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HomeMy WebLinkAbout00-05827 >. '~-,,,,,,, " ,---'Lr-,< ,--:" ~" Heather Sheaffer, : IN THE COURT OF COMMON PLEAS Plaintiff vs. : OF CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00 -58'J,tCIVIL TERM Michael Nieves, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail 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~aY evicted from your residence and lose other important rights. f"v A hearing on this matter is scheduled for the 1iJ day of, at~lIl1n Courtroom No..1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or terminated 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 fme of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.c. ~2265, 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 FOR YOU. 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 HELD. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 249-3166 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 facilitie's 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 prio].to" any hearing or business before the ,court. You must attend the scheduled conference or hearing. :-it:, - "~'" -" , ~ .-&-, ' "" ',,(0 ,_ "',' 'l ~ ',"",' ~' ~ , ;' I Jif...;" Heather Ann' Sheaffer, Plaintiff : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v, Michael Joe Neives, Sr., Defendant :No. : CIVIL ACTION - LAW : PROTECTION FROM ABUSE TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: Michael Joe Nieves Sr. Defendant's Date of Birth is: August 22,1977 Name(s) of All protected persons, including Plaintiff and minor children: 1, Heather Ann Sheaffer AND NOW, on 23rd Day of August, 2000 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. 2. Except for such contact with the minor child/ren as may be permitted under paragraph 4 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. - Plaintiff's residence located at 156A West Penn Street, Carlisle, Pennsylvania and any future place of employment Plaintiff may establish. 3. Except for such contact with the minor childlrcn as may be permitted under paragraph 4 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons, ~~ - --" - ,,<,,~ ~ . ,,' '-.~-i~ _ c"', ," 1;)1 4. Pending the outoome of the final hearing in this matter: Plaintiff is awarded temporary 'custody of the following minor child/ren: Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order, S. The following additional relief is granted: The Cumberland County Sheriffs Department shall attempt to make service at Plaintiffs request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shall not send a copy of this order to the Defendant by mail. This order can be extended beyond its original expiration date if the court finds that Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to Plaintiff. Defendant is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by the Plaintiff. Defendant is to refrain from harassing Plaintiffs relatives. 6. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: Carlisle Police Dept. 7. 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 costs, 8. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL FEBRUARY 23, 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING, NOTICE TO THE DEFENDANT ~ ~ ,~ ",,"'.:w"-";o,'; "_vG' , I" : Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jaiL 23 Pa.C.S, 96114. 