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HomeMy WebLinkAbout96-06077 ~ ~ ,v ~ ,~ ~ .ft) ~ ..... . .. . ~/ I i ~ c:.... () ~ ) --9 0" 8. Th~ "llh~r orlh~ dlilJ is Jalll~s W. Nk~d. ~urr~lllly r~siJiug OIl 107 Yal~s Slr~~l. Ml.llnlly Spriugs. P~llll.iY hallia 17065. II~ is Iilarri~d. I). Th~ r~lali<lIIship nrlh~ I'lailllirrR~spolld~1l11nlh~ ~hild is Ihalol'Fulh~r. Th~ Plailllirr~urr~lllly r~iiJ~s lIilh lh~ /i'lkllliug p~rslllh: TUIllIllY Nk~~1 ami Trish 10. Th~ rdaliollship nrlh~ Ddi:lldalll/P~lilinll~1' lnlh~ ~hildr~1l is Ihulnrl\hllh~r. Th~ Dcti:lldulll ~url'~lllly r~sid~s II ilh lh~ lulln\\iug p~l'snus: Nall~ll~ l.n~~ ulld K~IlIl~lh BUl'ry. liull~~. II. Ddi:lldulll/I'~lilinll~1' has p'll'lkipul~J as U pUrly lll' II illl~S.i. ur illullnlh~r ~upa~ily. illnlh~r Iiligulinll Cllll~~rnillg lh~ ~uSl<)dy ,)rlh~ dlild illlhis nr Ulllllh~I' ~nul'l. i\ ~npy nrlh~ Cnurl Ord~r Jul~d hllruary 10. 11)'17 gmlllillg prilllury phy skal ~usl",ly In R~spnlld~lllulld p~rinJs nr l~lIlpnrary physkul ~uslndy In th~ P~lili"ll~r. alld Jn~~~l~d ullJ6-6077 j, 1Il1adl~J us Exhibil "i\." 11. Octi:lldullt!P~lilinll~r hus 11<) illrnrlllUliollnr U ~uslndy prn~~~Jillg ~"Il~~rnillg Ih~ ~hildr~1l p~IlJillg ill n ~nurt "rlhis (\1I1l11ll1l111~ullh. 13. Ddi:llduIlIIP~lili"ll~rdn~s Ilnl ~IlU\\ nrn p~rsullll<1lU purly IU Ih~ prn~~~d:,lgs I\ho hus physkul ~ustoJy or Ih~ ~hilJ or daillls 10 h", ~ ~l!slnJy ur visilalinll rights \I ilh r~sp~~1 to Ih~ ~hiIJ. 14. Th~ b~sl illl~r~st allJ p~rnHlIl~1l1 1I~1Ii1l'~ orlh~ ~hiIJr~1l \\ill b~ s~rwJ by gralltillg Ih~ r~li~r r~<\u~st~J lur th~ lulloll illg r~nsnlls: i\. i\ Cnul't Ordor or ~l'slndy nllJ slru~llII'~J visilalinll is d~sil'~J so thullh~ Dcti:lldalll/P~lili<lI1~r nud th~ ~hilJ Illay plalllh~iJ' s~h~dlll~s lI~~nrdillgly. 1I11d sn thul lIlislllld~I'SIUIlJillgs ulld Illllll~l ~x~~plinlls r~gardillg ~Ilslndy 1I1ld visitatinll ~Ull b~ nvnid~J. nnJ nlsn snlhllt lh~ dlild is IlUIIlS~d innlllalliplllatit~ li\Shinll B. i\ Cnurt Ol'd~ml d~l~nllillnlinllur~lls1nJy is r~\lllir~d lnn\'<liJ ~ulltillllillg ~'"ll1kl h~I\\wlllh~ pUrli~s I'~gunlillg IHlI'~1l1nl r~spnnsibilily 1\11' ~IlSluJy nlld sllppurl. 15. Eu~h pur~1l1 Ilhus~ pur~lltal righls lu ,h~ ~hild h",~ IlU' h.,.,.\ :",,"iUUI~d alld 'h~ p~rsull Ilhn has phy sknl ~uslndy ur lh~ ~hild I"". \'.,"Ilualll~d us parli~s Inlhis U~Ij,lI1. RE",..:./VFD f~O 2 ~ 1997 JAMES WILLIAM NICKEL. PlainU ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. KAREN ANN NICKEL. Defendant NO. 96-6077 CIVIL TERM OB.QER OF eOURI AND NOW. this 20th day of February. 1997. this matter havfng been called for a hearing, and the parties having agreed on an order of primary physical Cllstody. IT IS ORDERED that the father. James William Nickel. shall have primary physical custodY of Gavin L. Nickel. born March 30. 1991. and Nicole A. Nickel. born October 21, 1992. The parties having not entered into an agreement regarding periods of temporary physical custody of the mother. IT IS ORDERED that temporary physicol custody and visitation of ....; the children. with their mother sholl be by agreement of the parties, Either party may file a petition to be directed to this Judge far the setting of on expedited hearing if the issue of the mother's temporary physical custodY cannot be resolved by ... agreement. ,:J By !!le- c7jr;?'/ ~ ~~. (,. ~;/. // ...... ... .. ,,_'... .!.. ..", <t ~~. ,.samuel W. Hilkes, Esquire ./ For PlainUff . r..... . ....... EXHIBIT A TRUE COPY FROM RECORO In T ~~J1mtlny wh.'rr.of, I he;re unlo wI my hand an~ I'" loal of uid Coul'l al Carll:la, ,,~. Till. ...1/.~... day of.....;f-&.k...,,! 19..1.1 011 'j a ~.'4''' .......1t......;n1.!h:1r~a- ...........,',....... .... ........-.- d:J fl1.. . PrDlhon:nry Joan E, Carey. Esquire For Defendant :prs '-~. ,.J '.. -:;1 , - u'. S' '" , ,.... ...., "'1 ~ .... .. ~ -- l' .... " i ~ ~ J ....~ ',.J .,. . JAMES WILLIAM NICKEL PLAINTIFF IN TilE ('OlIRT OF COMMON PLEAS OF CUMBERLAND COUNTY.PENNSYI.V AN/A v. 96-6077 CIVil. ACTION LA W KAREN ANN NICKEL DEFENDANT IN CUSTODY illillER OF COIIRT AND NOW. Monday, November 19,2001 . upon ~onsid~ralion of Ih~ allach~d Complain!, it is h~reby directed that parties and their r~sp~cliv~ couns~1 app~ar b~forc Hubert X. Gilroy, Esq. al 41h Floor. Cumberland County Courthouse. Carlisle on Thursday, December 06. 