Loading...
HomeMy WebLinkAbout97-02417 =---- ;0-, t' .~~-~>~~.:._-.;. :~'.__...J..~'~.""":."...""-:':'~~i~~~-~~ ':'.~.r'::~_~::Y;":,,:, '~~~.' ",:.....;~'~os~. -'. ~\ ,,_", t I ~J . \ ~ '" ~ ~ ~ ~ ~ \. \I ~ It ~ ~ ~ / { ~'t;.it'~~~;:';1N.:r;i2Z""'~ i~it~il~;~~-~j~b \frJ.1}n~.~i~~~t{$Y ,_...~,?,:.,.. '.';'~ -',_ :\:.~'.."..'!.' _7. ...,fl,.,5""-"'. ,..1:"1'" l~~(_t. _'-~':i' f\'~:~-'~'~ ~,~,~.I'.:'(' 't-~"" . ''''<'ti~,'t.''''i't'''C",;'"j'\'tlt~' J:,V";l-..~' i~.i'!':;'~~"-;.;~.r '( ~ >\;.'.:, ,,'. '. ".."".r:'.I1' ~':';\\:t';:;' {.Jr,;' ',: (~"IY!'; ;~ t:.~ !~"1."'\l/1 \,';'~'~: ,;Ij~.~~;~r".; '.l~ ; ,', -f'- r<t';"I't d" t::rl:.-.l ~if,~{t:};~::} :~>;:f'~~:,'~ "e::-.'$,-~d'-~ f '. "~f," \ T ():)-..(,~. ~~;~~~~{;;g~;~'~:;':(:';;~: ,::",':~:9;:~:~ S,,~IJ .'<I,'r" .' , ~, . .~ ~<,~ .".1""...f!'....;:-"'._.<..,"'..".)>---'~ ..:lO-,~'~j~~,.T_"., \ 0," ~~. ': .,..~~~,:..;."ioPI!. . " ...._~...' ,......1; ."'" ,..-. *.' . ,-....: '1:.. Ii!!'<\- '-lj~~j~. {;;.4~:. " ;': i" : .~'~, ',:?t :s::~< ~~,,: ...i,~ :;'i'.'(I\~.'''.t'!.;;-'' , . .~, r - '.~' I'~ ~-.. .~ ... ~'~'I~V,.~J,,~<f1. I"" ""i"':' ~\:,'''"I~'l~~''' ~~~1:::p~,~:?}~?:.~,....f<..~,':1 ,~.l:.f _" .... d~ -:;.~.,:~,,~. 1.:') 'lilio.'" ift~"~...!;l ,> .... ~. l.'", i. 1'- --"'< '~I' ~~ ~ "Ii "."".,. Ii ","" . . , r " ,.., l ,,;",: r,' ""'hl1..~'V,li~~~",,";r>:;";''';H~~ " } ~..:,. 0' ,:.J\....... filt"tI,>'c~S;;I.S:.t'l;:':''i'''''' '.' 'll:'" "0""1":- '''}~~''i;':'-'';''<' Nc~,:""" 'I" }"'" ".' \1(\tr,~"i;$'H.,,;:,;';F";' '.. 'I'~ -= '\':("::' i." {"~of:Y1.:fi;.(1f~,(i::'i.,.~,,~'i. ,u:...... ~ " - I'~ '"'- WN;"~"'"'~"'<""'''';'' " h' ' ,..'~~');'1.~-';~\r~~';;,'\t'~ ~~,:;'" I 1; ",; If'}j_I!o''~b,:-;t;I!,.;r'> I ,;:,' I . ' 16'6')" *1~~{!~~;';:"\~:;;'~ . ,:L .:, F: fi ~: ~~)f~"/.~;'_V'i!~~J..;.~~.:l ".,,'\.;:,' gl:' .'11 : .1' .<,,'i.l: ,Wj\{, , , .',,'r'" , 'I' ,C\ ' '. . .c/Ji;J,,;:c.<t ~..1';"'" "I'll', ,..' ~,~,!,fi';::;.~!,~!y;..1'!':;r~'-::" ~,' ,. .' 01:, 'I' > .,,.,cc,^,,,,t<', :'~' ".<.,' ,d .. 1 " ,.. ',: ' ' ,,'''l~'''.i'~';:''''''"I'''''''.' " " ..." ," "tIP;!,' ;:.."J,~.t: ('.:'-.~"'j~ ~' l' . .~. ~ ~t~.;:::,t";''''d.;..'r;~--' .' ., " 0" "',' .', '. . !~\'3!,i\':fr;;,;;\,"'''';'", ' -': . ,.," i', ; ",,'I~,'>;~t1~t~~~d,F; ,';;' ,,:'~'. ,'; ;,:;,:;, ,;. It.-~~ ;:1t..~.)'f':" \J-~"~' . . \ ,," ,_~I, " ~'" ,'", I'...."...' " . .~, I ,,' 1(:",'. ;~,.,""r',"'" .',.' ..,.. "., " ,;, .,~~j!.y;;.;,;,;,;<"!:.,:.,.',, '! '.~ :,.'.. " i,'>!'!"""";)f'{~"'";''~''' ," 'cr '.' ;:v.tr;JP-."ll'(';'-!/:~; .) ,I',' '. ",1" . , -.J:'" ;g~.'.r.~;'.~'-'Jr!"i,"~-~il'\ :~~' 'J ':' "j !' ,_ ,.".......,,' ..j" " ,I ,'. ",,'J " I .r}.:, . "';'f-,-;..;~...\..a:"'';:\-M' j -' - 'j," " ~j~",,,d""~,'t;'" ,..'.".., ".... ;....1 ,';;"f"..~'JI""~!:',"'''.'''}''' '. ",: . .,' '.,~,'. '3'~::" iiJi!l:I.~(j;\i'%;i""'''' .' . ..r". ,', " '. ',1 ~{,'. ;'!~j,1",,!'1:~':;':" ;'..: ", '..,' ,',;':;,:1 ~':i:}.!f.1i':(~"'i;.:~~Ai-:;,'j. ',r:... "" -,.,;, ,::.'.o';~X.1J .\; ",.1~,,:',,'7;":'~"" ,:~:.,..,.,..'. I.:"'?:'.": , ' ,;'i,,\\;(--..~-j..;J:',' ''-'1<'[''1.'" J': :(,. !#:;-:-11l:\1,~,"'~":"'. '..... .~..... ;-1"~ .' ; ;." ,:..\ ':'~! .'; , ;.~:'...~I ,\.,,..,f'..-": ~ ;'1' ..] "I.,' ,,"" " "/:-,,,'1, ,:r:.':, f'" .,..t.._..".,..,-s.;,.,-'.,- "~,),,~~;'.., '" \ ,_.' ,~. ./t, ,"\ '~I" ~ 1- ,t.~ .~. < ~ ,... II "''-', . ..,-' -. .'-'. .' \r';~}:,.i" --:" ,r', (I' ... /;\~./-: !,';': ,:J" ~"',, -; n~' 1.!J~'4!; . \. .~,' . ,".' , <, " ~"~,,..,. ~,j',',::', i" ,..", ':~.. ;.;" '," ,".',-' C', '. ~ t ('-ll 11;'_' ,-t.p, I~ < : -/ ., ~1.'I~- ,"~"-' "\ If~~I~:~.i!;i!*t'i~>~j;1 ..,\".,.:1.;';' ' ,.' ,..... "".... ,'.,..,,1 . .~~~~1~1i~~~)~.?" ','J;/'.,C\:(,~~,~',51,'j' ~ 'iliJi:}Ifii~';,."C"'<'" '..1. .' .,,,'!" "",'~";"', ~!!!%VJ"'\";i;;[~1 ~ The defendant is enjoined from entering the plnintil1's place of employment and the schools and day care facilities of the parties' minor children. The defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of$100.00-$I,OOO.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the nart of the pIn in tiff and defendant shall not nullifv the provisions of the court order. This Order shall remain in elTect until modified or terminated by the Court and can be extend cd beyond its original expiration date if the Court Iinds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. Temporary custody of Hollyann Marie Hammaker, Eric Timothy Hammaker, 11, and Dakota Lee Hammaker, is hereby awarded to the plaintiff, Tina Marie Hammaker, /~, 1997, AT A HEARING SHALL BE HELD ON THIS MA TIER ON MAY d. :JO f .M., IN COURTROOM NO. -1.., OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. The plaintiff may proceed without pre-payment of fees pending a further order aller the hearing. The Cumberlnnd County Shcril1's Departmcnt shall attempt to make service at the plaintifl's rcquest and without prc-payment of fees, but service may be accomplished under any applicable rule 01' Civil Procedure, This Order shnll be docketed in the office of the Prothonotary and forwarded to the SherilT for service, The Prothonotary shall not send a copy ol'this Order to the defendant by mail. The Silver Spring Township and West Shore Regional Police Departments shall be provided with certified copies of this Order by the plaintifi's attorney, This Order shall be enforced by any law enforcement agency whcre a violation occurs by arrest for indirect criminal contempt without warrant upon probable cause that this Order has becn violated, whether or not the violation is committed in the prcsence of the police officer. In the event that an arrest is made. under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa,C,S. !l(113), / .I /" .;j/j ~ ')lvdl') \ gj Joan Carey j ') . LEGAL SERVICES. INC. I N;"'~.r -::;PIV lL. Attorney for PlaintilT J. ? 1'7 'r!Lm.()~F18~ '0= ". 'c "y,. ,.''' ""TIny , I. ,', VI ~7 r:~Y -9 :\:111: l.~ Cl::'.::::~,~" . ..