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HomeMy WebLinkAbout95-04135 " c... o - ~ p .., ~ .' ,'" " .: I,' ,. ~ r J .' I I I ALAN R. HAYAKAWA, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-4135 CIVIL MICHELE F. TAYLOR, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW COMES, the Petitioner, Alan R, Hayakawa, by his attorneys, Connelly, Reid & Spade, and flies this Petition to Modify Existing Custody Order and In support thereof avers as follows: 1. The Petitioner Is Alan R, Hayakawa, currently residing at 2325 Lincoln Street, Camp Hill, Pennsylvania 17011, 2. The Respondent Is Michele F. Taylor, c1Jrrently residing at 205 North Hanover Street, Carlisle, Pennsylvania 17013. 3. On September 25, 1995, an Order of Court was entered in the above- captioned action providing for shared legal and physical custody of the minor children, Peter M. Hayakawa born May 22,1986 and Patrick M. Hayakawa born December 1, 1988. A copy of the Order is attached hereto and marked Exhibit. A., 4. Since the date of the entry of the Order, circumstances have changed WHEREFORE, your Petitioner, Alan R. Hayakawa. requests that the Court order warranting a change In the existing custodial arrangement. Both parties have changed residences with the Petitioner moving to Camp Hill and the Respondent to Carlisle. The children continue to attend the Camp Hill School District. a conciliation conference for the purposes of modifying the existing Order of Court dated September 25, 1995. Respectfully submitted, CONNELLY. REID & SPADe Date: 1'2.15' }11 \. Bv: ' .' ( ! .n .I ('1 M,J , ,"" ! -/; .1 n r, ,. ., , .. ., I. ) <:::, ."..) .. '-" :;-) I" . I .. :'-t ~.. "I'. ~.-t , .)1 -. , 1997, Dauphin County. Kleinfclter. J. (Dcnying pctition to modify custody on thc basis that the pleading did not provide sufticient notice to the respondent of those facts which would allow him to prepare u defense). A copy of the We/I'd case is attached hereto as Exhibit "A" and is incorporated herein by reference. 9. Not only docs Father's petition fail to allege lacts sufficient to provide the notice to Mother necessary to prepare a defense to his pleading. he also fails to state a prayer for reliet: His failure to allege a claim upon which relief can be granted constitutes an additional basis for dismissal of his petition. 10. [f and in the evcntthis Honorable Court denies Mother's request to dismiss Father's Petition to Modify Existing Custody Order, it is essential for preparation of her defense that she be permitted to depose Father and his current wife, Barbara Hayakawa, 1 L Pa.R,C.P. 1930.5 authorizes this Honorable Court to enter an order granting Mother's request for depositions in the pending custody matter. Pa.R,C.P. 1915.5 also provides for discovery in cllstody matters if authorized by special order of court. 12. As a result of the woefully inadequate avennents in Father's petition to modify, absent the requested discovery, Mother will not be able to ascertain the basis for the petition and subsequently will be severely prejudiced in preparing her defense in this matter, 13. A conciliation conference has been scheduled for February 17, 1998 before Dawn Sunday, Esquire. Mother has requested a eontinuance of the conciliation and a copy of the letter from Mother's counsel to Ms. Sunday is attached hereto as Exhibit "B" is incorporated herein by reference thereto. 14. [n order for this Honorable Court to rule upon Mother's molion to dismiss Father's petition or. in the alternative, her request for leave to take depositions and to accomplish 3 We art not unmindful of the provisions of the Divorce Code which state that a custody order may "be modified at any time." 23 Pa.C.S,A. !5310, We are also familiar with the language in Karis v. Karis. 518 Pa. 601, 544 A.2d 1328, 1332 (1988): "A petition lor modification of a partial custody to shared custody order requires the court to inquire into the best interest of the child regardless of whether II 'substantial' change in circumstances has been shown." Defendant-petitioner would have us interpret this lang\Jage as requiring a hearing every time a pany files a petition using the most boiler plate of averments. We disagree. T:~e emphasis in ~ is on the word "subs'tantial." The Supreme Court was not suggll$ting that !lQ change in circumstances need be averred. Pennsylvania is still a fact pleading state, Pa,R.C.P, 1915.3 and 1915,15 still require a statement of f<'lcts in support of the petition. We hold that the language pleaded here. "Ward continues to demonstrate Instability. poor judgment. and an inability to co-parent" do not provide sufficient notice to respondent of those facts which would allow him to prepare a defense. We also feel compelled to comment that court time is a precious resource which our trial coun is under constant pressure- to allocate wisely. Where there is alleged to be a change in circumstances which would warrant a revisitation 01 the custodial arrangement in furtherance of the best interests of the child. we stand ready to schedule a hearing on that issue. Without such a threshold 2 showing, however, we would invite a constant stream of petitions from those parties never satisfied with the status quo,' We turn now to the Motion for Appointment of Counsel and Guardian Ad Litem, In her motion plaintiff states: "2. Since entry of the order. Kenton has experienced serious social. emo~lonal and academic difficulties." Defendant also avers that plaintiff has filed suit against the Dauphin County Court, Judges Lewis and Kleinfelter. and the Judicial Conduct Board. She beheves that "appointment of counsel and guardian ad litem ." will militate against further accusations by plaintiff against defense counsel thereby focusing the inquiry on whether the child's best interests will be served by placing him in defendant's custody." We see no necessity for the appointment of counsel for