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HomeMy WebLinkAbout95-05565 J .,,",., -, ;~", -." .,:';':,:.,:-.:-' ...:-:, '-, ' r~~." ",.~,",. kc~ .... -. .-. .' c." , . \0 ," ~ CHI PHAM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 5'1to Ij CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY plaintiff v. DEREK JASON ERICKSON, Defendant AND NOW, this TUI'OIlAJlY ,'i1J I'.OTBCTIOM O.DB. day of october, 1995, upon presentation and consideration of the within Petition, and upon finding that the plaintiff, CHI PHAM, now residing at 4 sycamore Drive, Mechanicsburg, cumberland county, Pennsylvania, is in immediate and present danger of abuse from the defendant, DEREK JASON ERICKSON, the following Temporary Order is entered. The defendant, DEREK JASON ERICKSON, SSN:UNKNOWN and DOB:11/1/71, now residing at 6347 28th Street North, st. Petersburg, pinellas county, Florida, is hereby enjoined from physically abusing the plaintiff, CHI PHAM, or placing her in fear of abuse. The defendant is ordered to stay away from the plaintiff's residence located at 4 sycamore Drive, Mechanicsburg, cumberland County, Pennsylvania, a residence which is owned by the plaintiff's parents. The defendant is ordered to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. The defendant is enjoined from harassing and stalking the plaintiff and from harassing the plaintiff's relatives. The defendant is enjoined from entering the plaintiff's place of employment. A violation of tbia Ord.r aay aubj.ct tb. daf.ndant tOI i) arr..t und.r 13 'a.C.8. '1113/ ill a priv.t. crialn.l coaplaint und.r 13 'a.C.8. '1113.11 iil) a charq. of indir.ct criainal cont..pt und.r 13 'a.C.8. 'Illt, punl.habl. by iapriaona.nt up to ai. aontb. .nd a fin. of f100.00-f1,000.001 and lvl civil cont..pt und.r 13 'a.C.8. ,Illt.l. R..uaption of co-r..id.nc. cn the part of th. plaintiff and d.f.ndant aball not nullify tb. provi.ion. of th. court crd.r. This order shall remain in effsct until modified or terminated by the court and 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. Temporary custody of ZEREN PHAH, is hereby awarded to the plaintiff, CHI PHAH. -.t. ( A hearing shall be held on this matter on the ') "\ day of october, 1995, at i ('to '",m., in Courtroom No..2-, Cumberland county Courthouse, carlisle, Pennsylvania. The plaintiff may procesd without pre-payment of fees pending a further order after the hearing. The cumberland county Sheriff's Department shall attempt to make service at the plaintiff's request and without pre-payment of fees, but service may be accomplished under any applicable rule of civil Procedure. CHI PHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95- CIVIL TERM DEREK JASON ERICKSON, Defendant PROTECTION FROM ABUSE AND CUSTODY HOT I C B You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action promptly after this Petition, Order and Notice are served, by appearing personally or by attorney at the hearing scheduled by the Court and presenting to the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the Court may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. r.., AXD COlT. If the case goes to hearing and the judge grants a Protection Order, a surcharge of $25.00 will be assessed against you. You may also be required to pay attorney fees to Legal Services, Inc. for their representation of the plaintiff. You sbould t.k. tbi. pap.r to your lawy.r at onc.. If you do not bav. a lawy.r or cannot afford on., 90 to or tal.pbon. tb. offic. s.t fortb b.low to find out wb.r. you can 9at l'9al b.lp. COURT ADMINISTRATOR, 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the courtr 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. CHI PHAM, : IN THE COURT OF cOMMON PLEAS OF plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA v. : : NO. 95- 5:i(,5 CIVIL TERM DEREK JASON ERICKSON, : Def.ndant : PROTECTION FROM ABUSE : AND CUSTODY PITITIOM rOI PIOTICTIO. OIDI. alii) CUITODI I.LIlr OMO.I T.. 'IOT.CTIO. raOH ABUI. ACT, 13 ,..C... . 1101 .t ..q. A. UUII 1. The plaintiff, CHI PHAM, is an adult individual residing at 4 sycamore Drive, Mechanicsburg, Cumberland county, p.nnsylvania 17055. 