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Home My WebLink About94-02641 d d "7- A-i I I I ~ \\ ) / , I -': " ~ ~1 I -.... ..... OO909O-OOOOllMay 12, 1994/JLH/KKM/35210 DORCHINA K. DA V ALA, Plalnllff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 94- ,~tc41 CIVIL TERM v. IN CUSTODY LISA N. NICKS and ROBERT NICKS, Defendants ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before ~""'~'(" I L And,... (":Y1, ,theConcillator,ontheJl'~day , S-8~- /l~. I fa;j of .::T 11\.1\ t .1994, at ~ L.M. i~ , fleer eflhm nmhpr @J <; t Lt"" rr-o"l eJ./' ClJUlliy Cuu,d,uu.", lisle. Pennsylvania, for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues and disputes; 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 shall also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent Order, For the Court, By: Custody Conciliator - t::.:( '14' YOU SHOULD TAKE mIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle. Penru.ylvania 17013 Telephone: (717) 240-6200 ~ky 19 iU Li2 ".1 '9~ ; , " , "-, -~ ',J;., '.", ''.lY ,.,,-, '. OO909O-OOOOIIMey 12, 1994/1LH/KKMl3~210 .! 6. The father of the children is the Defendant, Robert Nicks, who is believed to be residing In the Charlotte, North Carolina area and who has had Iitlle or no conlact with the children in the last five (5) years. 7. In the last five (5) years, the children have resided at various addresses with various people, too numerous to mention. 8. The children's last official address was with Defendant, Lisa N. Nicks, at 1210 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, where they resided since approximately September 1993. 9. The relationship of Plaintiff to the children is that of grandmother. 10. Plaintiff currently resides with the following persons: ~ LeMel Gilbert Amlah M. Nicks Anyea Nicks Hakeem R. Nicks RelationshiD Spouse Granddaughter Granddaughter Grandson 11. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 12, Plaintiff has no information of a custody proceeding concerning the children pending In a Court of this Commonwealth. 13. 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 righls with respect to the children. 14. Each parent whose parental righls to the children have not been terminated and who has physical custody of the children have been named as parties to this action. OO909O-OOOOllMey 12, 1994/JLH/KKMm210 IS. On or about Sunday. May 8. 1994, the children were sexually assaulted at the residence located at 1210 Walnut Street. Harrisburg, Dauphin County, Pennsylvania by an individual who is currently being sought by the Harrisburg Police Department. This Is not the first such Incident of sexual abuse, 16. The Defendant, Lisa N. Nicks, has repealedly neglected the children's emotional, physical and medical needs, and placed the children at risk for sexual abuse. 17. In light of the Defendanl's disappearance, Plaintiff has filed a Petition for Special Relief and Is seeking an emergency Temporary Cuslody Order so that the Plaintiff may consent to medical treatment, including an HIV test for the children. 18. If a Temporary Custody Order is entered. the Plaintiff and her counsel will make their best effort to attempt to locate the Defendants and serve them with notice prior to the conciliation conference. 19. The best interest and permanent welfare of the children will be served by granting Plaintiff temporary primary physical and legal custody of the children for the present, and permanent physical and legal custody of the children for the future. WHEREFORE, Plaintiff requests the Court 10 grant her sole physical and legal custody of AMIAH M, NICKS, ANYEA NICKS, and HAKEEM R. NICKS. Respectfully submitted. JOHNSON, DUFFIE. STEWART & WEIDNER . - BY: Q0909O.OOOOIIMey 12, 1994/ILH/KKMIJS210 ~ . VERIFICATION I, Dorchlna K. Davala, do verify thai the statemeniS made In the foregoing Complaint for Custody are true and correct to the best of my knowledge, Information and belief. 1 understand that false statemeniS made herein are subject to the penalties of 18 Pa.C.S. 64904 relating to unsworn falsification to authorities. ~A~Q'""-_ k'~ Dorchina K. Davala Dated: 5 /;~ /1<; , ~" ('~'" , \ '-"0_.. ._~ f)::!i ~~~ D.o><~ ~~~~ e ,u12 iH f!l!J ~r~ ;?; - "... ~. "i IJ, '" -- -- = -- "- ~, ~ "" "" ~ ~ ~ ~ :J ~ ~ ~ '. ~ J\> 'iJ I::l ~ -~ '"'l.. , , \ (:6 o ~ ''') :::t ~~ r" ~ -.. ............ ". t:..J ~ l.tj a . ~ "') ~ " t. c, .' C, 'vI :,1 "1 - ~ ::-. <:...i " , . i\ ~ ~ H Z ! ~ ~ ] 2l ; ~ I ~ ~ ~ I ~ ~ ~ ~ euf~ ~~ IE ii: 8 E 1l ~ o lJ.o 111 ~ .. !2 ~5~~~~ :i ~ 0 I!! o !!! ~ Vl j: 0 z - ::I: 9 o .... ~ H Z > :i C1i ~ , ~ /,'1\') l..7- /':.~ , " . . . 00909().()()()(J1May 12. 