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 for that purpose, 23 Pa,C.S. 96113, Defendant is further notified 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 D,S.C. 992261- 2262. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiffs residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 4 of this Order, defendant shall be arrested on the charge ofIndirect 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 oflaw 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 weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. ~U'P. uoge Date Distribution to: Legal Services Faxed & Mailed to PSP _-"jii.r:!j1I1lf,jI_~iiW!l'-~l;,ji!1~l\rt!@l~"~f;:'eji;';'i''''W-bl)gNd*i%lIr.;;-~iiM.-,. <~-"~.'..,.)~Ii!l~lJ'~~~iiliIl.M. - ,,'---< ? -. --~ -, '~'-, ,~- 1;"1'1"'-' J !.~ 'r II \'Y'/\ !r\:::'\\!f\/:'J I /VJ\, ,i(}l i"~;";" :-....g .' "'<\Y'J/n" "'.'1...) '1(: :;,i " ' ~ I, ,", / ;,;;'j:-, I~ r ,~, Vj ll1 -..:.1.1 <"'~ . ,,~ ~"._^., .. 1-" ~\ ~ r /' ..' ..... ~ <- \'" t r ;;t- r-- _r'"r<" ~~ 0\ A.' ." -- ~ ~ <--. ,) \2 r :J\~ ~~. ~ .- '- ~""~ !'> 1):. IV~ C<) ~~ , 'f~ t: r' ~ r ~ ~ ct-'O; (" ~ \) <"<I , t~ V' , \ ~ ......1 \M -liil I' I: Iii Ii: :~ " i , , f' , ~ r I f: ~ i I' :- .0.. ~ ij:\ :!? 1\ ~ ~ rJ) ~ r-,&;' ~ t->~ d l~\ ~ ~~ <J\ e- n -' ~ t~ ~ ~ ~ -f:;-- .. \ ''1;> ':-1 ~~ ',../ ~~ ,L\J ".. G, \;.::. :::;: ."" '.'0 ''''. _-'_ _~ ,,",'.'~~_~ . r.> I~ " "',~~- ~~"'" - .~ ~ ill ~ I , -':"\'--" - ^"'," ,-~- ~ "', ^-;', '. ,LiIlWi&,' VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.B, ~4904, relating to unsworn falsification to authorities. Dated: ~!p:;).- /d r4 -'~'iIlSaMi!l~~"""h!!;!t"'i;~l'k,j",;,;~w,~'lOf.iiI-~~.' '"\:i1Jl~'Loi.-.i-' ~'" ,,,"t,,_,_,,-,,-, ~ do"'" . , .~i~:~~ " I~! j" it: , , [,', CJ c-:;. C) C ;:,,::) ~, ::~. ;:;.;;0 ~J n'1 ,~ s..---'-) ~-~ :;;:-~ -, /, fv -c-: :-~ '1 (.I~: ..' .. -~~J , '-<', C) 1"-..:; , T -r:; ,.". :tJ ~ '.J n ~= "] hl c "'-"' Z :.., :~ -~, ::D -< 'V -< \ Q> 0<1 , .,., ":' ~ Heather Ann Sheaffer, Plaintiff v. Michael Joe Neives, Sr., Defendant "'~ ~':';;J~,,-~2 ",' ,,'(', ~,," , ;,."c',_ m.." PFAD Number: UHl127515P : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA N r" 7 /1 . .. '/..u-- : o. HJ - '-' . .;J lA.u<-< : CIVIL ACTION - LAW : PROTECTION FROM ABUSE PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: Heather Ann Sheaffer 2, I, (the Plaintiff), am filing this Petition on behalf of: - myself 3, Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. Heather Ann Sheaffer 4. Plaintiff's Address is: 156A West Penn St., Carlisle, PA 17013 S. Defendant's Name is: Michael Joe Nieves Sr. 6, Defendant is believed to live at the following address: 537 First St., Carlisle, PA 17013 7. Defendant's Date of Birth is: August 22,1977 8, Defendant's Place of employment is: works for Kevin Welch, private contractor . ~" " ,;1 ~~ i <._",,:;, 9. Defendant is an adult. 1 O. The relationship between the Plaintiff and the Defendant is: Current or former sexual/intimate partner 11, The defendant has been involved in a criminal court action. 