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HomeMy WebLinkAbout97-02168 V) IV ,. V . - ""< . ~ 1 - a 0~ I , / ,./ /' , / , , i i ~ I l- ~ J 00 -3 - (l5 \' , r- ....., 0- / / i -p.. I \ Amanda Garland, A minor By Nancy Garland, the guardilln IN TlfE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97- ':Ufs,f CIVIL TERM Plaintiff v. Michllel Nieves, Defendant PROTECTION FROM ABUSE AND CUSTODY n,MPORAR Y...JI ROl'_~;,r,1'lmLQRDfa~ AND NOW, this ~.s-~ dny of April, 1997, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, Amanda Garland, now residing at 3899 Spring Road, Shermansdale, Cumberland County, Pennsylvania, is in immediate and present danger of abuse from the defendant, Michael Nieves, the following Temporary Order is entered. The defendant, Michael Nieves, (SSN: unknown and date of birth: 8/22/77) now residing at 627 /foot Owl Road, Boiling Springs, Cumberland County, Pennsylvania, is hereby enjoined from physically abusing the plaintiff, Amanda Garland, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 3899 Spring Rond, Shermansdale, Cun~erland County, Pennsylvania, a residence which is owned by the plaintiff's parents, and any other residence the plaintiff may establish, except for the I imited purpose of trllnsferring custody of the parties' child. The defendant shall remllin in his vehicle at all times during the trnnsfer of custody. The defendant is ordered to refrnin from having nny direct or indirect contact with the plnintiff including, but not limited to, telephone IInd written cOllllllunicntions, l!xcept for the limited purpose of fnci litnting custody arrnngeml!nts. The defendant is enjoined from harassing and stalking the plaintiff and frolll harassing thl! plaintiff's relatives. ^ violation of this order may subject the defendant to: i) arrest under 23 Pa.C.S. 66113; ii) a private criminal complaint under 23 Pa.C.S. 66113.1; iii) u churge of indirect criminal contempt under 23 Pa.C.S. 66114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; und iv) civil contempt under 23 Pa.C.S. 66114.1. Resumption of co-residence on the part of the ptuintiff and defendunt shall not nullify the provisions of the court order. This Order shall remain in effect until modified or terminllted by the Court IInd can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of ubuse or has engaged in 1\ pattern or practice that indicntes continued risk of harm to the plaintiff. -T8R1IH..Cll:f \.ru~,tvd) of rt:ll.J,-) r4;\";\I~~ i~ 11t::1Cby llWUldt:d lu the nlaint i rf T Amnn'la Cu.. 1~~lId. Tvn ,.1",(pnrlnnt i c:; nr.1'JI't:!d to fettJrll the; ell; Id lu tilt:: cusiody of thn pIHlnt:rf. tflll:: Sherali'S LJcparlmcnt shull assist the ~nint1rr in r.,.dri~'HiRg lilt;; l.:rllIO. A hearing shall be held on this IImtter on the ,]{J l~ day of NO.:i, -I1.fM-i.~e. , 1997, n t 1: a d o .m., in Courtroom / Cumberland County Courthouse, Carlisle, Pennsylvania. The plaintiff limy proceed without pre-payment of fees Amanda Garland, A minor By Nancy Garland, the guardian tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.97- CIVIL TERM Michael Nieves, Defendant PRon;CTIoN FROM ABUSE AND 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 promptly after this Petition, Order and Notice arc served, by appearing personally or by attornBY at the hearing scheduled by the Court and presenting to the Court your defenses or objections to th~ claims set forth against you. You arc warned that if you fail to do so the Court 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 plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You should take this paper to your lawyer at once. have a lawyer or cannot afford one, go to or telephone forth below to find out where you can get legal help. If you do not the office set COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7 I 7) 240-6200 AMERICANS WtTH DISABILITIES ACT OF 1990 The Court of Common Pleas of cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or henring. Amanda Garland, A minor By Nancy Garland, the guardian IN THE COURT Of COMMON PLEAS OF Plaint iff CUMBERLAND COUNTY, PENNSYLVANIA ~'O.97- ~/"g CIVIl. TERM v . Michael Nieves, Defendant PROTECTION fROM ABUSE AND CUSTODY P~;T t T ION FQ!LI'.ROn:C'I: I ON ORDER Alm _ C!i~T5}!n' REl.IEF UNDER TilE PROTECTION FROM ABUSE ACT, 23 Pn.C.S. g 6101 et seq. A. A1lUSE I. The plaintiff. Amandn Garland, Is a minor residing at 3899 Spring Rond, Shermnnsdale, Cumberland County, Pennsylvania 17090, with her mother, Nancy Garlnnd, the guardian in the nbove captioned Protection from Abuse case. 2. The defendnnt, Michnel Nieves, ISSN: unknown and Date of Birth: 08/22/77), is an adult individual residing at 627 Hoot Owl Road, Boiiing Springs, Cumberland County, Pennsylvania, 17007. 