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HomeMy WebLinkAbout02-5434MARTHA E. SMITH, Plaintiff SHERRY LEA SMITH, and DARRICK F.A. SOFI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL TERM IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Martha E. Smith, by a~ad through her attorney, Lindsay Dare Baird, Esquire, and avers the following: 1. Plaintiff, Martha E. Smith, resides at 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, and is the Grandmother of the three subject minor children. 2. Defendant, Sherry Lea Smith, whose legal address is 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, is the Mother of the subject children. 3. Defendant, Darrick F.A. Soft, Sr., whose address is unknown, is the uninvolved Father of the subject children. 4. The minor children are: Darrick F.A. Soft, Jr., age 10, date of birth December 30, 1991, Eric W. Soft, age 9, date of birth July 25, 1993, and Breana L. Soft, age 7, date of birth December 13, 1994. 5. The children are usually in the custody of Mother. During the past five years, the child has resided with the,' following persons and at the following addresses: PCr$on Address Martha E. Smith(grandmother) above Paul J. Smith(grandfather) " Sherry Lea Smith(mother) " Dates 1998-2002 The mother is currently residing at Adams County Prison, Gettysburg, PA. She is unmarried. The father's address is unknown. He is unmarried. 4. The relationship of plaintiffto the children is that of grandmother. The plaintiff currently resides with the following persons: Sallie Paul J. Smith Darrick F.A. Soft, Jr. Eric W. Soft Breana L. Soft Relationship Grandfather Subject child 5. The relationship of defendants to the children are that of mother and father. The defendant currently resides with the following persons: Name Relationship unknown 6. 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. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept custody of the children; c) Plaintiff continues to exemise parental duties and enjoys the love and affection of the children. 8. 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 parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children 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. ~3~ sdsay Dare[ Bftrd, Esqt(ire outh Han~o'ver Carlisle, PA 17013 Attorney for Plaintiff ~ verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. Marthi~ E. Smith, P~aintiff MARTHA E. SMITH, Plaintiff/Petitioner SHERRY LEA SMITH, and DARRICK F.A. SOFI, Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND, COUNTY. PENNSYLVANIA : No. d),;/- ' " -D~',~'p CIVIL TERM : 1N CUSTODY TEMPORARY CUSTODY ORDER AND NOW, this ~ '/~ day of November, 2002, upon consideration of the lbregoing Emergency Petition for Temporary Status Quo Custody, it is hereby ordered that the grandmother, Martha E. Smith, shall have temporary legal and physical custody of the minor children: Darrick F.A. Soft, Jr., born 12/30/91 until t, tc mutter is heard onTne Eric W. Soft, born 7/25/93 and Breana L. Soft, born 12/I 3/94 ---'--~NO v cq'rdoe,,~, 2 O 02, at --~ CouF[rooB~l --__ in the C°U~ml~m'nllerland Cmm~isle' By the Court, Cc; Lindsay Dare Baird, Esquire Ms. Sherry Lea Smith Mr, Darrick F.A. Soft, Sr. J. TRUE COPY FROM RECOED MARTHA E. SMITH, PlaintifffPetitioner SHERRY LEA SMITH, and DARRICK F.A. SOFI, Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. ~,~- o~'-,./3~ CIVILTERM : IN CUSTODY _ORDER OF COURT AND NOW, 2002, opon consideration of the attached petition, it is hereby directed that the parties and their respective conasel appear betbre at , the conciliator. on the --__ day of_ _ ,2002. at__ In., fora Pre-Hearing 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 ~br entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator The Court of Commoo Pleas of Ctanberland Cotmty is required by law lo comply with ti~e Americans with Disabilities Act of 1990. For intbrmation aboat accessible thcilities and reasoaahle accommodations availahle to disabled iadividuals having busilless belbre the court, please contact oar office. All arrangements nltlSt be made at least 72 hota~ prior to any bearing or business betbre the court. You must attend the scheduled conlbrence 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 FORT[! BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CC: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 Lindsay Dare Baird, Esquire Shen'y Lea Smith DalTick F.A. Soft MARTHA E. SMITH, Plaiotiff/Petitioner SHERRY LEA SMITH, and DARRICK F.A. SOFI, Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNI'Y, PENNSYLVANIA N°.od,. ;..5-~/~ ~ CIVIL TERM : IN CUSTODY EMERGENCY PETITION FOR TEMPORARY STATUS QUO CUSTODY AND NOW, comes your Petitioner, Martha E. Smith, by and through her attoroey, Lindsay Dare Baird, Esquire, and avers the following: 1. Petitioner, Martha E. Smith, resides at 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, and is the Graudmother of the three subject minor children. 2. Respondent, Sherry Lea Smitb, whose legal address is 92 Victory Church Road, Gardners, Cumberland Couuty, Pennsylvania 17324, is the Motbcr of the subject cbildren. 3. Respondent, Darrick F.A. Soft, Sr., whose address is unknown, is the uninvolved Father of the subject childreu. 4. The minor children are: Darrick F.A. Soft, Jr., age 10, date of birth December 30, 1991, Eric W. Soft, age 9, date of birth July 25, 1993, and Breaoa L. Soft, age 7, date ofbirtb December 13, 1994. 