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HomeMy WebLinkAbout01-1026 FX '">i,"-"'~""'"'" J' ' j I ~~,' ;","".., , I . '^,~ BRIAN HWAN SOL, Plaintiff : IN THE COURT OF COMMON PLEAS OF vs. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- I ()).Ic CIVIL TERM KUM SOON SOL, Defendant : PROTECTION FROM ABUSE NOTICE OF HEARING AND ORDER YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may proceed against you and a FINAL Order may be entered against you granting the relief requested in the Petition. In particular, you may be evicted from your residence and lose other important rights. A hearing on this matter is scheduled on the ~ay of ')n t2At'>>. 2001, at ..J.: tr{) V>.m , in Courtroom N;..J. on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You MUST obey the Order that is attached until it is modified or tenninatedby the court after notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00 and/or up to six months in jail under 23 Pa.C.S. ~6114. Violation may also subject you to prosecution and criminal penalties under the Pennsylvania Crimes Code. Under federal law, 18 U.S.C. ~2265, this Order is enforceable anywhere in the United States, tribal lands, U,S. Territories and the Commonwealth of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. ~ 2261~2262. You should take this paper to your lawyer at once. You have the right to have a lawyer represent you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have to proceed without one. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue, Carlisle, Pennsylvania 17013 Telephone Number: (717)249-3166 AMERICANS WITH DISABILlTIES ACT OF 1990 The Court of Common Pleas of Cumberland Countyit!te<p1ired by law to comply with the Americans with Disabilities Act of 1990. For infurmation 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. . , ~~ j, , ,I ),1, ,,'J , L-"';;;;"f BRYANHWAN SOL, Plaintiff : In the Court of Common Pleas of : CUMBERLAND County, : PENNSYL VANIA v. : Civil Action ~ Law : No. 01- KUM SOON SOL, Defendant : Protection From Abuse TEMPORARY PROTECTION FROM ABUSE ORDER Defendant's Name is: KUM SOON SOL Defendant's Date of Birth is: August 9, 1954 Defendant's Social Security Number is: 229-29-6811 Name(s) of All protected persons, including Plaintiff and minor children: 1. BRYAN HWAN SOL AND NOW, on 21st Day of Febmary, 2001 upon consideration of the attached Petition for Protection from Abuse, the court hereby enters the following Temporary Order: Plaintiff's request for a temporary protection order is granted. 1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in any place where they might be found. "-,,' 2. Defendant shall be evicted and excluded from the residence at: 3819 Chippenham Drive Mechanicsburg, PA or any other permanent or temporary residence where Plaintiff or any other person protected under this Order may live. Plaintiff is granted exclusive possession of the residence. Derendant shall have no right or privilege to enter or be present on the premises of Plaintiff or any other person protected under this Order. 3. Except for such contact with the minor child/ren as may be pennitted under paragraph 5 of this Order, Defendant is prohibited from having ANY CONTACT with Plaintiff, or any other person protected under this Order, at any location, including but not limited to any contact at Plaintiff's school, business, or place of employment. Defendant is specifically ordered to stay away from the following locations for the duration of this order. Plaintiff's residence at: 3819 Chippenham Drive Mechanicsburg, P A (except for the limited purpose of transferring custody of the parties' minor children when Defendant may park at the curb in front of Plaintiff's residence llnd remain in her vehicle at all times during transfer of custody). Plaintiff's brother's residence and business in York County. 