3. The defendnnt is the father of the chi id. 4. Since approximately Apri I 21, 1997, the defendnnt has attempted to cause nnd has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff and has placed the piaintiff in reasonable fenr of imminent serious bodily injury. This hns included, but is not limited to, the fotlowing specific instance of abuse: On or nbout Apri I 2i, 1997, the defendant forcefUlly grabbed the plaintiff's arms, threw her against a car, and choked her causing scratches on her neck. When the plaintiff asked for her child, the defendant pushed her away nnd threatened that she would never she the child again. When plaintiff knocked on the door, the defendant forcefully grabbed her arms causing red welts and pulled her hair causing her to fear for her safety. The plaintiff left nnd called the pol ice. 5. The plaint iff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except for the limited purpose of facilitating custody arrangements. 6. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. B. EXCLUSIVE POSSESSION 7. The home which the plaintiff is asking the Court to order the defendant to stay away from is not owned or rented in the defendant's name. 8. The defendant is currently living with his mother, whose residence is located at 627 Hoot Owl Road. Boiling Springs, Cumberland County, Pennsylvania. C. REIMBURSEMENT FOR COST OF CASE 9. The plaintiff asks that the defendant be ordered to pay $250.00 to reimburse one of Legal Services, Inc. 's funding sources for the cost of litigating this case. 2 10. Thu plaintiff seeks temporary custody of the following 1l>-_JIlMPQRAI!'i.. !;.Vfl lQ/) '( chi ld: ~.JlU Kelsey Nieves P.BL/HHIL.ReJU Il.~ n ce An 627 Hoot Owl Road Boiling Springs, I'A 15 months old DaB: 12/28/95 The child was horn out of wedlock. The child is presently in the custody of the defendant, Springs, Pennsylvania. Michael Nieves, who resides at 627 Hoot Owl Road, Aoiling Since her birth, the child has resided with the following persons and at the following addresses: Name Plaintiff, defendant, Nancy and Lonnie Garland (plaintiff's parents), Lacy and Tiffany Garland (plaintiff's sisters), Lonnie Garland, Jr. (plaintiff's brother) Plaintiff, defendant, Anne Nieves (defendant's mother), Alair Trump (Anne Nieves's boyfriend), Lisa Nieves (defendant's sister), Kenny Nieves (defendant's brother) Addr&sses pates ]899 Spring Road Shermansdale, PA 17090 every other week from 12/28/95 to 4113197 627 Hoot Owl Road Boiling Springs, PA 17007 every other week from 12/28/95 to 4113197 The plaintiff, the mother of the child, currently resides at 3899 Spring Road, Shermansdale, Cumberland County, Pennsylvania. ] She is single. The plaintiff currently resides with the following persons: N1Ul1!l. Nancy Garland Lonnie Garlllnd Lacy Garlllnd Lonnie Garland, Jr. Ti ffany Gar land Ruat lonshlp Mother father Sister Brother Sister The defendant, the father of the child, currently resides at 627 Hoot Owl Road, Shermansdale, Cumberland County, Pennsylvania. He is single. The defendant currently residcs with the following persons: Name Anne Nicves Blair Trump Lisa Nlcves Kenny Nieves ~ Mother Mother's boyfriend Sister Brother II. The plaintiff hilS not previously participated in any litigation concerning custody of the abovc mentioned child in this or any other Court. 12. The plaintiff has no knowledge of any custody proceedings concerning this child pending before a court in this or any other jurisdiction. 13. The plaintiff does not know of any person not a pllrty to this action who hilS physical custody of the child or claims to have custody or visitation rights with rcspect to the child. 14. The best intercsts and permllnent welfare of the minor child will be met if custody is temporarily granted to the 4 plaintiff pending a hearing in this matter for reasons including: a. The plaint iff is a responsible parent who can best take care of the minor child and who has provided for the emotional and physical needs of the children since her birth. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant has forcibly removed the child from the plaintiff by assaulting her when she attempted to pick the child up for her period of custody and by denying her contact with the child since that time. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 9 6101 tl ~., as amended, the plaintiff prays this Honorable Court to grant the following relief: A. Grant a Temporary order pursuant to the "Protection from Abuse Act:" 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff, but not limited to, telephone and written cOlllmunicnt ions, except to fllc i I i tate custody 5 arrang~mentB. 3. Ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. Ordering the defendant to stay away from the plaintiff's residence located at 3899 Spring Road. Shermansdale, Cumb~rland County, Pennsylvania, and any other residence th~ plaintiff may establish, except for the limited purpose of trRnsferring custody of the parties' child. The defendant shali remain in his vehicl~ at all times during the transfer of custody. 5. Granting temporary custody of the minor child to the plaintiff. B. Schedule a hearing in accordance with the provisions of the .protection from Abuse Act,. and, after such hearing, enter an order to be in effect for a period of one year: 1. Ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications, except to facilitate custody arrangements. 6 ]. Ordering the defendant to rcfrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. 4. ordering thc dcfendant to stay away from the plaintiff's residence located at ]899 Spring Road, Shermansdale, Cumberland County, Pennsylvania, and any other residence the plaintiff may establish, except for the limited purpose of transfcrring custody of the parties' child. The defendant shall remain in his vehicle at all times during the transfer of custody. 5. Ordering the defendant to pay $250.00 to reimburse onc of Legal Services, Inc. 's funding sources for the cost of litigating this case. The plaintiff further asks that this Petition be filed and scrved without paymcnt of fees and costs by the plaintiff, pending a further order at the hcaring, and that certified copies of this Petition and Order be delivered to the Pennsylvania State Policc and the Middlesex Police Department which have jurisdiction to enforcc this Order. The plaintiff prays for such other rcl ief as may be just and proper. COUNT I t CUSTODY UNDf.R PI~J'L'iYr.VAN..L\ CUSTODY LAW 15. The 1I11egations of Count I ahove arc incorporated 7 here in a5 I f fully set forth. 16. The hest Interest and permanent welfl1re of the minor child will he served by confirming custody In the plaintiff as set forth In paragraph 14 of the petition. WHEREFORE, pursul1nt to 23 Pa.e.s. " 5301 .!l.1 seQ., and other I1ppllcahle rules and law, the plaintiff prays this Honorable Court to award custody of the minor child to her. The plaint iff praYR for such other relief 115 muy be just and proper. Respectfully submitted, ~ZL,t- CL'Ut / Joa Carey, Att~rney for ~'g;:::fl ff LEOAL SBRVICES, INC. B Irvine Row Carlisle. PA 17013 (717) 243-9400 B 5. The court costs and fees are waived. 6. This Order shal I renmin in effect for a period of one year or until modified or terminated by the Court. The order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 7. This Order may subject the defendant to: i) arrest under 23 Pa.C.S. g6113; ii) a private criminal complaint under 23 Pa.C.S. g6113.1; ii i) a charge of indirect criminal contempt under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. g6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 8. The Pennsylvania State Police and Middlesex Police Departments shall be provided with certified copies of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court thllt issued the order. When thllt court is unllvlli luhle, the defendunt shull he tuken he fore the uppropriute district justice. ( 23 Pa. C. s. ft 6113). By the Court. Joan carey Attorney for Plnlntlff .~. A. Hess, Judge John M. Glnee Attorney for Defendnnt j! Amanda Garland, A minor By Nancy Garland, the guurdlan IN TilE COURT OF COMMON PI.EAS OF Plulnt I ff CUMnERLANO COUNTY, PENNSYI.VANtA NO.97-2168 CIVIL TERM v. Michael Nieves, Defendant PROTECTION FROM ADUSE AND CUSTODY n;/tIDW.A/{ Y _ClI STQIIT-J~RJ)liR ., AND NOW, tills _''''':_ day of April, 1997, upon consideration of the parties' Consent Agreement, the following Temporllry Custody Order is entered with regard to custody of the purties' child, Kelsey Nieves, Don 12/28/95. I. The plaintiff, hereinufter referred to us the mother, and the defendunt, hereinnftcr referred to us the futher, shall shure legal custody of the child. 