Loading...
HomeMy WebLinkAbout09-5878IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. HAMILLA, Plaintiff CIVIL ACTION - LAW NO. Q 9 S F 7 8 l ?l en-P ?1?,,,w V. MARCY J. HAMILLA, Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow MICHAEL V. HAMILLA, Plaintiff, to proceed in forma pauperis. I, ANDREW J. BENDER, ESQUIRE, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Attorney for the Plaintiff PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #: 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. HAMILLA, Plaintiff CIVIL ACTION - LAW NO. 44_ 8 S' V. MARCY J. HAMILLA, Defendant IN CUSTODY PETITION TO PROCEED IN FORMA PAUPERIS PURSUANT TO Pa.R.C.P. 240 AND NOW comes the Plaintiff, Michael V. Hamilla, by and through his attorneys, Andrew J. Bender, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., and files the instant Petition to Proceed In Forma Pauperis Pursuant to Pa.R.C.P. 240, and in support thereof states the following: 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Address: Social Security #: (b) Employment Employer: Address: Michael V. Hamilla 137 South East Street Carlisle, PA 17013 204-70-2419 Unemployed N/A Salary or wages per month: None Type of work: N/A If you are presently unemployed state Date of last employment: March 2009 Salary or wages per month: Approximately $600.00 Type of work: Janitorial (c) Other income within the past twelve (12) months Business or profession: $0.00 Other self-employment: $0.00 Interest: $0.00 Dividends: $0.00 Pension and annuities: $0.00 Social security benefits: $701.00 / month (SSI) Support payments: $0.00 Disability payments: $0.00 Unemployment compensation and supplemental benefits Workman's compensation: $0.00 Public assistance: $0.00 Other: $0.00 (d) Other contributions to household support Wife Name: Marcy J. Hamillal If your wife is employed state: Employer: Unknown Salary or wages per month: Unknown Type of work: Unknown Contributions from children: N/A Contributions from parents: N/A (e) Property owned Cash: $0.00 Checking account: $295.00 Savings account: N/A Certificates of deposit: N/A ' Defendant in the instant action. The defendant does not reside in the same household as the plaintiff. $0.00 2 Real estate (including home): N/A Motor Vehicle: None Make: N/A Year: N/A Model: N/A Amount owed: N/A Stocks: N/A Bonds: N/A Other: None (f) Debts and obligations Mortgage: N/A Rent: $300.00 per month Loans: N/A Other: None (g) Persons dependent upon you for support Wife Name: Marcy J. Hamilla2 Children, if any Name: Athena Hamilla3 Age: 3 months Other persons: None Name: N/A Relationship: N/A 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: Z?- 21-() q 17 MICHAEL V. HAMILLA, Petitioner z Defendant in the instant action. The defendant does not reside in the same household as the plaintiff. 3 Athena Hamilla is the child subject to this action. The child does not reside with the plaintiff, and to date, the plaintiff has been unable to have contact with the child. The plaintiff currently does not provide for the child's support. 3 WHEREFORE, the plaintiff, Michael V. Hamilla, respectfully requests this Honorable Court issue and order granting him in forma pauperis status in the above-captioned action. Attorney for Petitioner PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax 4 Respectfully submitted, tr F r RY 20BA;,Fu- 27 f',,;,7•t 7 C;?h,t . ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #: 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. HAMILLA, CIVIL ACTION - LAW Plaintiff NO. 5r 9 '7 9' V. MARCY J. HAMILLA, Defendant IN CUSTODY COMPLAINT FOR PARTIAL CUSTODY AND NOW comes the plaintiff, Michael V. Hamilla, by and through his attorneys, Andrew J. Bender, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., and files the instant Complaint for Partial Custody, and in support thereof avers as follows: 1. The plaintiff is Michael V. Hamilla, hereinafter referred to as "Father", who currently resides at 137 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Marcy J. Hamilla, hereinafter referred to as "Mother", whose last known residence is 421 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff seeks partial custody of the following children: Name Present Residence Age Athena Hamilla 421 North Bedford Street 3 months Carlisle, Cumberland County, PA 170131 The child was not born out of wedlock. The child is presently in the custody of