~. .. .,.: ~:y FE;';:\S'fLVt'~ ~j\ TINA MARIE HAMMAKER, PlaintilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ERIC TIMOTHY HAMMAKER, Defendant NO. 97- :J l//7 PROTECTION FROM ABUSE & CUSTODY CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly aller this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of$25,OO will be assessed against you, You may also be required to pay allomey fees to Legal Scrvices, Inc. for their representation of the plaintiff. 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, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. n) On or nbout Mny 6, 1997, the dcl'endant nrgued with the plnintil1' and harassed her relentlessly, bccame angry and threw scvcral compact discs in plastic cases at the plaintil1'hitting her on the hand nnd foot cnusing Incerations, When the plaintilTwent upstairs to clean her wounds, thc parties' S-year-old son, Eric, came into the bathroom, showed hcr a dollar bill, and told her that the defendant gave him the money and told him to call his mother n "nigger lover", During this incident the defendant also threatened to "get" the plaintiff's 72-year-old father (who lives with the family and suOcrs from debilitating congestive henrt disease) and throw him out into thc yard not caring if his father-in-law died, The defendant telephoned the police who responded but as soon as the police lell the residence, the defendant began harassing the plaintilT again. The plaintiff contacted the police officers, who returned immediately to the residence, ndvised the defendant to cease his harassing behavior, and told the plaintil1'to go to her bedroom and stay there to avoid further contact with the defendant. The plaintilT took the four minor children (ages II, 6, and 5 years, and II months) into the room with her and latched the door. The defendant jimmied the latch and entered thc room, rummaged through the contents of the room, threw clothing and personal items about, and threatened the plaintiff and children saying, "I'm going to call the police; they're going to arrest me and your mom and take us to jail, and Children Services will take you kids away," causing the children to become traumatized. When the plaintilT went downstairs with the children. the defendant followed her into the kitchcn, picked up a butcher knife, and in front 01' the parties' 6-year-old daughter, Hollyann, pointed the knife at his mid-section, thrcatened to kill himself, told the plaintiff that shc would have to clean up the mess and that it would be her fault, and began a sawing motion on his wrists with the knife traumatizing thc child, The plnintiff telcphoned the police for help and when the Silver Spring Township Police rcturned to the residcnce, the defendant was charged with harassment and disorderly conduct, nrrested, arraigncd bcfore District Justice Daihl, and takcn to Cumbcrland County Prison. A condition of the defcndant's bail is that he not return to the marital propcrty, A preliminary hearing on the criminal charges has llecn scheduled for Monday, May 19, 1997. at 9:30 a,m" before District Justice Farner. b) On or about April 13, 1997, the plaintilT telephoned the police when the defendant continucd to harass her, The defendant pushed thc plaintiff against thc wall, grabbed hcr by the nrm, spun her nround as shc tried to get away from him, and kicked her in the leg. The plaintiff sustaincd bruising on her leg as a result of this incident. Fearing for her safcty and that of her children, the plaintilT took the children and stayed with relatives until the following day, Police respondcd, 5, The plaintilT believes and therefore avers that she is in immediate and prescnt danger of abuse from the defendant should she remain in the home without thc defendant's exclusion and that she is in need of protection from such abuse. 6. The plaintilT desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, 7. The plaintilT desires that the defendant be enjoined from harassing and stalking the plaintiff. and from harassing her relatives, or the minor children, 8, The plaintilT desires that the defendant be restrained from entering her place of employment or the schools or day care facilities of the minor children, 9. The plaintiff desires that the defendant be enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. B. EXCLUSIVE POSSESSION 10. The home from which the plaintilT is asking the Court to exclude the defendant is owned in the names of Tina Marie Hammaker and Eric Timothy Hammaker, II. The plaintilT currently has no place to stay with the minor children except the marital home, and the defendant has family and friends in the area with whom he can stay. 12. The plaintilT desires possession of the home so as to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities, 13. The plaintilT desires the defendant to provide suitable alternate housing for her and the minor children, C. SUPPORT 14. The defendant has a duty to support the plaintilTand the minor children, 15. The plaintifi'is in need of financial support from the defendant including, but not limited to: payment health insurance coverage, payment ofunreimbursed medical expenses for the plaintiff and/or the children, and payment of the mortgage payment on the residence at 6591 Carlisle Pike, Mechanicsburg. Cumberland County. Pennsylvania, 16. The defendant is employed at DA Blosser Construction Company, 403 5th Street, Summerdale, Cumberland County, Pennsylvania. and earns approximately $500,00 weekly, 17. The plaintifi's income is insufficient to provide for her minimal needs and those of the children until such time as a support order can be obtained by tiling at the Domestic Relations Office. 18. The plaintiff intends to petition for support within two weeks of the issuance of a protection order, D. REIMBtJRSEMENT FOR COST OF CASE 19, The plaintiff desires that the defendant be ordered to pay $250,00 to Cumberland County, one of Legal Services, Inc,'s funding sources, in lieu of attorneys' fees, as reimbursement for the cost of litigating this case and assessing the $25,00 surcharge and court costs to the defendant if the case goes to hearing. She is married, The plaintilT currently resides with the following pcrsons: Name Hollyann Marie Hammaker Eric Timothy Hammaker Dakota Lee Hammaker Matthew Houseman Harry McKay Relationshio her daughter her son her son her nephew her father The defendant, the fathcr of the children, is Eric Timothy Hammaker, was released from Cumberland County Prison in Carlisle, Pennsylvania, on May 7, 1997, and lell no forwarding address. He is married. 