HomeMy WebLinkAbout06-4948
.
Kathleen Misturak-Gingrich, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
kClinClrichteldzCllaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
STEVEN E. HAMMAKER,
Plaintiff
No.OI.- '191ft' (Civil Tenn)
v.
CIVIL ACTION - LAW
JOANNE HAMMAKER,
Defendant (In Custody)
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint for Partial
Custody and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the Petition or
for any other claim or relief requested by the Petitioner. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORlH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
DALEY, ZUCKER & GINGRICH, LLC
Date: ~ lJ,?o( By: ~tA-... ^,"a~_
Kathleen Misturak-Gingrich, .....
Attorney 1.D. No. 41682
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attomeys for Plaintiff
.
NOTICIA
Le han dernando a usted en la corte. Si usted quiere defenderse de estas dernandas
expuestas en las paginas siguientes, usted tiene (20) dias de plazo a1 partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por
abogado y archiver en la corte en forma escrita sus defensas 0 sus objeciones a las dernandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tornara rnedidas u puede
entrar una orden contra usted sin previo aviso 0 notificacion y por cualguir queja 0 alivio que es
pedido en la peticion de dernanda. Usted puede perder dinero 0 sus propiendades 0 otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SINO IlENE EL DINERO SOFICIENTEDE PAGAR TAL SERVICO, VAYA
EN PERSONAL 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRlTA ABAJO PARA AVERlGAUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717)249-3166
Date: ~ I U1tJJ.
DALEY, ZUCKER & GINGRICH, LLC
By: J~Y"-.a.r'h-->-__
~thleen Misturak-Gingrich, Esquire
Attorney l.D. No. 41682
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Plaintiff
.
Kathleen Misturak-Gingrich, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
kQinQrichaildzQlaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN E. HAMMAKER,
Plaintiff
No.Dt. - ~q 1
(Civil Term)
v.
CIVIL ACTION - LAW
JOANNE HAMMAKER,
Defendant
(In Custody)
COMPLAINT FOR PARTIAL CUSTODY
AND NOW, this ~ay of August, 2006, comes Plaintiff, Steven E. Hammaker, by
and through his attorneys, Daley, Zucker & Gingrich, LLC, and files the following Complaint for
Partial Custody and in support thereof avers as follows:
1. The Plaintiff is Steven E. Hammaker, residing at 1001 Rupley Road, Apartment
105, Camp Hill, Cumberland COWlty, Pennsylvania, 17011.
2. The Defendant is Joanne Hammaker, residing at 313 5th Street, Summerdale,
Cumberland COWlty, Pennsylvania, 17025.
3. The Plaintiff seeks partial custody of the following children:
Name
Address
Age
Dalton Hammaker
Dylan Hammaker
313 5th St., Summerdale
313 5th St., Summerdale
15 (DOB 5/15/1991)
11 (DOB 1/13/1995)
4. The children were not born out of wedlock.
.
5. The children are presently in the custody of Joanne Hammaker, who resides at 313
5th Street, Sumrnerdale, Pennsylvania.
6. During the past five (5) years, the children have resided with Joanne Hammaker at
the above mentioned address.
7. The mother of the children is Joanne Hammaker, currently residing at the above
mentioned address. She is married.
8. The father of the children is Steven E. Hammaker, currently residing at 1001
Rupley Road, Apartment 105, Camp Hill, Cumberland County, Pennsylvania, 17011. He is
divorced.
9. The relationship of the Plaintiff to the children is that of Father. The Plaintiff
currently resides with the following person:
Name Relationshio
Dean Lategan Partner
10. The relationship of the Defendant to the children is that of Mother. The Defendant
currently resides with the following person:
Name Relationshio
Gregory A. Quigley Husband
11. The Plaintiff has not participated as a party or witness, or in any other capacity, in
other litigation concerning the custody of the children in this or another court.
12. The Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or any other state.
13. The 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.
14. There is currently a Marriage Settlement Agreement between the parties which
provides in pertinent part at Section 5 that "The parties agree that the parties shall share legal
custody of their children [Dalton and Dylan]. Primary physical custody shall be with Wife, with
Husband to have partial physical custody as hereinafter set forth." A true and correct copy of
said Marriage Settlement Agreement is attached hereto as Exhibit "A" and incorporated by
reference.
15. Therefore, the Marriage Settlement Agreement sets forth a "minimum" schedule
for partial custody of the children with Petitioner.