Mother, whose last known residence is 421 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five (5) years, the child has resided with the following persons and at the following addresses:2 Name Address Marcy J. Hamilla 421 North Bedford Street Carlisle, PA 17013 Kathy Baird 421 North Bedford Street Carlisle, PA 17013 Richard Baird 421 North Bedford Street Carlisle, PA 17013 Keith Baird 421 North Bedford Street Carlisle, PA 17013 Dates3 June 8, 2009 (date of birth) to Present June 8, 2009 (date of birth) to Present June 8, 2009 (date of birth) to Present June 8, 2009 (date of birth) to Present I The child was born approximately three (3) months prematurely on June 8, 2009. To Father's knowledge, the birth of the child occurred at Hershey Medical Center. As a Protection From Abuse Order is currently in effect there is no communication between Father and Mother. See, Exhibit "A". It is unknown to Father whether the child has been released from hospital care. However, if the child has been released, it is believed and therefore, averred, that the child is residing with Mother at her last known address of 421 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. If the child has not yet been released, it is believed and therefore, averred, that the child will be residing with Mother at her Carlisle address upon her release from hospital care. 2 If child has been released from the care of Hershey Medical Center, it is believed and therefore, averred, that child is currently residing with the following individuals who are believed to reside with Mother at her last known address in Carlisle, Pennsylvania. 3 It is unknown to Father whether the child has been released from hospital care. Therefore, the dates indicated reflect Father's belief that the child either has been living in Cumberland County if she has been released from hospital care, or will be living with Mother in Cumberland County upon her discharge from the hospital. 2 The mother of the child is Marcy J. Hamilla, whose last known residence is 421 North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. The father of the child is Michael V. Hamilla, who currently resides at 137 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. Father is currently married to Mother. 4. The relationship of plaintiff to the child is that of natural father. The plaintiff currently resides with the following persons: Name Elizabeth Hamilla John Hamilla Address 137 South East Street Carlisle, PA 17013 137 South East Street Carlisle, PA 17013 Relationship Father's mother Father's father 5. The relationship of defendant to the child is that of natural mother. The defendant currently resides with the following persons: Name Address Relationship Athena Hamilla 421 North Bedford Street Child Carlisle, PA 17013 Kathy Baird 421 North Bedford Street Mother's mother Carlisle, PA 17013 Richard Baird 421 North Bedford Street Mother's father Carlisle, PA 17013 Keith Baird 421 North Bedford Street Mother's brother Carlisle, PA 17013 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the 3 proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because it will allow the child to have physical and emotional contact with her natural father, who wants to participate in her upbringing and care for her needs. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, the plaintiff, Michael V. Hamilla, respectfully requests the court to grant him partial custody of the child, Athena Hamilla. Respectfully submitted, PA Supreme Court ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax 4 Attorney for Plaintiff VERIFICATION I, MICHAEL V. HAMILLA, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: MICHAEL V. HAMILLA, Plaintiff EXHIBIT "A" . eel Protection.. From Ablise Order No: 09-1885 JID Page '. o'14 FINAL PR.OTECMON IN THE COURT OF COMMON PLEAS OF FROM ABUSE ORDER CUMBERLAND COUNTY, PENNSYLVANIA 0 Extended order [] Amended Order O. 09-1885 First Middle Last - Suffix Plaintiff DOB Name(s) of All protected. persons, including minor children and DOB. MARCY JOY HANlHJ.A 8=19M V. DEFENDANT MICHAEL VINCENT HAMHJ.A First Middle Last Suffix Defendant's Address: 118 Wert Pomfret Street Carlisle FA 17013 CAUTION: Weapon Involved Weapon Present on the Property Weapon Ordered Relinquisbed DEFENDANT ID ENTHMZR S DOB 982/1909 MGHT 5fL 6 SEX Male WEIGHT 230 RACE WNW EYES Brown HAIR Bleelx SSN DRIVERS LICENSE # EXP DATE STATE The Court