2001 . th~ concilialor, at 9:30 AM for a Pre-Hearing Custody Conf.rence. At slleh conr~r~n~~. an ~norl will b~ made '0 resolve the isslles in dispule; or if titis cannot b~ accomplished, I;> define and narrow 'h~ isslles 10 b~ h~ard by th~ courl, and 10 enler into a temporary order. All children age five or old~r may also be presenl allhe eonli:renc~. Failure to appear at the conference may provide grounds for entry of a I~mporary or pemlanenl ord~r. The court hereby direeh the parties to furnish any and nil existing Protection from Abuse orders, Speclnl Relief orders, nnd Custody orders to the eonelllntor 48 hours prior to scheduled henrI~lI. ':', ( , " FOR THE COURT. " . 1//.' ~ " ) By: 1.1 - :':.' ' ,. .'.-, HI/bert X. Gilr~. Esq. {9'\ CIlSlody Concilialor , ;~-;': ". - /', j The Court or Common Pleas of Cumberland COllnly is r~quir~d by law 10 comply with th~ Atilericans with Disabililes Act of 1990. For intillma!ion abollt a~eessibl~ laeili'ies and r~asonable accommodations available to disabled individuals having bllsiness belor~ lh~ ~Ollrt, pl~ase conlac! our office. All arrangements must be made at least 72 hOllrs prior to any hearing or bllsiness belore lh~ COliI'I. You mllst allend th~ scheduled conf~renc~ or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATl'ORNEY AT ONCE. iF YOU 00 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 IIELI'. Cllmh~r1and ('ollnly Bar Ass()~ialion 2 l.ih~rly A v~nu~ Carlisle. P~nnsylvania 170 IJ TcI~ph()n~ (71 7) 149-3166 8, Th~ fath~r oflh~ child is Jall1~s W. Nick~l. ~urr~nlly r~sidillg all07 Ynl~s Slre~l. MI.llolly Springs. P~nnsylvania 17065, H~ is Il1nrri~d. 9. Th~ relationship of lh~ Plailllin/R~spond~IlII" lh~ ~hild is Ihal of Futh~r. Th~ I'laillliff currenlly' r~sid~s wilh the lollowing p~rsons: TUlllm)' Nickd nnd Trish I O. Th~ r~lalionship of the Del"mdanlll'~liti"n~r 10 th~ ehildr~n is Ihal of Mother. Th~ D~Ii:ndant currently r~sides with the followin!! p~rsons: Nanett~ Lo~k nnd Kennelh Durry, liance. II. Def~ndantlPelilion~r has partieipal~d as a party or witll~ss. or in anolh~r capacity, in oth~r litigation concern in!! Ihe custo...y ofth~ child in this or anoth~r COllrt. A copy oflhe Court Ord~r dat~d February 20. 1997 granlin!! primary physical custody to R~spond~nl and periods oft~mpornry physical custody to the Petilioner. and docketed al 96-6077 is attach~d as Exhibit "A," 12. D~fendantlPelilion~r has no infonnation of a custody pro~eedin!! concern in!! th~ childr~n pendin~jp a court oflhis Commonwealth. 13. DefendantlP~tition~r do~s not know ofa p~rson nOI a party to th~ proceedings who has physical custody of the child or claims to have ~ustody or visilation rights with resp~clto th~ child. 14. The best inl~rest and p~rmanenl welfar~ ofth~ childr~n will b~ s~rved by grunting the relief ~ requested for the following reasons: A. A Court Order of custody and struclur~d visitation is desired so thatlhe DefendalltlPelitioller and the child may plan th~ir sch~dlll~s accordingly. and so Ihat misunderstandings and unmel exceptions regarding custody and visitalion can be avoided. and also so that the child is not used in a manipulative fashion B. A Court Ord~red d~lerminalion of custody is reqllired 10 avoid conlinuillg contlict between the parties regarding par~lltal r~sponsibilily lur custody and support. 15.' Each parent whose par~ntal righls 10 the child have not b~~nterlllinul~d und the person who has physical custody of the child has b~en nal11~d as parti~s 10 this action. RE",..JVFO f~D 2 ~ 1991' JAMES WILLIAM NICKEL, Plaint! ff IN THE COURT OF COHMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KAREN ANN NICKEL, Defendant NO. 96-6077 CIVIL TERM ORDER OF CQURI AND NOW, th1s 20th day of February, 1997, this matter havrng been called for a hearing, and the part1es having agreed on an order of primary physical cllstodY, IT IS ORDERED that the father, James Wil11am Nickel, shall have primary physical custodY of Gavin L. Nickel, born March 30, 1991, and Nicole A. N1ckel, born October 21, 1992. The parties having not entered into an agreement regarding periods of temporary physical custodY of the mother, IT IS ORDERED that temporary phys1col custodY and visitation of .