16. Mother has interfered with Father's partial custody and had engaged in significant
child alienation due to the fact that the Father is a homosexual engaged in a stable, monogamous
relationship on a long term basis.
17. Mother has filed a Petition for Involuntary Termination of Parental Rights to
permit her current husband to adopt these children and has declined to make the children available
for the purpose of professional counseling with their Father to permit him to determine, with
professional assistance, what is in the children's best interest respecting the proposed adoption.
18. An informal request by counsel for Petitioner was made to counsel for Respondent
to permit this professional counseling between the Father and children to occur; however, the
request did not provide a positive response.
19. The best interest and permanent welfare of the children will be served by granting
the relief requested because:
.
a.) It will allow the Plaintiff to meet with his children from whom he has been
estranged for a continued period of time, due to alienation by the mother.
b.) It will permit the Plaintiff to meet with the children in a therapeutic
environment in order to assess whether the proposed adoption plan is in
their best interests.
20. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him partial
custody of the children, Dalton Hammaker and Dylan Hammaker.
Respectfully submitted,
DALEY, ZUCKER & GINGRICH, LLC
Date: ~U1b(,
By:
~~~
Kathleen Misturak-Gin c uire
Attorney 1.0. No. 4168
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Plaintiff
VERIFICATION
I, Steven E. Hammaker, verify that the statements made in this Complaint for Partial
Custody are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to authorities.
Date: '?r - /9 -OG
JI-~P-d,/
Steven E. Hammaker
..~ .../
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,../
MARRIAGE SETTLEMENT AGREEMENT
By and Between:
JOANNE HAMMAKER
-AND-
STEVEN HAMMAKER
Dated:
Exhibit "A"
/
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MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this
between Joanne C. Hammaker ("Wife")
Harrisburg, Pennsylvania.
day of , 1998, by and
AND - Steven E. Hammaker ("Husband"), at
WHEREAS, the parties hereto are husband and wife having been married on January 7,
j 989, at Bnola, Pennsylvania.
WHEREAS, two (2) children were born of this marriage; said children being: Dalton,
DOB 5/15/91, and Dylan DOB 1/13/95.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other including, without limitation by
specification: settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; settling of all matters between them relating to the past,
present and future support, alimony and/or maintenance of Wife by Husband or of Husband by
Wife; the implementation of custody/visitation arrangements for the minor children of the
parties; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties, Wife and
Husband, each intending to be legally bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce
pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times
hereafter have the right to live separate and apart from each other and to reside from time to time
at such place or places as they shall respectively deem fit, free from any control, restraint, or
interference whatsoever by the other. Neither party shall molest the other or endeavor to compel
the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing
provision shaH not be taken to be an admission on the part of either Husband or Wife of the
lawfulness or unlawfulness of the causes leading to their living apart.
2. Division of Property. Husband and Wife agree that the foHowing constitutes an
equitable distribution of the marital property.
A. The foHowing property shall become the sole and exclusive property of Husband:
1991 Pontiac Grand Am automobile or the proceeds therefrom, assorted household goods already
in his possession, and all personal property in his possession.
B. The following property shall become the sole and exclusive property of Wife:
j 990 Honda Accord, marital residence located at 313 Fifth Street, Summerdale, Cumberland
County, Pennsylvania, 1998 IIvud" AlOWld, household goods in her possession, and all personal
property in her possession.
C. The parties agree to execute any deeds, assignments, titles or other instruments
necessary and appropriate to accomplish the aforesaid division of property.
D. Notwithstanding any other provisions in this document all property transferred
hereunder is subject to the existing lien or liens set forth above. The respective transferee of
such property agrees to indemnify and save harmless the other party from any claim or liability
that such other party may suffer or may be required to pay on account of such lien or
encumbrance.
E. By this Agreement the parties have intended to effect an equitable division of their
jointly owned property. The parties have determined that an equitable division of such property
conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets, and the division is being effected without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the parties to
treat all transfers herein as non-taxable.
F. Except as expressly provided herein, Husband forever relinquishes any right and
interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever
relinquishes any right or interest she may now or hereafter have in any assets now belonging to
Husband.
G. Each of the parties shall hereafter own and enjoy independently of any claim or right
of the other, all items of property, be they real, personal or mixed, tangible or intangible, which
are hereafter acquired by him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes as though he or she were unmarried.