12. The facts of the most recent incident of abuse are as follows: On about Friday, August 11, 2000 at approximately 2:00AM location: Plaintiffs apartment Defendant went to Plaintiffs residence uninvited and intoxicated, threw a phone at her, smashed an alarm clock and broke a set of glass bells on the floor. Defendant grabbed Plaintiff by the back of her hair and threw her onto the floor, causing her to cut her foot on the broken glass. While Plaintiff was on the floor, Defendant kicked her repeatedly in her back causing a 2-3 inch bruise on her back. Plaintiffran to a neighbors who did not answer the door, and flagged down a police officer. The officer went with her and called for backup. Three officers arrived at the residence where Defendant would not come out of the child's bedroom. Defendant resisted arrest and Plaintiff states that it took all six policemen to handcuff Defendant. Once in the police car, Defendant continued to head butt the dividing screen and repeatedly kicked the windows with his feet. Defendant was charged with simple assault and resisting arrest. As a result of the incident, Pl~intiff suffered bruising on her knees, elbows, and back. In addition, she also received a cut on her foot and a bump on her head. 13, Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: In or about July 2000, Defendant punched Plaintiff in her back several times causing black and blue marks. When Plaintiff attempted to run to a neighbors house, Defendant followed her, grabbed her by the shoulders and threw her to the ground in a mud puddle, causing her to have cuts on her feet. When police arrived, Defendant hid from them. When the police found him, he resisted arrest. 14, The police department(s) or law enforcement agencies that should be provided with a copy of the protection order are: Carlisle Police Dept. IS. There is an immediate and present danger of further abuse from the Defendant 16. 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 FOLLOWING: 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 Defendant from having any contact with Plaintiff'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. c. Order Defendant to pay the costs of this action, including filing and service fees. " ;,~:}~~:' ,"':;-:;;~;;), 11., ,l,~",:<,.".-~:,~ ,~,,~ '; '~~'tr,f~''''''',~"\':'i,,> -,' ""'-, "".; ,,'-'. ,,".:,;'i';"'1:~~~:,? ',,;'~!~~:~!~"W'" ,'::,~':"'?; :;:'~'" de Order the following additional relict; not listed above: . , " , . - Defiiudant shall pay $250.00 to one of Legal Services, Inc. funders as reimbursement for litigation in this case. - Defendant shall refrain from harassing Plaintiffs relative. - Defendant is enjoined from damaging or destroying any property owned jointly by the parties or solely by Plaintiff. e. Grant such other relief as the court deems appropriate. f. 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 inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served, Respectfully submitted, Date: <6 ~ ~?O Philip C. B ganti, Andrea Levy, J are)j and Maryann Murphy, Attorneys for Plainti LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 ,', 1M ., . llltiiiM~" Heather Sheaffer : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 00-5827 CIVIL TERM Michael Nieves, Sr., Defendant : PROTECTION FROM ABUSE ORD~ FOR CONTINUANCE AND NOW, thiJlh day of October, 2000, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on October 11, 2000, by this Court's Order of August 30, 2000, is hereby generally continued. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, Andrea Levy LEGAL SERVICES, INC. Attorney for Plaintiff Jeanne Costopoulos COSTOPOULOS AND WELCH Attorney for Defendant Cf'e~ fYlClll.ed IO-13-tJO' ~~~~_f"""~"1OI<~l!;Il;iliia;;;&U,j4l<lW~~!Il>l"~'~~"';"''''~",,'''O''''01":;''',if,,''',,,,,It'ilali_;i[ditJbl "!!tiI!ililll~M!{~"" -, ~~;a~ii :~L~,^",~,~~, "."