HomeMy WebLinkAbout00-05299
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MICHAEL JOE NIEVES, SR.,
Plaintiff
vs,
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSYLVANIA
: No, CO - 5;),,99 Ciu~l~0Uj
: CIVIL ACTION - AT LAW
: CUSTODY
HEATHER SHEAFFER,
Defendant
ORDeR OF COURT
You, Heather Sheaffer, Defendant in the above-captioned ~stody action, have
been sued in court to obtain custody, partial custody or visitation of the following child:
Michael J, Nieves, Jr., born June 6,1998,
You are ordered to ClPpear in person at
2000, at_.m., for
, on
a conciliation or mediation conference,
a pretrial conference,
a hearing before the court,
If you fail to appear as provided by this Order, an Order for custody, partial custody
or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY THE COURT:
Date:
J.
- '
,
MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
HEATHER SHEAFFER,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
AMERICANS WITH 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
hearing,
BY THE COURT:
Date:
J.
, illlj--j:
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MICHAEL JOE NIEVES, SR.
PLAINTIFF
V.
HEATHER SHEAFFER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5299 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 3rd day of August ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on the 14th day of September, 2000, at 9:30 a.m.
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.
FOR THE COURT,
By: Isl
a n S. Sunda s
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 TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MICHAEL JOE NIEVES, SR.,
Plaintiff
vs,
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No, /J()-0.29r ~ f..u-.-
HEATHER SHEAFFER,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
COMPLAINT IN CUSTODY
AND NOW, the Plaintiff, Michael J, Nieves, Sr" by and through his attorney, Jeanne
8, Costopoulos, Esquite, makes the following Complaint in Custody:
1, The Plaintiff, Michael J, Nieves, Sr., is an adult individual who currently
resides at 537 1 st, Carlisle, Cumberland County, Pennsylvania 17013,
2. The Defendant, Heather Sheaffer, is anwho currently resides at 156-A West
Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013.
4. The Plaintiff seeks partial custody of the following child:
Name
Present Residence
Ace
Michael J, Nieves, Jr,
156-A W. Penn St.
Carlisle, PA 17013
2yrs.
(DOB 6/6/98)
The child, Michael J, Nieves, is presently in the custody of his mother, Heather
Sheaffer, who resides at 156-A W, Penn Street, Carlisle, Cumberland County,
Pennsylvania 17013,
Since birth, the child resided with the following persons and at the following
adqresses:
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Name Address Dates
Heather Sheaffer 156-A W. Penn St. birth to
Michael J. Nieves, Sr. Carlisle, PA 17013 711 0/00
Heather Sheaffer 156-A W. Penn St. 7/10/00 to
Carlisle, PA 17013 present
The natural mother Of the child is Defendant, Heather Sheaffer, currently residing at
156-A W. Penn Street, Carlisle, Cumberland County, Pennsylvania 17013,
The natural father of the child is Michael J. Nieves, Sr" Plaintiff, currently residing at
537 1 st, Carlisle, Cumberland County, Pennsylvania 17013.
The child was born out of wedlock,
5. The relationship of the Plaintiff to the child is that of natural father, The Plaintiff
currently resides with the following persons:
The relationship of Defendant to the child is that of natural mother, Mother currently
resides with the following persons:
6. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court,
7, Plaintiff does not know of a person not a party to the proceedings who has
physical custody of any of the child or claims to hav~ physical custody or visitation rights
with respect to the child,
8, The best interests and permanent welfare of the child will be selVed by
granting the relief requested because:
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(a) Plaintiff is the natural father of the child and has played a major role in the
child's parenting since birth,
(b) Plaintiff has established a very close relationship/bond with the child,
(c) Plaintiff desires to continue exercising parental roles and enjoys the
love and affection of the child,
(d) The child should be permitted to enjoy the love, affection, and
emotional support which has always been provided by his father,
9, Each parent whose parental rights to the child have not been terminated and the
person who has physical custody of the child have been named as parties to this action.
No other persons are known to have or claim a right to custody or visitation of the child to
be given notice of the pendeFlcy of this action and the right to intervene.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter
an order granting to him shared physical and legal custody of his son.
Respectfully submitted,
Jea e ,CostopoLdos, Esquire
A ORNEY FOR PLAINTIFF
1400 N, Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct. \D No, 68735
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No.
HEATHER SHEAFFER,
Defendant
: CIVIL ACTION - AT LAW
: CUSTODY
VERIFICATION
I, Michael Joe Nieves, Sr., hereby verify that the statements made in the
foregoing Custody Complaint 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, 94904, relating to unsworn falsification to authorities,
Date: 7 -~- c;;o.
Signature: ~:'Lu~~ (J^A'. ~
M HAEL JO lEV S, SR.
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: IN THE CXlURT OF CXlMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-5299
CIVIL TERM
.
.
.
.
CIVIL ACTION - LAW
HEATHER SHEAFFER,
Defendant
:
: IN CUSTODY
aIDER OF CXXJRT
AND NCfi, this 9th day of August, 2000, the Conciliator, being
advised by counsel that the Father wishes to withdraw his Complaint for
Custody at this time, hereby relinquishes jurisdiction in this case. The
Custody Conciliation Conference scheduled for September 14, 2000, is
canceled.
FOR THE CXlURT,
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Dawn S. Sunday, Esquire
Custody Conciliator
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MICHAEL JOE NIEVES, SR.
PLAINTIFF
V,
HEATHER SHEAFFER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-5299 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
ANDNOW, this 22nd day of September ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg,PA 17055 on the ~dayof October ,2000, at 1:00 p.m.
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.
FOR TIlE COURT,
By: Isl
Dawn S. Sunday. Esq.UJ
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 arty hearing or business before the court. You must
attend the scheduled conference or hearing,
YOU SHOULD TAKE TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00-5299
HEATHER SHEAFFER,
Defendant
: CMLACTION-ATLAW
: CUSTODY
AMERICANS WITH 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 infonnation about accessible facilities
and reasonable accommodations available to disabled individuals having business before
the court, please contact our office. All arrangements must be made at least 72 hours prior
to any hearing or business before the court. You must attend the scheduled conference or
hearing,
BY THE COURT:
Date:
J.
