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HomeMy WebLinkAbout05-2033Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. C c.'? CIVIL ACTION - LAW IN DIVORCE ( CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims se forth in the following pages, you must take prompt action. You are warned that if you fail tc do o the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief req ested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the you may request marriage counseling. A list of marriage counselors is available in the Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRAI` YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU I NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL' NO. ().'5--,2v33 C,- ? CIVIL ACTION - LAW IN DIVORCE / CUSTODY COMPLAINT 1. Plaintiff is Joshua R. Hamilton, an adult individual residing at 110 North Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Krista M. Hamilton, an adult individual residing at 110 Enola Drive, Enola, Cumberland County, Pennsylvania 17025. Defendant is temporarily a patient 4t Holy Spirit Mental Health. 3. Both Plaintiff and Defendant have been bona fide residents in the Pennsylvania for at least six (6) months prior to filing this complaint. 4. Pennsylvania. 5 The Plaintiff and Defendant were married on September 11, 2004 in Perry There is one (1) minor child born of this marriage: Taylor Marie Hamilton, of June 3, 2004. 6. The parties separated on April 18, 2005. 7. There have been no prior actions for divorce or annulment between the 8. Neither Plaintiff nor Defendant is in the military or naval service of the Unite States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 1940 to 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complant are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign property between the parties in such proportion as the Court deems just after relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in with Section 401(d) of the Pennsylvania Divorce Code. COUNT III CUSTODY COMPLAINT 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are herein by reference thereto. 15. Plaintiff seeks shared legal and physical custody of the following children: NAME PRESENT RESIDENCE Taylor Marie Hamilton 110 North Enola Drive 6!312004 Enola, PA 17025 of all 16. The child is presently in the custody of Father who is currently residing at 11gNorth Enola Drive, Enola, Cumberland County, PA 17025. As of April 20, 2005, Father will be rending at 213 West Dauphin Street, Enola, Cumberland County, PA 17025 for a period often to elevet days, while Mother resides at the marital home before being incarcerated. Upon Mother's Father will relocate to the marital home, 110 North Enola Drive, Enola, Cumberland 17025. 17. Since the child's birth, she has resided with the following persons at the fi addresses: DATES ADDRESSES 6/3/2004 to 186B South Fifth Street Father and Mo 1/5/2005 Columbia, PA 17512 (Fire) 1/5/2005 to 213 West Dauphin Father, Mother, 1/31/2005 Enola, PA 17025 Mother and Fa Father's brothe and Kalei Ham 1/31/2005 to 110 North Enola Drive Father and Mot 3/17/2005 Enola, PA 17025 3/18/2005 to 110 North Enola Drive Father, Mother 4/17/2005 Enola, PA 17025 Father's brother, Hamilton, Rodr girlfriend, Angi Robinette, and . son, Anthony I 4/18/2005 to 110 North Enola Drive Father, Father's Present Enola, PA 17025 Rodney Hamilt Rodney'sgirlfier Robinette, and son, Anthony J PA Adam s Angie it;ie's 18. The Father of the child is Joshua R. Hamilton, currently residing at 110 Nortq Enola Drive, Enola, Cumberland County, PA 17025. 19, The Mother of the child is Krista M. Hamilton, currently residing at 110 N Drive, Enola, Cumberland County, PA 17025. The parties are currently married to each other. 20. The relationship of the Plaintiff to that of the child is that of Father. The currently resides with the following persons: NAME Rodney Hamilton Angie Robinette Anthony Jones RELATIONSHIP Brother Brother's girlfriend Brother's girlfriend's 21. The relationship of the Defendant to the child is Mother. The Defendant resides with the following persons: NAME Rodney Hamilton Angie Robinette Anthony Jones RELATIONSHIP Brother Brother's girlfriend Brother's girlfriend's 22. Plaintiff has not participated as a party or witness, or in another capacity, in litigation concerning the custody of the child in this or another court. 23. The Plaintiff has no information of a custody proceeding concerning the Enola pending in any court of this Commonwealth. 24. 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 child. 25. The best interest and permanent welfare of the child will be served by granting legal and physical custody. Defendant has severe alcohol and psychological problems which her care and supervision of the child. Plaintiff can provide a stable, loving environment. 26. Each parent whose parental rights to the child have not been terminated and who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and physical custody to the Plaintiff. WHEREFORE, Plaintiff, Joshua R. Hamilton, prays this Honorable Court to enter A. Awarding Plaintiffa decree in divorce; B. Equitably distributing the marital property; C. Awarding legal custody and physical custody of thrrspff s' child to D. Awarding other relief as the Court deems just e1 Dated: 12005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 child and Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVi NO. CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and may request that the Court require that my spouse and 1 participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Section 4904 relating to unsworn falsification to authorities. Dated: ?g 5 12005 9? J UA R. HAMILTON that I and I C.S.A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff' CUMBERLAND COUNTY, PENNSYLV/ V. : NO. KRISTA M. HAMILTON, CIVIL ACTION -LAW Defendant IN DIVORCE ( CUSTODY VERIFICATION I, JOSHUA R. HAMILTON, hereby certify that the facts set forth in the COMPLAINT IN DIVORCE ( CUSTODY are true and correct to the best of my information and belief. I understand that any false statements made herein are subject to 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated:? 12005 R. HAMILTON of 6 \V s c? cn "? rill j(J r ? v r JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA M. HAMILTON DEFENDANT 05-2033 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, April 25, 2005 , _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at DJ Monlove's, 1901 State St., Camp Hill, PA 17011 on Friday, June 03, 2005 at 9:00 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 ave 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 prior to scheduled hearing. FOR THE COURT, By:_ /s/ Melissa P. Greevy Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inforniation 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 " u??f /`t? 5f h Alp-,.,fit/ d?l?GL, ?1 S?`' h r_. X17 J ? ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY PETITION FOR EMERGENCY RELIEF 1 2. 3 4. Petitioner is Plaintiff, Joshua R. Hamilton, an individual residing at 110 North Enola Dive, Enola, Cumberland County, Pennsylvania 17025. Respondent is Defendant, Krista M. Hamilton, an individual residing at 8 East Pine Street, Enola, Cumberland County, Pennsylvania 17025. This is the residence of Respondent's Father. Petitioner and Respondent are the natural parents of one (1) minor child, Taylor Marie Hamilton, born, June 3, 2004. A custody action was filed in this matter by Petitioner on or about April 19, 2005, to confirm primary physical custody of the child in him. A Conciliation is scheduled for June 3, 2005. (A copy of the Complaint is attached hereto as Exhibit "N' for ease of reference.) 5. Petitioner had primary custody of the child because Respondent was an inpatient in the Holy Spirit Hospital for the period of Sunday, April 17, 2005, through Friday, April 22, 2005. 6. Respondent was suicidal and was experiencing significant psychological and mental health issues. 7. This April, 2005 hospitalization was Respondent's third hospitalization since January of 2005. 8. Also, Respondent had a history of drug and alcohol abuse. Respondent had a prior driving under the influence charge in or about 2003. 9. Presently, Respondent has criminal charges pending against her related to general impairment, drinking under the influence, reckless driving and endangering welfare of children. 10. These charges arose out of a vehicle accident in December 15, 2004, wherein she 2 was driving a motor vehicle while under the influence of alcohol and while she had the minor child with her. Respondent drove the vehicle into a house and ran from the scene. The police later apprehended her and removed the infant from her custody. The child was placed with Petitioner. (Copies of charges are attached hereto as Exhibit "B" and incorporated herein.) 11. Petitioner believed that Respondent was going to be incarcerated on Wednesday, April 27, 2005, but this did not occur. Contact with the District Justice and Clerk of Courts for Lancaster County indicate waivers of the preliminary hearing and arraignment with a trial date scheduled for July, 2005. 12. Respondent is further under present investigation for child abuse of another child which had resided with the parties and their daughter. 13. That child was severely beaten by Respondent about the buttocks for misbehaving. A picture of the injured child is attached hereto as Exhibit "C." Petitioner is unaware of the status of that review. 14. Respondent has previously indicated her intention to give primary custody to Petitioner. 3 15. Petitioner had attempted to allow Respondent supervised access to the child at his home on Sunday, May 1, 2005, at around 7 p.m. Respondent was aware that she was not to take the child from the home. Petitioner intended to offer additional periods of supervised visitation until the conciliation. 16. Respondent came to the visitation with her brother at Petitioner's house. After holding the child briefly, Respondent threw the diaper bag to her brother and attempted to leave the house. Her brother blocked the doorway and Petitioner's access to the child and Respondent's Father pulled up about one half a block away. Respondent's Father threw the Petitioner against the car and onto the ground. Respondent then left with the child in her Father's car without restraining the child in a car seat as required by law. 17. Due to lack of a present custody order, the local Police were not able to assist the Petitioner to regain custody of the child. 18. Petitioner fears for the safety of his child and requests immediate return of her to him. Petitioner does not believe that Respondent is psychologically stable to care for a child. 4 19. Respondent has demonstrated an inability to care for the child in the past and to provide a safe environment. These episodes have included, but are not limited to: a. While Respondent was intoxicated, she took the child outside in the winter in the nude; b. Respondent fell onto the child while she was in her swing; C. Respondent has not provided appropriate care and stimulation for the child and leaves her in a crib for extended hours. 20. Petitioner is willing only to offer supervised visitation for Respondent in an institutionalized setting (such as YMCA, etc.) until a conciliation and further Order of Court. WHEREFORE, Petitioner requests immediate return of the child to his custody. Respectfully s Dated: May 2, 2005 Barb nple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 5 gxhibit A JO?HUA R. HAMILTON PLAINTIFF V. KRI[STA M. HAMILTON DFFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2033 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT ?ND NOW, Monday, April 25, 2005 , upon consideration of the attached Complaint, it is herby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at bJ Manlove's, 1901 State St., Camp Hill, PA 17011 _ on _ Friday, June 03, 2005 at 9:00 AM T for a P4Hearmg Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. 11 children age five or older may also be present at the conference. Failure to appear at the conference may provide rounds for entry of a temporary or permanent order. court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Specialtelief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, B_v: /s/ Melissa P. Gree Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations avail ble 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 conf rence 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 FOR H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-j1b4. In Testimony Ch FROM RECORD and the seal of here unto set my hand said Court at Carlisle, pa This ?s ............... day - 4-4 - Prothonotary Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PET NO. 05 .)6S 3 CIVIL ACTION - LAW IN DIVORCE / CUSTODY >' 5 ra :, NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court . A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY DOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R.. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0S <,10 3 _'3 CIVIL, ACTION - LAW IN DIVORCE / CUSTODY COMPLAINT 1. Plaintiff is Joshua R. Hamilton, an adult individual residing at 110 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Krista M. Hamilton, an adult individual residing at 110 North Enola Drive, Enola; Cumberland County, Pennsylvania 17025. Defendant is temporarily a patient at Holy Spirit Mental Health. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. Pennsylvania. 5 i3, 2004. The Plaintiff and Defendant were married on September IT, 2004 in Perry County, There is one (1) minor child born of this marriage: Taylor Marie Hamilton, born June 6. The parties separated on April 18, 2005. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through I 1 of Plaintiffs Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III CUSTODY COMPLAINT 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff seeks shared legal and physical custody of the following children: NAME PRESENT RESIDENCE DATE OF BIRTH Taylor Marie Hamilton 110 North Enola Drive 6/3/2004 Enola, PA 17025 16. The child is presently in the custody of Father who is currently residing at 110 North Enola Drive, Enola, Cumberland County, PA 17025. As of April 20, 2005, Father will be residing at 213 West Dauphin Street, Enola, Cumberland County, PA 17025 for a period often to eleven days, while Mother resides at the marital home before being incarcerated. Upon Mother's incarceration, Father will relocate to the marital home, 110 North Enola Drive, Enola, Cumberland County, PA 17025. 