the child, Pa.R.C,P, 1915.11 which allows such a procedure does not include any standards or guidelines. We view the role of a guardian as that of protecting the interests of a minor child where there is no natural parent to assume that role. or where, in a particular matter, the interests of the guardian parent are at odds with the interests of thfl child. In the case beforfl us, both Mother and father share "legal cU3tody. of the child as that term is defined in 23 Pa.C.S,A. \5302.. Presumably each parent seeks to advance and protect the best interests of their minor child in filing the cross-complaints for custody. Regarding mother's present petition to modify. there is no reason to suspect that her interests in the action are inimical to the best , 1SJ!i!. ~, concurring opInion of Nix. C,J. 3 Interests of her Ion. Presumably. mother's interests ere in tandem with those of her son, For these reasons we see no purpose in appointing counselor guardian ad litem for Kevin and the request will be denied. Havin9 so concluded we f'nd it unnecess.ry to address plaintiff's. preliminary objection claiming a .Iack of jurisdiction.. We also will deny the cross- motion for counsel fees. ORDER "Tv\" AND NOW, this 8" day of~, 1997, defendant's Petition to Modify Custody and Motion for Appointment of Counsel and Guardian Ad Uem for Child are denied. Plaintiff's Consolidated Motion (Preliminary Objection and Cross Motion for Counsel Fees) is also denied. . I 19..!1J- I horeby certify tr, t the forllgoing .. . tr,l~:~: lr(j CCi~~ct CO~~ of tile original L,. 1\ (" I JA _ . ~., 'f.lJV f' J ' r JaJu/IUU PrO!htnolary 4. " . " Distribution: Theresa Berrett Mele, 11 IS Pine Street, Hbg, PA 17101 David H, Ward, 2220 BoIS Street, Hbg. PA 17103 , , . . i,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. ) ) ) ) ) ) ) NO, 413S CIVIL 1995 ALAN R. HAY AKA W A, Plaintiff MICHELE F. TAYLOR, Defendant CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, John C, Howell, Jr" Esquire, counsel for Michcle F, Taylor, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion to Dismiss Petition to Modify Existing Custody Order or. in the Altemative. Motion for Leave to Take Depositions was served upon John J. Connelly, Jr" Esquire, counsel for Plaintiff Alan R. Hayakawa, by depositing san1e in the United States mail, first class, on January 30, 1998, addressed as follows: John J, Connelly, Jr., Esquire CONNELL Y, REID & SPADE 108-112 Walnut Street Harrisburg. PA 17101 Date: , /?Jo/qK' ," Jo C. Howell. Jr,. qUire WETT, KISSINGER & MILES, P,C. 130 Walnut Street P.O, Box 810 Harrisburg, P A 17108 Telephone: 717-234-2616 Counsel for Defendant/Movant Michele F. Taylor VERIFICATION I, Michele F. Taylor, hereby swrar and affirm that the facts contained in the foregoing Motion to Dismisa Petition to Modify Existing Custody Order or, in the Al~ive, Motion for Leave to Take Deposition.'! I1retrucl1ndcorr~ct to the best of my knowledgc, information and belief and are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unswom falsification to authorities. 1/30/98 1lkI ritdt ?T7~ DATE lCHELE F, TAV0 . - - .' , , I .. .. I I,") I I , , ,., I ,..... , , , ........--.--.-.---- ~< 1:lel ~ 0.... ri <Il::l ..!i2. . ~ ~~~ OO~ -< ; ~ ~ >0 ... ""..~ E~~~<Il ~ '" ~ i? zffigJ ~ Z Z !J ~ ><< ~~U gjael~~ ~ = ., i ~ .:0: ~ ...~... ,oJ ... ll.l ' ..... ... ~!il:;l ~ E " '" " ~ ~:l... <'"' ~~ !i"_z o ...l l::.t ~ l..:l :r. ... ~~~~~ ~ rI.J ; C d ...8z~ ;:i~ < C ...l ctI - ~ !I < .... ...~ .... '" ~"'6d >< I1l .... ~~~f:5 ; : 2 ~ ;16:: . ~,,!l 8~ ~ > .... ~ .. ~ .... i < <<'1 ~ ~~~i :: ~ ~:; .. ~ ~> . Z ....0 ;J i HUc:.;Z . . . - . .. HOWETl~ KIl!lSINuEtfa MIU:S. l!(:. -)/ VI! X ALAN R. HAYAKAWA, . IN THE COUR1' OF CCX>1MON PLF'JlS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-4135 CIVIL TERM . . . MICHELE F. TAYLOR, : CIVIL ACTION - LAW Defendant CUSTODY auJIlR or CXXJRT AND tCM, this ~ day of IAIIhLl, consideration of the attached Custody concfrf~tion Report, and directed as follows: , 1998, upon it is ordered 1. continue parties. The prior Order of this Court dated september 25, 1995, shall in effect pending further Order of Court or agreement of the 2. The parties shall submit themselves, their minor Children and any other family members or individuals deemed necessary by the evaluator, to a custody evaluation to be performed by Arnold T. Shienvold. This shall be an independent evaluation for the purpose of Obtaining professional recommendations concerning custody arrangements (including Childrens' participation in activities) which will best serve the interests of the Children and shall include an ADHD evaluation with respect to the parties' son, Peter. The parties shall provide the necessary authorization as deemed necessary by the evaluator in order to obtain medical/psychological records pertaining to the pacties or the Children. The advance cost of the evaluation shall be divided between the parties, with the Father to be responsible for 75\ of the costs and the Mother to be responsible for 25\ of the costs. The parties agree that the evaluator may recommend reallocation of the costs, if appropriate. BY THE COURT, , J. I 1/ <..0. ., J. CCI John J. John C. Connelly, Jr., Esquire - Counsel for Father._ c...A.u4> m"'~~ Hewett, Jr., Esquire - Counsel for Mother ~ !>//lIIfE,' . J.1' . ~~ ~II~ ... u ~ ... i 'r! ~~ i ~'rJ J~ i~E, c u~~ ~ .21 ~ . ,~,~~ j: ~~~~~ r . ~ ~ ~~I f i! ~J ' !. ~;~~ . '"' . ~ ~ i Ill: ~ ~ ;! .. .' . - L.~ 0 9 1998 '--' --.-.--,--->>----.-, .. ._--,---- '---'--_. I IN THE COURT-O-r'celi-!M(fr(j;LEAS-Oi'-- CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW CUSTODY NO. 4135 CIVIL 1995 -- .-.- :=:=--=:::=:::::=.-c;:;::=---==--=--::: ~, \' " \ . ,.\,------: I"' ~ ~,,'f) .... { ", '-';",l"I':\ ~.. . , ,." 1'l,,'J ....r: .'" ' \ ~,) . 1 ,., \1 s1. 