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HomeMy WebLinkAbout10-3052STEPHANIE L. HAMILTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 10 -,3GS-;Z CIVIL TEI TIMOTHY J. HAMILTON, : CIVIL ACTION - LAW Defendant. : IN CUSTODY' COMPLAINT IN CUSTODY y, 1. Plaintiff if Stephanie L. Hamilton, an adult individual, residing at-86::.'` Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Timothy J. Hamilton, an adult individual, residing at 86 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Faith Hamilton, born September 21, 2004, and Tyler Hamilton, born September 12, 2008 (hereinafter, "the Children"). 4. Plaintiff is the natural mother of the Children. 5. Defendant is the natural Father of the Children. 6. The elder child was born out of wedlock and the younger child was not born out of wedlock. 7. The Children are presently in the custody of both parties. 8. During the past five years, the Children have resided with the following persons and at the following addresses: All Persons All Addresses Dates Stephanie L. Hamilton and 86 Beetem Hollow Road 2005 - Present Timothy J. Hamilton Newville, PA ??t.? ?V3Z/. 9. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. Plaintiff has not only undertaken and performed the primary parental responsibilities for the Children, she is for all intents and purposes the only caregiver for the Children. b. Plaintiff is best able to provide the care and nurture which the Children need for healthy development. C. It is believed therefore it is averred that the Defendant is engaged in an extramarital affair with another woman and has been engaged in the affair for at least three years. d. Defendant spends his time and attention on his paramour and her children to the exclusion of his own children. e. It is Defendant's responsibility to provide care for the Children while Plaintiff works her evening shift at her place of employment. When Defendant leaves his place of work he does not return home to watch the Children while Plaintiff is at work, as is his known responsibility, he instead goes to his paramour's home and spends his time with the paramour and her two children, leaving his children home alone. g. Plaintiff's eldest son, age 16, has stepped in to provide the regular care for the Children while Plaintiff works her evening shift when Defendant fails to come home. h. Even when Defendant is actually at home, he does not interact with the children. L Defendant often fails to even enter the home, and his regular routine is to sit in the driveway in his truck, often all night, drinking beer and texting on his cellular telephone. Even if Defendant does enter the home, he is always intoxicated. k. Defendant drinks excessively on a daily basis, and is intoxicated when around the Children almost without exception. 1. Defendant's constant intoxication is a danger to the Children's mental and physical well-being. M. Plaintiff and Defendant's siblings staged an "intervention" with Defendant four months ago, based upon the Defendant's abuse of alcohol and the damage it does to his family. n. Defendant acknowledged his problem and agreed to participate in a free rehabilitation program at Roxbury only to leave after completing just three days of a minimum 28-day program. o. Before returning home from Roxbury, Defendant went to a bar. P. Defendant's alcohol abuse is worsening and Plaintiff fears for the mental and physical well-being of the Children as a result. 10. Plaintiff intends to relocate with the Children from her current residence to a new home in the state of Arkansas. 11. Plaintiff and Defendant currently live separate and apart within their marital home. 12. Plaintiff has asked Defendant to vacate the marital home and find a new residence but, despite Defendant's complete disregard of his wife and children in favor of another man's wife and children, Defendant refuses to leave. 13. Plaintiffs family reside in Arkansas. 14. Plaintiff's brother and the children's uncle resides in Arkansas with his wife and children. 15. Plaintiffs sister and the children's aunt also resides in Arkansas with her husband and children. 16. The Children have yet to begin regular schooling. 17. Plaintiff has arranged with her employer, WalMart, to transfer to a store in Arkansas. 18. The move will significantly improve the quality of life for Plaintiff and the Children and contribute to their happiness. 19. Plaintiff's motive in moving is to secure the substantial advantage for Plaintiff and the Children of a new life away from the current one which Defendant has made intolerable. 20. It is in the Children's best interest that the move to Arkansas occur. 21. Plaintiff is willing in the future to create a visitation arrangement for Defendant, however unsupervised visitation at this time would pose a danger to the Children. 22. Currently, Defendant's alcoholism creates a serious danger for the Children and it would not be in the best interest of the Children for Defendant to have their care. 23. Plaintiff has no information of any custody proceeding concerning the Children pending in a court of this Commonwealth. 