21, The plaintiff has not previously participated in any litigation concerning custody of the above mentioned children in this or any other Court. 22, Thc plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction, 23. The plaintiff docs not know of any person not a party to this action who has physical custody of the children or claims to have custody or visitation rights with respect to the children, 24, The best interests and permanent welfare of the parties' minor children will be met if custody is temporarily granted to thc plaintilT pending a hearing in this matter for reasons including: a, The plaintilT has provided for the emotional and physical needs for the minor children since their births and is a responsible parent who can best take care of the children. b, The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor children. c, The defendant's behavior has adversely alTected the children, WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S, ~6101 ~ ~" as amended, the plaintilTprays this Honorable Court to grant the following relief: A. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I. Ordering the defendant to refrain from abusing the plaintilT or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintilT including. but not limited to, telephone and written communications, 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing her relatives and the minor children. 4, Prohibiting the defendant from entering the plaintiffs place of employment and the schools and day care facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, to the plainlilT to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintilT may establish for herself pending a final order in this matter. 7. Ordering the defendant to provide suitable alternate housing for the plaintilT and the parties' minor children, 8. Granting temporary custody of the parties' minor children to the plaintilT. 8, Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in elTect for a period of one year; I. Ordering the defendant to refrain from abusing the plaintilT or from placing her in fear of abuse, 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintilT including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and stalking the plaintilT and from harassing her relatives and the minor children, 4. Prohibiting the defendant from entering the plaintiffs place of employment and the schools or day carc facilities of the minor children. 5. Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff. 6. Granting possession of the home located at 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, to the plaintilT to the exclusion of the defendant, and ordering the defendant to stay away from any residence the plaintilT may establish for herself pending a final order in this matter. 7. Ordering the defendant to provide suitable alternate housing for the plaintilTand the parties' minor children. 8, Granting support to the plaintilT and the parties' minor children in the amount of $200,00 per week payable to the plaintilT in the form of a check or money order, mailcd to her residence; ordering the defendant to pay for the health coverage for the plaintill'and the parties' minor childrcn currently paid lor by thc plaintilT through her employer; ordering the defcndant to pay all 01' the unreimbursed medical expenses of the plaintilT and/or the parties' minor children to thc provider or to the plaintiff when she has paid for the medical treatment, and ordering the defendant to make or continue to make mortgage payments on the residence of the plaintilT at 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 9. Ordering the defendant to pay $250,00 to Cumberland County, one of Legal Services, Inc.'s funding sources, in lieu of attorneys' fees, as reimbursement lor the cost of litigating this case and assessing the $25.00 surcharge and court costs to the defendant if the case goes to hearing, The plaintilT further asks that this Petition be liIed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that certified copies of this Petition and Order be delivered to the Silver Spring Township and West Shore Regional Police Departments and any other appropriate police department which has jurisdiction to enforce this Order, The plaintilT preys for such other relief as may be just and proper. COUNT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 25. The allegations of Count I above are incorporated herein as if fully set forth, 26. The best interest and pernmnent welfare 01' the parties' minor children will be served by conlirming custody in the plaintilTas set forth in Paragraph 24 of the Petition, WHEREFORE, pursuant to 23 P.S. ~ 5301 et ~., and other applicable rules and law, the plaintiff prays this Honorable Court to award custody of the parties' minor children to her. TINA MARIE HAMMAKER, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-2417 CIVIL TERM ERIC TIMOTHY HAMMAKER, Defendant PROTECTION FROM ABUSE & CUSTODY It PROTECTION ORDER AND NOW, this17 f day of May, 1997, upon consideration of the Consent Agreement of the parties, the following Order is entered: I. The defendant, Eric Timothy Hammaker, is enjoined from physically abusing the plaintiff, Tina Marie Hammaker, or from placing her in fear of abuse, 2. The defendant is ordered to refrain from harassing and stalking the plaintilT and from harassing her relatives and the minor children, 3. The defendant is prohibited from entering the plaint ill's place of employment, or the schools or day care facilities of the minor children. 