4. Except for such contact with the minor child/ren as may be permitted under paragraph 5 of this Order, Defendant shall not contact Plaintiff, or any other person protected under this Order, by telephone or by any other means, including through third persons. 5. Pending the outcome of the final hearing in this matter, Plaintiff is awarded temporary custody of the following minor child/ren: 1. MIN WOO SOL 2. MIN GEl SOL Until the final hearing, all contact between Defendant and the child/ren shall be limited to the following: Pending further Order after the hearing scheduled in this case, Defendant shaD have periods of partial custody with the parties' minor children on dates and at times mutuaRy agreed upon by the parties. Custody arrangements shaD be communicated through the parties' divorce attorneys. Defendant shaD provide transportation. Transfer of custody shaD take place at Plaintitrs residence and Defendant shalll park at the curb in front oethe house and remain in her vehicle at all times during transfer of cnstody. .''''''-~ The local law enforcement agency in the jurisdiction where the child/ren are located shall ensure that the child/ren are placed in the care and control of the Plaintiff in accordance with the terms of this Order. 6. The following additional relief is granted: Defendant is prohibited from having any contact with Plaintiff's relatives and Plaintiff's children listed in this petition. except as the court may f'md necessary with respect to partial custody with the minor children. Defendant is ordered to refrain from harassing Plaintiff's relatives. Defendant is enjoined from damaging or destroying any property jointly owned by the parties or any property owned solely by Plaintiff. 7. A certified copy of this Order shall be provided to the police department where Plaintiff resides and any other agency specified hereafter: HAMPDEN TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 8. The sheriff; police or other law enforcement agencies are directed to serve the Defendant with a copy of the Petition, any Order issued, and the Order for Hearing without prepayment of costs. The Petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. The Prothonotary is directed to file this Petition and Order without prepayment of costs. 9. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL REMAIN IN EFFECT UNTIL AUGUST 21. 2002 OR UNTIL OTHERWISE MODIFIED OR TERMINATED BY THIS COURT AFTER NOTICE AND HEARING. NOTICE TO THE DEFENDANT Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S. ~6114. Consent of the Plaintiff to Defendant's return to the residence shall not invalidate this Order, which can only be changed or modified through the filing of appropriate court papers for that purpose, 23 Pa.C.S. ~6113. Defendant is further notified that violation of this Order may subject himlher to state charges and penalties under the Pennsylvania Crimes Code and to federal charge~ atlH penalties lIDdeqll~ ViolencrAgainst 'Yqrre~ Ac::1;, 18 D.S.C. ~~2261- +Z6~, - . , NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the plaintiff's residence OR any location where a violation of this order occurs OR where the defendant may be located. If defendant violates Paragraphs 1 through 5 of this Order, defendant shall be arrested on the charge ofIndirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence oflaw enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sherifl's office of the county which issued this