1.1 ALAN R. HAYAKAWA, Plaintiff '1', <.:1) i ;." " ~ ,\ ;',\., v. MICHELE F. TAYLOR, Defendant :~ ' p PRAECIPE .1 , , , , , , , , , I,' , ! I , ,':'-', , , LAW O"h.'I~ O. . ROWETr, KISSINGER" MILES, RC. 110 WALNu'r ,nun PO~T OHIeE BOX IH~ H^RRl~8lIRU. P!NN~ 'tLV.\NI.\ 11l0t! L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALAN R. HAYAKAWA, ) Plainti ff ) ) v. ) NO. 95 - 4135 ) MICHELE F. TAYLOR, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY ACCEPTANC~-2~ SERVIQ~ I, John C. Howett, Jr., Esquire, attorney for the above- named Defendant, accept service of the Complaint for Custody and accept same on behalf of my client, Michele F. Taylor. Date: .Auaust 11. 1995 / ____14) c ~owett, Jr., Es ,;.:..~ 1'_1 ALAN R. HAYAKAWA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-4135 CIVIL TERM MICHELE F, TAYLOR, Defendant CIVIL ACTION - LAW CUSTODY , 1995, upon tion Report, it is hereby 1. The Mother, Michele F. Taylor, and the Father, Alan R. Hayakawa, shall have shat'ed legal and physical custody of Peter M. Hayakawa, born May 22, 1986 and Patrick M, Hayakawa, born December 1, 1988. 2. Prior to January 14, 1996, the parties shall share physical custody of the Children on a mutually agreeable schedule. Beginning January 14, 1996, the parties shall share physical custody of the Children on a biweekly basis with the exchange of custody occurring on alternating Sunday evenings at 6:00 p.m. The Mother shall have physical custody of the Children during the first biweekly period beginning January 14, 1996. 3. During each biweekly period, the non-custodial parent shall have physical custody of the Children on the first Friday evening during the period from 5:00 p.m. until 10:00 p.m. and shall provide all transportation fo~ exchange of custody under this paragraph. 4. During summer vacation, each party shall enjoy physical custody of the Children for four consecutive weeks, with the first four week period (Segment A) beginning at 6:00 p.m. on the Sunday tollowing the Chilciren's last day of school and the aecond four week period (Segment B) beginning four weeks later. In 1996, Segment A shall begin on Sunday, June 16 at 6:00 p.m. and end on Sunday, July 14 at 6:00 p.m. Segment B shall begin on Sunday, July 14 at 6:00 p.m. and end on Sunday, August 11 at 6:00 p.m. The Father shall have physical custody of the Children during Segment A in 1996 and in even-numbered years thereafter and during Segment B in odd-numbered years. The Mother shall have physical custody of the Children during Segment B in 1996 and in even-numbered years thereafter and during Segment A in odd-nUmbered years. During each four week period under this paragraph, the non-custodial parent shall have partial custody of the Children one evening per week from 5:00 p.m. until 10:00 p.m. unless the custodial parent is traveling with the Children and is out of the area. At the conclusion of Segment Beach surrrner, the regular custody schedule shall resume wi th the Father having custody of the Children for the first biweekly period in even-numbered years and with the Mother having custody of the Children for the first biweekly period in odd-numbered yeara. 5. The parties shall alternate custody on holidays as follows: A. The Mother shall have physical custody of the Children: 1. In odd-numbered years - Christmas from the beginning of the school recess until 7:00 p.m. Christmas Eve, Thanksgiving from the Wednesday before Thanksgiving until the following Sunday evening, Labor Day (three day weekend), Presidents' Day (three day weekend), and Halloween trick or treat: night. 2. In even-numbered years - Christmas from the beginning of the school recess until the evening of December 28, Thanksgiving from Sunday evening following Thanksgiving until the end of the 3chool r.ecess, Easter from the beginning to the conclusion of the school recess, Memorial Day (three day weekend), and 4th of July (three day weekend if the holiday falls on a Friday or Monday). 3. In every year - Mother's Day from 9:00 a.m. until 8:00 p,m. and Veteran's Day. B. The Father shall have physical custody of the Children: 1. In odd-numbered years - Christmas from 7:00 p.m. Christmas Eve until the end of the school recess, Thanksgiving from Sunday evening following Thanksgiving until the end of the school recess, Easter from the beginning to the conclusion of the SGhool recess, Memorial Day (three day weekend), and 4th of July (three day weekend if the holiday falls on a Friday or Monday) . 2. In even-numbered years - Christmas from the evening of December 28 until the end of the school recess, Thanksgiving from the Wednesday before Thanksgiving until the following Sunday evening, Labor Day (three day weekend), Presidents' Day (three day weekend) and Halloween trick or treat night. 3. In every year - Father's Day from 9:00 a.m. until 8:00 p.m. and Columbus Day from Sunday evening preceding the holiday until the Tuesday morning after Columbus Day. 6. The holiday custody schedule shall supersede the regular schedule. 7. receiving exchanges Except as provided in paragraph 3 of this Order, the party custody shall be responsible to provide transportation for of custody under this Order. 8. Each party shall have reasonable telephone contact with the Children when they are in the custody of the other party. Reasonable contact shall mean one telephone call per day unless circumstances dictate otherwise. The custodial parent shall ensure that telephone messages left by the other party are promptly answered by the Children. 9. Neither party shall criticize the other party's parenting stylo in the presence or hearing of the Children and neither party shall attempt to interfere in any way with the childrea.ing practices of the other party when the Children are in the other party's custody. 10. The parties may modify the custody schedule set forth in this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. 