. .
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00-5299
HEATHER SHEAFFER,
Defendant
: CML ACTION - AT LAW
: CUSTODY
ORDER OF COURT
You, Heather Sheaffer, Defendant in the abovEH:8ptioned custody action, have been
sued in court to obtain custody, partial custody or visitation of the following child: Michael J.
Nieves, Jr., born June 6, 1998.
You are ordered to appear in person at
2000, at _.m., for
, on
a conciliation or mediation conference.
a pretrial conference.
a hearing before the court.
If you fail to appear as provided by this Order, an Order for custody, partial custody
or visitation may be entered against you or the Court may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BY THE COURT:
Date:
J.
....
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00-5299
HEATHER SHEAFFER,
Defendant
: CML ACTION - AT LAW
: CUSTODY
REQUEST FOR CONCILIATION CONFERENCE
AND NOW, the Plaintiff, Michael J. Nieves, Sr., by and through his attorney, Jeanne
B, Costopoulos, Esquire, makes the following Request for Conciliation Conference:
1, The Plaintiff, Michael J. Nieves, Sr., is an adult individual who currently
resides at 537 1st, College Park, Carlisle, Cumberland County, Pennsylvania
17013,
2. The Defendant, Heather Sheaffer, is an who currently resides at 156-A West
Penn Street, Carlisle, Cumberland County, Pennsylvania, 17013,
3. A custody complaint was filed on July 31, 2000 and by order dated August 3,
2000, a custody conciliation conference was scheduled to take place before
Dawn Sunday, Esquire, on September 14, 2000.
4, By the time the order reached undersigned counsel, Plaintiff had decided that
a conference was not necessary since he was getting along with Defendant
at the time.
5. Undersigned counsel infonned Dawn Sunday's office on August 9, 2000, that
her client, Plaintiff, did not wish to pursue his custody complaint at that time.
As a result, Dawn Sunday relinquished jurisdiction of the case.
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6. Since August 9, 2000, the relationship between Plaintiff and Defendant has
substantially deteriorated and he now wishes to pursue the claims set forth in
his custody complaint.
WHEREFORE, Plaintiff respectfully requests the court to re-schedule a conciliation
conference as soon as possible.
Respectfully submitted,
Jean B. Costopoulos, Esquire
ATTORNEY FOR PLAINTIFF
1400 N. Second Street
Harrisburg, PA 17102
(717) 221-0900
Supreme Ct. 10 No. 68735
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: No. 00-5299
HEATHER SHEAFFER,
Defendant
: CML ACTION - AT LAW
: CUSTODY
CERTIFICATE OF SERVICE
I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of
the foregoing document upon the person, and in the manner, indicated below, which service
satisfies the requirements of the PA Rules of Civil Procedure, by depoSiting a copy of the
same with the United States Post Office at Hanisburg, Pennsylvania, through first class
mail, prepaid. and addressed as follows:
Dawn Sunday, Esquire
39 W. Main Street
Mechanicsburg, PA 17055
Heather Sheaffer
156-A West Penn Street
Carlisle, PA 17013
BY:
Jeanne ~topoUIOS' Esquire
ATTORNEY FOR PLAINTIFF
1400 N. Second Street
Hanisburg, PA 17102
(717) 221-0900
Supreme Ct. 10 No. 68735
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DATED:
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MICHAEL JOE NIEVES, SR.,
Plaintiff
: IN THE OOURT OF OOMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 00-5299 CIVIL TERM
.
.
HEATHER SHEAFFER,
Defendant
:
CIVIL ACTION - LAW
IN CUSTODY
.
.
ORDER OF COURT
AND Nai, this {., f{, day of _NovC'..""'7l,,., J ,,'. 2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Father, Michael Joe Nieves, Sr. , and the Mother, Heather
Sheaffer, shall have shared legal custody of Michael J. Nieves, Jr., born
June 6, 1998. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all
decisions regarding his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have an initial period of superviSed visitation
with the Child at a supervising agency selected by agreement of the
parties. The specific date and time for the period of superviSed
visitation shall be arranged by agreement of the parties. The Father shall
be responsible for any costs of supervision.
4. Following the Father's periOd of supervised visitation, the Father
shall have partial custody of the Child every Saturday from 9:00 a.m. until
2:00 p.m. at the paternal grandfather's residence or a public place, unless
otherwise agreed between the parties. The Father shall not take the Child
to his residence. The Father shall contact the Mother by telephone every
Friday between 12:00 noon and 2:00 p.m. to confirm the exchange time and to
select the place of exchange. The Father may have custody of the Child at
any additional times arranged by agreement of the parties.
5. Each party shall ensure that the other party has his or her
current address and telephone number on an ongoing basis.
6. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
cc: Jeanne B. Costopoulos, Esquire
Maryann Murphy, Esquire - Couns
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MICHAEL JOE NIEVES, SR.,
Plaintiff
.
.
IN THE OJURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
:
vs.
: NO. 00-5299 CIVIL TERM
:
HEATHER SHEAFFER,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CDfCILIATlOO SUMMARY REPOOT
IN ACCmDANCE WITH CUMBERLAND axJNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Michael J. Nieves, Jr.
June 6, 1998
Mother
2. A COnciliation COnference was held on October 19, 2000, with the
following individuals in attendance: The Father's counsel, Jeanne B.
Costopoulos, Esquire, and the Mother, Heather Sheaffer, with her counsel,
Maryann Murphy, Esquire. The Father, Michael Joe Nieves, Sr. participated
in the Conference by telephone.
3. The parties agreed to entry of an order in the form as attached.
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Custody Conciliator
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MICHAEL J. NIEVES, SR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v,
00-5299 CIVIL ACTION LAW
HEATHER SHAEFFER (NOW BARRICK)
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, August 25, 2004 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, September 22, 2004 at 12:00 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 aU 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
Dawn S. Sunda,y, Esq.
Custody Conciliator
mhc
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 TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE lliE OFFICE SET
FORlli BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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2 0 2004 V6.
