Loading...
HomeMy WebLinkAbout04-3916 STEVEN E. HAMMAKER Plaintiff/Father vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : " _ .;crlb : No.D'" CIVIL TERM JOANNE HAMMAKER Defendant/Mother : CIVIL ACTION-LAW /') t:ft.-CUSTODY UlNlI';.l, -i.:-t PEl1'ffON FOR CUSTODY AND COMES NOW, the petitioner, Steven E. Hammaker, by and through his attorney, Herbert Corky Goldstein, Esquire, and files the following Petition For Shared Physical and Legal Custody and in support thereof, respectfully represents as follows: I. The Petitioner is Steven E. Hammaker in the above-captioned action. 2. 1be Respondent is Joanne Hammaker, fonnerly known as Joanne Singer. 3, The Parties were divorced on February 24th, 1999 in Cumberland County, 4. A Marriage Settlement Agreement was entered on or around May 26th, 1998. It was done through their counsel, Maria P. Cognetti for the Plaintiff and Gary L. Kelley for the Defendant in this action, It was executed separately, but not made into a Court Order or filed with the Court. That Agreement is attached and marked Exhibit A. See 5A, 5B, a,b,c,and d, 5C, of the Agreement. Parties were to share legal custody equally. Primary Physical Custody was given to wife with Partial Custody to the Plaintiff and that Partial Custody was specifically spelled out and stated in that Agreement. A reading of the above sections will clearly indicate to the Court their written Agreement. They were to share "legal" custody. 5, The above Agreement has not been followed by the Defendant and Plaintiff has not even been allowed to see the children since March 21 't, 2004 and has not been permitted to talk. to them. Plaintiff would have filed much sooner, but has had major back surgery DefendantIMother has also never followed the eQuallv shared "Iellal" custody, as they agreed. 6. The children are: Dalton, age 13, born 5/15/91; and Dylan, age 9, born 1113/95. 7. The children live with their mother at P.O. Box 336 SummerdaIe, Pennsylvania. This is a home at 313 Fifth Street. 8. Plaintiff lives with his partner of three Y, years, Scott Eagle, at 1409 Brnndton Road, Mechanicsburg, PA. 17055, 9. Plaintiff seeks Equally Shared Legal and Physical Custody of his two children. 10. The children were born in wedlock. 11. Since the birth of the chidren the children lived with both Plaintiff and Defendant together until their separation in 1994. 12. Plaintiff has not participated as a party in this or any other litigation concerning the custody of their children in this or any other Court. -2- 13. Defendant always speaks disparagingly about Plaintiff to their children and has coached the children to alienate them from their father and keep them from him, Defendant has continued to always tell the children that Petitioner's gay life style is horrible, and calls Petitioner a "fag", or "cocksucker", etc" in front of the children. 14. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth, or any other Court. 15. The Plaintiff does not know of a person nor a party to the proceedings that has physical custody of the children, or claims to have custody or visitation rights with respect to the children. 16. Each parent whose parental rights to the children have not been terminated and the person who now has physical custody of the children has been named as a party to this action. There are no other persons known to have or claim a right to custody or visitation of the children and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein, 17, The best interest and permanent welfare of the children will be served by granting Plaintiff equally shared physical and legal custody of the minor children, a. The children should be permitted to enjoy the continued love, affection and emotional support from their father. b, Petitioner/father loves his two children dearly, c, Plaintiffi'father and DefendanVmother are divorced, but DefendanVmother has succeeded in her threat to Plaintiff/father that she would keep the children from him and he would "pay" for his being gay and will make sure he never will see or talk to his children again. d. Defendant will not permit the children to even speak to their father. 18. Defendant also made a false report to Cumberland County Children and Youth two years ago that Plaintiffi'father was "hitting the kids", and that he and his partner were walking around their home in the nude. The children told Cumberland County that this was totally false, and the County determined that the DefendanVmother fabricated the story and they dropped the case. WHEREFORE, Plaintiff/father requests the Court to grant him equally shared physical and legal custody of their minor children, Respectfully submitted, , i 'J .....-": HERB ERT C . LDSTEIN, ESQ. Attom<y fo, P1w Ul7F_ 59 Central Boulevard Camp Hill, P A 17033 (717) 236-6491 I.D. #7182 - 3- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN I, Herbert Corky Goldstein, Esquire, attorney for PlaintifflFather, verifies that the Custody Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~,..3, cJtJO'f Sworn and Subscribed Before me this day of S ;ei. ~ ,2004, i/fJiA ~:';ry Public Notarial Seal Sharon K. Shaffer. Note.,. Puhlic City of Harrisburg, Dauphin County My Commission Expires Sept. 6, 2004 Member, PennsylvaniaAssOCiahonofNotane. -4- CERTIFICATE OF SERVICE I, Herbert Corky Goldstein, Esquire, do hereby certifY that a true and correct copy of the Custody Complaint was served by U. S. postal delivery, certified restricted delivery from Harrisburg, P A., postage-prepaid to the following person: Joanne Hammaker p, 0, Box 336 Summerdale, P A 17093 ~~~ -5- MARRIAGE SETTLEMENT AGREEMENT By and Between: JOANNE HAMMAKER - AND- STEVEN HAMMAKER Dated EiH/&j'/A MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this between Joanne C Hammaker ("Wife") Harnsburg, Pennsylvania. day of ~ , 1998, by and AND - Steven E. Hammaker ("Husband"), at WHEREAS, the parties hereto are husband and wife having been married on January 7, 1989, at Enola, Pennsylvania. WHEREAS, two (2) children were born of this marriage; said children being Dalton, DOB 5/15/91, and Dylan DOB 1/13/95. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree In dIvorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respecfively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings The foregoing proviSIon shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Division of P,'operty. Husband and Wife agree that the following constitutes an equitable distribution of the marital property A. The following property shall become the sole and exclusive property of Husband 1991 Pontiac Grand Am automobile or the proceeds therefrom, assorted household goods already in his possession, and all personal property in his possession. B. The following property shall become the sole and exclusive property of Wife 1990 Honda Accord, marital residence located at 3 13 Fifth Street, Summerdale, Cumberland County, Pennsylvania, 1990 Honda Accord, household goods in her possession, and all personal property in her possession. C. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. D. Notwithst3nding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claii11 or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. E. By this Agreement the parties have intended to effect an equitable diviSion of their jointly owned property The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party The division of existing marital property is not intended by the parties to constitute in 3ny way a sale or exch3nge of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. F. Except as expressly provided herein, Husband forever relinquishes any right and interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. G. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or heL with full power in him or her to dispose of the same as fully and effectively, 111 all respects and for all purposes as though he or she were unmarried 3. Debts. All marital debt has been previously addressed by the parties 4. Alimony. Wife waives any rights which she may have against Husband for alimony, alimony pendente lite, attorney's fees, costs, and expenses. Husband waives any rights which he may have against Wife for alimony, alimony pendente lite, attorney's fees, costs, and expenses. 5. Custody. The parties agree to custody as follows A. The parties agree that the parties shall share legal custody of their children. Primary physical custody shall be with Wife, with Husband to have partial physical custody as hereinafter set forth. During such times as each child resides with the parties as set forth above, the parent having physical custody shall be responsible for all aspects of child care, including medical, and shall have the duty to immediately advise the other parent of any unusual occurrence or any illness. B. The following shall constitute a minimum schedule for partial custody of the children with Husband a. Alternate weekends from 6:00 p.m. Friday until 600 p.m. Sunday b. Shared holidays such that the parties shall share partial custody for New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. The parties agree to work out the specifics with respect to these holidays. c. Two weeks summer vacation upon one month's prior notice. Said weeks are not to be consecutive unless the parties otherwise agree in writing. d. Other times as the parties may mutually agree. C. The parties shall seek to foster and encourage the love, affection and respect of the children for each parent, and to that end will cooperate in the best interests of the children in implementing a schedule of partial custody. 6. Child SUppOI.t. A. Husband and Wife acknowledge that they each share a responsibility to pay for the postsecondary educational expenses of their minor children who may be enrolled on a full-time basis in postsecondary education. The parties specifically acknowledge that under the current state of the law that neither party bears a legal responsibility for the contribution of these costs. Nonetheless, the parties wish to be bound by the provisions of this Agreement with respect to the payment of postsecondary educational expenses. B. Husband and Wife agree that they shall be responsible for the payment of no less than one-haif (1/2) of the tuition of the minor children to attend postsecondary education 7. Full DisclosUI'e. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof In this Agreement is specifically waived. 8. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the otlier, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 9. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and Of her costs and expeDses reasonably incurred in investigating or attempting 10 avuid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 10. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 11. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result or any collusion or improper or illegal agreement or agreements. 12. B,'each. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, to rescind this Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 13. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advis3ble to carry out the provisions of this Agreement. 14. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 15. Merger. In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent Jurisdiction, the provisions of this agreement shall be merged into such judgment or decree and shall become part thereof as the Order of the Court. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fnst above written. Witness Joanne C. Hammaker _ ~>>nO~(j/J- wijf:: CT .~ I ;t!J Steven E. Hammaker -,:J~~ ft:.~% {J:i '- ""' ~ ~ () ~~ft! ~ '-..1:.....~ "'.1 G ,,:':-1 t- it ~~ ~ ~f :f t ~ ~ J- STEVEN E. HAMMAKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-3916 CIVIL ACTION LAW JOANNE HAMMAKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 19, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Thursday, September 09, 2004 , the conciliator, 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. 