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HomeMy WebLinkAbout04-0447CHRISTINA LOUISE NIEVES Plaintiff VS. ANGEL RALPH NIEVES, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.,fi3 -O y~' ge/,---} CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Christina Nieves. Plaintiff's permanent residence is 822 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The defendant is Angel Ralph Nieves, Jr., residing at an address unknown to the plaintiff. 3. The plaintiff seeks custody of the minor children: Name Present Residence Blair McMillan Nieves 822 Hummel Avenue Lemoyne, PA 17043 Alexander Skye Nieves 822 Hummel Avenue Lemoyne, PA 17043 Age 3/22/99 DOB, 4 ½ years old 2/21/02 DOB, 1 ½ years old The child, Blair McMillan Nieves, was bom out of wedlock. The child Alexander Skye Nieves was born during the parties' marriage. The children are presently in the custody of the plaintiff, who is the biological mother and resides at 822 Hummel Avenue, Lemoyne, PA 17043. During the child, Blair McMillan Nieves' lifetime, he has resided with the following persons and at the following addresses: Name Christina Louise Nieves Samantha Surfield Casandra Surfield Address unknown street address Lemoyne, PA 17043 Date Birth - 8/20/99 Cathy Babner 159 Locustpoint Rd Mechanicsburg, PA 8/20/99 to 3/27/01 Christina Louise Nieves Angel Ralph Nieves, Jr. Samantha Surfield Casandra Surfield Carlisle Pike Mechanicsburg, PA 3/27/0l to 12/21/01 Christina Louise Nieves Angel Ralph Nieves, Jr. Alexander Skye Nieves Samantha Surfield Casandra Surfield 822 Hummel Avenue Lemoyne, PA 17043 12/21/01 to 4/03 Angel Ralph Nieves, Jr. Alexander Nieves 822 Hummel Avenue Lemoyne, PA 17043 4/03 to 8/03 Christina Louise Nieves Alexander Nieves Samantha Surfield Casandra Surfield 822 Hummel Avenue Lemoyne, PA 17043 8/03 to present During the child, Alexander Skye Nieves's lifetime, he has resided with the following persons and at the following addresses: Name Christina Louise Nieves Angel Ralph Nieves, Jr. Blair McMillan Nieves Samantha Surfield Casandra Surfield Address 822 Hummel Avenue Lemoyne, PA 17043 Date Birth to 4/03 Angel Ralph Nieves, Jr. Blair McMillan Nieves 822 Hummel Avenue Lemoyne, PA 17043 4~3to8~3 Christina Louise Nieves Blair McMillan Nieves Samantha Surfield Casandra Surfield 822 Hummel Avenue Lemoyne, PA 17043 8/03 to present The mother of the children is Christina Nieves, currently residing at 822 Hummel Avenue, Lemoyne, PA 17043. She is separated from the defendnt. The defendant is Angel Ralph Nieves, Jr., currently residing at an address unknown to the plaintiff. He is separated from the plaintiff. 4. The relationship ofplaintiffto the children is that of mother. The plaintiff currently resides with the following persons: maine Blair McMillan Nieves Alexander Skye Nieves Samantha Surfield Casandra Surfield Relationship son son daughter daughter 5. It is unknown with whom the defendant currently resides. 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Under the current Protection From Abuse Order, the plaintiff has primary physical custody of the children and the defendant has periods of partial custody at times agreed upon by the parties. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. There was a prior Court Order dated February 28, 2002. (A copy of this Order is attached hereto as Exhibit A) Under this order, defendant and a maternal aunt, Catherine Babner, shared legal custody with the plaintiff. a. As to defendant, his rights under the prior Order are superceded by the custody provisions of the Protection From Abuse Order dated September 16, 2003. b. The maternal aunt, Catherine Babner, makes no claim for custody under the prior Order or any claims adverse to plaintiff's petition heroin. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has provided for the children's emotional, physical, educational, and medical needs including establishing a stable home enviromnent for children, and she can continue to provide for the children. b) The mother is the parent who can best facilitate any interaction between the children and the defendant. c) The defendant has not acted in the best interest of the children in ways including but not limited to the following: i) The defendant has been abusive to the plaintiff throughout the parties' relationship and has carried out this abusive behavior in front of the children. The abuse reached a level so serious that the plaintiff required a Protection From Abuse Order, which was entered on September 16, 2003. ii) The defendant's behavior continues to be violent and abusive towards the plaintiff to the extent that he has twice violated the Protection From Abuse Order and has been sentenced for two indirect criminal contempt violations and received a year of supervised probation. Despite these two convictions, the defendant still continues to contact the plaintiff, in direct violation of the Protection From Abuse