17. Since the child's birth, she has resided with the following persons at the following addresses: DATES ADDRESSES NAMES OFPERSONS IN HOUSEHOLD 6/3/2004 to 186B South Fifth Street Father and Mother 1/5/2005 Columbia, PA 17512 (Fire) 1/5/2005 to 213 West Dauphin Father, Mother, Father's 1/31/2005 Enola, PA 17025 Mother and Father, Father's brother, Adam and Kalei Hamilton 1/31/2005 to 110 North Enola Drive Father and Mother 3/17,2005 Enola, PA 17025 3/18/2005 to 110 North Enola Drive Father, Mother 4/17/2005 Enola, PA 17025 Father's brother, Rodney Hamilton, Rodney's girlfriend, Angie Robinette, and Angie's son, Anthony Jones 4/18/2005 to 110 North Enola Drive Father, Father's brother Present Enola, PA 17025 Rodney Hamilton, Rodney's girlfriend, Angie Robinette, and Angie's son, Anthony Jones 18. The Father of the child is Joshua R. Hamilton, currently residing at 110 North Enola Drive, Enola, Cumberland County, PA 17025. 19. The Mother of the child is Krista M. Hamilton, currently residing at 110 North Enola Drive, Enola, Cumberland County, PA 17025. The parties are currently married to each other. 20. The relationship of the Plaintiff to that of the child is that of Father. The Plaintiff currently resides with the following persons: NAME Rodney Hamilton Angie Robinette Anthony Jones RELATIONSHIP Brother Brother's girlfriend Brother's girlfriend's son 21. The relationship of the Defendant to the child is Mother. The Defendant currently resides with the following persons: NAME Rodney Hamilton Angie Robinette Anthony Jones RELATIONSHIP Brother Brother's girlfriend Brother's girlfriend's son 22. 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. 23. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth. 24. 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. 25. The best interest and permanent welfare of the child will be served by granting Plaintiff legal and physical custody. Defendant has severe alcohol and psychological problems which prevent her care and supervision of the child. Plaintiff can provide a stable, loving environment. 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant legal and physical custody ofthe child to the Plaintiff. WHEREFORE, Plaintiff, Joshua R. Hamilton, prays this Honorable Court to enterjudgment: A. Awarding Plaintiffa decree in divorce; B. Equitably distributing the marital property, C. Awarding legal custody and physical custody of the s' child to Plaintiff, and D. Awarding other relief as the Court deems just r s e. Dated: 2005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #132317 549 Bridge Street New Cumberland, PA 17070 JOSHUA R. HAMILTON, Plaintiff v. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U S - ,_; 03 3 CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of IS Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: 117 6 5 2005 kjt J UA R. HAMILTON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V, KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. US ,? V j CIVIL ACTION - LAW IN DIVORCE / CUSTODY VERIFICATION I, JOSHUA F. HAMILTON, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE / CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 8 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. v a 2005 SHUA R. HAMILTON ?IBiT s ?+' J N m C 3co ° a o a 3 ° m ,i t• c 7'a 3 a `rti m o a s m m 3 C O ?? m r f c, .4., w H ?. N cron cCD .. 0 3 3 °?N' ?o H m ro ° ro o 0 (D -ED Z ca w C-- CD 0 'CD Z H .., i JO 3 m w ..C CD 0. n 't44 /,o a. -r3 0 0 ID CD Goa .? _,ro? ?wSd y o C m - .y. o ?.Cv 3 O?Oc t"? 3 o Z Q eaR . All _ Sti 3 ° °° t' ?' a l7J 0 0 N o ti aP. ° ?`? m biW,r]° y . x o.. ? w Hto 0 5 n wo` pm l o C, ym? n?cfl Al) 0 tP 00 o F""`n N °o H g ' n b x ?1 `` to r3?3 S w `Ar{1O m Z 0 to m o 0 3 Ct? cc?s ?.,, 'E?r,y °- Yc? Y °zkn? r n ? ?? yw? y N rL o d y w y w C1 O W to w Y w (11 N "° y r W Y N 3 r3 c, IR, v a o s v t? D ?OryT Q, NSU .Hy ° min m 3o c o M ° Ln ID <0 C? ED In n ° a m 3 Q S p D \ _ iN rn CD -e K g ?- 'fD p o no w ° 5 o N z c Z) o ? 31 <n c C) ° m 3 n m m m ro o o" o_ _ n 00 ° N Z ?? C? w ro-o m a m o m o T? w o o ?" C tri m 9 m o. o. v co in Z` S c a m w o is Q m n m Z m m ° =' t cn N O= g ° u? a o m m R' m° ° w m n 3 n T m w t w o 3 z m m c a 3 C p a -o m o S I p Z m z -n o w °- ° w co p rn N co m. ° 3 -+ 7 7 Z p. N D, Q f1 O 6 ¢ Z m 3 CC a G EA O j W S O T C? ?; cL p v? ?.a? m m Fn tan Z' Z C'1 p o ° fl' ? ° S m fn m tH"' m ,Oy c 3 N m m ? ?o°?? o ?5a w O ? Z ?nY mwo c°-m o emu CD C? N M 7111 < < OT g Cw O 0 o N a w ra. N < m o m 3 7 > td7N.,. n m m d- fo+`, D )> N rn o O D) C? H Z a w a N 3. of m,=C a °' v o Qo c tj a 1' S o Z w 0?03 c w°, o_ y u O g w o° m N .<, ° to ?- C nmc3. 7 P? K N ? SU_K !P 0 z na WARRANT OF ARREST 0 ADDITIONAL CHARGES Mag. Dist. No.: 02-1-03 - & _w d OTN: K 068349-1 i. Defendant Name: HAMILTON, KRISTA M Rho CR-0000002-05 (CONTINUED) S 75 §3802 §§A1* GENERAL IMPARIMENT-INCAPABLE OF SAFE DRIVING S 75 §3802 §§E* DRIV. UNDER THE INFLUENCE-MINORS UNDER 21 S 75 §3743 §§A ACCIDENTS INVOLVING DAMAGE T© ATTENDED VEHICLE S 75 §3744 §§A DUTY TO GIVE INFORMATION AND RENDER AID S 75 §3736 §§A RECKLESS DRIVING S 18 §4304 §§A ENDAGERING WELFARE OF CHILVREN -77 P A732-03 PRINTED: 2/10/05 9:04:51 AM S's W e v-, PAGE 1 NWEALTH OF PENNS*NIA 'OF: LANCASTER No.: 02-1-03 MDJ Name' Hon. ROBERT A. BERMAN, JR Add,ess 341 CHESTNUT ST COLUMBIA, PA ra?epnone: (717) 684-2761 17512-1156 A M. HAMILTON S. 5TH ST BIA, PA 17512 NOTICWF CONTINUANCE COMMONWEALTH OF PENNSYLVANIA vs. DEFENDANT: NAME and ADDRESS FAMILTON, KRISTA M 186B S. 5TH ST COLUMBIA, PA 17512 -1 L J F et No.: CR-0000002-05 Filed: 1/04/05 K 068349-1 note that the hearing in the above captioned case, which was scheduled to occur on: 2102105 C in continued to: +, +•, .•+ I , ,u.c.aaalAit.i <VVii V6-.L-U3 341 CHESTNUT ST 2:30 PM COLUMBIA, PA 17512-1156 If yju have any questions, please contact this office immediately. requested by: HAMILTON, KRISTA M If you are disabled and require assistance, please contact the Magisterial District office at the address above. 3/01/05 Date My ommission expire; COMPLAINT NUMBER: DATE PRINTED: 3/01/05 2:49:43 PM OPC 616-05 DATE COMPLAINT SIGNED: 1/04/05 Judge MA11 swim 1 0 • OTN x 068349-1 MDJ No: 02-1-03 Date of Charge(s): 12/15/04 CC No: MDJ Docket No: CR-0000002-05 Commonw e Ith vs. (Defendant Name and Address) NEXT COURT ACTION Date/ Time/ Location 30PM 17/05 2 3 HAMILT SRISTA M : / 341 CHESTNUT ST 186B S . 5TH ST COLUMBIA, PA 17512-1156 COLUMB A, PA 17512 S 75 $3802 55C* DRIVING UNDER THE INFLUENCE CHARGE( ): S 75 53802 SSA1* GENERAL IMPARIMENT-INCAPABLE OF SAFE DRIVING S 75 53802 55E* DRIV. UNDER THE INFLUENCE-MINORS UNDER 21 ADDITIONAL HARGES MAY EXIST. PLEASE SEE ADDITIONAL CHARGES PAGE.' TYPE(S) O RELEASE: ? ROR Z Unsecured Bail ? Nonmonetary Condition(s) (see additional page(s)) ? Nomin Bail ? Monetary Condition(s) in the amount of $ THE CONDIT I NS OF THIS BAIL. BOND ARE AS FOLLOWS: 1. The defend nt must appear at all times required until full and final disposition of the case. 2. The defend nt must obey all further orders of the bail authority. 3. The defend nt must give written notice to the bail authority, the clerk of courts, the district attorney, and the court bail agency or other designated court bail officer, of any hange of address within 48 hours of the date of the change. 4. The defend nt must neither do.. nor cause to be done, nor permit to be done on his/her behalf, any act as proscribed by Section 4952 of the crimes Code (relating to int midation of witnesses or victims) or by Section 4953 (relating to retaliation against witnesses or victims), 18 Pa.C.S. §§ 4952,4953. 5. The defen nt must retrain from criminal activity. TYPES O SECURITY: ? Cash/ Equivalent ?Gov't Bearer Bonds ? Realty w/in Commonwealth ? _% Cash ? Surety Bond ?. Realty outside Commonweatth_ TOTAL A OUNT BAIL SET (IF ANY): $ 3,000.00 , (she sureties page) his bond is valid for the entire proceedings and until full and final disposition of t e case including all avenues of direct appeal to the Supreme Court of Pennsylvania. I AGREE TH T I WILL APPEAFFff AT ALL SUBSEQUENT PROCEEDINGS AS REQUIRED AND COMPLY WITH ALL THE CONDITIONS OF THE BAIL BOND. r THIS BOND SIGN OIvI PENNSYLVANIA Signed and acknowledged bef4e me this (Signature of Detentlant) s t' day of (SEAL) JUDGE OR ISSUING AUTHORITY DATE BEEN", JR, ROBERT A 3/01/05 My commission expires first Monday of January, 2010 PLEASE SEE ATTACHED PAGES FOR ADDITIONAL INFORMATION. AOPC 414A1-o5 PRINTED: 3/01/05 2:50:16 PM SURETY INFORMATION PAGE OTN ' CC No, K 068349-1 MDJ No: 02-1-03 Date o harge(s): 12/15/04 "-MDJ.DocketNo: CR-0000002-05 Common ealth vs. (Defendant Name and Address) NEXT COURT ACTION Date/ Time/ Location SAKI TON, KRISTA M 3/17/05 2:30PM 341 C33ESTNUT ST 186E S. 5TH ST ^ COLUMBIA, PA 17512-1156 COL IA, PA 17512 , the undersigned surety, have posted security in the amount of $ TYPES( ? Cash jointly court and shall be j shall rem, may be r( empower time, and and in fav of record ( and costs. amount cc in this passed in BAIL ? Gov't Bearer Bonds ? Realty wlin Commonwealth ? Surety Bond ? Realty Outside Commonwealth e read this information, and I acknowledge that I, my personal representatives, successors, heirs and assigns are severally bound with the defendant and any other sureties to pay to the Commonwealth of Pennsylvania the sum of 000.00 which is the full amount of the monetary condition of release in the event the bail bond is forfeited. erstand that when a monetary condition of release is imposed, if the defendant appears at all times required by the atisfies all the other conditions set forth in the bail bond, then upon full and final disposition of the case, this bond d. If the defendant fails to appear as required or to comply with the conditions of the bail bond, then this bond f in full force, and the full sum of the monetary condition of release may be forfeited, the defendant's release )ked, and a warrant for the defendant's arrest may be issued. IT OF ATTORNEY: RECOGNIZING THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS, JG THE RIGHT OF PREJUDGMENT NOTICE AND HEARING, in accordance with the law, I do hereby 1y attorney of any court of record within the Commonwealth of Pennsylvania or elsewhere to appear for me at any ith or without declarations filed,. and whethgr or not the defendant P6 ig default, to cWlfess judgment against me. of the Commonwealth of Pennsylvania-IV ?se of the county` and its"assigns, during any term or session of a court the county for the full amount of the monetary condition of release set forth on the first page of this bail bond, understand that any real estate which I have posted as security in this case may be levied upon to collect the fessed. I waive and release any right of inquisition on that real estate, voluntarily condemn it, and authorize the y, upon a Writ of Execution, to enter my voluntary condemnation. I also agree that any real estate posted by me may be sold on a Writ of Execution. I hereby forever waive and release any and all errors which may arise in any to confess judgment in this case, waive all rights of stay of execution, and waive all laws now in force or laws ie future which exempt real or personal property from execution. Sinc a copy of this bail bond and warrant of attorney is being filed in the defendant's case, it shall not be necessary to file the o iginal as a warrant of attorney, notwithstanding any law or rule of court to the contrary. read this instrument carefully and know that it is true and correct. HAMiILTON, KRISTA M 186E S. 5TH ST COLUMBIA, PA 17512 signed in Bring Cash I i swo?n (affir/metll arpd subscribe before me /t this (JI day My commission expires first Monday of January, 2010 bail (less any bail related fees or commissions allowed by law and reasonable costs, if any, of the cash bail program) will be made within 20 days after full and final disposition. (Pa.R.Crim.P. 535) Receipt to Clerk of Courts or Issuing Authority. x (Address of Surety, Surety Company or Defendant) AOPC 414A5-05 PRINTED: 3/01/05 2:50:16 PM BAIL BOND ADDITIONAL CHARGES Mag. Dist. No.: 02-1-03 A taw OTN: & 068349-1 :ndant Name: 4 ss 4 KILTON, SRISTA M CR-0000002-05 (CONTINUED) 75 §3743 §§A ACCIDENTS INVOLVING DAMAGE TO ATTENDED VEHICLE 75 §3744 §§A DUTY TO GIVE INFORMATION AND RENDER AID 75 §3736 §§A RECKLESS DRIVING 18 §4304 §§A ENDAGERING WELFARE OF CHILDREN .i- A732-03 PRINTED: 3/01/05 2:50:28 PM 1 0 • ''3'/0 /OS DISTRICT JUSTICE SYSTEM 02- -03 COMMONWEALTH OF PENNSYLVANIA CR- 000002-05 COMMONWEALTH OF PENNSYLVANIA PAGE 1 SURETIES B IL BOND VS SET AMOUNT $ 'HAMILTON, KRISTA M SURETIES UREfY SURETY SECURITY POSTED TYP TYPE AMOUNT DEFT HAMILTON, KRISTA M NON POSTING SURETY 1 a 3,000.00 PRINTED: 3/01/05 2:50:16 PM i4 i VxV1IBI`T C 1 . • . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY VERIFICATION I, JOSHUA R. HAMILTON, hereby certify that the facts set forth in the foregoing PETITION FOR EMERGENCY RELIEF are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 118 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. r ?. r Dated: 1 f)?, 2005 J HUA R. HAMILTON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2033 KRISTA M. HAMILTON, CIVIL ACTION -LAW Defendant IN DIVORCE / CUSTODY CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Petition for Emergency Relief in the above- captioned matter upon the following individual(s) by Certified Mail, Restricted Delivery, Certificate No. 7003 0500 0001 6561 5447, postage prepaid, addressed as follows: Ms. Krista M. Hamilton 8 East Pine Street Enola, Pennsylvania 17025, DATED: May 2, 2005 New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. No. 32317 Barbara Sample-Sullivan, Attorney for Petitioner 549 Bridge Street O ti w ? N < 4 . ?'; /? 