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 aU existinl~ Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinll. FOR THE COURT, By: /sl Melissa P. Greevy. F.sq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is requin~d 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 ~ ~ ~ ~ 4V /J~.h('.~ - 6- ~ ~ ~ Ar/-/J~> ~j?< ki? Af1~~~ -n /Jtl-Jre.~ 't',;' . ~,r.'lZ ',,-, T..iL.' ,~ :",-,! SEP 1 6 2004 '~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STEVEN E. HAMMAKER, v, JOANNE HAMMAKER, Defendant TEMPORARY ORDER OF COURT AND NOW, this "2,........ day of September, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leaal Custody, The parties, Steven E, Hammaker and Joanne Hammaker, shall have shared legal custody of the minor children, Dalton Hammaker, born May 15, 1991, and Dylan Hammaker, born January 13, 1995, Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion, Pursuant to the terms of 23 Pa, C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. Mother shall have temporary primary physical custody of the minor children subject to Father's rights of temporary partial custody which shall be arranged as follows: A. Each Sunday from 12:30 p,m. to 4:00 p,m, in a public place, It is anticipated that Father's custodial periods will be expanding in duration and frequency as the estrangement that exists between Father and the children is addressed through therapeutic family counseling. Father's Sunday's visits may commence the first Sunday after the counseling has begun unless the parties select a mutually agreeable alternate date to begin, Father will provide transportation incident to these initial periods of partial custody, c 'v'\N'il\iJ-SNN3a )IN\\O~1 (\t.j';nHj'2,\~(l'J 1)11\ \Il,l~ LZ d3S ~UUl j"tJ'il"JNO\-U.O'dd 3\11 :\0 3J\~~o-and NO, 04-3916 CIVIL TERM 3, The parties and children shall participate in therapeutic family counseling to address the estrangement that exists between Father and the children, The initial goal shall include the initiation of periods of partial custody with Father with an eye toward expanding these periods of custody as the therapeutic work progresses, The parties will cooperate with the therapist by including significant others in the counseling with the children should the therapist find that it is clinically appropriate to do so, 4, Mother will continue to pay for the unreimbursed medical expenses attendant to the previously commenced individual counseling for the children. In the event the therapist recommends that either parent participate in individual counseling, the parent in individual counseling shall be responsible their own unreimbursed medical expenses. Unreimbursed costs of the therapeutic family counseling in Paragraph 3 above shall be shared equally by the parents. 5. Father shall initiate a telephone call to the c:hildren between 8:30 p.m. and 9:00 p.m. each Wednesday unless otherwise agreed. These contacts shall begin September 15, 2004. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7, During any period of custody or visitation thEl parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 8, The children shall not be exposed to R-rated or X-rated literature, video games or movies. 9, The parties shall not discuss either parent's sexual orientation outside the therapeutic setting, 10. The parties shall not discuss adult topics such as custody or child support in the presence or earshot of the minor children, 11, In the event that Father's health insurance provides for psychological care, he will share information so that the parties may make application to use his benefits if needed. NO. 04-3916 CIVIL TERM 12. In the event that either party misses two (2) therapy sessions consecutively and does not reschedule, the Custody Conciliation Conference may reconvene upon request of counsel. 13. The Custody Conciliation Conference shall reconvene on November 2, at 1 :00 p.m. at the office of the Custody Conciliator, Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043. J. Dis!: .);I9rbert Corky Goldstein, Esq., 59 Central Boulevard. Camp Hill, PA 17011 > ~ ~ rL JoffIry A. Eller Dissinger, Esq., 28 North 32'. Street, Camp Hill, PA 17011 ~I I r~- ~ 09-:0 -()I Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STEVEN E. HAMMAKER, v. JOANNE HAMMAKER, Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Dalton Hammaker Dylan Hammaker May 15,1991 January 13, 1995 Mother Mother 2. The parties' first Custody Conciliation Conference was held on September 9, 2004, following Father's filing of a Complaint for Custody on August 9, 2004. Attending the conference were: the Father, Steven E. Hammaker, and his counsel, Herbert Corky Goldstein, Esquire; the Mother, Joanne Hammaker, and her counsel, Mary A. Etter Dissinger, Esquire. 3. attached. The parties reached an agreement in the for Temporary Order as qj/{jpj LaiJfl:->/i Melissa Peel Greevy, Esquire Custody Conciliator :235152 ~ NO~ 82004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM STEVEN E. HAMMAKER, v. CIVIL ACTION - LAW JOANNE HAMMAKER, IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this I z. - day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Leqal Custody. The parties, Steven E. Hammaker and Joanne Hammaker, shall have shared legal custody of the minor children, Dalton Hammaker, born May 15, 1991, and Dylan Hammaker, born January 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa, C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. Mother shall have temporary primary physical custody of the minor children subject to Father's rights of temporary partial custody which shall be arranged as follows: A. Effective November 7, 2004, on alternating Sundays from 12:30 p.m. to 6:30 p.m. B. Effective November 13, 2004, on alternating Saturdays from 10:00 a.m. to 6:30 p.m. C. On December 3, 17 and 31, 2004 from Friday after hockey or at 6:00 p.m. until Saturday at 6:30 p.m. D. Effective January 7, 2005, on alternating weekends, from Friday at 6:00 p.m. until Sunday in time for the boys to attend church with Mother. - \t;~~r :/f\l)~':~>~ \J .