4, The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintilT or jointly owned by the parties, 5. The defendant is excluded from the plaintiff's residence located at 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintilT may in the future establish for herself The defendant shall remain in his vehicle on the street at the curb during transfer of custody of the parties' children, 6, Court costs and fees are waived. 7, This Order shall remain in effect for a period of one (]) year and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 8. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C,S, ~6113; ii) a private criminal complaint under 23 Pa,C.S, ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S, ~6114, punishable by imprisonment up to six months and a line of $100,00-$1,000,00; and iv) civil contempt under 23 Pa,C.S, ~6114,1. Resumption of co- residence on the part of the plaintilT and defendant shall not nullifY the provisions of the court order. 9. The Silver Spring Township and West Shore Regional Police Departments and any other appropriate police department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice, (23 Pa.C.S. ~6113). By t e Court, \~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Eric Timothy Hammaker, Defendant c/o Donald Blosser 403 5th Street Summerdale, P A 17093 Attorney for Defendant Kor~tt~ cJ2f:fJL TINA MARIE HAMMAKER, PlaintilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-2417 CIVIL TERM ERIC TIMOTIIY HAMMAKER, Defendant PROTECTION FROM ABUSE & CUSTODY rff CUSTODY ORDER AND NOW, this ~ day of May, ]997, upon consideration of the parties' Consent Agreement, the following Order is entered with regard to custody of the parties' children, Hollyann Marie Hammaker, Eric Timothy Hammaker, II, and Dakota Lee Hammaker. I. The plaintiff, hereinafter referred to as the mother, and the defendant, hereinafter referred to as the father, shall share legal custody of the children, 2. The mother shall have primary physical custody of the children, 3. The father shall have partial custody of the children on dates and at times mutually agreed upon by the parties. 4, The father shall not use alcohol and/or illegal drugs prior to or during his periods of custody with the children. 5. The father shall be responsible for transporting the children during his periods of custody and shall have a responsible mutually agreed upon third party with a valid driver's license provide transportation until he has a valid Pennsylvania driver's license and can transport the children himself. 6. This Order shall remain in effect until further Order of Court. C>>..s78f).{ O~ 7. The mother and father shall notifY each other of all medical care the children receive while in that parent's care, Each parent shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 8, Neither party shall do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respect for the other parent. B'0~rtt Ji--- l,,, E. Sh~I,. P,,"m< J,d" C. .:... " , _I " -,- :! " \ ".-'J .<1 , <, ::J .~' (1 r": ~,J ":(.1 ., .ITl .' , -,'; ! ". J .::- .~ Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Eric Timothy Hammaker, Defendant c/o Donald Blosser 403 5th Street Summerdale, PA 17093 TINA MARIE HAMMAKER, Plaintill. IN TIlE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 97-2417 CIVIL TERM ERIC T1MOTl1Y IIAMMAKER, Defendant PROTECTION FROM ABUSE & CUSTODY CONSENT A~F:MF:NT This Agreement is entered on this _~_ day of May, 1997, by the plaintiff, Tina Marie Hammaker, and the defendant, Eric Timothy Hammaker. The plaintilT is represented by Joan Carey of LEGAL SERVICES. INC,; the delcndant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court, I, The defendant. Eric Timothy Hammaker, agrees to refrain from abusing the plaintiff, or from placing her in fear of abuse. 2, The defendant agrees not to harass and stalk the plaintiff and not to harass the plaint ill's relatives and the minor children, 3. The defendant agrees not to enter the plaintill's place of employment or the schools or day care facilities of the minor children, 4. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties, 5. The defendant agrees to stay away from the plaintill's residence located at 6591 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintilT may in the future establish for herself. The defendant agrees to remain in his vehicle on the street althe curb during transfer of custody of the parties' children, 6, The defendant, although entering into this Agreement, docs not admit the allegations made in the Petition. 7, The delendnnt understands that the Protection Ordcr entcred in this matter will bc in el1cct lor n period of onc (I) year and cnn be extendcd beyond thllttimc if the Court linds that the delendant has committed an act of nbuse or has cngagcd in n pattcrn or practicc that indicates risk of hlll'lnto the plnintilf. The defendant understands thai this Order will be enlorccable in the same manner as the Court's prior Temporary Protection Order cntered in this case. 8, Violation of the Protection Order may subject the defendllntto: i) arrest under 23 Pa.C.S, ~6ll3; ii) a private criminal complaint under 23 Pa.C.S, ~6Il3.1; iii) d charge of indirect criminal contempt under 23 Pa.C.S, ~6114, punishable by imprisonment up to six months and a line of$l 00.00-$1,000.00; and iv) civil contempt under 23 Pa,C.S. ~6114,1. 