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Home My WebLink About99-06716II h y v1 2 J a 0 ti a m F ? V O 0 wo W ? 6 •? C) =2x U =w s ,.a [.?U U as 0 N N 7 C '- N m in N aid N N Y __ L _ 00 o Q 3 ago E co J-_ ° co O a -.err } , R A t. ar 4 ti d a 0 a F!, ti ce w F W a U o?o ? ? a aY O x?•' x a U0 a` w S E _mu N M m 7 O C N ? f/ > r U a? Q a ?E 0 mN E c C,4 Q co J I LAN OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE. PA Supreme Court ID: 72S97 SCOTT A. S'T'EIN, ESQUIRE, PA Supreme Court ID: S 173S 3500 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNEIR, Plaintiff CHRISTINA NIEVES & ANGEL NlEVES,.IR., Defendants Counsel for Plaintiff IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTT ON - LAN CUSTODY PETITION FOR EMERGENCY-RE-1 IFF SEEKING: MODIFICATION OF CUSTODY OF TIIF MINOR C1111 D AND NOW, COMES, the Plaintiff. Catherine J. Babner, by and through Law Offices of PetcrJ. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Emergency Relief Seeking Niodification of Custody: 'File Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechaniesburg,Pcnnsylvania 17050. 2. The Defendants are CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne. Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: Ngm Present Residence Blair M. Nicves 822 Hummel Avenue Lcmoymc, PA 17043 Alexander S. Nicves S22 I Iunimel Avcnuc Lemople, PA 17043 4. Blair M. Nieves was horn out of wedlock. in DO13 Mar. 22, 1999 Ecb. 21, 3002 5. The children are presently in the custody of Dclcndants, who reside at, S22 I Iunurnl Avenue, Lemopic, Pennsylvania 17043. 6. During the past five years, the children have resided with the Hallowing persons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - Ailoust 1909 (Blair) Plaintiff Catherine Babncr Detcndant Christina Nicvcs 159 N. Locust Point Rd. Mechanicsburg, PA 17050 S22 I lununel Avenue Lcnxrvttq PA 17043 ,\ugusl 1999 \iay 2001 (Blair) May 2001 Present (Blair and JAlCXWuler) 7. 'File mother of the children is Defendant, currently raiding :t a last knomi address of 822 1 funlmel Avcnuc, Lemoyne. PennsyhVmli:t 17043. The nwthu• is m:u'ried. S. 'File father of the children is Detcndant, currently residing at last known address of 822 Hummel Avenue. Lcmo},ltc, Pennsylvania 17043. The father is married. 9. 'File relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following Persons: Name Relationship Dave Babncr Husband Alyssa Babncr Daughter Aaron Babiler Soil Bryan Babner Soil Joe Babricr Soil Saralt Babncr Daughter 10. The relationship of defendant, Christina Nieces, to the children is that of mother. "Ile defendant currently resides with the Iollowing pctsons: Name Relationship Angel Nieves. Jr. liushand Blair Nieves Soil Alexander Nieves Son Samantha Surlield Daughter Casandra Surfield Daughter _s?, _ MIRI-0 b9att (last name unknown) Friend 11. The relationship of defendant. Angcl Nieves, Jr., to the children is that of father. The defendant currently resides with the folloxving persons: Name Relationship Christina Nieves \Vife Blair Nieves Soil Alexander Nieves Soil Samantha Surficld Stepdaughter Casandra Surfield Stepdaughter IMatt (last name unknown) Friend of Wife's 13. Plaintiff has simultaneously filed it complaint for custody Ihat is attached hereto as Exhibit B. 13. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 14. There is an existing Order of Court filed to the above action number and entered on May 14, 2001. 15. Plaintiff does not know of a person not it party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. On or about December 21, 2002. Police in Dewitt, New York were summoned to a hotel room occupied by both Defendants and their children. 17. A copy of the police report in this incident is attached hereto as Exhibit A 18. The nature of the call was for a physical domestic dispute. 19. Upon i nvestigating the incident, it was determined that the family had arrived in New York to visit family for Christmas. 20. Shortly after arrival, the Defendants left the room, leaving the oldest child in charge of supervising the children, and went to it bar. 21. Around midnight, the Defendants returned intoxicated and Christina Nieces went to the bedroom and Angel Nicves, Jr. stayed in the 110111 room watching television tt ith the children. 22. According to Samantha, Angel Nieacs began yelling at Chri,tina Meet', in the bedroom. 23. \%'hcn Samantha went into the room, she obscrced Blair Nictcti in her molhcr's arils and Angel holding her mother by her hair and punching her in tilt' fare. 24. During the coursc of punching Cluislina Nic%cs, Anr.cl tvndd ;m,l punch Man in the head. 25. Samantha then attempted to intercede and get Mail ;mad host the stlwnlon and was punched in the mouth by her stepfather. 26. Angel Nieves then proceeded to flee the room ttith Blair %ictr• in hi, mite, and get into their vehicle and drive away. 27. According to the police report, Angel Nieces tt.r: hW misled al Ihr blue and mother, who was similarly intoxicated refused to press charr,cs in Ihr uicnlcnl ha Ilic ou her. 28. Plaintiff has had custody of the child. Man Nictc, in do pa.l \tIliIc tile Defendants were incarcerated. 29. Plaintiff is concerned that the children ma) be Ilk"Ically harmed ifthcy remain in the ]ionic. 30. Defendants are without local counsel. thcicl oc, Plawltil uas unahle to serve or provide notice on this Petition. WHEREFORE, Defendant requests this Honorable Court to order that physical custody of the minor children be placed with PIaintiffpending further hearing on this matter. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: it A. Stchi + Attorney for Plaintiff Date: / z e3 CATHERINE J. BABNER, IN TIIE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CHRISTINA NIEVES S CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants V RIElCATION I, Catherine J. Babncr, hereby secat and aftinn that the facts in the forgoing Complaint for Custody are tnic and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Z` ?'?L ?JC Catherine J. Baby er I INYPU7 Y¢Wefv Repo No' tl.a Repm y onl ?,wt&m?epRb FMO Z 340/ ?. T I?xIBTIQW?III CIIO Rr a ?Pµa1TT Pra.?t.4. ?T' NY pPA63ctD (PnINT gyp. Na. a.apate Dee a PAW Two Rioon Octt Of voce 0Oav Aeaba d oecunenbe W t n Z t CIZW 11 Zv OL Z33? 7 sat Ark Me Lwu A? >°A t7o?F3 F CanpW W+mY ltW NImR Feel. MA. I i? EMk ,2 I OMoIEM Ape e e Fit" WMt 1-- Oew C3 ?? itparde ? Ureugwn ? fSat 1 PA t'to43 4 Plfry btelNWro, FLvI. M.I. Aedbo FIL ? AI(e 174-1 Do C4 ginin IV ?•Heme ltbpnme yp? eOe,c??Tl? Oft, ' Q 1 ? IfbYn ?Kbn UrM 0NW-HIS nL ?UN 1110 (p 1l 1 03 ywpttl pr..no OlhntrtVtl Md DttcnwMlae seat 3A D 6wpetl fldetureh'gb pte ComPWrblNMatAm C[a/Ao ?YlS?P70 ?Fd Med?xa ? OIMf neP . fltoon RecelYe/e }n`? OP Ragsu?y CI?R lkld Pyplf. 000 a amVpwM Oll Pfaptftd7 Coca. No. Order of Prof? m e volebd7btelm aun? ?Ygg 9,YES OHO ?yhrk1h I. °n OYES No ?YEO tLT I'N+ ynyn npnd7 DoWbe Aided W. Removed to 1 Whu Hp.W7 Euepm U,-tochkbmonad Wteparo) ry0t: YER ? NO (,ASt/.N'7a*g f P OYES OYES ENO II Amu Man. Old Pap. Rum? PTOteeteeen, Mtu Me-rle'/ Non Mme Retpn ?•y( ?YES? NO .../ .--, M.._-r..l ^ 11No OlltneammRled EK., d&cnc ?aftRta R[cueefed ?Otler .._., u. Fmfy "Id MMSeb IreprK7 It YES, um Nam., El?w ONO QECka."To l?Il'ACaec bwtkA1FNTAC-YYJ'C J Dv Nobwl In vkAn vet I epon Reaia INwe7 X NO. RttwN e4 ? NO Z Z/ 02. ?NO P // Momekt Iury to Cnle ?K4'Au+9 MlADuteng ?nppnbyo.?.ng lopeM ? Fcrcbk R e atreiA flbbing Lt ??i^•" PUgFq ? 7hrocdM keme 4vlpeCtu AClbro: ? BRing ? ,-,/; ngf94vnminp lnlo WsAa ?9erW Abue ?SbPYnp ?Tirceab Wnk WaaomU) ? O PW:Yq Pkanee Ffvm Wdl uncking eWINQ L?lP ?UeN9Waopmlt) rlbbe ?0*lw: NM mN of Qkeve Inadtm: V- r lI--, -Jowl bil$Jfn?'- S ft To ,. Ylpwe'e St1lgMMm legamnC.`--, Af ,QW f CF .SAAInAIrifA ??YFitf.a.. r Q41fi3 To wive te 6 AChpd Mee BtTht Yiclyn aADUee, Mn Oum Nl7n Mane'r Unev un.. tbb Guts Npitndd MOmber Htvet P:Md Pam37 ?Vet o Pemul 9tUtdt ?YE6 Negletl a"'onll 19 ONO Peme Nv..?-? ItlWng auM 4lle"7 II Yu, Rape 1 "r MUW a_, eo NYB CNU AOwe HalMe Pp'slry f 7-0gg ES}1922. Ntme Plvtatlm sarvlca Namt of Pobon YNmea REFERPAL9: CMW P.:MS. Uanleg S.- All 11rr,,,p.:?e vle:. SeM ?pkIo OWde Agtnq 01 Tmv' Noultd Br Y I a D, Ya 7V coo SupeMp 9hnaN?e U/ 'e7i7 f/ 0 1 la, ? l l J P u mincovir-Aftnoy FNk coo, Yi&n 322I .OW7 0CA C=y62M 01114E by NYS Dfv of Wr* W dMdw Senkea T 'CMmCN.OWE Getb eed apy•YC1en -1 CAAIRS 1. AausY: Town of DeWitt PD INCIDENT SUPPLEMENT REPORT x Da NOMBeR: 02.399582 p.?AMCCUAMIAN TnxN7flaAn ohan®t 01YOLtn n.vv,+ss U u IVOLVeD PLRtON TYPII -UNANT 1s. nAlpl U7,A1LTD101 pa PO ND?VESVE9, CRISl•O.VA L. OT SURFIELD, CASSANDRA S. µ9- t nPrIDUCH O AI.B A7, 1i1W NL7AM ANON 822 Hi7MMEL AVE, 822 HUMMEL AVE. CDY,3TAMW N LEMOYNB, PA 17043 LEMOYNE, PA 17043 . mom 717.975.9474 717.975-9474 DE x 34 09 1.1EX F F LIAm W W OT NIEVES, ELA1R M. 822 HUMMEL AVE. LEMOYNE, PA 17043 717.975.9474 03 M W OT MEVES, ALEXANDER S. 822 HUMMEL AVE. LEMOYNE, PA 17043 717.975.9474 01 M O4N TOISN 61•AECOVelID 06CTOLGRP.COVEREO 07=7A1'cKHUH10 OB.ANION I09.DAM 01-wsr 07.POUND CMAe IIsIMPOVN08D IuTOVlBD M7 I?OHl ERV6D 1!-AHONOONBD 73. STATE 74.ExP 71.7YPE 7618 TE 77. VESDCLE ID NU4HCR PA DLR Q 1UNK KS DO.MODEL 11. STYCOwUE k, NO.OP OCCUPANTDODGE CARIVAN VAN Sit. ($0.001 191." CHEC _ 67.WEAPO4SINVEHICl8 IS SPECVEHlHATURC7 67.TOW® tL79/EY QY O? C3 yes ®nN QPOS ®NEOK PA DLR PL ATE Q YES ®no UNS VeNiCGECOOe OI.IDST (OsMND 04-FMLEN 05•RECOVERW 06 410IJ3I.Vsm 07-SAFMMUL40 OMARSON 09-DAMAGE ID-USED IN CRIME IIdMPOUNDED 17-TOWED 134ENM 37PL 149WRVHD Is aONw w 71.COD877-PLATSO 73. STATE 74. eXP 73. TYPE 76.1JAPPLATE T/. VEHICLSID NUMBER ? Yes O NO 7& YEAR 79, MAKE p. MODEL el. SIYLS a COLOR 63. VALUE 94. NO.OP000UPANTS 11.WEAPONSIN VEHICLE M. SPEC VEH FEATURES 89.RELUSED 90.NCICCNK 91. SCOPPCHECK 87.7DVhD 66. TO/BY QYBSQNO ?Y69ON0?YLSONO?P09 ?NEO al.lgsT 0].pm O1-SIOLFl! 07•RECOVBRe 0006 coal II twr 96AM111D1A 9$.SS11ALNUM3ER D 06-570LEYAtGCOVED O7.EVmfiNCB 06aSAPRFS%NO W-ARSON IWDANAOS %. YAKS >h. MODHL 11.6ESC1VIloWCGIDR N.GW CAi . 100.GUNTYP 101. VALUE TOTAL 07. lALr iuewn„w(e AUnn aRPu' tu.CiuAN:.imuerorywatu 4w S(0. d1M Pmm fn,Yi4lw dW. nn 1 IyI I-.y- IAPPIRA®UND®1^^ GF Ie1N,UIIY N '3'15 IIO AIPKOV L/ ID ? T 1 0d V F:. i TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT Nmmotte Wno DOMS Ow N& 02-399582 PsgeI- of? vkam non. Pow, Mn SURFIELD, SAMANTHA E. On 21 Dec 02 at approximately 0020 hours while assigned to Unit 34011 responded to the John Milton Ina at 6578 Thompson Road In regards to a physical domestic dispute. Unit 3412, Officer W. Grecco also responded. Upon arrival we were met in the lobby by the above listed victim, Samantha Surfleld, her mother Cristina Nieves (PG), her sister Cassandra Surficld (OT) and her brother Alexander Nieves (OT). Mrs. Nieves was hysterical and stated that her husband, Angel Nieves (SU) had struck Samantha in the mouth with his fist and then left the hotel with their (3) three year old son, Blair Nieves (OT). She stated that her husband was intoxicated and that he left in a 1999 or 2000 Dodge Grand Caravan bearing an unknown Pennsylvania dcalcr plate (later identified as 23470531, which was taken from the hotel registration card). Mrs. Nieves stated that they were in Dewitt to visit family for Christmas but that her husband would not go there and would most likely drive back to Pennsylvania. A point of information was immediately broadcast detailing the above information to all units in Onondaga County. The New York State Police and the Pennsylvania State Police were also notified. Checks of the area for the above vehicle, including aerial checks of Interstate 81 via the Onondaga County Sheriffs Office helicopter, gave negative results. I then checked the injury to Samantha Surfleld and observed that she suffered an approximate (1/2) half-inch laceration to the inside of her upper lip that was bleeding. She stated that Angel Nieves, who is her stepfather, struck her In the mouth with a closed flat while he was having a physical dispute with her mother. She stated that besides punching her, her stepfather shoved Cassandra and she fell to the ground. Samantha stated that her stepfather struck her mother in the face several times and that atone point he missed her moths and struck Blair In the head. She stated that she was trying to get Blair away from her stepfather when he punched her in the mouth. I summoned an ambulance to the hotel to inspect Samantha's injuries and to medically clear Mrs. Nieves and Cassandra. The paramedics stated that Samantha would not require stitches and that Cassandra did not appear to be injured. Mrs. Nieves would not allow the paramedics to look at her but she did not appear to have any injuries from the altercation. At this point I attempted to Interview Mrs. Nieves and it became apparent that she was highly intoxicated. It was difficult to get any information from her, as she was hysterical. Samantha approached me and told me that she could provide all of the information that I needed. Samantha advised me that they had arrived at the hotel from Pennsylvania approximately (3) three hours before this incident. She stated that her mother and stepfather left the hotel a short time later to go to a bar and left her in charge of her three siblings. She stated that upon their return to the room approximately (2) two hours later, her mother and stepfather were intoxicated. Samantha stated that after a short time her mother went to bed in the adjoining bedroom and that her stepfather stayed in the main room and watched television with them. She stated that for some unknown reason her stepfather became angry and went into the adjoining bedroom and began yelling at her mother. She stated that she heard her mother say, "No, don't!" so she went into the bedroom to see what was occurring. Samantha stated that her stepfather was hitting her mother and that her mother was holding Blair. She stated that her stepfather missed her mother several times and struck Blair in the face and head. Samantha stated that her stepfather took Blair from her mother and that Blair was crying. Samantha stated that she attempted to take Blair from her stepfather so that he wouldn't get hit again and that her stepfather stated, "You're not taking my son", and he hit her In the mouth with a closed fist. Samantha stated that she felt severe pain in her mouth, felt dizzy and she could tell that she was bleeding. She stated that she went into the bathroom to spit out the blood that had collected in her mouth and then she went back into the main room. She stated that her stepfather punched her mother In the face and then ran out of the room with Blair. Samantha stated that she followed her stepfather down into the lobby to try and get Blair from him but she was unsuccessful. She stated that her stepfather got into the above listed vehicle and left with Blair, Samantha gave a written statement, in the presence of her mother, regarding the above information. A statement could not be taken at this time from Mrs. Nieves due to her intoxication. aero ooenFen'aeiorvnnne ? 3l? .w vc wm•rr.,.im. r `7er ? APFIRME ER PENALTY OF PERJURY THIS 22 DAY OF 20 oir TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT Nzw arlMlamt cm Nu t or DOMS 02-399582 Vleam(Wl, .Mn SURFIELD, SAMANTHA E. Mrs. Nieves stated that she only wanted her son back and did not desire prosecution for the dispute between herself and her husband (violation charge of harassment only). I advised her that I would be completing a case for endangering the welfare of a child and assault In the third degree for the injuries caused to Samantha. I attempted to contact Mrs. Nieves' father, who resides in Manlius, but Mrs. Nieves gave me the wrong telephone number and misspelled his last name. She stated that she did not want us to contact her family because it would cause her a lot of problems. She refused to elaborate on this issue. As I was unable to contact any family, I stayed with Mrs. Nieves and her children for over three hours to ensure the children's safety. During this time Mrs, Nieves sobered to a point where I felt that she could be in control again. It should also be noted that Samantha is extremely mature for her age. She remained very calm and appeared to have no problems caring for her siblings. She advised me that she has taken babysitting classes in Pennsylvania and that she regularly watches her siblings, as well as other children. It was the opinion of Lt. D. D'Arrigo and myself that Samantha was mature enough to and capable of watching her siblings. During the course of the investigation Samantha had provided me with a cell phone number for her stepfather. Lt. D'Arrigo called the number (717-576.7491) and left a message requesting Angel to contact him Approximately (20) twenty minutes later Angel called Lt. D'Arrigo and stated that he was still in the Syracuse area. He refused to disclose his location and would not return to the hotel. He advised Lt. D' Arrigo that Blair was fine and that he was not injured. A point of Information was broadcast that Angel may still be in the area. Area checks gave negative results. At approximately 0400 hours Angel again contacted Lt. D'Arrigo and advised that he was approximately one and one half-hours from Syracuse. After speaking to Lt. D'Arrigo he agreed to remm to Dewitt to drop off Blair at the hotel. I contacted the NYSP in Binghamton and they advised that they did not believe that he had made It as far as Binghamton as they had been looking for his vehicle. As of 0700 hours, today's date, Angel had not retumed to the John Milton Inn. As it was believed that he would return to the area, I completed a case for Endangering the welfare of a child and Assault in the third degree against Angel Nieves. I completed a warrant application for the charges and the Honorable Judge D. Gideon signed the arrest warrant. The warrant was entered into NYSPIN and CHAIRS shortly thereafter. A File 25 was sent with special attention to the NYSP and the Pennsylvania State Police. No further information. R?P Ran M3l1?IK5 1rNIHD APrR a1G SL v 's3".. SIaaD (/`t/J F en Irl AFFIRMED UND?ft PENALTY OF PERJURY THIS Z DAY OF OECE 2tX. , 20 z TOWN OF DEWITT POLICE DEPARTMENT ...,....._ .,,, DOMS IcWNo. 02-399582 I P+e?- L O_L SAMANTHA E. On 06 Jan 03 I conducted a follow-up investigation into the above listed incident. I contacted the NYS Child Abuse Hotline (1-800.635-1522) and spoke to a Randolph Lukas. I advised Mr. Lukas of this incident and, after conferring with his supervisors, Mr. Lukas stated that they were declining to register this incident in New York State. He stated that because the family resides in Pennsylvania they would nor be able to investigate this incident. Mr. Lukas advised me to contact the Pennsylvania Child Abuse Hotline and report the incident to them. I contacted the Pennsylvania Child Abuse Hotline (717-783-8744) and spoke to a Desiree Reed. I advised Ms. Reed of this incident and she stated that they would not be able to Investigate this incident because it happened in New York State. She stated that they do not have authority in this incident and that New York State should take the registry. Ms. Reed took all of the information regarding this incident and stated that she would forward it to Cumberland County Youth Services, as this is the county that the family resides in. She stated that they would not be able to investigate this incident, but that they might check on the welfare of the children, She advised me to contact Cumberland County Youth Services (717-240.6120) to see if they wanted the reports regarding this incident, I was unable to contact Cumberland County as their office operates during normal business hours (0900-1700). No further information. AFFIlt VIED UkdR PENALTY OF PERJURY THIS oB DAY OF &W ? ?, RALRFT,OATB STATG RG OISTRY NO. LOCAL FeBOIBTRV NO, DSO-2221 (Al tAil Yr. Mo. Day REPORT OF SUSPECTED : CHILD ABUSE OR MALTREATMENT ?IMB Q? LOCAL CAGE NO. LOCAL AGBNCy NE YORK STATG OBFARTMlNT OF SOCIAL SERVICES C?M ts. '?:'U'`'•• ::r;tt+: =r;Y%.Z?:;.'-8U9J¢ BOF. R6PORF••:vim" • ' , ' ^ Lin dl children In houwhold, adult, re,pondbia tar noutehold, and alleged parpetnton. Co. RirtneaID athnle Suvm. or Check (A ^' If Alle ed C d R E I lM, F, Una Misr NamF M.1. Allaes Unk.l ar Age Mo. Day Vr, g o a o u O 1' Over) perpetrator No. Lan Name 1 r E. G b 1a 1 N A, S. F o? H 2 v ( Ai t A4. M 03' lu I H N OZ zI of H V. F I 1 S ? AACrer? Q. M 03 L9 7Ir fI I I OMGne li ADORESlEB ANO TI,e'LuMO EN BEge: PA 171 fi bt TELEPHONGNO.9 75-V 7''I u . t HouBHOI.D K TEL PHONi NO. (41 (Clvv Lin a NmJ TELEPHONE NO. a. "?_!%? .,4':? _ .. •'V>•fi'. •. ::CK. y' ?:.;?aLJiegL•n:?'.1[:•"'?' Alleged Compuenrat or widened of abuu or maltreatment • Olve chllditti line numbar(O. If all children, write "ALL". DOA/FORIltY Chlld't Orvg/Alwnol Led Educational Neglect Fneturea Drug Withdrawal Emotional Net7leat _ Subdural Hartatoma, Internal Inluflea Lack of Medical Can Lack of Food, Clothing, 5halter _ Bruittt,111i Malnutrition, Failure toThrivt TLecvmlio,n Lack ofSuce"islon , SurnLSuldirq Sexual Abuts Abandonment EXCe01Vg Corparel Punlinh ant Other,,pacify: State,carom fartuwidon. Include the nature and extent of each crepe., In1gr191, abuse or maltreat. (If ksown,alva tlme and data of alleged ineidentl: moot, any evldanea of prior Inluriw, abuts or maltreatment to the child of his elblbgt and any NWInct Me, O W Yr. ' MIAMI Z3=? • •'O oz. at'Parental'behavior contributing to the problem. lL i io 'MI Time C31i e m or emo YnS.(.4? b PrT11ACAy t"C'-FbAS " " I'?na, _Mt?: ,?Ofraa..L-_.i7_??;__•a'':5??',-:'iUS?:.n; '$ v - " SOURCE OF THIS R RBP PERSON MAKING T I GL PHONE NO. NAMG M F I F REN TELEPHONE HU. NA E I'3gs ?I$ O -- A0RR1108 ADORERS 54tu ?.1rr4ZWr PE I Zii NCY/INST ITUT N AGENCY/INSTITUTION RIII.ATION HIPi/ror Rg tr,xlol Gaurcel ? italStaff EYla,vEnfo¢ari 0Naiphbor ?Relatlvs C3H mp C_]Med.Exm.lCorcmr nPnyviritn 1: $"let somice/ ?PublIc Health LlMrrnel Health 0schi Steal ?Othur iipgpifv) }_ 111 111011 W' M .12 U! ?'