19941JLHIKKMI35210 - DORCHINA K, DA V ALA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA 94- /J ~ '-II CIVIL TERM IN CUSTODY v. LISA N. NICKS and ROBERT NICKS, Defendants TEMPORARY CUSTODY ORDER fv11111,1 '/7 'I, AND NOW, upon consideration of the attached Petition for Special Relief, it is hereby ORDERED and DIRECTED that the Plaintiff, Dorchina K, Davala, be granted temporary physical and legal custody of her minor grandchildren, AMIAH M. NICKS, ANYEA NICKS, and HAKEEM R, NICKS, including the authority to consent on behalf of the children to medical treatment and/or testing. This Order is to remain in effect until such time as a Custody Conciliation Conference is held on the Custody Complaint filed in this matter. BY THE COURT: /"" /' I . J. p.~( 18 il 31 .Iii '911 .,f '.Ii :/'1 .:' " : r ,\ ,. ',.'. '. - OO909O-OOOOllMay 12. 1994/JLHIKKMI3S210 - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA 94- ;j it Lj I CIVIL TERM IN CUSTODY DORCHINA K. DAVALA, v. LISA N. NICKS and ROBERT NICKS, Defendants PETITION FOR SPECIAL RELIEF I. The Plaintiff. Dorchina K. Davala. is an adult Individual residing at 503 Grant Drive. Camp Hill, Cumberland County, Pennsylvania. 2, The Defendant, Lisa N, Nicks, Is an adult individual with a last known address of 1210 Walnut Street, Harrisburg, Dauphin County. Pennsylvania. 3. The Defendant. Robert Nicks, is an adult individual who is believed to be residing in Charlotte. North Carolina area, 4. The D~fendants are the parents of the following children: ~ .w Amiah M. Nicks Anyea Nicks Halceem R. Nicks 10 (DOB 4/20/84) 8 (DOB 3/23/86) 6 (DOB 1114/88) 5. The children are currently in the cuslody of the Plaintiff who is residing with them at 503 Grant Drive, Camp Hill, Cumberland County, Pennsylvania, 6. Contemporaneously with the filing of this Petilion. the Plaintiff has filed a Custody Complaint seeking Ie physical and legal custody of the children. . u~ ~ I ~ ~ <( ~ ~ ~ ~ en !II :!; i~~~ .... +J ~ ~ ~ ~ ~ ~ fa ~ +J 'E 8 . ~ !rl ~ ~ .~ 'E .fl iElE9~g~ III ~~ a ~ III 2l Ul 0:J~~ .' ~ ~ ~ ... 0 ~ :i 0 oil.:.. . ~ Q ~ ~~,~ , . z .. l<: > ..... z I o ~ 0 ~ VJ _ . ~ s z ~~~ ~ i1i 0 ~ ..... ..;l (. '- ~. , , ; /, . I I ! , JUL 0 1199~ dL I I DORCHINA K. DAVALA, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUHBERLAND ) COUNTY, PBNNSYLVANIA vs. ) ) NO. 94-2641 CIVIL TERM LISA N. NICKS and ROBERT NICKS, ) Defendants ) CUSTODY ORDBR AND NOW, this S'day of ~, 1994, upon receipt and review of the conciliator's report, it appearing that neither of the biological parents of the minor children are located in Pennsylvania presently and the Plaintiff and her counsel, after reasonable investigation, are not able to ascertain the whereabouts of either of the biological parents, but it appearing that the biological mother, Lisa N. Nicks, has at least been verbally notified of these proceedings by the Plaintiff, we hereby enter the following order: 1. Exclusive legal and physical custody of the minor children, Amiah H. Nicks, born April 20, 19S4, Anyea Nicks, born Harch 23, 1986, and Hakeem R. Nicks, born January 14, 1988, is hereby awarded to the Plaintiff, their maternal grandmother, Dorchina K. Davala. 2. We set no schedule of temporary or partial custody for the biological parents or any other party with the children at the present time, in large part because of the extreme history of thi5 case. In the event that either of the biological parents, or any other party, wishes to have temporary or partial custody of or visitation rights with any of the children, we will consider that request when it is presented to the court in a proper petition. ,; 1 . . 3. The Plaintiff is hereby expressly authorized to consent to, on behalf of the children, medical treatment, educational planning, and religious training or upbringing of the children. The Plaintiff herein is hereby awarded all full rights of legal custody in the children including the right and responsibility to make all decisions regarding their healthcare, their education, and t J. Joseph L. Hitchings, Esquire Attorney for Plaintiff .- ~..~.{ 7/5/,N. ...a:f. , Isla 2 , i, JUt J 8 5;) ~H '9~ , . , " 'f'i I ~ I. < ". " ., . " . . DORCHINA K. DAVALA, Plaintiff ) ) ) ) ) ) ) CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2641 CIVIL TERM LISA N. NICKS and ROBERT NICKS, Defendants JUDGE PREVIOUSLY ASSIGNED: The Honorable J. Wesley Oler, Jr. CONCILIATOR CONFHRIlNCB BIDIKARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the SUbject of this litigation is as follows: NAME CURRENTLY IN CUSTODY OF BIRTHDATE April 20, 1984 Harch 23, 1986 January 14, 1988 Plaintiff Plaintiff Plaintiff 2. A Conciliation Conference was held on 28 June 1994 and the following individuals were present: the Plaintiff and her attorney, Joseph L. Hitchings, Esqui re . II 3. II This is a bizarre case which requires prompt and firm action. I 