~d 1,1" ,r,,-. ". .-,' .-.. ...." "In'"\ 1\..1..1\; ;'), ' , ,. -' " , . r\; h...} 22 :8 HV S I ^OU ~aal ,\U~.1iC/<.~=:j --;JC:dd :~f"Ll :!() 3~Y:t:lC)' Q:r~J.:1 .... NO. 04-3916 CIVIL TERM E. Effective February 4,2005, on alternating weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The parties and children shall participate in therapeutic family counseling to address the estrangement that exists between Father and the children. The initial goal shall include the initiation of periods of partial custody with Father with an eye toward expanding these periods of custody as the therapeutic work progresses. The parties will cooperate with the therapist by including significant others in the counseling with the children should the therapist find that it is clinically appropriate to do so. 4. Mother will continue to pay for the unreimbursed medical expenses attendant to the previously commenced individual counseling for the children. In the event the therapist recommends that either parent participate in individual counseling, the parent in individual counseling shall be responsible their own unreimbursed medical expenses. Unreimbursed costs of the therapeutic family counseling in Paragraph 3 above shall be shared equally by the parents. 5. The boys shall be able to contact the non-custodial parent by telephone, upon their request. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 6. Neither party shall do or say anything which may estrange the children from the other parent,' injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 8. The children shall not be exposed to R-rated or X-rated literature, video games or movies. 9. The parties shall not discuss either parent's sexual orientation outside the therapeutic setting. NO. 04-3916 CIVIL TERM 10. The parties shall not discuss adult topics such as custody or child support in the presence or earshot of the minor children. 11. In the event that Father's health insurance provides for psychological care, he will share information so that the parties may make application to use his benefits if needed. 12. In the event that either party misses two (2) therapy sessions consecutively and does not reschedule, the Custody Conciliation Conference may reconvene upon request of counsel. 13. Neither party shall remove the children from school for reasons other than illness without consent of the other parent. This is specifically intended to apply to vacations or vacations with an educational purpose. 14. Vacation. For the years 2005 and 2006, each parent shall be entitled to two (2) weeks vacation which shall not be taken consecutively. The parties shall provide each other with notice by May 1st of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Summer camp and vacation for the boys shall be arranged so as not to have the children away from either parent for more than one (1) week at a time. However, beginning in 2007, the vacation weeks may be taken consecutively by the parties' mutual agreement. 15. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. B. Christmas. Each year, Father shall have custody for Christmas from December 25th at 4:00 p.m. until December 26th at 2:00 p.m. Each year, Mother shall have custody for Christmas from December 24th through December 25th at 4:00 p.m. C. The parties shall and/or alternate the remaining holidays by their mutual agreement. NO. 04-3916 CIVIL TERM 16. The parties may modify the terms of this Order by their express mutual agreement. However, in the absence of an agreement, the terms of this Order shall control. BY THE COURT: Dist: ~ert Corky Goldstein, Esquire, 59 Central Boulevard, Camp Hill, PA 17011 ~ry A. Etter Dissinger, Esquire, 28 North 32nd Street, Camp Hill, PA 17011 Ad- n A. Hess, J. VD~ \ \" \ NOV 0 82004 STEVEN E. HAMMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM v. JOANNE HAMMAKER, CIVIL ACTION - LAW IN CUSTODY Defendant 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 children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Dalton Hammaker Dylan Hammaker May 15, 1991 January 13, 1995 Mother Mother 2. The parties' second Custody Conciliation Conference was held on November 2, 2004. Attending the conference were: the Father, Steven E. Hammaker, and his counsel, Herbert Corky Goldstein, Esquire; the Mother, Joanne Hammaker, and her counsel, Mary A. Etter Dissinger, Esquire. 3. The parties reached an agreement in the form of the Temporary Order as attached. 1/?ltJ} Ui':MLL Bv Melissa Peel Greevy, Esquire Custody Conciliator I :238673 STEVEN E. HAMMAKER Plaintiff/Husband V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 04-3916 CIVIL TERM : CIVIL ACTION- LAW JOANNE HAMMAKER Defendant/Wife : IN CUSTODY COMPLAINT FOR ENFORCEMENT OF COURT ORDER Respectfullv Request ,Expedited Hearine AND NOW COMES, the petitioner, Steven E. Hammaker, by and through his attorney, Herbert Corky Goldstein, Esquire, and files the following Complaint For Enforcement of The Temporary Order of Court signed by Judge Kevin Hess on the 12th day of November, 2004 after a second Conciliation before Custody Conciliator, Melissa Peel Greevy on November 2nd, 2004. Existing Court Order is attached to this Complaint. 1. According to the Order, nwnber 9, "the parties shall not discuss either parent's sexual orientation outside the therapeutic setting." Mother, Joanne Hammaker, continues to disparage Father's sexual orientation to the children, and is succeeding in getting the children to completely disrespect and dislike their father. It is very apparent that Joanne Hammaker is continuing to follow through on her previous promise to her sons' father that "he will lose the children." Joanne Hammaker plans to make that happen, irregardless of the short term and long term emotional harm she is inflicting upon the boys. Her hatred and prejudice of Steven have taken over her honoring the Court Order she agreed to follow. 