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Home My WebLink About00-00444 JAM 2 6 2001tD "< I I RICHARD W. SCOTI', Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. . . : CIVIL ACTION - LAW NGOC THUY VU, Defendant . ; CUSTODYNO.o<&-1rtl - yyy , ~ ORDER OF COURT .Alo. And now, this ~(D day of ~u,\..a)1..06 . 2000, upon consideration of the attached complaint, it is h~y directed t the al)Qve parties and their respective !X>unsel appear ' before _[)u I n\ oS (.l.vi*, . Esquire, the Conciliator, at ,'YI .)1{ 'r~ /\'. 'JL\I..c:I- ~_d\tCt\.LC5L4 d Pennsylvania, on the ' day of ~ , 2000, at ?l em AM.~,M,. for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or iftbis 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 be present at the conference. Failure to appear at the conference may provide grounds for the entIy of a temporary or permanent order. FOR THE COURT: By: D!.-L.Ul\....-~~ ~u.xv:lCU( (t5~ fVqJ Custody Conciliator U YOU SHOULD TAKE TIllS APPEAR TO YOUR LAWYER AT ONCE. IF YOU 00 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 (800) 990-9108 F:7LFn-(iI:cy"c OF' .; ,::,~ ,~':;'~(~.~.!, :_,l<!- '."." :C.ifOTAJIY 00 JAM J^ I p" I .. Ii: 5~ '-,", ('U"""" '-J iY1Wt:nLAiv'[) tY-- PENNSYLV/W/~Ul"7Y / -J/,ClO W. ~ ~ 4- a~ /'Ya:J '1ldra ~ Z~. , , /-J/'Otl ~ /I-l ~ ~" ~~afr '., , ~~ " """"'~ - , _ lIt!l'j\\Il~~~'it~"'~J_"" ~l'IlIJ!l!IIIlI~IllJl~ .~l_c~~,,, ~ _, RICHARD W. SCOTT, Plaintiff : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. . . : CIVIL ACTION - LAW NGOC THUY VU, Defendant . : CUSTODY NO. c2 ovv. 'I V Y CQMPIAlNT FOR CUSTODY AND NOW, comes Plaintiff, Richard W. Scott, through his attorney, the Law Office of Darrell C. Dethlefs, and avers the following: 1, Plaintiff is Richard W, Scott, an adult individual with a residence located at 4415 North Front Street, Harrisburg, Pennsylvania 17110. 2, The Defendant is Ngoc Thuy Vu, an adult individual with a residence located at 319 3rd Street, Apartment 6, West Fairview, Pennsylvania 17025, 3. Plaintiff seeks temporary physical and joint legal custody of Aaron Hugh Scott, born 3/23/93, (hereinafter known as Child). 4, Plaintiff, Richard W. Scott, and Defendant, Ngoc Thuy Vu are divorced. The child was born during the marriage. 5, Plaintiff and Defendant are the natural parents of the child. 6. Plaintiff has no information ofa custody proceeding concerning the child pending in a Court of this Commonwealth. 7. The best interests and pennanent welfare of the child will be served by granting the relief requested because the Plaintiff is being denied the ability to have visitation with the child. 8. Plaintiff is requesting joint legal custody and temporary periods of physical custody of the child. 9. Neither party hereto are members of the Armed Forces of the United States or any of its allies. ~. _, ", 7 ~ '0-0'''' '~__" J WHEREFORE, Plaintiff respectfully requests this Court to grant joint legal custody and temporary periods of physical custody of the child, to Plaintiff. Respectfully Submitted, Date: By: , , '.' , " -'-- --~ '" ~ -- a& RICHARD W. SCOTT, Plaintift' : IN THE COURT OF COMMON : PLEAS, CUMBERLAND COUNTY, : PENNSYLVANIA v. NGoc THUY VU, : CIVU... ACfION - LAW Defendant : CUSTODY NO. VERfFfr..4. nON Date: I hereby verify that the statements of fact made in the foregoing Petition for Custody, are true and correct to the best of my knowledge, information and belief I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. 1tt~~/ Richard W. Scott /" I-IiI - () 0 I , " "~""'''''''_~~~~~~~i>1IillJldjR",~~~-'' lilil~ ~ \ ~ ~ ~ ("'""'-. ~ L" - (") 0 C) C 0 .'n :c- "- -nEe; ;:.~ nl rt~ ~~"" ;TJ Z::n ,". LC N -~'lrp UJ ,- -r;'- " \:;~ ~~; ~-~',,:J (-) ,J .- - -r, ;i> -,,,,. r\,-r--! LO ".:j::C) -0 Pc LJ c5i~n L -.j N 'h =< 5:, -< , J"I[" " ~l o' . .