Hereby Reds: That it has jurisdiction over the parties and subject matter, and the Defendant will be provided with reasonable notice and opportunity to be heard. The Court Hereby Orden: ® Defendau shall not abuse, harass, stark or threaten any of the above persons in any place where they might be found. [jBxvept@spovidedinpmqp@ph4@Fdd9 dm, Defendant shall not contact PlaiotK or my other person protected under this order, by telephone or by any other means, including through third persons. Additional findings of this order are set forth below. Order Effective Date July 9, 2009 Order Expiration Doh July 9, 2012 NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF I DWXCr CRIIENAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 ANDJOR A JAI. SENTENCE OF UP TO SIX MONTHS. 23 PA.CS.A.16114. VIOLATION MAY ALSO SUBIBCf YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEIGIEPIINO PERIOf, WHICH WILL RBQ1UI'RE THE 044EDIATE OF YOUR FIREARMS OTIM WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINT[I 'S CONSENT TO CONTACT BY DEFEMANT SHALL NGT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT, 23 F&CSA.; 6100(6 THIS ORDER IS ENFORCEABLE IN ALL FIFTY (10) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMM ACT, It U.9 .C.12263. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBMCT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. It U.S.C 112261-2262. IF YOU POSSESS A FIREARM! OR ANY AMMLWTIOtN WHILE THIS ORDER B IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROKSIT YOU FROM POSSESSING FIREARMS OR AMMUNITION. 13 U.S.C.1922(a)(E). https:/hvww.pfa&state.p&us/PFADLiveffmalorder.&V?FitWCWaM-- 150860&cmdMove=... 7/8/2009 Final Protection From, Abuse Order No: 09-1885 Plaintiff or Protected Person(s) is/are, [X] spouse or former spouse of Defendant [ ] parent of a child with Defendant [ ] current or former sexual or intimate partner with Defendant [ ] child of Plaintiff f 1 child of Defendant [ ] family member related by blood (consanguinity) to Defendant [ ] family member related by marriage or affinity to Defendant [ ] sibling (parson who shares parenthood) of Defendant Page 2 of 4 Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: . Plaintiff appeared personally and is represented by: Benjamin R. Yoffee, Esq. . Defendant appeared personally and is unrepresented. AND NOW, this 9th Day of July, 2009 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follows: This order is entered after a bearing and decision by the court. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiffs request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found 2. Defendant is prohibited from having ANY CONTACT with Plaintiff either directly or indirectly, or any other person protected under this order, at any location, including but not limited to any contact at Plaintiffs or other protected party's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's place of employment, Pet Value, 40 Noble Drive Carlisle, PA 17013. 3. Defendant shall not contact Plam6M either directly or indirectly, or any other person protected https://www.pfad.state.pa.usIPFADLivelfinalorder asp7FinalOrderlD=150NO&cmdMove=... 7/8/2009 .. . -.Final Protection. From Abuse Order No: 09-1885 under this order, by telephone or by any other means, including through third persons. 4. The following additional relief is granted as authorized by §6108 of the Act: Page 3 of 4 Enjoin Defendant from damaging, destroying„ removing or selling any property owned by parties or solely by Plaintiffi 5. A certified copy of this Order shall be provided to the police deparunent where Plaintiff resides and any other agency specified hereafter: Carlisle Police Department 6. All provisions of this order shall expire in 3 years on July 9, 2012. NOTICE TO THE DEFENDANT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S.A. §6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. A VIOLATION OF THIS ORDER MAY RESULT IN THE REVOCATION OF THE SAFEKEEPING PERMIT, WHICH WILL REQUIRE THE IMMEDIATE RELINQUISHMENT OF YOUR FIREARMS, OTHER WEAPONS AND AMMUNITION TO THE SHERIFF. PLAINTIFF'S CONSENT TO CONTACT BY DEFENDANT SHALL NOT INVALIDATE THIS ORDER WHICH CAN ONLY BE MODIFIED BY FURTHER ORDER OF COURT. 23 Pa.C.S.A. § 6108(8). THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU FROM POSSESSING FIREARMS OR https://www.pfad.state.pa.usiPFADLive/finalorder.asp7FinalOrderlItr 150860dtcmdMove=... 