_.L".,, ,,^, '^ ",", ,'^'<d0" ,'~ /U'~j~i "".., '"'^~'. ~-" t'l 'C I IJO on .., ! "'J <H I~ ~ =~ ,j :1 II .1 !J 'I ! , - ~~ - 'lIiOl-R Heather Sheaffer : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-5827 CIVIL TERM Michael Nieves, Sr., Defendant : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE The Plaintiff, Heather Sheaffer, by and through her attorney, Joan Carey of Legal Services, Inc" moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: I. A Continuance was issued by this Court on August 30, 2000, scheduling a hearing for October 11, 2000, at 3:00 p.m. 2. The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a Consent Agreement 3. The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first WHEREFORE, the Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first Andrea Le rney for Plaintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 " ijjUi.d.it:i!iilciMUi~j];l""IDi,,"JM~J"dil~WJJIilil:iim!ili"iiW,..,,,-,":j\,"',~;,,,,,~)-"IiJ,""",a%'ff0.14W-i:!:Iffi:,-ia.,,-dm""".'" ~"-- -,""'''''_,<.''c ~,- ,<~ ^ '"',,- "J""",,,,,~,,.,,.,,,,,, _.,~",,_ ",." ~,"_~,'_","" ,,", "" ~- mllill~Ilil~_.~_..f'.J!!i1III oiIlllilI_ .:1 ,I I ;,1 [1 :1 ,I 'I II " II ~ I II /, 1,1 II ,I II Li !I II lJ ,I II ~1 'I I I (') Cl (":, c c::. i~ -0 -.'~ ,~ n.. C'J n'l r;- "'_.~ .:?~ :J:."," ~ Z" (j) ..., 1"-.: -< ;<' ).:> c.. ;f~ c5 co ",.. C ~ (j. ",. ~ '__.H , -~" ~ '1i~llJiIlilo;;i SHERIFF'S RETURN - REGULAR CASE NO: 2000-05827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER HEATHER VS NIEVES MICHAEL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon NIEVES MICHAEL, SR the DEFENDANT , at 0013:55 HOURS, on the 28th day of August , 2000 at 537 1ST ST CARLISLE, PA 17013 by handing to MICHAEL JOE NIEVES, SR a true and attested copy of PROTECTION FROM ABUSE ,together with NOTICE OF HEARING & ORDER, TEMPORARY PROTECTION FROM ABUSE ORDER, PETITION and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 S;;:~~ R. Thomas Kline 08/29/2000 Sworn and Subscribed to before By: ,[) .---- ~( Deputy Sheriff me this 7 g., day of If:r;-~.:Mnr1J A. D . ~La.7M""~,; # othonotary , - ~ " ~_. Heather Sheaffer : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 00-5827 CIVIL TERM Michael Nieves, Sr., Defendant : PROTECTION FROM ABUSE ORDER FOR CONTINUANCE AND NOW, this 30th day of August, 2000, upon consideration ofthe attached Motion for Continuance, the matter scheduled for hearing on August 30, 2000, by this Court's Order of August 23,2000, is hereby rescheduled for hearing on Oc:.tCl~ IL, 2000, at~ in Courtroom No.3. The Temporary Protection From Abuse Order shall remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. By the Court, , "~ ~~:;:J L~_\_()o * Joan Carey LEGAL SERVICES, INC. Attorney for Plaintiff Jeanne Costopoulos COSTOPOULOS AND WELCH Attorney for Defendant ;)..'"~, .'"' " '.',~, lllu '" lIiIr__Mw~!H~l5fMl~~""'"~'",riJ--~.~'ilJ" -.-, C1') (', .~).,~ h ,~L-e' ':~]:?; :)~3 ~.~~~. .";~',f;p -,,,,~: "--'- ;.' (j:5 -:) () ~ ~,- ,-, ~. ,,', - ,-,'- -..11,1"J :!!:'~~i!l!iltJ .I., ~,^ ..~ , ~- , " " - ~~l Heather Shl(affer , Plaintiff : IN THE COURT OF GOMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5827 CIVIL TERM : PROTECTION FROM ABUSE v. Michael Nieves, Sr" Defendant MOTION FOR CONTINUANCE The Plaintiff, Heather Sheaffer, by and through her attorney, Joan Carey of Legal Services, Inc., moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on August 23 2000, scheduling a hearing for August 30 2000, at 4:00 p.m. 2. The Cumberland County Sheriff's Department served Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse at his residence located at 537 First Street, Carlisle, Pennsylvania on August 28,2000, at 1 :55 p.m. 3, The parties agree, by and through their respective counsel, that the hearing be rescheduled to afford them time to execute a Consent Agreement. 