Order, which office shall maintain possession of the weapons until further Order of this court, unless the weapon/s are evidence of a crime, in which case, they shall remain with the law enforcement agency whose officer made the arrest. Judge :n. '! ~ Distnl>ution to: David A Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 (7170 243-9400 d. -.;21' () I ~~t1~ FAXed & mailed to PSP """",,,,,,,,;,,,,,:,,,,. """"",,,:,}~,,!'),;,~"'m~Jj._~~~.difi'i~~~~~.h 'S'frJ!.f1 '-f.o ~ L-.t/clj,7."I::~~ elSe! ~ t ~e ~r$d \J" I"") "I' '''''J ' .'11'';/lf \2: \jl'l':'O t ! ~ rr,:.....f'j t'ir,:dli,,;-,._<c.,iAlrv.... A,,:j\J i',"./ '_d ,<' ,-. J'" .1 i...} ...., d' , d 1 '(, .,,:..: "" '" ,,,,) i ~ Lj,j it; ~ : lll.inJlIl!li~ &' .~..~~" -ii J ..,""'"-__.....~.. l.~ ~ - ~. I j' I'] ,~, , ;-1',- PF AD Number: XE1l983l6Q BRYANHWAN SOL, Plaintiff : In the Court of Common Pleas of : : CUMBERLAND County, : PENNSYLVANIA v. : : Civil Action - Law : No. 01- Jo;;u, CU;..1 'I u.- KUM SOON SOL, Defendant : Protection From Abuse PETITION FOR PROTECTION FROM ABUSE 1. Plaintiff's name is: BRYANHWANSOL 2. I, (the Plaintiff), am filing this Petition on behalf of: - myself 3. Name(s) of ALL person(s), including minor children, who seek protection from abuse. a. BRYANHWANSOL 4. Plaintiff's Address is: 3819 Chippenham Drive, Mechanicsburg, PA 17055 5. Defendant's Name is: KUM SOON SOL 6. Defendant is believed to live at the following address: 3819 Chippenham Drive, Mechanicsburg, PA 17055 7. Defendant's Social Security Number is: ,'. I~ ~ J" I. ~. II . , 229-29-6811 8. Defendant's Date of Birth is: August 9, 1954 9. Defendant's Place of employment is: Sol's Mini Food Market, 17th Street, Harrisburg, PA 17103 10. Defendant is an adult. 11. The relationship between the Plaintiff and the Defendant is: Spouse Parents ofthe same children 12. The Plaintiff and the Defendant been involved in the following court actions: a. Divorce 13. Other details of the court action are: SOL v. SOL, In Divorce, Cumberland County Docket No. 00-6541. A hearing on support and exclusive possession of the marital residence is scheduled on March 22, 2001, at 9:00 a.m. before Judge Kevin A. Hess in Courtroom No.4. Defendant also fIled for custody in the Divorce action, and the parties and their respective divorce attorneys appeared before Conciliator Melissa Greevy at a conciliation .conference on November 29, 2000. The matter was continued because the parties were living together in the martial residence with the milllor i:hildren pending resolution of the property settlement. 14. The defendant has not been involved in a criminal court action. 15. Plaintiff and Defendant are the parents of the following minor child/ren: a. MIN WOO SOL Age:15 years old Child's address is: 3819 Chippenham Drive, Mechanicsburg, PA 17055 b. MIN GEl SOL ; i j, , , i:l , < -,.~ Age:13 years old Child's address is: 3819 Chippenham Drive, Mechanicsburg, PA 17055 16. Plaintiff is seeking an Order of child custody as part oftrus petition. The following is a list of the children and where they have live for the past 5 years: a. MIN WOO SOL For the past 5 years, this child has lived with: Plaintiff, Defendant, and sibling, Min Gei Sol, at 3819 Chippenham Drive, MechanicsblJlrg, Pennsylvania, froril1996 to the present. b. MIN GEl SOL For the past 5 years, this child has lived with: PI"ntiff, Defendant, and sibling, Min Woo Sol, at 38i9 Chippenham Drive, Mechanicsburg, Pennsylvania, from 1996 to the present. 