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HomeMy WebLinkAbout09-7823 SCOTT HAMMAKER, JR., Plaintiff V. HEATHER HILEMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 49• P,? 3 ecl?d ? ?- CIVIL ACTION - CHILD CUSTODY COMPLAINT IN CUSTODY law OtBm d hn M. err 5020 Rtlter Road suite 109 MedW9CSbtu9, PA 17055 Rxm: 717.788.4008 FAx: 717.788.4088 1. Plaintiff is Scott Hammaker, Jr., an adult individual residing at 405 Sheely Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Heather Hileman, an adult individual who, upon information and belief, is temporarily residing with her mother at 5305 11th Avenue South, Gulf Port, Florida 33707. 3. The parties are the natural parents of the following minor child: Lillian Hammaker, born April 21, 2009 (hereinafter, "the child") 4. The child was born out of wedlock. 5. The child is presently in the custody of Defendant, who has fled the jurisdiction and believed to be living with her mother at 5305 11th Avenue South, Gulf Port, Florida 33707. 6. Since birth, the child has resided with the following persons and at the following addresses: Names Scott Hammaker, Jr. & Heather Hileman Heather Hileman Donna Puckett Addresses 594 Old York Road, Lot 6 Etters, PA 17319 5305 111h Avenue South Gulf Port, Florida 33707 Dates 04/21/09 -11 /3/09 11/03/09 - present 7. The mother of the child is Defendant Heather Hileman, residing with the child and her mother at 5305 11 th Avenue South, Gulf Port, Florida 33707. She is single. 8. The father of the child is Plaintiff, Scott Hammaker, Jr., who resides at 405 Sheely Lane, Mechanicsburg, PA 17050. He is single. 9. The relationship of the Plaintiff to the child is that of father. The Plaintiff currently resides with the following persons: Name Relationship Robin Estright Mother Donald Estright Father 10. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: Names Relationship Donna Puckett Mother Lillian Hammaker Daughter hn M.?en Bozo wtt« Roan suite 108 Medlanlcsb , PA 17055 PHoNE: 717.788.4008 FAx: 717.766.4088 11. 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. 12. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. 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. 15. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) the Plaintiff Father has lived continuously with his child until November 3, 2009, when the relationship between he and the mother of the child terminated; b) the Mother of the child has removed the child from Pennsylvania without the permission of Father or any Court in this Commonwealth; c) the Mother of the child is emotionally unstable, having attempted suicide on September 7, 2009. She has told the Father that if she "cannot have custody of the daughter, no one will." It is believed that the child is in serious danger in the custody of Mother. d) The Mother of the child refuses to permit Plaintiff Father to have access to his daughter. e) the emotional, physical and/or spiritual development of the child will be enhanced by granting sole legal and physical custody of the child to Plaintiff. WHEREFORE, Plaintiff requests that the Court grant to him sole legal and physical custody of the child, Lillian Hammaker. Respectfully submitted, Y I?wO?d OL A err 5020 Rttter Road State 108 Medianksbtng. PA 17055 PF?: 717.766.4008 FAx: 717.766.4066 Dated: November 12, 2009 140(o. Joh M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Scott Hammaker, Jr.y VERIFICATION The undersigned, Scott Hammaker, Jr., hereby states that he is the Plaintiff in the foregoing Custody Complaint and, as such, is authorized to execute this Verification, and that any factual statements in the Complaint in Custody are true and correct to the best of his knowledge, information and belief. He understands that any false statement is subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to false statements to authorities. Cott Hammaker, Jr. 2009 NOV 12 P,J i ! : I 1 12 $! Us, so Pu An'/ ov,* ICft M*aaaamq SCOTT HAMMAKER, JR., ' Plaintiff/Petitioner V. HEATHER HILEMAN, Defendant/Respondent CIVIL ACTION - CHILD CUSTODY PLAINTIFF'S PETITION FOR EMERGENCY OR SPECIAL RELIEF AND NOW, comes Scott Hammaker, Jr., Plaintiff in the above-captioned custody action, by his attorney, John M. Kerr, Esquire, pursuant to Rule 1915.13 of the Pennsylvania Rules of Civil Procedure, and files the within Petition For Emergency or Special Relief, representing as follows: PARTIES 1. Plaintiff/Petitioner is Scott Hammaker, Jr. (hereinafter, "Father"), an adult individual residing at 405 Sheely Lane, Mechanicsburg, Pennsylvania 17050. 2. Defendant/Respondent is Heather Hileman (hereinafter, "Mother"), an adult individual who, upon information and belief, is temporarily residing with her mother at 5305 11th Avenue South, Gulf Port, Florida 33707. THE MINOR CHILD Y L"O""" ohn Mcrr 6020 Ritter Road Suite 100 Nlcchanicsburg, PA 17055 PHONE: 7 17.766.4008 F,v.e: 71 7.766.4066 3. The parties are the natural parents of the following minor child: Lillian Hammaker, born April 21, 2009 (hereinafter, "the child") 4. The child is presently in the custody of Mother, who has removed the child from the Commonwealth of Pennsylvania and keeping Father from having any access to her or visitation rights. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7823 Civil Term ` •t t ? ... ?.. ,, •.? a ...w rr..ow..+aa;p? fit,., -2'i.„ ` ;.. ??i ? ? < t ? . . /_ ? ? 4 e JURISDICTION Law Offic f ohn M. err 5020 Ritter Road suite 109 Mechanic.$xfr?