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HomeMy WebLinkAbout03-4087NICOLE M. HAMILTON, Plaintiff TIMOTHY C. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW :No. ; : IN CUSTODY 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 within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the compla'mt 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (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 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. NICOLE M. HAMILTON, Plaintiff TIMOTHY C. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ; : No. 03~qo~7 .. : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, Nicole M. Hamilton, by her attorneys, Irwin, McKnight and Hughes, and presents the following Complaint for Custody: 1. The Plaintiff is Nicole M. Hamilton, an adult individual residing at 15 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. 2. The Defendant is Timothy C. Thomas, an adult individual currently residing at 1602 Newville Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) minor child, namely Drew A. Thomas, bom June 18, 2000. 4. The Plaintiff desires primary physical custody of the minor child, Drew A. Thomas, and joint legal custody. 5. The best interests and permanent welfare of the minor child requires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Nicole M. Hamilton, respectfully requests that she be awarded joint legal custody with Defendant and be awarded primary physical custody of Drew A. Thomas, as provided herein. Date: August 20, 2003 Respectfully submitted, IRWIN, McKNIGHT & HUGHES Supreme Court I. D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and me 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 unsworn falsification to authorities. Date: June 11 ,2003 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: TIMOTHY C. THOMAS 1602 NEWVILLE ROAD CARLISLE, PA 17013 Date: August 20, 2003 IRWIN, McKNIGHT & HUGHES Douglas G./~iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfi'et Street Carlisle, Pennsylvania 17013-3222 (717) 249°2353 NICOLE M. HAMILTON, Petitioner TIMOTHY C. THOMAS, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW .. No. 2003- _. IN CUSTODY STIPULATION AND AGREEMENT THIS STIPULATION AND AGREEMENT entered into this ~fJd~, 2003, by and between NICOLE M. HAMILTON (hereinafter referred to as "Mother"), and TIMOTHY C. THOMAS (hereinafter referred to as "Father"). WHEREAS, Father and Mother are the natural parents of DREW A. THOMAS, bom June 18, 2000; and WHEREAS, Father and Mother desire to enter into a comprehensive custody stipulation and agreement setting forth the physical and legal custody arrangements for their minor child, as well as support for their minor child to be in effect hereafter and until altered by subsequent Order of Court; and WHEREAS, Father and Mother desire to confirm their agreement relative to custody and support of the minor child and execute a Stipulation and Agreement to effect the same. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth and intending to be legally bound, the parties hereto agree as follows: 2000. The Mother shall have shared legal custody of Drew A. Thomas, bom June 18, 2. Mother shall have primary physical custody of Drew A. Thomas. Father shall have periods of partial physical custody of the minor child at times and places as agreed upon between the pmties 4. The parties will keep each other advised immediately relative to any emergencies concerning the minor child and shall, further, take any necessary steps to ensure that the health and well being of the child is protected. During such illness or medical emergency, each party shall have the right to visit the child as often as he/she deems consistent with the proper medical care of the child. 5. The parties agree that there shall be reasonable telephone contact with the child during the periods when the child is not in the custody of that party. 6. Neither party shall do anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. 7. Each party shall be entitled to complete and full information from any doctor, dentist, teacher or other similar authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, and birth certificates. Both parents may and are encouraged to attend school conferences and activities. 8. The parties desire that this Stipulation and Agreement be made an Order of Corot by the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of the parties' minor child, and shall retain such jurisdiction should circumstances change and either party desires or requires modification of said Order. 9. Any permanent modification or waiver of the provisions of this agreement must be in writing and shall be effective only if made in writing and executed with the same formality as this Stipulation and Agreement. 10. The parties acknowledge that entering into this Stipulation and Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of either party. 11. The parties acknowledge that they have read and understand the provisions of this Stipulation and Agreement. Each party acknowledges that the Stipulation and Agreement is fair and equitable and that it is not the result of duress or undue influence. 1N WITNESS WHEREOF, the parties hereto, intending to be legally bound by the terms hereof, set forth their hands and seals the day and year first above written. WITNESS: COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the ]~9 ~'a day o , 2003, before me the undersigned officer, personally appeared TIMOTHY C. THOMAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreemem, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. otarlnl Seal Mattha L. Noe, Notnty Public C~d_ isle Bom, Cumberta~l County [~ y cor~nis~ion Ex~J~ sc~ IS, ~[oo3 M~mber, Paonsylvanfa As~ocistion of Notaros COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY or Ca-m : On this, the L~_~day of May, 2003, before me the undersigned officer, personally appeared NICOLE M. HAMILTON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and sea/J~ . Notarinl Seal Mnttha L. Noel, Nota~ Public Carlisle Boro Cumberland County My Corem ssion Expires Scpt. 18, 200~ Member, Pennsylvania Association of Notaries (SEAL) NICOLE M. HAMILTON, Petitioner TIMOTHY C. THOMAS, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV CIVIL ACTION - LAW No. 2003- IN CUSTODY ORDER OF COURT AND NOW, this ~-.~ day of_ 13,_~,~ ~, 2003, upon presentation and consideration of the attached stipulation and agreement of the parties, it is hereby ordered and decreed that the attached agreement is made an Order of Court. By THE COURT,//~ //~ NICOLE M. HAMILTON PLAINTIFF V. TIMOTHY C. THOMAS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-4087 CIVIL ACTION LAW : : iN CUSTODY ORDER OF COURT AND NOW, Monday, August 25, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September 12, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an eflbrt will be tnade to resolve the issues in dispute; or if this cannot be accomplished, to def'me and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Sl~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,. FOR T}LE COURT, By: /s/ Hubert X. Gilroy. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the: court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TItE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cmnbefland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 NICOLE M. HAMILTON, Plaintiff V TIMOTHY C. THOMAS, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 2003- 4087 CIVIL : IN CUSTODY COURT ORDER AND NOW, this .~O day of September, 2003, the conciliator being advised that the parties have reached an agreement, the conciliator relinquishes jurisdiction. BY THE COURT, BrJgid Q. Al ford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER. PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 17108-0741 Attorneys for Defendant Anne M. Hench TERRY L. SHINDEL and JACK SHINDEL, her husband, ANNE M. HENCH, Plaintiffs Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-CV-4087 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearances ofBrigid Q. Alford, Esquire and Boswell, Tintner, Piccola & Alford on behalf of Defendant Anne M. Hench. Respectfully submitted, By: Brigid Q?Alford, ~s~_u!r_~_ _ Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, Pennsylvania 1'7108-0741 Attorneys for Defendant Arme M. Hench Date: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Charles E. Friedman, Esquire Friedman & Hoch, P.C. 300 North Second Street Suite 402 Harrisburg, PA 17108-0885 By: Bri~id Q.~ Alfora, l~sq~t~e Date: NICOLE M. HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2003-4087 CIVIL ACTION LAW ?- TIMOTHY C. THOMAS IN CUSTODY DFFF,NDANT ?i ORDER OF COURT ?. 1, AND NOW, Friday, October 28, 2011 upon consideration of the attached Complaint, `a it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 10, 2011 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilro Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1(?06 y tae P 0? ,d lqi? 63 //,ey J ?le - 012 f111 A'A