4, The Plaintiff requests that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. . . "T'll...J~j WHr;REFQRE, the Plaintiff requests that the Court grant thill'Motio'n and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect for a period of eighteen months from the date it was entered or until further Order of Court, whichever comes first. Respectfully submitted, ! ( ban Carey, Attorney fo laintiff LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 "":'"6;,,-' <, .,..~ ~.;: '<i.'~"i_~~_~ili:i~iN,m_..._ti;d{'If*"JI-~~~{ll: - ~"~n'lli1m 1iI~~~;$>~ j " .Dr;' rn;-'.- ;-<:~I , 7~i_ Cr, - ~ t::..;C: 5c: ;;..:: --I -( - ,""- "'~.' ,,-,....' -~'''-. . ".~ ,", _ r, " l' _ - '"%'r,, ..r ~ _ "''', ^.~ n ~? , ~~- :J) ''''I r.;~,; ..:.~ ;~'.'~ :.n GO :.D -< ~ ,-~~ . - ~- '''" ~ 08/25/00 FRI 14:28 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 , < ********************* $$$ TX REPORT $$$ ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT 2099 92438026 ~al 51ZiUtCLS ~ 08/25 14:23 04'39 8 OK -~ 08/25/00 FRI 14:17 FAX 717 240 6573 CillIB CO PROTHONOTARY r . ********************* u* TX REPORT u* ********************* TRANSMISSION OK TX/RX NO 2098 fSP CONNECTION TEL 92490779 CONNECTION In ST, TIME 08/25 14: 13 USAGE T 04'40 PGS. 8 RESULT OK f/ea-lhl'v S~e~{Ye(' W /U ~ C Apt(: ( AI;-c v c S .Ji- 6-0 - Sfl7 ~IU; ( _'" ~- '_._., _ ,1' ~001 ~" .. f. 08/25/00 FRI 14:34 FAX 717 240 6573 -" c~ Co PROTHONOTARY ,~, ct, , " ,OJ' , ,~ lliW.. 1aI001 TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* ... TX REPORT ... ********************* 2100 08/25 14:30 04'37 8 OK 92405331 (!f~( 'Booe;4" ~"""'~=.~- lb ~ ~ '=.. ~-~, ~ . , " --"""l;,,",~,,,_..Joo;;,,,,< ' HEATHER SHEAFFER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA V. 00-5827 CIVIL MICHAEL NIEVES, SR., Defendant : CHARGE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, this 71/-" J'7 ~ay of ~oo upon consideration of the within Motion and on motion ofMary-Jo Mullen, Senior Assistant District Attorney, it is hereby ordered that the hearing previously scheduled for December 29,2000, shall be scheduled for ~,the~r;;Of ~/lIi'2001,at Y:#VO'clOCk#M.in Courtroom No,~, Cumberland County Courthouse, Carlisle, Pennsylvania. 1. ),j,) j.,.z fr1 0. ; If c..I by OJt, ~ 6 rfl'c~ e:..w...:....'~1-'~f...,.'-'~~~~~~~W';,,-;,Mo.i1>il:l~~,jllll>>7'~1iitllin.~mdtJ..'.ll~lilIlii2i ~'........1liIlii~~UIi~~_~. d'. ~ '~"'~~.'ll. '~-'- ~,,,I,~-_,, - ,_~>=" '__H ,=" ~ ViN'v'1I1)\SNN3d I I" lr-tY-j r)~,,!".0UICIAji1J 1\2J\'ll',._,-<", '~,I :', "..~:_),.;"'I t' ! :"~} ,-, ":!n ('in i! S :~~l /:,~l l) v ..L:Ju ...\,,, "'i .V~'C'~ ~~ -<-" r'1r d ~ ' I " " 'I l! i II ,i Ii " ii !j II I Ii - .'~'~~ "~ - -. ,~~~"'~,; HEATHER SHEAFFER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. 00-5827 CNIL TERM MICHAEL NIEVES, SR., Defendant CHARGE: INDIRECT CRIMINAL CONTEMPT COMMONWEALTH'S MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE GEORGE E. HOFFER, P,J.: NOW COMES Mary-Jo Mullen, Senior Assistant District Attorney, for the Commonwealth of Pennsylvania, who respectfully avers the following: 1. The defendant was arrested for indirect criminal contempt in the late afternoon hours of December 28,2000. The underlying incident occurred on December 24, 2000. 