Loading...
HomeMy WebLinkAbout96-05503 Sherry L. Stili th, Pia i n l iff I N TilE COlIRT OF r~mH,ION PLEAS OF ('IIM[1FRI ANIl ('OllNTY, PENNSYLVANIA v, NO, C)(,- 5~{{;J ('IV!L TERM Darick F.A. sori, Defendant PROTEr'T10N FROM MlllSF AND CllSTOtW TEMPORARY PROTECTION ORDER AND NOW, this '1..... dny of October, 19C}(" upon presentation arid cnllsic!cl"nt iorl ()f the withirl Petition, arld upall finding thllt the plaint iff, Sherry L. Smitl" now residing at CJ2 Victory rhurch ROAd, Gflr(ln~rs, ~unll)erIRn(1 ~ourlty, Pennsylvania, is in immediate and present danger of nhuse from the defendant, Darick Sofi, the following Temporary Order is entered, The defendant, Darick LA, Sofi, (11-25-6CJ) now residing lit II location unknown to the plaintiff, is hereby enjoined from physically abusing the plllintiff, Sherry L. smith, or plllcing her in fear of abuse. The defendant is ordered to stay away from the plnintiff's present residence, to whict, the plaintiff moved to avoid abuse and whicb is not owned or len.ed by the defendnnt, and from any other residence the plfLinliff InAY est'lhl ish. The defendnnt i. ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone llnd written conlmunicalions. TIle (leferlclllnl is enjoine(1 r"(1111 tlRfllssing An{l stRiking the plllintiff And from hal'llSsing the plainliff's relatives. The ('ulllherland rllunty sheri rr'... Department shnll attempt to make service Ilt the plaintiff'o.; fl.qUl....t and without pre-pnyment of fees, tlut ~ervice 'Tiny t)e ItCl'(llllpl istlcd Undel" any appl icahle rule of civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service. The Prothonotary shul I not send u copy of this Order to the defendant by ma i I. The Pennsylvania State Pol ice Department wi II be provided with a certified copy of this Order by the plaiotiff's attorney. This Order shall be enforced by any law enforcement agency where a violat ion occurs by arrest for i nd i rect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of the pol ice officer. Tn tbe event that an arrest is made under this section, the defendanL shall he taken without unnecessary delay before the court that issued the order. When that court is unavai lab1e, the defendant shall he taken hefore the appropriate district justice. (23 Pa.C.S. ~ 6113). By the Court, sherry L. Smi tho Plaintiff IN THE COUHT OF COMMON PLEAS OF CUMREHLAND COIiNTY. PENNSYLVANIA v. NO. 9(,- CIVIL TERM Da r i c k F. A, So f i , Defendant PHOTECTTON FROM ARlJSE AND CUSTODY No'rTCE You have heen sued in court. If you wish to defend against the claims set forth in the following pages, you musL take action promptly after this Petition, Order and Notice are served, hyappearing personally or hy attorney at the hearing scheduled hy the Court and presenting to the Court your defenses or ohjections to the claims set forth against you. You are warned that if you fai 1 to do so the Court may proceed without you, and a judgment may he entered against you hy the Court without further notice for any money claimed in the petition or for any other claim or rei ief requested hy the plaintiff. You may lose money or property or other rights important to you. FEES AND COSTS If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 wi I I be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. 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. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (7 17) 240-6200 AMERICANS WITH DISAlHl.1TIES ACT OF 1990 The Court of Co~non Pleas of Cumberland County is required by law Lo comply wi th the Americans wi th Disahi I ities Act of 1990. For information about Rccessible foci 1 ities Rnd reasonable RccolnlnClclHtions available to disahled individuals having husiness he fore Lhe court, please contact our office. All arrangements must he made at least 72 hours prior to any hearing or l>usiness before the court. VllU must attend Lhe scheduled conference or hearing, H. On or Ithout Septt'lIIht'r 20, IQQfi, thl' defendHot threalened to punl'h the plaintiff and hel' nephew. Later that evening, I,he ,"'fendanl repeatedly called the plaint i ff and hilera.sed her for a loog period of time. h. On or ill">I,t June 2<), 1<)<)6, the defendant choked the plaintiff until she lost consciousness causing her to fear for her I ife. The defendant threatened to kil I the plilint iff ilnd choked her agllin. When the plaintiff tried to escape in the Cllr, the defen,lant forcefully dragged her out of the ear hy her Ilrm, put his haod over her mouth, and drllgged her back into the house. c. On or ahout June 13, 1<)96, the defendant punched the plaint i 1'1' in her face causing bleeding from her nose, loss of consciousness, and hlack eyes. d. On several different occasions since 1994, the defendant threatened to ki 11 the plaintiff, forcefully pushed her, and drew his fist back as if to hit her and then punched the wal I. On one occaion in 1<)93, when the plaintiff waS pregnant, the defendant forcefully pushed her over a car seat causing her to filii to the floor. 5. The plaintiff hel ieves and therefore avers that she is in immediate and present danger of ahuse from the defendant and thot she i. in need of protection from such abuse. 6. The plaintiff desires that the defendant he prohihited 2 frolll having Hny direct or indirect contact with the plflintiff or the minor children includinE, hut not limited to, telephone Hnd written communicat inns, except for the I imi ted purpose of fHCi I i tat ing custody arrangements. 7. The plaintiff desires that the defendant he enjoined from haras.ing Hnd stalking the plaintiff, and from harassing the plaintiff's relatives. R. The plaintiff desire. that the defendant be restrained from entering her place of elnployment. 9. The plaintiff desire. that the defendant be enjoined from removing, damaging, destroying or sel ling any property owned jointly hy the parties or owned solely by the plaintiff, Il. LOSSES AND REIMIlIJRSEMENT FOR COST OF CASE 10. The plaintiff asks that the defendant be ordered to pay $250,00 to reimhurse one of Legal Services, Inc. '. funding sources for the cost of litigating this case. C. TEMPORARY CUSTODY 11. The plaintiff seeks temporary custody of the following children: Name Present Residence ARe Darick F.A. 9? Victory Church Rd. 5 yrs, old Sof i , Jr. Gardners, PA (DOR: 12-30-91) Eric W. Sof i 92 Victory rhurch Rd. 3 yrs. old Gardners, PA (DOR:6-25-93) Brenna L. S0f i 92 Victory Church Rd. 2 yrs. old GftJ'dners, PA (DOB:12-14-94) 3 The children Wl're horn out of wedlock. The children are prec>ently in the custody of the plaintiff, Sherry L. Smith, who resides at 92 Victory Church Road. Gardners, rLlmllerlnnrl County, PenrlsylvnniH. sioce their births. the children have resided with the fol/owing persons and fit the following "dd,'esses: Name Addresses Dlltes Plaint iff 92 Victory Church Rd. Defendnnt, GarrlnerR, PA Martha and Paul Smith (Plaintiff's parents) 1991 to 1992 Plaint i ff IInd Defendant 43 Greenhouse Rd. Gardner5, PA 1992 to 6/96 Plaintiff, Martha and Paul Smith, and Dennis Smith (Plaintiff's nephew) 92 Victory Church Rd. Gtlrrlners, PA 6/96 to Prescot The plaintiff, Sherry L. Smith, the mother of the chi Idren, currently resides at 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania. She is flwrried. The plaintiff currently resides with the following persons: Name Relationship Darick Sofi, .II', Son Eric W. Sofi Son Breana L. Sofi Daughter Martha E. Smith Mother 4 PHIII smith fllth"r nennh Smith :'<:ephl>w The defendant, flarick f.A. s"fi, the fllther of the children, currently resides at H li.lCalion unkllown to the plaintiff. lie is single. 12. The plaintiff has not previously pHrticipated in any I itigation concerning custody of the above mentioned chi Idren in this or any other Court. 