mother. WHEREFORE, petitioner/plaintiff requests your honorable court to issue an order for custody as set forth in this petition. Kent H. Patterson Attorney for petitioner/plaintiff 221 Pine Street Harrisburg, PA 17101 717) 238-4100 - 5 - VERIFICATION I, Adam L. Donahue, verify that the statements in the foregoing petition for modification of custody order are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsaorn falsification to authorities. ahue Date MAR 30 2DD7 ADAM L. DONAHUE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3706 CIVIL ACTION LAW C(Opv U IN CUSTODY Vs. LINDSAY T. SEMUTA, formerly known as LINDSAY A. TAYLOR, Defendant ORDER AND NOW, this day of 2007, upon consideration of the within Custody Stipulation entered between the parties in which they have set forth their agreement regarding legal custody, primary physical custody, partial physical custody and visitation of their minor child, namely, Averi Alycia Taylor, it is hereby Ordered and Decreed that said attached Stipulation shall become an Order of Court, and the Court does hereby adopt said Custody Stipulation as its Order. BY THE COURT: Dated: Attest: ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. 01-3706 CIVIL ACTION LAW n -? LINDSAY T. SEMUTA, formerly 21 IN CUSTODY known as LINDSAY A. TAYLOR, Defendant CUSTODY STIPULATION ?A AND NOW, comes ADAM L. DONAHUE, (hereinafter Father), who currently i sidept 50 Tenth Street, Collingwood, Ontario, Canada L9Y2H2 and LINDSAY T. SEMUTA, (hereinafter Mother), who currently resides at 901 Allen Street, New Cumberland, Pennsylvania 17070, who set forth: WHEREAS, Mother and Father are the parents of a minor child, namely, Averi Alycia Taylor, born October 19, 2000; and WHEREAS, Mother and Father are the parties to a Custody Order, the same of which was entered on September 14, 2006; and WHEREAS, Father has relocated to Ontario, Canada; and WHEREAS, as a result of Father's relocation the parties are desirous of modifying said September 14, 2006 Custody Order; AND NOW, THEREFORE, the parties intending to be legally bound, hereby agree and stipulate as follows: 1. The prior Order of this Court dated September 14, 2006 is vacated and replaced with this Order. 2. Mother shall have sole legal custody of Averi Alycia Taylor. 3. Mother shall have primary physical custody of the child. 4. Father shall have partial physical custody: a. One weekend per month to be exercised in a location agreed between the parties. The parties shall agree and confirm, via email, the specific dates and times of this one weekend per month custody. It is specifically understood by Mother that Father may not be able to exercise every period of custody contemplated by this paragraph. b. On holidays as agreed between the parties with the specific dates and times confirmed via email no less than 14 days prior to each such holiday. c. Two non-consecutive weeks during the child's summer vacation from school. The specific location, dates, and times of the summer custody shall be confirmed by the parties via email no less than 30 days prior to each week of vacation. 5. Each parent shall permit reasonable telephone access to the child when she is in his or her custody. 6. Each parent shall encourage the child to love and respect the other and shall not make, nor allow others to make in the presence of the child, derogatory comments about the other parent. Further, each parent shall encourage the child to have contact with the other parent and shall make certain that the child is ready on time for the transfer of physical custody from one parent to the other. 7. The parents agree that at the current time the custody arrangement set forth above is in the best interest of the child. 8. Each parent reserves the right to seek modification of these custody and visitation arrangements in the future upon appropriate showing of changed circumstances. 9, The parties agree that this Stipulation shall be entered and adopted as an Order of Court O pursuant to an agreement of the parties. WITNESS: k&tglo XVN"-Y\,1iek- Lindsay T. Sem 00 SS: L k On this the 2/ day of I ?t t- 4r , 2007, before me, a Notary Public, the undersigned officer, personally appeared ADAM L. DONAHUE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notorial seal. '''L My Commission, Expires: SS: COUNTY OF CUMBERLAND ) 319NQ On this the -lZ day of , 2007, before me, a Notary Public, the undersigned officer, personally appear LINDSAY T. SEMUTA, known to me (or COMMONWEALTH Of PENNSYLVANIA NOTARIAL SEAL ROBERTA E. BIESECKER, Notary Public Camp Hip Boca, Cumberland County My Commission Expires July 23, 2009 COMMONWEALTH OF PENNSYLVANIA ) satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same for the purposes therein contained. E tIN WITNESS WHEREOF, I have hereunto set my hand and notorial seal. a My Commission Expires: NOMW Saw I Sue J: Ko tabk, Notary Public Hampden Twp., CwftftW Cou* Cowr"Cil EWM Sept. 16 Member, Pennsylvania Assoda W of Nories ta Fl ? FIC,E OF THE F ` -'Vr)Nr0TARY 2009 SEP -9 PM ?, 10 PQ- ?1a.U6 ?y Cam' inka I 1?C -# d36 39s ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2001-3706 CIVIL ACTION LAW LINDSAY A. TAYLOR (SEMUTA) . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 11, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 07, 2009 _ at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator ffl 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 Lc FILED-1?)'t 't t"I OF THE PRfT- `l-Nr Y 2009 SEP 14 AM 10'G 7 _!N1 Y r?r1oQ - G414- de ?Y 4 MK. .) ? ?