HomeMy WebLinkAbout99-03160
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PAMELA L. HAMILTON, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99 - ?/60 CIVIL TERM
THOMAS A. HAMILTON,
Respondent PROTECTION FROM ABUSE
TEMPORARY PROTECTIVE ORDER
AND NOW, this day of May, 1999, upon presentation and consideration of the
within Petition, and upon finding that Pamela L. Hamilton, now residing in Cumberland
County, Pennsylvania, is in immediate and present danger of abuse from the respondent, Thomas
A. Hamilton, the following Temporary Order is entered: , tx 4rP4 13S ti , L. JJ '5 S+
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The respondent, Thomas A. Hamilton, Social Security No' 184-42-5117, date of birth,
May 28, 1951, whose current address is 735 West Loutber Street, arlisle, Pennsylvania 17013,
is hereby enjoined from physically abusing the petitioner, Pamela . Hamilton and placing her
in fear of abuse and is ordered to stay away from any location. where she may reside. The
respondent is hereby notified that if he fails to follow this Order, he may be in indirect criminal
contempt which is punishable by a fine not to exceed $1,000.00 and/or by a sentence of up to six
months in jail and any other appropriate punishment. Resumption of co-residence on the part of
the petitioner and the respondent shall not nullify the provisions of the court order directing the
respondent to refrain from abusing the petitioner.
1. Respondent shall not abuse, harass, stalk or threaten Pamela L. Hamilton in
any place where she might be found.
2. Respondent is evicted and excluded fir m the resident a at 735 West Louther
Street, Carll¢le, Pennsylvania, 17013, or tempo ry residence where Petitioner may live.
Petitioner is anted exclusive possession of the residence. Petitioner shall have no right
or privilege to ter or be present on the premises.
3. Except for sdc`h contact with the minor children as, may be permitted under
Paragraph 5 of this Order, Respondent is prohibited from h?a ing ANY CONTACT with
Petitioner at any location; including, but not limited, to any fact at Petitioner's current
residence (except for limited,purpose of facilitating custody arrangements and
transferring custody) and/or her place of employment. Respondent, is specifically
ordered to stay away from the following locations for the duration of this Order:
Petitioner's current address: X735 West Loutherr Street,
Carlisle, Cumberland County, Pennsylvania, (except for
the limited purpose of transferring custody).
4. Except for such ontract with the mino children as may be permitted under
Paragraph 5 of this Orde Respondent shall not ntact Petitioner by telephone or by any
other means, including thr gh third persons, exc t for the limited purpose of
facilitating custody arrang ents and transl ri $ custody.
5. Pending t outcome of the final hearin in this matter, Petitioner is awarded
custody of the fotlo ing minor children: Sarah E. Hamilton, David T. Hamilton, and
Kristen R. Hamilton.
Until the final he 'ng, all contact between the etitioner and Respondent and the
children shall be limited t the following:
Respondent shall hw? partial custody of the ch?dren on Saturday, May 29,
1999, at times mutually agree ble by the parties. \
The local law enforcement agency in the jurisdiction w re the children are
located shall ensure that the children are placed in the care and c ptrol of Petitioner in
accordance with the terms of this Orders
6. The following relief is granted:
The Cumberland County Sheriffs Department shall attempt to make
service at Petitioner's request and without pre-payment of fees, but
service may be accomplished under any applicable Rule of Civil
Procedure.
This Order shall be docketed in the office of the Prothonotary and
forwarded to the Sheriff for service. The Prothonotary shall not
send a copy of this Order to Respondent by mail.
This Order shall remain in effect until modified or terminated
by the Court acid can be extended beyond its original expiration
date if the Court finds that Respondent has committed an
act of abuse or has engaged in a pattern or practice that indicates
risk of harm to Petitioner.
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This Order shall remain in effect until a final order is entered in this case. A
hearing shall be held on this matter on the day of - 9 1999, at -I-
(,m. in Courtroom No. _1 _, Cumberland County Courthouse, Ca isle, Pennsylvania.