1t { l__? T (?tea I-Al 0 Barbara Sumple-SLdlivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce/Custody in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 5409, Return Receipt Requested, on the above- named Defendant, Krista M. Hamilton, on April 25, 2005 at Defendant's last known address: 00 North Enola Drive, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. Dated: April 26, 2005 van, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff CERTIFIED MP (Domestic Mail Only, Ni J A` PA 17025 ENN ui . .n Postage $ M C3 Certified Fee $2.30 { C3 C3 fletum Redept Fee 51.75 ..t (Endorsement Requked) ° ReSrdctedDelivery Fee S3.50 " O (Entlorzment Required) ° Total Postage & Fees $ 48.3E M C3 ent T. r`- orrreet. APt. NO.; ar P08ox Na. 77O ----------------- CO, Stare, OPtd G &,;,I A Pa i?ta2S ¦ Complete items 1, 2, and 3. Also complete Nam 4 iffl9g9icted Delivery is desipd. ¦ PrW your name and address on the reverse so that we can return the card to you. ¦ Athch this card to the back of the mailpiece, or on the front N space permits. 1. Article Addressed ft i (1(tR b. s M, i-AM I M)M I? Noaki o4c1? X Here ? 4 S. Reo&%Vd by (PAMed Nomye).. I C. Date of oovery Krlsm= M Is delivery addMes dtifererd from Item 17 13 Yen If YES, order dellvxy address Wm: 0 No / 01 7(64 rn m'. 5 l7 boo Pt for MMawhrrdin ??'A?E?ST rod, vu IED 0 Inauretl Mail O. . 4. Reaaicted DelHery7 0" Fee) (,Yea 2. Ankle Number a1 7003 0500 0001 6561 5409 ?seMCa beel!_ 9=3 811, Auwmt toot Demeeae Rehan wnt,e farws4*W1ew Exhibit "A" C:) -rf s -ys TS f`)L: l3 C'J :t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-2033 CIVIL ACT10N - LAW IN DIVORCE / CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Notice of a Custody Conciliation in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 5430 Return Receipt Requested, on the above- named Defendant, Krista M. Hamilton, on April 27, 2005 at Defendant's last known address: 110 North Enola Drive, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: April 29, 2005 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff U a Postal O rn CERTIFIED MAIL,,, RECEIPT ? (Domestic Ln ENIXA PA `17025 Ln Postage s $0.37 r3 Certified Fee C9 O Ratm Ret Fee c $1,75 tD (Ersfl uired) ?a G ° Rosfnttetltlorsement Oeiivery Fee (En Requiratl) $3.50 i ? a oj j o-99't ° TOW Postage & Fees $ $7,92 04/2 m ° o sent o ty)6 Ic vu's-1 A M -- . b l cirn I L -1-b N r` Sfiee(ApCNO------------------------------ 11 R i? ------------ --- ?,y.srete.z,P,<CNoIA ?? --------------------- ---------- PS - ras - 3800, J.. 2002 t o, ¦ ,omr t, 2. and 3. Also "Osta item 4 it Restricted Delivery is desired. ¦ print your name and athe ddress 0 to y-- - so that we can return • Attach this card to the back of the mailpiece, or on the front it space permits- t. Article Addre9eed to: C tS k rugA rn +Nam 1 r_i fJ )/ 0 Nox 41 CAJOLA D?. tt4cL-ARUT- ROW 2. Article Number (ft"f rfrom aewce lbw PS Form 3811, &OM 2001 DELIVERY A- Signature ix S. Rec&W by D. Is dew" address different hum item l7 u ras it YES, enter delivery address below' No Service Type Man arceAgbd map ??.t Expreea ? Regbtered Return Receipt for Mercrls" ? kmmd Mail 0 C.O.D. 7003 0500 0001 6561 5430 10259602-M-1510 EXHIBIT "N' ? ?? - c , ?. : -?? ?;:. . - ,? ? ? _- N , ?? . W ?= ?' ?_ c ;?? - _ : . "' JOSHUA R. HAMILTON, PLAINTIFF V. KRISTA M. HAMILTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2033 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2005, a hearing on the within petition for special relief shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 10:30 a.m., Friday, May 6 By the. C6urt, Edgar B. Bayley, J. ,/Barbara Sumple-Sullivan, Esquire For Plaintiff .?Krista M. Hamilton, Pro se 8 East Pine Street Enola, PA 17025 J :sal ? ,Q_6 05-0 l t qW "5 Hv ( heVV C V n?w.LV.1 J 4. "0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. I KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 2033 CIVIL ACTION - LAW CUSTODY STIPULATION REGARDING CUSTODY AND NOW this 4`h day of May, 2005, comes Plaintiff, Joshua R. Hamilton and Defendant, Krista M. Hamilton, and asks the court to enter a custody order in accordance with the agreed upon terms. 1) The parties shall share legal custody of their child, Taylor Marie Hamilton (DOB: ,June 3, 2004). 2) Plaintiff, Joshua R. Hamilton shall have primary physical custody of the child and (Taylor shall remain in the custody of her father residing at 110 North Enola Drive, Enola, (Cumberland County, Pennsylvania 17025. 3) Until further order of court, Defendant shall have visitation with the child as follows: a) Each and every Saturday and Sunday; and b) Such other times as the parties arrange and agree. 4) Defendant agrees that she will not remove the child, Taylor Marie Hamilton, from the residence of 110 North Enola Drive, Enola, Cumberland County, Pennsylvania unless specific permission is granted by Plaintiff. 5) The parties agree that this Stipulation shall be entered as an Order of Court. The Emergency Relief Petition scheduled for Friday, May 6, 2005 before the Honorable Edgar B. Bayley will be cancelled. It is further agreed that the Custody Conciliation scheduled for Friday, Tune 3, 2005 will also be cancelled. The parties, intending to be legally bound, do agree to the above and to entry of a court order, incorporating the terms of this Agreement. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: n? hua R. Hamilton ) b(( ? dewy t is - Krista M. Hamilton 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff v. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this -,:? day of /V2005, upon consideration of the attached Stipulation for Custody and on motion Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Joshua R. Hamilton, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated May 4, 2005 are adopted as an Order of Court. BY THE COURT, Judge ob j t-l"I S-Uoz Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Petition for Emergency Relief in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 5447 Return Receipt Requested, on the above-named ,Defendant, Krista M. Hamilton, on May 3, 2005 at Defendant's last known address: 8 East Pine (Street, Enola, PA 17025. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn Dated: May 5, 2005 authorities. ?ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff .R Eta PA_171325 age $ Fee p RFee (Endorred) lRequired) p Res triFee (Endorred) ul p $ Total ees M M Sent Ta rvo _ ot-1 -- '6-z, $1.75 $3.50 $9.30 _?'I_ ? ? S?l2r?I[T ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery is desired. 'ant ¦ Print your name and address on the reverse X Addressee so that we can return the card to you. S. Received by (Printed Name) O,De)e ofp??«Y ¦ Attach this card to the back of the mailpiace, S/ J? a or on the fro r ? D. b deMrary eddresa dlRerent flan Item 11 ? Yea 1. Article Mdrease ,0.. if YES, enaw deliveryaddress bed": INAO D12" RY U 61177/IA i` &7X7' 3. 'li'ps AI n fled Mall C3 DcMM Mail Lk 70A / ?? j*?2 DRegistered MrRetum Race" for Merchandise ? Inaured Mail 0 C.O.D. 2. Article Numbw 7003 0500 0001 6561 5447 Mansfer nom service labeq PS Form 8811, August 2ow Domestic ReMn Realpt 102595-1#-W ISO EXHIBIT "A" ?, -i ; i_ -'.71? - -'t- fl'I (: Ian _: 57 C '. (' ' - . I 1 ?? .. RECEIVED MAY 12 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2033 CIVIL TERM V. KRISTA M. HAMILTON, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 10`h day of May, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE Melissa Peel Greevy, Esquire Custody Conciliator :250412 t .. ? ? 1; -. [i+ J.,. i J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 2033 CIVIL ACTION -LAW CUSTODY STIPULATION REGARDING CUSTODY AND NOW this IL day ofW2008, comes Plaintiff, Joshua R. Hamilton and Defendant, Krista M. Hamilton, and asks the court to enter a custody order in accordance with the agreed upon terms. WHEREAS WHEREFORE, the parties are the natural parents of one minor child, Taylor Marie Hamilton (DOB: June 3, 2004); WHEREFORE, the parties previously entered into an agreement dated May 4, 2005, which was entered as an Order of Court dated May 5, 2005; WHEREFORE, presently, the parties desire to modify paragraphs 2 and 3 of the Order of Court dated May 5, 2005 and have agreed upon a schedule for the holidays; WHEREFORE, the parties desire this modified parenting plan be entered as a Court Order; NOW THEREFORE, the parties, intending to be legally bound, do agree as follows: 1) Paragraph 2 of the Order of Court dated May 5, 2005 shall read: 2) The parties shall share physical custody of the child on an alternating week basis as follows: a. Mother shall have physical custody of the child from after school or daycare each Monday to Wednesday morning to school or daycare; b. Father shall have physical custody of the child from after school or daycare each Wednesday to Friday morning to school or daycare; c. The parties shall alternate weekends which shall be from Friday from school or daycare to Monday morning to school or daycare. 2) Paragraph 3 of the Order of Court dated May 5, 2005 shall be deleted. 3) Holidays: The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the child from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Father shall have the child from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. when the regular weekend will occur. This will reverse in odd numbered years and Father shall have custody of the child from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Mother shall have the child from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor child from 9:00 a.m. December 20 until 1:00 p.m. on 2 December 25 b and Father shall have custody of the minor child from 1:00 p.m. December 25 h until 5:00 p.m. December 26 h. In even numbered years, Father shall have custody of the minor child from 9:00 a.m. December 240' until 1:00 p.m. on December 25th and Mother shall have custody of the minor child from 1:00 p.m. on December 25th until 5:00 p.m. December 26th. c. Easter: In odd numbered years, Mother shall have custody of the minor child from 5:00 p.m. the day before Easter through 2:00 p.m. Easter Day and Father shall have custody of the minor child from 2:00 p.m. Easter Day until Monday morning to school or 10:00 a.m. in the event there is no school. In even numbered years, this schedule shall reverse between the parties. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. e. New Years' Day, Memorial Day, Fourth of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in even years and Mother shall have Memorial Day and Labor Day in even years. In odd years, this schedule shall reverse and Mother shall have New Year's Day and Fourth of July and Father shall have Memorial Day and Labor Day. 4) The parties agree that this Stipulation shall be entered as an Order of Court. The parties, intending to be legally bound, do agree to the above and to entry of a court order, incorporating the terms of this Agreement. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: Jo ua R. Hamilt n douwj& 01, cfivdit'i i Krista M. Hamilton 3 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF C U m b EeLA N b ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Joshua R. Hamilton, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. My commission expires: to before me this -/--?- day of domd, 2008. PUBLIC _C?l0. II0 0WEALTH Notarial Seal Barbara My commission expires New Cumberland oro, Curnbbeedand County (SEAL) My Commission E)ires.Nov. 15, 2011 Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C U M 61 12 LRN D ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Krista M. Hamilton, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief ed Zbsd.cribo d t o before me thisday of, 2008. NOT LIC A(SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial ( Barbara Sump le-Suilivann Notary Public New Cumberland Boro , Cumberland County My Commission Expires Nov. 15, 2011 Member, Pennsylvania Association of Notaries 4 G ?F.Y +?'Yx K : "C3 ?'`? ..? ?? d..'' '^O 2 ?7 ?"' ? C? . '; i.... ? ?' , .{ W .-? ®1 i SEP 2 4 20084 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY AND NOW, to wit, this day of 2008, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Joshua R. Hamilton, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated September 11, 2008, are adopted as an Order of Court. I- OCZ Crn A? ti may- LLJ t? 1 i-- 1 L 4t" C co o- JOSHUA R. HAMILTON, Plaintiff V. IMSTA M. HAMILTON, Defendant To: The Judges of Said Court: IN THE COURT of COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA • os No. 02033 CIVIL ACTION - CUSTODY Complaint for Modification of Custody AND NOW this q day off itk , 2009 comes above Plaintiff, JOSHUA R HAMILTON, by and through his attorney, John M. Glace, Esquire, and presents this Complaint for Modification of Custody, as follows: 1. Plaintiff Joshua R. Hamilton is a married adult individual who presently resides at 110 North Enola Drive, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Brista M. Hamilton is an adult individual, married to the above Plaintiff; but separated from him, and who resides with her father, Michael McGarvey at 1523 Center Street, Enola., East Pennsboro Township, Cumberland County, Pennsylvania 17025. 3. Above parties are the biological parents of Taylor Marie Hamilton (dob: 6//3/04) Said minor child was born prior to the marriage of the parties. The parties also are also the biological parents of Lexis Sky Hamilton ( dob: 7/24/07), said minor child was born in wedlock after the September 11, 2004 marriage of the parties. Both minor children are to be considered in the instant Complaint for Modification of Custody. 4. On April 19, 2005 above Plaintiff filed a Divorce Action, which is above docketed. 5. Count III of said Divorce Action was for custody of Taylor Marie Hamilton; Lexis Sky Hamilton was born after both filing of the above action and the hereinafter described Custody Stipulation. 6. Although the Divorce Complaint with all additional Counts remains open and unresolved, the above parties reached a Stipulation Regarding Custody that was adopted by President Judge Bayley of this Honorable Court on May 5, 2005. Said Stipulation is attached hereto as Exhibit "A" and made part hereof. 7. On September 29, 2008, the Stipulation Regarding Custody was modified and that Modification, which incorporates by reference certain but not all terms and conditions of Exhibit "A", is attached hereto as Exhibit "B" and made part hereof. 8. Defendant is multi-offender of DUI and a parolee. She continues to drink often until intoxication and her father with whom she resides also has been recently convicted of DUI and also continues to drink. 