2. The d.fendant, DEREK JASON ERICKSON, SSN:UNKNOWN and 008:11/1/71, is an adult individual residing at 6347 28th street North, st. Petersburg, pinellas county, Florida 33714. 3. The d.fendant is the father of the plaintiff's child. 4. since approximately 1994, the defendant has attempted to cause and has intentionally, knowingly, or recklessly caused bodily injury to the plaintiff, has placed the plaintiff in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a course of conduct or repeatedly committed acts toward the plaintiff under circumstances which have placed the plaintiff in reasonable fear of bodily injury. This has included, but is not limited to, the following specific instances of abuse: a. On or about August 22, 1995, the defendant refused to allow the plaintiff to leave for work blocking her exit with his body. The defendant hit the plaintiff several times with his fist about her head and body and kicked her in the ankle. The plaintiff moved from Florida to Pennsylvania after this incident to avoid further abuse. b. In or around the middle of September 1995, the defendant repeatedly telephoned the plaintiff and when she wouldn't speak to him on the telephone, threatened to come to Pennsylvania, causing the plaintiff to fear for her safety because of past incidents of physical abuse. c. In or around August 1994, on approximately three separate occasions, the defendant pushed the plaintiff down onto the couch and punched her about the head several times, causing swelling and soreness. d. In or around December 1994, the defendant threatened to kick the plaintiff, who was three months pregnant, in the stomach. The plaintiff attempted to leave the residence and the defendant pushed the plaintiff with enough force to cause her to fall onto a guitar speaker, causing brusing to her buttocks. 5. On or about August 22, 1995, the plaintiff and her minor child left their residence at 6347 28th Street North, st. Petersburg, pinellas county, Florida, in order to avoid further abuse. 6. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse from the defendant, and that .he is in need of protection from such abuse. 7. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 8. The plaintiff desires that the defendant be enjoined from harassing and stalking the plaintiff, and from harassing the plaintiff's relatives. 9. The plaintiff desires that the defendant be restrained from entering her place of employment. B. a~o"IY rll' 10. The plaintiff asks that the defendant be ordered to pay reasonable attorney fees to Legal Services, Inc. C. TIK.OIAaY CUITODY 11. The plaintiff seeks temporary custody of the following child: ~ .r..ent R..i4.nc. Mm ZEREN PHAM 4 sycamore Drive Mechanicsburg, PA The child was born out of wedlock. 3 mos. The child is presently in the custody of the plaintiff, CHI PRAM, who resides at 4 sycamore Drive, Mechanicsburg, Pennsylvania. Since birth, the child has resided with the following p.r.ons and at the following addresses I .... plaintiff , d.fendant ..lIlIr..... oat.. 6347 28th st. North st. Petersburg/ FL 7/8/96 - 8/24/96 plaintiff, 4 sycamore Drive plaintiff'S parents Mechanicsburg, PA , plaintiff's siblings The mother of the child is CHI PHAM, currently residing at 4 8/24/96 - present Sycamore Drive, Meohanicsburg, Pennsylvania. She is single. The plaintiff currently residss with the following persons I IiAU Relation.hi>> father mother si.ter brother brother PHUOC PHAM LAN LUONG PHUONG PHAM HUY PHAM NAM PHAM The father of the child is DEREK JASON ERICKSON, currently residing at 6347 28th street North, st. Petersburg, Florida. He is single. 12. The plaintiff has not previously participated in any litigation concerning custody of the above mentioned child in this or any other Court. 13. The plaintiff has no knowledge of any custody proceedings concerning this child 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 child or claims to have custody or visitation rights with rsspect to the child. 