3. Debts. All marital debt has been previously addressed by the parties.
4. Alimony. Wife waives any rights which she may have against Husband for alimony,
alimony pendente lite, attorney's fees, costs, and expenses. Husband waives any rights which he
may have against Wife for alimony, alimony pendente lite, attorney's fees, costs, and expenses.
5. Custody. The parties agree to custody as follows.
A. The parties agree that the parties shall share legal custody of their children. Primary
physical custody shall be with Wife, with Husband to have partial physical custody as hereinafter
set forth. During such times as each child resides with the parties as set forth above, the parent
having physical custody shall be responsible for all aspects of child care, including medical, and
.'
shall have the duty to immediately advise the other parent of any unusual occurrence or any
illness.
B. The following shall constitute a minimum schedule for partial custody of the children
with Husband:
a. Alternate weekends from 6:00 p.m. Friday until 6:00 p.m. Sunday.
b. Shared holidays such that the parties shall share partial custody for New Year's Day,
Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. The parties agree
to work out the specifics with respect to these holidays.
c. Two weeks summer vacation upon one month's prior notice. Said weeks are not to
be consecutive unless the parties otherwise agree in. writing.
d. Other times as the parties may mutually agree.
C. The parties shall seek to foster and encourage the love, affection and respect of the
children for each parent, and to that end will cooperate in the best interests of the children in
implementing a schedule of partial custody.
6. Child Support.
A. Husband and Wife acknowledge that they each share a responsibility to pay for the
postsecondary educational expenses of their minor children who may be enrolled on a full-time
basis in postsecondary education. The parties specifically acknowledge that under the current
state of the law that neither party bears a legal responsibility for the contribution of these costs.
Nonetheless, the parties wish to be bound by the provisions of this Agreement with respect to
the payment of postsecondary educational expenses.
B. Husband and Wife agree that they shall be responsible for the payment of no less than
one-half (1/2) of the tuition of the minor children to attend postsecondary education.
7. Full Disclosure. The respective parties do hereby warrant, represent and declare and
do acknowledge and agree that each is and has been fully and completely informed of and is
familiar with and cognizant of the wealth, real and/or personal property, estate and assets,
earnings and income of the other and that each has made a full and complete disclosure to the
other of his or her entire assets and liabilities and any further enumeration or statement thereof
in this Agreement is specifically waived.
8. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in and to or against the other's estate,
or any part thereof, whether arising out of any former contracts, engagements or liabilities of the
other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate
.<
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laws, or the right to take against each other's will, or for support or maintenance, or of any other
nature whatsoever, except any rights accruing under this Agreement.
9. Indemnification. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this Agreement, on
which the other party is or may be liable. Each party covenants and agrees that if any claim,
action or proceeding is hereinafter initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party, such party will at his or her sole
expense, defend the other against any such claim or demand, whether or not well-founded, and
that he ~r she will indemnify and hold harmless the other party in respect of all damages as
resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost,
expense, penalty, and other damage, including without limitation, counsel fees and other costs
and expenses reasonably incurre.d in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this Agreement,
any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or
default in performance by Husband or Wife of any of the obligations to be performed by such
party hereunder. The Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might constitute the basis for a claim
for indemnity pursuant to the terms of this Agreement.
10. General Provisions. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
11. Fair and Equitable Contents. The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counsel. Each party
acknowledges that he or she has received independent legal advice from counsel of his or her
selection and that each fully understands the facts and has been fully informed as to his or her
legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under
the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after
having received such advice and with such knowledge, and that execution of this agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
12. Breach. It is expressly stipulated that if either party fails in the due performance of
any of his or her material obligations under this Agreement, the other party shall have the right,
at his or her election, to sue for damages for breach thereof, to sue for specific performance, to
rescind this Agreement, or to seek any other legal remedies as may be available, and the
defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance hereunder.
13. Execution of Docnments. Each party shall on demand execute any other documents
that may be necessary or advisable to carry out the provisions of this Agreement.
14. Applicable Law. This Agreement shall be construed under the laws of the
-...../
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.
Commonwealth of Pennsylvania.
15. Merger. In the event that either of the parties shall recover a final judgment or
decree of absolute divorce against the other in a court of competent jurisdiction, the provisions
of this agreement shall be merged into such judgment or decree and shall become part thereof
as the Order of the Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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Joanne C. Hammaker
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Steven E. Hammaker
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Kathleen Misturak-Gingrich, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657.4795
kllingrich@dzglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN E. HAMMAKER,
PlaintifflRespondent
CIVIL ACTION-LAW
v.