11. This order is entered pursuant to an Agreement reached by the parties as a result of a Custody Conciliation Conference. The parties agree that neither party shall attempt to modify this Order absent a significant change in circumstances. In the event that either party attempts to modify this order, the parties agree that they shall request that the Court make a findir'1 as to whether or not there has been a significant change in circumstances and, if the Court finds that there has not been a significant change in circumstances, then the party initiating the modification action agrees to pay the counsel feea, costs and expenses incurred by the other party in connection with the modification proceeding_ OY THE COURT, J. cc: patricia A. Mil~s, Esquire John J. Connelly, Jr., Esquire , ,', ~ .. ,..... ,. 0'1 J CD , .. Vl , , ,. & .~ .... ,. ", :::&: - ,. - ')"1 .. ..., ~O': ~ I~ 1:,'" ~ '1 ;f - ."" ., 1 .) ~ ~. ~i ~h . ... ... -} ~j ~ i~s ~ ~... ~; fr3,g~ '" ~~u r2 e. 2! . ~ . ~I ~ :ll J\.... ~ I>. I' 1a c:. 0.: ~ ~ r.l ~"l~t ~ ~ ; ~;~~ J ~~ ~ .A, t, l1: ~ /!l ~ '" - :;(,f' L. 5 ~~(j5b{l . ALAN R. HAYAKAWA, Plaintiff/Petitioner v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-4135 CIVIL MICHELE F. TAYLOR, Defendant/Respondent CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, upon consideration of the attached Petition, it Is hereby directed that the parties and their respective counsel appear before, , Esquire. the Conciliator, on the _ day of 19_, at ,M., at the 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 accornpllshed, to define and mmow 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 the entry of a temporary or permanent Order, Notification to the Defendant by the Prothonotary's Office is waived. For the Court, Date of Order: By: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR iELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberlond County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , ,. EXHIBIT tt A" . SEP 2 5 19S: IJ. ALAN R. HAYAlCAWA, Plaintiff IN 'I'!IE COURT OF ca1MON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA vs. NO. 95-4135 CIVIL TERM ro. MICHELE F, TAYLOR, Defendant CIVIL ACTION - LAW CUSTODY CIlDER OF CXXlRT AND toi, this J.StJ. day of ~r-'c consideration of the attached Custody Conciliation Report, ordered and directed as follows: , 1995, upon it is hereby 1. The Mother, Michele F. Taylor, and the Father, Alan R. Hayakawa, shall have shared legal and physical custody of Peter M. Hayakawa, born May 22, 1986 and Patrick M. Hayakawa, born December 1, 1988. 2. Prior to January 14, 1996, the parties shall share physical custody of the Children on a mutually agreeable schedule. BegiMing January 14, 1996, the parties shall share physical custody of the Children on a biweekly basis with the exchange of custody occurring on alternating Sunday evenings at 6:00 p.m. The Mother shall have physical custody of the Children during the first biweekly period begi~ning January 14, 1996. 3. During each biweekly period, the non-custodial parent shall have physical custody of the <.':hildren on the fit"st Friday evening during the period from 5:00 p.m. until 10:00 p.m. and shall pt"ovide all transportation for exchange of custody under thi.s paragraph. 4. During slJlllll8r vacation, each party shall enjoy physical custody of the Children for four consecutive weeks, with the fit"st four week period (Segment A) beginning at 6:00 p.m. on the Sunday following the Children's last day of school and the second four week period (Segment 8) beginning four weeks later. In 1996, Segment A shall begin on Sunday, June 16 at 6:00 p.m. ,and end on Sunday, July 14 at 6:00 p.m. Segment 8 shall begin on Sunday, July 14 at 6:00 p.m. and end on Sunday, August 11 at 6:00 p.m. The Father shall have physical custody of the Children during Segment A in 1996 and in even-numbered years thereafter and during Segment B in odd-numbered years. The Mother shall havo physical custody of the Children during Segment B in 1996 and in even-numbered years thereafter and dut"ing Segment A in odd-numbered years, During each four week ;Jeriod under thi", paragraph, thl) non-custodial parent shall have partial custody of the Children one evening per week from 5:00 p,m. IJntil 10:00 ;l.m. unless the custodial parent is traveling with the Children and is out of the area, rlt the conclusion of Segment 8 each SUlTlller, the regular custody schedule shall resume with the rather having custody of the Children fat" the fit"st biweekly ;Jeriod in <lV4tn<-numberecl years and wi th the Mother having custody of the Children for the first biweekly period in odd-numbered years. 5. The parties shall alternate custody on holidays as follows: A. The Mothe~ shall have physical custody of the Children: 1. In odd-numbered years - Ch~istmas from the beginning of t.he school recess until 7:00 p.m. Christmas Eve, Thanksgiving from the Wednesday before Thanksgiving until the following Sunday evening, t.abor Day (three day wHkend), Presidents' Day (three day weekend), and Halloween trick or treat night. 2. In even-numbered years - Christmas from the begiMing of the school recess until the evening of Decllmber 28, Thanksgiv~ng from Sunday evening following Thanksgiv,ing until the end of the school recess, Easter from the begiMing to the conclusion of the school ~ecess, Memorial Day ( th~ee day weekend), and 4th of July (three day weekend if the holiday falls on a F~iday or Monday). r.- 3. In every year - Mothe~'s Day from 9:00 a.m. until 8:00 p.m. and Veteran's Day. B. The Father shall have physical custody of the Children: 1. In odd-numbered yea~s - Christmas f~om 7:00 p.m. Christmas Eve until the end of the school recess, Thanksgiving f~om Sunday evening following Thanksgiving until the end of the school recess, Easter f~om the beginning to the conclusion of the school t'ecess, Memorial Day (thne day woekend), and 4th of July (tht'ee day w..ekend if the holiday falls on a F~iday or Monday) . 