13. The plaintiff has no knowledge of any custody proceedings concerning these children pending before a court in this or any other jurisdiction, 14. The plaintiff does not know of any person not a party to this action who has physical custody of the chi Idren or claims to have custody or visitation rights with respect to the children. 15. The hest interests and permanent welfare of the minor children wi 11 he met if custody is temporari ly granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a responsible parent who can hest take care of the minor chi l<lren. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor chi Idren. WHEREFORE, pursuanL to the provisions of the "Protection from Ahuse Act" of October 7, 1971>, 23 Pa.C.S. ~ 6101 et seu., as 5 amended, the pluifltifr prays this Honorable ('ourt tn grltnl lht., following relief: A. Gr;tflt It 'fenlpOrJII'Y Orrler pllr~U;lnt to ttl~ IIProtect inn from Ahuse Act:" \, Orrlering the defenrlant tn refrain from abusing the plainti ff Rnd placing her in fear of abuse, 2. Ordering the defendant to refrain from hnving any direct or indirect contact with the plaintiff or the minor chi Idren including, hut not I imi ted to, telephone tln~ written c()lnlnunicltlions, except to faei 1 itate custody ItffRngements. ), Ordering the defendant to refrnin from hnrasslng Hnd stalking the plaintiff nnd from 118fassirlg ti,e plaintiff's relatives, 4. Prohibit ing the defendant from entering the plnlnti ff's plnce of employment. ~. Pl"c)hihitiTlg tile defendant from removing, (1lll11Hgirlg, destroying or sel ling property jointly owned by the parties or owned solely by the plaintiff. 6. Ordering the defendant to stay aWIlY from the plRinti ff's residence located at q2 VicLory Church Rcl, GHrrlners, CUln!JerlRrld rnllnty, Pennsylvania, which tile pilrLies have never sh/lred, Rnrl from Rny 6 other re...idL'fll'(' 'II(' plHinlirf may e..,tHhli....h, t~xt'ept for It,,! I illlitl.d plIr!Hl'd.! of triln...rl'rring custody llf 'ill' pltl'I il'....' chi Idrl'lI. shall relllltin if! hi.... vf'hicle at al The d,'fendllnl t i riles du f' i ng the t r 11ft <.; f f' r f) feu... t 0 d y . 7. Cd'/tnt ifl!~ tcmporary cllslody of the minor children to the plllintiff. R. Schedule n llt..aring in accordance with the provisions of the "Protection from Ahuo;;e Act," H11(1 , (tfter such heHring, ent('r an onler to be in effect for Ft period of one year: I, Ordering the defendAnt to refrain from ahusing the plaintiff And plllcing her in feRr of abuse. 1. Ordering the defendAnt to refrAin from having any direct or indirect cnntact with the plaintiff or the minor children including, hut not limited tn, telephone and written communications, except ttl faei I itate cuc;;tody Hrrangements. 3. Ordering the defendant to refrHin from harassirlg Hod stAlking tIle plaintiff Rnd from hHrassing lh~ plaintiff's relatives. 4. Prohihiting the defendAnt from entering the plaintiff's place of employment. S. Prohibiting the defendant from removing, rlamaging~ desl:roying or selling property jointly 7 (lWrlt'l! hy till' [lill t it..... or tlYdwd '-tol(,' Iy hy t ht, (> I a i Ilt i rr (1. Ortlt'r ing thl' dl'fendant tn stay i1way from the ()lllint iff's resitlence !<)cated lit q2 Victory ~hurcll Rd. Gardnl'rs, ('urnht.rli'ind rnunty, Pennsylvania, whicli tlle ();trtit.s llhve neve,' sharerl, ;In(1 Kny other residence the plaintiff may estahlish. except for the I imi ted purpose of transferring custody of the parties' children. The defendant shall remain in his vehicle at all times during the transfer of custody. 