2, Senior Assistant District Attorney Mullen was advised at 4:25 p.m, on Thursday, December 28, 2000 that a hearing was set in this matter before your Honorable Court at 1 :30 p.rn. on Friday, December 29,2000. 3, The Commonwealth has not had the opportunity to subpoena the victim in this case. 4. The affiant, Officer Roland of the Carlisle Police Department, has suggested that there may be witnesses to this incident; however, there is insufficient time to investigate this and subpoena those witnesses in time for tomorrow's hearing. 'oP'" "~ . ~'. ~ 0< ~. ~'-~~. ~~ ~~~"'Pl", 5, The Defendant made some inculpatory statements over the phone to the affiant. However, Officer Roland will be out of town and is unavailable to testify at tomorrow's hearing. 6. The Commonwealth would like the opportunity to retrieve and examine any 911 tapes or other phone calls placed by the victim at the time of the alleged incident. There is insufficient time to do this prior to tomorrow's hearing. 7. Defendant is currently not incarcerated, as his bail was set at $10,000 unsecured. WHEREFORE, the Commonwealth respectfully requests that this matter be continued for at least a few days so that the Commonwealth will have the opportunity to locate witnesses and prepare its evidence. Respectfully submitted, Jt~~~ Senior Assistant District Attorney =" .', ~~: " Heather Ann Sheaffer, Plaintiff v. : IN THE COURT OF COMMON : PLEAS OF : CUMBERLAND COUNTY, : PENNSYL VANIA Michael Joe Nieves, Sr., Defendant : No, 00-5827 : CNIL ACTION - LAW : PROTECTION FROM ABUSE ORDER TO VACATE (S"'~ AND NOW, this:. Day of January, 2001, 1. This matter is dismissed without prejudice. 2. Costs of this proceeding are waived, 3. The Temporary Order (Filed on Aug 25, 2000) is hereby vacated. ...~-""-~ ....... Distribution to: Legal Services, Attorney for Plaintiffi 0 I -/ ~ * 0 I Faxed & Mailed to PSP \ Michael Nieves, Pro Se Defendant- lV\o..,\eo.. 537 First Street ol-lL"OI Carlisle, P A 17013 ~~i&it'1!E)~l,"Ii:i:N'J'0l"-"~f~~'1l'f;j~il';'''\'';\,!i:!\~li''11'",,'''J-'''WI4i",,"5ifm,~'/%,~",,-".u.~..~llII~M'.;~&ll:MI,'"~ I I' ~, \/li\h?Cl.ASi\~r:J4i i\U\iilC'::! (:'\!'~.'-;'::_~~/~'!!vn;J C':I .,; r '::: .,J HJ "-'-' d UHf. lWu" -il?ll L L!!i-'~~.- ~~ 1:,., ~ . ,.' ~ i~" Heather Sheaffer, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO, 2000-5827 CIVIL TERM Michael Nieves, Sr, DEFENDANT : PROTECTION FROM ABUSE PETITION TO V ACA TE ORDER AND WITHDRAW ACTION Plaintiff, Heather Sheaffer, by and through her attorney, Maryann Murphy, ofLegal Services, Inc., requests that the Court vacate the Temporary Protection Order in the above-captioned case and that the action be withdrawn on the grounds that: 1. A Petition for Protection From Abuse was filed and a Temporary Protection From Abuse Order was issued by this Court on August 23, 2000. 2. Defendant was served with the Temporary Protection Order on August 28, 2000, at his residence located at 537 First Street, Carlisle, Pennsylvania. 3. Plaintiff and Defendant are attempting a reconciliation, 4, Plaintiff requests that the Temporary Protection Order be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court grant the relief requested and vacate the Order, and that the action be withdrawn without prejudice to Plaintiff, Maryann hy, Attorney for P ain LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17055 f~ "~~.'