9, The defendant and the plllintilT agree to the entry of an Order providing for the following custody schedule for their children, Hollyann Marie Hammaker, Eric Timothy Hammaker, II, and Dakota Lee Hammaker, a) The parties will share legal custody of the children. b) The mother will have primary physical custody of the children, c) The father will have partial custody of the children on dates and at times mutually agreed upon by the parties. d) The father will not use alcohol and/or illegal drugs prior to or during his periods of custody with the children. e) The father will be responsible for transporting the children during his periods of custody and will have a responsible mutually agreed upon third party with a valid driver's license provide transportation until he has a valid Pennsylvania driver's license and can transport the children himself. I) The mother and lathcr agree that cach will notily the other of all medical care the childrcn rcceive while in that parent's carc. Each parent will notify the other immediately 01' medical emergencies which arise while the children are in that parent's care. g) The parties realize that their children's well being is paramount to any dilTerences they might have between themselves. Therefore, they agree that neither party will do anything which may estrange the children from the other parent, or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or respcct for the other parent. WHEREFORE, the parties request that a Protection and Custody Order be entered to reflect the above terms. -p.;,,^ Jm, ~(V(1"\ mo.ll U) Tina Marie Hammaker, PlaintilT ~#& Eric Timothy ammaker, Defendant LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 170\3 (717) 243-9400 ....<h ~. ............, 'il "t;J 1 4 F >- C:l L'- - ,:'" ,,~ , .. UI~ ., (~~ t' , i::. ,-. u , I r- '-'-,1 " . . ! L.' , , .-- J. I' ,-- C (,.... ,_.J '.',' ., , ., ,';",". ',.':.;.;' :! ",;, .-- ,- ~' \ TINA MARIE HAMMAKER, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 97-2417 CIVIL TERM ERIC TIMOTHY HAMMAKER, I, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights, ;-J../ ',/ . A hearing on this matter is scheduled on the 12- day of December, 2000, at '7. 3 J ~m., in Courtroom No.':':;' on the 4th Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsyl~ia, You MUST obey tlle Order that is attached until it is modified or terminated by the court after notice and hearing, If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a line of up to $1,000.00 and/or up to six months in jail under 23 Pa,C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, IS U,S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, IS U,S.C, ~ 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing, The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer. you may have to proceed without one, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACf OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing, TINA MARIE HAMMAKER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v, : Civil Action - Law : No, 97-2417 ERIC TIMOTHY HAMMAKER, I, Defendant : Protection From Abuse & : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ERIC TIMOTHY HAMMAKER, I, Defendant's Date of Birth is: January 20, 1966 Defendant's Social Security Number is: 160-54-9795 Name(s) of All protected persons, including PlaintilT and minor children: I. TINA MARJE HAMMAKER AND NOW, on 5th Day of December, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: PIaintirrs request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found, 2. Defendant shall be evicted and excluded from the residence at: 6591 Carlisle Pike Mechanicsburg, PA 17050 or any other permanent or temporary residence where PlaintilT or any other person protected under this Order may live, PlaintilTis granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of PlaintilT or any other person protected under this Order. 3. Except for such contact with the minor childlren as may be pennitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintill's school, business, or place of employment. Defendant is spccifically ordered to stay away from the following locations for the duration of this order. The marital residence listed above, and any other location where Plaintiff may stay or reside for the duration of this Order. PIaintil1's current place of employment or any other place where she may be employed for the duration of this Order: Weis Markets 10th & Louther Streets Camp Hill, PA The schools and day care facilities of the parties' minor children. 4. Except for such contact with the minor childlren as may be pennitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, 5. Pending the outcome of the Iinal hearing in this matter, PlaintilT is awarded temporary custody of the following minor childlren: ], BROOKE LACEY HAMMAKER Until the final hearing, all contact between Defendant and the childlren shall be limited to the following: Pending further Order after the hearing scheduled in this case Defendant shall have partial custody of the child, Brooke Lacey Hammaker, on dates and at times mutually agreed by the parties, Defendant ~hall contact Plaint ill's attorney in this matter to arrange periods of partial custody with Brooke and the parties' other minor children, Hollyann, Eric, and Dakota. NOTICE TO TilE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa,C.S. *6114. Consent of the PlaintilTto Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose. 23 Pa.C,S. *6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U,S.C. **2261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by thc policc who have jurisdiction over the plaintil1's residence OR any location where a violation of this order occurs OR where the defendant may be located, If defendant violates Paragraphs I through 5 of this Order, defendant shall be arrested on the charge oflndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse, Weapons must forthwith be delivered to the Sheril1's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the wcaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose fficer made the arrest. ~~) . :>-.,~".~-~.~~~~ Judge ~s- ......--...............___.."-'-,__~-c.......c"'-...._~..O....O~O....._..... .........""'