The Cumberland County Sheriffs Office shall attempt to make service at the petitioner's
request, but service may be accomplished under any applicable rule of Civil Procedure.
District Justice Paula Correal and the Borough of Carlisle Police Department will be
provided with a copy of this Order by attorneys for petitioner. This Order shall be enforced by
any law enforcement agency where a violation occurs 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 respondent shall be taken without unnecessary delay before the court that
issued the Order. When that court is unavailable, the respondent shall be arraigned before the
appropriate district justice. (23 Pa.C.S.A. §6113).
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BY THE COURT,
PAMELA L. HAMILTON, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99- 3/4.0 CIVIL TERM
THOMAS A. HAMILTON,
Respondent PROTECTION FROM ABUSE
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 after 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, 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.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
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 Icast 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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PAMELA L. HAMILTON, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
99- 3/40 CIVILTERM
THOMAS A. HAMILTON,
Respondent PROTECTION FROM ABUSE
PETITION FOR PROTECTIVE ORDER
AND NOW comes the petitioner, Pamela L. Hamilton, by her attorneys, Irwin,
McKnight & Hughes, Esquires and presents this petition for a protective order under the
Protection from Abuse Act, 23 Pa.C.S.A. Section 6101 et seq., representing as follows:
The petitioner is Pamela L. Hamilton, an adult individual presently residing at 735 West
Louther Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The respondent is Thomas A. Hamilton, an adult individual residing at 735 West Louther
Street, Carlisle, Cumberland County, Pennsylvania 17013.
3.
The parties are the parents of Sarah E. Hamilton, bom June 8, 1988, age 10; David T.
Hamilton, bom April 30, 1990, age 9, and Kristen R. Hamilton, bom July 6, 1995, age 3.
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4.
The respondent's acts of abuse include but are not limited to the following:
A. For a period of time in excess of ten (10) years, the respondent, Thomas A.
Hamilton, had been verbally and physically abusive and very controlling of the conduct of the
petitioner. He has engaged in frequent outbursts of anger at the petitioner and their children.
These outbursts of anger have increased in intensity.
B. On Thursday, May 6, 1999, the respondent returned home from a business trip to
the residence of the petitioner. He verbally assaulted the petitioner and threatened her.
C. On Saturday, May 8, 1999, the respondent again verbally assaulted the petitioner.
When she tried to leave the marital residence, the respondent blocked her path, physically
restrained her and then pushed her and ordered her to her bedroom.
4.
The petitioner fears the threats of the respondent. The respondent uses these threats to
control the petitioner and he uses her fear to control her.
5.
The parties own another residence located at 847 West North Street, Carlisle,
Pennsylvania, to which the respondent can relocate.
6.
Petitioner avers that she is in fear of serious bodily injury by the respondent to herself and
to her children.
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WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an order
providing that :
A. Respondent shall refrain from abusing, threatening with violence, harassing or
visiting the Petitioner in any manner for a period of one (I) year from the date of the
Order of Court;
B. Respondent shall be excluded from the residence of petitioner located at 735 West
Louther Street, Carlisle, Pennsylvania 17013.
C. Primary physical custody of the children, Sarah E. Hamilton, David T. Hamilton,
and Kristen R. Hamilton, is granted to petitioner, Pamela Hamilton, with periods of
temporary custody to the Respondent as the parties deem appropriate.
D. Such other relief as this Court deems necessary.
Respectfully submitted,
IRWIN,
Date: May 17, 1999
Att4rn y for Petitione
West mfret Professio al Building
60 West fret Street
Carlisle, Pennsy 17013
(717) 249-2353
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VERIFICATION
The foregoing Petition for Protective Order is based upon information which has been
gathered by my counsel and myself in the preparation of this action. I have read the statements
made in this document and they are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.
C.S.A. Section 4904, relating to unswom falsification to authorities.
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PAMELA L. HAMILTON
Date: May 17. 1999
// '-AW of I Ict _ / MAY 2 4 1999.