- Michael S. Travis ill No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 RICHARD W. SCOTT, Plaintiff v. NGOC THUY VU, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION -LAW . : CUSTODY NO. 2000-444 CIVIL ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant in the above-captioned matter. Date: a j;g/ ~ ~d~~ . . ill No. 77399 4076 Market Street, Suite 209 Camp Hill, P A 17011 (717)731-9502 Fax (717)731-9511 ,<" .~~"~ ,.:-.1 ." ~ . RICHARD W. SCOTT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . : CIVIL ACTION - LAW NGOC THUY VU, Defendant . : CUSTODY NO. 2000-444 CIVIL CERTIFICATE OF SERVICE I, Michael S. Travis, certifY that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: Dated: J7 Je/o?~ Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 ~ ' c S. Travis ill No. 77399 4076 Market Street, Suite 209 Camp Hill, P A 17011 (717)731-9502 Fax 731-9511 Attorney for Defendant ~ii!l~~IiliillII~:iila/!lI~~iIiDJfil[~"-""""1!llii!_~""t;;'~Irili>jim.....",,J,"~_.~~ '~ ...." _-N"'SIII1IIMN/il;'"' ~~ (") f~ Sfltt ~2::~ ~~ :S --<: r"v ~.~. C) ...,., ::q '_.21 N (,....,::, \.-; -:::!~J i ~~\ :;;:-:~ ., .~ ~ . - !"OIt..L -"L............ RICHARD W. SCOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 0Q-444 CIVIL TERM : NGOC THUY VU, Defendant : CIVIL ACTION - LAW IN CUSTODY . . CUSTODY <Xl!l:CILIATIOO SUMMARY REPCRT IN ACXDRDANCE WITH CUMBERLAND CXXlNTY RULE OF CIVIL P&.UallJRE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN ClJSl'ODY OF Aaron Hugh Scott March 23, 1993 Mother 2. A CUstody Conciliation Conference was held on March 9, 2000, with the following individuals in attendance: The Mother, Ngoc Thuy Vu, with her counsel, Michael S. Travis, Esquire, and the Father's counsel, Michael J. Pykosh, Esquire. The Father did not appear at the Conference. 3. The Father filed this Petition for partial physical custody of the Child. The only existing Order addressing custody of the parties' Child is the Decree of Divorce entered on January 31, 1994 by the 302 Judicial District, Dallas County, Texas, which appears to grant the Mother primary physical custody and the Father partial custody at times arranged by agreement of the parties. 4. In light of the fact that the Father did not appear for the conciliation Conference, it was agreed between counsel, and the Mother, that the parties will cooperate, with the assistance of counsel, to schedule weekly supervised periOds of custody for the Father at Inner works. It was determined that it is not necessary to have a Court Order entered with respect to custody at this time. 5. In the event the parties are not able to work out ongoing custody arrangements between themselves and counsel, counsel for either party may file a Petition for an additional CUstody Conciliation Conference. ~ 9. Mvu Date ~ ~q~~ CUstody Conciliator cc: Michael J. Pykosh, Esquire - Counsel for Father Michael S. Travis, Esquire - Counsel for Mother \,IJUUl V ~ all" Ji ~ z :u ~!;j ~ H ~ zgj!i! ~ ~ ~ ~p~l'] "w ll1lill! I~ :e !;j~!8~ g.\Ola;:Q-' . e ;:; := a o er _. ~~ . ~ ... := .. , " ~.. El 8~ r~ & ..... fl) lIP ><~ l? ~ e; ~ ':. )10\ (lJH '!" e:. .. ,,' Gl~ ~ . ....., ~~()' ~ ,,- " :J ;::Vl' := ;gf:: rt o H ql"l:== ..... ><I~i~ ...... (tI ~ C' = ~~ HI c5g.B'~~ HI H rt ~I~~ ~ '"'" ~ ~~ ~~ ,', (') 0 ~ c <::) ;:: :x: .-< ~w. """ ~ Z:J:J ;'0 n, fi! ~t; -rJ~ tJ1 6,' C'<.:<', kO :I:- :;:! i ~, ~o ::J: 00 ..-0 S? Zm J>c: 0 ~ w ?8 \0 -< RICHARD W. SCOTT PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NGOC THY VU 2000-444 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12th day of June ,2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsbur2, PA 17055 on the 26 day of s.../v ,2000, at 3:00 - . 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. FOR THE COURT, By: /s/ 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 TillS 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 !':iL :::C)--'.Oi,:'i:"iCE OF T! :~,~ ,Jr\:'r~)T!