AUG
MICHAEL J. NIEVES, Sr.,
Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 00-5299
HEATHER SHAEFFER ( now
BARRICK),
Defendant
CIVIL ACTION- CUSTODY
ORDER of COURT
AND NOW, this day of ,2004, upon due
consideration of the attached Complaint in Custody, it is hereby ORDERED and
DECREED that the parties and their respective counsel appear before
, Esquire, the Conciliator, at . on the
day of , 2004 at , M, for a
Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve
the issues in dispute; or, if this carmot be accomplished, to defme and narrow the issues to
be heard by the Court, and to enter into a Temporary Order. All children age five (5) or
older shall be present at the conference. Failure to appear at the conference may provide
grounds for a temporary or permanent order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
4th FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE,PA 17013
(717)240-6200
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MICHAEL J. NIEVES, Sr.,
Plaintiff
IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 00-5299
HEATHER SHEAFfER (now
BARRICK),
Defendant
:
CIVIL ACTION- CUSTODY
:
To the Judges of Said Court:
Complaint for Custody
AND NOW, thiJ'~y of~t004 comes MICHAEL J. NIEVES, Sr" Plaintiff
above named, by and through his attorney, John M. Glace, Esquire, and respectfully
presents the below Complaint for Custody, and, in support thereof, avers the following:
1. Plaintiff MICHAEL NIEVES is adult individual who resides at 1518 Pine
Road, Carlisle, Cumberland County, PA 17013.
2. Defendant HEATHER SHAEFFER (now BARRICK) is an adult individual,
who has been married to Richie Barrick and subsequently divorced since commencement
of the above Custody Action, who now resides at 693 Center Street, Chambersburg,
(Franklin County), PA 17201
3. Above parties are the natural parents of the following:
a. Tyler Aaron Nieves (DOB: 5/11/00); and
b. Michael Joe Nieves, Jr. ( DOB: 6/6/98)
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4. Parties formerly resided together. After separation above Plaintiff initiated
above Custody Action wherein the Honorable J. Wesley Oler, Judge of this Court signed
on November 6, 2004 a Custody Order, still extant without modification. A true and
correct copy of this Order is attached hereto as Exhibit "A" and made part hereof.
5. Subsequent to issuance of the above Order, Defendant's social circumstances
compelled her to relinquish voluntarily primary custody of both children to Plaintiff.
6. Plaintiff enrolled Michael, Jr. in Oak Flat Elementary School, Newville, P A,
the lIPpropriate school district registration for his residence, and Michael, Jr. attended
school at that Elementary School for the 2003-2004 school. He has enrolled Michael, Jr.
again this year and pre-enrolled Tyler for entry level education for the 2004-2005 school
year.
7. Defendant, during her subsequent marriage and divorce and thereafter,
maintained a custom of unscheduled, but mutually agreeable, partial custody.
8. During July, 2004, Defendant took both of the children from the Carlisle
residence with Plaintiff father and told him that he would not be permitted to see his
children again.
9. It clearly is not in the best interests for either chile! to be denied the presence of
their father. Further, the children have established a great bond with their circumstances
with their father including school registration and attendance, friends, and familiarity with
rural area in which they had resided. Also Defendant Mother has demonstrated consistent
social instability that does not present the optimal conditions for the care and sustenance
of elementary age boys as evinced by her "snatch" and refusal to comply with not only the
existing de facto custody agreement of the parties; but the attached controlling Order of
Court.
10. During the lives of the two (2) minor children, they have resided at the
following locations:
a, 22 Glebe Ave, Newville, (Cumberland County), PA; and
b. 156A West Penn St., Carlisle, (Cumberland County), PA; imd
c. a trailer park on Route 11, Newville (Cumberland County), PA; and
d. both parties' addresses above described.
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II. All parties are made party to this action
12. No named party is a present member of the armed forces of the United States
of America.
l2.. Plaintiff respectfully request shared legal custody and primary physical
custody of the above minor children to permit continuation of school attendance. Further
Plaintiff respectfully requests that TIME BE OF THE ESSENCE to permit resolution
prior to co=encement of the coming school year.
WHEREFORE, above Plaintiff MICHAEL JOE NIEVES, Sr., respectfully
requests this Honorable Court to grant him shared legal custody and primary physical
custody of MICHAEL JOE NIEVES, Jr. and TYLER AARON NIEVES with any terms
and conditions deemed advisable by the Court..
Respectfully Submitted,
John , Esquire
Supre e ill: 23933
132- 4 ut Street
H , PA 17101-1612
(717) 238-5515
Attorney for Plaintiffs
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MICHAEL JOE NIEVES, SR., : IN THE OJURT OF CDMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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vs. . NO. 00-5299 CIVIL TERM
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HEATHER SHEAFFER, : CIVIL ACTION - LAW
Defendant . IN CUSTODY
.
ORDER OF COURT
AND Na'l, this &, f{, day of _Nove.v<-;1~rJ " .2000, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Father, Michael Joe Nieves, Sr. , and the Mother, Heather
Sheaffer, shall have shared legal custody of Michael J. Nieves, Jr., born
June 6, 1998. Each parent shall have an equal right, to be exercised
jointly with the other parent, to make all major non-emergency decisions
affecting the Child's general well-being including, but not limited to, all
decisions regarding his health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have an initial period of supervised visitation
with the Child at a supervising agency selected by agreement of the
parties. The ,specific date and time for the period of supervised
visitation shall be arranged by agreement of the parties. The Father shall
be responsible for any costs of supervision.
4. Following the Father's period of supervised visitation, the Father
shall have partial custody of the Child every Saturday from 9:00 a.m. until
2:00 p.m. at the paternal grandfather's residence or a public place, unless
otherwise agreed between the parties. The Father shall not take the Child
to his residence. The Father shall contact the Mother by telephone every
Friday between 12:00 noon and 2:00 p.m. to confirm the exchange time and to
select the place of exchange. The Father may have custody of the Child at
any additional times arranged by agreement of the parties.
5. Each party shall ensure that the other party has his or her
current address and telephone number on an ongoing basis.
