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HomeMy WebLinkAbout06-2453 NICHOLE D. HAMMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06- ;)..4"0 CIVIL TERM ERIC F. HARHIGH, Defendant CUSTODY COMPLAINT FOR CUSTODY I. Plaintiff is Nichole D. Hammaker, hereinafter referred to as Mother. Mother resides at 191 Enola Street, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Eric F. Harhigh, hereinafter referred to Father. Father resides at 4174 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Nicholas A. Hammaker 191 Enola Street Enola, P A 17025 Age 1/6/06 DOB; 3 mths old Nicholas was born out of wedlock 4. Nicholas is in Mother's custody. During his lifetime, Nicholas has resided with the following persons and at the following addresses: Name Address Date Nichole Hammaker Dwain Hammaker Debbie Hammaker Michelle Hammaker Che]sey Hammaker 191 Enola Street Enola, PAl 7025 birth - present 5. Mother currently resides with the following persons: Name Relationship Dwain Hammaker Nichole's Father Debbie Hammaker Nichole's Mother Michelle Hammaker Nichole's Sister Chelsey Hammaker Nichole's Sister 6. It is believed that Father lives with the following persons: Name Relationship Jean Harhigh Eric's Mother 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Nicholas in this or another court. 8. Mother has no information of a custody proceeding concerning Nicholas pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Nicholas or claims to have custody or visitation rights with respect to Nicholas. 10. The best interest and permanent welfare of Nicholas will be served by granting the relief requested for reasons including, but not limited to the following: a. Mother is presently able to provide for Nicholas by giving him a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs and she has done so since Nicholas was born. b. Mother lives with her immediate family and all members are willing and able to provide child care, emotional support, and ongoing assistance to Mother and Nicholas. c. Since Nicholas was born, Mother has been the parent responsible for his daily needs and has done so without assistance from Father. d. Since Nicholas was born, Father has seen him on two occasions. The first time was at a Domestic Relations paternity determination and Father did not approach Nicholas or ask to hold him. The second visit was for a short period of time at Mother's home and under Mother's supervision. e. Nicholas has several medical problems that require close attention and constant supervision. Since Father does not know how to provide appropriate care for these conditions Mother fears that he would be unable to have Nicholas in an unsupervised situation. f. Nicholas has a number of allergies that Father is not aware of due to his lack of involvement over the past three months. This adds to Mother's concerns regarding Father having unsupervised visits with Nicholas until he has developed a more significant relationship and familiarity with Nicholas's medical problems and allergies. 11. Father has not acted in Nicholas's best interests in ways including but not limited to the following: a. Throughout Mother's pregnancy, Father continually denied that Nicholas was his child. Upon proof through DNA testing, Father still threatened to fight the finding of paternity. To date, Father has provided diapers and formula on one occasion to help care for Nicholas. b. Father has seen Nicholas on only two occasions and has not attended any medical appointments with Nicholas despite Mother advising him of scheduled appointments. c. Father's failure to participate in medical appointments results in his inability to properly care for Nicholas in light of his medical problems and various allergies. d. Father has made threats to take Nicholas from Mother. Father drives cross country between Pennsylvania and California and is often gone for one (1) to three (3) weeks at a time and Mother believes that if given the opportunity, Father could carry out his threat. 12. Every person with rights to custody or having actual physical custody of Nicholas has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Nicholas. 2. That Mother shall have primary physical custody of Nicholas. 3. That Father shall initially have periods of visitation supervised by the paternal grandmother. 4. That upon demonstration that Father can effectively care for Nicholas, address his medical problems, and strictly adhere to requirernents to prevent allergic reactions, Father's periods of visitation shall increase to unsupervised daytime visits and then to an overnight visit during the time that Father is home from his trucking route. 