2. AccDrding to' the Order, number 10, ''the parties shall nDt discuss adult tDpics as custDdy Dr child SUPPDrt in the presence Dr earshDt Dfthe minDr children." JDanne Hammaker tDld the children directly that they will have nO' Christmas because "their father tDDk her to' CDurt" and nDW she has nO' mDney because Df legal fees. She neglected to' tell the children that the reasDn their father tDDk her to' CDurt was because Df her refusal to' allDW Steven to' see Dr speak to' his SDns since March. She has intentiDnally made the children angry with their father to' achieve her gDal and they, the bDYS, tDld him what their mDther tDld them and nDW they dDn't want to' see him. JDanne Hammaker did this to' make the boys angry with their father and cause them to' nDt want to' see him. This was her planned, desired result. This way she can say that the bDYS dDn't want to' see their father, but nDt telling the CDurt hDW she manipulated them by telling them that their father is taking her mDney. 3. JDDanne Hammaker has alsO' viDlated Number 6 Dfthe Order by the abDve actiDns by her. 4. Because Df the abDve actiDns by MDther, Steven had little Dr no, time with his SDns Dver Thanksgiving, Dr at Dther times he was to' have SDns. 5. JDanne Hammaker even refused to' get a ticket fDr Steven fDr a SChDDI wrestling match, but instead gDt Dne fDr her bDyfriend. 6. MDther's intentiDn in this unfDrtunate situatiDn is to' dO' anything she can to' remDve Steven from the life Df his SDns. That is her missiDn, and the children's mental state is nDt her first priDrity. "She" is the first priority. 7. Joanne Hammaker continues to argue with Steven over anything and everything and even threatened to have him arrested when he came to pick-up the boys. WHEREFORE, PlaintiffJFather requests the Court to enforce the existing Court Order and compel the DefendantIMother to follow the Order and not to undermine it. Date ~~ I~oof Respectfully Submitted, -~--~~lJffi HBIli3ERT CORWY GOLDSTEIN, ESQ. 59 Central Boulevard Camp Hill, PA 17011 (717) 236-6491 I.D. # 07182 Attorney for Steven. Hammaker, PlaintiffJFather CERTIFICATE OF SERVICE I, Herbert Corky Goldstein, Esquire, do hereby certify that a true and correct copy of the Custody Complaint was served by U. S. postal delivery, certified restricted delivery from Harrisburg, P A., Postage-prepaid to the following person: Attorney Mary A. Etter Dissinger 28 North 320d Street Camp Hill, PA 17011 D~~J)(f[b~ VERIFICATION COMMONWEALTH OF PENNSYL VANIA: COUNTY OF CUMBERLAND I, Herbert Corky Goldstein, Esquire, attorney for PlaintifflFather, verifies that this Complaint is true and correct. I understand that false statements herein are made subject to the penalties of 18 P A. C.S. Section 4904, relating to unsworn falsific_tion to authorities. Date:'~ ~ ~~ \~ i )J) I ; I ..:JRB E T C(\l{J(Y GOLDSTEIN, ESQ. NOV 0 8 2004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM STEVEN E. HAMMAKER, v. JOANNE HAMMAKER, CIVIL ACTION - LAW IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this J ith day of November, 2004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directe.d as follows: 1. Leqal Custody. The parties, Steven E. Hammaker and Joanne Hammaker, shall have shared legal custody of the minor children, Dalton Hammaker, born May 15, 1991, and Dylan Hammaker, born January 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa, C. S. 95309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of 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. 2. Physical Custody. Mother shall have temporary primary physical custody of the minor children subject to Father's rights of temporary partial custody which shall be arranged as follows: A. Effective November 7, 2004, on alternating Sundays from 12:30 p.m. to 6:30 p.m. B. Effective November 13, 2004, on alternating Saturdays from 10:00 a.m. to 6:30 p.m. C. On December 3, 17 and 31, 2004 from Friday after hockey or at 6:00 p.m. until Saturday at 6:30 p.m. D. Effective January 7, 2005, on alternating weekends, from Friday at 6:00 p.m. until Sunday in time for the boys to attend church with Mother. NO. 04-3916 CIVIL TERM E. Effective February 4, 2005, on alternating weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The parties and children shall participate in therapeutic family counseling to address the estrangement that exists between Father and the children. The initial goal shall include the initiation of periods of partial custody with Father with an eye toward expanding these periods of custody as the therapeutic work progresses. The parties will cooperate with the therapist by including significant others in the counseling with the children should the therapist find that it is clinically appropriate to do so. 4. Mother will continue to pay for the unreimbursed medical expenses attendant to the previously commenced individual counseling for the children. In the event the therapist recommends that either parent participate in individual counseling, the parent in individual counseling shall be responsible their own unreimbursed medical expenses. Unreimbursed costs of the therapeutic family counseling in Paragraph 3 above shall be shared equally by the parents. 5. The boys shall be able to contact the non-custodial parent by telephone, upon their request. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 6. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comp1y with this prohibition. 8. The children shall not be exposed to R-rated or X-rated literature, video games or movies. 9. The parties shall not discuss either parent's sexual orientation outside the therapeutic setting. NO. 04-3916 CIVIL TERM 10. The parties shall not discuss adult topics such as custody or child support in the presence or earshot of the minor children. 