- Date Di~triblltioJlJ9~ Joan Carey, Attorney for PlaintilT LEGAL SERVICES, INC. Slrvine Row, Carlisle, PA 17013 (7] 7) 243-9400 FAXed & mailed to PSP " " 'f PFAD Number: JM1166S12X TINA MARIE HAMMAKER, PlaintilT : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 97-2417 ERIC TIMOTHY HAMMAKER, I, Defendant : Protection From Abuse & : Custody PETITION FOR PROTECTION FROM ABUSE J. Plaintiffs name is: TINA MARIE HAMMAKER 2. I, (the Plaint ill), am filing this Petition on behalf of: , - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse, a. TINA MARIE HAMMAKER 4. Plaintiffs Address is: 6591 Carlisle Pike, Mechnnicsburg, PA 17050 5, Defendant's Name is: ERIC TIMOTHY HAMMAKER, I, 6. Defendant's address is: The Plaintill's relationship to this child is: Mother d, MATTHEW JAMES HOUSEMAN Age: 14 yn old The Plaintill's relationship to this child is: Aunt 20, The facts of the most recent incident of abuse are as follows: On about Monday, November 27,2000 location: 6591 Carlisle Pike, Mechanicsburg, PA, the marital residence. On or about November 24, 2000, Defendant, who moved out of the marital residence on or about November 20, 2000, returned to the residence, questioned Plaintiff as to her whereabouts, stood close to her and yelled in her face, called her names, and waved his arms about causing her to fear for her safety, and when she tried to get away from him, he followed her about the house yelling at her and calling her names. 21. Prior incidents of abuse that the Defendant has committed against PlaintilT or the minor childlren, (including any threats, injuries, or incidents of stalking) are as follows: During the week of November 20, 2000, Defendant telephoned Plaintill's cellular telephone and left vulgar me~sages and threatened that she should watch her back and watch her ass. Defendant also telephoned Plaintiff at her place of employment several times daily and made vulgar comments to her, and when she was not available to speak to, Defendant questionned Plain tilT's co-worken about her activities. On or about November 17, 2000, Defendant entered Plaintill's bedroom shook her and awakened her, leaned down close to her face and yelled at her, calling her vile names. On or about October 14, 2000, Defendant went to the home of Plaintill's friends when he saw her vehicle parked there, knocked on the door and windows repeatedly, demanded that she come out, and when Plain tilT's friends did not respond, Defendant telephoned their residence several times and left messages on their answering machine telling Plaintiff to come out of the house and talk with him. Later the same day, after Defendant realized that Plain tilT was not at her friends' house, he telephoned Plaintiff at her place of employment, described how he had stalked her, then called her vulgar names. After Plaintiff hung up on him, Defendant telephoned Plaintiff at her work 2 to 3 times. Plaintiff filed a Petition for Protection From Abuse and Custody against Defendant (No. 97- 2417, Cumberland County) and a Final Protection Order was entered by consent of the parties. Knowing Defendant's past violent behavior, Plaintill's fears have been exacerbated by the recent escalation in his violent temper and stalking of her causing her to fear for her safety. 22, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: SILVER SPRING TOWNSHIP POLICE DEPARTMENT WEST SHORE REGIONAL POLICE DEPARTMENT 23. There is an immediate and present danger of further abuse from the Defendant. 24, Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 6591 Carlisle Pike Mechanlcsburg, PA 17050 Owned By: Tina Marie Hammaker and Eric Timothy Hammaker, I. 25, The Defendant owes a duty of support to Plaintiff and/or minor childlren. 26, FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b, Evict/exclude Defendant from Plaintill's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this case Defendant shall have partial custody of the child, Brooke Lacey Hammaker, on dates and at times mutually agreed by the parties. Defendant shall contact Plaintif1's attorney in this matter to arrange periods of partial custody with Brooke and the parties' other minor children, Hollyann, Eric, and Dakota. Defendant shall not use alcohol and/or illegal drugs immediately prior to or during her periods of custody with the child. d, Prohibit Defendant from having any contact with PlaintilT and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintill's school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintil1's relatives and Plaintil1's children listed in this petition, except as the court may find nccessary with respect to partial custody and/or visitation with the minor child/ren. f. Order Defendant to pay temporary support to Plaintiff and/or the minor child/ren, including medical support and payment of the rent or mortgage on the residence. g. Order Defendant to pay the costs of this action, including filing and service fees. h. Order the following additional relief, not listed above: Order Defendant to refrain from harassing P1aintilrs relatives and/or the minor children. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Order Defendant to pay $250.00 to one of Legal Services, Inc. 's funding sources to pay the cost of litigating this case. i. Grant such other relief as the court deems appropriate. j. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. _Uy S,b"'"", by, &,.~.~ 0AN_<- ? 10an Carey ( Agency: Attorney for Plaintiff LEGAL SERVICES, INC. S Irvine Row Carlisle, PA 17013 (717) 243-9400 Q..L.j ~-.j ~ ' ~j\ ~ ~ ~.H >- '-'I ?-: C'. <.' ,,-... ,.' ~:": c:-; "= ; ;~:~~ , . , '- ..... : ... I"':~' c.' ,'I... ~.)~ , , ) (.-' -. 1(" ::~; f.;i ,- I ;.-1~ .. C. , ,:~it"a I w ~r_ . " f.' C- oO , u d TINA MARIE HAMMAKER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 97-2417 ERIC TIMOTHY HAMMAKER, I, Defendant : Protection From Abuse & : Custody CONTINUED TEMPORARY ORDER AND NOW, thil(~ay of December, 2000, pursuant to 23 Pa,C.S. ~6107(c), the tenns and conditions of the Temporary Order issued on 5th Day of December, 2000, in the above-captioned case are hereby continued in full force and effect, This order is in elTect until June 5, 2002. Upon consideration of the attached Motion for Continuance, the matter scheduled for hearing on December 13, 2000, at 9:30 a.m. by this Court's Order of December 5, 2000, is hereby c(lntinued generally. Distribution To; Joan Carey, Attorney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row, Carlisle, P A 17013 Cumberland County Sherifl's Department FAXed & mailed to PSP TINA MARIE HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 97-2417 CIVIL TERM ERIC TIMOTHY HAMMAKER, I, Defendant : PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE Plaintiff, Tina Marie Hammaker, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order continuing generally the hearing in the above-captioned case on the grounds that: I. A Temporary Protection From Abuse Order was issued by this Court on December 5, 2000, scheduling a hearing for December 13, 2000, at 9:30 aoom, 2, The Cumberland County Sheriffs Department has been unable to locate Defendant to serve him with a certified copy of the Notice of Hearing, Temporary Protection From Abuse Order and Petition for Protection From Abuse. 