\RY OOJII\I ',b'~ D:I ')': '"'I. 1..,. ~ 'i ! j,,, 1.1. CU{vi8lFki,NO COUNTY PENNSYLVANiA tfl~O() fld-~ ~ 1; 4' \A~ ~/t:aJ ~~ ~ ~ ~S'. t;/i't?tJ ~ ~ ~4~~ , , ,""- ,~~'" ~-~ , ~ - , ,1llI"\'i"l!t'~~"t..,"~ ....~I!I ., -~. ,-----..' " __, ,____~,' ow-" .','",' . JUN - 9 20~ RICHARD W. SCOTT, Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-444 CIVIL TERM NGOCTHYVU, PetitionerlDefendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT You, Richard W. Scott, Respondent, have been sued in court to modify custody and visitation of the child: Aaron Hugh Scott. You are ordered to appear in person at Pennsylvania, on the day of , 2000, at _ _.M., for a conciliation or mediation conference. a pretrial conference. a hearing before the court. If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA~ A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association Carlisle, P A 17013 (717) 249-3166 --,-,' ~-., --:':~J: ~ Michael S. Travis ill No. 77399 4076 Market Street, Suite 209 Camp HilI,PA 17011 (717) 731-9502 RICHARD W. SCOTT, RespondentJPlaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 00-444 CIVIL TERM NGOC THY VU, PetitionerlDefendant : CIVIL ACTION - LAW : IN CUSTODY PETITION TO REMOVE CHILD FROM JURISDICTION 1. Petitioner is Ngoc (Susie) Thy Vu, defendant in the above-captioned matter. 2. Respondent is Richard W. Scott, plaintiff in the above-captioned matter. 3. The parties were divorced on January 31, 1994 in Dallas County, Texas. 4. There is one minor child of the parties, Aaron Hugh Scott, born March 23, 1993. 5. Respondent filed a Complaint for Custody January 14,2000. 6. Respondent failed to appear for the conciliation, and it was determined that an order was not necessary as the Texas divorce decree granted primary physical custody to the mother/petitioner. A copy of the conciliation report is attached hereto as Exhibit 1. 7. Respondent father is subject to protection from abuse order captioned 96-0994, and was recently fined for harassment against petitioner. 8. Petitioner is not opposed to supervised visitation of the child, until the respondent obtains suitable drug and alcohol counseling; however, respondent has failed to appear at the recent custody conciliation to arrange for supervised visitation. 9. Petitioner has accepted an employment position in Boston, Mass., in July 2000, and intends to relocate there permanently. 10. Petitioner has been the primary physical custodian of the child throughout his life. 11. Respondent has not taken part in the child's life. 12. Petitioner will continue to allow for reasonable times of visitation as provided under the Texas Order should respondent avail himself to the offered supervised visitation. .l I 13. Petitioner's proposed move considers the needs of the child, and will allow her to provide for the child. Additionally, respondent has failed to pay child support. 14. If petitioner is permitted to remove the child under the present circumstances, respondent will not be denied his custody rights under the agreement. 15. The removal of the child is in the best interests and welfare of the child. 16. Respondent will not be irreparably harmed should petitioner be permitted to remove the child from the jurisdiction. WHEREFORE, the petitioner respectfully requests that this Honorable Court issue an Order confirming petitioner's desire to relocate outside the Commonwealth on a permanent basis. Respectfully submitted, ~&s' Attorney for Petitioner ill No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 DATED: j-f4~ VERIFICA nON Petitioner verifies that the statements made in this Petition to Remove Child from Jurisdiction are true and correct to the best of her knowledge, information and belief. Petitioner understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Section 4904, relating to unsworn falsification to authorities. j &JJ~ ;/ Ngoc( ie)ThuyVu Petitioner . 