` O-Opy OCT 0 9 2009Gj ADAM L. DONAHUE IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2001-3706 CIVIL ACTION LAW LINDSAY A. TAYLOR (SUMATA) Defendant IN CUSTODY ORDER OF COURT AND NOW, this 13 day of , 2009, upon - (9? consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated April 3, 2007 incorporating the provisions of the parties' custody agreement, is vacated and replaced with this Order. 2. The Father, Adam L. Donahue, and the Mother, Lindsay A. Taylor, shall have shared legal custody of Averi Alycia Taylor, born October 19, 2000. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical of the Child in accordance with the following schedule: A. The Father shall have custody of the Child from the first Saturday after the end of the school year for a full seven consecutive weeks ending on the seventh Saturday. B. Canadian Thanksgiving: In every year, the Father shall have custody of the Child for the Canadian Thanksgiving from the Thursday before the holiday at 10:00 p.m., when the parties shall meet at the McDonald's in Avon, New York (the halfway point between their residences) through the following Monday, when the Father shall make arrangements for the Child to fly from Toronto directly to Harrisburg to arrive at a time as close to 6:00 p.m. as possible. The Father shall provide notice to the Mother at least two weeks in advance of the Child's travel itinerary by email. The Father shall pay all costs of the flight. C. Thanksgiving (USA): In every year, the Father shall have custody of the Child when he travels to Pennsylvania over Thanksgiving from Wednesday at 5:00 p.m. through Thanksgiving Day at 3:00 p.m., the Mother shall have custody from Thanksgiving Day at 3:00 p.m. through Friday at 3:00 p.m. and the Father shall have custody from Friday at 3:00 p.m. through Monday at 6:00 p.m. For the exchanges of custody in Pennsylvania, the parent receiving custody shall be responsible to provide transportation for the exchange of custody unless otherwise agreed between the parties. D. Christmas: In odd-numbered years, the Father shall have custody of the Child for the Christmas holiday from December 26 at 10:00 p.m. at the meeting place in Avon, New York through two days before school resumes at 10:00 p.m. in Avon, New York. In even-numbered years, the Father's period of Christmas holiday custody shall begin on December 27 with the remaining times and details of the exchanges to be the same as in odd-numbered years. E. Presidents' Day Weekend: The Father shall have custody of the Child for Presidents' Day weekend in every year from Thursday at 10:00 p.m. in Avon, New York through the following Monday, when the Father shall make arrangements for the Child to return to the Mother's custody on a flight from Toronto with the same arrangement as provided in the provision governing the Canadian Thanksgiving. F. Easter: The Father shall have custody in every year when he comes to Pennsylvania for the Easter holiday from Wednesday after school through Sunday at 2:00 p.m., with the parent receiving custody of the Child to be responsible for providing transportation for the exchange of custody, unless otherwise agreed between the parties. G. Labor Day: The Father shall have custody of the Child for Labor Day every year from Thursday at 10:00 in Avon, New York through Labor Day at 1:00 p.m., when the parties shall meet in Avon, New York for the exchange. 4. In the event the Mother travels to Canada during the Father's extended period of custody in the Summer, the parties shall make arrangements by agreement for the Mother to have contact with the Child. The Father may also have additional periods of custody with the Child at any time he travels to Pennsylvania other than the holidays identified in the Order, with the details to be arranged by agreement between the parties. 5. At any time an exchange of custody falls on a weekend day, the parties shall exchange custody in Avon, New York at 1:00 p.m. or as otherwise agreed between the parties. 6. Two days before a scheduled exchange of custody, the parent receiving custody of the Child shall contact the other parent by telephone to discuss and confirm the travel arrangements. 7. The non custodial parent shall be entitled to reasonable liberal telephone contact with the Child. The parties agree that the Father will contact the Child regularly on Sunday and Wednesday evenings. 8. The parties agree that the Child may have access to Face Book communications with the Father and that both parents may monitor, for safety reasons, the Child's communications on Face Book. 9. The parties shall communicate directly with each other on issues concerning the Child without the interference of third parties. The parties shall establish ongoing communications to ensure that all significant information concerning the Child is shared between the parties and to promote an effective cooperative parenting relationship. 10. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 11. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 'd, Z Z-" cc: t H. Patterson, Esquire - Counsel for Father Herbert Henderson, Esquire - Counsel for Mother COPIES rr??? lD//3/Of' ADAM L. DONAHUE Plaintiff vs. LINDSAY A. TAYLOR (SUMATA) Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-3706 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Averi Alycia Taylor October 19, 2000 Mother 2. A custody conciliation conference was held on October 7, 2009, with the following individuals in attendance: the Father, Adam L. Donahue, with his counsel, Kent H. Patterson, Esquire, and the Mother, Lindsay A. Taylor (Sumata), with her counsel, Herbert Henderson, Esquire. 3. The parties agreed to entry of an Order in the form as attached. D aoy 9 Date Dawn S. Sunday, Esquire Custody Conciliator FILED-C"-"f '?"`E OF THE ;' P`;?fi "ROTARY 2009 OCT 13 PM 2: 11 GUM i'