6. This Order is entered pursuant to an agreement of the parties at a
Custody Conciliationeonference. The parties may modify the provisions of
this Order_Qy mutual consent. In the absence of mutual consent, the terms
TRUi ElGPYrlilBQtahREGG9D
In Testimony whereof, I here unto set my haoo
and the seal of said Coort at Carlisle. ~y""
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(j co: Jeanne B. Costopoulos, Esquire
Maryann Murphy, Esquire Couns
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VERIFICATION
I verifY that the statements made in the foregoing Complaint for Custody are true
and correct to the best of my understanding and belief. I understand that false statements
herein are made su~ect to the penahies provided by 18 Pa. CSA, Section 4904, relating
to unsworn fulsification to authorities.
Date:
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that this /1./dayof August, 2004 I have served a true and
correct copy of the foregoing Complaint for Custody, by first class mail, postage
pre-paid, upon:
Heather Shaeffer Barrick
693 Center Druive
Chambersburg, P A 17201
LAW OFFICES of JOHN M. GLACE
'; Esquire
put Street
Harrisb P. 17101-1612
(717) 38-5515
Identification No. 23933
Counsel for Plaintiff
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SEP 3 0 2004 (
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MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 'I" day of 0 c.hlo-c/ , 2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated November 4, 2000 is vacated and replaced with this
Order.
2. The Father, Michael 1. Nieves, Sr., and the Mother, Heather Barrick, shall have shared legal
custody of Tyler Aaron Nieves, born May 11, 2000, and Michael Joe Nieves, Jr., born June 6, 1998.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion, Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall provide information
concerning the Children's school and extracurricular activities and schedules to the Father promptly on
a regular basis.
3. Pending the additional conciliation conference scheduled in this Order and further agreement
of the parties or Order of Court, the parties shall share having physical custody of the Children, with
the Father having custody every weekend from Friday at 3:00 p.m, through Sunday at 7:00 p.m. and
the Mother having custody every week from Sunday at 7:00 p.m. through Friday at 3 :00 p.m. The
Father's first weekend period of custody shall begin on Friday, September 24,2004.
4, The party receiving custody ofthe Children shall be responsible to provide transportation for
the exchange of custody,
5. The parties and counsel shall attend a custody conciliation conference in the office of the
conciliator, Dawn S, Sunday, Esquire, on Wednesday, December l, 2004, at 9:00 a.m.
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6. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion ofthe Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
7, This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: ...fohn M. Glace, Esquire - Counsel for Father
,/.l"essica Diamondstone, Esquire - Counsel for Mother
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MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
Tyler Aaron Nieves
Michael Joe Nieves, Jr.
DATE OF BIRTH
May ll, 2000
June 6,1998
2. A conciliation conference was held on September 22, 2004, with the following individuals in
attendance: The Father, Michael 1. Nieves, Sr., with his counsel, John M. Glace, Esquire, and the
Mother, Heather Barrick (formerly Shaeffer), with her counsel, Jessica Diamondstone, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
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Custody Conciliator
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MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tyler Aaron Nieves
Michael Joe Nieves, Jr.
May 11, 2000
June 6, 1998
Mother
Mother
2, A conciliation conference was held on December l, 2004, with the following individuals in
attendance: The Mother, Heather Barrick (formerly Shaeffer), with her counsel, Jessica Diamondstone,
Esquire, Neither the Father, Michael 1. Nieves, Jr., nor his counsel, John M. Glace, Esquire, appeared
for the conference. This was a follow-up conference scheduled at the conclusion of the prior
conference on September 22, 2004 and included in this Court's Order dated October 4,2004.
3, The purpose of the follow-up conference was to review the Order entered following the prior
conference under which the Mother had custody of the Children every week from Sunday through
Friday and the Father had custody every week from Friday through Sunday. According to the Mother,
the Father had only exercised his right to weekend periods of custody 50% of the time since the
September conference, In addition, the Mother indicated that the Children told the Mother that they
frequently spend the entire weekends when the Father does exercise custody at their paternal aunt's
home where the Father stops to visit at times. The Mother confirmed that she drops off and picks up
the Children from the paternal aunt's residence. At the September conference, the Father expressed
concern regarding the sharing of information concerning the Children, particularly school and activity
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schedules. The Mother advised at the follow-up conference that she has provided the Father with a
packet of all information pertaining to the Children during the first week of each month, although the
Mother noted that the Father has not attended any school or other activities for the Children since the
initial conference.
The Mother requested that the weekend schedule be changed to alternating weekends as the
Father has been unable to commit to having custody every weekend. The Mother makes arrangements
to work on the Father's scheduled weekends and it causes difficulty when the Father cancels without
notice. In addition, the Mother explained that the Children are extremely disappointed when they do
not get to see their Father over his scheduled weekend periods. Finally, the Mother has had difficulty
on a few occasions when the Children do not have their glasses or bookbags when the Mother picks
them up at the paternal aunt's home on Sundays as these items are necessary for school the following
day.
4. Based upon the representations made by the Mother at the conference and the fact that the
Father was not in attendance despite the scheduling of the follow-up conference at the prior conference
and in the prior Order, the conciliator recommends an Order in the form as attached, under which the
Father may request an additional conference to address any concerns he may have.
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Dawn S. Sunday, Esquir
Custody Conciliator
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MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this q ft day of "i) e-t- . , 2004,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
1. The prior Order of this Court dated October 4, 2004 is vacated and replaced with this Order.
2. The Father, Michael J. Nieves, Sr., and the Mother, Heather Shaeffer, shall have shared legal
custody of Michael J. Nieves, Jr., born June 6, 1998, and Tyler Aaron Nieves, born May l1, 2000.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall provide information
concerning the Children's school and extracurricular activities and schedules to the Father promptly on
a regular basis.
3, The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on alternating weekends from
Friday at 3:00 p.m, through Sunday at 6:00 p.m" beginning with the Father having custody of the
Children on Friday, December 3, 2004. In the event the Father is unavailable for a period of weekend
custody under this provision, the Father shall notify the Mother by the preceding Thursday at 5:00 p.m.