3. On December 11, 2000, during a telephone conversation, Defendant told Legal Services, Inc. staff that he knew that a Temporary Protection From Abuse Order was in effect against him, said that he had no intention of appearing at the hearing scheduled on December 13, 2000, and further stated that he would not cooperate in being served with the above-listed paperwork. 4, PlaintilTrequests that the Temporary Protection From Abuse Order remain in elTect for a period of IS months from the date it was entered, through June 5, 2002, or until further Order of Court, WHEREFORE, Plaintiff requests that the Court grant this Motion and continue this matter generally, and that the Temporary Protection From Abuse Order remain in elTect for a period of IS months from the date it was entered, through June 5, 2002, or until further Order of Court, whichever comes first. Respectfully submitted, /' ~~ Jp, iirey, Attorney for PI tiff L--EGAL SERVICES, INC. S Irvine Row Carlisle, PA 17013 (717) 243-9400 TINA MARIE HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 97-2417 CIVIL TERM ERIC TIMOTHY HAMMAKER, I, Defendant : PROTECTION FROM ABUSE AND CUSTODY NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defcnd against the claims set forth in the following papers, you must appear at the hearing scheduled herein, If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~ day of December, 2000, at ~\ ~ A.m., in Courtroom No.~ on the 41h Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated by the court iller notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subjcct you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S, ~6114, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, IS U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, IS U,S.C. ~ 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business bcfore 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, , ' TINA MARIE HAMMAKER, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYLVANIA v. : Civil Action - Law : No. 97-2417 ERIC TIMOTHY HAMMAKER, I, Defendant : Protection From Abuse & : Custody TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: ERIC TIMOTHY HAMMAKER, I, Defendant's Date of Birth is: January 20, 1966 Defendant's Social Security Number is: 160-54-9795 Name(s) of All protected persons, including PlaintilTand minor children: 1. TINA MARIE HAMMAKER AND NOW, on 5th Day of December, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: PIaintil1's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any placo where they might be found. 2. Defendant shall be evicted and excluded from the residence at: 6591 Carlisle Pike Mechanicsburg, PA 17050 , I I" i or any other permanent or temporary residence where PlaintilT or any other person protected under this Order may live. PlaintilT is granted exclusive possession of the residence. Defendant shall have no right or privilege to enter or be present on the premises of PlaintilT or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACf with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. The marital residence listed above, and any other location where Plaintiff may stay or reside for the duration of this Order. Plaintil1's current place of employment or any other place where she may be employed for the duration of this Order: We is Markets 10th & Louther Streets Camp Hill, PA The schools and day care facilities of the parties' minor children. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. BROOKE LACEY HAMMAKER Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order after the hearing scheduled in this case Defendant shall have partial custody of the child, Brooke Lacey Hammaker, on dates and at times mutually agreed by the parties. Defendant shall contact Plaintil1's attorney in this matter to arrange periods of partial custody with Brooke and the parties' other minor children, Hollyann, Eric, and Dakota. Defendant shall not use alcohol and/or illegal drugs immediately prior to or during her periods of custody with the child. The local law enforcement agency in the jurisdiction where the childlren are located shall ensure that the childlren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional reliefis granted: Defendant is prohibited from having any contact with Plaintil1's relatives. Defendant is ordered to refrain from harassing Plaintil1's relatives and/or the parties' minor children. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or owned solely by Plaintiff. Defendnnt is ordered to pay $250.00 to one of Legal Services, Inc.'s funding sources to pay the cost of litigating this case. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified herealler: SILVER SPRING TOWNSHIP POLICE DEPARTMENT WEST SHORE REGIONAL POLICE DEPARTMENT 8. The sheriff, police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs, 9. THIS ORDER SUPERSEDES ANY PRIOR PFA ORDER ANY PRIOR ORDER RELATING TO CHILD CUSTODY 10. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL JUNE 5, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. unknown. 7. Defendant's Social Security Number is: 160-54-9795 S. Defendant's Date of Birth is: January 20, 1966 9. Defendant's Place of employment is: self-employed as a builder. 