17. The facts of the most recent incident of abuse are as follows: On about Wednesday, February 07, 2001 location: 3819 Chippenham Drive, Mechanicsburg, PA, the marital residence Defendant argued with Plaintiff, her husband, screamed and yelled directly into his face, called him vile names and cursed him, and brandished a knife causing him to fear that she would stab him if he turned away from her. Fearing for his safety, Plaintiff backed out ofthe room and left the residence that night for his protection and to avoid further abuse. 18. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren, (including any threats, injuries, or incidents of stalking) are as follows: III or about January 2001, Defendant threatened to kill Plaintiff if he opened his mouth. This cansed Plaintiff reasonable fear of imminent serous bodilyilljury. III or about December 2000, Defendant threatened to kill Plaintiff. From approximately September 2000 to the present, Defendant has abused Plaintiff in ways including, but not limited to the following: calling Plaintiff vile Blunes and cursing him; yelling, screaming, and waving her arms about in a threatening manner while stallding in close proximity to Plaintiff's face; arguing and following Plaintiff about the h01lse when he tries to get away from Defendant; telephoning Plaintiff several times a day while he worked at the family business and yelling and screaming at him, and threatening to kill him. Fearing for his safety, Plaintiff has often tied the door shut to prevent Defendant from entering his bedroom and harming him in his sleep, and he bas left the marital residence on several. occasions and stayed with a relative to avoid further abuse. 19. The police department(s) or law enforcement agencies that should be provided with a copy of the _&<-- ~ , J ~~ - .;..L ~ 1,1 ',1>;, protection order are: HAMPDEN TOWNSHIP POLICE DEPARTMENT HARRISBURG POLICE DEPARTMENT DAUPHIN COUNTY DISPATCH 20. There is an immediate and present danger of further abuse from the Defendant. 21. Plaintiff is asking the court to evict and exclude the Defendant from the following residence: 3819 Chippenham Drive Mechanicsburg, P A Owned By: Bryan Hwan Sol and Knm Soon Sol. 22. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A TEMPORARY ORDER. and AFTER HEARING, A FINAL ORDER THAT WOULD DO THE FOLLOWING: a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and/or minor child/ren in any place where Plaintiff may be found. b. Evict/exclude Defendant from Plaintiff's residence and prohibit Defendant from attempting to enter any temporary or permanent residence of the Plaintiff. c. Award Plaintiff temporary custody of the minor child/ren and place the following restrictions on contact between Defendant and child/ren: Pending further Order after the hearing scheduled in this case, Defendant may have periods of partial cnstody with the parties' minor children on dates and at times mntually agreed npon by the parties. Custody arrangements will be communicated through the parties' divorce attorneys. Defendant will provide transportation. Transfer of custody will take place at Plaintiff's residence and Defendallt will park at the curb in front of the house and remain in her vehicle at all times during transfer of cnstody. d. Prohibit Defendant from haVing any contact with Plaintiff and/or minor child/ren, either in person, by telephone, or in writing, personally or through third persons, including but not limited to any contact at Plaintiffs school, business, or place of employment, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. e. Prohibit Defendant from having any contact with Plaintifl's relatives and Plaintiffs children listed in this petition, except as the court may find necessary with respect to partial custody and/or visitation with the minor child/ren. ..,,,,~"'lj ,-_t~.""k ~ ~ "~ .J I -- I,,-,~ f. Order Defendant to pay the costs of this action, including filing and service fees. g. Order the following additional relief, not listed above: Order Defendant to refrain from harassing Plaintiff's relatives. Enjoin Defendant from damaging or destroying any property jointly owned by the parties or any property owned solelly by Plaintiff. Order Defendant to pay $250.00 to one of Mid Penn Legal Services' funding sonrces to pay the cost oflitigating this case. h. Grant such other relief as the court deems appropriate. 