9. As a result of her continued abuse of alcohol and operators license suspension- alcohol related, Defendant has failed and continues to fail to abide by the present controlling Custody Order or has physical custody of the minor children while either consuming alcohol or under the influence of recent alcohol consumption., both circumstances being violative of her present DUI parole. 10. Defendant and/or her father keep alcohol in their shared residence and consume such during the periods of Defendant's physical custody of the minor children. 11. Plaintiff resides less than two (2) blocks from Defendant's address and his mother, who also resides nearby at 213 Dauphin Street, Enola., Pennsylvania, provides all needed daycare. 12. Defendant's behavior has become more erratic and more assaultive. On June 1, 2009 she was arrested for Simple Assault (domestic) by the East Pennsboro Township Police for allegedly pushing Plaintiff through a window at his residence. Such assault occurred after she used a ruse to enter and Defendant's father abetted said ruse. 13. Due to the severe and continuing alcohol and psychological problems of the Defendant and her present circumstances, the best interests and welfare of both minor children would be best served if primary physical custody be granted Plaintiff father with periods of partial physical custody granted the Defendant mother to exclude overnight visits and require alcohol and psychological counseling. Further proof of her sobriety and the absence of any alcohol in her residence should be made mandatory. Further the Defendant mother should be barred from partial physical custody without full supervision if she violates any new term imposed by this Honorable Court 14. Plaintiff father has and will continue to provide a stable and safe circumstance for the primary physical custody of the minor children. 15. Because of Defendant's proximity she would not be impended by her lack of an operator's license or other circumstances from regular physical contact with the minor children. 16. All parties of interest have been made party to this action. 17. No named party is a present member of the Armed Services of United States. WHEREFORE, Plaintiff JOSHUA R. HAMILTON, respectfully requests that this Honorable Court modify the present Custody Order and grant him shared legal custody and primary physical custody of the parties' minor children and further modify Defendant's partial custody rights barring overnight visits, any contact with the minor children within twenty-four (24) hours of consumption of alcohol, mandatory alcohol and/or psychological counseling as deemed necessary after professional evaluation and any other relief deemed reasonable and necessary. Respectfully submitted, The Law Office of John M. Glace John G e, Esquire Supre e C ID: 23933 132-1 4 W ut treet Harri, Wle' 17101-1612 (717- 3 -5515) Exhibit "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 544 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff ;o v. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 CIVIL ACTION -LAW IN DIVORCE / CUSTODY ORDER ADOPTING STIPULATION OF PARITES AND NOW, to wit, this -.T- day of , 2005, upon consideration of _, 3M the attached Stipulation for Custody and on motion Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Joshua R. Hamilton, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated May 4, 2005 are adopted as an Order of Court. BY THE COURT, i l O? o yley, Judge Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. I KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 2033 CIVIL ACTION - LAW CUSTODY STIPULATION REGARDING CUSTODY AND NOW this 4`h day of May, 2405, comes Plaintiff, Joshua R. Hamilton and I Defendant, Krista M. Hamilton, and asks the court to enter a custody order in accordance with the agreed upon terms. 1) The parties shall share legal custody of their child, Taylor Marie Hamilton (DOB: June 3, 2004). 2) Plaintiff, Joshua R. Hamilton shall have primary physical custody of the child and i Naylor shall remain in the custody of her father residing at 110 North EnoIa Drive, Enola, !Cumberland County, Pennsylvania 17025. 3) Until further order of court, Defendant shall have visitation with the child as follows: a) Each and every Saturday and Sunday; and b) Such other times as the parties arrange and agree. 4) Defendant agrees that she will not remove the child, Taylor Marie Hamilton, from the residence of 110 North Enola Drive, Enola, Cumberland County, Pennsylvania unless specific permission is granted by Plaintiff. 5) The parties agree that this Stipulation shall be entered as an Order of Court. The Emergency Relief Petition scheduled for Friday, May 6, 2005 before the Honorable Edgar B. Bayley will be cancelled. It is further agreed that the Custody Conciliation scheduled for Friday, June 3, 2005 will also be cancelled. The parties, intending to be legally bound, do agree to the above and to entry of a court order, incorporating the terms of this Agreement. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: n? hua R. Hamilton Krista M. Hamilton 2 bit B ola Exhi SEp 2 4 2008 Barbara Sumpk-Sullivan, Esquire Supreme Court #32317 544 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, : IN THE COOT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-2033 KRISTA M. HAMILTON, CIVIL ACTION -LAW Defeadairn : IN DIVORCE/ CUSTODY 1ZD ADQPG 31NULATION OF PARTIES 0 AND NOW, to wit, this .2q day of 2008, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, comwl for plaiaW Joshua R. Daindton, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipu adon for Custody dated September 11, 2008, are adopted as an Order of Court. BY THE COURT, . Bayley, Jud "' COW FWM FtF.CORtf 0 ?rla" --ow oil t we wo met" h" 1 A"448 ha. ,? eee0eeseea to : Aa LiAG1T. / TA I TLS TA Barbara Suimpb-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 2033 CIVIL ACTION -LAW • CUSTODY'S cn IN??STQDY ?:-, -v w AND NOW d3iS day o&dmmy 2008, comes Plaindf? Joshua R. Hamilton and Defendant, IKrista M. Hamilton, and asks the ootttt to ettet a custody order in accordance with the agmed upon tuns. WHEREAS WHEREFORE, the parties am the nat<uml parents of one minor child, Taylor Marie Hamnilton (DOB: June 3,2004); WHEREFORE, the parties previously entered into an agreement dated May 4, 20059 which was enterdd as an Order of Court dated May 5, 2005; WHEREFORE, pr==dy, the partics desirc to modify paragraphs 2 and 3 of the Order of Court dated May 5, 2005 and have agreed upon a schedule for the holidays; WHEREFORE, the parties desin this modified percating plan be angered as a Court Order; Z0 3Wd 0080000200 ba:AA aGIA71TRITG1 NOW THEREFORE, the Psrfias? 6 to be y b xmd, do as= as follows: 1) Pamgmph 2 of the Order of Corot dated May 5, 2005 shall rod: 2) The parties d wll share physical custody of ft c bbd on an alternating week basis as follows: a. Mother shall bane physical custody of the child from after school or daycm each Moalay to Wednesday mornmg to school or say b. Fatha shall have physical aastody of the child from after school or daycare each wetlneeday to Friday morning to school or daycM., c. 'The parties shall altern tie weekends which shall be ftm Friday from school or day+atre to Monday morning to school or daycare. 2) Paragraph 3 of the Order of Court dated May 5, 2005 shall be deleted. 3) Hwum: The patties shall share to major holidays in accordame with the (wing plan: a. T k"kq W in even numd?bered yea's, Nbdmr shall hm a ntody of the* chid km wedne®daypsior to Thmko ving at 5:00 pao, until 2:00 p.m. on ThankBowmg Day, Patber shall bave the child ftm 2:04 pm. on T =JMWvMg Day until Friday at 500 p m. whoa the regular weekend will oa= This will reverse m odd mttubovd yawn wad Father shall have custody of the gild fi*m Wednesday prim' to Th=kg0vWg at 5:00 pan. unfit 2:00 p.m. on Th ving flay. Ukdw $ban bave the cad fvm 2:00 p.m. on T'hanke i'vWS lay =W Fray at 5:00 pan. b. Chrignes ad CbdsW= Evc In odd =Aavd Years, Mother shall have custody of the minor gild fi+um 4:00 a.m. Decemba 246 =W 1:00 p.m. on 2 60 3Wd 0000000000 bA:AA AAAZYTA/TA December 25d' and Father shall have custody of the minor child from 1:00 p.m. December 2$6 until 5:00 p.m. December 26ei. In even numbered years, Father shall have custody of the mincr child from 9:00 am. December 24d' until 1:00 p.m. on Dcoanber &i and Mother shall have custody of the minor child from 1.00 p.m. on December 25s' until 5:00 p.m. December 26a. c. Easter: In odd mmnbered years, Modter shall have custody of the minor child from 5:00 p.m. the day beforc Easter through 2:00 p.m. Easter Day and Father shall have custody of the minter child fwu 2:00 p.m. Faster Day until Monday morning to school or 10:00 am. in the event that is no school. In even numbered years, this schedule shall reverse between the parties. d. Mo**r's Day aid Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. Theme holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. e. New Years" Day, Memorial Day, Fourtb of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in ewes years and Moth shall have Memorial Day and Labor Day in even yews. In odd years, this schedule shall reverse and Mother shall have New Year's Day and Fourth of July and Father shall have Memorial Day and Labor Day. 4) The parties agree that this Stipulation shall be entered as an order of Court. The parties, intending to be lesally bound, do agree to the above and to entry of a court e ,Order, incorporating the terms of this Agreement. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED.- " t(; e ?j J R. Hampton bGl -MA Y'Asta w Hamilton 3 QAGiGiL?apuAa fits a pa aara7 I rn I rn COMMONWEALTH OF PENNSYLVANIA } COUN'T'Y OF u M 15 M L41 OD ) SS. ) Before me, the undersigaad ofEcw, a Notary Public in and for said Commonwealth and County, personally aveared Joehaa R. Ha'miltm, who being duly affmned according to law, depot m and says that the fads and matter set forth in thie within and foregoing MadW Sit Agmment are true and correct to the beat of his knowledg% information and belief to before me this 110 day of 1x $L_, 2008. NOTARY PUBLIC CCMMpNWa ? PENNSYLVANIA gal seal My commission expi eo (SEAL) W ConTion €xpin%",15, 2M1 Mefnt*r, Pannsy"Asa Aggctclstion of Notaries COMMONWEALTfi OF PENNSYLVANIA ) ) SS. COUNTY of &1 rn B LA ND ) Before me, the undersigned offiea, a Notary Public in and for said Commonwealth and County, personally appeared Krbts X Hamilton, who being dryly affirmed acm&ng to law, deposal and says that the facts and matter set forth m the within and fixegoing Marital Sef.d.- t Agreememt are true and c orrea to the best of her knowledge, information and belief re me this 11"1" day of tm 2008• NOTARY PUBLIC My commission expires: (SEAL) COMMONWEALTH CIF PFNNSYLVANIA Notarial SWI Barbara StjrnOe Whvao, Notary P(Mic New Cumberland Born, C.uatiberfand County My CorrtmisWon Expires Nov. 15, 2011 Member, Pembyiva . ? A ,sac;ation or Notaries 4 t ' • ,r { VEWOCA?'f`fON of ?=` ?tha? ? and mil'` lgffa,, CSA? to inthe fug° tstwo" *at !at Stswoods beA Of My viCW by at tve S tt Swi to 033030600. Custody b0160 ate few Secd°v' 4904, to DO= CERTIFICATE OF SERVICE I HEREBY CERTIFY that this 2nd day of June, 2009 I have served a true and correct copy of the foregoing Complaint for Modification of Custody, by first class mail, postage pre-paid, upon: Krista M. Hamilton c/o Michael McGarvey 1523 Center Street Enola, PA 17025 Esquire 23933 132-V3 Wnut Street Harrisburg, PA 17101 (717) 238-5515 Counsel for Plaintiff 5 , , li A, A v-aa ,fly A# 'Idom JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA M. HAMILTON DEFENDANT 2005-2033 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Monday, June 08, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, July 07, 2009 at 9:00 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/ Dawn S. Sunda Es Y Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 P 1+. FILED-4-?:-'CE OF THE PROTHONOTARY 2009 JUN -8 PM 2.4 7 PENNSYLVANIA to 9 pt? JUL 10 2009 c, er JOSHUA R. HAMILTON Plaintiff vs. KRISTA M. HAMILTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this / day of 2009, upon consideration of the attached Custody Conciliation Report, it is order d and directed as follows: 1. The prior Order of this Court dated September 29, 2008 is suspended pending further Order of Court or agreement of the parties. 2. The parties shall submit themselves, their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Children. The parties shall equally share the costs of the custody evaluation. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall continue to share having legal custody of the Children, the Father shall have primary physical custody, and the Mother shall have partial physical custody of the Children every week on Monday and Tuesday from 8:00 a.m. until 5:00 p.m. and every Friday and Saturday from 7:00 a.m. until 2:00 p.m., beginning Friday July 10, 2009. The Mother shall provide transportation for all exchanges of custody to take place at the residence of the Father's parents. Until such time as the Mother is able to obtain her own car seats for the Children, the Father shall make his car seats available to the Mother at the time of exchange of custody. 4. The parties shall ensure that the Children are transported at all times by a responsible adult with a current driver's license. 5. Neither party shall consume alcoholic beverages. 6. Each party shall undergo random drug and/or alcohol testing within 24 hours of the request of the other party. The party requesting the drug test shall be responsible to pay the costs thereof in advance. In the event of a positive test result, the party testing positive shall reimburse the other party for the costs of the test within three (3) days. Both parties shall sign any necessary authorizations to enable the testing agency to release the drug/alcohol test results to the other party. 7. Telephone contact between the parties solely to discuss arrangements or issues concerning the Children or to contact the Children by telephone shall not be deemed a violation of the Protection from Abuse Order dated June 10, 2009. 8. Within 60 days of receipt of the custody evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Also, either party may contact the conciliator to schedule an additional conciliation conference to review the custodial arrangements in the event of a positive drug/alcohol test result. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. JJ cc: M. Glace, Esquire - Counsel for Father ?ta M. Hamilton - Mother cop I JOSHUA R. HAMILTON Plaintiff VS. KRISTA M. HAMILTON Defendant Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor M. Hamilton June 3, 2004 Father Lexis S. Hamilton July 24, 2007 Father 2. A custody conciliation conference was held on July 7, 2009, with the following individuals in attendance: the Father, Joshua R. Hamilton, with his counsel, John M. Glace, Esquire, and the Mother, Krista M. Hamilton, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator 1009 %L`! 13 r r' 9' JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2033 CIVIL ACTION LAW KRISTA M. HAMILTON, IN CUSTODY Defendant PETITION FOR EMERGENCY RELIEF AND NOW, comes the Defendant, Krista M. Hamilton, by and through her attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Petitioner is Krista M. Hamilton who resides at 1523 Center Street, Enola, Pennsylvania. 2. Father is Joshua M. Hamilton who previously resided at the marital residence at 110 N. Enola Drive, Enola, Pennsylvania and who recently relocated to an Etters, Pennsylvania address. 3. The parties are the parents of two (2) minor children Taylor, DOB June 3, 2004 and Lexis, DOB July 24, 2007. 4. On July 13, 2009, this Honorable Court entered an Order addressing custody of the children. A true and correct copy of the Court's Order dated July 13, 2009 is attached hereto as Exhibit "A." 5. The Order provides, inter alia, that the parties shall share legal custody of the minor children and that Mrs. Hamilton shall have specified periods of alternating physical custody. 13. During the past thirty (30) days, Mrs. Hamilton was contacted by Rodney Hamilton, Joshua Hamilton's brother, and was informed that he (Rodney) was concerned by the harsh mistreatment he had observed Mr. Hamilton directing at Taylor and expressed his concerns regarding Taylor's well-being at the hands of his brother. 14. During the past thirty (30) days, Richard Gordy, a member of Mrs. Hamilton's church congregation who periodically transports her to pickup the children, personally observed cruel and harsh treatment inflicted upon Taylor by Mr. Hamilton and insisted that something should be done about this (treatment of Taylor). 15. During this same period, Taylor complained to her that her father had thrown away gifts that Mrs. Hamilton had given her which she liked and she was upset about this. 16. Moreover, during this same period, Taylor has begun expressing to Mrs. Hamilton that she (Taylor) does not want her to tell "Daddy" what they have discussed as he will get mad at her. 17. More and more, Taylor has been expressing a fear of her father to Mrs. Hamilton. 18. This type of behavior in Taylor has not been previously observed by Mrs. Hamilton. 19. During the week of December 7, 2009, Mrs. Hamilton learned that Taylor had spent the day in the school nurse's office with an ice pack because she was experiencing headaches as a result of a blow she received from her father to the back of her head which left a lump of her head. 20. The child was very distraught about this and did not want to return home with her father and wants to back to her old school. 21. Mrs. Hamilton subsequently learned that Mr. Hamilton had forced the child to lie and say that the event never occurred and subsequently spanked her because he had received calls regarding the injury to the child. 22. During the course of the marriage, Mr. Hamilton periodically physically abused Mrs. Hamilton. 23. Taylor physically resembles her mother and has a close relationship with her.. 24. Mrs. Hamilton believes, and therefore avers, that Mr. Hamilton has begun taking his frustrations about his wife out on the minor child as is illustrated by his rough treatment of Taylor, throwing away gifts that Mrs. Hamilton bought for her, his recent sudden relocation, his withdrawing the child form school, and severely limiting Mrs. Hamilton's time with the children. 25. Given Mr. Hamilton's sudden irrational behavior and rough treatment of Taylor, Mrs. Hamilton is very concerned regarding the welfare of her children. 26. It is in the best interests of the minor children that this Honorable Court issue an Order directing Mr. Hamilton to return Taylor to her previous class at East Pennsboro Elementary School and direct that temporary custody of the children be placed with Mrs. Hamilton. WHEREFORE, based upon all of the foregoing, the Defendant, Krista Hamilton, respectfully requests that this Honorable Court issue an Order directing Mr. Hamilton to return Taylor to her previous class at East Pennsboro Elementary School and further direct that temporary custody of the children be placed with Mrs. Hamilton. Respectfully submitted, tJa . . iteiiey ID 46801 3117 Chestnut Str Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant EXHIBIT "A" J U L 1 0 2009 (s.. JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-2033 CIVIL ACTION LAVA KRISTA M. HAMILTON Defendant IN CUSTODY ORDER OF COURT AND NOW. this - day of _ Jul 2009. upon consideration of the attached Custody Conciliation Report. it is rdered and directed as follows: 1. The prior Order of this Court dated September 29, 2008 is suspended pending further Order of Court or agreement of the parties. 2. The parties shall submit themselves. their minor Children, and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign any authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Children. The parties shall equally share the costs of the custody evaluation. 3. Pending completion of the custody evaluation and further Order of Court or agreement of the parties, the parties shall continue to share having legal custody of the Children, the Father shall have primary physical custody, and the Mother shall have partial physical custody of the Children every week on Monday and Tuesday from 8:00 a.m. until 5:00 p.m. and every Friday and Saturday from 7:00 a.m. until 2:00 p.m., beginning Friday July 10, 2009. The Mother shall provide transportation for all exchanges of custody to take place at the residence of the Father's parents. Until such time as the Mother is able to obtain her own car seats for the Children. the Father shall make his car seats available to the Mother at the time of exchange of custody. 4. The parties shall ensure that the Children are transported at all times by a responsible adult with a current driver's license. 5. Neither party shall consume alcoholic beverages. b. Each party shall undergo random druw and, or alcohol testing within 24 hours of the request of the other party. The party requesting the drug test shall be responsible to pay the costs thereof in advance. In the event of a positive test result, the party testing positive shall reimburse the other party for the costs of the test within three (3) days. Both parties shall sign any necessary authorizations to enable the testing agency to release the drug/alcohol test results to the other party. 7. Telephone contact between the parties solely to discuss arrangements or issues concerning the Children or to contact the Children by telephone shall not be deemed a violation of the Protection from Abuse Order dated June 10, 2009. 8. Within 60 days of receipt of the custody evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Also, either party may contact the conciliator to schedule an additional conciliation conference to review the custodial arrangements in the event of a positive drug/alcohol test result. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT. Q126tA ak4ar B. lev cc: John M. Glace, Esquire - Counsel for Father Krista M. Hamilton - Mother EXHIBIT "B" Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 November 27, 2009 John M. Glace, Esq. 132-134 Walnut Street Harrisburg, PA 17101-1612 VIA FACSIMILE TRANSMISSION ONLY TO (717) 238-6929 Re: Hamilton v. Hamilton Dear John: Not surprisingly, your, client refused to allow Ms. Hamilton to have custody of the children on Thanksgiving morning in accordance with the voice message which you left me. Additionally, your client has now unilaterally withdrawn one of the children from school and transferred the child to another school. I am respectfully requesting that the child be immediately returned to school by the close of business today and I be notified of the correction or, I have been directed to take appropriate legal action. Everyone is aware that the child in question has been struggling with the changes occurring in the parents' relationship and clings to school as her last vestige of consistency. Please address this matter with your client immediately. The Courts in Cumberland County have little tolerance for this type of behavior, especially in the holiday season. Please do not force me to seek Court intervention. Furthermore, in the recent past your client terminated insurance coverage for Ms. Hamilton which resulted in tremendous costs to my client for which your client will be responsible to pay. Lastly, the make-up time which you promised Ms. Hamilton would receive because Mr. Hamilton scheduled his home visitation during Ms. Hamilton's time of alternating physical custody has never occurred because of your client's continuing refusal to provide any make-up time when Ms. Hamilton is available. Offering the children during the midst of a work shift when she is not available is not a meaningful proposal and is mean and spiteful. In an effort to avoid continuing difficulties, I have directed Ms. Hamilton to have any substantive conversations regarding resolving this matter through counsel. Lastly, this will confirm that your client is now allowing the marital residence to move to foreclosure. According to Ms. Hamilton, Mr. Hamilton informed her that he was doing this to prevent her from receiving any distribution from the equity in the home. Please provide written confirmation of payments made to date and the remaining mortgage balance. From my experience, the Court's frown on one party living in a residence rent-free and allowing the home to slide into foreclosure through refusing to pay the mortgage while they live in the residence. I believe that the Court's consider this as dissipation of a marital asset. If your client is going to continue to reside in the residence, please direct him to make mortgage payments. Thank you for your attention to this matter. Very truly ours, Ga L Kelley EXHIBIT "C" NOV-27-2009 11:28A FROM:JOHN M GLACE 717-238-6929 iU:blbl(bl r.? JOHN M. GLACE ATTORNEY AND COUNSELOR AT LAW 132-134 WALNUT STREET HARRISBURG, PENNSYLVANIA 17101-1612 TELEPHONE e-mail TELEFAX 717-238-5515 lmgIdce0aol.com 717-238-6929 November 27, 2009 Guy I- Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 TELEFAXED and MAILED] 717-612-1761 Only Re: Hamilton v. Hamihon Dear Gary: As per my advisement my client has moved to 667 Cornfield Road, Etters, PA, much closer to his employment and within fifty (50) miles of his fdrmer residence and your client's presumed residence. Apparently your client assumes that only East Pennsboro Schools are adequate for the children and my client takes issue at such a self-serving pronouncement. This was not a holiday ploy-, but a reasoned and reasonable move- The only complaint known to my client from the children as to their parents' present status is their reaction to your client's constant derogatory attitude toward my client. Premised on her behavior at the conciliation conference, this allegation is not hard to believe. Both the maintenance of marital health insurance and the ownership and occupancy of the marital residence are divorce issues. Presently, as I have told you, I have been retained only for custody and support issues. I have conveyed to you from time to time your client's threats and imprecations to my client as you have to me. To call these exchanges a credibility issue is an understatement. Suffice to say, my client again denies the allegations contained in your telefax this morning. Relativc to child support, notwithstanding my client's prerogative as prmary custodian, he has elected not to file for child support. His requests for information relative to your client's employment (to ascertain if she again is working in bars) have been responded to with profane brush-offs. It is my understanding that your client is fatly capable of a 40 hour work week. In regard to the marital residence, your client demanded/threatened/cajoled often relative to her sole ownership and/or occupancy of the marital residence. Her contribution to its purchase has generally been only het status as wife as my client has made all mortgage and utility payments. No one is now living rent free and the residence is available to your client as she bas often demanded. With the fallea real estate market, it truly is not worth the mortgage pay-out and my client will gladly agree to an equal split of any sale profit However, henceforth your client should be responsible for one-half of the mortgage payments because it is a joint asset. Presently my client is fully current with the mortgage; but as a non-occupant will henceforth deem this property a joint marital asset subject to r1 r-d.stj-b7cV NOV-27-2009 11:28A FROM:JOHN M GLACE Page 2 Re: Hamilton v. Hamilton to You! chmt joist miaiateaance. regmft thao the veps? am retained fo purposes of e9u?table often vocsfemualy demanded. division, I am not authorised to make such a binding offer. I remaia available for any matter concerning child custody and suppott jMG/pnos cc: Josh Hamilton EXHIBIT "D" Law Offices of Gary L. Kelley 3117 Chestnut Street Camp Hill, Pennsylvania 17011 (717) 612-1484 Fax (717) 612-1761 November 30, 2009 John M. Glace, Esq. 132-134 Walnut Street Harrisburg, PA 17101-1612 VIA FACSIMILE TRANSMISSION ONLY TO (717) 238-6929 Re: Hamilton v. Hamilton Dear John: Thank you for your letter dated November 27, 2009 in response to my letter of the same date. It was not necessary to make negative comments about Ms. Hamilton. I find it more productive to address issues in other ways. Regarding credibility, the District Attorney of Cumberland County apparently gave little credibility to your client's assertion that Ms. Hamilton pushed him through a window given the outcome of that matter. Regarding your offer for Ms. Hamilton to resume