The Father may have additional periods of custody with the Children during the interim weekends if
the Father is not working and is available to spend time with the Children, as arranged by agreement
between the parties.
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5. Unless otherwise agreed between the parties, the parties shall share having custody of the
Children on holidays as follows:
A, Christmas: The Christmas holiday shall be divided into Segment A, which shall run from
Christmas Eve at 12:00 noon through Christmas Day at l2:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody during Segment A and the Father shall have
custody in Segment B. In odd numbered years, the Father shall have custody of the
Children during Segment A and the Mother shall have custody during Segment B,
B, Thanksgiving: In every year, the Mother shall have custody ofthe Children on
Thanksgiving Day until 2:00 p.m. and the Father shall have custody from Thanksgiving
Day at 2:00 p.m. through Friday at 6:00 p.m., or through the remainder of the weekend ifit
is the Father's regular alternating weekend period of custody.
C, Remaining Holidavs: The parties shall alternate or equally share having custody of the
Children on Easter, Memorial Day, July 4th, and Labor Day each year as arranged by
agreement.
D. Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the Children
on Mother's Day and the Father shall have custody ofthe Children on Father's Day from
9:00 a.m. until 6:00 p.m. or as otherwise agreed between the parties.
E. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule.
6. Unless otherwise agreed, the party receiving custody ofthe Children shall be responsible to
provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
8. The Father may request a review of the custody arrangements set forth in this letter by filing
a petition with the Court requesting the scheduling of an additional custody conciliation conference,
9. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: v{ssica Diamondstone, Esquire - Counsel for Moth
/ohn M, Glace, Esquire - Counsel for Father
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MICHAEL 1. NIEVES, SR,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
00-5299 CIVIL ACTION LAW
HEATHER SHEAFFER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, March 29, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before I)a:wn_~Sumlay, Esq... , the conciliator,
at 39 West Main Street, Mechanicsbur2, FA 17055 on Thursday, April 27, 2006 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
ifthis 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 hearine:.
FOR THE COURT.
By: Isl
Dawn S. Sunda Es
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 infonnation about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249.3166
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MAR 2 7 2006
BY:
MICHAEL]. NIEVES, Sr.,
Plaintiff
IN TIlE COURT of COMMON PLEAS,
CUMBERLAND COUNTY
PENNSYLV ANlA
v.
No. 00-5299
HEATHER SHAEFFER,
(now BARRICK),
Defendant
CIVIL ACTION - CUSTODY
AND NOW this _ day of ,2006, upon due
consideration of the attached Complaint in Custody, it is hereby ORDERED and
DECREED that the parties and their respective counsel appear before
, Esquire, the Conciliator at on the
day of , 20q) at , _M for a
Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the
issues in dispute; or, if this matter cannot be accomplished, to define and narrow the issues
to be heard by the Court and to enter a Temporary Order. Failure to appear at the
Conference may provide grounds for a temporary or permanent Order.
FOR THE COURT:
By:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER AT TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP
COURT ADMINISTRATOR
FOURTH FLOOR CUMBERLAND COUNTY COURTIlOUSE
ONECOURTIlOUSESQUMrn
CARLISLE, PENNSYLV ANlA
(717) 240.6200
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MICHAEL J. NIEVES, Sr.,
Plaintiff
IN THE COURT of COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 00-5299
HEATHER SHAEFFER,
(now BARRICK)
CIVIL ACTION - CUSTODY
To: The Judges of Said Court:
Complaint for Custody and Special Relief
AND NOW tru2 4Cday of March, 2006 comes Plaintiff, MICHAEL J, NIEVES,
Sr., above named, by and through his attomey,John M. Glace, Esquire, and pursuant to Pa.
R.C.P. 1915.13 presents this Complaint for Custody and Special Relief as follows:
1. Plaintiff Michael J. Nieves, Sr. is an unmarried adult individual who presently
resides at 7 Pine Road, Apartment 502, Mount Holly Springs, Cumberland County,
Pennsylvania, 17065.
2. Defendllnt Heather Shaeffer ( now Barrick) is an married adult individual who,
upon knowledge wd belief, resides at 693 Center Drive, Chambersburg, Franklin County,
Pennsylvania 17201; but is separated from her husband wd resides with another male adult.
3. Above parties are the biological parents of Tyler Aaron Nieves (doh: 5/11/00)
and Michael Joe Nieves, Jr. (6/6/98). Said minor children were bom out of wedlock.
4. Above children are in the primary custody of above Defendllnt pursuant to a
December 9, 2004 of this Honorable Court. Said Order is attached hereto as Exhibit "A"
and made part hereof.
5. Defendant has, throughout the term of said Order, disregarded the terms and
conditions of that Order by denying telephone contact, re-scheduling and denying Plaintiff's
partial custody at her caprice and whim. Said deliberate actions are meant to cause distress
and financial detriment to Plaintiff. Further, said actions have caused and continue to cause
pain and distress to the minor children.
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6. On February 25, 2006, Defendant, by telephone, informed Plaintiff that she
would no longer comply at all with the Order of Court and that she would not allow him to
see his children again nor to talk with them on the telephone.
7. Said acts by Defendant constitute prima facie bad faith and are patently not in the
best interests of the minor children.
8.. All parties of interest have been made party to this action.
WHEREFORE. Plaintiff MICHAEL J. NIEVES, Sr., respectfully requests that this
Honorable Court grant him Specilll Relief as follows:
a. that he be permitted physical custody of his minor children for periods of time
cOlnmensurate to those periods of time that he was denied custody after February
25, 2006; and
b. that Defendant should be directed to attend and successfully complete a
separated parents program; and
c. that it be determined that Defendant's actions were in bad faith and that she
should be assessed the costs of suit by the Plaintiff including his reasonable
attorney's fees.