'i. Order the police or other law enforcement agency to serve the Defendant with a copy of this Petition, any Order issued, and the Order for Hearing. The petitioner will inform the designated authority of any addresses, other than the Defendant's residence, where Defendant can be served. Respectfully Submitted by: iJ~ DaVId 4>. Lopez Joan Carey Attorneys for Plaintiff MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 "-'">~.~ """ I ~:I , I . '-",; VERIFICATION I verilY that I am the Petitioner as designated in the present action and that the fucts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 PaC.S.~4904, relating to unsworn falsification to authorities. Dated: ?-....Ul -0 I d~~_~~Ii!I.~~;j~O<1,\,t\,fc,,""\'"I!",,'!ljl~'k~!1i:~;Iti!;,m:;,j';j,~,.'"'' L "l""rF'C,",,"__,._'" ,.,!..j_,,;"Y,J:r~~___~iIWIJ~~6t.ililil!lM!r~ - 'lrl1 .. ."i!l' I I I llil!J C) C-'; C" C) " I ~tt "-r1 P"j C;:J f',) 2i(~,_: ,~ .. ':~ ~Q .0. :' -' ::':1 :;;..-.,':::.~ .:-;, ~~) ~- C) ,-,'/ 2- -~ =< :::> j."'; .-J 5::J -< \ \ , ~ ~ 'l-.' , ..... '" o ~ % L ~ '", ',,,"W-. I "1 ~ I . _ I , ',", ~" "." .."',.~, ~H 02/21/01 WED 15:27 FAX 717 240 6573 CliMB CO PROTHONOTARY 141001 'f . ~ ~ *************************** $$$ MULTI TN REPORT $$$ *************************** . TX/RX NO INCOMPLETE TX/RX TRANSACTION OK 2470 01]9p2405331 03]9p243B026 04]92490779 CENTRAL PROCESS LEGAL SERVICES PSP ERROR . . OFFICE OF mE l'ROI'HCJtIOI'ARY CliMSERLAND COON'tY CCll.rnTIiOOSE ONE COUR'I1iOOSE SQUARE CARLISLE, l'A. 17013-3387 (717) 240-6195 FAX (717) 240-6573 v I ATE LEe 0 PIE R FAX ": 717-249-0779 CeN-\: D~oCeS'3it-Jj ! !V\ r. L}" I , -, S' e.; [fl'C-W TO: PA STATE POLICE ~: CURTIS R. LONG RE: PFA ORDERS MESSAGE : , .r'J . --=1..- NO. OF PAGES (INCLUDIOO OJIfER SHEET) 'llrls" "<]' is intEnBi rnly fir tte \Be of tte irdhriOJal 0: rotiq.- !D IIIhich is is H",l... 'l, ern IMf wrtHin infumatim Ihrt: is [tivili.;g:d. a:nficirt:ial on!. co:rrp: fwn c!i,..,lreuo:e lJli;!r: Wli,,*,lp Iiw. rf tI-e ~ of !his ~ is rot tie inteUd ."..,ipieot. )0..1 are l"en:bf rotifiEd ttat <nt disaE/11itl3t.ia1. distrib..J1:irn OC o:pjing IX tl1is <Xrnruucat.Jm ll; strictly "(XChibi.l:Hi. If}':U \'aI.e ~'01131 \tU5 o::mn.nir.r.Jm in emr. pHme rctify lB imm:iiatBI.y tv Itelep-.-:re arl J:eb.n:n tie ocigirnlu --g" to L6 al - ~ - . TRANSLATE 4 KOREAN ~ \li~ 00 LEE HAIY tour/; (nterpret2rsince 1986 - ~al&INSlnt:erpret8rsinCfJ 1989 SEUNA SIM Interpreter - Translator Korean - English E-Mail; translate4koreantmaolcom Phone: (703) 222-6611 ""'" (703) 222-6223 ~=-i .-'",-,-,'i-_-."'T- -I; ~..... ,. .;...,..-,-:;......-.--. ,_",--,",-~J"""""">>I"""''''_ ~ v i{-~' \.. ~ @ 4 _~~I ,.-. . dI0 (}l) - >', /}J N!1. ~ \ ,,12 to r;JJ ~. .'.Jo~~, 3/)" (r; ( ~--- ""1 ~ __ fJr 7 (200-1- .- - jJr~2- ( J-< t.JJr C ' _ - ~ f .~~- ............~ _ . fk<:- r, - I ~ - < -~ _ -~:H ~ _ Wrl ( w; ()J\ ~ 7~r r~~4 .' ,? v f J . . , ~~ . Fune: I I CINQ "_.