2. Physicul custody of the child shull be as follows: a. The mother and futher shllll alternate custody each week, transferring the child every week on Monday evening at 8:00 p.m. or another mutually agreed upon time. b. The mother IInd father shull have regulllr phone contuct with the child when the child is not in Lhut purent's custody. c. During the futher's periods of custody, if the mother is not working or in school, she shllil have the child in her care. d. The mother and futher shull hllve the right to periods of custody with the child on the child's birthdllY und on hol iduys ut times to be Ilgreed Amanda Garland, A minor By Nancy Garland, the guardian IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.97-2168 CIVtL TERM Michael Nieves, Defend/lnt PROTECTION FROM ARlJSE AND CUSTODY CONSENT AGRi'.EMENT ;I ,AJ This Agreement Is entered on this .""U day of April, 1997, by the plaictlff, Amanda Garland, and the defendant, Michael Nieves. The plaintiff Is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is represented by John M. Glace of the Law Office of John M. Glace. The parties agree that the following may be entered as an Order of Court. I. The defendant, Michael Nieves. agrees to refrain from abusing the plaintiff, Amanda Garland, or from placing her In fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff Including, but not limited to, telephone and written communications, except for the limited purpose of facll itating custody arrangements or communicating regarding the child's well-being. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass the plaintiff's relatives. 4. The defendant agrees to stay 8way from the plaintiff's residence located at 3899 Spring Road, Shermansdale, Cumberland County, Pennsylvania, and /lny other residence the plaintiff may establ ish, except for the 11m! ted purpose of t rllnsferr ing custody. 5. The defendant, although entering into this Agreement, lloes not Ildmit the allegations mllde in the Petition. 6. The defendant understands that the Protection Order entered In this mailer will be In effect for II period of one year Ilnd clln be extended beyond it orlglnlll expirlltion date If the Court finds thllt the defendont hils co~nitted Ilnother act of Ilbuse or hils engllged In II pattern or prllctice that Indicates continued risk of hllrm to the plllintiff. The defendant understands that this Order will be enforceable in the same monner as the Court's prior Temporary Protection Order entered in this cllse. 7. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. 06113; ii) a private crimlnlll complllint under 23 PII.C.S. g6113.li iii) II chargtl of Indlrtlct criminlll contempt under 23 Pa.C.S. 06114, punlshllble by imprisonment up to six months nnd II fine of $100.00-$1,000.00; ond Iv) civil contempt under 23 PII.C.S. g6114.1. 8. The defendllnt nnd the plnintiff Ilgree to the entry of a Temporllry Custody Order providing for the following regllrdlng their child, Kelsey Nieves. DOR 12/28/95. 8. The mother and father shill I share leglll custody of the chi Id. b. PhysicIII custody of the child shall be as follows: i. The mother and father sholl IIlternate custody each week, trllnsferring the child every week on MondllY evening lit 8:00 p.m. or another mutulllly Ilgreed upon time. il. The mother 111111 rllther sll/1I1 hllve regular It ! i i I f 1 ! ~ I phone contact wi th the chlln when the chi Id Is not In thllt pllrent's custony. Ii\. During thc r/llhcr's pcriods or custody, Ir the molhcr is nol workillg 01' in schonl, she shill I hllve lhe child III her cllre. iv. The mnther IIl1d rllther shill I hllve the right to periods or custody with lhe chi Id Oil the child's hirthdllY IIl1d on hol idllYs lit times to he IIgreed upon hy the pllrtles. c. The mother IIl1d rllther, hy mutuIII IIgreement, mny vary rrom this schedule III IIny lime, hut the Temporllry order 5111111 remllin in errcct Ullt i I rurther order or court. d. Elich pllrellt shnll pick the chi Id up ror his/hcr period or custody. e. The mothcr IIl1d rllthcr IIgrcc thllt ellch shall notlry the othcr Immcdilltely or IlIcdlclIl ellwrgellcics which lIr1sc while thc child Is In thnt pllrellt's cllre. r. The mothcr /llld r/lthcr 5111111 kcep elleh othcr Inrormed or his/hcr presellt /lddress IIl1d phonc numbcr IIl1d the IIl1me(s), nddress(es), IIl1d phollc lIumher(s) or the child cllre provlder(s). g. The mother 111111 r/llher rellllzc thllt their child's well heillg Is pllrllll10ullt to IIIlY dlrrerences they might tlllve Ill'lween themselves. Thererore, they IIgree thllt