JOANNE HAMMAKER,
Defendant/Petitioner
No. OI.-4q.Qp ~~~L'7-<;e.~
(In Custody)
PETITION TO REQUIRE OPPORTUNITY FOR COUNSELING
BETWEEN FATHER AND CHILDREN
AND NOW, this 1l.1'!tay of August, 2006, comes Petitioner, Steven E. Hammaker, by
and through his attorneys, Daley, Zucker & Gingrich, LLC, and files the following Petition to
Require Opportunity for Counseling between Father and Children and in support thereof avers as
follows:
I. The Petitioner, Steven E. Hammaker, is an adult individual who resides at 1001
Rupley Road, Apartment 105, Camp Hill, Cumberland County, Pennsylvania.
2. Steven Hammaker is the Father of two minor children, Dalton S. Hammaker, born
May 15, 1991, age 15, and Dylan R. Hammaker, born January 13, 1995, age II.
3. There is currently a Marriage Settlement Agreement between the parties which
provides in pertinent part at Section 5 that "The parties agree that the parties shall share legal
custody of their children [Dalton and Dylan]. Primary physical custody shall be with Wife, with
Husband to have partial physical custody as hereinafter set forth." A true and correct copy of
.
said Marriage Settlement Agreement is attached hereto as Exhibit "A" and incorporated by
reference.
4. Therefore, the Marriage Settlement Agreement sets forth a "minimum" schedule
for partial custody of the children with Petitioner.
5. Mother has interfered with Father's partial custody and had engaged in significant
child alienation due to the fact that the Father is a homosexual engaged in a stable, monogamous
relationship on a long term basis.
6. Mother has filed a Petition for Involuntary Termination of Parental Rights to
permit her current husband to adopt these children and has declined to make the children
available for the purpose of professional counseling with their Father to permit him to determine,
with professional assistance, what is in the children's best interest respecting the proposed
adoption.
7. An informal request by counsel for Petitioner was made to counsel for
Respondent to permit this professional counseling between the Father and children to occur, but
no positive outcome was achieved.
WHEREFORE, the Petitioner files this Petition requesting the Court to enter an Order
directing that Mother, Joanne Hammaker, make the children, Dalton S. Hammaker and Dylan R.
Hammaker, available to the father for the purpose oftltree (3) counseling sessions with Deborah
1. Salem, LPC, of Interworks in Harrisburg, Pennsylvania. The purpose of this counseling
would be to assist Father to determine whether the children's best interests would be served by
.
permitting the adoption to proceed or whether he should continue to seek periods of partial
custody with his children as previously agreed between the parties.
Respectfully submitted,
DALEY, ZUCKER & GINGRICH, LLC
By: K~~~~:d::
Attorney 1.0. No. 41682
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
../
'.,./
".""../
,
MARRIAGE SETTLEMENT AGREEMENT
By and Between:
JOANNE HAMMAKER
- A ND-
STEVEN HAMMAKER
Dated:
Exhibit "A"
...--'
... -. ./-
../
./
.'
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this
between Joanne C. Hammaker ("Wife")
Harrisburg, Pennsylvania.
day of , 1998, by and
- AND - Steven E. Hammaker ("Husband"), at
WHEREAS, the parties hereto are husband and wife having been married on January 7,
j 989, at Bnola, Pennsylvania.
WHEREAS, two (2) children were born of this marriage; said children being: Dalton,
DOB 5/15/91, and Dylan DOB 1/13/95.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other including, without limitation by
specification: settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; settling of all matters between them relating to the past,
present and future support, alimony and/or maintenance of Wife by Husband or of Husband by
Wife; the implementation of custody/visitation arrangements for the minor children of the
parties; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the foregoing premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties, Wife and
Husband, each intending to be legally bound hereby, covenant and agree as follows:
1. Divorce and Separation. The parties agree to the entry of a decree in divorce
pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times
hereafter have the right to live separate and apart from each other and to reside from time to time
at such place or places as they shall respectively deem fit, free from any control, restraint, or
interference whatsoever by the other Neither party shall molest the other or endeavor to compel
the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing
provision shall not be taken to be an admission on the part of either Husband or Wife of the
lawfulness or unlawfulness of the causes leading to their living apart.