living in the marital residence, she politely declines at this time. May I remind you of the existence of a PFA granting your client exclusive possession. Given that he has exclusive possession, it would appear that the mortgage and associated expenses from residing at the residence are your client's sole responsibility. With respect to your assertion that her contribution to the residence was minimal, I respectfully disagree. She contributed $35,000 from a settlement which she received and paid off all of his debt, among other contributions. I suggest that you review the factors in the Divorce Code regarding equitable distribution with your client and inform me when he reaches a more reasonable mindset regarding this matter. As an experienced practitioner, I am surprised that you advised your client to withdraw the child from school without first conferring with Ms. Hamilton or forwarding a letter to me as communication appears to be difficult. The parties share legal custody and, arguably, your client appears to be in contempt of the custody order given his unilateral action. Given all the changes the children have been through as a result of the parties' split, I would think that we would want to take all steps possible to limit any further upset to them. Moreover, your client's unilateral change has further reduced the time she may spend with the children as the exchange points appear to have changed. I would like to move forward in this matter more productively. Please inform me of any reasonable solutions your client may suggest. Thank you for your attention to this matter. Very truly ours, Ga . Kelley VERIFICATION I verify that the statements made in this Petition 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. JOSHUA R. HAMILTON, V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2033 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for DEFENDANT in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT'S PETITION FOR EMERGENCY RELIEF on John M. Glace, Esq., by facsimile transmission to (717) 238-6929 on the 14th day of December, 2009. LAW OFFICES OF GARY L. KELLEY uire V ELLEY, q 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant ' oic, Ft(-EU ''_ r T 2Qg VC 1 4 f°? t . ?i ?r t 1 ? ur ;' f ` Dish /cc?? or'3L/9?(P JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KRISTA M. HAMILTON, Defendant NO. 05-2033 CIVIL TERM ORDER OF COURT AND NOW, this 14`x` day of December, 2009, upon consideration of Defendant's Petition for Emergency Relief, a hearing is scheduled for Tuesday, December 29, 2009, at 3:45 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. NO CORPORAL punishment is to be administered to the minor children by either party. BY THE COURT, Wesley Ole Jr., J% John Glace, Esq. (2 V /n? t 132-134 Walnut Street 121*1 Harrisburg, PA 17101-1612 Attorney for Plaintiff Gary L. Kelley, Esq,. - Cory ? ? 21(y 3117 Chestnut Street Camp Hill, PA 17011 Attorney for Defendant :rc qlo? ?:Z? OF THIE FROTH"'!OTARf 2009 DEC 14 PH 2= 25 cumb? ?Zy ' P?~i?,Af 1;S., !f.'A i JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KRISTA M. HAMILTON, Defendant 05-2033 CIVIL TERM IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 29th day of December, 2009, upon consideration of Defendant's Petition for Emergency Relief, and pursuant to an agreement reached in chambers of the undersigned Judge, wherein Plaintiff was represented by John Glace, Esquire, and Defendant was represented by Gary L. Kelley, Esquire, it is ordered and directed as follows: 1. The July 13th, 2009, Order of Court is amended so as to grant partial physical custody to the Defendant, Krista M. Hamilton, from Saturday at noon until Sunday at noon, and to provide that transfers shall occur on Saturday at the Etters residence of the Plaintiff, and on Sunday at the Enola residence of the paternal grandparents. All other conditions and orders of the July 13th, 2009, order shall rem Eir the,same; and 2. The balance of the issues raed,in Defendant's Petition for Emergency Relief shall -h6,-,co, dered in c} the first instance by the custody conciliator in, s?ca Dawn Sunday, Esquire, at a custody conciliation UfdLeence ?? be ,< scheduled upon request of counsel by the conciliator'fjollowing receipt of a custody evaluation, which is being prepared by Dr. Kasey Shienvold. By the Court, 'John Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 /For Plaintiff ,/ Gary L. Kelley, Esquire 3117 Chestnut Street Camp Hill, PA 17011 For Defendant ,.?Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 :mae Cad ex /Yl lC - 1 /a/3 1101 K F ~ y`t *-1 jtilt't? 2089 DEC, 30 o j o , JOSHUA R. HAMILTON PLAINTIrT v. KRISTA M. HAMILTON DI.FTNDANT AND NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT Friday, August 27, 2010 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on Friday, September 24, 2010 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 hearinL,. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable a ccommodations 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 mu st 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 : OFF'IC'E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. t } Y _? Cumberland County Bar Association ?• '?? - d?- . CO? 32 South Bedford Street r Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 :.Tj \Q ?-? ?- (GEC Q_ :.a s ?- c ?. 30 l C) Ana,; led FILED-OFFICE Off: THE P OIOIO1'l?Y 2010 SEP 29 AM 8: 23 COMBERLA`40 COUNP ;° JOSHUA R. HAMILTON, V. KRISTA M. HAMILTON, Defendant PENNSYLVANIA 0*y -to DeD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2033 CIVIL ACTION LAW DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 4aq-5'O Pp A7r4 eA& Et JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2033 CIVIL ACTION LAW KRISTA M. HAMILTON, DIVORCE/CUSTODY Defendant COUNT IV DEFENDANT'S COUNTERCLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 AND NOW, comes the Defendant, Krista M. Hamilton, by and through her attorney, Gary L. Kelley, and respectfully avers as follows: 27. Defendant (Plaintiff in the counterclaim) repeats and realleges the averments of paragraphs 1 through 26 which are incorporated by reference as if set forth more fully herein. 28. Defendant has no adequate means of support for herself during the course of this litigation. 29. Defendant does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. 30. Defendant has no health insurance other than that presently available to her through Defendant's employment. 31. Plaintiff has unilaterally terminated Defendant's health insurance to Defendant's financial detriment. 32. Plaintiff has engaged in a course of conduct which causes her to incur significant otherwise unneeded legal expenses as a result of his conduct. WHEREFORE, Plaintiff requests based upon all of the foregoing, the Defendant, Krista Hamilton, respectfully requests that this Honorable Courtthe Court award her alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, Gary L. Kelley ID No. 46801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ID [,A /9-V I I (Ot JOSHUA R. HAMILTON, V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2033 CIVIL ACTION LAW DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for DEFENDANT in the above-captioned matter, do hereby certify that I served a true and correct copy of DEFENDANT'S COUNTERCLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 on John M. Glace, Esq., by facsimile transmission to (717) 238-6929 on the 28th day of September, 2010. LAW OFFICES OF GARY L. KELLEY 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant JOSHUA R. HAMILTON, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE - ~, ~ ~ -- n --+ NO. 05-2033 CIVIL TERM ~~ ~ ~~' KRISTA M. HAMILTON, IN DIVORCE ~ ~ ~Q Defendant/Petitioner ;~, '~ ~ ~ ~ ~ PACSES NO: 588111971 ~ , ~~• r~ -c3 ~~' ~, ~~ ~ ~, ~~ +~? ~~ -3 ORDER OF COURT ~~ . ~~, •~ ? , , AND NOW, this 1st day of October, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on October 27, 2010 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Ali-nony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3} the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 1© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. if you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Gary L. Kelley, Esq. John M. Glace, Esq. Date of Order: October I , 20 I 0 BY THE COURT, ,.. : Edward E. Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 cc361 y OCT 13 Z~IU JOSHUA R. HAMILTON 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-2033 CIVIL ACTION LAW ~ .~ , • ,. , .. ~ ~ --a -R-...~ KRISTA M. HAMILTON ~~ ~ { ```~=- ~ Defendant IN CUSTODY ~ .-- ' ~' ~ '~' . ~~.~, -_ ~ti-~ OR DER OF COURT ==-_ ~ ~,~ ~ ~ AND NOW, this _ day of ~ L i . 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 13, 2009 and December 29, 2009 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children beginning Tuesday, October 5, 2010 every week on Monday and Tuesday from 8:00 a.m. until 6:00 p.m. and from Saturday at 2:00 p.m. through Sunday at 2:00 p.m. In addition, the Mother shall also have custody of the Children on Friday, October 8, 2010 from 8:00 a.m. unti16:00 p.m. 3. All periods of partial custody under this Order shall take place at the maternal grandfather's residence. 4. All exchanges of custody shall take place at the paternal grandparents' residence unless otherwise agreed between the parties. 5. Neither party shall consume alcohol, nor have alcohol in the residence, during periods of custody with the Children. 6. In the event either party needs to request a change in the custody schedule from the other party due to an emergency or extenuating circumstances, that party shall provide 48 hours notice if possible. 7. After the Mother and her counsel have had an opportunity to review the custody evaluation report provided by the Father's counsel at the conciliation conference and after having obtained updated information/recommendations from the evaluator if appropriate, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements if necessary. BY THE COURT, J. ~esley Oler cc: "~J~ M. Glace, Esquire -Counsel for Father Gary L. Kelley, Esquire -Counsel for Mother t gt' rrt~-L l~Ll. ro ~~/w ~~'-'1 oc~ ~ 3 zoo JOSHUA R. HAMILTON Plaintiff vs. KRISTA M. HAMILTON Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Hamilton June 3, 2004 Father Lexis Hamilton July 24, 2007 Father 2. A custody conciliation conference was held on October 4, 2010, with the following individuals in attendance: the Father, Joshua R. Hamilton, with his counsel, John M. Glace, Esquire, and the Mother, Krista M. Hamilton, with her counsel, Gary L. Kelley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date ~- Dawn S. Sunday, Esquire Custody Conciliator JOSHUA R. HAMILTON, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. d5-2033 CIVIL TERM KRISTA M. HAMILTON, IN DIVORCE DefendantlPetitioner PACSES NO: 588111971 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 21st day of October, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 18.2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of October 27, 2010. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Date of Order: October 21, 2010 Copies mailed to: Petitioner Respondent Gary L. Kelley, Esq. John M. Glace, Esq. ~~~ Edward E. Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. ~~s~~'v~~~ PS~'~f'~~C~UMBERLAND COUNTY BAR ASSOCIATION jt ~ ~`~ f~~.y~'~~~i~~~l~~ 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 ~- ~ =~ ~~ ~ ~ ~~ ~ ~ ~~ (717) 249-3166 cc361 ~~~~~1.~-~1~~1~ JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2033 CIVIL TERM KRISTA M. HAMILTON, IN DIVORCE Defendant/Petitioner PACSES CASE: 588111971 =M ? ins °D ?cn y n -0 =-n Q-6 ORDER OF COURT ; c ?, p w c-a _,4m f AND NOW to wit, this 18th day of November, 2010, it is hereby Ordered that pursuant to an agreement of the parties, the Petitioner withdraws her request for Alimony Pendente Lite, without prejudice. BY THE CO Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Gary L. Kelley, Esq. John M. Glace, Jr. Form OE-001 Service Type: M Worker: 21005 W "r - 77 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PS@ Plaintiff/Respondent CUMBERLAND COUNTY, PEN11fiV1Ik 3- VS. CIVIL ACTION - DIVORCE . -; NO. 05-2033 CIVIL TERM KRISTA M. HAMILTON, IN DIVORCE ' W Defendant/Petitioner PACSES CASE: 588111971 ORDER OF COURT AND NOW to wit, this 18th day of November, 2010, it is hereby Ordered that the credit, in the amount of $265.26, caused by the distribution and disbursement of the November 17, 2010 payment, is directed to the child support account under PACSE #470109020. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Barbara Sumple-Sullivan, Esq. Steven Howell, Esq. Form OE-001 Service Type: M Worker: 21005 qr1ohi jr ijv,_PC 5020 Ritter Road State 104 Mechanicsburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 JOSHUA R. HAMILTON, Plaintiff V. KRISTA M. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2033 CIVIL IN CUSTODY ?LL? 7 f 1 PRIOR JUDGE: J. WESLEY OLER, JR-.,) COMPLAINT TO MODIFY CUSTODY ORDER fMa Cam) L., t CO rJJ 1. Plaintiff is Joshua R. Hamilton, an adult individual who resides at 110 North Enola Drive, Enola, Pennsylvania 17025 (hereinafter, "Father") 2. Defendant is Krista M. Hamilton, an adult individual who resides at 1617 Market Street, Harrisburg„ Pennsylvania 17110 (hereinafter, "Mother") 3. The parties are the natural parents of the following minor children: Taylor Marie Hamilton, born June 3, 2004 and Lexis Skye Hamilton, Born July 24, 2007. 4. Taylor Marie Hamilton was born out of wedlock. Lexis Skye Hamilton was born during the marriage of the parties. 5. The children are presently in the custody of Father, pursuant to various orders, the most recent of which is October 14, 2010 (see Orders appended to this Complaint), and who resides at 110 North Enola Drive, Enola, Pennsylvania 17025. 6. During the past five years, the children have resided with the following persons and at the following addresses: '10.00 P 0 A77-V e M97 ??,? a(oo31c{ (7r•n JCD tca C:7 °Ti Names Residences Dates Ashley Diehl 110 North Enola Drive 07/10 - present Joshua Hamilton Enola,, PA 17025 Savannah Cramer Joshua Hamilton, Jr. Ashley Diehl 110 North Enola Drive 02/10-07/10 Joshua Hamilton Enola, PA 17025 Savannah Cramer Joshua Hamilton 110 Enola Drive 04/20/09-02/10 Enola, PA 17025 Joshua Hamilton 110 North Enola Drive 06/06-04/20/09 Krista Hamilton Enola, PA 17025 7. The Mother of the children is Krista M. Hamilton, who is residing at 1617 Market Street, 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 PHOME: 717.766.4008 FAX: 717.766.4066 Harrisburg, PA 17110. She is married. 