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HomeMy WebLinkAbout08-1677IAN JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 08 - /G 77 CIVIL TERM SOPHIALOREN NGUYEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IAN JOHNSON, Plaintiff V. SOPHIALOREN NGUYEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - It, 71 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE/CUSTODY 1. The Plaintiff is Ian Johnson, an adult individual whose current residence is 174'/ East Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Sophialoren Nguyen, an adult individual whose current residence, and that of her parents, is 7 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and the Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and the Defendant were married on November 9, 2005 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. The Plaintiff and the Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since the date of the filing of the Divorce Complaint and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. The Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a decree in divorce. COUNT II CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth. 13. The Plaintiff seeks sole legal custody and sole physical custody of his children: Noah Isaac Johnson, born August 27, 2005, and Moses Isaiah Johnson, born March 25, 2007. 14. The children are presently in the custody of the Plaintiff. 15. The children have lived at the following addresses: Address Dates Resided With 174 % E. Penn Street Mar 2008 - Present Father Carlisle, PA 17013 7 Forgedale Drive Aug 2005 - Mar 2008 Father & Mother Carlisle, PA 17015 16. The relationship of the Plaintiff to the children is that of natural father. 17. The relationship of the Defendant to the children is that of natural mother. 18. The Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 19. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 20. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 21. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is the primary caregiver for the children, because the Defendant has displayed evidence of escalating, serious mental health issues, because the Defendant has demonstrated a complete lack of parental concern for the children, and because the Defendant abandoned the children and her whereabouts are currently unknown. 22. The Defendant completely abandoned the children on or about Wednesday March 5, 2008, and has since disappeared. 23. The children were sick at the time of their abandonment. 24. The Defendant left the children with her parents and has not been heard from since. 25. The Defendant is aware that the children are ill, yet has not bothered even to telephone. 26. The Plaintiff and other parties who telephone the Defendant receive a recording that the cellular customer is not taking calls, or words to that effect. 27. The Defendant's whereabouts are unknown. 28. It believed, therefore it is averred, that the Defendant has escalating mental health problems. 29. The Defendant frequently loses her temper with the children and uses them to vent her rage when angry with the Plaintiff. 30. These hysterical outbursts have raised concern in the Plaintiff over whether Defendant will turn physically violent with the children, in addition to the fact that the children are forced to suffer such emotional treatment from the Defendant. 31. The Defendant required a hospital visit at Carlisle Regional Medical Center on or about February 13, 2008, as a result of a severe anxiety attack. 32. The anxiety attack was reportedly due to a then current fear that the Defendant was pregnant with the baby of one of her paramours, with whom she had had an illicit sexual relationship unbeknownst to Plaintiff. 33. The Defendant has admittedly conducted at least two clandestine affairs during her marriage to the Plaintiff. 34. The Defendant admitted to the Plaintiff's sister that the Defendant has on at least one occasion left the children - who were then two years old and not even one year old, respectively - alone downstairs watching television while she took one of her paramours upstairs to the parties' bedroom for a sexual liaison. 35. Considering this appalling activity and the astounding lack of parental concern on the part of the Defendant, the Plaintiff fears for the safety and well-being of the children while they are in Defendant's custody. 36. The Defendant, during her marriage to Plaintiff, would typically push custody off on her parents rather than care for the children while Plaintiff was at work, despite the fact that Defendant was and is unemployed. 37. Now the Defendant is simply gone without warning, without explanation, and, inferentially, without any concern for the children. 38. The Plaintiff, on the other hand, has displayed a marked maturity with a lifestyle of hard work and parental concern and care for the children. 39. The Plaintiff has, among other actions, secured a new home and has made a valiant and successful effort to preserve the best interests of his children. 40. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant Plaintiff's requests for sole legal custody and sole physical custody of the children. Respectfully Submitted, 0-313 0 Date Lorin re yder, Esquire 28,6 uthpAM . Street C , PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Ian hai6`n,,"' CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by certified, return receipt requested, postage pre- paid and depositing same in the United States Mail, first class, postage pre-paid on the Thirteenth day of March 2008, from Carlisle, Pennsylvania, addressed as follows: Sophialoren Nguyen 7 Forgedale Drive Carlisle, PA 17015 Lor vrt?`Fyder, Esquire outh Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 Attorney for Plaintiff :tll T X n, y C J y ,: ( G0 - IAN JOHNSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SOPHIALOREN NGUYEN DEFENDANT 2008-1677 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 17, 2008 ?, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 24, 2008 at 10:30 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. 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/ Hubert X. Gilroy, Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 T??s ! r ?. ?.. 