2. Division of Property. Husband and Wife agree that the following constitutes an
equitable distribution of the marital Property.
A. The following property shall become the sole and exclusive property of Husband:
1991 Pontiac Grand Am automobile or the proceeds therefrom, assorted household goods already
.
..
in his possession, and all personal property in his possession.
B. The following property shall become the sole and exclusive property of Wife:
1990 Honda Accord, marital residence located at 313 Fifth Street, Summerdale, Cumberland
County, Pennsylvania, 1998 IIvud" A""uld, household goods in her possession, and all personal
property in her possession.
C. The parties agree to execute any deeds, assignments, titles or other instruments
necessary and appropriate to accomplish the aforesaid division of property.
D. Notwithstanding any other provisions in this document all property transferred
hereunder is subject to the existing lien or liens set forth above. The respective transferee of
such property agrees to indemnify and save harmless the other party from any claim or liability
that such other party may suffer or may be required to pay on account of such lien or .
encumbrance.
E. By this Agreement the parties have intended to effect an equitable division of their
jointly owned property. The parties have determined that an equitable division of such property
conforms to a just and right standard, with due regard to the rights of each party. The division
of existing marital property is not intended by the parties to constitute in any way a sale or
exchange of assets, and the division is being effected without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the parties to
treat all transfers herein as non-taxable.
F. Except as expressly provided herein, Husband forever relinquishes any right and
interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever
relinquishes any right or interest she may now or hereafter have in any assets now belonging to
Husband.
G. Each of the parties shall hereafter own and enjoy independently of any claim or right
of the other, all items of property, be they real, personal or mixed, tangible or intangible, which
are hereafter acquired by him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes as though he or she were unmarried.
3. Debts. All marital debt has been previously addressed by the parties.
4. Alimony. Wife waives any rights which she may have against Husband for alimony,
alimony pendente lite, attorney's fees, costs, and expenses. Husband waives any rights which he
may have against Wife for alimony, alimony pendente lite, attorney's fees, costs, and expenses.
5. Custody. The parties agree to custody as follows.
A. The parties agree that the parties shall share legal custody of their children. Primary
physical custody shall be with Wife, with Husband to have partial physical custody as hereinafter
set forth. During such times as each child resides with the parties as set forth above, the parent
having physical custody shall be responsible for all aspects of child care, including medical, and
.
.'
shall have the duty to immediately advise the other parent of any unusual occurrence or any
illness.
B. The following shall constitute a minimum schedule for partial custody of the children
with Husband:
a. Alternate weekends from 6:00 p.m. Friday until 6:00 p.m. Sunday.
b. Shared holidays such that the parties shall share partial custody for New Year's Day,
Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas Day. The parties agree
to work out the specifics with respect to these holidays.
c. Two weeks summer vacation upon one month's prior notice. Said weeks are not to
be consecutive unless the parties otherwisll agree in.writing.
d. Other times as the parties may mutually agree.
C. The parties shall seek to foster and encourage the love, affection and respect of the
children for each parent, and to that end will cooperate in the best interests of the children in
implementing a schedule of partial custody.
6. Child Support.
A. Husband and Wife acknowledge that they each share a responsibility to pay for the
postsecondary educational expenses of their minor children who may be enrolled on a full-time
basis in postsecondary education. The parties specifically acknowledge that under the current
state of the law that neither party bears a legal responsibility for the contribution of these costs.
Nonetheless, the parties wish to be bound by the provisions of this Agreement with respect to
the payment of postsecondary educational expenses.
B. Husband and Wife agree that they shall be responsible for the payment of no less than
one-half (1/2) of the tuition of the minor children to attend postsecondary education.
7. Full Disclosure. The respective parties do hereby warrant, represent and declare and
do acknowledge and agree that each is and has been fully and completely informed of and is
familiar with and cognizant of the wealth, real and/or personal property, estate and assets,
earnings and income of the other and that each has made a full and complete disclosure to the
other of his or her entire assets and liabilities and any further enumeration or statement thereof
in this Agreement is specifically waived.
8. Releases. Each party does hereby remise, release, quitclaim and forever discharge the
other and the estate of the other from any and every claim that each other may now have, or
hereafter have or can have at any time, against the other, or in and to or against the other's estate,
or any part thereof, whether arising out of any former contracts, engagements or liabilities of the
other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate
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laws, or the right to take against each other's will, or for support or maintenance, or of any other
nature whatsoever, except any rights accruing under this Agreement.
