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HomeMy WebLinkAbout99-05204MAI DANG, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. C'' TON CHAU, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT' AND NOW this P ay of 1999, in consideration of the Stipulation of Child Custody attached hereto, it is hereby ordered that said Stipulation is made an Order of Court. BY THE COURT: J. a a -,?I Y n4 MAI DANG, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99- S.70•f -re, TON CHAU, CIVIL ACTION - LAW Defendant IN CUSTODY STIPULATION FOR CHILD CUSTODY AND NOW comes, Mai Dang and her counsel, Debra Denison Cantor, and Ton Chau and files the following Stipulation regarding custody, after due consideration of the best interest of the minor child: Laura Ly Chao, born on August 4, 1996. 1. Mother shall maintain primary physical custody of the minor child. Father shall have periods of partial custody as follows: a. Every other weekend from Saturday morning at 9:00 a.m. until Sunday evening at 6:00 p.m. B. Two evenings a week from 4:30 p.m. until 7:30 p.m. When the child goes to school, the visitation will be one evening a week from 4:30 p.m. until 7:30 p.m. C. Hclidays: 1. Christmas: Father shall have custody from December 24" at 6:00 p.m. until Christmas Day at 2:00 p.m. 2. Thanksgiving: Father shall have custody from 9:00 a.m. until 2:00 p.m on Thanksgiving Day. 3. The remaining holidays shall be divided as the parties mutually agree. 3. The parties agree to share transportation of the child. The party assuming custody shall provide transportation of the child. Father shall pick the child up at Mother's home, or daycare/school. Mother shall pick the child up at the Phar-Mor parking lot on Carlisle Pike in Mechanicsburg, Pennsylvania. 4. Both parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Each party shall be obligated to provide a telephone number to provide access to the minor child. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable attempts to promptly return telephone calls or messages left by the other party regarding the child. 5. Neither Father nor Mother shall make any disparaging remarks to the other parent or regarding the other parent in the presence of the child. Such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks about the other parent in the presence of the child. 6. In the event that either parent intends to take the minor child more than 100 miles from Harrisburg, Pennsylvania, each parent agrees to provide the other with the child's location and provide a telephone number for contact, if possible. MAIDANG DATE: U T N CHAU ESEL•EBL IGLU ZVBPLLOLL Yd '111H dVOV3 133HIS MIUM LEEZ MV11V SA3NUOl.LV 'O'd 'tlalOV 9 H30V3H 0 v a ?J 3 c', cl, T rw L. !I) l C/) _ c , r.: ?rS •-.:1 C T c) .) U ,-:z4- 1 ` 1m w D AUC X999 V. .. i ` 4.,. ' . .. ~ i =- ~ , r~ ?r ~r:~n 9~, , _. r= ~ ~ „- MAI DANG, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• N0.:99-5204 TON CHAU, - :CIVIL ACTION -LAW Defendant IN CUSTODY PETITION TO MODIFY EXISTING CUSTODY ORDER AND NOW, comes the Petitioner, Ton Chau, by and through his attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Petition for Special Relief and to Modify Existing Custody Order and avers as follows: 1. Petitioner is Ton Chau, an adult individual currently residing at 423 Clover St., Etters, York County, Pennsylvania 17319. 2. Respondent is Mai Dang, an adult individual currently residing at 1204 Chelsen Cross Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The parties are the biological parents of one minor child, Laura Ly Chau, born August 4, 1996. 10 . od Pa-~~' 4. An Order of Court was entered in this matter pursuant to a Stipulation for Child Custody giving the parties shared legal custody of the minor child, giving Mother primary physical custody of the minor child and giving Father periods of partial physical custody. 5. Mother has a history of anger issues which causes concern as she is directing that anger toward the minor child. 6. Father is increasingly concerned for the safety and welfare of the minor child. 7. On May 26, 2010, following a verbal and physical altercation between the minor child and Mother, the minor child ran from the Mother's home around 10:00p.m. in shorts, a t-shirt and no shoes. 8. The minor child proceeded to run more than a mile from Mother's residence to the home of family friends. 9. Cumberland County Children & Youth Services is currently conducting an investigation with regard to allegations of physical and mental abuse by Mother against the minor child. 10. The minor child has disclosed that Mother uses her bare hand, as well as a wooden spoon to hit her frequently. 11. It is believed and therefore averred that Mother repeatedly calls child derogatory names and is demeaning towards her. 12. Father fears for the minor child's safety when Mother receives notice of the pending custody action and believes it would be in her best interest to be live with him pending the custody conciliation conference. 13. It is believed and therefore averred that Mother will become extremely enraged by Father's attempts to modify the custody schedule and that she will focus this rage on the minor child. 14. Father has a strong bond with the child and believes it would be in her best interest to live with him primarily while Mother seeks counseling for anger management issues and to rebuild her relationship with the minor child. 15. The minor child has expressed an interest to live with Father. 16. Father believes that it is in the minor child's best interests to be permitted to live with him. WHEREFORE, the Petitioner, Ton Chau, respectfully requests that he be granted temporary emergency custody and that a custody conference be scheduled. Respectfully Submitted: t e ani rb. Esq. P ID #84445 Dethlefs-Pykosh Law Group 2132 Market St. Camp Hill, PA 17011 (717)975-9446 (717)975-2309 fax Attorney for Petitioner VERIFICATION I verify that the statements made in the Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ l ~~ n t MAIDANG PLAINTIFF V. TON CHAU DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5204 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, July 14, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Monday, August 02, 2010 at 9:00 AM for aPre-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. 