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HomeMy WebLinkAbout97-04904 : ~'\V 'j-,'/)'/' ;4 , ;;',' , \>,1 '.:.,1'i' ,I, ,I,; " " , , '1,1 , , )'" , ' " " ;" " , , " 'if " , ;" '" , ,> I, li , , ' . " , i" " " " " , , ." iil ",I ,. , , , , T , \' !' , , " " ".' llf. > ,1' '.' :" " ~, ... 'V) ~ f.r; c "" -E " .. ",. ...r. ,.., '''l I." I : ,. ~ '~:?t ~ ? ,""( ::r.; "" '1:(:1 , , Q- }~ ',j. (~j t' ::;"{'ii 1':'1' M JI JIi' '~ i.LI ::l:! ,IJ -.J: ('.) -) ij ~" - ,I (;:) 'I; oi " ."j " " " ',' ') I" ,i't " " , , " . '. " I : " I.i, .', 'I,' I" _I "l , I~:; .1.' ".. ., r,',,'.,., ,I '~j'! ' , ' " I' r " I' ,t,', , " " , " ;"11 1'1"/ " , ,,' " , , ~s , ~I ~ ' ~ ~ . ~ ~ I. ~~ ~I ,. s I; !il . ~ I "I ~I ie tf5:: '" '" ~! i ~I 1, I~, ~ ~,. I ~ H ~t :, 10 , B 'i~ 0 S ~ ,., i I [& . ,... ... ~~ t , ~ : ,; i & I . ~ . . . ~~ '" I I> , ~ , " , ' ,'\.' , " ' ,", " , ',J, I I " , , , ' ,; ,', '1,,1 ,r , ., 01'; " ,I , "I, ~ II ,~ . '. . " " " " , , , " fr- In r; ~~ I .. :,<!" , ..11 !_o)!'.:.. 11' f' ,,, , ,) ~( ,'. I;.;.. ! ~-~ _'l' ;1'1 C " C'J 'Jj<.; I "-1. IrQ, " .' <., ~,} I ~J..- " 8 d , , u , " " " \, ,,t' j , I, , , " \ , . . . ,\ .., '" " ,: l f ' \ ~ \ Il.t'. '1- 1';\ -;; , I, j' 1'" , ~' , , , 'I' ..- .'oijrV :..... ~ :-:r:""n'~f~~~;~~~;~~.:- .~ IN Tal COURT or COKNON PLIAS or COMBI.LAND COUNTY, PINNSYLVANIA CIVIL ACTION . LAW NICHABL PATRICX LOVB, P1aintiff/Re.pondent r-'J <. ) . v. No. 97-4904 CIVIL TBRN ~ I " CANDICR SUB PBFFBR, Defendant/Petitioner IN CUSTODY " PBTITION rOR SPBCIAL RBLIB' AND TO HOLD PLAINTlrF/RBSPONDBNT IN CONTBNPT . , '. I ('. -" l:'J I ..... 'NOW CONIS, CANDICE SUB PBFrBR, Defendant/Petitioner, by and through her attorney, Maryann Murphy, Esquire. of Legal Services, Inc., and avers as follows: 1. Petitioner is CANDICI 801 PI,rlR who resides at 175 South Orange Street, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is single. 3. Respondent is NICUIL PATRICIC LOV1l who resides at 26 McBride Avenue, Carlisle, Cumberland County, Pennsylvania. 4. Respondent is single 5. Petitioner is the biological mother of the minor childl MICKABL JAMBS LOVB, born May 2, 1997. 6. Respondent is the biological father of the minor child. 7. By Order of Court dated March 29, 2000, petitioner has primary physical custody of the minor child. Respondent has temporary physical custody on alternating weekends and on Wednesdays from 10:00 a.m. until 2:00 p.m. (a copy of the March 29, 2000 Court Order is attached hereto, incorporated by reference herein, and marked as Exhibit "A") 8, A Custody Conciliation Conference was held on October 19, 2000 before Hubert X. Gilroy, Esquire after which the matter was referred to Court. A Hearing has been scheduled for December 27, 2000. The Custody Order dated March 29, 2000 remains in effect pending the Hearing, (a copy of the Conciliation Conference Summary Report and the Order dated November 6, 2000 is attached hereto, incorporatfld by reference herein, and marked as Exhibit "B") 9. Respondflnt's alternate weekend was from November 3, 2000 until November 5, 2000. Respondent asked petitioner if he could keep the minor child an extra night. petitioner agreed. 10. At approximately 3:30 p.m. on Monday, November 6, 2000, Respondent called Petitioner's mother and asked if she wanted to pick up the child at his house or if she wanted him to return the child to Petitioner., Petitioner's mother said that she would pick up the child. Petitioner's mother has helped in facilitating the transf.ers of custody since the Protection from Abuse Order was entered on July 26. 2000. (a copy of the petition and Protection Order is attached hereto, incorporated by reference herein, and marked as Exhibit "C") 11. When Petitioner's mother arrived at Respondent's residence, Respondent was outside on the sidewalk. He tried to give Petitioner's mother a Christmas card, saying "Merry Christmas to you and your husband . if he is a husband! ". The Respondent began to talk about slugs. Peti tioner' smother wae concerned because of Respondent's erratic behavior, and she began to walk around the car to go to the door to pick up her grandson. Respondent told her the child could not go with her. Respondent followed Petitioner's mother close behind her, yelling at her. Petitioner's mother felt Respondent hit or kick her thighs. The impact jolted her. Pet~tioner's mother started to walk away, but Respondent continued to follow her. Respondent told Petitioner's mother that she was "in his territory" and that "nobody is going to help you." Petitioner' I!l mother was finally able to use the telephone at the home of one of Respondent's neighbors to call the police. 