24. Plaintiff does not know of any person not a party to this proceeding that has a claim to have custody or visitation rights with respect to the Children. 25. Each parent whose parental rights to the Children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. Respectfully submitted, O ?r ?a 70 Date TURO ROBINSON Lorin Andr f PAID# 3199 28S o Pitt Street Carli PA 17013,,. 717-245-9 Attorney for Plaintiff Esquire VERIFICATION I verify that the statements contained in the foregoing Complaint in Custody are true and correct to the best of my knowledge and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Stephanie L. Hamilton Plaintiff STEPHANIE HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CNIL ACTION -LAW TIMOTHY HAMILTON, NO. 2010-3052 Defendant IN CUSTODY C) ^' r ~ '4Z ORDER -`"~~~ ~.- ~~ ~ ~~~~~ , - o~ -_ AND NOW, this day of July, 2010, the Conciliator being advised the sties hie =~ _ . reached an agreement, the Conciliator relinquishes jurisdiction. 1' `~ c.~ {'~-~ ~F--, Hubert X. Gil ,Esquire Custody Con iliator c JUL 0 7 2010 STEPHANIE L. HAMILTON, Plaintiff, v. TIMOTHY J. HAMILTON, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3052 CIVIL TERM CIVIL ACTION -LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ day of -l^ , 2010, upon consideration of the attached Custody Stipulation Agreement, it is Ordered and Directed as follows: 1. All previously existing custody orders are hereby vacated. 2. Faith LeAnn Hamilton, born September 21, 2004, and Tyler Joseph Hamilton, born September 12, 2008 (hereinafter, "the children"), are the natural children of Stephanie L. Hamilton (hereinafter, "the Mother") and Timothy J. Hamilton (hereinafter, "the Father"). 3. The Mother and the Father shall have shared legal custody of the Children. 4. The Mother shall have primary physical custody of the Children, subject to periods of supervised visitation with the Father by agreement of the parties. BY THE COURT, c u J h, -~ c_: r-., c.c. ~.enn A. Snyder, Esq. _~~~_~ ~_- - ~ ~ _. --' Timothy J. Hamilton ` --~ t ~" - ~~= ~' rnac~ -~ `:~~~, -1 .~' t~ ? 10 2010 S TIMOTHY J. HAMILTON, Plaintiff VS. STEPHANIE L. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL'PAMW -03 0 CIVIL ACTION - LAW zrn E5 r NO. 2010-3052 IN CUSTODY ° z ?' o z o --4 --.,. -04 COURT ORDER -< NOW, this day of November, 2010, upon consideration of the attached Custody C) .rn G9 o--*n orn D Conciliation Report, it is ordered and directed that this court's prior order of July 8, 2010, shall remain in place subject to the following modifications: 1. The father shall enjoy periods of temporary physical custody with the minor children on alternating Saturdays and Sundays from 9:00 a.m. until 6:00 p.m. commencing Saturday, November 6, 2010. Exchange of custody shall be handled with the non- custodial parent picking the children up. 2. The father shall also have custody on Thanksgiving Day from 9:00 a.m. until 6:00 p.m. with the same transportation arrangements applicable. 3. The father shall not consume alcohol or be under the influence of alcohol when he has custody of the minor children. 4. The parties shall meet again for a custody conciliation conference on Thursday, December 16, 2010, at 9:30 a.m. At this conference and in the event their has been no problems with father's custody arrangement, it would be anticipated that father's periods of temporary custody may be expanded to commence overnights initially with one overnight on alternating weekends and possibly expanding thereafter assuming there are no problems. 5. In the event any issues arise between the parties that require immediate attention by the court, counsel for either party may contact the custody conciliator directly to schedule a telephone conference and the conciliator, as appropriate, may recommend a modified order tot his court. 6. The custody proceedings in this case shall remain at the above captioned docket number and father's counsel shall file a discontinuance for the proceedings filed at docket number 2010-6184. BY THE COURT, Judge cc: ? P Bradford Orr, Esquire y Barker Wolf, Esquire TIMOTHY J. HAMILTON, Plaintiff VS. STEPHANIE L. HAMILTON, Defendant PRIOR JUDGE: Albert H. Masland, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-3052 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who is the subject of this litigation is as follows: Tyler Hamilton, born September 12, 2008, and Faith Hamilton born September 21, 2004 2. A Conciliation Conference was held on November 5, 2010, with the following individuals in attendance: The father, Timothy J. Hamilton, with his counsel, Paul Bradford Orr, Esquire and the mother, Stephanie L. Hamilton, with her counsel, Stacy Barker Wolf, Esquire. 2. The parties agree to the entry of an Order in the form as attached. Date: November , 2010 a '0 ') Hubert X. Gilroy squire Custody Conciliator