9. Indemnification. Each party represents and warrants to the other that he or she has
not incurred any debt, obligation, or other liability, other than described in this Agreement, on
which the other party is or may be liable. Each party covenants and agrees that if any claim,
action or proceeding is hereinafter initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party, such party will at his or her sole
expense, defend the other against any such claim or demand, whether or not well-founded, and
that he or she will indemnify and hold harmless the other party in respect of all damages as
resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost,
expense, penalty, and other damage, including without limitation, counsel fees and other costs
and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this Agreement,
any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or
default in performance by Husband or Wife of any of the obligations to be performed by such
party hereunder. The Husband or Wife agrees to give the other prompt written notice of any
litigation threatened or instituted against either party which might constitute the basis for a claim
for indemnity pursuant to the terms of this Agreement.
10. General Provisions. This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and negotiations between them. There are
no representations or warranties other than those expressly set forth herein.
11. Fair and Equitable Contents. The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective counseL Each party
acknowledges that he or she has received independent legal advice from counsel of his or her
selection and that each fully understands the facts and has been fully informed as to his or her
legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under
the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after
having received such advice and with such knowledge, and that execution of this agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
12. Breach. It is expressly stipulated that if either party fails in the due performance of
any of his or her material obligations under this Agreement, the other party shall have the right,
at his or her election, to sue for damages for breach thereof, to sue for specific performance, to
rescind this Agreement, or to seek any other legal remedies as may be available, and the
defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance hereunder.
13. Execution of Documents. Each party shall on demand execute any other documents
that may be necessary or advisable to carry out the provisions of this Agreement.
14. Applicable Law. This Agreement shall be construed under the laws of the
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Commonwealth of Pennsylvania.
15. Merger. In the event that either of the parties shall recover a final judgment or
decree of absolute divorce against the other in a court of competent jurisdiction, the provisions
of this agreement shall be merged into such judgment or decree and shall become part thereof
as the Order of the Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
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Steven E. Hammaker
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN E. HAMMAKER,
Plaintiff /Petitioner
v.
CIVIL ACTION-LAW
ORPHAN'S COURT DIVISION
JOANNE HAMMAKER,
DefendantlRespondent
No. 04-3916
(In Custody)
PETITION TO CONSOLIDATE
AND NOW, this 30th day of August, 2006, comes Petitioner, Steven E. Hammaker, by
and through his attorneys, Daley, Zucker & Gingrich, LLC, and files the following Petition to
Consolidate as follows:
1. The Petitioner, Steven E. Hammaker, is an adult individual who resides at 1001
Rupley Road, Apartment 105, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Respondent, Joanne Hammaker, is an adult individual who resides at 313 5th
Street, Sumrnerdale, Cumberland County, Pennsylvania 17025.
3. On August 9, 2004, the Petitioner, by and through his prior counsel, filed a
Complaint in Custody with this Honorable Court, docketed to the above-referenced number.
4. On August 24, 2006, the undersigned counsel, currently representing Petitioner in
his domestic matters, filed a Complaint for Partial Custody with this Honorable Court, docketed
to No. 06-4948, unaware that a prior custody action had been filed in this matter.
5. In an attempt to avoid having duplicative dockets related to custody, Petitioner
requests that all entries under Docket No. 06-4948 be consolidated under the existing Docket No.
04-3916.
WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order
directing all entries under Docket No. 06-4948 be consolidated under the existing Docket No.
04-3916. All future filings in this custody action shall be docketed under Docket No. 04-3916.
Respectfully submitted,
DALEY, ZUCKER & GINGRICH, LLC
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Kathleen Misturak-Gingrich, Esquire
Attorney 1.0. No. 41682
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
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STEVEN E. HAMMAKER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBBRLAND COUNTY, PBNNSYL VANIA
V.
06-4948 CIVIL ACTION LAW
JOANNE HAMMAKER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, August 30,2006
, 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 MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, September 29, 2006 at 2:30 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. 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
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 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 T AKB 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 SBT
FORTH BBLOW TO FIND OUT WHERB YOU CAN GET LBGAL HBLP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3 166
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IN THE COURT OF COMMON I LEAS OF
CUMBERLAND COUNTY, PE~SYL VANIA
CIVIL ACTION - LAW I
NO. 04-3916 f 6(P- '-f'lf?f
IN CUSTODY
STEVEN E. HAMMAKER,
Plaintiff
JOANNE HAMMAKER,
Defendant
IN RE: PETITION TO CONSOLIDATE
ORDER
AND NOW, this "1 t day of September, 2006, a rule is issuedlon the defendant to
,
show cause why the relief requested in the within petition to consolidate o~ght not to be granted.