Order. iii) The defendant does not have a stable residence and cannot provide for the day-to-day care and needs of the children. iv) The defendant has a serious alcohol addiction and has been intoxicated in front of the children. Moreover, plaintiff has reason harlTl. to believe that the defendant has driven the children in a vehicle while he was intoxicated, placing their lives in danger. v) The defendant recently had a car accident, resulting from a drunk driving incident, in the parties' only available vehicle, leaving the plaintiff to borrow vehicles from other friends and family members to carry out her day-to-day business. vi) The mother fears that without a custody order in place, the defendant will try to remove the children from her care and custody and prevent her from maintaining a parent-child relationship with them. 10. Without the action of the court, the mother and the child are in danger of irreparable 11. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the child. b. Order the defendant to undergo alcohol and drag counseling. c. Order the defendant to attend parenting classes and retain the services of Parentworks, if appropriate. d. Grant the defendant periods of partial custody on alternating weekends from Friday at 9:30p.m. until Monday at 12:00 noon. The periods of partial custody shall take place at the defendant's sister's home. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as pa~ies to this action. WHEREFORE, the plaintiff requests this Court a. Grant her primary physical and legal custody of the child. b. Order the defendant to undergo alcohol and drag counseling. Order the defendant to attend parenting classes and retain the services of Parentworks, if appropriate. Grant the defendant periods of partial custody on alternating weekends from Friday at 9:30p.m. until Monday at 12:00 noon. The periods of partial custody shall take place at the defendant's sister's home. Respectfully submitted, J ~~ ~~ndstone Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named Plaintiff, Christina Louise Nieves, verifies that the statements made in the above Complaint for Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. .. ' / 01/29/2004 03:36 7177968241 CATHI B~BNER PAGE 02 2 7 2003 CATHERINE J. BABNER, Plaintiff CHRISTINA NIEVES and ANGEL NIEVES, Jla, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - 6716 CIVIL ' IN CUSTODY COURT ORDER AND NOW, ~ .~' ~' day of February, 2002, upon consideration of the attached Custody Conciliation Report, the prior custody orders entered in this case are vacated and replaced with the following order: The maternal aunt, Cathexine J. Babner, and the natural parents, Angel Nieves, Jr. and Christina Nieves, shall enjoy shared legal custody of Blair M. Nieves, born March 22, 1999; and Alexander S. Nieves, born February 21, 2002. The natural parents shall en~oy primary physical custody of the minor children. The maternal aunt shall enjoy periods of physical custody of the minor children as follows: Aa On alternating weekends from Friday through Sunday, with the exact time to be agreed upon by the parties. B. At such other ~ az ~ ~ by the parties. In the event both natural parents are incarcerated at the same time, the par~ies agree that primary physical custody of the minor children shall revert automatically to the maternal aunt. 01/29/2004 03:36 7177968241 CATHI BABNER PAGE 03 This order is entered pursuant to an agreement reached by the parties at a custody conciliation conference. In the event the parties desire to modify this order, the parties may petition the court to have the case again scheduled for a conference with the conciliator. BY THE COURT, CC: Scott A. Stein, Esquire Mr. and Mrs. Angel Nieves, Jr. 822 Hummel Avenue Lemoyne, PA 17043 Edgar Il. Bayley 81/29/2884 83:36 7i77968241 CaTHI BABNER PAGE 84 CATHERINE J. BABNER, Plaintiff V CHRISTINA NIEVES and ANGEL NIEVES, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 99 - 6716 CIVIL : : IN CUSTODY Prior Judge: F_,dgar B. Bayley CONCILIATION CONFERENCE SUbOdARY REPORT IN ACCORDANCE WITH THE CR/MI~ERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertn_ining 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. A Conciliation Conference was held on February 20, 2003, with the following indlviduols 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. DATE Hubert X. GilroyyEsquire Custody Concill~or CHRISTiNA LOUISE NIEVES Plaintiff VS. ANGEL RALPH NIEVES, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03 - CIVIL TERM : : CUSTODY AFFIDAVIT OF SERVICE BY MAIL 1, Jessica Diamondstone, do hereby swear that I served Angel Ralph Nieves, Jr. with a Complaint For Custody on February 4, 2004 by certified mail, return receipt, restricted delivery, to the person and address below: Angel Ralph Nieves, Jr. C/o RBT Track and Trailer Services 7833 Linglestown Road Harrisburg PA 17112 I, Jessica Diamondstone, verify that the statements made