..:1-pl'?1? 'ga•L'e `itV - ^ !a :A,,,l'?:1 ?:.. ?. . " .,?.. ivt^•• a ?. a rye b7dlwl Boom 20x•Rry 4CIRamovollKoeping ACTIONS TAKEN Off Op 8C7Noq Msd. Exom,/C°rurwr ADOUTTO BE TAKEN: I["JPhatogrepha 70110,pitallta[lan 50noinud Homa 70Notified D.A. SIONATi OF Pli MAKING THIB RBFORT TIT LB DATE SUBMITTf.O Day . Mo 4, . ? FORM 9.18 STATE OF NEW YORK TOWN OF DEWITT THE PEOPLE OF THE STATE OF NEW YORK Plaintiff vs. Defendant Et. Q• /?I?E.S 3?L¢ ?V Request for Criminal Summons Reason: Request for Arrest Warrant COUNTY OF ONONDAGA Reason: Nu.,o,-t an 44#A Qelo &k.1, to & tk-wo- [-L t.Uae U'Sl i 1 1OAX* 1Q Liw 4&y YAt WiTA kh U)TWaf.E ?f OW JM1. ?F?aor?,Jr 11ns Imps,_ 1lcs To `IH-_ AaeA A-00 is A Qxyoarr eG PA • _ 21 tr cL 02- A • 3 itf Date Officer/ Shiel W.IRRANT OF ARREST FORM NO. 199 . wwuw.ouuwexKCO. wcroe. ,n,nH C.P.L. 120.10. 120.90 STATE OF NEW YORK : COUNTY OF ORONMOA JUSTICE COURT TOWN OF nRUTTT warrant of Ratst IN THE NAUIE OF THE PEOPLE OF THE STATE OF NEW YORK. To any Police Officer of the TOWN OF DEWITT POLICE DEPAR720MT Department, 5400 BUTTERNOT DRIVE P.O. BOX 59, DEWITT. , N. Y. An Accusatory Instrument having been this day laid before this court, that the offense of ENDANGERIEG TEE WELFARE OF A CHILD PL 260.10 SUB 1 ASSAULT IN THE THIRD DEGREE PL 120400 SOB 1 has been committed, snd accusing AHGffi NIEPBS (DOB: 03-29-76) defendant nou are, djeretare, IONlrilallfbea forthwith to arrest the above named DBYERDANT• ARGHI. NIEDES, and bring h is before this court at SAN Butternut Dtive. DeWitt NY in the Town of DeWitt , County of Omndaaa I N. Y. Issued this .?ls P4 day al May be executed in County of issuance or adjoining County. 120.70 VOLUNTARY AFFIDAVIT STATE OF IJEW YORK COUNTY OF ONONDAGA 1 TOWN OF DeWITT ) I. r41?u ., hvin9 duly >awor'n, state that I am JL_ years of a_ _ 94iI4LmY date of birth is aro my address is L?Aau.1?!?le?+ 1 ?11oKx ?. aLr. -----• ._ . making this state Wit to S2'' Time: Q.l Dates y) C z _, Location: ,pylR .•"' t _ m"ni-??'?c1?1- .l(?_?._L?...?.-?+•T?-_?ae?!__.H?71fe-._s1a+,u..dAuuY! lusl_p.lUt?sl_?S_..(Lu?-I?4:.-......_ ??- _.kb?..alsss..?a-.t1?._l?r_8ra?. n . .. .. ..n...... /_?- 144r Qrrr /A/Jla . Ar 71/cl-p "Ar.UL-lIbCaF.t_._ I ha.'e a;S ?mnsiats of _L-_ _ page(F0 an. Lhr Crn-ract to Lhu Mast m4' my kno,+'.=dpc False Ft;,tQ,,.2nte made ir, I:1,p 4ore'l Class A misderipww,• nur•-.urnc t^.. Accordingly and wlth n.ahi Ga :.:f hr,r: fcr'egoing statements of duct,. c.i,a: p.o.- ----... /.? a ors Witness+ Page _J_ of -2,_ purges. .n >.r ,to t. ,rznt rc• ? t-; ,-arts cont"Oel9l'I khei.o;. uL:a, inctr•u:nan i. Zrer ?r•: '.-:i-..c': ?:: vii?, 4;i frn•c?: •???. ,. har??L•.y 2.frir,:- .. .. comp I a'•nin 5u6aor•ibrad and 'd'+'^"r: :.: Lhir __. say of VOLUNTARY AFFIDAVIT STATE OF NEW YORK ) COUNTY OF 014ONDAOA ) TOWN OF DaWITT ) .S6lc_Lldes---?t.EE4+?Sfa-.3rz.....1__lA?.ur?leL?..??-.?+nf?al.t.-t?tla..:;}o? _.s?i?a, _?^? __?a._.??_.?Kl-?tipc'-?-•?.-dur.._.lF__t???ua.[._Lf/?t?...f [?tu? ?-mss-- ??ani?s,__l-tro>«o-.?r_n.._tdn_-qua..- ------ -LIP .._-_-?lns_:1.s__..:nr?-_?,.a..??!i{.?.?r;_r-'?!'?u* I have (had this sti+tement read to me)which consists of _ __. Pagats) and tharacts contained therein are true and correct to the best of my knov)led<)e. False utatements mada in the foreyoiny instrument are punishable as a Clans A misdemeanor pursuant to oection 210.45 of the Fanal Law_ Aecordin9ly and with notice of the 4oreQuin9, I hereby affirm that the s foregoing tatam nn?t of facts are tru?e^,' under venalty of per•dur•,v, ti i day of ??t:.t°`q"'•''? a-A - Comvla:s n tc before ma Witness: ,_._ ..- .._? S sr_ri6k)d and sworn this -day of--- Witnean: Notary Public Page .. of -2=.- Pages. --. g,?yy?,?KtA?._-?-.?dCalY11_1?.L-?A_j??tiTtB T?b?,c• rS'at?] ____ LAN OFFICES OF PETER .1 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRES PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff N1. CHRIS'T'INA NIEVES & ANGEL NIEVES,.IIZ., Defendants lZUSSO, P.C. Counsel for Plaintiff IN THE, COURTOF COMMON PLEAS CUiMBEIMAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTION- LAN CUSTODY EDGAR B. BAYLEY,.IUDGE PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes the Plaintiff, CATHERINE J. BABNER, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Modification of Custody: The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at S22 Hummel Avcnuc, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody ordic Following children: 1Narn Present Res4l n •e D(1R Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves 822 Hummel Avcnuc Feb. 21, 2002 Lemoyne, PA 17403 4. Blair NI. Nieves was born out ofwcdlock. 5. The children arc presently in the custody of Defendants, who reside at, 822 Flununcl Avenuc, Lemoyne, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Plaintiff Catherine Babner Dcfcndant Christina Nieves Address Unknown 159 N. Locust Point Rd. Mechanicsburg, PA 17050 822 Flununcl Avenue Lemoyne, PA 17043 Duration Birth - August 1999 (Blair) August 1999 - May 2001 (Blair) May 2001 - Present (Blair and Alexander) 7. The mother of the children is Dcfcndant, currently residing at a last known address of 822 Hummel Avenuc, Lemoyne, Pennsylvania 17043. The mother is married. 8. The father of the children is Dcfcndant, currently residing at last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Nance Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babrier Soil Bryan Babiler Soil Joe Babiler Soil Sarah Babner Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angel Nieves, Jr. I lusband Blair Nieves Son Alexander Nieves Son Samantha Surfield Daughter Casandrr Surficld Daughter Matt (last name unknown) Friend 11. The relationship of defendant, Angel Nieves, Jr., to the children is that of lather. 'file defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surfield Casandra Surfield Malt (last name unknown) Relationship Wife Son Son Stepdaughter Stepdaughter Friend of Wife's 12. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court o f Common Pleas of Cumberland County. 13. Therc is an existing Order of Court entered in the above action number on May 14, 2001. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by placing legal and primary physical custody of the children with Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law Offices of Peter I Russo, P.C. By: Scott A. Stein Attorney for Plaintiff Date: CATHERINE J. BABNER, IN THE COURT OF C0IN9b10N PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES,JR., CUSTODY Defendants I, Catherine J. Babner, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Seeking Custody of the Minor Child are tme and correct to the best of my knowledge, infornialion, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: JL- P . 114:? 6? Catherine J. Babncr ? I I LAW OFFICES OF PETER J. RUSSO, P.C. RUSSO, ESQUIRE. PA Suprcmc Court ID: 72597 SCOTTA. S'T'EIN, ESQUIRE PA Suprcmc Court ID: S 1738 3500 Market Street Camp Ilill, PA 17011 (717)591-1755 CATIIF,RINE 1. BABNER, Plaintiff CHRISTINA NIEVES & ANGE1, NIEVES,JR., Defendants Counsel for Plaintiff IN TIIE COURT OFCOi\i\10N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTION - LAW CUSTODY EDGAR B. BAYLEY,.JUDGE CERTIFICATE OF SERVICE 1, Scott A. Stein, hereby certify that Ian, on this clay serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Smice by First-Class Nlail, Postage Prepaid, and Addressed as follows: Anecl and Christina Nievcs, Jr. 822 Hummel Avenue Lemoyne, PA 17043 Scott A. Stein ?r_ Dale: LAN OFFICES OF PETER J. RUSSO, P.C. PETER.1. RUSSO, ESQUIRE PA Supreme Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA Suprcmc Court ID: 81733 3500 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff V. CHRISTINA NIEVES & ANGEL NIEVES, JR., Defendants Counsel for Plaintiff IN THE COURT' OF COMMON PLEAS CUiN9BERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL AC'T'ION - LAN CUS'T'ODY EDGAR B. BAYLEY, JUDGE CER'1'IFICATF, OF SERVICE 1, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 822 Hummel Avenue Lemoyne, PA 17043 a'? Scott A. Stem Date: 31 U C • o ? "1 ' 10 1 1 :J CATHERINE J. BABNER, V. CHRISTINA NIEVES and ANGEL NIEVES, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6716 CIVIL CIVIL ACTION - LAW CUSTODY IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, January 31, 2003, hearing on the Petition for Emergency Relief Seeking Modification of Custody of the Minor Child is set for 10:00 a.m., Thursday, February 13 , 2003, in Courtroom No. a I he By t Co ff - LUM-j Edgar B. Bayle , J. /Peter J. Russo, P.C. The Chelsea Building 3800 Market Street n „? l Camp Hill, PA 17011 /Angel and Christina Nie ves, Jr. R?s 822 Hummel Avenue Lemoyne, PA 17403 01-3)-o,3 I .. ___. i JAN 3 1 2003 CATIIERINE J. IIABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LANV ANGEL NIEVES,JR., CUSTODY Defendants EDGAR B. BAYLEY ORDER OE CO[ iRT AND NOW, this day of February 2003, upon consideration of the attached Petition for Emcrgcncy Relief Seeking Modification of Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED. Petitioner is awarded temporary physical custody of the minor children, Blair M. Nieves, bom March 22, 1999 and Alexander S. Nieves, born Febmary 21, 2002, until further Order of Court. Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court. Either party may request a full hearing on the issues set forth in Petitioner's Request for Emergency Relief. BY THE COURT, Judge LAW OFFICES OF PETER J. RUSSO, P.C. PETERJ. RUSSO, ESQUIRE PA Suprcmc Court 1D: 72597 SCOTT A. S'T'EIN, ESQUIRE PA Supreme Court ID: S 1735 3300 Market Street Camp Hill, PA 17011 (717)591-1755 CATHERINE J. BABNER, Plaintiff V. CHRISTINA NIEVES S ANGEL NIEVES,,IR., Defendants Counsel for Plaintiff c'> IN T14E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA- NO. 1999 - 6716 .a CIVIL ACTION - LAW ? CUSTODY PETITION FOR EMERGENCY RFI IFFSEEKIJ_ MODIFICATION OFCIISTODV OFTFIF MINOR CHILD AND NOW, CONIES, the Plaintiff, Catherine J. Babner, by and through Law Offices of Peter J. Russo, P.C., and r espcctfully s ubmits the following in support of Plainlifrs Petition for Emergency Relief Seeking Modification of Custody: 1. The Plaintiff is CATI-IERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CFIRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: Ngmt Prpsent Resirtener DDR Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves S22 Flununcl Avenue Feb. 21, 2002 Lemoyne, PA 17043 4. Blair M. Nieves was born out of wedlock. 5. The children are presently in the custody of Defendants, who reside at, S22 1 lummel Avenue, Lemoyne. Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and al the following addresses: Persons Defendant Christina Nieves Plaintiff Catherine Babncr Defendant Christina Nicvcs Address Unknown 159 N. Locust Point Rd. Mechanicsburg, PA 17050 822 Hummel Avcnuc Lemoyne, PA 17043 Duration Birth - August 1999 (Blair) August 1999 - May2001 (Blair) May 2001 -- Present (Blair and Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of S22 Hummel Avenue, Lemopic, Pennsylvania 17043. The mother is married. S. "file father of the children is Defendant, currently residing at last known address of 822 Flumniel Avenue, Lemoyne, Pennsylvania 17043. "file feather is married. 9. "fhc relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Relationship Dave Babncr Husband Alyssa Babncr Daughter Aaron Babncr Son Bryan Babner Son Joe Babner Soil Sarah Babncr Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angel Nieves, Jr. Husband Blair Nieves SOIL Alexander Nieves Soil Sanl:uldla Surfield Daughter Casandra Surlield Daughter I Mall (last name unknown) friend I i I I l. The relationship of defendant, Angel Nieves, Jr., to the ehildren is that of father. i ! i The defendant currently resides with the folloNving persons: Name Relationship Christina Nieves Wife Blair Nieves Soil Alexander Nieves Soil Samantha Surficld Stepdaughter Casandra Surficld Stepdaughter Matt (last name unknown) Friend of Wife's 12. Plaintiff has simultaneously fled a complaint for custody that is attached hereto as Exhibit B. 13. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999.6716 in the Court ofConunon Pleas of Cumberland County. 14. There is an existing Order of Court filed to the above action number and entered on May 14, 2001. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. On or about December 21, 2002, Police in Dewitt, New York were summoned to a hotel room occupied by both Defendants and their children. 17. A copy of the police report in this incident is attached hereto as Exhibit A I s. 'file nature of the call was for a physical domestic dispute. 19. Upon i nvestigating the incident, it was delennined that the family had arrived in New York to visit funily for Christmas. 20. Shortly after arrival, the Defendants left the room, leaving the oldest child in charge ol'supervising the children, and went to a bar. 21. Around midnight, the Dcfendants returned intoxicated and Christina Nieves went to the bedroom and Angel Nicvcs, Jr. stayed in the front room watching television with the children. 22. According to Samantha, Angel Nieves began yelling at Christina Nieves in (lie bedroom. 23. When Samantha went into the room, site observed Blair Nieves in her mother's ants and Angel holding her mother by her hair and punching her in Tile face. 24. During the course of punching Christina Nicvcs, Angel would miss and punch Blair in the head. 25. Samantha Own attempted to intercede and get Blair away from the situation and was punched in the mouth by her stepfather. 26. Angel Nieves then proceeded to nee the room with Blair Nieves in his ants and get into their vehicle and drive away. 27. According to the police report, Angel Nieves was intoxicated at the time and mother, who was similarly intoxicated refused to press charges in the incident for the assault on her. 2S. Plaintiff has had custody of the child, Blair Nieves in the past while the Defendants were incarcerated. 29. Plaintiff is concerned that the children may be physically banned if they remain in the home. 30. Defendants are without local counsel, therefore, Plaintiff was tillable to serve or provide notice on this Petition. WHEREFORE', Defendant raluests this Honorable Court to order that physical custody of the minor children be placed with Plaintiff pending further hearing on this matter. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Lay: Scott A. Slain r Attorney for Plaintiff C? Date: ? ? ? CATHERINE J. BABNER, IN'rllE COURT OF CONI ION PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES, JR., CUSTODY Defendants VERIFICATInN 1, Catherine J. Babner, hereby swear and affirm that the facts in dic forgoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Catherine J. Babi r T ' Oftl _ p O F 4i l M PRINT .(( PD) hdM Rapwl NO. tl.aRI lye) U? P G 11 c r,)W1Tr CGMIfi .1?. 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LEMOYNE, PA 17043 717-975-9474 09 F W L OT NIEVES, EL41R M. 822 HUMMEL AVE. LEMOYNE, PA 17043 717.975.9474 03 M W . Q OT NIEVES, ALEXANDER S. 822 HUMMEL AVE. LEMOYNE, PA 17043 717.975.9474 01 M W VPJDCLE 09?AAMA Own 01-0047 02-FOUND OWSTOLEN O6TOLE4IECOVt7lm 07dAtEREDPPID DEIAp10N OE H-U10DINCRm 11-IPOUNDBD 7ESSm MIO91ERVm I1-ABONDONW 71. COO14. EKP 741., RA78 77,VE70CLEMNUMBI 14 0531 DYES ONO 78. YEA0. 79. MAKE AMMODEL QCOLOR U. VALUA M. NO.OP OCCUPANTS 1999 DODGE CARAVAN SLL (50.001 2 S1.WE1PCRis INVPIIIClB IL SFEC VEN P&ITUReS BY S9.RSLRA8ED 90.NCICCHK 91.SCOPP CHECK UNK PA DLR PLATE OYES ONo OYES 0NO 13POS NNEO VEHICLE LT)Oe OI.LOST O FOUND OPST04EN 07aREC0VPRBD a6 4TOL87tEODVERm %.EAPpIBgpINa Oe.AnsoN D9.DA14AGE 10-USEDINCRWE 11"POUNOED I2-TOWED 13.APNM1011PD 14===Vm 111ABONDMED 71. CODE nPLATE t 73. STATE 74. UP 73.TYPB 1rl. OAP PLATE Y67 ONO 77. VEMICIE ID MIMBER p 7L YEAR 791 80. MODEL IS. WEAPONSIN VEHICLE 1L SPEC VEH FEATURES 0006 0111017 M MOUND O6STOLPN OI.RECOVER 11.000E 91GVAN N. AATCL6 9111EAlAL MNRER S1. STYLE R COLOR AJ. VALUE M. NO.OPOCCUPANTS 87. TOWED 88. TO/BY E9.REL1USRD90.NCICCH[ 91.$COPPCNPCK OYES?N0 ?YE9ONOOYSSC7NOOPDS ?NEO &D X-STO1FNZWOVED 0711 09a9AFEXUNNO 09 ,,N IRDAMAOE "I w= ti. MODEL N.DCNSVDOWL W.OLI.VCAL IWOUNTYP IDI.YAWE y0 L, TOTAL Oi. f1111iWIw„IWI Mmn ltpu tat•AL'+AN;tlmlArotllrnatb IPM dNl1 fOW 1(Y (YINIC1I RtN1l fat APPIRI®VNDBR^^TY OFIIQLV?VRY n Ie.? 111. DFNmII U 314 10. V, y,,I 9P all TOWN OF DEWITT POLICE DEPARTMEN'T' SUPPLEMENT REPORT Nsu aflwldm, cm Na Pala Of DOMS 02-399582 vklh (U,L ftt. Mo SURF=, SAMANTIIAE. On 21 Dec 02 at approximately 0020 hours while assigned to Unit 34011 responded to the John Milton Inn at 6578 Thompson Road In regards to a physical domestic dispute. Unit 3412, Officer W. Grecco also responded. Upon arrival we were met In the lobby by the above listed victim, Samantha Suffield, her mother Cristina Nieves (PG), her sister Cassandra Surfield (OT) and her brother Alexander Nieves (01). Mrs, Nieves was hysterical and stated that her husband, Angel Nieves (SU) had struck Samantha in the mouth with his fist and than left the hotel with their (3) three year old son, Blair Nieves (OT). She stated that her husband was intoxicated and that he left in a 1999 or 2000 Dodge Grand Caravan bearing an unknown Pennsylvania dealer plate (later identified as 23470531, which was taken from the hotel registration card). Mrs. Nieves stated that they were in Dewitt to visit family for Christmas but that her husband would not go there and would most likely drive back to Pennsylvania. A point of information was immediately broadcast detailing the above information to all units In Onondaga County. The New York State Police and the Pennsylvania State Police were also notified, Checks of the area for the above vehicle, including aerial checks of Interstate 81 via the Onondaga County Sheriffs Office helicopter, gave negative results. I then checked the injury to Samantha Suffield and observed that she suffered an approximate (1/2) half-inch laceration to the inside of her upper lip that was bleeding. She stated that Angel Nieves, who is her stepfather, struck her in the mouth with a closed list while he was having a physical dispute with her mother. She stated that besides punching her, her stepfather shoved Cassandra and she fell to the ground. Samantha stated that her stepfather struck her mother in the face several times and that at one point he missed her mother and struck Blair In the head. She stated that she was trying to get Blair away from her stepfather when he punched her in the mouth. I summoned an ambulance to the hotel to inspect Samantha's Injuries and to medically clear Mrs. Nieves and Cassandra. The paramedics stated that Samantha would not require stitches and that Cassandra did not appear to be injured. Mrs. Nieves would not allow the paramedics to look at her but she did not appear to have srry injuries from the altercation. At this point I attempted to Interview Mrs. Nieves and it became apparent that she was highly intoxicated. It was difficult to get any information from her, as she was bysterical. Samantha approached me and told me that she could provide all of the information that I needed. Samantha advised me that they had arrived at the hotel from Pennsylvania approximately (3) three hours before this incident. She stated that her mathcr and stepfather left the hotel a short time later to go to a bar and left her in charge of her three siblings. She stated that upon their return to the room approximately (2) two hours later, her mother and stepfather were Intoxicated. Samantha stated that after a short time her mother went to bed In the adjoining bedroom and that her stepfather stayed in the main room and watched television with them, She stated that for some unknown reason her stepfather became angry and went into the adjoining bedroom and began yelling at her mother. She stated that she heard her mother say, "No, don't!" so she went into the bedmom to see what was occurring. Samantha stated that her stepfather was hitting her mother and that bar mother was holding Blair. She stated that her stepfather missed her mother several times and smock Blair In the face and head. Samantha stated that hcr stepfather took Blair from her mother and that Blair was crying. Samantha stated that she attempted to take Blair from her stepfather so that he wouldn't get hit again and that her stepfather stated, "You're not taking my son", and he hit her in the mouth with a closed fist. Samantha stated that she felt severe pain in her mouth, fell dizzy and she could tell that she was bleeding. She stated that she went into the bathroom to spit out the blood that had collected in her mouth and then she went back into the main room. She stated that her stepfather punched her mother in the face and then ran out of the room with Blair. Samantha stated that she followed her stepfather down into the lobby to try and got Blair from him but she was unsuccessful. She stated that her stepfather got into the above listed vehicle and left with Blair. Samantha gave a written statement, in the presence of her mother, regarding the above information. A statement could not be taken at this time from Mrs. Nieves due to her intoxication. 0.aPOR OOm4ea'I ?IOVATLAG SNP.Ia A% V'0 L VI90?'