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This rule returnable twenty (20) days after service.
BY THE COURT,
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Kathleen Misturak.-Gingrich, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
kgingrich@dzglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
STEVEN E. HAMMAKER,
PlaintifflPetitioner
CIVIL ACTION-LAW
v.
JOANNE HAMMAKER,
Defendant/Respondent
No. 06-4948
(In Custody)
PRAECIPE TO WITHDRAW COMPLAINT FOR PARTIAL CUSTODY
TO THE PROTHONOTARY:
On behalf of the PlaintifflPetitioner, please withdraw the Complaint for Partial Custody
in the above-captioned case.
Respectfully submitted,
DALEY, ZUCKER & GINGRICH, LLC
Date:3 ' 13 - () ~
By:
Kathleen Misturak-Gin
Attorney LD. No. 41 2
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
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CERTIFICATE OF SERVICE
I, Jennifer L. Carl, Paralegal, hereby certify that on this I g day of Jrp .
2006, a copy of the foregoing Preacipe to Withdraw Complaint for Partial Custody was placed in
the United States Mail, Postage pre-paid, addressed as follows:
Mary A. Dissinger, Esquire
DISSINGER AND DISSINGER
400 South State Road
Marysville, P A 17053
Melissa P. Greevy, Esquire
JOHNSON DUFFIE STEWART & WEIDNER
301 Market Street
Lemoyne, PA 17043
Date: 4- / 3 ~ {J&
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Kathleen Misturak-Gingrich, Esquire
Daley, Zucker & Gingrich, LLC
1029 Scenery Drive
Harrisburg, P A 17109
(717) 657-4795
kgingrich@dzglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
STEVEN E. HAMMAKER,
Plaintiff/Petitioner
CIVIL ACTION-LAW
v.
JOANNE HAMMAKER,
Defendant/Respondent
No. 06-4948
(In Custody)
PRAECIPE TO WITHDRAW PETITION TO REQUIRE
OPPORTUNITY FOR COUNSELING BETWEEN FATHER AND CHILDREN
TO THE PROTHONOTARY:
On behalf of the Plaintiff/Petitioner, please withdraw the Petition to Require Opportunity
for Counseling between Father and Children in the above-captioned case.
Respectfully submitted,
DALEY, ZUCKER & GINGRICH, LLC
Date: q (~ - 0 s..
By:
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Kathleen Misturak-Gin nch, Esquire
Attorney I.D. No. 41682
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
Attorneys for Petitioner
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CERTIFICATE OF SERVICE
I, Jennifer L. Carl, Paralegal, hereby certify that on this I 3 day of j, f'
2006, a copy of the foregoing Preacipe to Withdraw Petition to Require Opportunity for
Counseling between Father and Children was placed in the United States Mail, Postage pre-paid,
addressed as follows:
Mary A. Dissinger, Esquire
DISSINGER AND DISSINGER
400 South State Road
Marysville, PA 17053
Melissa P. Greevy, Esquire
JOHNSON DUFFIE STEW ART & WEIDNER
301 Market Street
Lemoyne, P A 17043
Date: q - 1.5- a /)
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STEVEN E. HAMMAKER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4948 CIVIL TERM
v.
CIVIL ACTION - LAW
JOANNE HAMMAKKER,
IN CUSTODY
Defendant
ORDER TO RELINQUISH JURISDICTION
AND NOW, this lJf!!}::Of September, 2006, counsel for the Plaintiff having filed
a Praecipe to Withdraw Complaint for Partial Custody on September 13, 2006 in this action,
the Conciliator hereby relinquishes jurisdiction of the above captioned matter.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4948 CIVIL TERM
STEVEN E. HAMMAKER,
v.
JOANNE HAMMAKER
CIVIL ACTION - LAW
IN CUSTODY
Defendant
ORDER TO RELINQUISH JURISDICTION
AND NOW, this .;26~y of ~), 2006, Plaintiff having filed a
praecipe to withdraw the Complaint and Petition for counseling on September 14, 2006, the
Conciliator hereby relinquishes jurisdiction of this matter.
FOR THE COURT:
:283822
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