in this Affidavit of Service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature: CHRISTINA LOUISE NIEVES Plaintiff' VS. ANGEL RALPH NIEVES, JR., Defendant M;dPenn Legal ServicS$ 8 Irvine Row Cartisle PA 17013 1717)243-9400 -800-822-5288 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ,08"- v ~-/ '¥ %, ? CIVIL TERM CUSTODY PRAECIPE TO PROCEED 1N FORMA PAUPERI~ To the Prothonotary: Kindly allow, Christina Louise Nieves, Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, attorney for the party proceeding i_n forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessica/Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 MLdPenn Legal ServiCeS 8 Irvine Row Cardsle PA 17015 ~717) 243-9400 .800-822-5288 CHRISTINA LOU1SE NIEVES Plaintiff VS. ANGEL RALPH NIEVES, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9"Y- ~' 4- ~ ~ ~ CIVIL TEmX4 CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERiS To the Prothonotary: Kindly allow, Christina Louise Nievcs, Plaintiff, to proceed in f_orma paul5. I, Jessica Diamondstone, attorney for the party proceeding ij! forma ~, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Jessica/Diamondstone Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CHRISTINA LOUISE NIEVES PLAINTIFF ANGEL RALPH NIEVES, JR. DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-447 CIVIL ACTION LAW · ' iN CUSTODY ORDER OF COURT AND NOW, Friday, February 13, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. _, the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 26, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, fo define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl~. FOR TIlE COURT. By: /s/ [-lubert X. Gilroy. Esq, Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI-IE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CHRISTINA LOUISE NIEVES, Plaintiff ANGEL RALPH NIEVES, JR., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 04-447 ~f : NO. 99- 6716 : IN CUSTODY COURT ORDER AND NOW, this /~qb~ day of April, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The mother, Christina Louise Nieves, shall enjoy legal and physical custody of Blair McMillan Nieves, born March 22, 1~)9 and Alexander Skye Nieves, born February 21, 2002. 2. The father, Angel Ralph Nieves, Jr., shall enjoy periods of temporary physical custody at such times and under such circumstances as the parties may agree. In the event the father is not satisfied with the periods of custody afforded to him by the mother, father may petition thc court to have the case again scheduled with the custody conciliator for a conference. 3. It is noted that Catherine J. Babner was not ~tamed a party in this action and was not formally served with notice of the conciliation conference. Counsel for the plaintiff is directed to provide a copy of this court order and the accompanying custody conciliation report to Ms. Babner after which Ms. Babner may petition the court to have the case again referred to the custody conciliator if she is in any way in disagreement with this order. 4. Counsel for the plaintiff is also directed to serve a copy of this order and the accompanying custody conciliation report upon the father once the whereabouts of the father are determined. BY--T, Judge Jessica Diamondstone, Esquire .t~,-/ /n~o~ ~/~.2 7~ 0¥ APR 2 2 2004 CHRISTINA LOUISE NIEVES, Plaintiff V ANGEL RALPH NIEVES, JR., Defendant Prior Judge: Edgar B. Bayley, Jr. : CIVIL ACTION - LAW : NO. 04 - 447 : NO. 99-6716 : IN CUSTODY IN THE COUI~'.T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Blair McMillan Nieves, born March 22, 1999 anti Alexander Skye Nieves, born February 21, 2002. A Conciliation Conference was held on April 15, 2004, with the following individuals in attendance: Mother, Christina Louise Nieves, with her counsel, Jessica Diamondstone, Esquire. Father was provided notice of the conciliation conference when he was in the Cumberland County Prison. Father has been released from prison, but did not appear at the conference. Mother relates that she has had discussions with the father and father acknowledged that he was aware of the ce,nciliation conference. At Docket No. 99-6716, there was a prior order givkng the maternal aunt, Catherine J. Babner, rights with respect to periods of tempocary physical custody with the minor children. Ms. Babner was not named a parly to this action, but the mother and her attorney relate that Ms. Babner is not interested in asserting any claims for custody. The children are currently in the custody of the mother. Mother had f'ded a Protection From Abuse action against the father at Docket No. 03-4404. At the PFA docket number order of September 16, 2003, the court awarded mother custody of the minor children and gave father periods of tempo~:ary custody at such times as the parties would agree. 5. The conciliator recommends an order in the form as :attached. DATE Hubert X. G~oy, Esquire Custody C, dnciliator