-.... the children. with the1r mother shall be by agreement of the parties. Either party may file a petition to be directed to this Judge for the setting of an expedited hearing if the issue of the mother's temporary physical custodY cannot be resolved by ,:1 ... agreement. ,.samuel W. Hilkes, Esquire For Plaintiff Joan E. Corey, Esquire For Defendant TRUE COPY FROM RECORD In T ~~lImoI1Y Wh.'1'40t, I hure unto wt my hand ,ml Iho loa\ of uid Court at Carllllo, Pa. Thl, "..1'~"" day of...;f~".".: 19J,3, 011 " a ~4'4'''' .......IOl......(r.i,f k:'1f~~...........:.....,.. .... .........-.- ~ ft} . Prolhorm\lry :prs EXHIBIT A " .. :Kt JAMES WILLIAM NICKEL, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I KAREN ANN NICKEL, . NO. 96 - 6077 CIVIL TERM . Defendant I . CIVIL ACTION - CUSTODY . COURT~ AND NOW, this '1..\ day of consideration of the attached Custody Conciliation ordered and directed as follows: , 1996, upon Report, it is 1. The parties shall meet for a second Custody Conciliation Conference in the above matter on December 2, 1996, at 2:30 p.m. 2. This Court's prior Order of November 6, 1996 shall remain in effect pending further order of this Court, with the following addition to that Order: A. During the times the Mother has custody and in the event she is working and requires someone to care for the minor children, Mother shall contact the Father or Father's parents and first offer to the Father or Father's parents the opportunity to provide care for the minor children while the Mother is working. J / By the court, cc: Samuel Milkes, Esquire Joan Carey, Esquire ~wl Edgar B. BaYle~, J" ~tuo>.J r>",-<~C<l I~I~/%. .~ .f, JAMES WILLIAM NICKEL, , rN THE COURT OF COMMON PLEAS OF . Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. . CIVIL ACTION - LAW , . , KAREN ANN NICKEL, I NO. 96 - 6077 CIVIL TERM Defendant . . . CIVIL ACTION - CUSTODY . PRIOR JUDGE I HONORABLE EDGAR B. BAYLEY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are subject of this litigation is as follows: Gavin L. Nickel, born March 30, 1991 Nicole A. Nickel, born October 21, 1992 2. A Conciliation Conference was held on November 20, 1996. Present were the Father, James W. Nickel, with his counsel, Samuel Milkes, Esquire and the Mother, Karen M. Nickel, with her counsel, Joan Carey, Esquire. 3. This is a unique situation, The parties recently separated and Judge Bayley entered a temporary order pursuant to a Petition for Special Relief. The temporary order gives the two children to the parties on a two-da.v alternating schedule. 4. The Mother is currently in a shelter and is about to start a new job and will be obtaining a new location to live within the next two weeks. The Conciliator felt that there was more chance of a resolution of this case if the conciliation was rescheduled until early December, at which time the Mother's position with respect to elllployment and housing would be hopefully resolved. 5. The Conciliator recommends an Order in the form as attached. IIf-:tfLfut1 Date Hubert X. Gilr Custody Conci ~ C> p.; <~ ir c;.. I~ .J-.,.. :r: .I::i: r: ca: ';:..i ~ ..~ LJ ..:r U) E.~ :~ - 11' C'J '.t''':IJ [C, ' u.J .1 u.. "" ...... ll.. I"- :~:i 0 eJ. u , , " . , Jio-' JAMES WILLIAM NICKEL, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : v. . CIVIL ACTION - LAW . . . KAREN ANN NICKEL, . NO. 96 - 6077 CIVIL TERM . Defendant . . . CIVIL ACTION - CUSTODY . COURT ORDER AND NOW, this to day of .-- ,)00.'/ oonsideration of the attaohed Custody ConcIIiation ordered and direoted as follows: , 1996, upon Report, it is 1. A hearing is soheduled in Courtroom #2 o.f Fhe Cumberland County Courthouse on the ,l(\ ll- day of ,j -t 1.1:1.!'-"-'lJ.