8. The Father of the children is Joshua R. Hamilton, who is residing at 110 North Enola Drive, Enola, Pennsylvania 17025. He is married. 9. The relationship of the Mother to the children is that of mother. 10. The relationship of the Father to that of the children is father. The children currently live with Father. 11. Plaintiff currently resides with the following persons: Name Relationship Ashley Lynn Diehl Girlfriend Savannah Cramer Girlfriend's Daughter Joshua Hamilton, Jr. Son Taylor Marie Hamilton Daughter Lexis Skye Hamilton Daughter 12. Defendant currently resides with the following persons: Unknown 13. Each parent whose parental rights to the children have not been terminated, and the persons who have physical custody of the children, have been named as parties to this action. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children pending in a court of this Commonwealth or any other state. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 17. Paragraph 7 of the Existing Order provides that either party may request, following a review of the custody evaluation report, an additional custody conciliation conference. 18. The best interest and permanent welfare of the children will be furthered by granting Y-' I rr aw_ PC 5020 Ritter Road Suite 104 M-haniCSburg, PA 17055 PHONH: 717.766.4008 FAx: 717.766.4066 sole legal custody and primary physical custody to Father, subject to periods of supervised visitation by Mother, because: a) the Defendant Mother suffers from severe alcoholism, poor judgment and a propensity for violence; b) Mother has threatened to take the children to another jurisdiction; c) a custody evaluator has concluded that Mother is emotionally unstable; d) since the entry of the last Order, Mother has left the children with a third party, Richard Gordy, during her periods of partial custody. Plaintiff Father had consented that Mother could see the children at this individual's residence, but not that she would leave them alone with this individual; and e) Mother appeared for a Domestic Relations Enforcement Hearing intoxicated and will probably be incarcerated shortly. WHEREFORE, the Plaintiff/Father requests that the Court modify the existing custody orders and grant to him sole legal and primary physical custody, subject to periods of supervised visitation by Mother, of the children, Taylor Marie Hamilton and Lexis Skye Hamilton. Respectfully submitted, 0 Jor M. Kerr, Esquire Attorney I.D.#26414 John Kerr Law. P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: June 8, 2011 5020 Patter Road Suite 104 M-harUCSbUrg, PA 17055 RiONE: 717.766.4008 Far: 717.766.4066 VERIFICATION The undersigned, Joshua R. Hamilton„ hereby states that he is the Plaintiff in the foregoing custody action and, as such, is authorized to execute this Verification, and that any factual statement in the preceding Complaint to modify Custody are true and correct to the best of his knowledge, information or belief. He understands that false statements are subject to the penalties prescribed at 18 Pa.C.S.§4904, relating to falsification to authorities. Joshua R. Hamilton OCT 13 2010 JOSHUA R. HAMILTON Plaintiff vs. KRISTA M. HAMILTON Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Hamilton June 3, 2004 Father Lexis Hamilton :fuly 24, 2007 Father 2. A custody conciliation conference was held on October 4, 2010, with the following individuals in attendance: the Father, Joshua R. Hamilton, with his counsel, John M. Glace, Esquire, and the Mother, Kri§ta M. Hamilton, with her counsel, Gary L. Kelley, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custodv Conciliator OCT 13 2010 JOSHUA R HAMILTON Plaintiff vs. KRISTA M. HAMILTON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 IN CUSTODY ORDER OF COURT CIVIL ACTION LAW AND NOW, this of _, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of this Court dated July 13, 2009 and December 29, 2009 shall continue in effect as modified by this Order. 2. The Mother shall have partial physical custody of the Children beginning Tuesday, October 5, 2010 every week on Monday and Tuesday from 8:00 a.m. until 6:00 p.m. and from Saturday at 2:00 p.m. through Sunday at 2:00 p.m. In addition, the Mother shall also have custody of the Children on Friday, October'8, 2010 from 8:00 a.m. until 6:00 p.m. 3. All periods of partial custody under this Order shall take place at the maternal grandfather's residence. 4. All exchanges of custody shall take place at the paternal grandparents' residence unless otherwise agreed between the parties. 5. Neither party shall consume alcohol, nor have alcohol in the residence, during periods of custody with the Children. 6. In the' event either party needs to request a change in the custody schedule from the other party due to an emergency or extenuating circumstances, that party shall provide 48 hours notice if possible. 7. After the Mother and her counsel have had an opportunity to review the custody evaluation report provided by the Father's counsel at the conciliation conference and after having obtained updated information/recommendations from the evaluator if appropriate, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference to review the custodial arrangements if necessary. BY THE COURTV ''J. Wsley Oler, 7t J cc: John A Glace, Esquire - Counsel for Father Gary L. Kelley. Esquire - Counsel for Mother TRUE COPY FROM RECORD In Testimony whereof, I hem unto «` my h" and the seat/of said Court at Carlisle, Pa. This ., [_`?"r d ??+ ?? ..tines f JOSHUA R. HAMILTON Plaintiff vs. RRISTA N1. HAMILTON Defendant JUL 10 2: (n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this day of '1009. upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated September 29, 2008 is suspended pending further Order Of Cotlrt or agreement of the parties. 2. The parties shall submit themselves. their minor Children. and any other individuals deemed necessary by the evaluator to a custody evaluation to be performed by Stanley Schneider, PhD or other professional selected by agreement between the parties. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best meet the needs of the Children. The parties shall sign anv authorizations deemed necessary by the evaluator in order to obtain additional information concerning either the parties or the Children. -1 he parties shall equally share the costs of the custody evaluation. Pending completion of the custody evaluation and further Order of Court or agreement of the parties. the parties shall continue to share having legal custody of the Children. the Father shall have primary, pphysical custody, and the Mother shall have partial physical custody of the Children every week 'on Monday and Tuesdav from 8:00 a.m. until 5:00 p.m. and every Friday and Saturday Tom 7:00 a.m. until 2:00 p.m.. beginning Friday July 10. 2009. The Mother shall provide transportation' for all exchanges of custody to take place at the residence of the Father's parents. Until such time as the ?.Luther is able to obtain her owNn car scats for the Children. the Father ; hall make his car seats ayailablc to ?:te Mother at the time of exchange of custody. -t. The parties shall ensure that the Children are transported at all times by a responsible adult ith a current driver's license. >. Neither party shall consume alcoholic beverages. 6. Each party shall undergo random dru`, and;'or alcohol testing ..within 24 hours of the request of the other party. The party requesting the drug test shall be responsible to pay the costs thereof in ad\ tnce. In the event ol'a positive test result. the party testing positive shall reimburse the other party for the costs of the test within three (3) days. Both parties shall sign any necessary authorizations to enable the testing agency to release the drug/alcohol test results to the ether part%. Telephone contact between the parties solely to discuss arrangements or issues concerning the Children or to contact the Children by telephone shall not be deemed a violation of the Protection front -\huse Order dated June 10, 2009. 8. Within 60 days of receipt of the custody evaluator's written custody recommendations, counsel for either party or a party pro se may contact the conciliator to schedule an additional custody conciliation conference, if necessary. Also, either party may contact the conciliator to schedule an additional conciliation conference to review the custodial arrangements in the event of a positive drug,,'alcohol test result. 9. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent. the terms of this Order shall control. BY THE COURT. S E gar B. yley cc: John M. Glace, Esquire - Counsel for Father Krista M. Hamilton - Mother y 1x??y ,OSI[_ A R. HAMILTON Plaintiff VS. KRISTA M. HAMILTON D,?fendant Prior Judge:.ddgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19153-8. the undersigned Custody Conciliator submits the following report- 1. Thc'pertinent information concerning the Children who are the subjects of this litigation is as tollows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF TI lVior M. Harilton June 3, 2004 Father 1-exis S. Hamilton July 24. 2007 Father ?. A custody conciliation conference was held on Jule 7. 2009. with the following individuals in attendance: the Father. Joshua R. Hamilton. with his counsel. John M. Glace. Esquire. and the Mother. Krista M. Hamilton. who is not represented b% counsel in this matter. The parties agreed to entry of an Order in the form as attached. Uate ---t Dawn S. Sunday. Esquire" Custodv. Conciliator SEp 2 4 2008 Barbara Sumplo-Sullivm Esquirc Supr®e Court #32317 549 Bridge Street New Cumbe rLand, PA 17070 (717)774-1445 XOSHUA R HANULTON, Pwrdiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. KRISTA M.', HAMILTON, DefWan t : NO. 05-2033 CIVIL ACTION - LAW IN DIVORCE / CUSTODY ORDER A?9Q9=fi S?T?j1P, ATWN OF PAK=s ANTI) NOW, to wit, this a2L day of 2008, upon consideration of the attached Stipulation for Custody and on motion of Barbara Sumplc-Sullivan, Esquire, counsel for Plaintif& Joshua R Hamdton, it is hereby ordered, adjudged and deemed that the terms, conditions and provisions of the attached Stipulation for Custody dated September 11, 2008, are adopted: as an Comer of Court BY THE COURT, v.L111 1-? D. I --.,/ liu Bayley, JudW CWY FFOM AF.00RU ? ? lIAIII+I?It, l ? who ast mkt t? l at= at .=,i r*, Pa.. Barbara Sunn)le-SuEvan, PAquire Supreme Cmm #32317 549 Dridse Sweet New Cwnberiand, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff Y. KRISTA Nf. HAMILTON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 2033 CIVIL ACTION - LAW CUSTODY N C+1 q AND NOW this * sn day 06pggjay 2008, comes Plaintiff, Joshua R. Hamilton and Defendant, Knsta M. Hamilton, and asks the court to enter a custody order in accordance with the agreed upon teams. WHEREFORE, the parties are the natural parents of one minor child, Taylor Marie Hamilton (DOB: June 3,2004); WHEREFORE, the parties previously catered into an agreement dated May 4, 2005, which was eeed as as Order of Court dated May 5, 2005; WHO EFORE, presmtty, the parties dcairc to modify paragraphs 2 and 3 of the Order of Court dated May 5, 2005 and have agreed upon a schedule for the holidays; WHEkFFORE, the parties desire this modified parenting plan be entered as a Court Order; t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOSHUA R. HAMILTON, Ptlaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 05-2033 f KRISTA M. HAMILTON, CIVIL ACTION -LAW Defendant IN DIVORCE / CUSTODY i i ORDER ADOPTING STIPULATION OF PARTIES i ANb NOW, to wit, this day of , 2005, upon consideration of i the attached Stipulation for Custody and on motio Barbara Sumple-Sullivan, Esquire, i counsel for Plaintiff, Joshua R. Hamilton, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody dated May 4, 2005 are adopted as an Order of Court. BY THE COURT, , Judge h 0 Barbara Sumpie-Sullivan, :squire Supreme Court #37317 549 Bridge Street New Cumberland, PA. 17070 (717) 774-1445 JOSHUA R. HAMILTON, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05 - 203 3 KRISTA M. HAMILTON, CIVIL ACTION -LAW :Defendant CUSTODY STIPULATIQN REGARDING CUSTODY AND NOW this 4`h day of May, 2005, comes Plaintiff, Joshua R. Hamilton and Defendant, Krista M. Hamilton, and asks the court to enter a custody order in accordance with !the agreed upon terms. 1)' The parties shall share legal custody of their child, Taylor Marie Hamilton (DOB: (June 3, 20104). 2) Plaintiff, Joshua R. Hamilton shall have primary physical custody of the child and Naylor shall remain in the custody of her father residing at 110 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3) Until further order of court, Defendant shall have visitation with the child as Olows: a) Each and every Saturday and Sunday, and b) Such other times as the parties arrange and agree. 4) Defendant agrees that she will not remove the child, Taylor Marie Hamilton, from the residence of 110 North Enola Drive, Enola, Cumberland County, Pennsylvania unless specific permissi(in is granted by Plaintiff. 5) The parties agree that this Stipulation shall be entered as an Order of Court, The Emergency Relief Petition scheduled for Friday, May 6, 2005 before the Honorable Edgar B. Bayley will be cancelled. It is further agreed that the Custody Conciliation scheduled for Friday, June 3, 2005 will also be cancelled. The parties, intending to be legally bound, do agree to the above and to entry of a court order, incorporating the terms of this Agreement. SIGNED, SEALED AND DELIVERED IN TAE I PRESENCE OF: tx << z hua R. Hamilton Krista M. Hamilton 2 December 251' and Father shell have custody of the minor child from 1:00 p.m. December 251` until 5:00 p.m. December 261i. In even numbered years, Father shell have custody of the minor child from 9:00 a.m. December 24' until 1:00 pm. on December 25* and Mother shall have custody of the minor child from 1:00 p.m. on December 2511 until 5:00 p.m. December 26'x. c. Easter: In odd numbered years, Mother shall have custody of the minor child from 5:00 p.m. the day before Easter thmugh 2:00 p.m. Easter Day and Father shall have custody of the minor cold from 2:00 p.m. Faster Day until Monday morning to school or 10.