{. PA 17(Y3 PI IO.NF: 7 17. 766.4008 FA : 717.766.4086 5. Pennsylvania possesses jurisdiction over this matter, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA"), 23 Pa C.S. §5421, in that the Commonwealth of Pennsylvania "was the home state of the child within six months before the commencement of the proceeding and the child is absent from this Commonwealth but a parent or person acting as a parent continues to live in this Commonwealth." 6. The child was born in the Commonwealth of Pennsylvania on April 21, 2009; resided continuously there at 594 Old York Road, Lot 6, Etters, Pennsylvania 17319; and was removed to the State of Florida on or after, Tuesday, November 3, 2009, when Mother and Father separated. Father now resides in Cumberland County. The underlying custody action, captioned above, was filed on November 12, 2009. 7. Consequently, the child lived in the Commonwealth of Pennsylvania for a period of six months and fifteen days, while she has lived in Florida for only eleven days. 8. There is no custody proceeding in Florida; no existing custody order has been entered there; and, thus, Florida has made no attempt to exercise jurisdiction and, accordingly, possesses no jurisdiction over this matter. 9. The child and the child's parents have a significant connection with this Commonwealth, in that the child was born in the Commonwealth; her physicians are located here, where she has doctored; and she continuously lived here for a period in excess of six months. 10. Moreover, substantial evidence is available in the Commonwealth of Pennsylvania concerning the child's care, protection, training and personal relationships. REMOVAL TO FLORIDA 11. On September 7, 2009, after being told that Father was ending their relationship, Respondent Mother attempted suicide by taking various pills and mixing with vodka. At the time of her suicide attempt, the child was in her custody; indeed, she had locked the doors and Father had to have 911 dispatch an ambulance to the scene and gain entry. 12. As a result of the suicide attempt, Mother was hospitalized at the Pinnacle Health Law O(fic ohn M. err 5020 Ritter Road SLille 109 Mechanic5bUrf11. I'A 1705,-, Fi Iona: 717.766.4008 Fw 717.766.4066 System until September 10, 2009. 13. Father reconciled with Mother; moved back in; and attempted to make their relationship work for the benefit of his daughter. 14. On Tuesday, November 3, 2009, the parties again separated, this time permanently. 15. Mother's reaction was to remove the child from the jurisdiction; travel to Florida; and move in with her mother at 5305 11th Avenue South, Gulf Port, Florida 33707. 16. Although she has texted and called Father non-stop since she left, she has refused Father any opportunity to see his child. At one point, Father was prepared to drive to Florida; nevertheless, Respondent Mother told him that he would not be allowed to see his child. 17. Respondent Mother has told Petitioner that "if she cannot have custody of her daughter, no one will." 18. Plaintiff/Petitioner believes that the child is in imminent danger while in the custody of Mother, who acts erratically and irrationally. Father further believes her to be emotionally and mentally unstable. 19. Plaintiff/Petitioner never gave his permission for Mother to remove the child from the jurisdiction of the Commonwealth of Pennsylvania. WHEREFORE, it is requested that Plaintiff/Petitioner be given temporary custody of the minor child, Lillian Hammaker so that the child may be returned to the Commonwealth of Pennsylvania in accordance with the procedures set forth in the Uniform Child Custody Jurisdiction and Enforcement Act. Respectfully submitted, t.H John M. Kerr, Esquire Attorney I. D. # 26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road, Suite 109 Mechanicsburg, Pennsylvania 17055 (717) 766-4008 Attorney for Plaintiff, Scott Hammaker, Jr. Dated: November 13, 2009 Law Offic f Y,h, M.crr 5020 Ritter Road Suitc 109 Mechanicsburg, 11,1\ 17055 Pi iom-: 717.766.4008 Fw 717.766.406(1 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Plaintiff's Petition For Emergency or Special Relief," on the below-named individual in the manner indicated: Certified Mail, Restricted Delivery Heather Hileman 5305 11th Avenue South Gulf Port, Florida 33707 ?L py. f4w JohV. Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Date: November 13, 2009 L Offic f Yohn M. err 5020 Ritter Road St lift, 109 Mechanicsburg, RN 17075 PHONE: 7 1 7.766.4008 F,\x: 717.766.4066 VERIFICATION The undersigned, Scott Hammaker, Jr., hereby states that he is the Petitioner in the foregoing Petition For Special Relief and, as such, is authorized to execute this Verification, and that any factual statements in the Petition For Special Relief are true and correct to the best of his knowledge, information and belief. He understands that any false statement is subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to false statements to authorities. v, ?3 26 C? Gel l5-FY Ad )----3,3 5? SCOTT HAMMAKER, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER HILEMAN DEFENDANT 2009-7823 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, November 16, 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, December 15, 2009 at 10:30 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/ ac ueline M. Verne Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabdites 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 ra 2009 NOV 18 FM 1 56 Cut& PENNSYI.V MA