2. In even-numbered years - Ch~istmas f~om the evening of December 28 until the end ot: the school recess, Thanksgiving f~om the Wednesday befo~e Thanksgiving Wltil the following Sunday evening, t.abo~ Day (th~ee day weekend), Presidents' Day (three day weekend) and Halloween trick or t~eat night. 3. In every year - Fathe~'s Day from 9:00 a.m. until 8:00 p.m. and Columbus Day from Sunday evening pt'eceding the holiday until the Tuesday morning after Columbus Day. 6. The holiday custody schedule shall supe~sede the regula~ schedule. 7. Except as pt'ovided in pat'agraph 3 of this Ordet' , the party receiving custody shall be responsible to p~ovide transportation for exchanges of custody under this Order. 8. Each party shall have reasonable telephone contact wJ.th the Childt'en when they are in the custody of the other .,arty. Reasonable contact shall mean one telephone call per day unless circumstances dictate otherwise, The custodial parent shall ensure that ~elephone messagos left by the other pa~ty are promptly answet'ed by thl/ ChiJ.dt'en, 9. Neithet' ;:ar.y shall cnticize the other par~y's .,arenting stj<'le in the presenceJt' hearing of :he:hi ldt'en and neithet' .,arty shall at~empt to interfet'e in any way with the cnildreat'ing ilractices of the other party when " EXHIBIT "S" ~. Cl l,n f'o, (~.:. ll..i II "Tll , :~ \'l' ,) I.~.~ , " ;".,1 "~'I . , , OJ ',r::. ..'f '~\) .' ~'. \ \"d '(' ,.. .. ) , .,fn .k~:" .....,.) " ~~ '.-) "l~i -< (11 ~ .i' '. .., ~UG '! 12 30 PH '95 'I,; \ 4,/.1c< I' j II U J... ..Ji. J UP-' 6~ 1\1;~ w aA'1 . '1'1 .'1{ 11;t,e,.l. Jl1':.Jv It< ~ ~ .") .'1) cPf1 m;,JJI ~ ~ '~"""11 ~ ALAN R. HAYAKAWA, PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, MICHELE F, TAYLOR, DEFENDANT CIVIL ACTION - LAW IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Alan R. Hayakawa, residing at 1801 Peters Mountain Road, Dauphin, Dauphin County, Pennsylvania 17018, 2, The Defendant Is Michele F. Taylor, residing at 465 Country Club Road, Camp HIli, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE D.O.B. Peter M. Hayakawa 465 Country Club Road OS/22/86 Camp Hill, Pennsylvania Patrick M. Hayakawa 465 Country Club Road 12/01/88 Camp Hill, Pennsylvania Peter M, Hayakawa was born out of wedlock, Patrick M. Hayakawa was not born out of wedlock. The children are presently In the custody of Michele F, Taylor, who resides 81 465 Country Club Road, Camp Hill. Pennsylvania, ~, ~:; . ;-. ~ -:'.. ""'--. L... <. ., l.~ ~ ,...., " '\...J ~ ~? ( , '"'<J ..\::::--. . ~ ~ ""J ~\ ~ . '-J' I I..> "J. .. r' ~ ~ \ '" ~ C'< , ' ALAN R. 'lAYAI<AWA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VS. . NO. 95-4135 CIVIL TERM . : MICHELE F. TAYLOR, : CIVIL ACTION - LAW Defendant . CUSTODY , auJI!lR OF CXXRl' ,l AND~, this I \ day of JJ,..." c .., l. ~ J , 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room # / ' of the Cunilerland County Court House, on t.lJe ..3/V1.- day of .:J_~/.-.u,~, 199~, at 1:30 o'clock, -1l.m.~e Father shall be ~ Ee1EFie mov1lii3 party for the purpose of this Hearing and shall proceed initially with testimony. Counsel for the parties shall file with the Court and oppo.sing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a SUlllll!lry of the testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the prior order of this Court dated September 25, 1995 shall continue in effect. BY THE COURT, J. eel John J. Connelly, Jr., Esquire - Counsel for Father John C. Howett, Jr., Esquire - Counsel for Mother -<,~.<.(A .'>>L.<......h.L JI- J.+ 'i' f '-r- cct ~I{:e::;(,d (f~ jff91 *' am~:30 q, rn. (Ii 7~ ) / \ I I I I I PJ~ ~II~ ~ '''.r i i ~ I ... ... ... :0 ~J ~; .tl~ ~: I ~I -~ . ~ :q g I- ~ ~ ~..tif III ~ ~ 11. U~~ ;.J" : . ra. . i Ill: ~ . . . . . , ' , 'i,.; Ii ~ I Ji:;,t/J ALAN R. HAYAKAWA, PLAINTIFF v, IN THE. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4135 1995 MICHELE F, TAYLOR, DEFENDANT CIVIL ACTION - LAW CUSTODY VISITATION ACCE~ANCE,OF SERVICE I, John C. Howett, Esquire, attorney for the above-named Defendant, accept service of the Order and Petition to Modify Existing Custody Order on behalf of mv client, Michele F. Taylor. Date: ll? ('l...O J q tt ~l!~ J . Howett; squire ......... Howett, Kissinger & Miles 130 Walnut Street Harrisburg, PA 17101 (717) 234-2616 Al.AN R. HAY AKA W A, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBER1.AND COUNTY, PENNS Yl. VANIA v. CIVIL ACTION - LAW MICHELE F. TAYLOR, Defendant NO. 95-4135 CIVIL TERM ORDER OF COURT AND NOW, this '!o~ay of January, 1999, upon agreement of counsel, the hearing previously scheduled in this matter for February 3, 1999, is CANCELLED. The hearings scheduled for February 2, 1999, and February 17, 1999, remain as previously scheduled. BY THE COURT, John J. Connelly, Jr., Esq. 134 Sipe Avenue Hummelstown, P A 17036 Attorney for Plaintiff . . 1 /."\/49 C bU..,"'..o('..4',......,;J. ,;, - ",- ~.'r' John C. Howett, Jr., Esq. 130 Walnut Street Harrisburg, PA 17101 Attorney for Defendant :rc I.IS11 Illlrherll, !'I>limitl IN TilE COURT OF COMMON PLEAS OF ('UMIIERI.I'."l[) ('OUNTY,!'ENNSYL VANIA CIVil, ACTION -l.AW v, Anthony J. lI11rheru, Dclcmlant No. 95-50119 CIVIl. TERM IN DIVORCE CE AND NOW, this 1st day of February. 1999.1. Robert G. Frey, hereby swear that I huve served u true certified copy of the Complaint in Divorce. with Notice to DC:fend. in the above- cuptioned matter upon Anthony J, Barbera 1249 Decrlield Parkway. ApI. 103 Buffalo Grove. IL 60090 by depositing same in the Unitcd Slates Mail, postagc prepuid. ccrtified mail uddressee only. return rcccipt rcqucsted und by United Statcs Mail. poslugc prcpaid. first c1uss mail on Scptcmber 27, 1995. The Complaint in Divorce with Notice to Defend was relurned to my oflke unopenned; the Complaint in Divorce. with Noticc to Dcfend. sent by United States Mail. postuge prepuid. lirst class mail on Septcmber 27. 