0 C) (") c c:;> 'Tt :s: '- .-~ -(le,; c:: ~fi;2 UllJ.' :;-01':::- :z ..L; I _;__\[11 zc ;:.\~:), 0- ~~~, CO ~c :r'P ';?5 ~'>-...--.. , ~~~~ \9 ~-5ij1 z :.n ?;j :<! :'b \,0 -< i ,~ B\:i" . RICHARD W. SCOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 00-444 CIVIL TERM . . NGOC THY VU, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NCW, this ,,1M day of ~ , 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Ngoc Thy Vu, shall have primary physical and legal custody of Aaron Hugh Scott, born March 23, 1993. 2. The Father, Richard w. Scott, shall have visitation with the Child as arranged by agreement of the parties. 3. The Mother may relocate with the Child to Boston, Massachusetts. cc: Michael S. Travis, Esquire - Counsel for Mother Richard W. Scott, Father Michael J. Pykosh, Esquire ~opW>~ 'g-7-00 ~ "'_!iiillI~lllii"~RJ~;;,".A",!>,,,~,I"L-!.''''',,,","~,'li!,J," ~~ ~ (') ~ N l-:::: .. 9~ I_U~ C1\ -~ ...) ,~ :c ;-0 """ ~i j,..L,. .,- .;....1'--- 0<:: r- Oc!: I uJ Cl~ ffi~ _J!.. (1) o::t: ~ dl f- ;;; U- Q ::> 0 c:> Q I _ " '"~,~~ -~-~~ .-~IIIIIllIIii;t;;li~""""~ ~- ~lIioil..'~ ' ~~~ t'-I ~ ...._1 RICHARD W. scorr, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : vs. . NO. 00-444 CIVIL TERM . : NGOC THY VU, . CIVIL ACTION - LAW . Defendant : IN CUSTODY CUSTODY CCI!iICILIATIOO SDMMARY REE'(ET IN AccaIDANCE WITH CUMBERLAND CXXlN'.I.'Y RIlLE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTfI CURRENTLY IN CUSTODY OF Aaron Hugh Scott March 23, 1993 Mother 2. A Custody conciliation COnference was held on July 26, 2000, with the following individuals in attendance: The Mother's counsel, Michael S. Travis, Esquire. The Mother, Ngoc Thy Vu, was unable to attend the Conference due her employment. The Father, Richard W. Scott, did not attend the COnference or contact the COnciliator. The Mother's counsel advised that the Father's former counsel, Michael J. Pykosh, Esquire advised him that he no longer represents the Father. The Mother's counsel also indicated that he served the Father with a copy of the Petition and notice of the COnciliation COnference both at the address provided by the Father's parole officer and also directly to Michael J. Pykosh, Esquire, who represented the Father at the prior COnference. 3. The Mother filed this Petition for approval of her proposed relocation with the Child to Boston due to her employment. The Father initially filed a COmplaint for custody on January 31, 2000. However, the Father did not appear at the COnference for reasons which were unknown to his counsel, Michael J. Pykosh, Esquire who did attend the Conference. It was determined at the COnference that the parties' Divorce Decree, which was entered on January 31, 1994 by the Dallas County, Texas Court granted the Mother primary physical custody subject to the Father's periods of partial custody as arranged by agreement. Therefore, it was agreed it was not necessary to obtain an additional Court ~der at that time. 4. According to the Mother at the prior Conference and the Mother's counsel at the current COnference, the Father has not sought contact with the Child since at least January 12, 2000. Prior to that, the Mother advised that the Father visited with the Child on only an occasional basis. The Mother's counsel indicated that the Mother, who had previously been a ~ ~_~' I student in the local area, has found an excellent job opportunity in Boston with Rayetheon and seeks approval to relocate with the Child in order to accept the employment opportunity. 5. Based upon the representations of the Mother, through counsel, at the Conference and the fact that the Father did not attend the Conference or contact the Conciliator, the Conciliator recommends an Order in the fOJ:m as attached. ~ I 3 J ,J-ni) 2J , i1J~ Dawn S. Sunday, Esquire Custody Conciliator