PAMELA L.HAMILTON, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v :NO. 99-3160 CIVIL TERM
THOMAS A. HAMILTON,
Respondent
COURT ORDER
AND NOW, this 271, day of May, 1999, the Court having met with legal counsel for the
parties in chambers and counsel having advised the court that the parties have reached an
agreement, it is ordered and directed as follows:
The hearing scheduled for May 27, 1999 is canceled.
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The temporary protective order entered May 24, 1999 is vacated.
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This matter is continued generally. The Petitioner may re-institute this petition and
request another hearing within 60 days from the date of this order. If a request for a
hearing is not made, this matter shall be deemed dismissed.
BY THE COURT,
I.
FILED- R GTh?Y
OF cr
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99 JUH - I Pi's 3-- 0I
CUtd COU, 11
pENIdSYL\F.h A
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03160 P
COMMONWEALTH OF' PENNSYLVANIA:
COUNTY OF CUMBERLAND
HAMILTON PAMELA L
VS.
HAMILTON THOMAS A
CPL. MICHAEL BARRICK Sheriff
CUMBERLAND County, Pennsylvania, who being duly
or Deputy Sheriff of
sworn according
to law, says, the within PROTECTION FROM ABUSE was served
upon HAMILTON THOMAS A the
defendant, at 15:20 HOURS, on the 25th day of May
1999 at POE: CHURCH OF GOD HOME 801 NORTH HANOVER ST
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to THOMAS A. HAMILTON
a true and attested copy of the PROTECTION FROM ABUSE
together with TEMPORARY PROTECTIVE ORDER
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00 ?
Service 3.10
Affidavit .00
Surcharge 8.00 I1Iom sine; S erizli- ff --
05/25/1999
by ' ?/'
u e .LSworn and subscribed to before me
this JS'` day of lJ/ it
19q 9 A.D. /??
PAMELA L. HAMILTON, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL, ACTION - LAW
99-3160 CIVIL TERM
THOMAS A. HAMILTON,
Respondent PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this -gt? ly of July 1999, the previous Court Order dated May 27, 1999, is
Amended as follows:I t) X7cC. -%.? A -L :_, #"C- 4e I (e ;
The respondent, Thomas A. Hamilton, agrees to permit the petitioner, Pamela L.
Hamilton, to reside at the marital residence located at 735 West Louther Street, Carlisle,
Pennsylvania 17013.
2.
The respondent, Thomas A. Hamilton, agrees not to return to the marital residence
without the express written permission of the petitioner, Pamela L. Hamilton..
By the Court,
I V"/ , 0
esley Oler, J dge
cc: Marcus A. McKnight, 111, Esq. ?b y
Attorney for Petitioner - L' y ?"`"``LeC 7I
Hubert X. Gilroy, Esq.
Attorney for Respondent
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LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER G, IRWIN
MARCUS A. MCKNIGHT, 111
JAMES O. HUGHES
REBECCA R. HUGHES
MARKO. SCHWARTZ
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013.3222
(717) 240-2353
FAX (717) 249.6354
July 20, 1999
The Honorable J. Wesley Oler, Jr.
The Court of Common Pleas of Cumberland County
Cumberland Count Courthouse
Carlisle, Pennsylvania 17013
Re: Pamela L. Hamilton v. Thomas A. Hamilton
99-3160
Protection from Abuse
Dear Judge Oler:
HAnows.. IRWIN (1925.1977)
HAROLD S. IRWIN, JR. (1954.0996)
IRWIN, IRWIN& IRWIN (1966.1994)
IRWIN IRWIN6 MtKNIGHT(1986.1994)
IRWIN. MCKNIGHrAHUGHES(1994• )
The parties have agreed to resolve the Protection from Abuse Petition by the entry of the
enclosed Order of Court. I have enclosed a ropy of the correspondence between counsel which
confirms this settlement.
If you have any questions, 1 suggest a brief meeting with counsel or a conference call
with you and both counsels for the parties.
MAM:ecm
cc: Hubert X. Gilroy, Esquire
Ms. Pamela L. Hamilton