7. Ordering the defendAnt to pay $250.00 to reimhurse one of Legal Services, Inc.'s funding sources for the cost of litigAting this case. The plaintiff further asks that this Petition he filed and served without payment of fees And costs by the plaintiff. pending fl further order at the heRring, and thHt certifien copies of this Petition and Order he del iverer! to the PennsylvaniA State Police Department which hilS jurisdiction to cnf()J"ce this Of(ler. The pI1:lint i ff prays for such other rei ief HS may he just and proper. r:OtJNT I I (cUSTODY tJNDER PENNSYI.VANIA (ClJSTODY I.AW 16, The allegFltion,... of r(lunt T <thove are incorporated herein ilS if fully set fnrth. g chi Idren wi II he served hy confi rming '''I'tody in the plaint i ff as 17. The hest int~rcst and pl' rlllHTlen l wel fare of the minor set forth in pnragrnph 15 or th,' pet i t ion, WHEREFORE, pursuant to 23 Pn,r.s. ~ 5301 ~!. <;eq., ann other applicahle rules fllld ,"w, the plainti ff prays this Honorable Court to award cu.tony of the minor chilnren to her. The plainti ff prays for such other rei ief a. may be just find prope r. Respectfully suhmitted, ~ ?f-'1L~,J (!2VrP ~/ Joan Carey, Att;:tf.ey for plaintiff LEGAL SERVTCES, TNC. 8 Irvine Row rarl isle, PA 17013 (717) 243-9400 g The above-named plllintiff, Sherry I, Smith, verifies that the stalenlents made in tile al)ovc Pctili(lrl a('e true nnel correcl. The plaintiff understands that false stlltements herein are made subject to the penalt ies of lR Pa.e.S. ~ 4904 relating to unsworn falsification to authorities. Date:_ IO-3-9~ ...Jh"'AtI J. L;a Sherry L. Smith, Plaintiff Uardncrs, Cumberland County, Pcnnsylvania, and any othcr residcnce the plaintiff may establish, except fur the limited purpose of transferring custody during which times the defendant shall remain in his vehicle. 7. This Order shall remain in effect for a period of one year or until modified or terminated by the Court. The Order can be extended beyond its original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the plaintiff. 8. This Order may subject the defendant to: i) arrest under 23 Pa.C,S. ~6113; ii) a private criminal complaint under 23 Pa.C.S. ~6113.1; iii) a charge of indirect criminal contempt under 23 Pa.C.S. ~6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. ~6114.1. Resumption of co-residence on the part of the plaintiff and defendant shall not nullify the provisions of the court order. 9. The Pennsylvania State Police Department shall be provided with a certified copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the court that issued the resilience located at 92 Vietol'Y Church Road, Gardner's, Cumberland COllrlt.y, pennsy]vanla, and allY other residenr:e the plaintiff may establish, except for the 1 imlt.ed purpose of transferring custody. The defendant shall remain in his vehicle at all times during the transfer of custody. 7, The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 8. The defendant underst.ands that the Protection Order entered in this mal.ter will be in effect for a period of one year and can be extended beyond it original expiration date if the Court finds that the defendant has committed another act of abuse or has engaged In a patter'll 01" practice tha1~ indicates COIltlrlued risk of harm to the plaintiff. The defendant understands that. this Order wl.ll be enforceable in the same manner as t.he Court's prior Temporary Protection Oy'der erller'ed in this case. 9, Violation of the Protection Order may subject t.he defendant to: 1 ) IlI'rest unrler 23 Pa.C.S. g5113; 11.) a private criminal complaint under 23 Pa.C.S. g6113.1; iii) a charge of indirect criminal contempt, under 23 Pa.C.S. g6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and Iv) civil contempt under 23 Pa.C.S. g6114.1. 10. The defendant and the plaintiff agree to the entry of an Order provirling for the following regarding custody of their children, Darick Sofi, ,Tr'., EI'le IV. Sofi, and Breana I.. Sofi. a. TIle Inntller Shill1 have prlmary physi(:al and legal CllStody of i.he chiloJ'en. >- en ;.- 5'E .;] ~:: b M ~? ~:; ~~~ ~) :-c: ~j~! .~ "'- C1;::1 ~() ,- :;.'~~.? f:-: :f~':~~ ~!-:.:,: >- i::JGJ r- ...., Si-lt.... c:; LJ_ et> =:; 0 0' u ~ '.j J ~ ':I ? ~ ...9...g - , ..::::... Ci ...... " "