???m nOmD 0 r7 AFFIRMEDC[1NDER PENALTY OF PERJURY THIS 2Z DAY OF_ 201L-- TOWN OF DEWITT POLICE DEPARTMENT PAP 1st SAMANTHA E. Mrs. Nieves stated that she only wanted her son back and did not desire prosecution for the dispute between herself and her husband (violation charge of harassment only). I advised her that I would be completing a case for endangering the welfare of a child and assault in the third degree for the injuries caused to Samantha. I attempted to contact Mrs. Nieves' father, who resides in Manlius, but Mrs. Nieves gave me the wrong telephone number and misspelled his last name. She stated that she did not want us to contact her family because It would cause her a lot of problems. She refused to elaborate on this issue. As I was unable to contact any family. I stayed with Mrs. Nieves and her children for over three hours to ensure the children's safety. During this time Mrs. Nieves sobered to a point where I felt that she could be In control again. It should also be noted that Samantha is extremely mature for her age. She remained very calm and appeared to have no problems caring for her siblings. She advised me that she has taken babysitting classes in Pennsylvania and that she regularly watches her siblings, as well as other children, It was the opinion of Lt. D. D'Artigo and myself that Samantha was mature enough to and capable of watching her siblings. During the course of the investigation Samantha had provided me with a cell phone number for her stepfather. Lt. D'Arrigo called the number (717-576.7491) and left a message requesting Angel to contact him. Approximately (20) twenty minutes later Angel called Lt. D'Arrigo and stated that he was still in the Syracuse area He refused to disclose his location and would not return to the hotel. He advised Lt. D'Arrigo that Blair was fine and that he was not injured. A point of information was broadcast that Angel may still be in the area Area checks gave negative results. At approximately 0400 hours Angel again contacted Lt. D'Arrigo and advised that he was approximately one and one half-hours from Syracuse. After speaking to Lt. D'Arrigo he agreed to return to Dewitt to drop off Blair at the hotel. I contacted the NYSP in Binghamton and they advised that they did not believe that he had made It as far as Binghamton as they had been looking for his vehicle. As of 0700 hours, today's date, Angel had not returned to the John Milton Inn. As it was believed that he would return to the area, I completed a case for Endangering the welfare of a child and Assault in the third degree against Angel Nieves. I completed a warrant application for the charges and the Honorable Judge D. Gideon signed the arrest warrant. The warrant was entered into NYSPIN and CHAIRS shortly thereafter. A File 25 was sent with special attention to the NYSP and the Pennsylvania State Police. No further information. AFFIRMED L'NDth PENALTY OF PERJURY THIS TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT NuunorIn wnl Cue No. DOMS 02.399582 V1,6m (W 4 Pw. Mn SURPIELD, SAMANTHA E. On 06 Jan 03 I conducted a follow-up investigation into the above listed incident. I contacted the NYS Child Abuse Hotline (1-800.635-1522) and spoke to a Randolph Lukas. 1 advised Mr. Lukas of this incident and, after conferring with his supervisors, Mr. Lukas stated that they were declining to register this Incident in New York State. He stated that because the family resides in Pennsylvania they would nor be able to investigate this incident. Mr. Lukas advised me to contact the Pennsylvania Child Abuse Hotline and report the incident to them. I contacted the Pennsylvania Child Abuse Hotline (717.783.8744) and spoke to a Desiree Reed. I advised his. Reed of this incident and she stated that they would not be able to Investigate this incident because it happened in New York State. She stated that they do not have authority in this incident and that New York State should take the registry. Ms. Reed took all of the information regarding this incident and stated that she would forward it to Cumberland County Youth Services, as this is the county that the family resides In, She stated that they would not be able to investigate this incident, but that they might check on the welfare of the children. She advised me to contact Cumberland County Youth Services (717-240-6120) to see if they wanted the reports regarding this incident. I was unable to contact Cumberland County as their office operates during normal business hours (0900-1700). No further Information. RPleAT1A0 OrF1CER1 IG,rANTS 0 !/al1D AFFRC . 'G lGP R'i Slew n 310 ( 4 +.) r pa AFFIRMED UIN6911 PENALTY OF PERJURY THIS ' I DAY OF _ 414 , 20 0 RAL RPT.OATi STATi RGGIBTRY NOS LOCAL RIDIiTRY NO, D88.2221 (ngvIy(1g) •Me{ Day. Yr. REPORT OF SUSPECTED CHILDABUSEORMALTREATMENT TIMe. LOCALCABENO. LOCAL AGENCY NE YORK STATE OlIARTMLaNT OP lDCIAL liAV CE C:oM r... ,r?.tuf.•••i.'r;ita:.rY--, •'ard :.81JgJC TB iP.ORF.. .`. Ks•t':•.•.i: y.'?:.,_ .. .- Llnell ghlldrenInnoumhoid , adults relponelble for hounhold, and ellsged POPMretora. Gov 11101h,1410 lthnla RSYIP.or Cne:t (A ar Age Cod a Can' If Alleged IM, P. Vnk.) Mo. Day Yr. 1-Ov adM) PerPebetor Ali"" No. Last Name First Nam- M.I. 1 E F D n 1 u Ca' s S F 09 N Z v ,t•? 03 X22 1 H J t . I Ea S' J1 At oz zr ci N L Nf P S FIatY?Fi Q. M 7G 03 L4 IIA)ti 1 I ?MOl l LtfT ADDRE53COANDT?LuMO ENu gERS: Cti A* Pa I TELcPMONe NO. 75-9'f 9 f? Z.- HOVSRHOLO TELEPHONE NO. OTHlR6 (GW. Line Noel TELEPHONE NO. aiVUtmernt•Olvechildlmn)'l line numbbh). If all ghlldnn,wntl"ALL". Alleged ConRquencu.orwldence ofabulaor m Chud't Drug/Alcohol uee Educatlonll Neglect DOA/Faullty Drug Withdrawal EmOUgnal Neglect guru Lock of Madleal Can Lack of Food, Clothing. Shelter Su btlurel Hemdoma, Internal InlYrtee --•?-? Malnutrition, Failure to Thrive Bruim,Weltl L m Lack of Supervision do ment Ab , Sa%Yel Abuts 1 n an faUH11fnl,S glding specify: Other , E-OeRlva COrWill Punishment give time and date of ellsoM incident): Ilf known , State reasons for usol.lon. Include the nature and extent of each child's injuries, abuse or maloul. esmem to the child or hit flblirpf and any widmu l lL 2 ?IAMI tn any evidence of Prior Injuries, abuse or ma 0 LZ maul , L3Tt% OTFMI v , .. _ ... _.. __?_. _.....w...rnn fe she oMblam. . W! ar' l tt C FORM 9.18 STATE OF NEW YORK TOWN OF DEWITT THE PEOPLE OF THE STATE OF NEW YORK Plaintiff VS. Defendant mwEl.. tZ. /?IE?E,S \ 3?24I'iL.) Request for Criminal Summons Reason: COUNTY OF ONONDAGA Request for Arrest Warrant Reason: beFknNt kk is A4 ib l.>? t?M &c 1vtKn• [-? WM En70exs to LEMn4At- Pa Wirt, Fh[ (,,v aft qf.. Cw Say US4,, )T 4rr- FJo I.c?a?.Tes io lbr-- AaeA A-mo is A f*s?cr,..sr or- PA 21 b*rLO2- -k 514r Date Officer/ Shiel is _ W.UMkN'T OF ARREST C.P.L. 120.10 - 120.90 FORMNO. log ovnu.w,w uweroRCO.Nmoe, ,r. u,>, STATE OF NEW YORK : COW'I7 OF ONONDAGA JUSTICE COURT TDB OF DEWITT loarrant of Arrest IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK: To any Police Officer of the TOWN OF DEWITT POLICE DEPAETKENT Department, 5400 BUTTERNUT DRMz P.O. BOX 159, DEWITT. N. Y. An Accusatory Instrument having been this day laid before thin court, that the offense of ENDANGERING THE WELFARE OF A CHILD FL 260.10 SUB 1 ASSAULT IN THE THIRD DEGREE PL 120200 SUB 1 has been committed, and accusing ANGEL RIMS (DOB: 03-29-76) defendant thereof. VOtl are, therefore, IOlimmnbell forthwith to arrest the above named DEFENDANT, ANGEL. NIMS, and bring h im before this court at 5400 Butternut Drive. DeWitt, NY in the Town of DeWitt , County of Onondaga N. Y. Issued this ,I"SOL day May be executed in County of issuance or adjoining County. 120.70 VOLUNTARY AFFIDAVIT STATE OF 14EW YORK COUNTY OF ONONDAGA t TOWN OF DeWITT ) ant _L4_ yeat` Of Ag in, dat P. my address is i? A r making this state tent t0 S r1Q, _'1 auPlp? ?u?e Location: is being sworn, state that I . I aro Time: . ¢1r4?_ Date: -- ?'?`?.t?.1??..s? xr zarc..?-?u.-.-Lf',?./e?ti_ ,e?l? ! .? 6 u .?? _ _I?CI??r•--? "'eGn ?,t??,( dt._77?-_??IL?triY F6?.a IIDSd,t57t/P?..-/,.?4tL_ ..G?_d>?.._.I,a.,n?.1?c,?r._Vii_A>=1rk...t?,u_.d.??o,•r_lu,.? (._uret??!_t.s_..lG?;??-..:...__ _ubl??_.?lllow?assr•-d!r{-tST?p-:-,?e._ctltt.,?-.--,d?.tf-S'?,sr?-_?'y'?r?•a --_. .l?ltb:?s?._i_.i2>e?'r-K??--•[U?y-?r;_!>lu&Fc._Li.?L_d?iaa?or ?,l/?.me_?_.__ .To -144-P_d..tc, I have ,to tacinnt r.• d !:-: wi:..•..:.. consists :71' _!=-. pag?(sY Anr: lhF1ar'!,s cr:-m 4.q??1Rrt th:r?;.°. .a:•r: uo: ,: r.c Cori•BCt to thej bast 04' my kno,.N'.sdgc. FAIse wtatem.nnts Slade in i12;r Mlm»nl, Ar•er -i: -:. :h,.:.:- ::•: .- Cl.ass A misdanPanor nvt•-.,Urn` 7,=H n 27. i;, 4t; CF :he t°r'nAl ..... Accordingly ant! with noL•ica ca hhr -(Cr'egoina statantnts of a?,Acts (lrr: ?:L day of IJ i t n e s s: Y.0- --? _ ---.- Witness- p•O,?-?•Ww'v d'va Page ,_I_ of p.ases. C:nnlu1a nan: xY,,•>.n .:: qn{ore: r.n 5utacr?br?d And tftis __. nay OF MCla:•v rub i.i. _ STATE OF I-JEW YURIC ) COUNTY OF ONONDAGA ) TOWN OF DeWITT > VOLUNTARY AFFIDAVIT .-?_?Itfs? ?a-?tlf?l._..?-. {??EC?flA_?r-SiL_t]?atrBT tQd4'?,c. d'atc? rl ??.,,- A.?.lf_? w..ely_dlorm?...e?o__L.t?aa_1aca?cf t •??•? ;?„ _ .?' >• Ltd..?CPJf?affa_u-a..._L__lA?es1S_:_L?I3_II!t__&??l :..pro.. ???-- _-?UL1dr_hll?_L J?AkzFA._ akfdul?tk- •.?ill ?._C?d uultY_.ItET_?e9 a -f bnr /,rm? ---?-1t1F?tC--?__73-••yyyr..•-?---1?°-errv.-.ti?lf.-?uAra?-L(J/1??12_.1? _ _____?>ars L5__..e _?a.?{.-iwrr!?!'? 1?Ias_b, tL_l+lslr>=_s€ 1 have - (had thin stntement read to me)-,which consists of _,,2?__ pagu(s) and the facts contained therein are true and correct to the best of my knowledge. False statements made in the forayoiny instrument: are punishable as a Clans A misdemeanor nut-amant to section ^219.45 of the F'snal Law_ Accordingly and with notice of tha foregoing, I hereby affirm that the foregoing ;tatem nt of facts are true, undar penalty of perjury, this z1 day of ??t s '-?- „ „ F _ __ \,,,-, C._.,- f .\,al Wi tneBsa Witrtesnr Page - of Pages. Lump 1 a:inan t 6,rribed and co-iorn to befora me is __ day of Notary Public LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff PE'T'ER J. RUSSO, ESQUIRE PA Supreme Court ID: 72597 SCOT" 1' A. STEIN, ESQUIRE PA Supreme Court 1D: S 1735 3500 Market Street Camp llill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES,JR., CUSTODY Defendants EDGAR B. BAYLEY, JUDGE PETITION FOR MODIFICATION OF CI ISTCIDY AND NOW, comes the Plaintiff, CATHERINE J. BABNER, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Modification of Custody: The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: Nanip PrPr cent??a DS2II Blair M. Nieves 322 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves S22 Hummel Avenue Fcb. 21, 2002 Lemoyne, PA 17403 4. Blair M. Nieves was born out of wedlock. 5, "file children are presently in the custody of Defendants, who reside at, 822 Hummel Avenue, Lemoyaic, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - August 1999 (Blair) Plaintiff Catherine Babner Defendant Christina Nieves 159 N. Locust Point Rd. Mechanicsburg, PA 17050 S221lunmel Avenue Lcnnople, PA 17043 August 1999 - May 2001 (Blair) day 2001 - Present (Blair and Alexander) 7. The mother of the children is Dcfcndant, currently residing at a last known address of 822 Hummel Avenue, Lcmoync, Pennsylvania 17043. The mother is married. S. The father of the children is Defendant, cnlTCntly residing at last known address of 822 Hummel Avenue, Lconoytic, Pennsylvania 17043. "file father is married. 9. The relationship of plaintiff to the children is that of inatc nal aunt. The plaintiff currently resides with the following Persons: Name Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babner Son Bryan Babner Son Joe Babner Son Sarah Babncr Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. 'rhe defendant currently residcs with the following persons: Nance Relationship Angel Nieves, Jr. Husband Blair Nicvcs Son Alexander Nieves Son Samantha Surficld Daughter Casandra Sul-field Daughter Matt (last name unknown) Friend 11. The relationship of defendant, Angel Nieves, .Ir., to the children is that of father. 'ncc defendant currently resides with the following persons: Name Relationship Christina Nieves wife Blair Nieves Soil Alexander Nieves Soil Samantha Surficld Stcpdaughlcr Casandra Surficld Stepdaughter Matt (last name unknown) Friend of Wife's 12. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 13. There is an existing Order of Court entered in the above action number on May 14, 2001. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by placing legal and primary physical custody of the children with Plaintiff. WHEREFORE, Plaintiff requests this I lonorable Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law Offices of Peter J. Russo, P.C. <"-re-fT-r? By: Scott A. Stein Date: //a Attorney for Plaintiff 111-7103 CATHERINE .J. BABNER, IN"1'111', 000R'1' OF COiIi*ION PLEAS Plaintiff CUMBERLAND COUNTI', PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES S CIVII, ACTION- LAN ANGEL NIEVES,.1R., CUSTODY Defendants VERIFICATION I, Catherine J. Babncr, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Seeking Custody of the Minor Child are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to aulhorilics. Catherine J. Babncr LAW OFFICES OF 1'hTER J. ItUSSO, P.C. PETER J. RUSSO, ESQUIRI? PA Supreme Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA SUprcn,c Court ID: 8 173S 3500 \7arket Street Camp Bill, PA 17011 (717) 591-1755 Counsel for Plaintiff CA THERINTs J. 11AIINER, IN'I II1; COURT OF COMMON PLEAS Plaintiff CU1111ER -AND COUNTY, Ph"NNSYLVANIA ?. NO. 1999-6716 CIIRISTINA NJF VES & CIVIL. ACTION - LAW ANCE1. NIE%'ES, JR., CUSTODY Defendants EDGAR B. IIAYLEY. J UDCE CERTIFICATE OF SERVICE I, Scott A. Stcin, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class ,Mail, Postage Prepaid, and Addressed as lollows: Angel and Christina Nieves, Jr. 522 FlUmmel Avenuc Umo}ltc, PA 17043 Date. 4'# Scot A. Stein LANV OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff PETER.?. RUSSO, ESQUIRE. PA Supreme Court ID: 72S97 sco,r'1'A. STEIN, ESQUIRE PA Supreme Court ID: S 1735 3500 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES S CIVIL. ACTION - LANV ANGEL NIEVES, JR., CUSTODI' Defendants EDGAR 13. BAYLEY, JUDGIi CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angcl and Christina Nieves, Jr. 822 Hummel Avenue Lemopie, PA 17043 Date: 3! t Scott A. Stein JAN 3 i EDO ' CATIMUNEJ.BABNER, INTHE000RT'OhCOMMON PLEAS Plaintiff CUMBERLAND COUNTY, PLNNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LANV ANGEL NIEVES, JR., CUSTODY Defendants EDGAR 13. BAVLEV ORDER OF COURT AND NOW, this day of February 2003, upon consideration of the attached Petition for Emergency Relief Secking Modification of Custody of the Minor Child, Petitioner's requested relief is hereby GRAN'T'ED. Petitioner is awarded temporary physical custody of the minor children, Blair M. Nieves, born March 22, 1999 and Alexander S. Nieves, born February 21, 2002, until further Order of Court. Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court. Either party may request a fill hearing on the issues set forth in Petitioner's Request for Emergency Relief. BY THE COURT, judge LAW OFhICES OF PETER.I. RUSSO, P.C. PETER J. RUSSO, ESQU1121s PA Supreme Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: S 1735 3500 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff V. CHRISTINA NIEVES & ANGEL NIEVES, JR., Defendants Counsel far Plaintiff IN TILE COURT OF CODINION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTION - LAW CUSTODY I'F'TITION FOR EMERGENCY RELIEF SEEKING WODIFICATION OF CUSTODY OF TIII' MINOR C IJI I) AND NOW, CONIES, the Plaintiff, Catherine J. Babncr, by and through Law Offices of Peter J. Russo, P.C., and respectfully s ubmils the following i n s upport of Plaintiffs Petition for Emergency Relief Seeking Nlodification of Custody: The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants arc CFIRIS"TINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 522 I-Iummel Avenue, Lento)mc, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: Ng rnr PmSmd RLgda= nOR Blair M. Nieves 822 Flummcl Avenue Mar. 22, 1999 Lemoyne, PA 170=43 AlcxanderS. Nieves S22 Hummel Avenue Feb. 21, 2002 Lemoyne, PA 17043 4. Blair NI. Nieves was born out of wedlock. 5. The children arc presently in the custody of Defendants, who reside at, 822 Hunuucl Avenue, Lemoyne, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - August 1999 (Blair) Plaintiff Catherine Babner Dcfcndail Christina Nieves 159 N. Locust Point Rd. Ntechanicsburg, PA 17050 322 Hummel Avenue Lemoyne, PA 17043 August 1999 - May 2001 (Blair) May 2001 - Present (Blair and Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The mother is married. S. The father of the children is Defendant, currently residing at last known address of 822 Flummcl Avenue, Lemoyne, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babncr Son Bryan Babncr Son Joe Babncr Son Sarah Babner Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angel Nieves, Jr. Husband Blair Nieves Son Alexander Nieves Son Samantha Surficld Daughter Casandra Surficld Daughter Matt (last name unknown) Friend 11. The relationship of defendant, Angel Nieves, Jr., to the children is that of father. The defendant currently resides with the following persons: Nance Relationship Christina Nieves Wife Blair Nieves Son Alexander Nieves Son Samantha Surfield Stepdaughter Casandra Surfield Stepdaughter Mall (last name unknown) Friend of Wife's 12. Plaintiff has simultaneously filed a complaint for custody that is attached hereto as Exhibit B. 13. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 14. There is an existing Order of Court filed to the above action number and entered on May 14, 2001. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. On or about December 21, 2002, Police in Dewitt, New York were summoned to a hotel room occupied by both Defendants and their children. 17. A copy of the police report in this incident is attached hereto as Exhibit A 18. The nature of the call was for a physical domestic dispute. 19. Upon investigating the incident, it was determined that the family had arrived in New York to visit family for Christmas. 20. Shortly after arrival, the Defendants left the room, leaving the oldest child in charge of supervising the children, and went to a bar. 21. Around midnight, the Defendants rclumcd intoxicated and Christina Nieves went to the bedroom and Angel Nieves, Jr. stayed in the front room watching television with the children. 22. According to Samantha, Angel Nieves began yelling at Christina Nieves in the bedroom. 23. When Samantha went into the room, she observed Blair Nieves in her mother's anus and Angel holding her mother by her hair and punching her in the face. 24. During the course of punching Christina Nieves, Angel Would miss and punch Blair in the head. 25. Samantha then attempted to intercede and gel Blair away from the situation and was punched in the mouth by her stepfather. 26. Angel Nieves then proceeded to flee the room with Blair Nieves in bis amts and get into their vehicle and drive away. 27. According to the police report, Angel Nieves was intoxicated at the time and mother, who was similarly intoxicated refused to press charges in the incident for the assault on her. 28. Plaintiff has had custody of the child, Blair Nieves in the past while the Defendants were incarcerated. 29. Plaintiff is concerned that the children may be physically banned if they remain in the home. 30. Defendants are without local counsel, therefore, Plaintiff was unable to serve or provide notice on this Petition. NIIEREFORE, Defendant requests this 1-lonorablc Court to order that physical custody of the minor children be placed with Plainliffpending further hearing on this matter. Respectfully submitted, Law Officcs of Pcter J. Russo, P.C. /i %/1 i%/! ? 2 Lay: Scott A. Stein Attorney for Plaintiff C? Date: ? Z ? W. I . 11 CATHERINE J. BABNER, IN'I'IIFs COURT OF COiIA'ION PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA `, NO. 1999 - 6716 CIVIL ACTION - LAN CHRISTINA NIEVES & CUSTODY ANGEL NIEVES,.IR., Defendants vMEWAIION 1, Catherine J. Babner, hereby swear and affirm that the facts in the forgoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Zy } Catherine J. Babis kr? 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DR NUMBER: 02.399582 INVOLVAD/100.4TWE CO-COWWNARr 9MWUNdt M.IdwN RUOR MO PWARIMOUAIIDIAN MINTS=AN ar-anD IINVOLSD SfrNOUSE 47.iYIR 4 PO L NA101(UST, PDUT,MI,iRIJ) NMVM.CRISTINAL. 41.F?=TKUWSlAA!lMNAM 822HUt.MELAVE. N.CTTY.ITATBDP LEMOYNE,PA 17043 49. Mtoha 717.975.9474 14 ADS 34 s1.Su F sLAO W OT SURFIRLD, CASSANDRA S. 822 HUMMEL AVE, LEMOYNE, PA 17043 717.975.9474 09 F W OT NIEVES. BLUR M. 822 HUMMEL AVE. LEMOYNE, PA 17043 717.975.9474 03 M W Q OT NIEV ES, ALEXANDER S. 822 HUMMEL AVE. LEMOYNE. PA 17043 717.975-9474 01 M W g S VEHICLE M-DAMA CODB 01-LOST 02.POUND 04.9TOLEN Os.=YUED 00410LNPSCOVPABD 01:JAPSKSmMO 00"ON GE 10-USWINCRIWS IbD.