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, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By; /s/ Dawn S. Sunda Es _ 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 DU NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, UO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association ~ ~;; nr~<<e~ ~ ~ • ~ L(• (O (~,~-~1 • U 32 South Bedford Street _,., ;; ~ `~ Carlisle, Pennsylvania 17013 ` (~ Telephone (717) 249-3166 ~ ~_. ~1-~ - - ~: ~~~ ~ q~~, ~ . -,~ ~' ~.~; _. AUG p 9 'LJ~!?.~ MAI DANG vs. TON CHAU Plaintiff Defendant 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1999-5204 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this b~ day of 2010, upon consideration of the attached Custody Conciliation Report, is ordered and directed as follows: 1. The prior Order of this Court dated August 30, 1999 is vacated and replaced with this Order. 2. The Mother, Mai Dang, and the Father, Ton Chau, shall have shared legal custody of Laura Ly Chau, born August 4, 1996. Major decisions concerning the Child including, but not necessarily limited to, her health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 3. The Mother shall have primary physical custody of the Child. 4. The Father shall have partial physical custody of the Child on alternating weekends from Friday at 6:00 p.m. through Sunday at 6:00 p.m., for which the Father shall provide all transportation for exchanges of custody. The parties agree that the Father shall have a period of vacation custody with the Child from August 7 through August 14, 2010. 5. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Thanks ig ving: The Thanksgiving holiday shall be divided into Segment A, which shall run from Wednesday at 6:00 p.m. through Thanksgiving Day at 3:00 p.m., and Segment B, which shall run from Thanksgiving Day at 3:00 p.m. through Friday at 12:00 noon. In even numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 6:00 p.m. D. Memorial Day/Independence Day/)/abor DaY: The period of custody on Memorial Day, July Fourth and Labor Day shall run from 9:00 a.m. until 6:00 p.m., or until after the fireworks on Independence Day. In even numbered years, the Mother shall have custody of the Child for Memorial Day and Labor Day and the Father shall have custody for Independence Day. In odd numbered years, the Father shall have custody of the Child for Memorial Day and Labor Day and the Mother shall have custody for Independence Day. E. The holiday custody schedule shall supersede and take precedence over the regular and vacation custody schedule. F. In the event a period of holiday custody falls either immediately before or following the Father's period of partial custody, the holiday and regular periods of custody shall run continuously without interruption. 6. The parties shall engage in a course of co-parenting counseling with a professional to be selected by the Father within two weeks of the date of the custody conciliation conference. The purpose of the counseling shall be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent their Child. The parties shall attend a minimum of four joint co-parenting sessions unless otherwise recommended by the counselor. All costs of the counseling which are not covered by insurance shall be shared equally between the parties. 7. The Father shall contact Susan Quinn, the counselor who is currently conducting counseling for the Mother and the Child, to make himself available, as recommended by the counselor, for participation in the family counseling as necessary. 8. The Father shall ensure that the Child attends all of her regularly scheduled activities in a timely manner which occur during his periods of custody. The Mother shall share all activity schedules with which she is provided for the Child to the Father to enable the Father to comply with this provision. The Father shall also contact the coaches/organizations in which the Child is participating in an activity and request that schedules be provided directly to him. The Mother shall share all information pertaining to changes to schedules to the Father on a timely basis. 9. Neither party shall enroll the Child in activities which could occur during the other parent's period of custody without consulting with the other parent and obtaining agreement on enrolling the Child in the activity. Neither party shall discontinue an activity for the Child without consulting with the other parent in advance. 10. After the parties have completed the co-parenting counseling as required in this Order, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference if necessary to address the summer and vacation custody schedules or the regular schedule. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. Both parties shall have the right to reasonable telephone contact with the Child during the other party's period of custody. Each party shall be obligated to provide a telephone number where the Child can be reached. Neither party shall interfere with the other party's telephone contacts with the Child. Each party shall make all reasonable attempts to promptly return telephone calls or messages left by the other party regarding the Child. 13. In the event either party intends to remove the Child from the local area during a period of custody, (more than 100 miles from Harrisburg, Pennsylvania), that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 14. 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 writing only. In the absence of mutual written consent, the terms of this Order sha ntrol. THE COUR' Edward E. Guido J. cc: / Melanie L. Erb, Esquire -Counsel for Father / Richard Cairo, Esquire -Counsel for Mother CBpi~S /Jta,.1~ g~o/v ~~. n°- G: 4_ ~ r .... a c:~ -a~'='' ~ -- . tl' ~ ,~, _~~ MAI DANG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TON CHAD Defendant 1999-5204 CIVIL ACTION LAW IN CUSTODY Prior Judge: Edward E. Guido 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 Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Laura Ly Chau August 4, 1996 Mother 2. A custody conciliation conference was held on August 2, 2010, with the following individuals in attendance: the Mother, Mai Dang, with her counsel, Richard Cairo, Esquire, and the Father, Ton Chau, with his counsel, Melanie L. Erb, Esquire. 3. The parties agreed to entry of an Order in the form as attached. /~ ~o ~ v Date l Dawn S. Sunday, Esquire Custody Conciliator