12. When the police arrived, they would not retrieve the child from Respondent's home because Petitioner's mother did not have the custody Order. Respondent refused to return the child to Petitioner's custody. When petitioner and her mother went to the police station later that day, they were told they would need to contact an attorney. 13. Petitioner's counsel contacted Respondent's attorney to ask that the child be returned. Respondent's attorney, Marcus A. McKnight, III, Esquire, told Petitioner's counsel that he had advised Respondent to send the child back to his mother. Petitioner's counsel told Attorney McKnight that she would have to file this petition if Respondent did not return the child. 14. On more than one occasion, Respondent has contacted Children and Youth, alleging abuse and/or neglect of the minor child while he is with petitionel and her parents. On November 2, 2000, a letter was written to Petitioner by the caseworker from Children and Youth stating that no further Agency services are required. Petitioner believes that Respondent is angry that Children and Youth closed this investigation as well. (a copy of this letter is attached hereto, incorporated by reference herein, and marked as Exhibit "0") 15. Respondent has not returned the minor child to Petitioner, despite the Court Order and his attorney's advice. Although the police returned to Respondent's home to ask him to return the child to Petitioner, he refused. Petitioner is extremely worried about her son. Respondent has a history of losing control when he becomes angry. petitioner has been the minor child's primary caretaker since his birth, and the child has never been away from her for this long a period of time. petitioner has not seen or spoken to the minor child since November 3, 2000. 16. petitioner avers that Respondent has violated the Custody Order by refusing to return the child to her. petitioner further avers that Respondent should be held in contempt for violating this Order. 17. Petitioner requests that this Court direct law enforcement officials to immedi.ately remove the child from Respondent and place him solely in Petitioner's custody pending the Custody Hearing. v ( MAR 2 8 zooa~ IN mE COURT OF COMMON PLEAS OF CVMBERLANo COUNTY, PENNSYLVANIA "),\ CIVIL ACIlON - LAW \\' c,e' MICHAJ:L PATIUCK LOVE, Plaintiff : CANDICE SUE PEFFER, Defendant NO. 97-4904 CWIL IN CUSTODY COURT ORDER AND NOW, r.his 2..9 day of March, 2000, upon oonsideration of the attacl1cd Custody Conciliation Report, it is ordered and directed as follows: I. This COIUt'S prior Order of January 24, 2000 is varated. 2. The Fa:her, Michacl PatrirJc Love,lIId the Mother, (~ce SI:: Peffer. sballergoy sIwed lege! ='.lldy ofMicha.c1 Janles love, bomMay 2, 1997. 3. The Mother shall enjoy primary physical custody of the minor child. 4. Father shall enjoy periods of temporary physical custody of the minor child as follows: A. On alternating weelccuds from Friday evening at 5:00 pm. until Sunday evening at 5:00 pm. B. On every Wednesday from 10:00 am. until 2:00 p.rn. C. At such other times as agreed upon by the parties. 5. The parties shall share custody of the minor child on holidays pursuant to a sch~ule u win be arranged between t.he parties. 6. This order is entered P\lmlant to an agreement reached by the parties at a Custody Conciliation Conference. The parties may modify r.his order as they may agree. Absent an alll'eml<'l'lt~ tlois o!der s.b il control. in the even. cither pa....y desired to change r.his l:ustody order, that parti may petition the oourt w have the case again scheduled with the CusUldy Conciliator for a ConflTellce. BY TIlE COURT, IrF.d~~a~ley CC: Man:ua A. McKnight, Esquire J08Il Carey, Esquire L I- hi L I f -..' I .'7i::.~,l'J. ::~ ,1 ' y. ' ,1'.' "'..r,! h .r'c' ,.,y hand fJ.9~ (:"Pl=t' ~b rothonotary -r-o '/\ JUl 1 7 200~ CANDICE PEFFER, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF VS, : CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL PATRICK LOVE, DEFENDANT : NO, 98-nJJi CIVIL TERM : PROTECTION FROM ABUSE YOU IIA VE BEEN SUIW IN COURT. If you wish to defend against the claims set forth in the tollowing papers, you must appear at the hearing scheduled herein, If you tilil to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition, In particular, you may be evicted trom your residence and lose other important rights, /' :J' ./ / ~~() A hearing on this matter is scheduled on thet.rLL day o' V (4 , 2000, at .....l.s J:' .m" in Courtroom No, on the 4'h Floor of the Cumberland C ty ourthouse, 1 Courthouse Square, Carlisle, Pennsylvania, You MUST obey the Order that is attached until it is