Respectfully submitted,
The Law Office 0 hn M. Glace
ce, Esquire
.!D: 23933
132-1 4 ut Stteet
Hatti urg, PA 17101-1612
(717-238-5515)
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MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 9fh day of f) j j1 P /YYI ~ l-/I h f , 2004,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
1. The prior Order of this Court dated October 4, 2004 is vacated and replaced with this Order.
2. The Father, Michael J. Nieves, Sr., and the Mother, Heather Shaeffer, shall have shared legal
custody of Michael 1. Nieves, Jr., born June 6, 1998, and Tyler Aaron Nieves, born May 11,2000.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall provide information
concerning the Children's school and extracurricular activities and schedules to the Father promptly on
a regular basis.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on alternating weekends from
Friday at 3 :00 p.m. through Sunday at 6:00 p.m., beginning with the Father having custody of the
Children on Friday, December 3, 2004. In the event the Father is unavailable for a period of weekend
custody under this provision, the Father shall notify the Mother by the preceding Thursday at 5 :00 p.m.
The Father may have additional periods of custody with the Children during the interim weekends if
the Father is not working and is available to spend time with the Children, as arranged by agreement
between the parties,
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5. Unless otherwise agreed between the parties, the parties shall share having custody of the'
Children on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody during Segment A and the Father shall have
custody in Segment B, In odd numbered years, the Father shall have custody of.the
Children during Segment A and the Mother shall have custody during Segment R
B. Thanksgiving: In every year, the Mother shall have custody of the Children on
Thanksgiving Day unti12:00 p.m. and the Father shall have custody from Thanksgiving
Day at 2:00 p,m, through Friday at 6:00 p.m., or through the remainder of the weekend if it
is the Father's regular alternating weekend period of custody.
C. Remaining Holidavs: The parties shall alternate or equally share having custody of the
Children on Easter, Memorial Day, July 4th, and Labor Day each year as arranged by
agreement.
D. Mother's DavlFather's Dav: In every year, the Mother shall have custody of the Children
on Mother's Day and the Father shall have custody of the Children on Father's Day from
9:00 a.m. until 6:00 p.m. or as otherwise agreed between the parties.
E. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule.
6. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to
provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
8. The Father may request a review of the custody arrangements set forth in this letter by filing
a petition with the Court requesting the scheduling of an additional custody conciliation conference.
9. The parties may modifY the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: Jessica Diamondstone, Esquire - Counsel for Mother
John M. Glace, Esquire - Counsel for Father
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VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are
true and correct to the best of my understanding and belief. I understand that false
statements herein are made subject to the penalties provided by 18 Pa. CSA, Section
4904, relating to unswom falsification to authorities.
Date:
~2i I ()~
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that thilJt:day of March, 2006 I have served a true and
correct copy of the foregoing Complaint for Custody and Special Relief, by first class
mail, postage pre-paid, upon:
Heather Barrick
693 Center Drive
Chambersburg, P A 17201
LAW OFFICES of JOHN M. GLACE
Jo . lace, Esquire
1 2- 3 Walnut Street
H 's g,PA.1710l-l6l2
717) 238-5515
Identification No. 23933
Counsel for Plaintiff
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MICHAEL J, NIEVES, SR.
Plaintiff
RECEIVED
MAY 0 4 2006
BY: .9'
IN THE COURT OF COMMON PLEAS 01<
CUMBERLAND COUNTY, PENNSYLVANIA
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vs.
00-5299
CIVIL ACTION LAW
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HEATHER SHEAFFER
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of VV/2+ ' 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
I. The parties shall participate in a minimum of three sessions of therapeutic family counseling
with a professional to be selected by agreement between the parties. The purpose ofthe counseling
shall be to obtain guidance in addressing issues which have arisen with regard to the Children, and
establish effective co-parenting strategies and communication, All costs of counseling which are not
covered by insurance shall be shared equally between the parties. The parties shall select the counselor
and contact the counselor's office within 15 days of the custody conciliation conference to schedule
the first session.
2, The parties shall strictly adhere to the schedule set forth in the prior Order of this Court dated
December 9, 2004 without negotiation under which the Father shall pick up the Children for weekend
periods of custody on Friday at 3:00 p,m. and the Mother shall pick up the Children at the end ofthe
Father's weekend period of custody on Sunday at 6:00 p.m.
3. The parent receiving custody of the Children shall be responsible to provide transportation
for the exchange of custody.
4. The Father shall have a period of vacation custody with the Children for the first week after
football practice is over in the summer.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference.
BY THE COURT,
cc: ~ M. Glace, Esquire - Counsel for Father
j€ssica Holst, Esquire - Counsel for Mothe~
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MICHAEL J, NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHEAFFER
Defendant
IN CUSTODY
Prior Judge: 1. Wesley Oler, Jr,
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
]. The pertinent information concerning the Children who are the subjects ofthis litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tyler Aaron Nieves
Michael Joe Nieves, Jr.
May 11, 2000
June 6, 1998
Mother
Mother
2. A custody conciliation conference was held on April 27, 2006, with the following
individuals in attendance: The Father, Michael J. Nieves, Sr., with his counsel, John M. Glace, Esquire,
and the Mother, Heather Sheaffer, with her counsel, Jessica Holst, Esquire.
3, The parties agreed to entry of an Order in the form as attached.
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Date
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,
Da~;!;
Custody Conciliator
o
DEe 0 7 20011
CHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
Prior Judge: J. Wesley Oler, Jr.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLANU COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
Tyler Aaron Nieves
Michael Joe Nieves, Jr.
May 11,2000
June 6, 1998
Mother
Mother
2. A conciliation conference was held on December 1, 2004, with the following individuals in
attendance: The Mother, Heather Barrick (formerly Shaeffer), wit.h her counsel, Jessica Diamondstone,
Esquire. Neither the Father, Michael J. Nieves, Jr., nor his counsel, John M. Glace, Esquire, appeared
for the conference. This was a follow-up conference scheduled at the conclusion of the prior
conference on September 22,2004 and included in this Court's Order dated October 4,2004.