5. That the non-custodial parent shall have reasonable telephone contact with Nicholas while he is with the other parent. 6. That the parties shall have an appropriate holiday schedule to share the holidays with Mother having the first part of the day until 5:00 p.m. and Father having the second part of the day until 9:00 p.m. 7. Any other relief this Court finds just and equitable. itted, VERIFICATION The above-named PLAINTIFF, Nichole D. Hammaker, verifies that the statements made in the above COMPLAINT FOR CUSTODY are true and correct. plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: (~')ll ( ~Lc I fic I2ILY1t:!"&4)!nt1.10&/( ; NicholelD. ammaker NICHOLE D. HAMMAKER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 06- CIVIL TERM ERIC F. HARHIGH, Defendant CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Eric F. Harhigh with a Complaint For Custody on May 2, 2006 by certified mail, return receipt, restricted delivery, to the person and address below: Eric F. Harhigh 4174 Nantucket Drive Mechanicsburg, P A 17050 I, Jessica Holst, verify that the statements made in this Affidavit of Service are tme 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: /fv, .;:z ;Z 00(.0 / Signature: o NICHOLE D. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.06- C}.lJ!;j CIVIL TERM ERIC F. HARHIGH, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Nichole Hammaker, Plaintiff, to proceed in forma pauperis. I, Jessica Holst, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessi Mi e Legal Services 40 I East Louther Street Carlisle, PA 17013 (717) 243-9400 NICHOLE D. HAMMAKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-2453 CIVIL ACTION LAW ERIC F. HARHIGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, May 04, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumherlaud County Courthouse, Carlisle on Thursday, June 08, 2006 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin!!. FOR THE COURT. By: Isl Tacqueline M. Vemev, Esq. Custody Conciliator 4F- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation 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 ] 7013 Telephone (717) 249-3166 . ~ ~ Jr --:~ 4; '}05-5 .h Z ~ ry!l1A 90'5-~ ;.s--r- 1:- ~ -~ --F?; ")(;-f'-? \1INI1^lASNN3d AlNnO"') (1'.;~"'Y. ~.I:l'"'''''''''''I ~ ,^' ;<) ,'" r'il tV 9Z:CWd S-AVW900Z ABVl0NOl-i.lOcd 3Hl dO 3Cll:Ho-G31l:l NICHOLE D. HAMMAKER, Plaintiff ~:\:"~~~ZOO~,J I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. V. : NO. 2006-2453 CIVIL ACTION - LAW ERIC F. HARHIGH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this }1 ~ day of , 2006, upon consideration of the attached Custody Con iliation Report, it is ordered and directed as follows: 1. The Mother, Nichole D. Hammaker and the Father, Eric F. Harhigh, shall have shared legal custody of Nicholas A. Hammaker, born January 6, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofPa.C.S. S5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back -to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. custody: Father shall have the following phased in periods of partial physical A. Beginning June 17, 2006 six consecutive Saturdays, the first three to be supervised by paternal grandmother from 8:00 a.m. to 2:00 p.m. and the next three to be unsupervised from 8:00 a.m. to 4:00 p.m. B. Thereafter, three alternating Saturdays from 8:00 a.m. to Sunday at 9:00 a.m. " C. Thereafter, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Beginning the summer of 2007, Father shall be entitled to physical custody of the child for two non-consecutive uninterrupted weeks in the summer, provided he give Mother 30 days prior notice. 5. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody ofthe child on Father's Day, both at times as agreed by the parties. B. Thanksgiving and Easter: Mother shall always have physical custody ofthe child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the child from 3 :00 p.m. to 9:00 p.m. C. Christmas: Mother shall always have physical custody of the child until 5:00 p.m. on Christmas and Father shall always have physical custody of the child from Christmas Day at 5 :00 p.m. to December 26 at 5:00 p.m. D. Birthdays: Each party shall have a block of time with the child on their birthdays and on the child's birthday 6. Transportation shall be shared such that the receiving party shall transport. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother> - J: Bradley A. Winnick, Esquire, Counsel for Father f-ta, (~ \O-KI-a J . ~.,.