modified or tenninated by the court after notice and hearing, If you disobey this Order, the police may arrest you, Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a tine of up to $1,000,00 and/or up to six months in jail under 23 Pa,C.S, *6 I 14, Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code, Under federal law, 18 U,S,C, 92265, this Order is enforceable anywhere in the United States, tribal lands. U,S, Territories and the Commonwealth of Puerto Rico, If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U,S.c. * 2261-2262, You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer tor you, If you do nor have a lawyer or cannot afford one, go to or telephone the oUice set t,1rth bdow to tind out where you can get legal help, If you cannot find a lawyer, you may have to proceed without one, CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle. Pennsylvania 170 I 3 Telephone Number: (717)249-3166 AMERICANS WITH D1SAfllL..lTIES 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 int,>rrnar.i'Jn about accessible facilities and reasonable accommodations available to disabled individuals having business bd(lrC the court, pleusecontactouroftlce, L j.f"ll' + II 1 II ( PlalntlfT or Jolnlly by both parties. Order Defendant not to harass Plaintiff's relatives. S. A ce:1ified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Pollee Department Meebaniesburg Pollee Department 6. The sheriff. police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition. any Order issued. and the Order for Hearing without prepayment of costs, The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, The Prothonotary is directed to file this Petition and Order without prepayment of COSIS, 7. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT Defendant is hereby no:ificd that violation of this Order may result in arrest for indirect criminal contempt. which is punishable by a line ot up to $1,000.00 and/or up to six months injail. 23 Pa,C.S, ~61l4, Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers lor that purpose, 23 Pa.C.S. ~6I 13, Defendant is further notifi.ed that violation of this Order may subject him/her to state charges and penalties under the Pennsylvania Crimes Code and to federal charges and penalties under the Violence Against Women Act, 18 U.S.C, ~~226I. 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located, If defendant violates Paragraphs 1 through 3 of this Order, defendant shall be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant. based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weaponls are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. breaking the glass, causing plaintiff to sust8'n a lacer8tlon requiring approximately SO stitches. Defendant has thrown objects at Plaintiff such .s rocks, drinking glasses, and an ashtray, which hit her In the leg. Defendant hils also v8ndallzed Plaintiff's property by removing the stereo from her eat', slashing all four of her car's tires, smashing the windshield with a baseball bat and hlUlng her ear with a hammer. Defendant's recent activity has ,-aused Plalnlifrs fear to be exacerhated. 18. The police department(s) or law enforcement agencies that should he provided with a copy of the protection order are: Carlisle Police Department Mechanlcsburg Pollee Department 19, There is an immediate and present danger of further abuse from the Defendant 20, FOR THE REASONS SET FORTH ABOVE,I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOl.LOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found, b, Prohibit Detendant from having any contact with PlaintilT and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but 110t limited to any contact at Plaintiff's school, business. or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren, c. Prohibit Defendant from having any comact with Plaintitl's relatives and Plaintiff's children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren, d. Order Detendant to pay the costs of this action, including filing and service fees, e. Order the following additional reliet; not listed above: Order Defendant not to damage or destroy any property owned solely by Plaintiff or jointly by botb parties. Order Defendant not to bllrass Plaintiff's relatives. f. Grant such other relief as the court deems appropriate. g. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued. and the Order for Hearing. The petitioner will infonn the designated authority of any addresses, other than the Defendant's residence, where DefcnJam .an be served, Respectfully submitted, Date: 7 I; ~t'(/ , " ,.. Cl >- ("'7 ";';1 0 t, . 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