~. "'~"-"""'''''''~'' "'-., .,. -UJ .lLn" Collections Inquiry By Payor PA YORID: 13856111.0.021 I Name: SAVALAS J'POPE Ret Date .0511610.0 .0510210.0 I .0412510.0 .. .0411810.0 .0411110.0 .. .0410310.0 .0312710.0 .0312.010.0 . .0311310.0 ... .0311.010.0 . . .0310310.0 '.' .0212910.0 .0212810.0 .0212210.0 , Col Date .0511610.0 .051011'0.0 .0412410.0 .0411710.0 04i1UI'00 .0410310.0 .0312710.0 0312.0100 .o31!131OD .0311.010.0 .0310310.0 .0211410.0 02128100 .0212210.0 County Code 21 21 21 21 21 21 21 21 21 .0.0 22 99 22 22 Ret Number 212DODD516KA.oD4135DD 212DDDD5D2KADD4463DD 212DDOD425KAD01133DD 2120DDD418KADD1164DD 212DOO.o41.1KAD01120DO 212DDDD4D3KAD02262DD 212DDD.o327KADD2D81DD 212D.oDD320KAD953460D 212DDDD313KA112111UO .0.02.0.00.0310100.04946.0.0 2220D00303KA00228900 992DOD0229KA0320030D 2220DDD228KA1266970D 222DODD222KA10443900 Pmt Ser WIA WIA NRM NRM NRM NRM NRM NRM NRM IRS NRM NRM NRM 'NRM Amount 91.24 91.24 91.24 91.24 91.24 91.24 91.24 91.24 91.24 2803..0.0 91.24 91.24 91.24 91.24 - TII!lf RYANAS 02127101- 1U:05 I Pmt 6FT/Item Mthd Number K 4248.0 K 41916 K 41385 K 40865 K 40467 K 4/1183 K 39986 K 39451 K 38932 I K K K K Ret Stat 38583 37365 38317 31794 . BACK lei I~i j~ .....',:1 RCTLI .~ , ! k. '" ,,,~,,~,_,' ,~~l~'ME:~,~.." '~'"'r'" _ , ,_r"~I,,.;l ""'l'''*r''i~,?'m'')r''"''''i7'''''C'~'''Pr'<&'',XRi~{r+Hlffill\tP>J;;(f.f'~q:N",;Wrf.j1'!iii;1'1";~~~Q?',j]~~~tgij~ -' ~ fO, {JJ ~{}~ ~ a. ~ fJ#:- J.- j 0. " . I t( X. l\~L I} It\ "('J \ r .., ~A _ (Jr7 ~ ~ Id _.fJu~~. ~ ~ · . ~dft(f~~i . '1)' . . . ~ \ ~..IM_""..~" .' I... .- ~~ ~ ,-~ ~ . ~ pAK . H _,. ' ,j;. I" lilaMl '""'~, I ,;, o . fit p)r..l3, -'\ -#-.. - , .~ > -, .. ~~, <, ,~, .-.....'.""....."....Jilfmmrrmliilll I'Hilll.n" . Func: I I OBlE FinancialObligation Entry RYANAS 02121101 09:15 CASE ID: 331102066 Case Type:N Case Status: 0 Date Entered: 01121100 ORDER 10: 191 S 2000 Order Type:S Docket Num: 00191 S2000 Payor: 385l'l10D!l21 POPE,SAVALASJ. Modi Error: iD Payee: 1414100095 NELSON, ANDREA N. WorkerlD: 21101 periodiC. Amt this P, age only: L..!31.00 . I Ordered On Amt this page only: I 13.00 :J Arrears Due AmI: 1 ~ DateDue: I I DEBT TYPE IcCF I COURT COSTS Ics". I CHILD SPTAL IJ(:F" I JUDCOMP FEE II I I Member [rH: ID I Name D j3856100021 I SAVAlAS D 15201100496 I TYRESE [J 138561110021 I S,lI,VALAS [J 1 [J ! Periodic Amt Ordered On Amt 0.00 0.00 431.00 13.00 0.00 0.00 Elf Date End Date 01121100 01121100 I 12131130 12131130 01121100 I. 01121100 I". I . ~ Normal Arrs Retro,A,rrs 25.00 0.00 5244.00 0.00 5.00 0.00 . ,BACK I.PREV I ~NEXT 1. ADD I } "" F~_ r, ,.' ~ _ ,N,""\,, f""'!"~~'~-~'" 01121100 01121100 03101100 01121100 01121100 01121100 T, ~:'" '",_"'''" ,.,~,N!W-\"':""'~'\"'~)'-:'~f'l':ii~'iJ'" '_ ,[fl~_Jl!III.'I!n ,[\ [, ~.,,'~ .",..~~ ~_ k,,,,,,~, ~'..-=- . -.;..1 "I ~f;;jj&:, :~ (Y - w ~ , ;fJ- 1'- Iill ~. , i',.""", ,~,' ,~, ~ ~_. .~ ","~."'---~ "'~, ,- ......,':-"~~ ^.. ~T' -"",-~ NELSON PACSES Case Number: 337102066 v. POPE Other Information: 1. THIS IS THE FIRST TIME THIS DEFENDANT HAS BEEN REFERRED TO COURT. 2. THE DEFT HAS ONLY APPEARED IN DRO ON ONE OCCASION SINCE THE INCEPTION OF THIS CASE. 3 . DEFT HAS SEVERAL OTHER CASES IN DAUPHIN COUNTY. 4. DEFT IS GOING TO BE A CONTINUAL ENFORCEMENT PROBLEM. 5. CASE REFERRED FOR NON~COMPLIANCE. Facts Agreed Upon: Facts in Dispute and Contentions with Respect to Facts in Dispute: DRS Recommendation: Respondent has willfully failed to comply with order for support. Yes ~ No 0 Respondent should be held in contempt and 0 Sanctions or ~ purge conditions should be posed against the respondent. Yes ~ No 0 Submitted by: TODD A. MOUL Date Prepared: AUGUST 11, 2000 Page 2 of 2 Form CM-526 Worker lD 21101 Service Type M .ItlUJ l!!~~~"'~- ,,' ~1'i\"l:i~W11~"'i%W!'~"'~"t<41':'_;-"f;j~'~k\il~:[1F:.\!lt!JI'!:~!!l.'!II!~,~>PJ~ ~_,''''_,~,~~ JiJ_,."",~ ,.~<, i' ~ "'''-~~''"'-"'~~'"'''' ~~- -' . - ~ . I" .......1 1 ' ~ '~,,.,.,"- ; J. rm\Rc( - P?