@OVNOED 12.TOWED 11-RSIOStms® 1408SEKVED 1-.ASONDONSD pa C•12 ILCOD1111. PLA7ES 77. STATE 74,W 77.TYPE 14 23470531 PA DLR 1LIMPPLATB 72.VEMCLEMNUMSSR 0 YES ONO UNK 7L YEAR 1999 79. MANS DODGE 80. MODEL 11, STYla CARAVAN VAN n COLOR 9H. U. VALUE N. NO.OF000UPAN73 ($0.00) 2 tJ. WEAPONS IN VEHICLE iL SPEC VEH lEANRES UNK PA DLR PLATE U.TDW® D YES ®NO IL 70/BY 99. RelSA9® D YES O NO 90. NnD CNK C03 ®NO 9I.SCOFP CHECK (] POS ® TIED VEHICLe000E 01-LOST Ql OUND 44MLW OS-REODVEM V,4TOLETU vu= 07-SAFEKEEPINO os.MsoN 09-DAMADE INUSED IN CRIME IIwmPOUNDw 12-MWED 13-AHPOSSSSUD 14?v1m Is.ABONDONED 71.000E 7LPLATES 7J. STATE 74. EXP 73.TYPE 76.D4PPIATE 77.vHHICLEID NUMBER YES D NO - - 7LYEAR 79. MAKE 80. MODEL tI.STYLE QCOLOR U. VALUE No. OFOOCUPANTS T 65. WEAPONSIN VEHICLE tL SPEC VEH FEATURES 97.70WED D YES 0 NO 88.M/BY t9.RH2EASED D YES 0 NO 90. NCTC CHK D YP3 D NO 01. SCOPPCHECK ? POE ? NED 0001 01-LOST O FOVND O9 STO LEN Os-RECOVHRE D 06-STOLe0= OVED O7.EVIDEN CE DSAAPEKEENNO *,WON I0=0AMAOS N4000R 910UAN 94.AKn= 97.SSVALNUMSER 9LUAM 71.MODSL N. DCSC9VItOWCOIDR K.OUV C.U. IMCUNTYP IOI.VAIJIE ? oa Y TOTAL TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT Nsu at 1=16W Cue Nu Pge`at DOMS 02-399582 vkft (" Ph M. Ain SURIMLD, SAMANTHA E. On 21 Dec 02 at approximately 0020 hours while assigned to Unit 34011 responded to the John Milton inn at 6578 Thompson Road in regards to a physical domestic dispute. Unit 3412, Officer W. Cirecco also responded. Upon arrival we were met in the lobby by the above listed victim, Samantha Surfield, her mother Cristlna Nieves (M), her sister Cassandra Surfield (OT) and her brother Alexander Nieves (OT). Mrs. Nieves was hysterical and stated that her husband, Angel Nieves (SU) had struck Samantha In the mouth with his fist and then left the hotel with their (3) three year old son, Blair Nieves (OT). She stated that her husband was intoxicated and that he left in a 1999 or 2000 Dodge Grand Caravan bearing an unknown Pennsylvania dcalcr plate (leer identified as 23470531, which was taken from the hotel registration card). Mrs. Nieves stated that they were in Dewitt to visit family for Christmas but that her husband would not go there and would most likely drive back to Pennsylvania. A point of information was immediately broadcast detailing the above information to all units In Onondaga County. The New York State Police and the Pennsylvania State Police were also notified. Checks of the area for the above vehicle, including aerial checks of Interstate 81 via the Onondaga County Sheriffs office helicopter, gave negative results. I then checked the injury to Samantha Surfleld and observed that she suffered an approximate (1/2) half-inch laceration to the inside of her upper lip that was bleeding. She stated that Angel Nieves, who is her stepfather, struck her in the mouth with a closed fist while he was having a physical dispute with her mother. She stated that besides punching her, her stepfather shoved Cassandra and she fell to the ground. Samantha stated that her stepfather struck her mother in the face several times and that at one point he missed her moths and struck Blair in the head. She stated that she was trying to get Blair away from her stepfather when he punched her in the mouth. I summoned an ambulance to the hotel to inspect Samantha's injuries and to medically clear Mrs. Nieves and Cassandra. The paramedics stated that Samantha would not require stitches and that Cassandra did not appear to be injured. Mrs. Nieves would not allow the paramedics to look at her but she did not appear to have any injuries from the altercation. At this point I attempted to Interview Mrs. Nieves and it became apparent that she was highly intoxicated. It was difficult to get any information from her, as she was hysterical. Samantha approached me and told me that she could provide all of the information that I needed. Samantha advised me that they had arrived at the hotel from Pennsylvania approximately (3) three hours before this incident. She stated that her mother and stepfather left the hotel a short time later to go to a bar and left her in charge of her three siblings. She stated that upon their return to the room approximately (2) two hours later, her mother and stepfather were intoxicated. Samantha stated that after a short time her mother went to bed in the adjoining bedroom and that her stepfather stayed In the main room and watched television with them. She stated that for some unknown reason her stepfather became angry and went into the adjoining bedroom and began yelling at her mother. She stated that she heard her mother say, "No, don't!" so she went into the bedmom to see what was occurring. Samantha stated that her stepfather was hitting her mother and that her mother was holding Blair. She stated that her stepfather missed her mother several times and struck Blair In the face and head. Samantha stated that her stepfather took Blair from her mother and that Blair was crying. Samantha stated that she attempted to take Blair from her stepfather so that he wouldn't get hit again and that her stepfather stated, "You're not taking my son", and he hit her In the mouth with a closed fist. Samantha stated that she felt severe pain in her mouth, felt dizzy and she could tell that she was bleeding. She stated that she went into the bathroom to spit out the blood that had collected In her mouth and then she went back into the main room. She stated that her stepfather punched her mother in the face and then ran out of the room with Blair. Samantha stated that she followed her stepfather down into the lobby to try and got Blair from him but she was unsuccessful. She stated that her stepfather got into the above listed vehicle and left with Blair. Samantha Savo a written statement, in the presence of her mother, regarding the above information. A statement could not be taken at this time from Mrs, Nieves due to her intoxication. WORM() 0mn^CIR'e SIGNAn= 711Ra1a ,JIS APP \0 V YnOR'1 igrWVn f»n? V^ ??0? AFFIRMS ER PENALTY OF PERJURY THIS Z2 DAY OF tX1 -+t4CL 20.L-- TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT N{wnarl"Idem DOMS ICm Nw I t{lae.L af? 02-399582 VLdm(Uu MN,Mn SURFIELD, SAMANTHA E. Mrs. Nieves stated that she only wanted her son back and did not desire prosecution for the dispute between herself and her husband (violation charge of harassment only). I advised her that I would be completing a case for endangering the welfare of a child and assault in the third degree for the injuries caused to Samantha I attempted to contact Mrs. Nieves' father, who resides in Manlius, but Mts. Nieves gave me the wrong telephone number and misspelled his last name. She stated that she did not want us to contact her family because it would cause her a lot of problems. She refused to elaborate on this issue. As I was unable to contact any family, I stayed with Mrs. Nieves and her children for over th= hours to ensure the children's safety. During this time Mrs, Nieves sobered to a point where I felt that she could be in control again, It should also be noted that Samantha is extremely mat= for her age. She remained very calm and appeared to have no problems caring for her siblings. She advised me that she has taken babysitting classes in Pennsylvania and that she regularly watches her siblings, as well as other children, It was the opinion of Lt. D. D'Arrigo and myself that Samantha was mature enough to and capable of watching her siblings. During the course of the investigation Samantha had provided me with a cell phone number for her stepfather. Lt. D'Arrigo called the number (717-576-7491) and left a message requesting Angel to contact him. Approximately (20) twenty minutes later Angel called Lt. D'Arrigo and stated that he was still in the Syracuse area. He refused to disclose his location and would not return to the hotel. He advised Lt. D'Arrigo that Blair was fine and that he was not Injured. A point of information was broadcast that Angel may still be in the area Area checks gave negative results. At approximately 0400 hours Angel again contacted Lt. D'Arrigo and advised that he was approximately one and one half-hours from Syracuse. After speaking to Lt. D'Arrigo he agreed to return to Dewitt to drop off Blair at the hotel. I contacted the NYSP in Binghamton and they advised that they did not believe that he had made It as far as Binghamton as they had been looking for his vehicle. As of 0700 hours, today's date, Angel had not returned to the John Milton Inn. As it was believed that he would return to the area, I completed a case for Endangering the welfare of a child and Assault in the third degree against Angel Nieves. 1 completed a warrant application for the charges and the Honorable Judge D. Gideon signed the arrest warrant. The warrant was entered into NYSPIN and CHAIRS shortly thereafter. A File 25 was sent with special attention to the NYSP and the Pennsylvania State Police. No further information. T01-MM="R AN E 1? A7PA aef SYymw lt AFFIRMED UND PENALTY OF PERJURY Tft15 Z DAY OF acrmerr. 20 z- TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT NuYO oRK Wal cW No. DOMS 02-399582 p'e'Lor_L Vluim (LuL Fw. MU SURFIELD, SAMANTHA E. On 06 Jan 03 I conducted a follow-up investigation into the above listed Incident. I contacted the NYS Child Abuse Hotline (1.800.635-1522) and spoke to a Randolph Lukas. 1 advised Mr. Lukas of this incident and, after conferring with his supervisors, Mr. Lukas stated that they were declining to register this Incident in New York State. He stated that because the family resides in Pennsylvania they would nor be able to investigate this incident. Mr. Lukas advised me to contact the Pennsylvania Child Abuse Hotline and report the incident to them. I contacted the Pennsylvania Child Abuse Hotline (717.783-8744) and spoke to a Desiree Reed. I advised tuts. Reed of this incident and she stated that they would not be able to Investigate this incident because it happened in New York State. She stated that they do not have authority in this incident and that New York State should take the registry. Ms. Reed took all of the information regarding this incident and stated that she would forward it to Cumberland County Youth Services, as this is the county that the family resides In. She stated that they would not be able to investigate this incident, but that they might check on the welfare of the children. She advised me to contact Cumberland County Youth Services (717-240.6120) to see if they wanted the reports regarding this incident, I was unable to contact Cumberland County as their office operates during normal business hours (0900.1700). No further information. AFFIRMED UN1 M PENALTY OF PERJURY THIS o3 DAY OF 4W 13 n N'5 D88-2221 IFIRV. 1/83) REPORT OF SUSPECTED N0. LOCAL FIEOISTRY NO, CHILD ABUSE OR MALTREATMENT NEW YonK STATE DEPARTMENT OF 30CIAL SERVICES Timl - LOCAL CASE NO. LOCAL AGENCY Lin @11 children In household, adults responsible for household. and alleged paintintort. Co. stinhel •Ilthnlo BOen.or 11•letl n .' Check lQ (MI P. 0, Act Code a . Cad It Alleged I.M. First Name M.I. Aileen Less Name No Unk.1 Me. I Day I Y1. (. Over) M11pmetol .. 4 N H 1 L4 IOZ 12-1 101 N P ' H ? TEL=PHONE NO. t5-911 CTHli (GN, Line TE LGPHONE NO. TELEPHONE NO. b ' e "ALL" ll hild f orls). , line num AllePtd consequences or "idincd Of abuse or Intlimatmont - G Ive child(nn) . ren. tir c I a :ducetionel Neglect :mot,onal Neglect Lack a f Food, Clothing. Shelter -Malnutrition, F ailure to Thrive Lack of Superysion Excessive Corporal Punishment - Other, specify; Abandonment Include the nature end axtsnt of amch child's Injuries, abut, or rn Star* tmions fcr,,uwI.I.. .1trell. (it k nown, give time and data of elletiM incident): . any evidence of prior Injurift, abum or maltreatment to tha, child or his siblInc, and any msm ";dtn" Ds - I ?(AM) , Time 7-3T0 0TM1 PERSON MAKING TH12 nEPQBT SOURCE OF T1419 REPORT I FFERE ) F NAME NAME TELEPHONE No. _ AGENCY/INS TITUTION -I Jve C19oclalServices ?Pubiie.Hnelth C]MerneiHealth 0S<11001 SteH ?Otharlepocify) ? . ?. • :n :i u I :y+? • ' i?' i;V i ra.C={".? Y- u } i {' ::{•;?:?w ('. F _ ACt'IONS TwKCN OR O C7?t•dleOl Svam 7 U%•R ey 4 ?RrmovollKe:pIOE 8 ?NOt. Med, E}amJCOraMr ? ABOUT 70 Be TAKEN: t G_?Photoamphe 7 C?HOtPitaii:uUOn 6 ?Rannned HCm1 7 0Notlfied DA. 810NATURE OF PS R60NA hIq KIN07HIS R4PORT TITLE DATE SUBMITTCO MI Day oar. FORM 8.18 STATE OF NEW YORK TOWN OF DEWITT THE PEOPLE OF THE STATE OF NEW YORK PlalntlH VS. \\ Defendant f}nlb&c.. 2. /?IE?E.S C 3[tg?'fa) Request for Crlminal Summons Reason: COUNTY OF ONONDAGA Request for Arrest Warrant Reason: [`a -r keen A•ap. Arlo Cw-^ rJcc_?-v: "n• W Wks Celes,Jr l?rts IJo I ack_Ties to -t v%- Aaea A+•ro Is Arrwr eG PA 21 D^w0z Date Officer / Shiel I' . WAIMNT OF ARREST C.P.L. 120.10-120.90 FORM ti0. 18B ovr,uwwwuwezRCO. rcroa Br we. STATE OF NEW YORK : COUNTY OF ONONDAGA JUSTICE COURT TOWN OF DEWITT Warrant of R rest IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK To any Police Officer of the TOWN OF DEWITT POLICE DEPARTKUT Department, 5400 BOTTERROT DRM P.O. BOX 159, DEWITT. IN. Y. An Accusatory Instrument having been this day laid before this court, that the offense of EMAHGEuNG THE WELFARE OF A CHILD FL 260.10 SUR 1 ASSAULT IA THE THIRD DEGREE PL 120?00 SUB 1 has been committed, and accusing ANGEL NIEVES (DOB: 03-29-76) , defendant V011 are, H)crelare, LOMIllanbeb forthwith to arrest the above named DEFER OM, ANGEL RIMS, and bring h im before this court at 5400 Butternut Drive. DeWitt NY in the Town of DeWitt County of Onondap N Y Issued this .i7IS94 day May be executed in County of issuance or adjoining County. 120.70 VOLUNTARY AFFIDA• VIT STATE OF NEW YORK COUNTY OF ONONDAGA TOWN OF DeWITT I .ice^ CUp,J;Jgr,p- hoing duly sworn, state that I 8:11 _L- - years of agq? my date of birth is _-, _ I ar.+ my address is Arr (. Wild 1 Al 1.10!1-5 making this statUrent to T1i?tLK Al@nJ?'a•LS?___.?.___.__ •- Locat'ion: 1,S14-1i5;?Or`i Qa 4n?•?c_,??_ Time: ¢l SL`---- Date: LI f C0% _ __.. _._ ??r!!n•• •??/,?./J?cs?'f?lrbyf?l' Zl. Zctir.._li'l.._?ht?..?f?x"??L_J$71J?_A+/ ?t4Lm1G?r? ? _ _?J(j50r IS.L._.W_?JG-I+?CT+- ? ?4r?1t11'_ r 1. i i^ hi ?..?.J>.rc_ _?it.114.1..{?btF,3....Cta_/lfisl?2Jl?f?. ?alltsazf-_?x,aaltl_.lvlfit?S.._..IS?-LcLns-1?e,,_ _. ??AlLtJ c? TI rhH?_.a.'Lr-?wi-•.1A?+?u-i?--F'°'.r..?..r.s.s+./_..L_4?!S,'Qb-?AC?IJ<r_L?Y?Cew1'°a''?.... _?J,.. nl.._.r II•r,.54s.o. ?n?._?(b6,L.J1jSf.If.Eg-r-*"0-=5?--?A -•-• .illr?s.?_i_?1?'r-?ax?--play-?: __ l?v?..f?.?r_>??ar__ ?,1??.,,?,e ? _.__ Accordingly and with 11,7ticr :.:f tilt: fct'ecgoino statynm,tB 0f dlact s cwr: _L day of Witness: P•o??G.«-? I have •+ -- :a;S .nra stn tom!mt rc d rr. ,, w?:.. .. i.nngi9t9 0f _7r_ paga(S) And, thr_ -:ar.'!.:S l-Cn i,q; ?!!?A kF!2r?+;. .o:•F: ?. vrr .+r,.r coorect to thti best o- my kno?w'.sagc. False atatQirentg made in the. -Fovv,]o.,:r, inGtr•umnnL ar-e =+: %L?:1r d•=. ': .. Class A misdenpanur- nur-.urn'a t•:: 2r. Lion ,...C,,aG cf :!hp b'rn>1 Fame -1- 0f _,L__-_ p•nges. fort.•':_ •::;n. harttlcv ?.frir.:: <,,..-<. ..., tf?. :: 1•!'4 r• j••bnTl ::: n=•t 1;r11 Yli 4.1 C rmu lanan _S lIbncr•7brad r•1l STATE OF 1-JEW YORK ) COUNTY OF ONONDAGA ) TOWN OF DeWITT > VOLUNTARY AFFIDAVIT -GI-L_ld?S - acefif+Jta_'ua... L__lul'_Ld7n?[a ..vial c_ecla--<r o? nt__ _ t. _'?ltuLlt?3? _(,e_Pur .L_E'e rc?acr__fiE_?ss e -t?Ck,1Jrr ler -- _aal.__Cae,_._,8><ra___l.?r__ta1,u#-_.?iiMa____ I have (had this: statement read to mer "w+hich consists of _2? page(s) and the facts contained therrein are true and correct to the best of my knowledge. False statements, made in the forayoiny instrument are punishable as a Clann A misdemeanor pursuant to section 210.43 of the PanaI Law. Accordingly and with notice o'F the for•caoing, I hereby affirm that the for•egoins Statam nt of facts are true, under penalty of per•JUr•y, t is day of _Qta , 7?- . , Q) - - -, C_-, r" .?? - - _ ?? iumcia.cnanc Wi tneess: 9 ber_r•ibed and sworn tc before me this day of Witnessr --- ?y Notary Public Page ?- 04 _,_Z -_• pages. ` -- - ---- ._..?.ctf1L-It7r? .1f1Ktf?._._?.-..?fGCfftA_131r_SJ?_l?cr Rr,y}{B f ,?L?F,4 t?+Ka] -„ LANI' OFFICES OF PETER.I. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Iiill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff v. CHRISTINA NIEVES & ANGEL NIEVES, JR., Defendants Counsel for Plaintiff IN THE COURT OF COMNION PLEAS CUNIBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTION - LAW CUSTODY EDGAR B. BAYLEY, JUDGE PETITION FOR MODIFICATION OF CI ISTODY AND NOW, conics the Plaintiff, CATHERINE J. BABNER, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Modification of Custody: 1. The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: N Precrnt Recirience DOR Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves 822 Hunmicl Avenue Feb. 21, 2002 Lemoyne, PA 17403 4. Blair M. Nicvcs was born out of wedlock. ?rl „ ;;1 5. The children are presently in the custody of Defendants, who reside at, 822 Flununcl Avenuc, Lcmoync, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Plaintiff Catherine Babner Address Unknown 159 N. Locust Point Rcl. Mechanicsburg, PA 17050 Duration Birth - August 1999 (Blair) August 1999 - May 2001 (Blair) Dcfendant Christina Nieves 822 Hummel Avenuc May 2001 - Present (Blair and Lcmoync, PA 17043 Alexander) 7. 'file mother of the children is Defendant, currently residing at a last known address of 822 llununel Avenue, Lemoyne, Pennsylvania 17043. The mother is married. S. The father of the children is Dcfendant, currently residing at last known address of 822 1-lununcl Avenue, Lcmo}gic, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently residcs with the following persons: Namc Dave Babncr Alyssa Babncr Aaron Babncr Bryan Babncr Joe Babncr Sarah Babncr Relationship Husband Daughter Son Son Son Daughter 10. The relationship of defenclanl, Christina Nieves, to the children is that of mother. The defendant currently residcs will, the following persons: Name Relationship Angel Nieves, Jr. Flusband Blair Nieves Soil Alexander Nieves Son Samantha Surficld Daughter Calandra Surficld Daughter F F q Y Malt (last name unknown) Pricnd H. The relationship of defendant, Angel Nicvcs, Jr., to the children is that of farther. 'file defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surficld Casandra Surficld Malt (last name unknown) Relationship Wife Son Son Stepdaughter Stepdaughter Friend of Wife's 12. Thcrc was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 13. There is an existing Order of Court entered in the above action number on May 14, 2001. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by placing legal and primary physical cuslodyofthe children with Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law Offices of Peter J. Russo, P.C. -fie By: Scott A. Stein Date: Attorney for Plaintiff CATHERINE J. BABNER, IN THE COURT Or COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 11. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES,JR., CUS'T'ODY Defendants VERIFICATION 1, Catherine J. Babner, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Seeking Custody of the Minor Child are tnic and correct to the best of my knowledge, infonnation, and belief and are made subject to the penalties of IS Pa.C.S. §4904 relating to unswom falsification to authorities. Dale: ,1 1.Y 1Ui21 LL;p" - jV 0'-, Catherine J. Babner LAW OFFICES OF PE'T'ER J. RUSSO, P.C. Counsel for Plaintiff PETER J. RUSSO, ESQUIRE PA Supremc Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: S 1735 3S00 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE .1. BABNER, IN THE COURT OF CONINION ]'LEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LANV ANGEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY,JUDGE CERTIFICATE OF SERVICE 1, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 522 Hummel Avenue Lemoyne, PA 17043 Dale: Scott A. Stein JAN 3 1 2003 P CATUERINE.I. BABNER, IN THE COURT OFCOMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 -6716 CI IRISTINANIEVES& CIVIL ACTION-LAW ANCEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY ORDER OF C01 IRT AND NOW, this clay of February 2003, upon consideration of the attached Petition for Emergency Relief Seeking tModification of Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED. Petitioner is awarded temporary physical custody of the minor children, Blair M. Nieves, born March 22, 1999 and Alexander S. Nieves, born Pebmary 21, 2002, until further Order of Court. Neither party shall remove the child from this Court's Jurisdiction wail further Order of this Court. Either party may rcqucsl a full hearing on the issues set forth in Petitioner's Requcst for Emergency Relief. BY THE COURT, Judge LAN OFFICES OF PETER.1. RUSSO, P.C. Counsel for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court 1D: 72897 SCOTT A. STEIN, ESQUIRE. PA Supreme Court ID: 81738 3800 Markel Street Camp I-fill, PA 17011 (717) 591-1755 CATHE11INE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 n CHRISTINA NIEVES & CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants PETITION FOR EMERGENCY REI,IEE SEEKING MODIFICATION OECUSTODV OETHE MINOR CHILD r'- AND NOW, COMES, the Plaintiff, Catherine J. Babner, by and through Law Offices of Petcr J. Russo, P.C., and respectfully submits the following ill Support of Plaintiffs Petition for Emergency Relief Seeking Modification of Custody: 1. The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CFIRIS"TINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiffscckscuslodyoftile Following children: Nam Pi•rcnnt R skim re I= Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves 822 Hummel Avenue Feb. 21, 2002 Lemoyne, PA 17043 4. Blair M. Nieves was bons out of wedlock. 5. The children arc presently in the custody of Defendants, who reside at, 822 HnnlnlCI Avenue, LemoNic, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Duration Defendant Christina Nieves Unknown Bibb -August 1999 (Blair) Plaintiff Catherine Babncr 159 N. Locust Point Rd. August 1999 - Mechanicsburg, PA 17050 May2001 (Blair) Defendant Christina Nieves 822 Hummel Avenue May 2001 - Present (Blair and Lemoyne, PA 17043 Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of 822 Hummel Avenue, Lanoync, Pennsylvania 17043. The mother is married. 8. The father of the children is Defendant, currently residing at last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Dave Babncr Alyssa Babner Aaron Babner Bryan Babncr Joe Babner Sarah Babner Relationship Husband Daughter Son Son Son Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angel Nieves, Jr. Husband Blair Nieves Son Alexander Nieves Son Sannantha Surfield Daughter Casandra SUrfield Daughter Malt (last name unknown) Friend 11. The relationship of defendant, Angel Nieves, Jr., to the children is that of further. The defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surfield Casandra SwTield Matt (last name unknown) Relationship Wife Son Son Stepdaughter Stepdaughter Friend of Wife's 12. Plaintiff has simultaneously filed a complaint for custody that is attached hereto as Exhibit B. 13. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 14. There is an existing Order of Court filed to the above action number and entered on May 14, 2001. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. On or about December 21, 2002, Police in Dewitt, New York were summoned to a hotel room occupied by both Defendants and their children. 17. A copy of the police report in this incident is attached hereto as Exhibit A IS. The nature of the call was for a physical domestic dispute. 19. Upon i nvestigating the incident, it was detemuincd that the family had arrived in New York to visit family for Christmas. 20. Shortly after a rival, the Defendants left the room, leaving the oldest child in charge of supervising the children, and went to a bar. 21. Around midnight, the Defendants returned intoxicated and Christina Nieves went to the bcdroom and Angel Nieves, Jr. stayed in the front room watching television with the children. 22. According to Samantha, Angel Nieves began yelling at Christina Nieves in the bcdroom. 23. When Samantha went into the room, she observed Blair Nieves in her mother's arms and Ange! holding her mother by her hair and punching her in the face. 24. During the course of punching Christina Nieves, Angel would miss and punch Blair in the head. 25. Samantha then attempted to intercede and get Blair away from the situation and was punched in the mouth by her stepfather. 26. Angel Nieves then proceeded to flee the room with Blair Nieves in his arms and get into their vehicle and drive away. 27. According to the police report, Angel Nieves was intoxicated at the time and mother, who was similarly intoxicated refused to press charges in the incident for the assault on her. 28. Plaintiff has had custody of the child, Blair Nieves in the past while the Defendants were incarcerated. 29. Plaintiff is concerned that the children may be physically harmed if they remain in the hone. 30. Defendants are without local counsel, therefore, Plaintiff was unable to serve or provide notice on this Petition. WHEREFORE, Defendant requests this Honorable Court to order that physical custody of the minor children be placed with Plaintiff pending further hearing on this matter. Respectfully submitted, Law Offices of Peter J. Russo, P.C. By: Scoll A. Stein Attomey for Plaintiff Dale: / 03 CATHERINE J. BABNER, IN TILE COURT Of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES, JR., CUSTODY Defendants VERIRIC'ATION 1, Catherine J. Babncr, hereby swear and affinu that the facts in the forgoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief and arc made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dale: Catherine J. 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DR NUMBER, 02-399582 INVOLVBO EEJ40.N TYr1 W-W1.PLAINA111' wI.WITNISS 111.rm01oN RSoiaum .S.TY96 XN.CLW,SM IA.TIM) a.WTsaa TNU =XX[)HAJIM PO NIEVES. CRISTINA L. 822 HUMMEL AVB. 41.CRY,5TA7R77P LEMOYNE. PA 17043 A. rNOf01 717-975-9474 nAfII 34 _-_ is.= F -_- SUAm W OT SURFIELD, CASSANDRA S. 822 HUMMEL AVE, LEMOYNE, PA 17043 717-975-9474 09 F W OT NIEVES. BWR M. 822 HUMMEL AVE. LEMOYNE, PA 17043 717-975.9474 03 M W Q OT NIEVES. ALEXANDER S. 822 HUMMEL AVE. LEMOYNE, PA 17043 717-97$.9474 Ol M W VPJUCLE 09.DAM CDDB 91-LOST ObPOUND 04.61 OS.RPCOVERID AGE 104901.401111"m II.LMPOUND® I7.TOWED 11=ASP 006r0LUREC0VEH9D 07_SAESSS0P9R1 ObARSON MMS® N.OSSERVED IS-ASONDONED 00 O7 71.CODE 72 PIATEI 71. STATE 74. h7CP 14 23470531 PA - 7S.TYPE DLR 76. MPPLATE 77. VEHICLE M NUMBER ? YES 0 NO UNK 7RYEAR 1999 79.111ANE DODGE Be. MODEL is. SIYDS CARAVAN VAN 112. COLOR SI. V. VALUE ($0.00) N. NO. OF OCCUPANTS 2 SS.WEAPONSINVEHICL6 UNK VEHICLE000E nIdD.TT 09-DAMAGE INUSEDINCRISI 16. 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TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT i Nm". orlnc Wni hu Na PKe ? of DOMS 02-399582 vtwm ct?m Ph*, X10 SURFMLD, SAMANTHA E. On 21 Dec 02 at approximately 0020 hours while assigned to Unit 34011 responded to the John Nfilton Ina at 6578 Thompson Road in regards to a physical domestic disputes. Unit 3412, Officer W. Grecco also responded. Upon arrival we were met in the lobby by the above listed victim, Samantha Sunleld, her mother Cristlna Nieves (PO), her sister Cassandra Surfield (OT) and her brother Alexander Nieves (OT). Mrs. Nieves was hysterical and stated that her husband, Angel Nieves (SU) had struck Samantha In the mouth with his fist and then left the hotel with their (3) three year old son, Blair Nieves (OT). She stated that her husband was intoxicated and that he left in a 1999 or 2000 Dodge Grand Caravan bearing an unknown Pennsylvania dealer plate (later identified as 23470531, which was taken from the hotel registration card). Mrs. Nieves stated that they were in Dewitt to visit family for Christmas but that her husband would not go there and would most likely drive back to Pennsylvania A point of information was immediately broadcast detailing the above information mall units In Onondaga County. The New York State Police and the Pennsylvania State Police were also notified. Checks of the area for the above vehicle, including aerial checks of Interstate 81 via the Onondaga County Sheriffs Office helicopter, gave negative results. I then checked the injury to Samantha Surfield and observed that she suffered an approximate (1/2) half-inch laceration to the inside of her upper lip that was bleeding, She stated that Angel Nieves, who is her stepfather, struck her In the mouth with a closed fiat while he was having a physical dispute with her mother. She stated that besides punching her, her stepfather shoved Cassandra and she fell to the ground. Samantha stated that her stepfather struck her mother in the face several times and that at one point he missed hor mother and struck Blair in the head. She stated that she was trying to get Blair away from her stepfather when he punched her in the mouth. I summoned an ambulance to the hotel to inspect Samantha's injuries and to medically clear Mrs, Nieves and Cassandra. The paramedics stated that Samantha would not require stitches and that Cassandra did not appear to be injured. hire. Nieves would not allow the paramedics to look at her but she did not appear to have any injuries from the altercation. At this point I attempted to Interview Mrs. Nieves and it became apparent that she was highly intoxicated. It was difficult to get any information from her, as she was hysterical. Samantha approached me and told me that she could provide all of the information that I needed. Samantha advised me that they had arrived at the hotel from Pennsylvania approximately (3) three hours before this incident. She stated that her mother and stepfather left the hotel a short time later to go to a bar and left her in charge of her three siblings. She stated that upon their return to the room approximately (2) two hours later, her mother and stepfather were Intoxicated. Samantha stated that after a short time her mother went to bed in the adjoining bedroom and that her stepfather stayed in the train room and watched television with them. She stated that for some unknown reason her stepfather became angry and went into the adjoining bedroom and began yelling at her mother. She stated that she heard her mother say, "No, don't!" so she went into the bedroom to see what was occurring. Samantha stated that her stepfather was hitting her mother and that her mother was holding Blair. She stated that her stepfather missed her mother several times and struck Blair in the face and head. Samantha stated that her stepfather took Blair from her mother and that Blair was crying. Samantha stated that she attempted to take Blair from her stepfather so that he wouldn't get hit again and that her stepfather stated, "You're not taking my son", and he hit her in the mouth with a closed fist. Samantha stated that she felt severe pain in her mouth, felt dizzy and she could tell that she was bleeding. She stated that she went Into the bathroom to spit out the blood that had collected in her mouth and then she went back into the main room. She stated that her stepfather punched her mother In the face and then ran out of the room with Blair. Samantha stated that she followed her stepfather down into the lobby to try and get Blair from him but she was unsuccessful. She stated that her stepfather got into the above listed vehicle and left with Blair. Samantha gave a written statement, in the presence of her mother, regarding the above Information. A statement could not be taken at this time from Mrs. Nieves due to her intoxication. mwo aom4tR n' -e - 'Jlf ?e ?e vtsa¢•r r?,r?, r &W IM= r7or AFFMME DER PENALTY OF PLRJURY THIS ZZ DAY OF bk.A, qA C , 20 C.L TOWN OF DEWITT POLICE DEPARTMENT orImId,m MI) SAMANTHA E. Psn tamer Mrs. Nieves stated that she only wanted her son back and did not desire prosecution for the dispute between band (violation charge of harassment only). I advised her that I would be completing a case for h d h us er herself an endangering the welfare of a child and assault in the third degree for the injuries caused to Samantha r1 ,Ir I attempted to contact Mrs. Nieves' father, who reside in Manlius, but Mts. Nieves gave me the wrong telephone he did not want us to contact her family because it would cause her d th t s a s number and misspelled his last name. She state a lot of problems. She refused to elaborate on this issue. As I was unable to contact any family, I stayed with Mrs. Nieves i nt and her children for over three hours to ensure the children's safety. During this time Mrs, Nieves sobered to a po where 1 felt that she could be In control again, It should also be noted that Samantha is extremely mature for her age. She remained very calm and appeared to that she has taken babysitting classes in Pennsylvania and that d d i me v se have no problems caring for her siblings. She a she regularly watches her siblings, as well as other children, It was the opinion of Lt. D. D'Arrigo and myself that Samantha was mature enough to and capable of watching her siblings. During the course of the investigation Samantha had provided tae with a cell phone number for her stepfather. Lt, e requesting Angel to contact him, Approximately (20) d left a messa 7491 g ) an D'Arrigo called the number (717-576. D'Arrigo and stated that he was still in the Syracuse area. He refused to disclose his d Lt l ll . e ca twenty minutes later Ange location and would not return to the hotel. He advised Lt. D'Arrigo that Blair was fine and that he was not injured. A point of information was broadcast that Angel may still be in the area. Area checks gave negative results. At approximately 0400 hours Angel again contacted Lt. D'Arrigo and advised that he was approximately one and o he agreed to return to Dewitt to drop off Blair at the hotel. D'Arri Lt ki g . ng to one half-hours from Syracuse. After spea I contacted the NYSP in Binghamton and they advised that they did not believe that he had made it as far as Binghamton as they had been looking for his vehicle. As of 0700 hours, today's date, Angel had not returned to the John Milton Inn. As it was believed that he would e of a child and Assault in the third degree against Angel lf h i e we ar ng t return to the area, I completed a case for Endanger Nieves. 1 completed a warrant application for the charges and the Honorable Judge D. Gideon signed the arrest warrant. The warrant was entered into NYSPIN and CHAIRS shortly thereafter, A File 25 was sent with special attention to the NYSP and the Pennsylvania State Police. No further information. PENALTY OF PERJURY THIS 2L DAY OF TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT Nttm of IMI&al -? Cta No. pa??Of? DOMS 02-399582 Vlafm(Lol Fw,h l) SURFMLD, SAMANTHA E. On 06 Jan 03 I conducted a follow-up investigation into the above listed Incident. I contacted the NYS Child Abuse Hotline (1-800.635-1522) and spoke to a Randolph Lukas. I advised Mr. Lukas of this incident and, after conferring with his supervisors, Mr. Lukas stated that they were declining to register this Incident in New York State. He stated that because the family resides in Pennsylvania they would not be able to investigate this incident. Mr. Lukas advised me to contact the Pennsylvania Child Abuse Hotline and report the incident to them. I contacted the Pennsylvania Child Abuse Hotline (717.783-8744) and spoke to a Desiree Reed. I advised Ms. Reed of this incident and she stated that they would not be able to Investigate this incident because it happened in New York State. She stated that they do not have authority in this incident and that New York State should take the registry. Ms. Reed took all of the information regarding this incident and stated that she would forward it to Cumberland County Youth Services, as this is the county that the family resides In. She stated that they would not be able to investigate this incident, but that they might check on the welfare of the children. She advised me to contact Cumberland County Youth Services (717-240.6120) to see if they wanted the reports regarding this incident. I was unable to contact Cumberland County as their office operates during normal business hours (0900-1700). No further information. 'iRYPOST1A0 aFF1CS0.Y YA1L'S` S SIaFlD Acina 03C F• Y 0.'S SI?w n SN1B:D 6=3 a6 r 7 0 o MED U R PENALTY OF PERJURY THIS o DAY OF 444 , 20 b AFFIR ?r a^ +ZTt l i D88.2221 (REV. 1/e71 • R M OYAL R?T.aKTG . . WY.t r, ED ? •- ' ' STATG RGOIETRV N0. LOCAL REa16TRY No, REPORT OF SUSPECT CHILD ABUSE OR MALTREATMENT TIM [? LOCAL CAGE NO. LO CAL AGE NCY DEPARTMENT PSOCIALSERV CE -•- .. . NIT YORK eTATG ., . [".•.Y... .. ,e itZ7:"'isfnJ.I:.r.P.P.yt..,,...® B EPORF,.• •'ra ,,..n; r•?y • n .... ;?,:;:t•:.:..r-'..: •. ae ':_: J .. ':.. . M. and adultmpanalbb for hourc ho aliepad pbpetratOra. hildren In household, ll i c a v P M airtnaau er Age nnnle Code 9usp. or Reiman. tn¢kl-0 If Allevad c n a L All"" , ( , Unk.l Ma. OvY Yr. OvMI Pnpmatof No! Lan Nome Pint Name M.I. 1 C'a s 5. F Yi lj)lq Z v M 03• Iu 1 N . ?f t ? S• 1-1 oL z l o f N M11f4.rE I 1 P ?. F S 03 L4 7I, N U I I ?MORe ? pA Lill ADDRESSES AND T uMO E Nub Efi qa: t I TELEPHONE NO. ? Q5^ q'f _1 w' * HOUSpHOLD TEL PHON9 NO. OTHERS (Give Line NO..) TELEPHONE NO. REVE 1. 2 a or maltrutmint•Give chlldlranl't line num6arld. if all ahlldnn,wrna'•ALL". f b a m Alleged consequence, orevldencs o Chlld't Orw/Alrongl Use Educttlonel Neploet DOAlFttality Drug Withdrawal Emotional Neglect Fractures Lack of Medical Con Lack of Food, Clothing. Shelter Subdural Hemnome, Internal 111194186 Malnutrition, Failure TO Thrlva W alts Sruien ration. 7- Lac Lack of Supervhlpn , , e 1 axual Abuse 9 Abandonment Sumo, SGldlnp specify: Other , EFCenrvr Corporal Punlehment give tim lif known l oa ' e and date of allegNl lncidentlt , tr l• , injuries, abuse or ma State reasons for tusoiclan. include the nature and extent of each child Day utmant to the child or his slbilnps and env eritlmp l ?IAMI lt mans, any a,loans@ of prior Inlurlw, abuse or mi lL 20 OZ Z 370 C31f'M) Time or suspicions of 'Parental' behavior contributing 10 the problem, WaGfeC ?o prt•'fAUFlA FG"^^ r. • •- . ^ SOURCE OF F R6 ? PE ON MAKIN13 THIS i T L PNON6 NO. NAM¦ TELEPHONE fIU. NAME S. 3 AO0 RE99 ADD gaaB 5400 p ,-trlcr? pe • AGENCY/INSTITUTION AOL NCY/INBT ITVT N RE MTIONSHIP PYrar RopnB.Y• xml aourcal ?Reletlve i pitalStaff [?LewEnforcorm, C]H (Mot Grisp m C..1Mad. Exal./Ceronaf ?Physifltn 09chool Stall QOth Hpeo11v) r,,. 1,111''pilmill I [.leftist Services ?Pubso Heslth LlMennl Health ! SPtr.( 2L1K•RaY 4QRemavel/Kae0ln9 B?Not. Mad. Eeam,1COruner ACTIONS TAKEN Oq 0??yt dlcel 11.4m 7 QHOrpitoiitatlon E QRelurnvd Homa 7 ?NotifiM OA. AOOUT TO BE TAKENI 1 ?Photoplephe . GATE 9USMITTF.O TITLE SIGNATURE OF Pa RGON MAKING THIS REPORT M Mo. Day t. Oi o? I o 4L .. D .. ^T6" I? 1.-.1'? . ?Ylf CUV.ItJ? fi( FORM 9.18 STATE OF NEW YORK TOWN OF DEWITT P THE PEOPLE OF THE STATE OF NEWYOR H VS. \\ Defendant ?nWEI. Q /?If?IES C 3?Lg?'It+) Request for Criminal Summons Reason: COUNTY OF ONONDAGA Request for Arrest Warrant 111 +ou+?1' ?ik "'a ?' ivvi ?. Ibc'acn• F-k A ItS Reason: 4 0_ t ate Zi a`A o - Officer! Shlel Dale WARRANT OF ARREST FORM N0.109 ewnwwfwuweooKCO. v;nan.m u,w C.P.G 120.10. 120.90 STATE OF NEW YORK : COUNTY OF ONONDAl1A JUSTICE COURT TOWA OF DMUTT Tarrant of Arrest IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK. To any Police Officer of the Tmz or DBWITT POLICE DEPARTKM Department, 5400 BDTTBFNOT DRrVE P.O. BOX 159, DBWITr. N. Y. An Accusatory Instrument having been this day laid before this court, that the offense of EMMGEMG TBg WS.LBARE OF A CMUM FL 260.10 SUB 1 ASSAULT IN THS TBIBD DBGYHB PL 120400 SUB 1 has been committed, and accusing ANQM NJUBS (DOB, 03-29-76) defendant thereof. &9OU are, tberefOre, tommanbeb forthwith to arrest the above named DBFBBDANT, "On NIMS. and bring h im before this court at 5400 Butternut Drive DeWitt, NY in the Town of DeWitt , County of OnondaSA • N. Y. Issued this S? --day May be executed in County of issuance or adjoining County. 120.70 VOLUNTARY AFFIDAVIT STATE OF IJEW YORK 1 COUNTY OF ONONDAGA 1 TOWN OF DeWITT > dying duly sworn, state that L am I•i,- year•c of a? gq , my date of birth 15 -- I ar^ own my address is t• a making this statteent Lo 2ys c Time: ¢= Date; yt c9!S Z _. t_Ot:ation: ...l.S.._l.F?-:d,Vd-.zA._ _. 1l?_B JJ..O? 1d?r?r_LS _er ..+.?Lccv,%\luUr._uu r!_ts_.(?.,...._._ ._?:AQd.ar T7,'rrr.H,-• a?__B?lr?l?•• 1 r:?t!+ cSy d.?? t?-(?Y-•i?.,)•r-..L_?1s_-?,??--1??--l?Bi?'.?.... _173 _.(KOallifsr-•'I i{- S'nr_ '?__?arFSt.r-ttplf.rif3T-- q_ an6,g ., n ,L. ... n ALi .. ?swri l9oTxh.P ??•LA?^? .-.... _.. .1?1.C?E5.....?-1?'1"--1??--•W'?J-.?tt: __/?[4Fs-?3AL_??0r ?-?- ?;? A.1,y??yy?_?ld?S_.5?1?/?i._/9,JO_?r?ScL• ,?7??•-??ttr_83.?.1?. i „_ --- .r.. Il__.?_ -CS.., tl /?. A.:trl 1r_?At/n__L-?i?cr_?-r? ?.1;?..?,C[, _..?l,?.ad{.ss_?ru_.ti€._16.r?...ls! ??c,?..:.Q,rc?,?_.+?,?a?n.• ?? ?' -.i._.7?eo ur__AMA-._ =Crn,?rn, I have .. a;E .nrn ,iosamtznt rc• t-: .. .'.. nnnsists of page(s) an*; ihr_ {•ar_,s cnn4,a.r4?•I correct to th-M burst o+ my 4:no!.:'.,.::Igc. ,_ •, False t;t.?tQim_nts made in t:hri -Fot•u•,u.., iijctr•umnmL ?r•r. ??: "•:. .+'r.::. •+ Tr t:iC't ?:. i.•, 4:i -.t S`.F. F'F"n.;l ._ C7.ag9 A misdemeanor nut•.:u.-n' t. r.; ? .. ,. ... Accordingly And with nol:jcn -;i Mir: Fort.?u:r,o; harrtl:y e.4rir::. • t•uEi. rarer. prr.nl n•:.. 1:1r'y', ior•egnino statc:mmnts 04 :l?ct.. rata: ' '?' ?-t daY of 'fir- •._` .. fnmo is 0.nant bn¢[rr S, r..n 1 5ut:acr•ibwd and .;. ... .. .. IJi tnees:l..•-. - -.- this aay oF•.•_,,,?__._._t.- p.o..•.n. -- Witnrassf ? - _.____..-__--_-- Mciar••. ?uhi. i..: F'aae ,? of _L._ purges. VQ UNTARY AFFIDAVIT STATE OF PJEW YORK ) COUNTY OF ONONDAGA ) TOWN OF DeWITT ) .?lIDt7_??S---y?cAlAffa-.v?i2....?_-f?.w?-?A4'Ji.s7.F?_?1'ti3$KQ1LL1?Cl0_y}i?iT Orrr 17?_, .w-7urr?_ ir-_9w--our.._.sr-_mi-S64_.ABI. Ja s-Ago:, _ 7 - ---?---. ?. _J?r?._Gl?Ges-.-'? : ?tR. f--?-• -6 -&49, r..??-,Pir_ /A _..? ? - jA?clL-?'_Ib-•?c?!-•-?_-?-?UCA-?'_"4lnAr?t_'G(11fs4?-?2Z1 ?'cn _._..__?bas?__-BCe..._f?rz.?4{?S,E3rrraJ?.err:?!-!??'•t?.1?s-.bl,?.?_llslra_L?3€? I have (had t-htu statement read to me) "Which consists of _k Page(s) and t):a facts ront•ained therrnin are true and correct to the best of my knowledge. False statements made in the for•eyoiny instrument are punishable as a C1aAR A misdemeanor Pl.rrsllallt to section 210.43 of the Penal Law- Accordingly and with notice of the foregoing, I hereby affirm that the foregoing _tatem nts.?of facts are true,, under penalty of perjury, ti is 7-1 day of n*-44 1'._Zg . n /? cV?MIO ?? ?' ? WitneBsf Witnessr u,Q_??__•?'"a'3"!r Complainant 3ibed and swain tc before me is _` day of Notary Public _..?__. Pages. Page Z_ 04 ?CMV.r ?• LAW OFFICES OF PETE,11 J. RUSSO, P.C. PEITER J. RUSSO, ESQUIRE PA Supreme Court ID: 72397 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: S 1735 3300 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff v. CHRISTINA NIEVES & ANGEL NIEVES, JR., Defendants Counsel for I'laiulil'f IN'1'I11s COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 1999 - 6716 CIV11, AC'T'ION - LAW CUS'T'ODY EDGAR If. BAYLEY,JUDGI. PETITION 1'OR NIODIFIC\'I'ION (H., CUS'I'ODV AND NOW, comes the Plaintiff, CATI IFItINE J. BABNER, by and Through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiff's PClilion for Modification of Custody: The Plaintiff is CA'I'IiEMNL"• .I. BABNCIt, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. 'mc Defendants arc CHRISTINA NiEVES and ANGEL NIEVES, JR., residing at last known address al 322 liummcl Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody ofthefollowingchildreu: Nam Ih•rc mLIl Neill •n • , Ilan 131air M. Nieves 822 liummcl Avcnuc Mar. 22, 1999 Lcmoync, PA 17013 Alexander S. Nieves 322 1lmmncl Avenue Fcb. 21, 2002 1_cntoyne, PA 17403 4. Blair M. Nieves was burn out of wedlock. 5. The children are presently in the custody of Defendants, who reside at, 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 6. During the past five years, the children have resided with the following pcrsons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - August 1999 (Blair) Plaintiff Cathcrinc Babncr Defcndannl Christina Nieves 159 N. Locust Point Rd. Mechanicsburg, PA 17050 822 Hummel Avenue Lemoyne, PA 17043 August 1999 - May 2001 (Blair) May 2001 - Present (Blair and Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of 822 Hummel Avenuc, Lcmoync, Pennsylvania 17043. The mother is married. 8. The father of the children is Defendant, currently residing at last known address of 822 Hummel Avcnuc, Lemoync, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babncr Son Bryan Babilcr Soil Joe Babncr Son Sarah Babncr Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Namc Relationship Angel Nieves, Jr. I lusband Blair Nieves Son Alexander Nieves Son Samantha Surfield Daughter Casandra Surficld Daughter Malt (last namc unknown) friend 11. The relationship of defendanl, Angel Nieves, Jr., to the children is That of father. Tic defendant currently resides with the lihllowing persons: Name Itelallonshlp Christina Nieves Zvilc Blair Nieves Son Alexander Nieves Son Samantha Sta- ield Slcpdnughler Casandra Surfacld Slepdaughler Matt (last namc unknown) friend of Wife's 12. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999.6716 in the Court ofComnum Pleas of Cumberland County. 13. There is an existing Order of ('om1 entered in Ilac above action number on May 14, 2001. 14. Plainliff does not know of a person not a purly to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfine of the children will be served by placing Icgal and primary physical custody of' [lie children with Plaintiff. 11'lIEREIFORP:, Plaintiff requests this Ilonorablc Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law Offices of Peter J. Russo, P.C .,Ir -- By: Scott A. Stein Dale: //d Allomcy for Plaintiff 7/0.i CATHERINE J. BABNER, IN TuE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES, JR., CUSTODY Defendants VERIFICATION 1, Catherine J. Babner, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Seeking Custody of the Minor Child are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Datc: 2 . 2Y ?Ut2i C?z;lJa.- fk Catherine J. Babner LAN OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaiuliff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Suprcmc Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE.1. BABNER, IN THE COURT OF COINIMON PLEAS Plaiuliff CUNIBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY,.IUDGE CERTIFICATE OF SERVICE 1, Scott A. Stein, hereby certiry that I am on this day serving a copy or the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 822 Hummel Avenue Lemoyne, PA 17043 Scott A. Stein Date: ?? LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff PETER J. RUSSO, ESQUIRE PA Suprcmc Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Suprcmc Court ID: 81738 3800 Markel Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY, JUDGE CERTIFICATE OF SERVICE 1, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 822 Hummel AVCnnC Lemoyne, PA 17043 Date: 31 c Scott A. stein JAN 3 1 2003' CATIiERINEJ.BABNER, INTHE000RTOFCOMMONPLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY ORDER OF COI fRT AND NOW, this day of February 2003, upon consideration of the attached Petition for Emergcncy Relief Socking Modification of Custody of the Minor Child, Petitioner's requested relief is hereby GRANTED. Petitioner is awarded temporary physical custody of the minor children, Blair M. Nieves, born March 22, 1999 and Alexander S. Nieves, born February 21, 2002, a ntil further Order of Court. Neither party shall remove the child from this Court's Jurisdiction until further Order of this Court. Either party may request a fill hearing on the issues set forth in Petitioner's Request for Emergency Relief. BY THE COURT, Judge LAZY OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. S'T'EIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE.I. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants PETITION FOR EMERGENCY RELIEF SEEKING NIODTFICATION OF CUSTODY OFTHE MINOR CHILD AND NOW, COMES, the Plaintiff, Catherine J. Babner, by and through Law Offices of Peter J. Russo, P.C., and respectfully s ubmits the following i n support of Plainlifl's Petition for Emergency Relicf Seeking Modification of Custody: 1. The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants are CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: Nance Present Residence D01 Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves 822 Hummel Avenue Feb. 21, 2002 Lemoyne, PA 17043 4. Blair M. Nieves was born out of wedlock. 5. The children are presently in the custody of Defendants, who reside at, S22 Hummel Avenue, Lemoyne, Pwulsydvmlia 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Defendant Christina Nieves Unknown Duration Birth - August 1999 (Blair) PlaintiffCathcrine Babncr 159 N. Locust Point Rd. August 1999- Mechanicsburg, PA 17050 May 2001 (Blair) Defendant Christina Nieves 822 Hummel Avenue May 2001 - Present (Blair and Lemoyne, PA 17043 Alexander) 7. The mother of the children is Defcndant, currently residing at a last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The mother is married. S. The father of the children is Defcndant, currently residing at last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff Currently resides with the following persons: Name Relationship Dave Babncr Husband Alyssa Babncr Daughter Aaron Babncr Son Bryan Babrier Soil Joe Babner Soil Sarah Babncr Daughler 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angcl Nieves, Jr. Husband Blair Nieves Son Alexander Nieves 5011 Samantha Surficld Daughter Casandra Surfield Daughter Matt (last nante unknown) Friend 11. The relationship of defendant, Angel Nieves, Jr., to the children is that of father. The defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surficld Casandra Surfield Matt (last name unknown) Relationship Wife Son Son Stepdaughter Stepdaughter Friend of wife's 12. Plaintiff has simultaneously filed a complaint for custody that is attached hereto as Exhibit B. 13. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Picas of Cumberland County. 14. There is an existing Order of Court filed to the above action number and entered on May 14, 2001. 15. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. On or about December 21, 2002, Police in Dewitt, New York were summoned to a hotel room occupied by both Defendants and their children. 17. A copy of the police report in this incident is attached hereto as Exhibit A 18. The nature of the call was for a physical domestic dispute. 19. Upon i nvcstigating the incident, it was detemnined that the family had arrived in New York to visit funily for Christmas. 20. Shortly after arrival, the Defendants left the room, leaving the oldest child in charge of supervising the children, and went to a bar. 21. Around midnight, the Defendants returned intoxicated and Christina Nieves went to the bedroom and Angel Nieves, Jr. stayed in the front room watching television with the children. 22. According to Samantha, Angel Nieves began yelling at Christina Nieves in the bedroom. 23. When Samantha went into the room, she observed Blair Nieves in her mother's arms and Angel holding her mother by her hair and punching her in the face. 24. During the course of punching Christina Nieves, Angel would miss and punch Blair in the head. 25. Samantha then attempted to intercede and get Blair away from the situation and was punched in the mouth by her stepfather. 26. Angcl Nieves then proceeded to flee the room with Blair Nievcs in his amts and get into their vehicle and drive away. 27. According to the police report, Angel Nieves was intoxicated at the time and mother, who was similarly intoxicated refused to press charges in the incident for the assault on her. 23. Plaintiff has had custody of the child, Blair Nieves in the past while the Defendants were incarcerated. 29. Plaintiff is concerned that the children may be physically harmed if they remain in the ]ionic. 30. Defendants are without local counsel, therefore, Plaintiff was unable to serve or provide notice on this petition. NEH?RE?FORE;, Defendant requests this Honorable Churl to order that physical custody of the minor children be placed with Plaintiff pending further hcaring on this matter. Respect fully submitted, Law Offices of Peter.l. Russo, P.C. By: Scott A. Stein Attorney for Plaintiff Datc: / 03 CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL, NIEVES, JR., CUSTODY Defendants VFRIT_ ?ICN 1, Catherine J. Balmier, hereby swear and affinn that the facts in the forgoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswor falsification to authorities. ??r Date: Catherine J. Bab' T Ymae Capy• PPA y•Vidm y CanaryCUpy•OWS GolO(Ved CaPy•Kdin ]T21.OO970C]3 CcDydgPt OIOS60y HY9 OMacn,ada Jlwepe8mfoea T AMCI 9 Dal ?Hyon'llEB?U?gp?pp RT ? I .INYPO) iyydevill NO, tl. of Rap04 0/ C.A.-I mpTr. bwRY NY o3363aD U??111 OAB11 02• T. meaRapon Tyne Repon ow.afOosv aoaa Add enaaew aae Apt No. twav Of Z 2, ozw IZ Zo nz zx I W rr, t4 Can VII10 Y Lad Nl R% Fhal, MJ. Addreee Sax T4A, L A? loA (7003 r- DowofSkm e e ' Raa YMU BNtlt O*w B k G N ? U d ? HN ( halm AAlm UrA pan : ?'1NervH Da e r rawn S ?Dot Pally Um NRra, Fkxt, M.I. Y 3= Addmu P Sex lwa "v Q. 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LEMOYNE, PA 17043 717.975.9474 01 M W 4 VEHICLE 09-DAMA MDR DI-]A51' ObPWND OWT01SN 0-ABCOVAM DDa1TOLDAECOVEABD E?.VERa®WO GE ID-USED IN CKHME H-04POUNDED 12.MWED MRAI0.11aim I4C83ERVim H-ABONO 07,.WON ONED 00 U7 71. CODE 14 71 PLATEP 73. STATE 23470531 PA 74. BXP 75. TYPE xIPPLATE 77. VIDDCLH ID NUMBER DLR O Y89 ®NO UNK 711, YEAR 1999 79. MAU DODGE 10. MODEL 61.17YL13 CARAVAN VAN 91 COLOR SB, U. VALUE 94. NC). OF OCCUPAKM ($0.00) 2 13.WPAPONSINVEHICLE 96. SPEC VIOL rBATURE3 UNK PA DLR PLATE 97. TOW® O YES ®no ILTO/EY 69. RELeA9BD a YES ? ND 96VCiC CFBK I YES ® NO 91.9COPP CHECK o POS ® NEO VEHICIE000E DH.LDST DLFOUND ON-9TOm W-RECUVERED O9$OL&aECOVRKRI ENAFEKBBPINO OB.ARSON 09-DAMAGE lo•OSED IN CAME IIwmPOUNDEI 17.TOWED H.IIIPOSSES9PO Nzoamvico 13.ABONDONED 71. CODE 71 PUTS/ ".STAR 74.6XP 7S. TYPE 7.V@IICL8ID NUMBER Ici 76.1MPPLI27 T87 o 7L YEAR 79. MAKE 80. MODEL 91. STYLE R COLOR 1). VALUE 94. NO. Of OCCUPANTS 9S. WEAPONSIN VEHICLE 96. SPEC VEH FEATURES MDR 01-LOST 9 POUND D65MLEN W-RECOVER PI.CDDR 91OUAN 91.AfMCL8 01.311IALNUMINIA 81TOWED 88.T0/BY 99.RP1EASw90.NCICCHK 91.SCOPPCHMK ?YES ONO 0 YR9 ONO 17 YES ?NO ?P09 ?NEO ED O64TOIFWRRECOVED 07-EVIDENCE O I,EKFENNO Op.AR90N 10_DAMAOE w.MAKK >h. MDDBL w.OCSCUE00WCCLOR P9.9UN CAL IMCUNTYP 101,YA E M TOTAL ! rnnklw„N(I Mn:n nicpu' [a,n C[:uA N?nfNklrorlV,6y.Iln5rtfg7l dNPPam 4w,Slyly,yp. M1,y '%'/'?J{A../ APPIRMEDUNDE1FINALn OFI UI/1?r,? ?S `/ ?` /l •ll h e.! HL oIPm D.D. L A? 7N[ +? m 7?-+ Ha A)"m c (/w+ e( of TOWN OF DEWITT POLICE DEPARTMENT SUPPLEMENT REPORT N]wmoflrcWm C] Na DOMS 02-399582 F]?eLOf? vw,E tn.+n nM, Mn SURFIELD, SAMANTHA E. On 21 Dec 02 at approximately 0020 hours while assigned to Unit 34011 responded to the John Milton Inn at 6578 Thompson Road in regards to a physical domestic dispute. Unit 3412, Officer W. Grecoo also responded. Upon arrival we were met in the lobby by the above listed victim, Samantha Suffield, her mother Crisdna Nieves (PG), her sister Cassandra Suffield (OT) and her brother Alexander Nieves (OT). Mrs. Nieves was hysterical and stated that her husband, Angel Nieves (SU) had struck Samantha In the mouth with his fist and then left the hotel with their (3) three year old son, Blair Nieves (OT). She stated that her husband was intoxicated and that he left in a 1999 or 2000 Dodge Grand Caravan bearing an unknown Pennsylvania dealer plate (later identified as 23470531, which was taken from the hotel registration card). Mrs. Nieves stated that they were in Dewitt to visit family for Christmas but that her husband would not go there and would most likely drive back to Pennsylvania. A point of information was immediately broadcast detailing the above information to all units In Onondaga County. The New York State Police and the Pennsylvania State Police were also notified. Checks of the area for the above vehicle, including aerial checks of Interstate 81 via the Onondaga County Sheriffs Office helicopter, gave negative results. I then checked the injury to Samantha Surfleld and observed that she suffered an approximate (1/2) half-inch laceration to the inside of her upper lip that was bleeding. She stated that Angel Nieves, who is her stepfather, struck her in the mouth with a closed fist while he was having a physical dispute with her mother. She stated that besides punching her, her stepfather shoved Cassandra and she fell to the ground. Samantha stated that her stepfather struck her mother in the face several times and that at one point he missed her mother and struck Blair in the head. She stated that she was trying to get Blair away from her stepfather when he punched her in the mouth. I summoned an ambulance to the hotel to inspect Samantha's injuries and to medically clear Mrs. Nieves and Cassandra. The paramedics stated that Samantha would not require stitches and that Cassandra did not appear to be injured. Mrs. Nieves would not allow the paramedics to look at her but she did not appear to have any injuries from the altercation. At this point I attempted to Interview Mrs. Nieves and it became apparent that she was highly intoxicated. It was difficult to get any information from her, as she was hysterical. Samantha approached me and told me that she could provide all of the information that I needed. Samantha advised me that they had arrived at the hotel from Pennsylvania approximately (3) three hours before this incident. She stated that her mother and stepfather left the hotel a short time later to go to a bar and left her in charge of her three siblings. She stated that upon their return to the room approximately (2) two hours later, her mother and stepfather were intoxicated. Samantha stated that after a short time her mother went to bed in the adjoining bedroom and that her stepfather stayed in the main room and watched television with them, She stated that for some unknown reason her stepfather became angry and went into the adjoining bedroom and began yelling at her mother. She stated that she heard her mother say, "No, don't!" so she went Into the bMmom to see what was occurring. Samantha stated that her stepfather was hitting her mother and that her mother was holding Blair. She stated that her stepfather missed her mother several times and struck Blair In the face and head. Samantha stated that her stepfather took Blair from her mother and that Blair was crying. Samantha stated that she attempted to take Blair from her stepfather so that he wouldn't get hit again and that her stepfather stated, "You're not taking my son", and he hit her in the mouth with a closed fist. Samantha stated that she felt severe pain in her mouth, felt dizzy and she could tell that she was bleeding. She stated that she went Into the bathroom to spit out the blood that had collected in her mouth and then she went back into the main room. She stated that her stepfather punched her mother In the face and then ran out of the room with Blair. Samantha stated that she followed her stepfather down into the lobby to try and get Blair from him but she was unsuccessful. She stated that her stepfather got into the above listed vehicle and left with Blair. Samantha gave a written statement, in the presence of her mother, regarding the above information. A statement could not be taken at this time from Mrs. Nieves due to her intoxication. AEPWe om£Ex'»IGNATURE 1 N¢]D S ?iS AP1 \G t Vf9G]'!]?MVn 1 ^ our ??? AFMME ER PENALTY OF PERJURY TFUS ZZ DAY OF bf-L -i6e c , 201j=-_ TOWN OF DEWITT POLICE DEPARTMENT Paso _0 SAMANTHA E. Mrs. Nieves stated that she only wanted her son back and did not desire prosecution for the dispute between herself and her husband (violation charge of harassment only). I advised her that I would be completing a case for endangering the welfare of a child and assault in the third degree for the injuries caused to Samantha. attem number and misspelled histlast name. She stateed th that she did no want us to contract her family gave because it would nlephone her a lot of problems. She refused to elaborate on this issue. As I was unable to contact any family, I stayed with Mrs. Nieves and her children for over three hours to ensure the children's safety. During this time Mrs, Nieves sobered to a point where I felt that she could be in control again, It should also be noted that Samantha is extremely mature for her age. She remained very calm and appeared to have no problems caring for her siblings. She advised the that she has taken babysitting classes in Pennsylvania and that she regularly watches her siblings, as well as other children, It was the opinion of Lt. D. D'Arrigo and myself that Samantha was mature enough to and capable of watching her siblings. During the course of the investigation Samantha had provided me with a cell phone number for her stepfather. Lt. twenty minutes later Angel called Lt. D' l Arrigo and tated that he was still in the Syto contact racuse area m Hp e to disclose his location and would not return to the hotel. He advised Lt. D'Arrigo that Blair was fine and that he was not injured. A point of information was broadcast that Angel may shill be in the area Area checks gave negative results. At approximately 0400 hours Angel again contacted Lt. D'Arrigo and advised that he was approximately one and one half-hours from Syracuse. After speaking to Lt. D'Arrigo he agreed to return to Dewitt to drop off Blair at the hotel. I contacted the NYSP in Binghamton and they advised that they did not believe that he had made It as far as Binghamton as they had been looking for his vehicle. As of 0700 hours, today's date, Angel had not returned to the John Milton Inn. As it was believed that he would return to the area, I completed a case for Endangering the welfare of a child and Assault in the third degree against Angel Nieves. I completed a warrant application for the charges and the Honorable Judge D. Gideon signed the arrest warrant. The warrant was entered into NYSPIN and CHAIRS shortly thereafter. A File 25 was sent with special attention to the NYSP and the Pennsylvania State Police. No further information. PENALTY OF PERJURY THIS tk DAy K'. TOWN OF DEWITT POLICE DEPARTMENT Nuunoff%wem Am. Mq LD, SAMANTHA E. On 06 Jan 031 conducted a follow-up investigation into the above listed Incident. Par /or/ - I contacted the NYS Child Abuse Hotline (1-800.635-1522) and spoke to a Randolph Lukas. I advised Mr. Lukas of this incident and, after conferring with his supervisors, Mr. Lukas stated that they were declining to register this Incident In New York State. He stated that because the family resides in Pennsylvania they would not be able to Investigate this incident. Mr. Lukas advised me to contact the Pennsylvania Child Abuse Hotline and report the incident to them. I contacted the Pennsylvania Child Abuse Hotline (717.783.8744) and spoke to a Desiree Reed. I advised Ms. Reed of this incident and she stated that they would not be able to Investigate this incident because it happened in New York State. She stated that they do not have authority in this incident and that New York State should take the registry. Ms. Reed took all of the information regarding this incident and stated that she would forward it to Cumberland County Youth Services, as this is the county that the family resides In. She stated that they would not be able to investigate this incident, but that they might check on the welfare of the children. She advised me to contact Cumberland County Youth Services (717-240.6120) to see if they wanted the reports regarding this incident. I was unable to contact Cumberland County as their office operates during normal business hours (0900.1700). No further information. AFFIRMED UNZXR PENALTY OF PERJURY THIS o3 DAY OF 4w ?? n 7? KAL RPT.DKTE STATG RECISTRY NC. LOCAL REGISTRY NO. MO?. Day., Yr. r. X88.2221 (REV.1/07) REPORT OF SUSPECTED I NCY CHILD ABUSE OR MALTREATMENT nM .. LOCAL CASE NO. LOCAL AC DEPARTMENT P SOCIAL BEAV CE DM HE _ t., .ter . % fr ..; ;{ ;.:-r., %1o?:: c 1. wpontibl, for household, end alleged perpetrators Gex l inhdet. A e Sv°p• or Chtcx (A Code .1 on It Alleged (M, Vnk.) or g Mo. Day Yr• Over) Perpmator Pilot Nam• Ca s S. F 109 N M 03 Izz 199 H . Alf c N oL z1 101 1ZJH L. F 1 161 6R P 5 r f ? Q. L4 -7(e 03 tl al ) I ?MO +e List ADORESeea ANDT L PPHO NW S6gB: ? vA a ! NO. T!L'PHON TS-9Sf T'•/ , t HOUSIHOLO T L PHONE NO. H OT lv . Nps.l IO Llna TELEPHONE NO. Alleged Consequences or evidence of abme or maltreatment • Give chlld(mn)'s line number(s). If all children, wren "ALL°. Child's Onia/Alwhol Ue Educational Neglect DOAIFaellty Drug Withdrawal Gmotmnal Neglect Fracture$ Subdural Hemmome, Internal Injuries Lack of Medical Cam Lock of Food, Clothing.Shoner Lacerations, inruian,Welts Malnutrition, Fallurt to Thrive T Lack of Supervision Abandonment Eurn45ultllnp -Sexual Abuse Exumiva Corporal Punishment Other, specify: de the nature and extent Of each chlid'1 In)urles, abuse ar maknn• (if known, give time and data of alleged incident): l I u nc State reasons for suspicion. e or maltreatment to the child or his siblings and any avidence Mo. Day Yr, bu l MIAMI w, a s mint, any evidence of prior Injur g to the problem. lZ 4.0 Z. tin u hevlar contrio l' h ' Time Z33O MIAMI e or suspicions of Pattnta ? ? g F'ai?Y? TO a.TTAC.Hlp T'c' ,..^ ` M 1i • - v SOURCE OF PE ON M IN T EF f F TER6 LEPHONE NO. NAME! ;,?•rs RL PHONE NO. NAME -I ADDRESS AOOPl18 P! ?? B W 1 LII __ AOENC'//INSTITUTION ? UT NCV/INSTIT ^4 N - J ASIATIONGHVi ter Reporter.Ktai source) Enlorumxnt C-1NaiPlsOor ?RF ff K letlve _ . C..iMtd• IIXM.ICOroner CIPhVnclan CJHmDitel Sta hool SnN MOthcr lipocifv) MS c ISociel Services ?Publlr, Haphri ?Mmnd Health ?`^ 9 ACTIONS TAKEN OR Oppjadlcal Exam 20xaw 4 QRemavellKaeping 2 MHofoitolltation S CaRaturmd Homs SMNot, Med. Exom./CaruMr 7 MNoORed DA. AOOUTTO SCTAKEN: t [3Phatographs . EUBMITTF.O GATE SIONATURI OF PERSON MAKING THIS REPORT TITLE Y y Mo.°y 03r. L? I II FORM 9.19 STATE OF NEW YORK TOWN OF DEWITT THE PEOPLE OF THE STATE OF NEWP 0 R H vs. \\ Defendant Request for Crlminaf Summons Reason: Request for Arrest Warrant COUNTY OF ONONDAGA Reason: Lt -r A4 ? ??? LAJns Cara 4r - -- FMs kv,, pa,, a.,,, is A Pksio--,sr of PP. • h7o 2i t*-u of Date o .? t 3z<, Officer! Shlel _ wARBANT OF ARREST C.P.L. 120.10-120.90 FORM NO. 108 owuW: »vuweauco. hciaam wa STATE OF NEW YORK : COUNTY OF ONONDA0A JDBTICE COURT TOWN OF DEWITT 1warrant of Arrest IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK: To any Police Officer of the TOWN OF DEWITT POLICE DEPARTMENT Department, 5400 BDITEMOT DIVE P.O. BOX 159, DENIIT. N. Y. An Accusatory Instrument having been this day laid before this court, that the offense of EBMGMING THE WELFARE OF A CHM PL 260.10 SUB 1 ASSADLT IN THE THIRD DEGREE PL 120'1100 SOB 1 has been committed, and accusing ANGEL NIEVES (DOB: 03-29-76) , defendant Poll are, dprdare, IOIIIIImanbe0 forthwith to arrest the above named DEFENDANT, ANGEL RIMS. and bring It im before this court at 5400 Butternut Drive. DeWitt, NY in the Town of DeWitt , County of Onondaga . N. Y. Issued this .411SOL day May be executed in County of issuance or adjoining County. 