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents of the same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Custody b. Protection From Abuse 13. Other details of the court action are: PFA & Custody - Cumberland County - No. 97-2417 14. The defendant has been involved in a criminal court action, 15. The defendant is not currently on probation I parole 16. Plaintiff and Defendant are the parents of the following minor child/ren: a. BROOKE LACEY HAMMAKER Age: 2 years Child's address is: 6591 Carlisle Pike, Mechanicsburg, PA 17050 17. There is an existing court order regarding the custody of the Plaintill's and Defendant's minor children. The tenns of the order are: Pursuant to P1aintill's PFA & Custody Ordel1'(Cumberland County, No. 97-2417), she was granted primary physical custody of the parties' minor children, Hollyann Marie Hammaker, Eric Timothy Hammaker, n, and Dakota Lee Hammaker. Defendant has partial custody of the children on dates and at times mutually agreed by the parties. The parties' minor child, Brooke Lacey Hammaker, was not born until March 3, 1998. County; Cumberland State; PA IS. Plaintiff is seeking an Order of child custody as part of this petition. The following is a list of the children and where they have live for the past 5 years: a. BROOKE LACEY HAMMAKER For the past 5 years, this child has lived with: Plaintiff and her children: Hollyann, Eric, n, and Dakota Hammaker; PIaintill's father, Harry McKay; Plaintill's nephew, Matthew Houseman, and Defendant's son, Brandon Kramer, at 6591 Carlisle Pike, Mechanicsburg, PA, from November 20, 2000, to the present. Plaintiff, Defendant, and the parties' children: Hollyann, Eric, n, and Dakota Hammaker; P1aintill's father, Harry McKay; Plaintill's nephew, Matthew Houseman, and Defendant's son, Brandon Kramer, at 6591 Carlisle Pike, Mechanicsburg, PA, from the child's birth on March 3, 1998, to November 20, 2000. 19. The following other minor childlren presently live with Plaintiff: a. DAKOTA LEE HAMMAKER Age:4 years The Plaintiff's relationship to this child is: Mother b. ERIC TIMOTHY HAMMAKER, n Age: 8 yrs. old The Plaintiff's relationship to this child is: Mother c. HOLLYANN MARIE HAMMAKER Age: 10 yrs old The Plaintiffs relationship to this child is: Mother d. MATTHEW JAMES HOUSEMAN Age: 14 yrs old The Plaintiffs relationship to this child is: Aunt 20. The facts of the most recent incidcnt of abuse are as folluws: On about Monday, November 27, 2000 location: 6591 Carlisle Pike, Mechanicsburg, PA, the mnrltaI resilience. On or about November 24, 2000, Defendant, who moved out of the marllal rt'llllellce 011 or about November 20, 2000, returned to the residence, questioned Plaint lIT AI to her whereaboulI, Itood close to her and yelled in her face, called her names, and waved hll annl abont caulhlll her to fear for her safety, and when she tried to get away from him, he followed her aboulthe houle yelling at her and calling her names. 21. Prior incidents of abuse that the Defendant has committed against PlainliO'ur thc minllr chlld/ren, (including any threats, injuries, or incidents of stalking) are as follows: During the week of November 20, 2000, Defendallllelepholled Plalntil1's cellular lelellhoue Rnd left vulgar messages and threatened that she should watch her back and watch hcr all. Defendant also telephoned PlaintilT at her place of employment severalllmtl dally 111111 made vulgar comments to her, and when she was not available to speak to, J)efeudnllt1lueltloulled P1aintill's co-workers about her activities. On or about November 17, 2000, Defendant entered Plalntil1's bedroom Ihook her aud awakened her, leaned down close to her face and yelled at her, calli nil her vile nAme.. On or about October 14,2000, Defendant went to the home of 1'lalnlll1'. frlendl when he saw her vehicle parked there, knocked on the door and windows repeatedly, demnnded lhat .he come out, and when P1aintill's friends did not respond, J)efendant tclellhoned their re.Idellce several times and left messages on their answering machlnc tclllng 1'lnlnlllT to come ont of the house and talk with him. Later the same day, aftcr Defendant realized thall'lalntllT was not at her friends' house, he telephoned Plain tilT at her place of emplo)'ment, dcscrlbed how he had stalked her, then called her vulgar names. After Plaintiff hung up on him, J)efellllant telellhoned Plaintiff at her work 2 to 3 times. Plaintiff flied a Petition for Protection From Abuse and Custody agalnsl Defendant (No. 97- 2417, Cumberland County) and a Final Protection Order WRl entered by consent of the parties. Knowing Defendant's past violent behavior, Plain till's fears have been esacerbated by the recent escalation in his violent temper and stalking of her causing her to fear for her safety. 22. The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: SILVER SPRING TOWNSHIP POLICE DEPARTMENT WEST SHORE REGIONAL POLICE DEPARTMENT 23. There is an immediate and present danger of further abuse from the Defendant. 24. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 6591 Carlisle Pike Mechanicsburg, PA 17050 Owned By: Tina Marie Hammaker and Eric Timothy Hammaker, I. 25. The Defendant owes a duty ofsupport to Plaintiff and/or minor child/ren. 26. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER TIlA T WOULD DO TIlE FOLLOWING: a, Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiffs residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor chiId/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this case Defendant shall have partial custody of the child, Brooke Lacey Hammaker, on dates and at times mutually agreed by the parties. Defendant shall contact Plaintiffs attorney in this matter to arrange periods of partial custody with Brooke and the parties' other minor children, Hollyann, Eric, and Dakota. Defendant shall not use alcohol and/or illegal drugs immediately prior to or during her periods of custody with the child. d. Prohibit Defendant from having any contact with Plaintiff and/or minor child/reo, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. OFrlCE CF ll\~ SHEllI" CUf'f";' ',. ,:1UNTY L:~\iU I.) Lr.. PEHHS(LVAltIA t".';:\ " :JV 'nnI r=L~l I --:;2 '_J .-, .ru\; I i I I "~.~:,: ) , :-,-i:':\ . " ,:r'J ,., - .. ! ':':~..\ ri'l:tl DEt 5 4 09 P" 10)