/\ htct\\~ "51~ I~, ~\ ~9~~ IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYL VANIA , . KUM SOON SOL, Plaintiff, v. No. 00~6541 Civil Action - Law BRYAN HWAN SOL, Defendant. In Custody INTERIM ORDER OF COURT AND NOW, this day of ,200], upon consideration of the Custody Conciliation Summary Report it is hereby ORDERED AND DIRECTED AS FOLLOWS: I. A Hearing is scheduled in Court Room # of the Cumberland County Court House, on the day of ,2001 at o'clock m. , at which time testimony shall be taken. For the pUlJloses of the Hearing, the Mother, Kum soon Sol, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties and or the parties pro se shall file with the Court and opposing counsel/party a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testifY at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing date. 2. The parties shall submit themselves and their minor children to an Independent Custody Evaluation by Pauline Wallin, Ph. D. The parties shall sign all necessary releases and authorizations for the evaluator to obtain medical and psychological information pertaining to the parties. Cost of this evaluation shall be initially be borne by Mother who shall retain the right to petition for contribution from Father. The parties shall extend their full cooperation to Dr. Wallin in scheduling appointments and participating in the evaluation process. 3. Pending further Order of this Court, the following shall be in effect: A. The parties, Kum Soon Sol and Brian Hwan Sol, shall have shared legal custody ofMin Woo Sol born April 5, 1985 and Min Gei Sol, born November 28, ]986. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non~emergency decisions affecting the Children's general well~ being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of Pa. C. S. S 5309, each parent shall be entitled to all records and information,per1;aining to the Children including, but not ',':. ..,.," ~ - ~ ~ I I I, " ~~ , ~., limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. B. The parties shall have shared physical custody on a week on, week off basis. The change in custody shall occur after the children are out of school on Fridays. Mother shall have the first week to commence March 9, 200 I. 4. The parent who does not have custody shall be entitled to have reasonable telephone contact with the Children. 5. Both parents shall establish a no~conflict zone for their children and refrain from making derogatory comments about the other parent in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the child. J. Dist: Gerald S. Robinson, Esquire 4407 North Front Street, Harrisburg, PA 17110 Dann Johns, Esquire 52 South Duke Street, York, PA 17401 ~ ~,~~ I', I 1"" ", I j~'i\; KUM SOON SOL, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 00-6541 Civil Action - Law BRYAN HWAN SOL, Defendant. In Custody 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 concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Min Woo Sol Min Gei Sol April 5, 1985 November 28,1986 Father Father 2. A Custody Conciliation Conference was held on February 27,2001, with the following individuals in attendance: the Mother, Kum Soon Sol, and her counsel, Gerald S. Robinson, Esquire; the Father, Bryan Hwan Sol, and his counsel, Dann Johns, Esquire. 3. The parties reached an agreement for an Interim Order as attached without prejudice to either's right to pursue primary physical custody at time of hearing. The parties will participate in an Independent Custody Evaluation and will require a hearing to be scheduled. Currently pending are: a PFA hearing for March 2,2001 before Judge Hoffer No. 01-1026 and a Petition for Exclusive Possession in the Divorce matter No. 00~6541, before Judge Hess on April 5, 2001. 