11. In the event that Father's health insurance provides for psychological care, he will share information so that the parties may make application to use his benefits if needed. 12. In the event that either party misses two (2) therapy sessions consecutively and does not reschedule, the Custody Conciliation Conference may reconvene upon request of counsel. 13. Neither party shall remove the children from school for reasons other than illness without consent of the other parent. This is specifically intended to apply to vacations or vacations with an educational purpose. 14. Vacation. For the years 2005 and 2006, each parent shall be entitled to two (2) weeks vacation which shall not be taken consecutively. The parties shall provide each other with notice by May 1st of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Summer camp and vacation for the boys shall be arranged so as not to have the children away from either parent for more than one (1) week at a -tiine. However, beginning in 2007, the vacation weeks may be taken consecutively by the parties' mutual agreement. 15. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Father's Day. B. Christmas. Each year, Father shall have custody for Christmas from December 25th at 4:00 p.m. until December 26th at 2:00 p.m. Each year, Mother shall have custody for Christmas from December 24th through December 25th at 4:00 p.m. C. The parties shall and/or alternate the remaining holidays by their mutual agreement. . NO. 04-3916 CIVIL TERM 16. The parties may modify the terms of this Order by their express mutual agreement. However, in the absence of an agreement, the terms of this Order shall control. BY THE COURT: /5/ ,) 'NIfi7 ~d ~J.f\f') ~~vin A. Hess, J. Dist: Herbert Corky Goldstein, Esquire. 59 Central Boulevard, Camp Hill, PA 17011 Mary A. Etter Dissinger, Esquire, 28 North 32nd Street, Camp Hill, PA 17011 --' .. ~ ~ ~ C') r-,') 0 c~:) C'- ~-~::) .1 . : ,...- ~ ~ ~ C:? ,--1 \'l r:-l :L-:!J ("-) 1.11"_ ......." ~. I :::lh ~ ~.:' : -J . ,) r \ r' .:: (:>,C) ,..!'._"", ~ ~ -- -0 I:"\~P . ., \ ..t",. ( -' <0 {< , I ~ r~, 'i ,';\ , ~ ",," I~ ,- (~) :\ '"~-.1 .'r,'" ~ (.A) " ;,~J .~.,- (".) -<.: STEVEN E. HAMMAKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 04-3916 CIVIL ACTION LAW JOANNE HAMMAKER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 09, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne, PA 17043 on Wednesday, December 22, 2004 , the conciliator, at 9:30 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. All children aJ!;e 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, Special Relief orders. and Custody orders to the conciliator 48 hours prioJr to scheduled hearine:. FOR THE COURT. By: /s/ Melissa P. Greevy, Esq. Custody Conciliator mhc 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 wurt. 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 ~ F $ ~41~c26~t:1 ~$.P Z~~ AO-btl ~ h '1- ~ 4-.Pl /;(Nr el ItL:\l/7r~.-> :-", , :.... !;~'~, '~. ;~' 1] ['L .(' f r ' v.t., '".,' r ..cJ 0 - J]G 7DDZ i~,.I~;\'1C~['~J,~t (.l:.~} f -I I ~^;' -'.../--:0 -Yf 'r; :j\jl,~!O'-Ci:ri~: -. .:1G .(' DE C 0 8 2004 f STEVEN E. HAMMAKER PlaintifflFather : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : 04-3916 CIVIL ACTION LAW JOANNE HAMMAKER DefendantIMother : COMPLAINT FOR ENFORCEMENT OF COURT ORDER : IN CUSTODY ORDER OF COURT AND NOW, , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevv. ESQ.. the conciliator, at on at 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 defme and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or oldl~r may also be present at the conference. Failure to appear at the conferences 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, nnd Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: Isl Custody Conciliator mhc 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 arnmgements must be made at least 72 hours prior to any hearing or business before the c:ourt. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIDS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANOT 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 V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : No. 04-3916 CIVIl, TERM : CIVIL ACTION- LAW STEVEN E. HAMMAKER PlaintifflHusband JOANNE HAMMAKER Defendant/Wife : IN CUSTODY COMPLAINT FOR ENFORCEMENT OF COURT ORDER Respectfullv Request Expedited HearmS! AND NOW COMES, the petitioner, Steven E. Hammaker, by and through his attorney, Herbert Corky Goldstein, Esquire, and files the following Complaint For Enforcement of The Temporary Order of Court signed by }udge Kevin Hess on the 12th day of November, 2004 after a second Conciliation before Custody Conciliator, Melissa Peel Greevy on November 2nd, 2004. Existing Court Order is attached to this Complaint. 1. According to the Order, number 9, "the parties shall not discuss either parent's sexual orientation outside the therapeutic setting." Mother, Joanne Hammaker, continues to disparage Father's sexual orientation to the children, and is succeeding in getting the children to completely disrespect and dislike their father. It is very apparent that Joanne Hammaker is continuing to follow through on her previous promise to her sons' father that "he will lose the children." Joanne Hammaker plans to make that happen, irregardless of the short term and long term emotional harm she is inflicting upon the boys. Her hatred and prejudice of Steven have taken over her honoring the Court Order she agreed to follow. 