3. The purpose of the follow-up conference was to review the Order entered following the prior
conference under which the Mother had custody of the Children every week from Sunday through
Friday and the Father had custody every week from Friday through Sunday. According to the Mother,
the Father had only exercised his right to weekend periods of custody 50% of the time since the
September conference. In addition, the Mother indicated that the Children told the Mother that they
frequently spend the entire weekends when the Father does ex{:rcise custody at their paternal aunt's
home where the Father stops to visit at times. The Mother confirmed that she drops off and picks up
the Children from the paternal aunt's residence. At the September conference, the Father expressed
concern regarding the sharing of information concerning the Children, particularly school and activity
schedules. The Mother advised at the follow-up conference that she has provided the Father with a
packet of all information pertaining to the Children during the first week of each month, although the
Mother noted that the Father has not attended any school or other activities for the Children since the
initial conference.
The Mother requested that the weekend schedule be changed to alternating weekends as the
Father has been unable to commit to having custody every weekend. The Mother makes arrangements
to work on the Father's scheduled weekends and it causes difficulty when the Father cancels without
notice. In addition, the Mother explained that the Children are extremely disappointed when they do
not get to see their Father over his scheduled weekend periods. Finally, the Mother has had difficulty
on a few occasions when the Children do not have their glasses or bookbags when the Mother picks
them up at the paternal aunt's home on Sundays as these items are necessary for school the following
day.
4. Based upon the representations made by the Mother at the conference and the fact that the
Father was not in attendance despite the scheduling of the follow-up conference at the prior conference
and in the prior Order, the conciliator recommends an Order in the form as attached, under which the
Father may request an additional conference to address any concerns he may have.
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Dawn S. Sunday, Esquire
Custody Conciliator
Date
MICHAEL J. NIEVES, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this CffL day of 1)e~. , 2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated October 4, 2004 is vacated and replaced with this Order.
2. The Father, Michael J. Nieves, Sr., and the Mother, Heather Shaeffer, shall have shared legal
custody of Michael J. Nieves, Jr., born June 6, 1998, and Tyler Aaron Nieves, born May 11, 2000.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall provide information
concerning the Children's school and extracurricular activities and schedules to the Father promptly on
a regular basis.
3. The Mother shall have primary physical custody of the Children.
4. The Father shall have partial physical custody of the Children on alternating weekends from
Friday at 3:00 p.m. through Sunday at 6:00 p.m., beginning with the Father having custody of the
Children on Friday, December 3,2004. In the event the Father is unavailable for a period of weekend
custody under this provision, the Father shall notify the Mother by the preceding Thursday at 5:00 p.m.
The Father may have additional periods of custody with the Children during the interim weekends if
the Father is not working and is available to spend time with the Children, as arranged by agreement
between the parties.
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5. Unless otherwise agreed between the parties, the parties shall share having custody of the
Children on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody during Segment A and the Father shall have
custody in Segment B. In odd numbered years, the Father shall have custody of the
Children during Segment A and the Mother shall have custody during Segment B.
B. Thanksgiving: In every year, the Mother shall have custody ofthe Children on
Thanksgiving Day until 2:00 p.m. and the Father shall have custody from Thanksgiving
Day at 2:00 p.m. through Friday at 6:00 p.m., or through the remainder of the weekend ifit
is the Father's regular alternating weekend period of custody.
C. Remaining Holidays: The parties shall alternate or equally share having custody of the
Children on Easter, Memorial Day, July 4th, and Labor Day each year as arranged by
agreement.
D. Mother's Day/Father's Day: In every year, the Mother shall have custody ofthe Children
on Mother's Day and the Father shall have custody of the Children on Father's Day from
9:00 a.m. until 6:00 p.m. or as otherwise agreed between the parties.
E. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule.
6. Unless otherwise agreed, the party receiving custody of the Children shall be responsible to
provide transportation for the exchange of custody.
7. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision.
8. The Father may request a review of the custody arrangements set forth in this letter by filing
a petition with the Court requesting the scheduling of an additional custody conciliation conference.
9. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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cc: tk'ssica Diamondstone, Esquire - Counsel for Moth
/000 M. Glace, Esquire - Counsel for Father
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MICHAEL}. NIEVES, Sr.,
Plaintiff
IN THE COURT of COMMON PLEAS,
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No, 00-5299
HEATHER SHAEFFER,
(now BARRICK)
CIVIL ACTION - CUSTODY
To: The Judges of Said Court:
Complaint for Custody and Special Relief
('
AND NOW thiZ 4 -day of March, 2006 comes Plaintiff, MICHAEL J, NIEVES,
Sr., above named, by and through his attorney, John M, Glace, Esquire, and pursuant to Pa.
R.CP, 1915,13 presents this Complaint for Custody and Special Relief as follows:
1. Plaintiff MichaelJ. Nieves, Sr. is an unmarried adult individual who presently
resides at 7 Pine Road, Apartment 502, Mount Holly Springs, Cumberland County,
Pennsylvania, 17065,
2, Defendant Heather Shaeffer ( now Barrick) is an married adult individual who,
upon knowledge and belief, resides at 693 Center Drive, Chambersburg, Franklin County,
Pennsylvania 17201; but is separated from her husband and resides with another male adult,
3, Above parties are the biological parents of Tyler Aaron Nieves (dob: 5/11/00)
and Michael Joe Nieves, Jr. ( 6/6/98), Said minor children were born out of wedlock.
4, Above children are in the primary custody of above Defendant pursuant to a
December 9, 2004 of this Honorable Court, Said Order is attached hereto as Exhibit "A"
and made part hereof,
5, Defendant has, throughout the term of said Order, disregarded the terms and
conditions of that Order by denying telephone contact, re-scheduling and denying Plaintiff's
partial custody at her caprice and whim. Said deliberate actions are meant to cause distress
and financial detriment to Plaintiff. Further, said actions have caused and continue to cause
pain and distress to the minor children,
6, On February 25, 2006, Defendant, by telephone, informed Plaintiff that she
would no longer comply at all with the Order of Court and that she would not allow him to
see his children again nor to talk with them on the telephone,
7, Said acts by Defendant constitute prima facie bad faith and are patently not in the
best interests of the minor children,
8.. All parties of interest have been made party to this action.