4. Mother's position on custody is as follows: Mother describes herself as the parent who has been primarily responsible for the care and feeding of the children. She reports that Father has not been as participatory due to long work hours. She also reports that Father has frequently been absent from the home over night, thus leaving her with the responsibility for the children. 5. Father's position on custody is as follows: Father expressed concern that his children would be confused by the Week on, week off schedule. He suggests that he have primary physical custody with Mother having partial cllstody each weekend from Friday until Sunday at 8:00 p.m. and two dinners per week. 6. Both parents expressed a desire to consider what the children want for a custodial '"'-~." " No. 00-6541 ~ ._ I , I arrangement. D~te~~7/D/ ~ Melissa Peel Greevy, Esquire Custody Conciliator ~,~ , i~JiIlrlu.' - June 2001 S M T W T F S 1 2 3456789 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July 2001 S M T VV T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTES C'!'~"*,",,,","""'-' ~...,",~ ,~..,.~. ~ - I, ~~I -I,. " J...L"~' SHERIFF'S RETURN - OUT OF COUNTY . '#i CASE NO: 2001-01026 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOL BRIAN HWAN VS SOL KUM SOON R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: SOL KUM SOON but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PROTECTION FROM ABUSE On March 5th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP. DAUPHIN CO 18.00 9.00 10.00 30.50 .00 67.50 03/05/2001 So ans~.' ~ /~ ~-~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1 i':'" day of~ ..2<w/ A.D. 0.f'~ (). ~p,,, ~ Prothonotar1 ;~ ." j, I. _~,.' """""I. I~, -'~, ... @iiite of t1r~ ~4~riff William T. Tully Solicitor Ralph G. McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255~2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania SOL BRYAN HWAN vs County of Dauphin SOL KUM SOON PERSONAL SERVICE Sheriff's Return No. 0544-T - -2001 OTHER COUNTY NO. 01-1026 AND NOW: February 23, 2001 at 12:00PM served the within PFA NOTICE OF HEARING & ORDER upon SOL KUM SOON PERSONAL SERVICE by personally handing to HER 1 true attested copy (ies) of the original PFA NOTICE OF HEARING & ORDER and making known to him/her the contents thereof at POE: SOL'S MINI FOOD MARKET 17TH & MARKET STREETS HARRISBURG, PA 17103-0000 DEFENDANT WAS NOTIFIED OF EVICTION. Sworn and subscribed to So Answers, JR~ Sherif.f of Daup~cou t , C40 'V ~ Pa. before me this 27TH day of FEBRUARY, 2001 ~ C-. ~)~ f PROTHONOTARY By Deputy SheLL f Sheriff's Costs: $0.00 PD 00/00/0000 RCPT NO MARTIN .!~, ~ . I ,I,,, 'I hi "- In The Court of Common Pleas of Cumberland County, Pennsylvania Brian Hwan Sol VS. Kum Soon Sol No. 2001 1026 Civil Now, February 22. ,20~ I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff~.. ~,. . ~ 1~t:.,_ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ ". ,,/ Ji-- '" '''',1" "L.I' " ,.. - 1- i.:~ \ BRIAN HWAN SOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Ol-IO^~ NO.Oo'L026 CIVIL TERM PROTECTION FROM ABUSE KUM SOON SOL, Defendant ORDER OF COURT AND NOW, this 2nd day of March, 2001, after hearing consideration of the testimony presented, we find that the plaintiff, husband, has not carried the burden of proof and, therefore, we dismiss the temporary order and any request of his for a permanent order. BY THE COURT, ~ tot on;~ MidPenn Legal Services Joan Carey, Esquire 8 Irvine Row, Carlisle, PA 17013 For the Plaintiff Robinson & Geraldo Gerald S. Robinson P.O. Box 5320 Harrisburg, PA 17110 For the Defendant pbc