-.. , 1997 at ~ ~.m., at whioh time testimony will be'~aken in the above oase. At this hearing, the Father, James Niokel, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Cour~ and opposing counsel a memorandum setting forth the history of custody in this particular case, the issues before the Court at this time, each party's position on these issues, a list of witnesses that will be called by eaoh party and a summary of the antioipated testimony of eaoh witness. This memorandum shall be filed at least ten (10) days prior to the mentioned hearing date. Pending further Order of this Court, this Court's prior Order of November 6, 1996, shall remain in effect, with the following additions: A. During the times that the Mother has custody of the minor ohildren, and in the event she is working and requires someone to care for the minor ohildren, Mother shall oontaot the Father or Father" s parents and first offer to the Father or Father's parents the opportunity to provide oare for the minor ohildren while the Mother is working. B. Christmas of 1996 shall be handled with the parties sharing the children on Christmas Eve and Christmas Day. This provision shall supersede the two-day alternating oustody arrangement. In the event the parties are unable to agree upon a mutually-acoeptable arrangement on Christmas, Christmas shall be divided into two separate segments being from noon on Christmas Eve until noon on Christmas Day and noon on Christmas Day until noon on 2. JAMES I>1ILLIAM NICKEL, Plaintiff : IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96 - 6077 CIVIL TERM . . : v. . . . . KAREN ANN NICKEL, Defendant . . . . : CIVIL ACTION - CUSTODY PRIOR JUDGE: HONORABLE EDGAR B. BAYLEY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915,3-8(b), the undersigned Custody Conciliator submits the following report: 1. The information pertaining to the children who are subject of this litigation is as follows: Gavin L. Nickel, born March 30, 1991 Nicole A. Nickel, born October 21, 1992 2. A Conciliation Conference was held on December 2, 1996. Present were the Father, James W, Nickel, with hiB counsel, Samuel Milkes, Esquire, and the Mother, Karen A. Nickel, with her counsel, Joan Carey, Esquire. 3. This was the second conciliation conference held. The parties had recently separated and Judge Bayley had entered a temporary order pursuant to a Special Relief Petition. The temporary order gives the children to the parties on a two-da.y alternating schedule. 4. Father has various concerns about the Mother's parenting ability and what the Father believes to be a detrimental impact that Mother has on the children. The Mother has various similar concerns about the Father. Both parties suggest that the other parent has had a history of drug and alcohol abuse and other various inappropria~e behaviors. 5. This case requires a hearing. A hearing should take no more than one day. Father wants the opportunity to bave the Mother undergo an evaluation at Father's expense because Father believes that Mother has a history of psychiatric problems. The Mother underwent at least one week of inpatient treatment in the Carlisle Psychiatric Unit this past summer. She is on JAMES WILLIAM NICKEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V, KAREN ANN NICKEL, Defendant NO. 96-6077 CIVIL TERM ORDER OF COURI AND NOW, this 20th day of February, 1997, this matter having been called for a hearing, and the parties having agreed on an order of primary physical custodY, IT IS ORDERED that the father, James William Nickel, shall have primary physical custodY of Gavin L. Nickel, born Horch 30, 1991, and Nicole A. Nickel, born October 21, 1992. The parties having not entered into an agreement regarding periods of temporary physical custodY of the mother, IT IS ORDERED that temporary physical custody and visitation of the children with their mother shall be by agreement of the parties. Either party may file a petition to be directed to this Judge for the setting of an expedited hearing if the issue of the mother's temporary physical custody cannot be resolved by agreement, Samuel W. Milkes, Esquire For Plaintiff Joan E, Carey, Esquire For Defendant /' c....,;,,"'...., r>'<"l':'~Ct<~ .J./:l.l/'f'1. -~ .,.V~'? :prs Since their birth, the children have resided with the following persons and at the following addresses: From Gavin's birth in March 1991 until he was approximately 2 months old, the child resided with mother, Karen Ann Nickel, and paternal