1995 wus not returned at any time. ---1_ Rohert G. Frey Attomcy for Plainti 1'1' 5 South Hanover Street Carlisle. Penm.ylvania 17013 (717) 243.5838 Sworn and subscribed 10 before me Ihis I st day of Fcbruary. 1999 , C ')1 EJ~., ~. / )/ ,'^ '- ...-- lL..r' o(t .- l. ./ NOI.nol S..I 0I0ria s. Auto.', Notary PullIlc MIddIeH. Twp. .'l:"mbotfend CounlV "\ "'ommlMlt)n F. ~p'rE"\ Aug. 22, 1Mr, -" .';"':-".~.--:.-"".",,,-.:,,._. - ~ ,- .... B. Every other Monday evening beginning Monday, February 15, 1999. The children will be pickod up by their Mother at their residence at 5:00 p.m. and dropped off by the Mother at 8:00 p.m. The next Monday visit would be Monday, March 1, 1999 and will continue every other week thereafter. 3. The parties shall alternate the Thanksgiving and Christmas holidays as follows: A. The Mother shall have Thanksgiving in odd numbered years. She will pick up the children at 5:00 p.m. on the last day of school and the parties will meet at 6:00 p.m. at the designated exchange point (Red Horse Steakhouse) the evening before school resumes. The Father shall have the Thanksgiving holiday in even numbered years. B. Christmas school holiday will be divided into two (2) segments. In odd numbered years, the Mother will pick up the children at their residence at 5:00 p.m. on the last day of school and return them to the Father at the designated exchange point (Red Horse Steakhouse) at 6:00 p.m. on December 24"'. The Children will spend the remainder of the Christmas holiday with the Father. In even numbered years, the mother will pick up the children at their residence at 5:00 p.m. December 24'" and return them to the Father at the designated ~ exchanga point (Rad Horse Steakhouse) at 6:00 p.m. on the day befora school resumas. 4. As to the other holidays, the Mother will have Memorial Day, Spring Break and Easter each year. In the event Mother's regular alternating weekend adjoins a school holiday on Martin Luther King Jr. Day, Presidents Day or Columbus Day, she will retain them for a three (3) day weekend with the children being exchanged at 6:00 p.m. on the evening of the holiday at the regular exchange point (Red Horse Steakhouse). The Father will have Labor Day weekend and July 4t". The July 4'" holiday shall include the weekend in the event the Fourth of July falls on a Friday, Saturday, Sunday or Monday which creates a three (3) day weekend. On the Memorial Day, Spring Break and Easter holidays the children willl::e picked up at their residence at 5:00 p.m. on the day school ends and will be exchanged at the Red Horse Steakhouse at 6:00 p.m. the evening before school begins. 5. The Mother shall have five (5) weeks of partial custody in the summer beginning on a Sunday evening (five weeks prior to the children's return to school) with the Mother picking up the children at 5:00 p.m. at their residence with the return of the children being exchanged at the Red Horse Steakhouse on the Sunday before school begins at 6:00 p.m. In the event school begins on a Monday, the children will be exchanged at the Red Horse Steakhouse on the preceding Saturday at 6:00 p.m. and will commance on a Saturday. The alternating weekend visitation schedule would continue during the summer months with fathar receiving what J would ordinarily be his weekend on an alternating rotation during Mother's periods of partial custody unless either perent is traveling. The exchanges for Father's weekends during Mother's summer vacation period shall take place at 6:00 p.m. on Friday and Sunday at the Rad Horse Steakhouse. For partial custody in the s(Jmmer of 1999, the Mother's schedule shall begin with pick-up at the children's residence at 5:00 p.m. on Saturday, July 24, 1999 and with the transfer of the children at the Red Horse Steakhouse at 6:00 p.m. on Saturday, August 28, 1999. In the event either parent is traveling during their periods of custody in the summer, thereby precluding the other parents alternating weekend, the traveling parent will give the other parent thirty (30) days notice of the travel plans which would preempt the regular alternating weekend schedule. 6. Mother's Day shall be with Mother and Father's Day shall be with Father regardless of the weekend rotation from 5:00 p.m. Friday when the children shall be picked up at their residence until Sunday at 6:00 p.m. when they shall be exchanged at the designated location (Red Horse Steakhouse) . 7. The holiday schedule shall supersede the regular visitation schedule. If any scheduled holiday other than Christmas would give either parent more then two (2) consecutive weekends, the alternation of the weekends shall resume following the second consecutive weekend. 8. Each Darent shall provide the other with his or her home telephone number to be used only for urgent matters regarding the children or for rellonable 4 telephone contact with the children. Each parent shall also provida an itinerary and specific talephona numbers when he or she is traveling with the children so that the non-custodial parent can contact the children evory other day. 9. Each party shall have reasonable telephone contact with the childran when they are in the custody of the other party. Reasonable contact shall mean one telephone call per day unless circumstances dictate otherwise. The custodial paront shall ensure that telephone messages left by the other party are promptly answered by the children. 1 Q. Both parents shall be responsible during their periods of custody for getting the children to their significant activities wh..:h shall be deemed to include school performances, tests, major scout trips and opening days for soccer and baseball. To the extent that these activities may fall during Mother's period of partial custody, Father shall provide notice of such activities to Mother at the time such activities are first scheduled. 