~ r'".,;: 1';,,11,", 'V~J hJ L 1'1 : 1/ U~ 61 r.:nr 90az v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2453 NICHOLE D. HAMMAKER Plaintiff ERIC F. HARHIGH Defendant CIVIL ACTION-CUSTODY PETITION FOR CONTEMPT AND NOW, comes Eric Harhigh, by and through his attorney, Angelica L. Revelant, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Contempt, and in support thereof, avers as follows: 1. Petitioner is Eric Harhigh (hereinafter "Father"), the Defendant in the above- referenced matter, who is represented by undersigned counsel, Angelica L. Revelant, Esquire, and who resides at 4174 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent is Nichole Hammaker (hereinafter "Mother"), the Plaintiff in the above-referenced matter, who was represented by Jessica Holst, Esquire, and is believed to reside at 743 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties have one minor child: Nicolas A. Hammaker, born January 6, 2006. 4. An Original Custody Order was granted on June 19,2006, at which time the parties reached an agreement regarding custody. The Order dated June 19,2006 is attached hereto, incorporated herein, and marked as Exhibit "A." 5. The Order grants the parties shared legal custody, Mother primary physical custody and Father partial physical custody on alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 7. The Order further provides that transportation is to be shared with the party receiving custody bearing the burden of transportation. 8. Mother has willfully failed to abide by the Custody Order dated June 19,2006 in the following manner: (a) Mother has willfully and repeatedly refused to provide the doctor's name and address to Father so that he may obtain information about well visits; (b) Mother refuses to provide Father dates and times of doctor visits so that he may attend; (c) Mother refuses to provide Father with information related to doctor visits, requiring Father to request medical records in order to be informed regarding his son's shots and well visits; (d) Upon Father's repeated requests for doctor information, Mother indicates that Father "has no rights and she has full custody" or "she does not have the information and will call him back" but refuses to call back; (e) On July 2, 2006, Father was informed by Mother's aunt that the minor child stopped breathing while the aunt was caring for the child. EMS was called and resuscitated the child and Mother refused to take the child to the hospital or for a follow-up doctor visit to determine the cause and failed to notify Father or provide Father any information regarding the child's welfare following this incident; (t) Father repeatedly insisted that the child be taken to the physician at which time Mother initially refused, but took the child for a follow-up visit on July 3,2006 but did not provide Father notice of the visit; (g) Father was informed that Mother was feeding the child Stage 2 baby food at three (3) months, which caused the child to have constipation and other digestive issues; Mother refused to have the child checked despite Father's indication that he was informed by the doctor that Stage 2 food at three months was too early and could cause digestive problems; (h) For Father's custodial periods, the child consistently arrives unbathed, unfed, with dirty clothes and a full diaper, and on most occasions a serious diaper rash, to which Mother refuses to attend to despite Father's repeated requests; (i) In November 2006, Mother moved to a new apartment and refused to provide her new address and phone number to Father; Father eventually obtained her new address from her mother; G) Mother has failed to share the burden of transportation, requiring Father to transport the child to Mother's residence on numerous and repeated occasions; (k) Mother has on several occasions threatened to withhold custody of the child during Father's custodial periods claiming "he has no rights to the child" and "he does not deserve rights to the child" or "he should just sign over his rights."; (I) On October 22, 2006, Mother requested to have time with the child from 12:00 p.m. until 4:00 p.m. during Father's custodial weekend, so the child could attend a birthday party. Father agreed and Mother picked up the child, but refused to return the child at 4:00 p.m. for Father's remaining custodial period; (m) On January 9, 2007, Mother contacted Father requesting the insurance information because the child was behind in his shots, to which Father replied that he wanted the doctor's information; Mother refused again to provide the doctor's information; and (n) Mother refuses to notify Father or provide Father information regarding who is caring for the child while Mother is working, including name, address and telephone number of daycare providers. 