7/8/2009 , . - Yinal Protection. From Abuse Order No: 09-1885 AMMUNITION. 18 U.S.C. §922(g)(8). Page 4 of 4 NOTICE TO SHERIFF, POLICE AND LAW ENFORCEMENT OFFICIALS The police and sheriff who have jurisdiction over Plaintiffs residence OR any location where a violation of this order occurs OR where Defendant may be located, shall enforce this order. The court shall have jurisdiction over any indirect criminal contempt proceeding, either m the county where the violation occurred or where this protective order was entered. An arrest for violation of paragraphs 1 through 3 of this order may be without warrant, based solely on probable cause, whether or not the violation is committed in the presence of the police or any sheriff. 23 Pa.C.S.A. §6113. Subsequent to an arrest, and without the necessity of a warrant, the police officer or sheriff shall seize all firearms, other weapons and ammunition in Defendant's possession that were used or threatened to be used during the violation of the protection order or during prior incidents of abuse and any other firearms in Defendant's possession. The Sheriff of Cumberland County shall maintain possession of the firearms, other weapons or ammunition until further order of this court. When Defendant is placed under arrest for violation of this order, Defendant shall be taken to the appropriate authority or authorities before whom Defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed and signed by the police officer, sheriff OR Plaintiff. Plaintiffs presence and signature are not required to file the complaint. If sufficient grounds for violation of this order are alleged, Defendant shall be arraigned, bond set, if appropriate and both parties given notice of the date of the hearing. BY THE COURT: M. L. E Jr. Date Distribution to: Benjamin R. Yoffee, Esq ` L°Fy y" o q t Transmitted & Mailed to PSP 1-4 -os rbc Plaintiff - evy $W- 7-9-04 V9 C Defendant-cofI ^.raIeJ, -toy f3-2 s-. Ec,,t S+md, CwGs?c,!,4017413 7 -S-d 4 'Yat https://www.pfad.staw.pa.usIPFADLivelf nalorder.asp?FinalOrderlD =150860&cmdMove=... 7/8/2009 F11?D n??.,r.,? ;?tPY OF 'tk';c Zoa9 sup -g P? ?? °? -,? .?,?? fry,. Ott , s,-' 2uu ??? lJl)? ? - ? , ` may',( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. HAMILLA, CIVIL ACTION - LAW Plaintiff NO. ` V. MARCY J. HAMILLA, Defendant INCUSTODY ORDER AND NOW, this `rday of , 2009, upon consideration of the Petition to Proceed In Forma Pauperis Pursuant to Pa.R.C.P. 240 filed on behalf of the Plaintiff, Michael V. Hamilla, said Petition is GRANTED. J. FILED : JH- 1,`?c OF 7 PRA } I tZTARY 2005 SEP -2 AM 8= 04 iOWIV iA 9/a/09 _ 60p, ins ma i" AN;? A• 3WjoL, MICHAEL V. HAMILLA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-5878 CIVIL ACTION LAW MARCY J. HAMILLA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 04, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 06, 2009 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. .)A- By: /s/ facquelrne M. Verne Es 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 OF ARY 2004 SEP -4 PM 1: 3S PWYS#? AY A w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL V. HAMILLA, CIVIL ACTION - LAW Plaintiff NO. d 1-'99- 7 V. MARCY J. HAMILLA, Defendant IN CUSTODY AFFIDAVIT OF SERVICE The undersigned does hereby certify that on September 11, 2009, a true and correct copy of the Complaint for Partial Custody was served upon the following individual by forwarding same via U.S. Postal Service regular mail, postage prepaid, and certified mail, postage prepaid, restricted delivery, return receipt requested, in accordance with the Pennsylvania Rules of Civil Procedure and local rules. A return receipt was received from the U.S. Postal Service on September 15, 2009 indicating that the defendant accepted the certified mail on September 14, 2009. A true and correct copy of the U.S. Postal Service return receipt is attached hereto marked as Exhibit "A". Marcy Hamilla 421 North Bedford Street Carlisle, PA 17013 DATE: Oq ?G zjwl ANDREW J. BEN R, SQUIRE Attorney for Plaintiff PA Supreme Court ID# 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax EXHIBIT "A" ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Deliver] Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to AIGt{L I HOLWAC ?ec? fo?c.Q S? ?U t4 C:?,. (;s C? ! PA t?Q t3 A. s+gnawre p gy d-re-ssee X d - B. ecelved by (Prf C. of Delivery i _ , _t 't D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 'WhLo 3 Service Type Certllled Mall 0 Erpm Mad 0 ReglstwO 0 Retum Receipt for Mwdmndbe 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? Pft Fee) YeB 2. Article Number 7008 1830 0003 5939 5223 PS Form 3811, February 2004 Domestic Retum Receipt 102595-M-WIS40 Fll OF THE (%?