120.70 STATE OF 14EW YORK ) COUNTY OF ONONDAGA I TOWN OF DeWITT ) VOLUNTARY AFFIDAVIT I being duly sworn, state that I am _tL_ years of agq? my date 04 birth is _-114141 my address is 4??_ Id.,Ry_i_p,rLtM?c?ytl {?. llo?l•?t _ I a"' making this state ent to S-?ll?eim ?aL` ---- •- - Location: 514 i ?.,,,ffiI(?'?•c 3;_ Time: Da": zi f',)EA % _ 'r IJF?. ?s.• zr ]MV _.1LC_i96a.1..-?Li,'?_EtL_,e.Ie t' .a.. ?d(? _ _r r .? _t?ir&z ??1_? :T.?.?!5octrir_? at?ua?.,'r?.._/.•fitt_ _GSI,I?A•l?_,11(,aa?s,,r•.ddr{...?I?o . ?,?..:.Qar?s.4e11?.?_,..-?f=s''.'r?--?' `'?.,"'?a --• ?M1i(?..1':1zS7pOZ..,?S??L91/t¢_?'(?S-..C?1?P?°_lcVSr._JgUa_.?llrfL--S+r?JP.d7E?!-?CUS!!?? .1?4 .r T.Af P- f y I hev> rr+sM - - -- ca;: .nt:, Stn cancant rc• d !: r; :'?: u.:::'.:• n On'sist9 at Pagans) And 0, ar'!.S Lmn4.a:!tRcl 'th .•:.o;. .,?:-r: i. -.0 r.::r co,•rect to LhIt best o,' my knOW'.•sd?c. E. Ise Ftatam.nnte n+ade in 1:11r.5 ,;,rnno L:r. iitcr.rwnnmL Ar•C pr. -- C).e49 A misd amaanor nV.r.-d.; r.nc tr.: ;mr,b:On ?). i), 4:5 a? :+`,e Prn>l ..... Accordingly and with noticn ::f tnr: icr•egaina 9t"atwnRnts o4 :fact.; orr: EL. day of -bEckmmv Witness: l..! _ M . Witness% Q•O•?,•A.r•.-4S a_ 3'S _ Page _L Of ?-_ Pages. "rcv. :nq, her n;,y a4'r irr.. ': `•::• ..r Cnmeia%.n?nt ?Ilt:$Ct J biJd ar,.y :i. ..... ..: Dn1?0Ytie r.,n day OF Dleta:•y Fah i. i. •: X1'1 Z& NU TARV AFF1nAVIT STATE OF NEW YORK > COUNTY OF 014ONDAI3A > TOWN OF DeWl•iT > _1_ d 7 it I have _ Mao cnx sL...a ,°•• ° __._ - consists °f __2?v__... P49r=(s) and tfee facts cuntained therein are true and correct to thN hest of my knowledge. xtatemants mada in the f°r?o21)?45 are PthaLhpenal aLaw- False 1 C1.?9A A misdemeanor Pursuant o section the -qoing Accordingly tand N ,:I-V emwnth aftfactsfar•IeCtr-uQ, undar penaltyy of afilt-m that for•egay '` Y1, d.1y of Witness, Wit(Iasi UI i • complainant yt scribed and cwarn this __ day of tc before me Notary Public Page _?j_ 04 Pages. _.?lino,_hll3F.1__L C'w.ia ,? I _..1Mz. ._L si?acJ f _?ynt:r? /`e LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Suprcmc Court iD: 81738 3500 Markel Street Camp Hill, 13A 17011 (717) 591-1755 CATHERINE J. BABNER, Plaintiff V. CHRISTINA NIEVES & ANGEL NIEVES,JR., Defendants Counsel for Plaintiff IN THE, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIVIL ACTION - LAW CUSTODY EDGAR B. BAYLEY, JUDGE PETITION FOR MODIFICATION O CUSTODY AND NOW, conics the Plaintiff, CATHERINE J. BABNER, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Modification of Custody: The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants arc CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of flic following children: N•nn I)rpcrnt Rpsid nre DAM Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves 822 Hummel Avenue Ecb. 21, 2002 Lemoyne, PA 17403 4. Blair M. Nieves was born out of wedlock. 5. The children are presently in the custody of Defendants, who reside at, 822 Flununcl AvenuC, Lemoyne, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - August 1999 (Blair) Plaintiff Catherine Babner 159 N. Locus( Point Rd. Mechanicsburg, PA 17050 August 1999 - May 2001 (Blair) Defendant Christina Nieves 822 Flununcl Avenue May 2001 - Present (Blair and Lemoyne, PA 17043 Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of 822 Hummel Avcnuc, Lcmoync, Pennsylvania 17043. The mother is married. 8. The father of the children is Defendant, currently residing at last known address of 822 Humnncl Avenue, Lcmoync, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babner Son Bryan Babjicr Soil Joe Babner Soil Sarah Babncr Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angcl Nieves, Jr. Husband Blair Nieves Son Alexander Nieves Son Samantha Surficld Daughter Casandra Surficld Daughter Matt (last name unknown) Friend 11. The relationship of defendant, Angel Nieves, Jr., to the children is that of father. 'I're defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surf cld Casandra Surficld Matt (last name unknown) Relationship Wife Son Son Stepdaughter Stepdaughter Friend of Wife's 12. There was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court ofConmmon Pleas of Cumberland County. 13. There is an existing Order of Court entered in the above action number on May 14, 2001. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by placing legal and primary physical custody of the children with Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law Offices of PPeeler,l. Russo, P.C. By: Scott A. Stein Attorney for Plaintiff Dale: //,) --1103 CAnIERINl's.1.BABNER, IN'ri[E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIE'VES, JR., CUSTODY Defendants VERIFICATION I, Catherine J. Babncr, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Secking Custody of the Minor Child are tme and correct to the best of my knowledge, infonnation, and belief and are made subject to the penalties of IS Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 2 . j, wi w aA- - CatherineJ. Babncr CNNS LAW OFFICES OF PETE It J. RUSSO, P.C. Counsel for Plaintiff PE'T'ER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 31733 3800 Market Street Camp 1-lill, PA 17011 (717) 591-1755 CAT HERINE J. BA NER, IN THE COURT OF COINIMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CIIRIST'INA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES, JR., CUSTODY Defendants EDGAR D. BAYLEY, JUDGE CERTIFICATE OF SERVICE 1, Scott A. Stcin, hereby certify that 1 am on this day serving a copy ortlic foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 822 Hummcl Avenue Lcmopic, PA 17043 Date: Scott A. Stein LAW OFFICES OF PETER J. RUSSO, P.C. PETI:RJ. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp l-liil, PA 17011 (717) 591-1755 Counsel for Plaintiff CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES S CIVIL ACTION - LAW ANGEL, NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY, JUDGE CERTIFICATE OF SERVICE I, Scott A. Stein, hereby certify that I am on this day serving a copy of the foregoing document upon the person (s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angel and Christina Nieves, Jr. 822 Hummel Avenuc Lemoyne, PA 17043 Date: ?7 a Scott A. Stein CATHERINE.1. BABNER, Plaintiff ANGEL NIEVES. JR. and CHRISTINA SURPIEI_D Defendants IN TI 11: COURT OE COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA N0. 99 - 6716 C'IV11, TEAM CIVIL ACTION - LAW IN CUS'T'ODY AFFIUAVI'1' OP SI:RVICI? BY MAIL PURSUANT TO I'll. I2.C.P. 1920.4(a)(1)(H) COMMONWEAL: rl-l OP PENNSYLVANIA COUNTY 01' CUMBERLAND : SS. 1, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff. CATI IERINE J. BABNER, and that he did serve a true and correct copy ofthe Petition for Custody that was filed in the above matter. by U.S. Mail, postage prepaid. certified with restricted delivery. return receipt requested. unto the Defendants. ANGEL NIEVES. SR. and CHRISTINA SURFIELD on November 5. 1999. The receipt form is attached hereto as Exhibit "A". la`me§ J. Kayer, Esquire i Sworn to and subscribed before me this8TH day ol'Novenmber, 1999. Notary Public NOTARIAL SEAL DENISE PINAMONTI. Notary Public Carlisle Borough, Cumberland County My Commission Expiros Nov. 20, 200D EXHIBIT u SENDER: M -complete items t and/or 2 for additional seMoee. :Complete item 3,4e, aril 4b. m Print your name and address m the rewree of this form eo that we can return INS card to you. -Mach this term to the horn of the mallplace, or on the bark if space does not my :W n dle'Rerum Rerotpr Requested•m the maildece below the snide number. .? -The Return Rat pl vAlI show to whom eo wide was delivered and the dale c dalNered. 0 11 3. Article Addre se .?tor:? Ardt4 ?o a n\\c QQ (?UQS l CgZ3. 4b. Service I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address - Z 2. Sl<estdcted Delivery Consult postmaster for fee. ?S q ?S E Certified x rn O Insured 5 ilarldse O COD `o o ? Registered ? Express mail 110 ? ??.1.i WU Tid stem Receipt 1r 7. Date of Deliver) 2Q. 5. Rec ivetl By; (Pdnt Name) B. Addressee's Ac ?j0/I??r,,4 , S -71 L and fee is paid) 6. SI nature: (Addressee arAgenl T X Q , December 1994 e SENDER: Ig259597-a-sin t)C A :Complete hems t and/or 2 for additional servi", `?- a •Completelteme3,4e,and/b. ' o •Pdm your nerve and address on the rewree of thh loon ea that we can return this cerdlc you. -Mach Ihie form to the from of Ito maitpiera3, or m the bade it Spero does not permil. m Writs 'Return Rscstpt Requested' on the mailpiace below the snide number. { -The ReturnReceipt ash Iorw to whom the adlds was delivered end the date delivered. t ( 3 1 -15 0 3. Article Addressdd to' Ch hn V rn?L1 s ,l--we f2 5.(ieceived By.{P.dnt Nerve) \,_ ?L\i¢ 6. Signature' ressee orA_ \gent) l Cx - \ ? 4 PS Fonn 3811, December 1994 -S 9 T (Onfyflrequested g? F I also wish to receive the following services (for an extra fee): 1. O Addressee's Address - 2. ET nestdcted Delivery to Consult postmaster for fee. r ' Sa?r?r c foe m ? Registered E"artified : O ress Mail ? Insured 5 N ' Rehm Receipt for Merchandise 0 COD 7. Date of Dsilvery /t-s-(51y 02 9. Addressee's Address ( lyff requested ? and lee is paid) r N O P ;i • J \. y + ril y . r 0 LG1ticn?c J . ??1?t?c? Plaintiff v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : NO.r0l1(O CIVIL I9 qcj CUSTODY VISITATION ORDER OF COURT And now, this 11' I`1 upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before. t` cx C ?- X . vt)"l Esquire, the conciliator, at Y?c t_r?,( Zw??rv C?C(\c kki-rh h OJS Pennsylvania, on the '7-)1-s day of at 8 ::3 C5 A.M./-P:ivl; for a Pre-hearing Custody Conference. At such c ference, 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 be present at the conference. Failure to appear at the conference may provide grounds for the entry of 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-500-990-9105 _.-,. i r? - -- ",s99"\N CATHERINE.I. BABNER, : IN '1'1-IE COURTOF COMMON PLEAS OI' Plaintiff CUMBERLAND COUN'T'Y. PENNSYLVANIA V. NO. 99 - b 716 c iviL TERM CIVIL ACTION - LAW ANGEL NIEVES. JR, and CHRISTINA SURFIELD Defendants : IN CUSTODY ORDER OF COURT AND NOW, this day of November, 1999, upon consideration of the attached Petition, it is hereby directed that the parties and their respective counsel appear before Esquire, Custody Conciliator. on of 1999, at o'clock .M.. for a Pre-l-learing 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 TI IL' COURT, By: Esquire Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 012 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 AMERICANS WITI1 DISAl31LITll?S ACT OF 1990 The Court of Common Pleas of Ctnnberland County is required by law to comply with the Americans with Disabilities Act of 1990. For inl'onnation 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. James J. Kayer. Esquire Attorney for Plaintiff 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 (717) 243-7922 cc: James J. Kayer, Esquire Attorney for Plaintiff Angel Nieves, Jr., pro se Christina Sur6eld, pro se CATI IERINE J. BABNER. IN '1'111: COURT 01' COMMON PLEAS Of' Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 99- 6J/& CIVIL'1ERM CIVIL ACTION-LAW ANGEL NIEVES, JR, and CHRISTINA SURFIELD Defendants : IN CUSTODY PETITION FOR CUSTODY COMES NOW. Plaintil'I. Catherine Babncr, by and through her attorney.. tames.l. Kayer. Esquire and avers as follows: 1. Plaintiff is Catherine Babncr, an adult individual, residing at 159 North Locust Point Road, Mechanicsburg, Cumberland County. PennsvIvania 17241. 2. Defendant Angel Nieves. Jr., an adult individual, whose current address is Cumberland County Prison, Cumberland County, PA. I Defendant Christina Surfield, an adult individual whose current address is Dauphin County Prison. Dauphin County. PA. 4. PlaintifTsecks custody of the following child: Name Present Residence Age Blair Mac Millian, 159 North Locust Point Road. Mechanicsburg. Cumberland County, PA, born March 22, 1999. The child was born out of wedlock. The child is presently in the custody ofthe Plaintifl: During the past five years, the child has resided with the following person(s) at the below address(es): Birth until August 20, 1999: With mother Christina Surfield, at 239 1lunimel Avenue, Lemoyne, Cumberland County. PA August 20, 1999 until present with the Plaintiff. Catherine Babner, 159 North Locust Point Road, Mechanicsburg, Cumberland County, PA 5. The mother of the child is Christina Surfield, an adult individual whose current address is Dauphin County Prison, Dauphin County, PA. 6. The father of the child is Angel Nieves, Jr., an adult individual, whose current address is Cumberland County Prison, Cumberland County, PA. 7. The relationship of Plaintiff to the child is that of the mother's sister. The Plaintiff currently resides with the following person(s): Name Relationship David L. Babner Husband Alyssa A. Babner Daughter Aaron D. Babner Son Sarah M. Babner Daughter 8. The relationship of the defendants to the child is that of father and mother. The Defendants are Both currently incarcerated. 9. 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. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 10. The best interest and permanent welfare of the child will be served by granting primary physical custody of the child to the Plaintiff Defendants each have authorized the Plaintiff to serve as "guardian". Granting primary physical custody to the Plaintiff better ensures that the child shall remain in a stabel environment, even alter the Defendants are freed from incarceration. 11. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, names below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of' this action and the right to intervene: Name Address Basis of Claim None WHEREFORE, Plaintiff requests the court to grant custody of the children to Plaintiff. Respectfully submitted. Date: )VI/ /, C, Superior Ct. I.D. 50838 VERIFICATION OF PLEADINGS The foregoing document isbased upon,information which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my counsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904, relating to unsworn falsification to authorities. Date: rici . 1999 ts1 ?? I k ii i O.:c co C y ¢ O^ y 7 R 0, Sl N m o:° mrn `.a W N v C{R C N.. ;.(. (? J H a Ya` _Dv J Y lei '~a i i' . ( '. JAN 2 0 2p o-d 1 CATHERINE J. BABNER. : IN THE COURT OF COMMON PLEAS 01' Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANGEL NIEVES. JR. AND NO. 99-6716 CIVIL C}IRISTINA SURFIELD, Defendants IN CUS'I'ODY COURT ORDEI AND NOW, this _74?-day of January. 2000, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: Catherine J. Babner shall enjoy legal and physical custody of Blair Mac Millian Nieves, born March 22, 1999. This order for custody is temporary in nature pending the Mothers release front prison and any further agreement by the parties or order of court. 2. The Mother. Christina Surfield, shall continue to enjoy periods of temporary physical custody with the minor child pursuant to the schedule the parties have used over the past four (4) months. The same shall apply for the Father, Angel Nieves, Jr., who shall enjoy visitation with the child at the prison in accordance with the existing arrangements between the parties. Upon the Mother's release from prison, it is anticipated that custody of the minor child shall be returned to the Mother pursuant to an agreement of the parties. In the event of no agreement, the Mother may petition this court to have the case again scheduled with the Custody Conciliator. Additionally, neither Mother nor Father waives anv standing issues that they could present to the court in connection with any claim by the maternal aunt to maintain custody. The intended purpose of this order is to provide for a temporary custody order pending t parents availability to care for the child after the parents are released from prisot BY. HE cc: James Kayer, Esquire Christina Surfield Woodside Family Center 451 Mall Road Harrisburg, PA 17111 o R K3 Angel Nieves, Jr. Cumberland County Prison 1101 Claremont Road l ' ?? 1;- ?1J:? ?,???• -. _ _?_I n ? ? : ? I r .. l CATHERINE J. BABNGR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v CIVIL ACTION - LAW NO. 99-6716 CIVIL ANGEL NIL•VES, JR. and CHRISTINA SURFIELD, IN CUSTODY r? Defendants ,t Prior Judge: CONCILIATION CONFEI2F.NCG SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19153-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Blair Mac Millian Nieves, bom March 22.1999- 1) , A Conciliation Conference was held on January 7. 2000, with the following individuals in attendance: Attomev James Kayer, Esquire and his client. Catherine J. Babner. the maternal aunt and the Mother, Christine Surficld. who appeared without counsel. The Father, Angel Nieves, Jr., was not present. He is currently incarcerated in the Cumberland County Prison. 3, We have a situation of a child less than one year old. Both the Mother and Father were incarcerated in August of 1999 on separate charges. At that time. the parents signed a stipulation for guardianship and custody giving the maternal aunt. Catherine Babner, custody of Blair. At this time, Mrs. Babncr petitions for a formal custody order in order to ensure site can on medical it n that thislisttemporar n nature pending her sister being rel a ed from prison?ld She asserts 4. The Conciliator recommends the entry of an order in the form as attached. G Hubert X. Gilroy, F quire DATE Custody Concilia r CATHERINE J. IIABNER IN TI Ili C'OUR•I' OP COMMON PLEAS OF PLAIN'I'IFF CUMI3FRLAN1) COUNI'1', PENNSYLVANIA V. ANGEL NIEVES,JR.AND CIIRISTINA 99-6716 CIVIL ACTION LAW SURFIELD DEFENDANT IN CUSTODY ORDER OF COI II2'1' AND NOW. this 277'11 day of OC'I'OISE1t , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert R. Gilroy, Esq. , the conciliator, 4th Floor, Cumberland County Courthouse, Carlisle on the wriway of DECEMBER , 2000, at 8:30 A.M at fora Pre-Ilearing Custody Conference. At such confercncc, 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 live 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 COUR"1'. By: Is/ Hubert X. Gr r y. Esnj%Z Custody Conciliator The Court of Common Pleas ol'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 A'I-1'ORNEY AT ONCE. IF YOU DO NOT I IAVE AN ATTORNEY Olt CANNOT AFFORD ONE. GO TO OR TELEPI LONE THE OFFICE SET FORT'1-1 BELOW TO FIND OUT WFIERE YOU CAN GI t' LEGAL. I IELP. Cumberland Canty Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone (717) 249-3166 r.j C.hl iU I'i ? zl, I? J'Cl Op y /Gy?r /neeL? G? !GJ GCC ??/ ??// .+ yam- CATHERINE J. I3A13NER. IN 'I'IiE COURT OP COMMON PLEAS OI' CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff NO.99 - 6716 CIVIL TERM V. CIVIL ACTION - LAW ANGEL NIEVES. JR. and CHRISTINA SURFIELD ; Defendants IN CUS'T'ODY ; ORDER OF COUtZT da of • 2000. upon consideration of the AND NOW. this y attached Petition, it is hereby directed that the parties and their respective counsel appear before of Esquire, Custody Conciliator. on 2000, at o'clock --M-- for a Pre-I fearing 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. grounds for entry of a temporary or permanent order. cc: James J. Kayer. Esquire Attorney for Plaintiff Failure to appear at the conference may provide FOR THE COURT. By: Custody Conciliator Esquire Angel Nieves. Jr., pro se Christina Surf ield. pro se CA'I'1IL'RINI; J. BABNER• : IN THI: COURT OF COMMON PLEAS OP Petitioner/Phiintill CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 99 - 6716 CIVIL TERM ANGEL NIEVES, JR, and CIVIL ACTION - LAW CHRISTINA SURFIPLD Respondents/Defendants : IN CUS'T'ODY PETITION FOR MODIFICATION OF CUSTODY COMES NOW, Petitioner, Catherine.l. Babner, by and through herattorney. Janes J. Kayer, Esquire who does hereby petition as follows: 1. Petitioner is Catherine Babner, an adult individual, residing at 159 North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent Angel Nieves, Jr., an adult individual, residing at 627 I-loot Owl Road, Boiling Springs, Cumberland County, PA. 3. Respondent Christina Surfield, an adult individual whose current incarcerated at the SCf at Cambridge Springs, 451 Fullerton Avenue, Cambridge Springs, PA. 4. The subject child of the proceedings, Blair Mac Millian Nieves, was born March 22, 1999. Angel Nieves, Jr., and Christina Surfield are the natural parents of this child. Catherine Babner is the matemal aunt to this child. 5. Previously, this Court has entered an Order dated January 24, 2000 based upon a conciliation conference in which the Petitioner and Respondent. Christina Surfield attended. A copy of that order is attached hereto incorporate herein and designated as Exhibit "A". 6. Due to the parents' incarceration. the child was placed in the care and custody of Catherine Babner. 7. The purpose of the January 24. 2000 Order was to memorialize the custody situation as; it existed at that time. 8. Since the entry of the January 24. 2000 Order, the respondent. Angel Nieves. Jr.. has been released from the Cumberland County Prison. Although the parties had worked well in dealing with one another initially concerning the issues of custody and custody transfers, communications have broken down between the father and the maternal aunt. 9. The Petitioner believes and therefore avers that the father does not have adequate shelter for the child. He has not established a residence of his own and has lived at two separate locations in the short time since lie was released from prison. 