2. According to the Order, number 10, "the parties shall not discuss adult topics as custody or child support in the presence or earshot of the minor children." Joanne Hammaker told the children directly that they will have no Christmas because "their father took her to Court" and now she has no money because of legal fees. She neglected to tell the children that the reason their father took her to Court was because of her refusal to allow Steven to see or speak to his sons since March. She has intentionally made the children angry with their father to achieve her goal and they, the boys, told him what their mother told them and now they don't want to see him. Joanne Hammaker did this to make the boys angry with their father and cause them to not want to see him. This was her planned, desired result. This way she can say that the boys don't want to see their father, but not telling the Court how she manipulated them by telling them that their father is taking her money. 3. Jooanne Hammaker has also violated Number 6 of the Order by the above actions by her. 4. Because of the above actions by Mother, Steven had little or no., time with his sons over Thanksgiving, or at other times he was to ha.ve sons. 5. Joanne Hammaker even refused to get a ticket for Steven for a school wrestling match, but instead got one for her boyfriend. 6. Mother's intention in this unfortunate situation is to do anything she can to remove Steven from the life of his sons. That is her mission, and the children's mental state is not her first priority. "She" is the first priority. 7. Joanne Hammaker continues to argue with Steven over anything and everything and even threatened to have him arrested when he came to pick-up the boys. WHEREFORE, Plaintiff/Father requests the Court to enforce the existing Court Order and compel the Defendant/Mother to follow the Order and not to undermine it. Date_~~ ~oof ) Respectfully Submitted, ~T-f~m'ESQ. 59 Central Boulevard Camp Hill, PA 17011 (717) 236-6491 J.D. # 07182 Attorney for Steven.Hammaker, PlaintiffIF ather CERTIFICATE OF SERVICE I, Herbert Corky Goldstein, Esquire, do hereby certify that a true and correct copy of the Custody Complaint was served by U. S. postal delivery, certified restricted delivery from Harrisburg, P A., Postage-prepaid to the following person: Date Attorney Mary A. Etter Dissinger 28 North 320d Street Camp Hill, PA 17011 VERIFICATION COMMONWEALTH OF PENNSYL VANIA: COUNTY OF CUMBERLAND I, Herbert Corky Goldstein, Esquire, attorney for PlaintifflFather, verifies that this Complaint is true and correct. I understand! that false statements herein are made subject to the penalties of 18 P A. C.S. Section 4904, relating to unsworn falsification to authorities. (GOLDSTEIN, ESQ. Date: ~ ~ d.~ NOV 082004 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3916 CIVIL TERM STEVEN E. HAMMAKER, v. CIVIL ACTION - LAW JOANNE HAMMAKER, IN CUSTODY Defendant HESS, J. --- TEMPORARY ORDER OF COURT AND NOW, this J 2.. th day of November, ~~004, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directe.d as follows: 1. LeQal Custody. The parties, Steven E. Hammaker and Joanne Hammaker, shall have shared legal custody of the minor children, Dalton Hammaker, born May 15, 1991, and Dylan Hammaker, born January 13, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa, C. S. 95309, each parent shall be entitled to all records and infom1ation pertaining to the children including, but not limited to, medical, dental, religious Of school records, the residence address of the children and of 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. 2. Physical Custody. Mother shall have temporary primary physical custody of the minor children subject to Father's rights of temporalry partial custody which shall be arranged as follows: A. Effective November 7,2004, on alternating Sundays from 12:30 p.m. to 6:30 p.m. B. Effective November 13, 2004, on alternating Saturdays from 10:00 a.m. to 6:30 p.m. C. On December 3, 17 and 31, 2004 from Friday after hockey or at 6:00 p.m. until Saturday at 6:30 p.m. D. Effective January 7, 2005, on alternating weekends, from Friday at 6:00 p.m. until Sunday in time for the boys to attend church with Mother. NO. 04-3916 CIVIL TERM E. Effective February 4, 2005, on alternaiting weekends, from Friday at 6:00 p.m. until Sunday at 6:00 p.m. 3. The parties and children shall participate in therapeutic family counseling to address the estrangement that exists between Father and the children. The initial goal shall include the initiation of periods of partial custody with Father with an eye toward expanding these periods of custody as the therapeutic work progresses. The parties will cooperate with the therapist by including significant others in the counseling with the children should the therapist find that it is clinically appropriate to do so. 4. Mother will continue to pay for the unreimbursed medical expenses attendant to the previously commenced individual counseling for the children. In the event the therapist recommends that either parent participate in individual counseling, the parent in individual counseling shall be responsible their own L1nreimbursed medical expenses. Unreimbursed costs of the therapeutic family counselin~1 in Paragraph 3 above shall be shared equally by the parents. 5. The boys shall be able to contact the non-custodial parent by telephone, upon their request. Both parties shall have the right to reasonable telephone contact with the children during the other party's period of custody/visitation. The children may initiate a telephone call to the non-custodial parent upon their request. Neither party shall interfere with the other party's telephone contacts with the children. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the children. 6. Neither party shall do or say anything which may estrange the children from the other parent,' injure the opinion of the children as to thE~ other parent, or hamper the free and natural development of the children's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 7. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensur,e, to the extent possible, that the other household members and/or house guests comp1y with this prohibition. 8. The children shall not be exposed to R-rated or X-rated literature, video games or movies. 