grandparents, Meiva and Ron Nickel, at the g-randparent's residence, 101 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvanip. At this time, the father was in the military; From approximately May 1991 through December 1992, the children resided with mother and father in the San Diego, California area; From December 1992 through approximately March 1993, the children resided with the paternal grandparents, Melva and Ron Nickel, at 101 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania; From approximately March 1993 through May 1993, the children resided with paternal grandparents, Melva and Ron Nickel, and mother, Karen Nickel, at 101 Yates Street, Mt. Holly Springs, Cun::",;,'rland County, Pennsylvania. The father was then discharged from the militaryj From approximately May 1993 through June 1993, the children resided with the paternal grandparents, Melva and Ron Nickel, mother, Karen Ann Nickel, and father, James William Nickel, at the grandparent's residence, 101 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvaniaj From approximately June 1993 through June 1994, the children resided with mother and father, James and Karen Nickel, at a rental house on Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvaniaj From June 1994 through June 1996, the children resided with their parents, in a trailer owned by the paternal grandparents, Melva and Ron Nickel, on Sandbank Road, Mt. Holly Springs, Cumberland County, Pennsylvania; From July 1996 until October 28, 1996, the children resided with paternal grandparents, at the grandparents residence, 101 Yates Street, Mt. Holly Springs, Cumberland County, PennsylvllIlia, along with mother, Karen Ann Nickel, and father, James William Nickel; From October 28, 1996 to November 5, 1996, the children have resided alternatively with father from time to time, IlIld with mother from time to time in their separate residences, although as stated above, mother has placed controls on the situation to the extent that father is unable to enter the shelter, is unable to have physical custody of more thllIl one child at a time, Except when he picks them up at school, is unable to have overni~ht custody, except when he picks them up at school, and has essentially been used by mother for the purpose of assuring that the children are transported by father or father's mother to the children's schools. From November 5 to November 6, 1996, the children have been in father's custody, at the home of his parents, following his retrieval of th,' children from their schools on November 5. 4. The mother of the children is the DefendllIlt, KAREN ANN NICKEL. She is married to the Plaintiff. 5. The father of the children is the Plaintiff, JAMES WILLIAM NICKEL. He is married to the DefendllIlt. 6. The relationship of Plaintiff to the children is that of biological father. The Plaintiff currently resides at 101 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, with his ..arents, Melva and Ron Nickel. 7. The relationship of the Defendant to the children is that of biological mother. She resides at a shelter with an unknown address, in Carlisle, Cumberland County, Pennsylvania. 8. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 9. Plai~'l Iff does not know of a person not a party to the proclJedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children, except that the paternal grandparents have frequently exercised custody of the children, sometimes exclusive of either of the parents (even for extended periods), and sometimes with either or both of the parents residing with them. 10. The best interests and permanent welfare of the children will be served by granting temporary and permanent primary physical custody to the Plaintiff/father because the Defendant has been periodically hospitalized in different psychiatric wards of various hospitals, and her behavior, especially with no other family members around, poses a threat to the minor children. The father, James William Nickel, along with the paternal grandparents, Melva and Ron Nickel, can offer stability and love to the children. 