15. The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintiff pending a hearing in this matter for reasons including: a. The plaintiff is a fit parent who can best take care of the minor child. b. The defendant has shown by his abuse of the plaintiff that he is not an appropriate role model for the minor child. c. The defendant's behavior has adversely affeoted the child. WHEREFORE, pursuant to the provisions of the "Protection froll Abuse Act" of October 7, 1976, 23 Pa.C.S. S 6101 n 1laII., as amended, the plaintiff prays this Honorable court to grant the following relief: A. Grant a Temporary Order pursuant to the "protection from Abuse Act:" 1. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse, 2. ordering the defendant to refrain from having any direot or indirect contact with the plaintiff including, but not limited to, telephone and written communications, 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff's relatives, 4. prohibiting the defendant from entering the plaintiff's place of employment; 5. Ord.ring the defendant to stay away from the plaintiff's residence located at 4 sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania, which the parties have never shared; 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself ; 7. Granting temporary custody of the minor child to the plaintiff; B. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one yearl 1. ordering the defendant to refrain from abusing the plaintiff or placing her in fear of abuse. 2. ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. ordering the defendant to refrain from harassing and stalking the plaintiff and from harassing the plaintiff'S relatives. 4. Prohibiting the defendant from entering the plaintiff'S place of employment. 5. ordering the defendant to stay away from the plaintiff'S residence located at 4 sycamore Drive, Mechanicsburg, cumberland county, Pennsylvania, which the parties have never shared. 6. Ordering the defendant to stay away from any residence the plaintiff may in the future establish for herself. 7. Ordering the defendant to pay reasonable attorney fees to Legal services, Inc. The plaintiff further asks that this Petition be filed and s.rved without pre-payment of fees by the plaintiff, and that a certified copy of this Petition and Order be delivered to the silver spring Township police Department who has jurisdiction to enforce this Order. The plaintiff prays for such other relief as may be just and proper. COUNT II CU.~ODY UMD" P....YLV..IA CU.TODY LAW 16. The allegations of Count I above are incorporated herein as if fully set forth. 27. The best interest and permanent welfare of the minor child will be served by confirming custody in the plaintiff as set forth in Paragraph 15 of the Petition. WHEREFORE, pursuant to 23 Pa.C.S. S 5301 at agg., and other applicable rules and law, the plaintiff prays this Honorable court to award custody of the minor child to her. lJ l~ 'I 'J~ .~ ~ ~ '", ~ .( tll 0 f " h ; ~ = ....- .... I':"".J ~ ;r ~ ~ . ..I --.- ! ,- ., '~:..::J ~ ell I PIIAM. Plaint I ff : I N Tim COURT OF COMMON PLEAS OF I eUMIIERLANJ) COUNTY. PENNSYLVANIA NO. 95-5565 CIVIL TERM v. DEREK JASON ERICKSON. Defendant PROTECT/ON FROM AnUSE AND CUSTODY Q.lUlliR FOR CQ1IT11ill~~ l,h\', AND NOW, this -d_ day of October, 1995. upon consideration hearing on October 23, /995, by this Court's Order of October 17, 1995, Is hereby rescheduled for hearing on I \,(IlI.t"IIlW'-\ ,~? 1995, at J..l1-illLlj"m. In Courtroom No.2. The Temporary Protect Ion Order wi I I remain in effect, fllf".,. l.6'~P~.=::Y""~nL11 A fInAl "."~F I. IlIt.1..LI1 I" .I.I~ ~_~~.. "-':4U-~.u:.J"d--CQPL...(!.Lt his Or.dlll' fgf CO.. t I..un...... ..1/1 1>_ of the IIttached Motion for Continuance. the matter scheduled for ~M-I'H..!..a-.w.u.r~ PI'6Y+de~.1 h.. Sll\la.r-~-lnl!.....:r()Wftfifi11>-Pe-H-(ltl RellA. till.... t 1>" t Il4 By the Court. /' ." .' ~ . , \~--1~_ Edgar B. lIaYley, JUdge / J I". -t.. j(\ ~ - 'j ~ .. ~ .~ >. if: ..' . ~ r- :r .;'-."J t:; (.:..:.J I co .... .:: [:; .. ''I c"' ~) .... I~ :r.: ~~ ":1 ~ CJ~. o<;t ~, -,.> q~' ~ . S' N : -l. \ "'. -:JI~ ffv.f L' IheJ F'" u,. l!~U. '. c.;: ~ In It.,: 1.1' d l j li.1 ! , " l.'ni< .' .. " /-; fl i i . l,J ~.. '" '" .1 ... ....; ...j ~, '1 (" ~ t' ".