5. On Monday, November 4, 2002, Mother was incarcerated tbr, it is believed, simple assault, at Adams Couuty Prisou tbllowing an altercation at her paramour's home in Adams County. The children were present at the time. 6. Mother was ill the detox unit of Admns County Prison uufil November 7. 7. Mother's Preliminary Heariog is to be beld befbre District Justice Zepp on Tuesday, November 12, 2002. It is unknown what the dispositiou will be. 8. Mother has a history of alcohol and crack cocaioe abuse. 9. Grandmother was called by the police to the scene e~n November 4th to remove the children fi'om the care of the Mother. Grandmother has had the children since that time. 10. With Grandmother iu the home are tile three children and their grandfather, Paul J. Smith. 11. Grandmother is gravely concerned that Mother may be released ti'om prison ou November 12th and may try to remove tile children to return to her pm'amour's home. 12. Due to Mother's patterns of violence while under the iuflueuce, Grandmother believes it would be in the best iuterest of the children and their safety to be in ber custody uutil the matter can be properly addressed belbre this Honorable Court. WHEREFORE, your petitioner, Martha E. Smith, respectfully requests that tile Court award her temporary legal and physical custody, tbus maiutaining the status quo, uutil the matter can be brought before this Honorable Court at its earliest available time. Respectfully submitted, //Liud.;ay Da/e ~aird, Esciuire ~-' 37 Soutb HaSr6ver Street Carlisle, PA 17013 717 243-5732 For the Petitiouer MARTHA E. SMITH, Plaintiff/Petitioner SHERRY LEA SMITH, and DARRICK F.A. SOFI, Defendants/Respondents : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : No. ~)o~ J 3"¥.3'q CIVIL TERM : IN CUSTODY EMERGENCY PETITION FOR TEMPORARY S_SFATUS QUO CUSTODY AND NOW, comes your Petitioner, Martha E. Smith, by and through her attorney, Lindsay Dare Baird, Esquire, and avers the fbllowing: 1. Petitioner, Martha E. Smith, resides at 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, and is the Grandmother of the three subject minor children. 2. Respondent, Sherry Lea Smith, whose legal address is 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, is the Mother of the subject children. 3. Respondent, Darrick F.A. Soft, Sr., whose address is unknown, is the uninvolved Father of the subject children. 4. The minor children are: Darrick F.A. Soft, Jr., age 10, date of birth December 30, 1991, Eric W. Soft, age 9, date of birth July 25, 1993, and Breana L. Soft, age 7, date of birth December 13, 1994. 5. On Monday, November 4, 2002, Mother was incarcerated for, it is believed, simple assault, at Adams County Prison following an altercation at her paramour's home in Adams County. The children were present at the time. 6. Mother was in the detox unit of Adams County Prison until November 7. 7. Mother's Preliminary Hearing is to be held before District Justice Zepp on Tuesday, November 12, 2002. It is unknown what the disposition will be. 8. Mother has a history of alcohol and crack cocaine abuse. 9. Grandmother was called by the police to the scene on November 4th to remove the children from the care of the Mother. Grandmother has had the children since that time. 10. J. Smith. With Grandmother in the home are the three clfildren and their grandfather, Paul 1 I. Grandmother is gravely concerned that Mother may be released from prison on November 12th and may try to remove the children to return to her paramour's home. 12. Due to Mother's patterns of violence while under the influence, Grandmother believes it would be in the best interest of the children and their safety to be in her custody until the matter can be properly addressed betbre this Honorable Cc,urt. WHEREFORE, your petitioner, Martha E. Smith, respectfully requests that the Court award her temporary legal and physical custody, thus maintaining the status quo, until the matter can be brought before this Honorable Court at its earliest available time. Respectfully submitted, :tsay Da(e Cai~d, Esq~uire ;outh Ha'n6ver Street Carlisle, PA 17013 717 243-5732 For the Petitioner MARTHA E. SMITH, Plaintiff SHERRY LEA SMITH, and DARPdCK F.A. SOFI, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL TERM IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Martha E. Smith, by and through her attorney, Lindsay Dare Baird, Esquire, and avers the following: 1. Plaintiff, Martha E. Smith, resides at 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, and is the Grandmot]her of the three subject minor children. 2. Defendant, Sherry Lea Smith, whose legal address is 92 Victory Church Road, Gardners, Cumberland County, Pennsylvania 17324, is the Mother of the subject children. 3. Defendant, Darrick F.A. Soft, Sr., whose address is unknown, is the uninvolved Father of the subject children. 4. The minor children are: Darrick F.A. Soft, Jr., age 10, date of birth December 30, 1991, Eric W. Soft, age 9, date of birth July 25, 1993, and Breana L. Soft, age 7, date of birth December 13, 1994. 5. The children are usually in the custody of Mother. During the past five years, the child has resided with the fi)llowing persons and at the following addresses: Person_ Addmss~ Martha E. Smith(grandmother) above Paul J. Smith(grandfather) ,, Sherry Lea Smith(mother) ,, Date~s 1998-2002 The mother is currently residing at Adams County Prison, Gettysburg, She is unmarried. PA. The father's address is unknown. He is unmarried. 