` 9irwi;lR, f^if1L" (! 2609 SE 16 AH ! C : 61 ct?P .?,` ?iJN-r Y NOV 0 3 2009 (? MICHAEL V. HAMILLA, Plaintiff V. MARCY J. HAMILLA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009-5878 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this U40 day of A) , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Michael V. Hamilla and the Mother, Marcy J. Hamilla, shall have shared legal custody of Athena Hamilla, born June 8, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody of the child every Saturday and Sunday for three or four hours, at times agreed by the parties or if they cannot agree from 12:00 noon to 4:00 p.m. The location of the visits shall be at the Plaza Mall in Carlisle, or such other location as the parties may agree. 4. The provisions of this Court Order regarding contact of the parties for custody purposes shall not constitute a violation of the PFA Order at docket number 09- 1885. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for February 3, 2010 at 8:30 a.m. BY THE T, / J. cc: ew J. Bender, Esquire, Counsel for Father Mark F. Bayley, Esquire, Counsel for Mother UL CC? 1'F,S rr-al 'I-tl5`U? MICHAEL V. HAMILLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5878 CIVIL ACTION - LAW MARCY J. HAMILLA, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME Athena Hamilla DATE OF BIRTH CURRENTLY IN CUSTODY OF June 8, 2009 Mother 2. A Conciliation Conference was held in this matter on November 3, 2009, with the following in attendance: The Father, Michael V. Hamilla, with his counsel, Andrew J. Bender, Esquire, and the Mother, Marcy J. Hamilla, with her counsel, Mark F. Bayley, Esquire. 3. A prior Order of Court was entered by the Honorable M.L. Ebert, Jr. dated July 9, 2009 in a PFA matter at docket number 09-1885. There were no provisions regarding custody in the PFA Order. 4. The parties agreed to an Order in the form as attached. Date: A Acq ine M. Verney, Esquire Custody Conciliator PJLED-tit 'HCE OF THE PROTH'' NnTARY 2009 NOY -S PM 12: 59 r, +'NCUM T' P NNSYLV%? `ai MAY ~ ~ 2010. MICHAEL V. HAMILLA, Plaintiff V. MARCY J. HAMILLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-5878 IN CUSTODY ORDER OF COURT CIVIL ACTION -hAW -;;~ ' ~ -~ t. ~ ' <_. t ~:: ~ rv 1ti .. 1 x~, ' c. ~1 ,^n ~ ~ AND NOW, this ~ ` day of f~ ' ` , 2010, upon consideration of the attached Custody Conciliation ort, it is ordered and directed as follows: The prior Order of Court dated November S, 2009 is hereby vacated. '; ~7~ -C' 1T i..: -} t...`.. ~. .:~ 2. The Father, Michael V. Hamilla and the Mother, Marcy J. Hamilla, shall have shared legal custody of Athena Hamilla, born June 8, 2009. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3 3. Father shall have periods of supervised visitation of the child for eight hours every week at times agreed to by the parties. The supervisor shall be the maternal grandmother. 4. The provisions of this Court Order regarding contact of the parties for custody purposes shall not constitute a violation of the PFA Order at docket number 09- 1885. 5. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE Edward E. Guido, c ~~rew J. Bender, Esquire, Counsel for Father ~'Mark F. Bayley, Esquire, Counsel for Mother 1.:~~~~FS rn~.t~l.~ s/afo~lU J. MICHAEL V. HAMILLA, Plaintiff V. MARCY J. HAMILLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-5878 CIVIL ACTION -LAW IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Athena Hamilla June 8, 2009 Mother 2. A Conciliation Conference was held in this matter on May 17, 2010, with the following in attendance: The Father, Michael V. Hamilla, with his counsel, Andrew J. Bender, Esquire, and the Mother, Marcy J. Hamilla, with her counsel, Mark F. Bayley, Esquire. 3. The Honorable Edward E. Guido previously entered an Order of Court dated November 5, 2009 providing for shared legal custody, Mother having primary physical custody with l~ alher having periods of partial physical custody for three or four hours every Saturday and Sunday. 4. The parties agreed to an Order in the form as attached. Date: 5 " ~ ~ -i J ~~~~ ~ (f acq ine M. Verney, Esquire Custody Conciliator