9. Father believes and therefore avers that Mother should be held in contempt for her willful violations of the custody order, by failure to provide medical information, failure to provide notice of doctor visits, failure to share transportation and by not properly caring for the child while he is in her care. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant the following relief: A. Mother be adjudicated in contempt of Court; B. Mother be required to pay Father for counsel fees for the preparation and presentation of the within Petition including counsel fees for attending any hearing on said Petition; C. Mother be required to cooperate with Father in selecting a treating physician for the minor child and sign all documentation to allow Father access to medical records and consent forms regarding who is permitted to bring child to visits; D. Mother shall provide Father at least twenty-four hours notice of any scheduled doctor's visits and shall notify Father immediately in case of emergency visits to hospital or physician. E. Mother shall provide Father with her current phone number and address at all times; F. Mother shall provide Father with name, address and phone number of any and all daycare providers and/or the name, address and telephone number of any person with whom the child is left for a period in excess of twenty-four (24) hours; G. If Mother continues to willfully disobey the Custody Order, Father should be granted primary custody of the minor child, with Mother having partial physical custody. H. Any other relief the court may deem appropriate. Respectfully submitted, Date: l/soj07 By: f!~rtlf/~-~ Angelic .... . Revelant, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 J.D. #202759 ,~ /. -t<.c~, ,:.:,' ': "~: .' .. .._'! / I JUN 15 2006 I L:,;' :.- . . .:.J I' ---o...::.~-.;...-_. ".....'_'-_____ .-~----; NICHOLE D. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2453 CIVIL ACTION - LAW ERIC F. HARHIGH, Defendant IN CUSTODY ORDER OF COURT . AND NOW, this If" day of , 2006, upon consideration of the attached Custody Con iliation Report, it is ordered and directed as follows: 1. The Mother, Nichole D. Hammaker and the Father, Eric F. Harhigh, shall have shared legal custody of Nicholas A. Hammaker, born January 6, 2006. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms ofPa.C.S. 95309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. Mother shall have primary physical custody of the child. 3. custody: Father shall have the following phased in periods of partial physical A. Begi1ll1ing June 17, 2006 six consecutive Saturdays, the first three to be supervised by paternal grandmother from 8:00 a.m. to 2:00 p.m. and the next three to be unsupervised from 8:00 a.m. to 4:00 p.m. B. Thereafter, three alternating Saturdays from 8 :00 a.m. to Sunday at 9:00 a.m. / I i A C. Thereafter, alternating weekends from Friday at 6:00 p.m. to Sunday at 6:00 p.m. 4. Beginning the summer of 2007, Father shall be entitled to physical custody of the child for two non-consecutive uninterrupted weeks in the summer, provided he give Mother 30 days prior notice. 5. Holidays: A. Mother's Day/Father's Day: Mother shall have physical custody of the child on Mother's Day and Father shall have physical custody of the child on Father's Day, both at times as agreed by the parties. B. Thanksgiving and Easter: Mother shall always have physical custody of the child from 9:00 a.m. to 3:00 p.m. and Father shall always have physical custody of the child from 3 :00 p.m. to 9:00 p.m. C. Christmas: Mother shall always have physical custody of the child until 5:00 p.m. on Christmas and Father shall always have physical custody of the child from Christmas Day at 5:00 p.m. to December 26 at 5:00 p.m. D. Birthdays: Each party shall have a block of time with the child on their birthdays and on the child's birthday 6. Transportation shall be shared such that the receiving party shall transport. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. J. cc: Jessica Holst, Esquire, Mid Penn Legal Services, Counsel for Mother Bradley A. Winnick, Esquire, Counsel for Father TFIUE LOPV FROM RECORD ,.. T..htNl1Jwber8ot. I ... UII&O .. my haIJO 1?A1!i:!~~ NICHOLE D. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2453 CIVIL ACTION - LAW ERIC F. HARHIGH, Defendant : IN CUSTODY PRIOR JUDGE: None 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 Child who is the subject of this litigation is as follows: NAME DA TE OF BIRTH CURRENTL Y IN CUSTODY OF Nicholas A. Hammaker January 6, 2006 Mother 2. A Conciliation Conference was held in this matter on June 13, 2006, with the following in attendance: The Mother, Nichole D. Hammaker, with her counsel, Jessica Holst, Esquire, and the Father, Eric F. Harhigh, with his counsel, Bradley A. Winnick, Esquire. ~ -'. The parties agreed to an Order in the form as attached. (p -I t{ -Of Date "~ A I tf' ac eline M. Verney, Esquire Custody Conciliator v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2453 NICHOLE D. HAMMAKER Plaintiff ERIC F. HARHIGH Defendant CIVIL ACTION-CUSTODY VERIFICATION I, Eric Harhigh, hereby affirm that the facts contained in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: (j /:2.5 /:;. DO 7 / Eric Harhigh, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2453 NICHOLE D. HAMMAKER Plaintiff ERIC F. HARHIGH Defendant CIVIL ACTION-CUSTODY CERTIFICATE OF SERVICE I, Angelica L. Revelant, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Jessica Holst, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Nichole Hammaker 743 Colonial Court Mechanicsburg, P A 17055 WILEY, LENOX, COLGAN & MARZZACCO P.C. Date: 1/3 () / () 7 I By: ~.Ku~ Angel L. Revelant, Esquire 130 W. Church Street Dillsburg, P A 17019 (717) 432-9666 (Attorney for Petitioner) (J .ul ?V 7l lr\ t- O' . \') - -...0 %J ~ ~ '" ~ w D ).J X- - C) <.;: c_._. ,- -, r-.;) ~ ;..-J <- :::;i ;:W' rD ;g % 4::J \~.:n v.) -.n '-.,J - -0 :;,t; ~ o -n '::;\ (i', ?".') .~~,:.-: ~~.\\ ~; ~ v) .- NICHOLE D. HAMMAKER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 06-2453 CIVIL ACTION LAW ERIC F. HARHIGH DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 01, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, February 20, 2007 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 detlne and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and 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: Isl Jacqueline M. Vemev. Esq-------1l...t!1 Custody Conciliator fJ" , The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of I990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the cOUl1, 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 HA VE 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 'd- 4.--fl Jr~~~ P-,b~im2~ ~U; ~ ~7 /~ ~v I-??J 62 :8 Ud Z- 83.:1 LGOZ :JHl .:lO :1~]L;[C>' LFJl8 (O'~-e (<7- -e- ~ (o'e-C t . FEB J 1 2007 &r{ ) NICHOLE D. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2453 CIVIL ACTION - LAW ERIC F. HARHIGH, Defendant IN CUSTODY ORDER OF COURT AND NOW, this , 7~ day of f~ ,2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Father's Contempt Petition shall be held in abeyance. 2. The prior Order of Court dated June 19, 2006 shall remain in full force and effect with the following additions. 3. The parties shall notify each other of all scheduled doctor's appointments for the child at least one week in advance. 4. In the event that a non-emergency doctor's appointment is made, for example if the child has a cold, flu, fever, rash or the like, the parties shall notify each other at least 24 hours in advance if possible. 5. In the event that the child is taken for emergency medical treatment, the custodial parent shall notify the non-custodial parent as soon as possible of the emergency and the nature thereof. 6. Each parent shall keep the other apprised of all medical treatment that the child receives. 7. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. 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. " - Edward E. Guido, J. cc:Lgelica L. Revelant, Esquire, Counsel for Father ~~ Adams, Esquire, Counsel fer Mother / \:;':l\\(l'~)\S;\Jt\!:-3 d I I ~ 1(",:-,'-' ;-,... .-.-:'.In" I\..it\i p,. . "':>""~::if1' v € 0:9 WV 82 83.:1 toOl .. AtN10NOH10bJd 3Hl :10 301:l:l0-'G31I~ ~ . NICHOLE D. HAMMAKER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-2453 CIVIL ACTION - LAW ERIC F. HARHIGH, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas A. Hammaker January 6, 2006 Mother 2. A Conciliation Conference was held in this matter on February 20, 2007, with the following in attendance: The Father, Eric F. Harhigh, with his counsel, AngelicC'. L. Revelant, Esquire, and the Mother, Nichole D. Hammaker, with her counsel, Jane Adams, Esquire. 3. The Honorable Edward E. Guido entered a previous Order of Court dated June 19,2006 providing for shared legal custody, Mother having primary physical custody and Father having partial physical custody on alternating weekends and holidays. 4. The parties agreed to an Order in the form as attached. ~-~/-o" Date /0l.L acq line M. Verney, Esquire Custody Conciliator