4. The relationship of plaintiff to the children is that of grandmother. The plaintiff currently resides with the following persons: Paul J. Smith Darrick F.A. Soft, Jr. Eric W. Soft Breana L. Soft Relationship Grandfather Subject child 5. The relationship of defendants to the children are that of mother and father. The defendant currently resides with the following persons: Nam~e unknown Relationship 6. 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. Plaintiff has no information of a custody proceeding concerning the children 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 children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; b) Plaintiff is willing to accept custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 8. 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 parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the fight to intervene: Nature Address NONE - Basis of Claim~ Wherefore, plaintiff requests the court to grant custody of ~the children. / j.l.l.l~, ay Dare~ B~i~d, Esqtfire C,/'37 South HangoVer Carlisle, PA 17013 Attorney for Plaintiff I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS {}4904 relating to unsworn falsification to authorities. Mar~hi~ E. smith, Plaintiff ~ - MARTHA E. SMITH PLAINTIFF : : V. SHERRY LEA SMITH AND DARRICK F.A. SOFI : DEFENDANT _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-5434 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 14, 2002 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear beforeJacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, December 10, 2002 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, 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. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Si~ecial Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FOR THE COURT, By: /s/ ]acqueline M. Verney, 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 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 JAN 0 9 Lno3t / MARTHA E. SMITH, Plaintiff Ve SHERRY LEA SMITH and DARRICK F. A. SOFI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5434 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW this t o "' ,,l.,, ,.,¢ ~ ' --., "- '.-,t;~-,~t~--) ,2003, upon consideration of the attached ~u~ody Conciliation Report, il: is ordered and directed as follows: 1. The Order of Court dated November 8, 2002 is hereby vacated. 2. The Grandmother, Martha E. Smith, the Mother, Sherry Lea Smith and the Father, Darrick F. A. Soft, shall have shared legal custody ofDarrick F. A. Soft, Jr., born December 30 1991, Eric W. Soft, born June 25, 1993 and Breana L. Soft, bom December 14, 1994. Each party shall have an equal right, to be exercised jointly with the other parties, to make all major non-emergency decisions affecting the Children's general well- being including, but not limited to, all decisions regarding their health, education and religion. 3. Grandmother and Mother shall have shared physical custody of the children. The children shall be in the physical custody of Mother at all times while Grandmother is working. by Father. Father shall have periods of partial physical custody as follows: A. Every Thursday from 4:00 p.m. to 8:00 p.m., provided he notify Grandmother by 12:00 noon every Thursday that he is exercising his period of custody. B. Every Christmas Eve for eight (8) hours at times agreed by the parties. C. Every Father's Day for eight (8) hours at times agreed by the parties. D. Every Thanksgiving Day for four (4) hours at times agreed by the parties. E. Every Easter for four (4) hours at times agreed by the parties. F. Such other times as the parties agree. Transportation for Father's periods of physical custody shall be provided 6. All parties shall have liberal telephone contact with the Children. 7. No party shall partake in alcoholic beverages or illegal drags immediately before or while the Children are in their custody. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Robert L. O Brien, Esquire, Counsel for Father / ~ J' Jennifer Heverly, certified legal intern, Counsel/for Moth,~r Lucy Johnston-Walsh, Esquire, Dickinson Family Law Clinic, Counsel for Mother MARTHA E. SMITH, Plaintiff SHERRY LEA SMITH and DARRICK F. A. SOFI, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2002-5434 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY PRIOR JUDGE: Kevin A. Hess, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information conceming the Children who are the subject of this litigation is as follows: NAME Darrisk F. A. Soft, Jr. Eric W. Soft Breana L. Soft DATE OF BIRTH December 30, 1991 June 25, 1993 December 14, 1994 CURRENTLY 1N CUSTODY OF shared: Grandmother/Mother shared: Grandmother/Mother shared: Grandmother/Mother 2. A Conciliation Conference was held in this matter on January 9, 2003, with the following individuals in attendance: The Grandmother, Martha E. Smith, with her counsel, Lindsay Dare Baird, Esquire, Mother, Sherry Lea Smith, pro se and Father, Darrick F. A. Soft, pro se. 3. A prior Order of Court was entered by the Honorable Kevin A. Hess dated November 8, 2002 granting Grandmother temporary legal and physical custody of the Children. The parties agreed to the entry of an Order in the form as attached. Date acqt(61ine M. Ven~ey, Esquire~ Custody Conciliator