11. The best interest and permanent welfare of the children dictate that primary physical custody be granted to the father for the following reasons: a. The mother is currently residing in a shelter facility, at a location which she refuses to disclose to the father, at which the father is unable to enter or contact mother by telephone. b. While in the father's care, the father lives with his parents, with y,~om mother and father have resided in the past, and with whom mother and father resid,'d until their separation last week. At times in the past, with agreement of the parents, the children have been in the exclusive care of the paternal grandparents. These grandparents will be able to assist with the care of the children when a parent is unavailable and they have been crucial to the upbringing of the children. c. Father is employed full time at Pennsy Supply and is best able to look out for the needs of the children. d. The cause of the separation was that mother involved herself in a fit of rage, due to her psychiatric problems, during which she kicked in father's mother's car, smashed various items in and about father's parent's home, and ultimately left after directed to leave by father, due to mother's violent and dangerous behavior. e. Mother had engaged in similar conduct the day before, when she kicked in the door of another vehicle, which was borrowed by mother and father, to the extent that the door would 'lot opan. f. After leaving the residence, mother retrieved the children from their schools the next day and refused to release them, oth!!r than for limited times and under limited circumstances, as described above. Father has the children in his care, due to retrieving them at their respective schools. g. During her lifetime, including a8 recently IlS July 1996, the mother has beer:. institutionalized for psychiatric problems, with a diagnosis including schizophrenia and from time to time she heur8 voices, believes the television is talking to her, and hIlS attempted suicide or threatened suicide. The mother's psychiatric disorders present an immediate danger to the children without father or grandparents also being present to look out for the welfure of the children. Father WI18 discharged from the military due to his having a psychologically disabled spouse, /lIld at around this time, the children came to live with the paternal grandparents because mother WI18 unable to care for the children. h. The prior in-patient institutionalizations of mother include the following: i. Carlisle Hospital Psychiatric Unit (July 1996). ii. Holy Spirit Hospital Psychiatric Unit. iii. San Diego, California Psychiatric Services. 12. Before f1ling this Complaint, Plaintifrs counsel telephoned the shelter to inform Defend/lllt that the Complaint WI18 being filed. WHEREFORE, Plaintiff requests of this Honorable Court that it enter /lIl immediate, temporary Order and thereafter, a perm/lllent Order, providing for shared legal custody, primary physical custody of the children with Plaintiff, the children's father, that the Court set forth a specific schedule for primary /lIld partial physical ..-,.j custody, and that it direct that until further Order of Court neither party remove the children from Cumberland County, Pennsylvania. Respectfully submitted, ~ uel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 ,- oJ) i~- ", i-: 1,1,.1(. (" <-..It .. . f', ,'. I.... 'j;. " ~:- . \_~j I ti!! -.. F".- ~ - I. ',"" C. Gl ..,. 1...1 ,.j :t .... '\t <:) l,/l .~ I't') :::t tt ,. :jj. il< '\ ~ "~ ~ <:.J ~ "! ~ i.: ~ ,,' t' ~ J ,- i '.) -.j , , I ; e, ~ '~ I V', I ~ I' ~ \- , oJ ~ '1ft- LAW OI'flCllS SAWIS, SHurr. FLOWER.t LINDSAY l6W.HIOHITUIll' JIOIH,CAllUT~ CAIIJSLI, PA I'IOIJ CAMPHIU.,.A 17011 PIIONIl (117) w.6J12 PItONE (117l1l1.J40S CERTIPlED COPY: 'I Y5. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW : NO. 96 - 6077 CIVIL : IN CUSTODY JAMES WILLIAM NICKEL. Plaintiff KAREN ANN NICKEL, Defendant PRAECIPE TO ENTER TO THE PROTHONOTARY: Please enter my appearance pro se, SAlOIS SHUFF. FLOWER & LINDSAY ATTORNEYS'AT'lAW 16 W. III&h 5"", C.rll.lr, PA 2 ~ ..::!' >- I'"~ u-: !~: ,- N , ~ " , , , . " . tJ_ ~:~ '- , , , \,:1 ,) . , , , ~ , ~ i:.j , l:'" ::... . , " J :.~j ,. C> :.J ..