4. The only source of information about these children was from the I !grandmother, who is the petitioner. , , I iby her, but I have no reason to doubt its accuracy. i maternal All of the information in this report was supplied 5. The children's father left Pennsylvania, and their lives, more than three : years ago. They have had no l!ontact with him since that time. 6. Until some time in the spring of 1994, the children resided in Harrisburg with their mother and other persons unknown to the petitioner. Some time prior to the beginning of Hay, the mother left Harrisburg with a boyfriend, who was pending criminal trial in Dauphin County. Apparently the boyfriend skipped his bail, took Hs. Nicks, and the two of them fled the area. They remain fugitives to this time. I 7. On the first of Hay the petitioner was contacted by Children and Youth II Services of Dauphin County who requested that she come to the hospital in HarriSburg to Ilconsent to the medical examination of the children. Two of the children had [I apparently been raped by the man with whom the mother had left them when she fled with Ilher boyfriend. That man, Gregory Addison, is now pending trial in Dauphin County for I'rape or child molestation. Because Children and Youth Services would not allow the children to be returned to the mother's home in Harrisburg, the grandmother took them with her I location Ii 8. I provides to live in her residence in Camp Hill. since 1 Hay 1994. They have been with her at that The grandmother is employed as a caregiver through a private agency. She care for a 23 year old woman who is physically disabled by that woman coming to the petitioner's home three days a week for that care. Petitioner is married to Lennel Gilbert, a printer who has been employed by a Hechanicsburg printing company for approximately four years. The two of them live in a large townhouse in the Foxcroft development in Lower Allen TownShip. The petitioner claims that they have more than adequate room and financial resources to care for the children. 9. The petitioner has taken steps to correct the problems in the children's : lives. She has made a home for them, has started the process of transferring them to : the West Shore School District, and has enrolled them in a counseling program. This woman may well be the only oasis of Banity and security in the very difficult short lives these children have lived to date. 10. I have drafted an order which simply expands upon Judge Oler's temporary order of 17 Hay 1994. Hopefully the two parents will stay out of these children'B lives until they have a chance to settle into a more normal and healthy lifeBtyle and are old enough, and strong enough, to overcome the damage done to them by the parentB already. 11. With the entry of the attached order, no further action is neceBBary at this time. 30 June 1994 .&-!PJ Q Custody Conciliator DORCHINA K. DAVALA, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA vs. ) ) NO. 94-2641 CIVIL TERM LISA N. NICKS and ROBERT NICKS, ) Defendants ) CUSTODY ORDER AND NOW, this day of , 1994, upon receipt and review of the conciliator's report, it appearing that neither of the biological parents of the minor children are located in Pennsylvania presently and the Plaintiff and her counsel, after reasonable investigation, are not able to ascertain the whereabouts of either of the biological parents, but it appearing that the biOlogical mother, Lisa N. Nicks, has at least been verbally notified of these proceedings by the Plaintiff, we hereby enter the following order: 1. Exclusive legal and physical custody of the minor children. Amiah M. Nicks, born April 20, 1984. Anyea Nicks, born March 23, 1986, and Hakeem R. Nicks, born January 14, 1988. is hereby awarded to the Plaintiff, their maternal grandmother, Dorchina K. Davala. 2. We set no schedule of temporary or partial custody for the biological parents or any other party with the children at the present time, in large part because of the extreme history of this case. In the event that either of the biological parents, or any other party, wishes to have temporary or partial custody of or visitation rights with any of the children, we will consider that request when it is presented to the court in a proper petition. 1 3. The Plaintiff is hereby expressly authorized to consent to, on behalf of the children, medical treatment, educational planning, and religious training or upbringing of the children. The Plaintiff herein is hereby awarded all full rights of legal custody in the children including the right and responsibility to make all decisions regarding their healthcare, their education, and their religious training. By the Court, J. Joseph L. Hitchings, Esquire ,Attorney for Plaintiff sla 2