11. The Mother shall contact Peter's allergy doctor, Diane Schuller, M.D. at (717) 531-5338 regarding his medications and will see that the medication directions of Dr. Schuller and the children's pediatricians, Drs. Christopher Ryder and Kevin Barnes, are followed during Mother's periods of custody. During her periods of custody, Mother shall arrange for the timely administration of Peter's scheduled allergy desensitization shots and agrees to administer to either of the children any 5 medications which they are prescribed during her periods of partlel custody or which they prescribed on an ongoing basis. 12. During each perent's poriods of partial custody when the children Ire in school, that parent shall be responsible for the children completing their homework assignments. 13. The Mother agrees to promptly return to Father the children's PllssportS. The Father will promptly apply for new passports which will be mllintained in his possession. If Mother and the children will be taking vacation or other trip that would require the children to have possession of passports, Father will surrender the passports to Mother thirty (30) days in advance of the commencement of the trip and the passports will promptly be returned to Father upon the completion of the trip or upon cancellation of the trip. 14, Both parents shall exercise their best efforts to insure that items of personal possessions brought with the children to the other parent's home are returned with the children to the first parent's home at the end of each period of partial custody. The parties recognize that the nature and type of personal possessions that the children may have with them at any given time can be quite varied and agree that both parties shall encourage the ch;ldren themselves to keep track of the items that they bring with them so that they can be returned at the end of the pillriod of partial custody. In the event an item is forgotten, at the time of the exchange of partial custody, the parent in possession of the item or items shill bringÿ 6 It to the next exchange. In the case of urgently needed school materials. the parent will be responsible for overnlghting the item or items to the other parent. , 5. The parties may modify the custody schedule set forth In this Ordar by mutual agreement. In the absence of mutual agreement. the tarms of this Ordar shell control. " ., Sundey when the childrlln will be exchenged between the perents et the i=led Horse Steakhouse outside of Frederick, Marylend near US Route 15. The alternate weekend schedule shall begin on Friday, February 19, 1999. B. Every other Monday evening beginning Monday, February 15. 1999. The children will be picked up by their Mother at their residence et 5:00 p.m. and dropped off by the Mother at 8:00 p.m. The next Monday visit would be Monday, March 1. 1999 and will continue every other week thereafter. 3. The parties shall alternate the Thanksgiving and Christmas holidays as follows: A. The Mother shall have Thanksgiving in odd numbered yaars. She will pick up the children at 5:00 p.m. on the last day of school and the parties will meet at 6:00 p.m. at the designated exchange point (Red Horse Steakhousel the evening before school resumes. The Father shell have the Thenksgiving holiday in even numbered years. B. Christmas school holiday will be divided into two (2) segments. In odd numbered years, the Mother will pick up the children at their residence at 5:00 p.m. on the last day of school and return them to the Father at the designated exchange point (Red Horse Steakhouse) at 6:00 p.m. on December 24'". The Children will spend the remainder of 9 the Christmas holiday with the Father. In even numbered years, the mother will pick up the children at their residence at 5:00 p.m. December 24'. and return them to the Father at the designated exchange point (Red Horse Steakhousel at 6:00 p.m. on the day before school resumes. 4. As to the other holidays, the Mother will have Memorial Day, Spring Break and Easter eech year. In the event Mother's regular alternating weekend adjoins a school holiday on Martin Luther King Jr. Day, Presidents Day or Columbus Day, she will retain them for a three (3) day weekend with the children being exchanged at 6:00 p.m. on the evening of the holiday at the regular exchange point (Red Horse Steakhousel. The Father will have Labor Day weekend and July 4'". The July 4'" holiday shall include the weekend in the event the Fourth of July falls on a Friday, Saturday, Sunday or Monday which creates a three (3) day weekend. On the Memorial Day, Spring Break and Easter holidays the children will be picked up at their residence at 5:00 p.m. on the day school ends and will be exchanged at the Red Horse Steakhouse at 6:00 p.m. the evening before school begins. 5. The Mother shall have five (5) weeks of partial custody in the summer beginning on a Sunday evening (five weeks prior to the children's return to school) with the Mother picking up the children at 5:00 p.m. at their residence with the return of the children being exchanged at the Red Horse Steakhouse on the Sundey before school begins at 6:00 p.m. In the event school begins on a Monday, the to children will be exchanged at the Red Horse Steakhouse on the preceding Saturdey et 6:00 p.m. and will commence on a Saturdey. The alternating weekend vis/tItian schedule would continue during the summer months with father receiving what would ordinarily be his weekend on an alternating rotation during Mother's periods of partial custody unless either parent is traveling. The exchanges for Father's weekends during Mother's summer vacation period shall take place at 6:00 p.m. on Friday and Sunday at the Red Horse Steakhouse. For partial custody in the summer of 1999, the Mother's schedule shall begin with pick-up at the children's residence at 5:00 p.m. on Saturday, July 24, 1999 and with the transfer of the children at the Red Horse Steakhouse at 6:00 p.m. on Saturday, August 28, 1999. In the event either parent is traveling during their periods of custody in the summer, thereby precluding the other parents alternating weekend, the traveling parent will give the other parent thirty (30) days notice of the travel plans which would preempt the regular alternating weekend schedule. 