=l:-- - - '. ;,~!, " VERIFICATION I verify that I am the Petitioner as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge, I understand that any false statements are made subject to the penalties of 18 Pa,C.S, S4904, relating to unsworn falsification to authorities, Dated: /- '1- zool1 ~~n'!!:WWW'lt~:'I1i'iiBj,~j,q,-::I;,U-''''-t'-,tml;'&ii;'m~rjJg~'_\l!!;t!';;,';n''ot~'W'i<,e"\~""l,,,,;.,,+,ii:i,,,,;;;l",!ili;)tllik,";H'~*,,",t.v.kfu..,~~am,.;;;_~i!!;\1lIl:l':MIi{&'!I~lijlilimllih~,~.\i ~l' " -.............'l.il&lL..dLl -~ ,~, , .. , -~~.,~~ 0 ("---:J () C- , IJ r'I.~ -, ..- ~it~ &)~=:- c:, i~i ..;....-"'-" ~". --- c: z -I -< 01 "," ,"" "'~__ '^~, ",'"~ _~. ". "I" ~- - - "-- '" 01/16/01 TUE 14:07 FAX 717 240 6573 CUMB CO PROTHONOTARY .. . *************************** "u MULTI TN REPORT """ *************************** , ' . ' , ~&l 141001 TXlRX NO INCOMPLETE TX/RX TRANSACTION OK 2395 ERROR [ 01]9p2405331 [ 03]9p2438026 [ 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP , OFFlCE OF 1llE PRortfCN)'I'ARY CUMBERLAND roJN'1'Y COUR'IHClJSE ONE CXXJRTHOOSE 9:)UARE CARLISLE, PA. 17013-3387 (717) 240-6195 FAX (717) 240-6573 VIA TELECOPIER TO: c...P- PA STATE POLICE fAX #: 717-249-0779 FR(N; CURTIS R. LONG RE: pFA ORDERS MESSAGJ;:: JL.fi~. OF PAGES (INCWDING COVER SHEET) '!his ~ is iJli.e<.:W mly fi:Jr tie 1.EJe of tte :irdi.v:iduU cr. .;ntity to ...trlt::tI is is dlh. 1. mllT8'f a:ntain :iJ1fi:lI1n:rl: th:lt is ~. o:nf:ilEntW. ;fil ~ fmn di9"'l....rre uW- "t!'liM'hl!':' laN. If tl'E ~ of l:h:is ~ is rot tile inten:ja') re::ipie1t. ~ are reaty rotifia:l trnt <q' disa;mireticn, cJ:istcitlltjm ex: a::pfirg (:ff. this OlTIll.Ilil:::ati.cn is stdctly ptiUbitErl. rt YJ.I re..e re:Ei~ ttus . .. ......u.. .~ ~........niFrt1>lv tw telei:h= ad return tiE odginal n~ In t.6 al ~ HEATHER SHEAFFER, Plaintiff v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 00-5827 CIVIL MICHAEL NIEVES, SR., Defendant PROTECTION FROM ABUSE IN RE: INDIRECT CRIMINAL CONTEMPT ORDER OF COURT AND NOW, February 5, 2001, after hearing and consideration of the testimony presented on the indirect criminal contempt, we do find that the defendant did violate our order on December 24, 2000, by calling the victim on the telephone and threatening to break the window if he was not allowed in the residence. We also have heard testimony that, notwithstanding a total "no contact" provision in the PFA Order in effect, plaintiff invited defendant to baby-sit their children for extended periods during the month of December while she worked the four to midnight shift, thereby inviting the defendant to violate the order which plaintiff sought. Therefore, the Court considers the telephone calls on December 24, 2000, a de minimis violation for which we impose no penalty. By the Court, .J, y f\ -~ ()\ l~ o'l-=\~ Mary-Jo Mullen, Esquire Assistant District Attorney CCP Timothy L. Clawges, Esquire Assistant Public Defender Sheriff probation Office :mtf ~~~ii~;"i%!'~"c.M!J;m;~~o\\~ili"";,j,'<!"W.";NIM~~,,,'n-WJi:!l,!jjWl~iIlI'!!- """,~, '<''''"'''=''~-'~~lIo<.'Ii ,. .,'~<"' liiN'if/\lA8NN3d '1'''~('''''1 (C. ,",J""'-"'''rl:J ^ j\jl [..",,__ ,_:!",: :~~"!~~""1 '-- OU :!I' ~! G]j 10 i:- ,:~':;""AJLT. <, ,."~,__~~__.J,>c~, =_'= "'_~ ,,". '!C'A'V_'kM'~d ,~"~.. "~ '" ...""",~. 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