10. The Petitioner believes and therefore avers that the best interest and welfare of the child will be promoted by allowing him to continue to reside with the maternal aunt. The maternal aunt has been the one constant in the child's life. Additionally, the child has developed close ties with the other five children who reside with him. Continuing primary physical custody for the maternal aunt and defining with greater specificity the dates and times that the father shall exercise his periods of physical custody with the child shall be in the child's best interest. 11. The January 24, 2000 Order preserves the right for either Respondent to raise the issue of standing with regard to the custody claim of the maternal aunt. It would also be in the best interest of all parties concern to resolve this issue. WHEREFORE, Plaintiff requests this Honorable Court to schedule a conciliation conference to address the issue raised in this petition. Zcspecllully submitted. ttorney for PI'lintill, G Lib rty Alenue 'arlisle.IPA 17613 uperior Cl. I.D. 50838 CERTIFICATE OF SERVICE 1 hereby certify that a true copy of the foregoing PETITION FOR MODIFICATION OF CUSTODY was served on the following persons by First-class mail. postage prepaid. by forwarding a true and correct copy into: Angel Nieves,.Ir. 627 Hoot Owl Road Boiling Springs PA 17007 and SCI at Cambridge Springs Christina Surfield 451 Fullerton Avenue Cambridge Springs PA 16403-1238 Date.to /I ? Jant'< 4 L 17) J. 17013 V CATF-IER1N1? J. BABNER. IN,1.111- COURT OP COMMON PLEAS OP Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ANGEL NIEVES, JR. AND NO. 99-6716 CIVIL CHRISTINA SURFIELD, Defendants IN CUSTODY COURT ORDER AND NOW, this _,9 day of January, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: Catherine J. Babner shall enjoy legal and physical custody of Blair Mac Millian Nieves, bom March 22, 1999. This order for custody is temporary in nature pending the Mother's release from prison and any further agreement by the parties or order of court. The Mother, Christina Surfield, shall continue to enjoy periods of temporary physical custody with the minor child pursuant to the schedule the parties have used over the past four (4) months. The same shall apply for the Father, Angel Nieves, Jr., who shall enjoy visitation with the child at the prison in accordance with the existing arrangements between the parties. 3. Upon the Mother's release from prison, it is anticipated that custody of the minor child shall be returned to the Mother pursuant to an agreement of the parties. In the event of no agreement, the Mother may petition this court to have the case again scheduled with the Custody Conciliator. Additionally, neither Mother nor Father waives any standing issues that they could present to the court in connection with any claim by the maternal aunt to maintain custody. The intended purpose of this order is to provide for a temporary custody order pending the parents availability to care for the child after the parents are released from prison. BY THE COURT, _ 15 . cc: James Kayer, Esquire Christina Surfield Woodside Family Center 451 Mall Road Harrisburg, PA 17111 Angel Nieves, Jr. Cumberland County Prison 1101 Claremont Road ?-;.fit*- n,^°?-.• _. ..,.. ..-.i;.•?' i1 st -r/ ham arr! ih- edl errs:'' Court Carkle, Pa. Thi- ....?c.?+h ay of Prothonotary F r 3 z . a c ' r r 1'I 1 C co ?Y • C 0 > 3 l" O o ,. L . N S) r S '? U J T M.. N LI! W V.: 0 o m ; U ? ?9L c J ? n z U 0 r ?? r Col] .. .Jffi-. CATI IERINE J. BABNER. Plaintiff V. ANGEL NIEVES. JR. and Cl IRISTINA SURFIELD Defendants : IN TI ll? COURT OF COMMON PLEAS 01' : CUMBERLAND COUNTY, PENNSYLVANIA NO.99 - 6716 CIVIL. TERM CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE 13Y MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff. CATHERINE J. BABNER, and that he did serve a true and correct copy of the Petition for Custody that was tiled in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the Defendants. ANGEL NIEVES, SR. on October 26, 2000 and CHRISTINA SURFIELD on October 25, 2000. The receipt form is attached hereto as Exhibit "A". Sworn to and subscribed before ine this 30TI-I day of October 2000. 1 y ? Notary Public NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle. County of Cumberland My Commission Expires Aug 30, 2004 .t` SENDER: y •COmplels harm l anclor 2 for additWW lattices. - e •CanpleleI=3,4a,andeb. I also wish to receive the following services (for an sPdrd your name and address on the reverie of INs form so mat we can return INs card to yyoou extra tea): $ . Mach Ws form 1. the from Of the mallpleu, W on the barer If apace does rid 1. I] Addressee's Address Z c pemit. •Wdte'Retum Receipt Requested' on the mallpiece below the snide number. __/ 2, 03 Restricted Delivery r}rj .The Return Receipt will show to wham the article was dolinred and the dale delivered Consult postmaster for fee n p p . . 9t 3. Article Addressed to: rAc?el lJte?es,J?. 4a. Article Number q? 5a '-t 4 ? & E 4 ? Re istered CeNfie u lll (? _J ??11?C\S g 0 Express Mall ? Insured ? etum Receipt for Merchandise OCOD 7. Date of Delivery 0 IC ' &00 ecelved Pdnt Name) B.Addressee's Address(Onlyifrequested and fee is paid) g a 8. Signs e: (Addressee orA nI) w X J PS Form 811, December 1994 102595.97a-0179 Domestic Retum Receipt o SENDER: v -Complete hems 1 endor2 for additlomi services. I also wish to receive the m •COmplote hems 3, as, and 4b. following services (for an 4 E .PAM your ruum and address on the reverse of We farm so that we can return tris cardtoyou extra fee): o . •? Wa form to the hem of the rrWlpiace, of W the beck it space does not 1. E3 A?dresses's Address 8 Z m •WAte'Retum Rocelpt Raqueetad'on the mailpiam below the article number. tstdeted Delivery ?j 6 .The Holum Receipt wie stow to wham the anide was delivered and the data a delMared. Consult postmaster for fee. v 3. Article Addressed to: Qnngs SO-' 0-L C?rv?or?dg2S 4a. Article Number -L ?1 S 1d `f 3 1 C' `( ?5?[lq Sl\?te? 4b. SaMce Type d r { ? Registered mortified E3 E M ll 1 I 5 xpress a nsured 3 3-1190,17acelptforMerchandise O COD ??yO3-lob ateot ovary 6. ed By: do Name) 6. Addressee's Address (Only If70quested and l I id m 1 ee s pa ) g 6. Sign (Addressee rA nt) T X h PS Form 3811, December 1994 7 _- ---_l02S9597a-0179 Domestic Retum Receipt EXHIBIT •'A" ?. 4 1 ... e'en a 11 `Ll )?. ?. ?. F t o. U' L N N N m ?' :? ill ,? t % co 4 M A, f0 O J' m .i t _: ` Cys jzt . 5 1,.. e IN CATI MIZINE J. BABNER. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL AC'T'ION -LAW ANGEL NIEVES, JR. and NO. 99 - 6716 CIVIL CHRISTINA SURFIELD, Defendants IN CUSTODY COURT ORDER AND NOW, this t, day of December, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: This Court's prior Order of January 24, 2000 shall remain in effect subject to the following modifications: A. The parties shall continue under the current arrangement with the Maternal Aunt, Catherine J. Babner, maintaining legal and physical custody of the minor child, Blair Mac Millian Nieves, born March 22, 1999. B. The Father, Angel Nieves, shall continue to enjoy visitation pursuant to an arrangement between the parties which is generally every weekend. However, it is noted that Father shall return the child to the Maternal Aunt no later than 8:00 p.m. every Sunday evening or at such other time as specified by the Maternal Aunt. C. Upon the Mother's release from prison or in the event that either party feels the existing Order needs to be modified, that party may petition the court to have the case again scheduled fora conference with the Custody Conciliator. Z tBY THE CO? cc: James J. Kayer, Esquire Angel Nieves 627 Floot Owl Road Boiling Springs, PA 17007 Christina Surtield SCI at Cambridge Springs 451 Fullerton Avenue Cambridge Springs, PA 16402 Edgar B. Bay LU' w 12-13-00 'RKS P , L• ? CATHERINE J. BABNER, Plaintiff v ANGEL NIEVES, JR. and CHRISTINA SURFIELD, Defendants Prior Judge: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.99 - 6716 CIV IL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Blair Mac Millian Nieves, born March 22, 1999. 2. A Conciliation Conference was held on December 8, 2000, with the following individuals in attendance: The Maternal Aunt, Catherine J. Babner, with her counsel, James J. Kayer, Esquire; the Father, Angel Nieves, Jr. The Mother, Christina Suffield, was not present, and is incarcerated at this time. 3. The parties agree to the entry of an order in the form as attached. Itl 1 00 a?, P 9::!?2 DATE Hubert X. Gilroy, Es ire Custody Conciliate CATIIERINE,I. BABNL•R. Plaintiff ?N ,1,1II: Coulz'r or COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA v. ANGEL NIEVES. JR, and CHRISTINA SURPIELD Defendants NO.99-6716 CIVILTERM CIVIL ACTION - LAW IN CUSTODY ORDER OR COURT AND NOW. this V\ day of 'j'' I,4?? , upon consideration of the attached Stipulation and Agreement for Custody. is hereby entered as an order of Court. BY THE COURT, vf A VJ. cc: James J. Kayer, Esq Attorney for Plaintiff Angel Nieves, Jr., pro se Christina Surtield, pro se I? it UUU ??`O CATHERINE .I. BABNER. Plaintiff V. ANGEL NIEVI?S, JR. anc. Cl IRISTINA SURPIELD Defendants IN T[ iE COURT Of CONIMON PLEAS 01' CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6716 CIVIL'1 BRM CIVIL ACTION - LAW IN CUSTODY STIPULATION AND AGREEMENT FOR CUSTODY COMES NOW. Plaintiff, Catherine Babner, by and through her attorney. James J. Kayer, lisquire, Christina Surfield, representing herselfpro se, mid Angel Nieves. Jr., representing bimselfpro se, who do stipulate upon the following: 1. Angel Nieves, Jr., and Christina Surfield are the natural parents of one minor child Blair MacMillian Nieves, born March 22, 1999. 2. Catherine J. Babner is the Maternal Aunt of the child, Blair MacMillian Nieves. 3. From August 17, 1999 until the execution of this agreement, Catherine Babner had primary legal and physical custody of Blair MacMillian Nieves pursuant to the original stipulation executed between the parties dated August 17, 1999 and as further modified by the Court of Common Pleas of Cumberland County Orders dated January 24.2000 and December 11, 2000. During such time the Maternal Aunt stood in loco pnrenris to the child. 4. Primary physical custody of the minor child Blair MacMillian Nieves shall be placed in Angel Nieves, Jr. and Christina Surfield. Legal custody of the minor child shall be shared between Catherine J. Babner, Angel Nieves, Jr. and Christina Surfield. 5. Catherine J. Babner shall have rights of partial physical custody at those times as the parties 1 may mutually agree. In the event that the parties can not reach an agreement it is understood that the maternal aunt shall have a period of physical custody with the child at least one time per month. She shall provide the parents with 36 hours notice of her intention to exercise custody. 6. In the event that the natural parciAlre subjected again to any period of incarceration, the parties agree that it is their intention that primary physical custody of Blair MacMillian Nieves shall revert automatically to Catherine J. Babner. 7. 'fhe parties agree and anticipate that this Stipulation shall be entered as an Order of Court in the Court of Common Pleas of Cumberland County. 8. The parties do hereby stipulate and agree that they waive their respective rights to be present in Court at the time an order is made pursuant to this stipulation. IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby this ?'51 "day of A ? - \ 2001. r 4 x r i f 14 r v j j _ ? A S r 1 _ :L12 A t* l >S? ti ' fir a: Si .. C ¢ CD , . 0 O. : N N e; it m O . .? N A i. C .a'` W m V Cy+; a. t4 O C N ' c ! N ?- 1 '1 .v CA'r11ERINE J. BAUNER IN '1'11 B C'OUR'T OF COMMON PLEAS OF PLAIN'I'IlT CIJ%?9131:1iI.AND ('OUNTY. 1'ENNSI'LVANIA \r. • 99-6716 ('IVILAC'iION LAW CHRISTINA NIEVES & ANGFI. NIEVES, JR. IN CLISTODY DITENI)ANT ORDER OF COURT AND NOW, 'flmrsday, February 06, 2003 , upon consideration of the attached Complaint. it is hereby directed than parties and their respective counsel appear before _Ilubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 20, 2003 al 9:30 AM for a Pre-l learing Custody Conference. At such conllerence. an cl'liirt will be matte to resolve the issues in dispute: or if this cannot be accomplished, to dcline and narrow the issues to be heard by the court, and to enter into a temporary order. All children age live or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ofa 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 hearing. 1:01Z TI ll: COURT. By: /s/ Hrr?ertG1/rQx ESl/• y Custody Conciliator The Court of Common Pleas ol'Cumberl:md County is required by law to comply with the Americans with Disabilitcs Act of 1990. For intitrmation about accessible t'acilities mul reasonable accommodations available to disabled individuals havin_ business before the court, please contact our office. All annngcments must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hcarinu. YOU SHOULD TAKE T THIS PAPER TO YOUR ATTORNEY A'I' ONCE. IF YOU DO NOT IiAVE AN A'1-I'ORNI?l' OR CANNOT AhI'ORD ONH, GO'l'O OR'fl:LliPliONi?'I'l11: 01'1'ICI: SI 1' FORTH BELOWTO FIND OUT WI IL•RE YOU CAN CHET LEGAL IILLP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 'T'elephone (717) 249-3166 ?' ?J U CGRy tiCCQ?/.? ?• 0 FEB 0 3 2003 W CATHERINE J. BABNER, IN 771E COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAZY ANGEL, NIEVES, JR., CUSTODY Defendants EDGAR B. BAVLEY, JUDGE ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of 2003, at _.m. for a P re-Hearing C ustody C onference. A t s uch 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 at the request of either attorney or party, be present at the conference. Failure to appear at the Conference may provide grounds for the entry of a temporary or pemmnent Order. FOR THE COURT, Custody Conciliator 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. 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAN OFFICES OF PETER.1. RUSSO, P.C. Counsel for Plaintiff PETER J. RUSSO, ESQUIRE PA Suprcmc Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3500 Market Street Camp Hill, PA 17011 (717) 591-1755 CATHERINE J. BABNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAN ANGEL NIEVES, JR., CUSTODY Defendants EDGAR B. BAYLEY, JUDGE PETITION FoR Mf1D11 CATION OE CILSIDDY AND NOW, conics the Plaintiff, CATHERINE J. BABNER, by and through Law Offices of Peter J. Russo, P.C., and respectfully submits the following in support of Plaintiffs Petition for Modification of Custody: The Plaintiff is CATHERINE J. BABNER, residing at 159 North Locust Point Road, Mechanicsburg, Pennsylvania 17050. 2. The Defendants arc CHRISTINA NIEVES and ANGEL NIEVES, JR., residing at last known address at 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. 3. Plaintiff seeks custody of the following children: N imp Rcrnt Rccidrncr DOB Blair M. Nieves 822 Hummel Avenue Mar. 22, 1999 Lemoyne, PA 17043 Alexander S. Nieves S22 Hummel Avenue Feb. 21, 2002 Lemoyne, PA 17403 4. Blair M. Nieves was born out of wedlock. t ? 5. The children are presently in the custody of Defendants, who reside at, S22 Hummcl Avenue, Lemoyne, Pennsylvania 17043. 6. During the past five years, the children have resided with the following persons and at the following addresses: Persons Defendant Christina Nieves Address Unknown Duration Birth - August 1999 (Blair) Plaintiff Catherine Babner Defendant Christina Nieves 159 N. Locust Point Rd. Mechanicsburg, PA 17050 822 Flununcl Avenue Lemoyne, PA 17043 August 1999 - May 2001 (Blair) May 2001 - Present (Blair and Alexander) 7. The mother of the children is Defendant, currently residing at a last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The mother is married. 8. The father of the children is Defendant, currently residing at last known address of 822 Hummel Avenue, Lemoyne, Pennsylvania 17043. The father is married. 9. The relationship of plaintiff to the children is that of maternal aunt. The plaintiff currently resides with the following persons: Name Relationship Dave Babner Husband Alyssa Babner Daughter Aaron Babiler Soil Bryan Babner Son Joe Babilcr Soil Sarah Babner Daughter 10. The relationship of defendant, Christina Nieves, to the children is that of mother. The defendant currently resides with the following persons: Name Relationship Angel Nieves, Jr. Husband Blair Nieves Soil Alexander Nieves Son Samantha Surfield Daughter Casandra Sur(ield Daughter Matt (last name unknown) Fricnd it. The relationship of defendant, Angel Nieves, Jr., to the children is that of father. The defendant currently resides with the following persons: Name Christina Nieves Blair Nieves Alexander Nieves Samantha Surficld Casandra Surfield Matt (last name unknown) Relationship Wife Son Son Stcpdaughtcr Stepdaughter Friend of Wife's 12. Thcrc was a prior custody action involving the child, Blair Nieves, which was filed to Action Number 1999-6716 in the Court of Common Pleas of Cumberland County. 13. There is an existing Order of Court entered in the above action number on May 14, 2001. 14. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and pemranent welfare of the children will be served by placing legal and primary physical custody of the children with Plaintiff. WHEREFORE, Plainti ff requests this Honorable Court to order that primary physical and legal custody of the subject minor children be placed with Plaintiff. Respectfully submitted, Law{/Off?iceessoof Peter I Russo, P.C. , By: Scott A. Stein Attorney for Plaintiff Dale: 111-01103 CATIIERINE.1. BABNER, IN THE COURT OF COMMON PLEAS Plautliff CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CHRISTINA NIEVES & CIVIL ACTION - LAW ANGEL NIEVES,.IR., CUSTODY Defendants YID REIC AIM 1, Catherine J. Babner, hereby swear and affirm that the facts in the forgoing Petition for Emergency Relief Seeking Custody of the Minor Child are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 Mating to unswom falsification to authorities. Date: ' . 1Y. Ui S ?AL Catherine J. Babncr LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE Counsel for Plaintiff PA Supreme Court ID: 72597 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81735 3500 Market Street CamP Hill, PA 17011 (7) 7)591-1755 CATHERIN'E.1. BABNER, IN THE COURT OF COiYIill plaintiff ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 6716 CHRISTINA NIEVES S ANGEL NIEVES, JR., CIVIL ACTION - LAW Defendants CUSTODY EDGAR B. BAYLEV, JUDGE CERTIFICATE OF SERVICE 1, Scott A. Stcin, hereby certify that I ant on this day serving a copy of the foregoing document upon the Person Wand in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as follows: Angcl and Christina Nieves, Jr. 822 Hummel Avenue Lemoyne, PA 17043 Date: 141 Scott A. Stchl c: L v r•7 T v a ?h CHRISTINE J. BABNER, PLAINTIFF V. CHRISTINA NIEVES & ANGEL NIEVES, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6716 CIVIL TERM ORDER OF COURT AND NOW, this r3`f--- day of February, 2003, the within petition for special relief IS DEFERRED GENERALLY. If after the conciliation conference, scheduled for February 20, 2003, the matter is not resolved and plaintiff seeks a hearing on this petition, a hearing date will be expedited. . By the Court, Edgar B. Bayley, J. ' Scott A. Stein, Esquire For Plaintiff Angel Nieves, Jr., Christina Nieves 822 Hummel Avenue Lemoyne, PA 17403 :sal r FEB 2 7 ?C,03 V CATI IERINE .l. BABNIat, : IN THE COlllt'I' OF (,OdiJION PLI..AS OP Plaintiff : CUMBEAMAND COUNTY, PENNSYLVANIA CIVIL ACTION - L:\N' CIIRISTINA NIEVES and NO. 99-6716 CIVIL ANGEL NIF.VES, M , Defendants IN CLISTO1)Y COURT ORDER AND NOW, this ? (1-13 '01* Februat;v, 2002, upon consideration of the attached Custodv Conciliation Report, the prior custod}• orders entered in this case arc vacated and replaced with the following order: ]. The maternal aunt, Catherine ,l. Babncr, and file natural parents, Angel Nieves, Jr. .and Christina Nieves, shall enjoy shared legal custody of Blair \1. Nieves, born March 22, 1999; and Alexander S. Nieves, born February 21, 2002. 2. The natural parents shall enjoc primary physical custoch of the minor children. 3. The maternal aunt shall egjo}• periods of physical custoch• of the minor children as follo%%s: A. On alternating weekends from Friday Through Sunday, with the exact time to be agreed upon by the parties. B. Al such other limes as agreed upon by the parties. 4. In the event both natural parents are incarcerated at the same time, the parties agree that primary physical custoch• of the minor Children shall revert anlomatically to the maternal aunt. !m 5. This order is entered pursuant to an agrcenLent reached by the parties at a custo[h conciliation conference. In the event the parties desire to mo[lil? this order, the p:uties ma} petition the court to have the case again scheduled for :: conference with the conciliator. BY Edgar B. Mi.yley cc: Scott A. Stein, Esquire Dlr. will Mrs. Angel Nieves, ir. 822 Hummel Avenue Lemoyne, PA 17043 ?, . CATHER?NE.?. BABNER, Plaintiff {• CHRISTINA MINES and ANGEL MEIVES,.IR., Defendants Prior.ludge: Edgar B. Bayley : IN TIIF. COURT' OF CON1i1lON PLEAS OF : CUNIll1:RLAND COI1N'I'1', 1'I?.NNSI'LVANIA c CIVIL ACTION - LA11' c NO. 99-6716 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARI' REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Blair M. Nieves, born March 22, 1999; and Alexander S. Nieves, born February 21, 2002. 2. A Conciliation Conference was held on February 20, 2003, with the following individuals in attendance: The maternal aunt, Catherine J. Babner, with her counsel, Scott A. Stein, Esquire; and the natural parents, Christina Nieves and Angel Nieves, Jr., .who appeared without counsel. 3. The parties agree to the entry of an order in the form as attached. a Y 0 3 L/ ( V DATE Hubert X. Gilroy, squire Custoch Concili or