6. Mother's Day shall be with Mother and Father's Day shall be with Father regardless of the weekend rotation from 5:00 p.m. Friday when the children shall be picked up at their residence until Sunday at 6:00 p.m. when they shell be exchanged at the designated location (Rad Horse Steakhouse) . 7. The holiday schedule shall supersede the regular visitation schedule. If any scheduled holiday other than Christmas would give either parent more then two 11 (2) consecutive weekends, the alternation of the weekends shall resume following the second consecutive weekend. 8. Each parent shall provide the other with his or her home telephone number to be used only for urgent matters regarding the children or for reasonable telephone contact with the children. Each parent shall also provide an itinerary and specific telephone numbers when he or she is traveling with the children so thet the non.cust~dial parent can contact the children every other day. 9. Each party shall have reasonable telephone contact with the children when they are in the custody of the other party. Reasonable contact shall mean one telephone call per day unless circumstances dictate otherwise. The custodial parent shall ensure that telephone messages left by the other party are promptly answered by the children. 10. Both parents shall be responsible during their periods of custody for getting the children to their significant activities which shall be deemed to include school performances, tests, major scout trips and opening days for soccer and baseball. To the extent that these activities may fall during Mother's period of pertial custody, Father shall provide notice of such activities to Mother at the time such activities are first scheduled. 11. The Mother shall contact Peter's allergy doctor, Diane Schuller, M.D. lit (717) 531-5338 regarding his medications and will see that the medication directiOM of Dr. Schuller and the children's pediatricians, Drs. Christopher Ryder and Kevin 12 Bernes, are followed during Mother's periods of custody. During her periods of custody, Mother shall arrange for the timely administration of Peter's scheduled allergy desensitization shots and agrees to administer to either of the children any medications which they are prescribed during her periods of partial custody or which they prescribed on an onGoing basis. 12. During each parent's periods of partial custody when the children are in school, that parent shall be responsible for the children completing their homework assignments. 13. The Mother agrees to promptly return to Father the children's passports. The Father will promptly apply for new passports which will be maintained in his possession. If Mother and the children will be taking vacation or other trip that would require the children to have possession of passports, Father will surrender the passports to Mother thirty (30) days in advance of the commencement of the trip and the passports will promptly be returned to Father upon the completion of the trip or upon cancellation of the trip. 14. Both parents shall exercise their best efforts to insure that items of personal possessions brought with the children to the other parent's home are returned with the children to the first parent's home at the end of each period of partial custody. The parties recognize that the nature and type of personal possessions that the children may have with them at any given time can be quite veried and agree thet both parties shall encourege the children themselves to keep 13 track of the items that they bring with them so that they can be returned at the end of the period of partial custody. In the event an item is forgotten, at the time of the exchange of partial custody, the perent in possession of the item or items shall bring it to the next exchange. In the case of urgently needed school materials, the parent will be responsible for overnightlng the item or items to the other parent. 15. The parties may modify the custody schedule set forth in this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shell control. NOW THEREFORE, the parties mutually agree as follows: WHEREFORE, the parties hereto set forth their signatures intending to be legally bound. WITNESSES: I~L~( 7<. ~(;t-UktidMJe."" A an R. Hayakawa oh /}~ 7fiif~/ vMtc-hele . Tayldt" 14 , " "'I, VIN"Ji\1.\S~lN3d A11~n(n ('\" ,'"!f'p'NnO gO:i; \Id Z l 1.13.:l 66 ""]1" ,I' ~ I\CJI .,...oJ. ,,,..-' , '.. -:;Iv ,1::;',11') o:rll-J GARY L JAMES MAX J. SMITI~ JR. KAREN DURKIN JOlIN J. CONNhL Y, JR. STUART J. MAGDlILE FRANK P CLARK SUSAN E. LEDERER STEVEN A. STINE JOlIN J. M(.'NALL Y,III (iREOORY K. RJCHARlJII SCOTf A. DIElTERJCK JARADW.IIANDELMAN LA W OFFICES Jamlls, Smith, DurAl" & Connelly LV P.O. BOX 6~0 UERSUEY. PENNSYLVANIA 17033 Strect IIddrcas 134 SIPE AVENUE IIlJMMELSTOWN, PENNSYl.VANIA 17036 E.mall address: Inror;iUsdlc,all.:om 1I.,nlb... om.., 101.112 WolnUISlrt'1 Ih,,,llbu'io PA 17101 (7/7)231-4776 (717) 53),)210 FAX (717) 5J).2795 February 17, 1999 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA \7013 Re: Alan R. Hayakawa v. Michele F. Taylor No. 95-4135 - [n Custody Dear Judge Oler: Pursuant to this office's telephone conversation with your office, please cancel the above. referenced hearing scheduled for Wednesday, February [7, [999, at [:30 p.m. as the parties and their respective counsel have executed a Stipulation and will be forwarding an Order for your signature. JJC:jlk Very tl1,l1y-yours, "- ( 'f[ C;;;''',:" , . ~./ cc: John C. Howett, Jr., Esquire Alan R. Hayakawll Ha 18" , , V:I"Il/l\lNi;\'l~.Pd "N"--' -, .-, " "'I'''''' 0J.I'i 'i! .: '; " ,;' -, ! I',) .., \ 'c-t'tp r. . "I i, L l.ilr 00, ","'1 /I, ,j ,~I , ..J