-00 a m in the eve it there is no school. In even numbered years, this schedule shall reverse between the parties. d. Nother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. e. New Nears' Day, MemorkA Day, Fourth of July and Labor Day. The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. Father shall have New Year's Day and Fourth of July in even years and Mother shall have Mere mial Day and Labor Day in even years. In odd yes, diis ximukde shall navecse and Mother shall have New Year's Day and Fourth of July and Father "have Memorial Day and Labor Day. 4) The parties agree that this Stipulation shall be entered as an Order of Court. The parties, intending to be legally bound, do agree to the above and to entry of a court order, incorporating the terms of this Agreement. SIGNED, $EAI,ED AND DELIVERED IN THE 1 SENCE OF: WTTNFSSED: J R..Hsmilton Krlata K HwAton 3 D JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVAW +h? rn c ? V. rrl 2005-2033 CIVIL ACTION LAW -? -,-? eJ) ?Tr - O r-jn r? KRISTA M. HAMILTON IN CUSTODY' c DEFENDAN T CD ORDER OF COURT AND NOW, Friday, June 10, 2011 , upon consideration of the attached Compla int, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at __ 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 06, 2011 at 2:00 PM 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/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C ra?iAd /Ap All p? ^9i J /a JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAIIV- - r n vs. Zrn 2005-2033 CIVIL ACTION LAW r "a ? -< w m KRISTA M. HAMILTON r -?= -' Defendant IN CUSTODY x- W c? r*, c.n ? ORDER OF COURT -a AND NOW, this t J _ l day of Ty? , 2011, upon T consideration of the attached Custody Conciliation Report, it is ord red and directed as follows: The prior Orders of this Court dated October 14, 2010, December 29, 2009 and July 13, 2009 shall continue in effect as modified by this Order. 2. Pending the evaluation required by this Order and further Order of Court or agreement of the parties, the Mother's periods of custody with the Children shall be supervised at the YWCA or at another appropriate supervising agency. The Mother shall be responsible to make the arrangements for the supervised periods of custody with the agency and shall advise the Father of the dates and times available. The Father shall cooperate with the Mother in scheduling and making the Children available for regular periods of supervised custody. 3. The Mother shall obtain an evaluation by a qualified professional to determine whether the Mother poses a threat of harm to the Children and whether counseling is necessary to address the conduct posing the threat. If counseling is determined to be necessary, the Mother shall make arrangements for the counseling with a qualified professional. 4. The Mother shall provide her current address to the Father and both parties shall ensure that the other party has his or her current address and telephone number on an ongoing basis. The Father shall make a reasonable effort to contact the Mother for purposes of consultation and decision making affecting the Children. The Mother may file a Petition to schedule an additional custody conciliation conference to review the custodial arrangements. cc: John M. Kerr, Esquire - Counsel for Father Gary L. Kelley, Esquire - Counsel for Mother evro5 lka.lezW 7?/Yfe? ,elle JOSHUA R. HAMILTON Plaintiff VS. KRISTA M. HAMILTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2033 CIVIL ACTION LAW Defendant : IN CUSTODY Prior Judge: J. Wesley Oler, Jr. 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 subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Taylor Hamilton June 3, 2004 Father Lexis Hamilton July 24, 2007 Father 2. A custody conciliation conference was held on July 6, 2011, with the following individuals in attendance: The Father, Joshua R. Hamilton, with his counsel, John M. Kerr, Esquire. Neither the Mother, Krista M. Hamilton, nor her counsel of record, Gary L. Kelley, appeared for the conference. It should be noted that Gary Kelley contacted the conciliator's office on the preceding day leaving a telephone message advising that neither he nor his client had been served with notice and that he would not be available to attend. The conciliator left a return message advising that he should contact the other attorney to address the situation. 3. John Kerr, the Father's counsel, advised the conciliator at the time of the conference that he had not received a contact from Gary Kelley requesting that the matter be rescheduled. The Father's counsel did provide a return receipt proof of service with the Mother's signature indicating that she had been served by certified mail. The Father's counsel indicated that both the Petition for Modification and the notice of the conference had been mailed to the Mother in the certified mail. The Father's counsel advised that he served the Mother directly because he had not received a definitive answer from the Mother's prior counsel as to whether he was continuing to represent the Mother. 4. The conciliator attempted to contact the Mother by telephone during the conciliation conference using the number that the Father had for the Mother but was advised by the answering party that it was a wrong number. 5. The Father filed this Petition to Modify seeking sole legal and supervised periods of partial custody for the Mother. Under the prior orders of this Court dated October 14, 2010, July 13, 2009 and December 29, 2009, the Father has primary physical custody of the Children and the Mother has partial physical custody on two weekdays and one overnight per week, which are restricted to the maternal grandfather's residence. The Father advised that the Mother had two prior DUIs but that his concerns related to the Mother's consumption of alcohol have recently intensified significantly. According to the Father and his counsel, the Mother appeared at a support contempt hearing before Judge Guido on March 22, 2011 in such an intoxicated state that court officials reported that they could not understand her speech. The Father and his counsel further advised that the Mother was arrested in Susquehanna Township on June 19, 2011 for public drunkenness. 6. Based on the prior DUI convictions, the recent court appearance in an intoxicated condition and the June 19, 2011 public drunkenness charge, the Father requested that the Mother obtain an evaluation, and counseling if deemed necessary, pursuant to the custody law before having contact with the Children in an unsupervised capacity. The Father requested that supervised visitation take place at the YWCA pending the results of an evaluation. 7. Based upon the representations made by the Father and his counsel at the conciliation conference and the fact that the Mother did not appear for the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. z r,?G' l Date Dawn S. Sunday, Esquire Custody Conciliator JOSHUA R. HAMILTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2033 V. KRISTA M. HAMILTON, Defendant CIVIL ACTION -LAW IN DIVORCE DEFENDANT KRISTA M. HAMILTON'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): [ ] (a) I do not oppose the entry of a divorce decree. [.Kb) I oppose the entry of a divorce decree because (Check [i], [ii], or both: ea The parties to this action have not lived separate and apart for a period of at st two years. (ii) he marriage is not irretrievably broken. 2. Check either (a) or (b): [ ] (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. j,'<(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Krista M. Hamilton, Defendant /4 Z?? 9 ? JOSHUA R. HAMILTON, Plaintiff/Respondent VS. KRISTA M. HAMILTON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-2033 CIVIL TERM IN DIVORCE PACSES CASE: 588111971 ORDER OF COURT ?- c- CD r r? ?.a AND NOW, this 24th day of May, 2012, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on June 26, 2012 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. CC361 If you fail to appear for the conference or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim order. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the action. BY THE COURT, Date of Order: May 24, 2012 Edward E. ur o, ?•. ' Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 32 S. BEDFORD ST. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of 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 at:. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference. JOSHUA R. HAMILTON IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-203305 -,4-- -- KRISTA M. HAMILTON cnN) ter' Defendant cn C3 e-- T 33- '77 ,r MOTION FOR APPOINTMENT OF MASTER Joshua R. Hamilton, Plaintiff, moves the Court to appoint a Master with respect to the following claims: ( X ) Divorce (X) Alimony and in support of the motion states: ( X ) Distribution of Property ( ) Attorney Fees and Costs 1. Discovery is complete as to the claim(s) for which the appointment of the Master is requested. 2. The Defendant has appeared in the action by her attorney Gary L. Kelley, Esquire. 3. The Statutory basis for divorce is 23 Pa C.S.A. & 3301 (d) . 4. Delete the inapplicable paragraph(s) . The ....-. . L-- L,...« ..o.,,.l, None c. The action is contested with respect to the following claims: Alimony & Distribution of Property 5. The action does not involve complex issues of law/fact. 6. The Hearing is expected to take one half day. 7. Additional information, if any, relevant to the motion: None Date: May 23, 2012 hn M. Kerr, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, 20 , Esquire, is appointed Master with respect to the following claims: Divorce and all the claims raised in the action. By the Court, J. y i CERTIFICATE OF SERVICE I, John M. Kerr, Esquire, hereby certify that I am this day serving the foregoing Motion for Appointment of Master upon the following named individual this day depositing same in the United States Mail, First Class, postage pre-paid, at Mechanicsburg, Pennsylvania addressed as follows: GARY L. KELLEY, ESQUIRE 3117 CHESTNUT STREET CAMP HILL, PA 17011 John . Kerr, Esquire Attorney ID# 26414 John Kerr Law, P.C. 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE n r`' KRISTA M HAMILTON NO. 05-2033 CIVIL TERM IN DIVORCE - . , , Defendant/Petitioner PACSES Case No: 588111971 N -J ORDER OF COURT r t -4 p En r -c AND NOW to wit, this 26th day of June, 2012, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Respondent having the care and custody of the parties' two children, the Petitioner's obligation for child support for the parties' two children under PACSES #046111312 being suspended, the Respondent having an obligation for support for another child that is in his care and custody, and the Respondent making mortgage payment on the marital home. The Respondent is to maintain medical insurance coverage on the Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E. G J. DRO: R.J. Shadday xc: Petitioner Respondent Gary L. Kelley, Esq. John M. Kerr, Esq. Form 0E-001 Service Type: M Worker: 21005 JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS C) N Plaintiff CUMBERLAND COUNTY, PENNSYLVAN MW z -` V. NO. 2005-2033 CIVIL ACTION LAW Z;* r- r KRISTA M. HAMILTON, <c Defendant >C-) x 3 <` PETITION FOR WITHDRAWAL OF APPEARANCE =; AND NOW, comes the undersigned, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Petitioner is Gary L. Kelley, counsel for Defendant. 2. On or about March 15, 2013, the Defendant informed the Petitioner that she no longer wished to have him represent her. 3. Based upon this and other contacts, the undersigned avers that the attorney-client relationship is irrevocably damaged. 4. The Defendant informed counsel that she does not oppose the filing of this Petition. 5. Opposing counsel, John M. Kerr, Esq., does not oppose this Petition. 6. As the undersigned has been informed by the Defendant that she no longer wished for him to represent her, the Petitioner is unable to continue as counsel on behalf of the Defendant. 7. It is in the best interests of justice that this Honorable Court grant the Petitioner's request. WHEREFORE, based upon all of the foregoing, the Petitioner, Gary L. Kelley, respectfully requests that this Honorable Court issue an Order permitting the Petitioner to withdraw his appearance in the instant matter for all of the reasons set forth herein. Respectf lly su itted, Gary . Kell y ID o. 468 3117 estnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant JOSHUA R. HAMILTON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-2033 CIVIL ACTION LAW KRISTA M. HAMILTON, Defendant CERTIFICATE OF SERVICE I, GARY L. KELLEY,Esquire,Petitioner in the above-captioned matter, do hereby certify that I served a true and correct copy of PETITION FOR WITHDRAWAL OF APPEARANCE on the Defendant and John M. Kerr, Esq., on the 20th day of March, 2013 by First Class U.S. mail, postage prepaid, addressed as follows: Krista Hamilton 1300 Third Street, Apt. B Enola, PA 17025 John M. Kerr, Esq. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 LAW OFFICES OF GARY L. KELLEY GAV L.PEILEY, E q re 1.D. #4fO 1 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Attorney for Defendant VERIFICATION I verify that the statements made in this Petition 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. JOSHUA R. HAMILTON, 'gyp Plaintiff GOO V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT KRISTA M. HAMILTON, Defendant 2005-02033 CIVIL TERM IN RE: PETITION FOR WITHDRAWAL AS COUNSEL ORDER OF COURT AND NOW, this 25th day of March 2013, upog consideration of the Petition for Withdrawal as Counsel, and it appearing that both Defendant and Plaintiff's counsel, John M. Kerr, Esq., are not opposed to the relief requested, fhb petition is GRANTED and Gary L. Kelley, Esq. is permitted to withdraw his appearance on behalf of Defendant in the above-captioned case. BY THE COURT, Thomas A. Placey C.P.J. Distribution: a Gary L. Kelley, Esq. 3117 Chestnut Street Camp Hill, PA 17011 /Krista Hamilton ch 1300 Third Street, Apt. B c Enola, PA 17025 m= = �, v"John M. Kerr, Esq. r � 5020 Ritter Road, Suite 104 r- `r' CD <ca _T1 Mechanicsburg, PA 17055 _D C a� es n1a led 3�a sr1 �_ , i 9