9. The parties shall not discuss either parent's sexual orientation outside the therapeutic setting. .. NO. 04-3916 CIVIL TERM 10. The parties shall not discuss adult topics such as custody or child support in the presence or earshot of the minor children. 11. In the event that Father's health insurance pfiDvides for psychological care, he will share information so that the parties may make application to use his benefits if needed. 12. In the event that either party misses two (2) therapy sessions consecutively and does not reschedule, the Custody Conciliation Conference may reconvene upon request of counsel. 13. Neither party shall remove the children from school for reasons other than illness without consent of the other parent. This is specifically intended to apply to vacations or vacations with an educational purpose. 14. Vacation. For the years 2005 and 2006, each parent shall be entitled to two (2) weeks vacation which shall not be taken consecutively. The parties shall provide each other with notice by May 1st of each year. In the event that the parties have arranged conflicting schedules for vacation, the party first providing written notice to the other party shall have choice of the vacation week. Additionally, the vacationing parent shall provide a telephone number and location where they can be reached during the vacation. Summer camp and vacation for the boys shall be arranged so as not to have the children away from either parent for more than one (1) week at atiine. However, beginning in 2007, the vacation weeks may be taken consecutively by the parties' mutual agreement. 15. Holidays. The following holiday schedule shall take precedence over the regular schedule: A. Mother's Day / Father's Day. Mother shall have custody for Mother's Day and Father shall have custody for Fathelr's Day. B. Christmas. Each year, Father shall have custody for Christmas from December 25th at 4:00 p.m. until December 26th at 2:00 p.m. Each year, Mother shall have custody for Christmas from December 24th through December 25th at 4:00 p.m. C. The parties shall and/or alternate the remaining holidays by their mutual agreement. .. NO. 04-3916 CIVIL TERM 16. The parties may modify the terms of this Order by their express mutual agreement. However, in the absence of an agreement, the terms of this Order shall control. BY THE COURT: ~l:t/i[UiIh d ~-ll\]}) Kevin A. He8s, J. Dist: Herbert Corky Goldstein, Esquire, 59 Central Boulevard, Camp Hill, PA 17011 Mary A. Etter Dissinger, Esquire, 28 North 32nd Street, Camp Hill, PA 17011 ~ ~ ~ ',:? t'-.") 0 c~::) C':) .", . -. ~. ~ ~ C) .-1 ., ..,.., rc') i'll c::: c; I ........, _,.,IT' ~. I .: J i:-J \J\ -...l ~ ') L \. - ,( ) ! ,...! "-r ~ ~ -0 i ' ~ C1 , -~. ,~ [ ":,~ (...:;,~11 f0 , I : '~~-_l 'i''t '. ,';\ ~ (.$) I ,.' ~ i (.$) , .~-, ("..l 'f" ,~ - . Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 klZinl!l"ich@dzl!:law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEVEN E. HAMMAKER, Plaintiff/Petitioner v. CIVIL ACTION-LAW ORPHAN'S COURT DIVISION JOANNE HAMMAKER, DefendantlRespondent No. 04-3916 (In Custody) PETITION TO CONSOLIDATE AND NOW, this 30th day of August, 2006, comes Petitioner, Steven E. Hammaker, by and through his attorneys, Daley, Zucker & Gingrich, LLC, and files the following Petition to Consolidate as follows: 1. The Petitioner, Steven E. Hammaker, is an adult individual who resides at 1001 Rupley Road, Apartment 105, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Respondent, Joanne Hammaker, is an adult individual who resides at 313 5th Street, Summerdale, Cumberland County, Pennsylvania 17025. 3. On August 9,2004, the Petitioner, by and through his prior counsel, filed a Complaint in Custody with this Honorable Court, docketed to the above-referenced number. 4. On August 24, 2006, the undersigned counsel, currently representing Petitioner in his domestic matters, filed a Complaint for Partial Custody with this Honorable Court, docketed to No. 06-4948, unaware that a prior custody action had been filed in this matter. 5. In an attempt to avoid having duplicative dockets related to custody, Petitioner requests that all entries under Docket No. 06-4948 be consolidated under the existing Docket No. 04-3916. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order directing all entries under Docket No. 06-4948 be consolidated under the existing Docket No. 04-3916. All future filings in this custody action shall be docketed under Docket No. 04-3916. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC ~ 3D, WOS- By: J{~~- ~~ Kathleen Misturak-Gingrich, Esquire Attorney l.D. No. 41682 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Petitioner o c: -~ ?:: r)'1;' , ;;.::- . ;: :lJ -' J": ~;7 . ..",:" /- p.~ ::;! If4. ~1.,qq4~ "" = '::::::. "'" :1?>" c::: C-, w o ~ :r m:!l -elF;; "l r:; aT ,;,\S~? ;1-- -r't ;.)c) om -, ~ -< "'" ~ <:-? Ul -..J 1..~ ,. Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 kgingrich@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA STEVEN E. HAMMAKER, Plaintiff/Petitioner CIVIL ACTION-LAW v. JOANNE HAMMAKER, Defendant/Respondent / No. 04-3916,06-4948 (In Custody) PRAECIPE TO WITHDRAW PETITION TO CONSOLIDATE TO THE PROTHONOTARY: On behalf of the Plaintiff/Petitioner, please withdraw the Petition to Consolidate in the above-captioned case. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date:----.f / { ? -0 ~ By: ,~~~~~. Kathleen Misturak-Gingrich, Esquire Attorney J.D. No. 41682 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Petitioner .. - CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this 13- day of ~, 2006, a copy of the foregoing Preacipe to Withdraw Petition to Consolidate was placed in the United States Mail, Postage pre-paid, addressed as follows: Mary A. Dissinger, Esquire DISSINGER AND DISSINGER 400 South State Road Marysville, PA 17053 Date: Q , /1- iJLE cJj -;- ;"~'\-?- ( >~,