WHEREFORE, Plaintiff MICHAEL J. NIEVES, Sr., respectfully requests that this
Honorable Court grant him Special Relief as follows:
a, that he be permitted physical custody of his minor children for periods of time
commensurate to those periods of time that he was denied custody after February
25,2006; and
b, that Defendant should be directed to attend and successfully complete a
separated parents program; and
c. that it be determined that Defendant's actions were in bad faith and that she
should be assessed the costs of suit by the Plaintiff including his reasonable
attorney's fees.
Respectfully submitted,
The Law Office 0
John
Supre e
132-1 't ut Street
Harri urg, PA 17101-1612
(717-238-5515)
. .
Txlii6it ".Jl"
MICHAEL J, NIEVES, SR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CIVIL ACTION LAW
HEATHER SHAEFFER
(NOW BARRICK)
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this 9fh day of [JIN.rm Y wJh / , 2004,
consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows:
upon
I. The prior Order of this Court dated October 4, 2004 is vacated and replaced with this Order.
2, The Father, Michael J. Nieves, Sr" and the Mother, Heather Shaeffer, shall have shared legal
custody of Michael J. Nieves, Jr" born June 6, 1998, and Tyler Aaron Nieves, born May 11,2000.
Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major
non-emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion, Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information. The Mother shall provide information
concerning the Children's school and extracurricular activities and schedules to the Father promptly on
a regular basis,
3, The Mother shall have primary physical custody of the Children,
4. The Father shall have partial physical custody of the Children on alternating weekends from
Friday at 3:00 p,m. through Sunday at 6:00 p.m" beginning with the Father having custody of the
Children on Friday, December 3, 2004, In the event the Father is unavailable for a period of weekend
custody under this provision, the Father shall notify the Mother by the preceding Thursday at 5:00 p,m,
The Father may have additional periods of custody with the Children during the interim weekends if
the Father is not working and is available to spend time with the Children, as arranged by agreement
between the parties.
5, Unless otherwise agreed between the parties, the parties shall share having custody of the'
Children on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from
Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which
shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even
numbered years, the Mother shall have custody during Segment A and the Father shall have
custody in Segment B. In odd numbered years, the Father shall have custody of the
Children during Segment A and the Mother shall have custody during Segment B,
B. Thanksgivin!l:: In every year, the Mother shall have custody of the Children on
Thanksgiving Day until 2:00 p.m, and the Father shall have custody from Thanksgiving
Day at 2:00 p,m. through Friday at 6:00 p,m" or through the remainder of the weekend if it
is the Father's regnlar alternating weekend period of custody,
C, Remaining Holidavs: The parties shall alternate or equally share having custody of the
Children on Easter, Memorial Day, July 4th, and Labor Day each year as arranged by
agreement.
D. Mother's Dav/Father's Dav: In every year, the Mother shall have custody of the Children
on Mother's Day and the Father shall have custody of the Children on Father's Day from
9:00 a.m, until 6:00 p,m, or as otherwise agreed between the parties,
E. The holiday custody schedule shall supercede and take precedence over the regular custody
schedule,
6, Unless otherwise agreed, the party receiving custody ofthe Children shall be responsible to
provide transportation for the exchange of custody,
7. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision,
8. The Father may request a review ofthe custody arrangements set forth in this letter by filing
a petition with the Court requesting the scheduling of an additional custody conciliation conference.
9, The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
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J, Wesley Olertlr, J. '
cc: Jessica Diamondstone, Esquire - Counsel for Mother
John M. Glace, Esquire - Counsel for Father
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VERIFICATION
I verify that the statements made in the foregoing Complaint for Custody are
true and correct to the best of my understanding and belief. I understand that false
statements herein are made subject to the penalties provided by 18 Pa. CSA, Section
4904, relating to unsworn falsification to authorities.
Date:
0/11 / O~
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MICHAEL J. NIEVES, SR.
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
00-5299 CIVIL ACTION LA W
HEATHER SHEAFFER
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, March 29, 2006
. upon consideration of the attached Complaint.
it is hereby directed that parties and their respective counsel appear before Dawn S. Snnday, Esq,
, the conciliator,
at
39 West Main Street, Mechanicsbnrg, PA 17055
on
Thursday, April 27, 2006
at 8:30 AM
for a Pre.Hearing Custody Conferencc. At such eonfercnce, an effort will be made to resolve the issues in disputc; or
if this cannot bc accomplished, to del,nc 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 confercnce may
provide grounds for entry of a temporary or penn anent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing,
FOR THE COURT,
By: _~___. Dawn S, Supday, Esq.
Custody Conciliator
1 f."
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The Court of Common Picas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For infonnation about accessible facilitics and reasonable accommodations
available to disabled individuals having business before the COUlt, plcase contact Ollr oftlce. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South BedtiJrd Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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MAY 0 4 2006
MICHAEL J. NIEVES, SR.
Plaintiff
BY:_~
IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
00-5299
CNIL ACTION LAW
HEATHER SHEAFFER
Defendant
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IN CUSTODY
ORDER OF COURT
AND NOW, this ~ day of Vt124 , 2006, upon
consideration ofthe attached Custody Conciliation Report, it is orde\.-ed and dIrected as follows:
1. The parties shall participate in a minimum of three sessions of therapeutic family counseling
with a professional to be selected by agreement between the parties. The purpose of the counseling
shall be to obtain guidance in addressing issues which have arisen with regard to the Children, and
establish effective co-parenting strategies and communication. All costs of counseling which are not
covered by insurance shall be shared equally between the parties. The parties shall select the counselor
and contact the counselor's office within 15 days of the custody conciliation conference to schedule
the first session.
2. The parties shall strictly adhere to the schedule set forth in the prior Order of this Court dated
December 9,2004 without negotiation under which the Father shall pick up the Children for weekend
periods of custody on Friday at 3:00 p.m. and the Mother shall pick up the Children at the end ofthe
Father's weekend period of custody on Sunday at 6:00 p.m.
3. The parent receiving custody of the Children shall be responsible to provide transportation
for the exchange of custody.
4. The Father shall have a period of vacation custody with the Children for the first week after
football practice is over in the summer.
5. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference.
BY THE COURT,
cc: ~ M. Glace, Esquire - Counsel for Father
~ssica Holst, Esquire - Counsel for Mothe~
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