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HomeMy WebLinkAbout10-1745FILED-D, ? "J?'TY ?I ? ,., 20i0 ,?l 10 i i1 54 DAVID R. HAMLIN and ANGELA M. SOTO HAMLIN, his wife Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10- HEATHER M. HAMLIN and DELMAR KING, Defendants : CIVIL ACTION -LAW IN CUSTODY NOTICE o'-wit term 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 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 notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 41'7q.00 PQ A1W &f a&o35 zt*,a3s%q AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DAVID R. HAMLIN and IN THE COURT OF COMMON PLEAS ANGELA M. SOTO HAMLIN, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. HEATHER M. HAMLIN and DELMAR KING, Defendants :NO. 10-114/S 0,1vit-ler," CIVIL ACTION -LAW IN CUSTODY COMPLAINT FOR CHILD CUSTODY AND NOW come the Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin, his wife, by and through their attorney, Mark T. Silliker, Esquire and respectfully requests this Honorable Court award them custody of the subject minor child, and in support thereto, avers the following: 1. Plaintiffs are David R. Hamlin and Angela M. Soto Hamlin, adult individuals currently residing at 93 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 17070. 2. Defendant, Heather M. Hamlin, is an adult individual currently residing at 93 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 17070. 3. Defendant, Delmar King, is an adult individual whose current whereabouts are unknown. 4. The subject child is Rayana A. Hamlin, born February 16, 2010. 5. The relationship of the Plaintiffs to the subject minor child is that of natural maternal grandparents. 6. The relationship of Defendant, Heather M. Hamlin, to the subject minor child is that of natural mother. 7. The relationship of Defendant, Delmar King, to the subject minor child is that of natural father. 8. The minor child has resided at the following addresses in the custody of the following individuals: a. From birth on February 16, 2010 to present, the subject minor child resides at 93 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania in the care and custody of Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin and Defendant, Heather M. Hamlin. 9. There have been no prior actions for custody of the subject minor child in this or any other jurisdiction. 10. The Plaintiffs are not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor child. 11. The Plaintiffs believe and therefore aver that they are much better able to meet the needs of the subject minor child than the Defendants. 12. The Plaintiffs believe and therefore aver that it is in the best interest of the subject minor child that she be placed in their legal and physical custody. WHEREFORE, Plaintiffs request this Honorable Court award them custody of the subject minor child. Date: 3/4110 Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiffs DAVID R. HAMLIN and IN THE COURT OF COMMON PLEAS ANGELA M. SOTO HAMLIN, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. +e. ft HEATHER M. HAMLIN and DELMAR KING, CIVIL ACTION -LAW Defendants IN CUSTODY CUSTODY STIPULATION The undersigned, Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin, his wife, and Defendants, Heather M. Hamlin and Delmar King, respectfully agree and otherwise stipulate to the following: 1. It is the intention of the parties and the parties agree that David R. Hamlin, Angela M. Soto Hamlin, and Heather M. Hamlin will have shared legal custody of the subject minor child, Rayana A. Hamlin, born February 16, 2010. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. The parties shall communicate with each other to coordinate appropriate disciplinary techniques for the child." Day to day decisions shall be the responsibility of the parry then having physical custody. With. 7 regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. The parties agree to immediately inform the other of any medical emergency or medical treatment that the child receives. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin, his wife, shall have primary physical custody of the subject minor child. 3. Defendants, Heather M. Hamlin and Delmar King shall have liberal and frequent periods of partial custody subject to the specific agreement and express consent of Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin. 4. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 5. Neither party shall smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. 6. This Stipulation shall be filed with the Court and adopted as an Order of the Court. Each of the parties understands that this is a valid and otherwise enforceable Order of Court that must be obeyed by the parties. It is further understood that should either party fail to obey the terms of this Order, they could be sanctioned by the Court for contempt. Date: r Witness #I David R. Hamlin (UM&AIAA4 lak??- .41v144 Witness' Address p o-, b Place of execution /? a7o A,1,1--I,V 6M- Relationship to David R. Hamlin r itne/ss/ #2 Witness' Address X,d-? Rela onship to David R. Hamlin Date: 21? /o Witness #1 Angel . Soto Hamlin Witness Address PA 04.70 Place of execution P4 / ?c7G M e A,.?kG Relationship to Angela M. Soto Hamlin p 4fitness #2 ` f?l/,(6i,C dpi jdj?? ilr-- Witness' Address Relationship to Angela M. Soto Hamlin Date: Witness #17 yA/tY rA, Witness' Address/VePt, e U 01 Relationship o Hea er M. Hamlin IC14.4 - -- - I I Witness #2f / 4 A- Witness' Address Rela onship to Heather M. Hamlin Date: 1 ?3 v2 D ?a c Witness #1 Witness' Address Relationship to Delmar King Witness' Address fit 9 94 Now Hea er . Hamli q 1"04 FaC/q Place of execution /°Aha7f i Delmar King Place of execution t 1 ,44-611 17C ?? ,.-- Relationship to Delmar King AFFIDAVIT I, David R. Hamlin, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated. David R. Hamlin AFFIDAVIT I, Angela M. Soto Hamlin, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: -T Angela M. Soto Hamlin MAR 12 2010 DAVID R. HAMLIN and IN THE COURT OF COMMON PLEAS ANGELA M. SOTO HAMLIN, his wife CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 10 I'145 Civ; I lerrn c; HEATHER M. HAMLIN and Y3 : r? DELMAR KING, CIVIL ACTION -LAW - - ry? Defendants IN CUSTODY .. 3 ORDER OF COURT - f AND NOW this day of 2010, in consideration of the aforegoing Custody Stipulation, IT IS HEREBY ORDERED AND DECREED as follows: 1. It is the intention of the parties and the parties agree that David R. Hamlin, Angela M. Soto Hamlin, and Heather M. Hamlin will have shared legal custody of the subject minor child, Rayana A. Hamlin, born February 16, 2010. The parties agree that major decisions concerning the child, including, but not necessarily limited to, the child's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interest. Each party agrees not to impair the other party's rights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child from the other party. Each party shall notify the other of any activity or circumstance concerning the child that could reasonably be expected to be of concern to the other. The parties shall communicate with each other to coordinate appropriate disciplinary techniques for the child. Day to day decisions shall be the responsibility of the party then having physical custody. With regard to any emergency decisions which must be made, the party having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that party shall inform the other of the emergency and consult with him or her as soon as possible. The parties agree to immediately inform the other of any medical emergency or medical treatment that the child receives. Each parry shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent pursuant to 23 Pa.C.S. 5309. 2. Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin, his wife, shall have primary physical custody of the subject minor child. 3. Defendants, Heather M. Hamlin and Delmar King shall have liberal and frequent periods of partial custody subject to the specific agreement and express consent of Plaintiffs, David R. Hamlin and Angela M. Soto Hamlin. 4. During any period of custody or visitation, the parties to this Order shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 5. Neither party shall smoke cigarettes or tobacco products nor allow others to smoke in the presence of the child. BY THE COURT: Distribution: ?k T. Silliker, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112 -Heather M. Hamlin, 93 Haldeman Avenue, New Cumberland, PA 17070 ,,'16elmar King, c/o 93 .Haldeman Avenue, New Cumberland, PA 17070 nn3f/ s/rD