3 "po APR 012008 IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 2008-1677 Defendant IN CUSTODY COURT ORDER AND NOW, this 3Ad day of , 2008, the Conciliator being advised the parties have reconciled, the conciliation conference scheduled in this case is continued generally. In the event either party or their attorney desires to schedule another conference they may request such a conference be scheduled by contacting the Custody Conciliator directly. Hubert X. Gilroy, E: Custody Conciliator cc: '/Lorin Andrew Snyder, Esquire ,.,-,Ms. Sophialoren Nguyen c ec M. ' LECL P XyI V40 MN AIASNN3d kNf)Or,') O" V7? M-WtO ? f %b 14V h- Hdw 8002 AMONOHiOdd 3HI _3 IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 08 - 1677 Defendant DIVORCE/CUSTODY CUSTODY STIPULATION AGREEMENTf A THIS STIPULATION AND AGREEMENT, entered into this o _ day of JU )Jf- , 2008, by and between Ian Johnson and Sophiakren Nguyen is executed in contemplation of becoming an Order of Court. WHEREAS, Ian Johnson and Sophialoren Nguyen are the parents of Noah Isaac Johnson, born August 27, 2005, and Moses Isaiah Johnson, born March 25, 2007; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of the Children, Noah Isaac Johnson and Moses Isaiah Johnson. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows; All previously existing custody orders are hereby vacated. 2. Noah Isaac Johnson, born August 27, 2005, and Moses Isaiah Johnson, born March 25, 2007 (hereinafter the "Children"), are the natural children of Ian Johnson (hereinafter the "Father") and Sophialoren Nguyen (hereinafter the "Mother"). 3. Shared legal custody of the Children as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both the Father and the Mother, as the natural parents. Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion add consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Children from the other party. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Children 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 thereafter possible. Each parent shall be entitled to complete and full information R i from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The parties shall share physical custody of the Children equally as follows: a. On Monday, Tuesday and Wednesday, they Father shall drop off the Children with the Mother at 3:00 p.m. and pick the Children up at 11:00 p.m., or at such time as the Father leaves work. b. On Thursday, Friday and Saturday, the Father shall drop off the Children with the Mother at 3:00 p.m. and pick the Children up the following day at 9:00 a.m. C. Physical custody of the children for Sundays shall alternate every other week between the parties. i. The Father shall pick up the Children at 9:00 a.m. on a Monday following the Mother's Sunday custody. d. Scheduled times for exchanges of custody shall be as flexible as required by the parties' varying work schedules, and may be adjusted as is reasonably necessary by agreement. 5. Custody of the Children for holidays shall be as follows: a. The Father shall have custody of the Children for the holidays of Easter, Thanksgiving, Christmas and New Year's Day. b. The Mother shall have custody of the Children for the holidays of Valentine's Day, Memorial Day, the Fourth of July, Halloween and New Year's Eve. 6. The Father shall have custody of the Children on Father's Day and the Mother shall have custody of the Children on Mother's Day. 7. The Father and the Mother shall have joint custody of the Children for each of the Children's birthdays. 8. The custodial parent shall provide to the non-custodial parent, in a timely fashion, any and all information regarding the Children's educational progress, religious training, mental health, physical health, welfare and social events, including copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition, or welfare. 9. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 10. The Father shall provide transportation of the Children for exchanges of custody. 11. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that any parties whose custodial rights may be affected must be in complete agreement to any new terms. In other words, the affected parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 12. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. J",.hial en Ngua e Witness ('} r.a ;?:° ?? `. i .,....., ? ?? T ?? ? ? v ., *, a?w3 a'° Cr.? ' `?; f-t'1 •?? C`7 IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 08 -1677 Defendant : DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified, Returned Receipt mail delivered on or about March 13, 2008. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code. By Plaintiff: June 20, 2008 By Defendant: June 20, 2008 4. Related claims pending: None. Date the Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: By Plaintiff: July 1, 2008 By Defendant: July 1, 2008 Respectfykll yAubmitted, Date: July 1, 2008 Lor An ?nfSnyder, Esq. T r Offices S. Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff Q ? ! te f'il r P "' N "tom vA _ < IAN JOHNSON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1677 CIVIL ACTION LAW SOPHIALOREN NGUYEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 17, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on _ Thursday, April 24, 2008 _ at 10:30 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. 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/ Hubert X. Gilroy, Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Ogg 4 L r `aiwj;r47t4 I? h :? a4:1 Llt?dZ -Hi ?a MAR 14 ZU . IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 08 - 1677 Defendant DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of 2008, upon consideration of the attached Petition to Modify Custody, it is hereby directed that the parties and their respective counsel appear before Conciliator, at Esq., the on the day of , 2008, at M., 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. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Custody Conciliator 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 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 LAWYER AT ONCE. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IAN JOHNSON, Plaintiff V. SOPHIALOREN NGUYEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - It, 77 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IAN JOHNSON, Plaintiff V. SOPHIALOREN NGUYEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1671 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE/CUSTODY 1. The Plaintiff is Ian Johnson, an adult individual whose current residence is 174'/2 East Penn Street, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Sophialoren Nguyen, an adult individual whose current residence, and that of her parents, is 7 Forgedale Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and the Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and the Defendant were married on November 9, 2005 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. The Plaintiff and the Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since the date of the filing of the Divorce Complaint and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. The Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, the Plaintiff respectfully requests your Honorable Court to enter a decree in divorce. COUNT II CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as if fully set forth. 13. The Plaintiff seeks sole legal custody and sole physical custody of his children: Noah Isaac Johnson, born August 27, 2005, and Moses Isaiah Johnson, born March 25, 2007. 14. The children are presently in the custody of the Plaintiff. 15. The children have lived at the following addresses: Address Dates Resided With 174 % E. Penn Street Mar 2008 - Present Father Carlisle, PA 17013 7 Forgedale Drive Aug 2005 - Mar 2008 Father & Mother Carlisle, PA 17015 16. The relationship of the Plaintiff to the children is that of natural father. 17. The relationship of the Defendant to the children is that of natural mother. 18. The Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the child in this or any other Court. 19. The Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. 20. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. 21. The best interest and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is the primary caregiver for the children, because the Defendant has displayed evidence of escalating, serious mental health issues, because the Defendant has demonstrated a complete lack of parental concern for the children, and because the Defendant abandoned the children and her whereabouts are currently unknown. 22. The Defendant completely abandoned the children on or about Wednesday March 5, 2008, and has since disappeared. 23. The children were sick at the time of their abandonment. 24. The Defendant left the children with her parents and has not been heard from since. 25. The Defendant is aware that the children are ill, yet has not bothered even to telephone. 26. The Plaintiff and other parties who telephone the Defendant receive a recording that the cellular customer is not taking calls, or words to that effect. 27. The Defendant's whereabouts are unknown. 28. It believed, therefore it is averred, that the Defendant has escalating mental health problems. 29. The Defendant frequently loses her temper with the children and uses them to vent her rage when angry with the Plaintiff. 30. These hysterical outbursts have raised concern in the Plaintiff over whether Defendant will turn physically violent with the children, in addition to the fact that the children are forced to suffer such emotional treatment from the Defendant. 31. The Defendant required a hospital visit at Carlisle Regional Medical Center on or about February 13, 2008, as a result of a severe anxiety attack. 32. The anxiety attack was reportedly due to a then current fear that the Defendant was pregnant with the baby of one of her paramours, with whom she had had an illicit sexual relationship unbeknownst to Plaintiff. 33. The Defendant has admittedly conducted at least two clandestine affairs during her marriage to the Plaintiff. 34. The Defendant admitted to the Plaintiffs sister that the Defendant has on at least one occasion left the children - who were then two years old and not even one year old, respectively - alone downstairs watching television while she took one of her paramours upstairs to the parties' bedroom for a sexual liaison. 35. Considering this appalling activity and the astounding lack of parental concern on the part of the Defendant, the Plaintiff fears for the safety and well-being of the children while they are in Defendant's custody. 36. The Defendant, during her marriage to Plaintiff, would typically push custody off on her parents rather than care for the children while Plaintiff was at work, despite the fact that Defendant was and is unemployed. 37. Now the Defendant is simply gone without warning, without explanation, and, inferentially, without any concern for the children. 38. The Plaintiff, on the other hand, has displayed a marked maturity with a lifestyle of hard work and parental concern and care for the children. 39. The Plaintiff has, among other actions, secured a new home and has made a valiant and successful effort to preserve the best interests of his children. 40. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court schedule a conciliation conference and subsequently grant Plaintiffs requests for sole legal custody and sole physical custody of the children. Respectfully Submitted, TU Date Lorin re yder, Esquire 28 outh ' Street C , PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. r Io ?G1 ,l Date Ian h_ts6^r}?? CERTIFICATE OF SERVICE I, Lorin Andrew Snyder, Esquire hereby certify that I served a true and correct copy of the Complaint in Divorce, by certified, return receipt requested, postage pre- paid and depositing same in the United States Mail, first class, postage pre-paid on the Thirteenth day of March 2008, from Carlisle, Pennsylvania, addressed as follows: Sophialoren Nguyen 7 Forgedale Drive Carlisle, PA 17015 RO LAVV4*FlOES Lor' rrti' yder, Esquire outh Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 Attorney for Plaintiff of u1 ?.;. i 2-1 N ca c :7 -n ,^7 l .. T7--I Q ??// r. 1 i7c IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA H. : CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 08 - 1677 Defendant : : DIVORCE/CUSTODY PROOF OF SERVICE ¦ Comple4 items 1, 2, and 3. Also complete A. Signat Item 4 if Restricted Delivery is desired. 13 Agent ¦ Print your name and address on the reverse X ? Add-,w so that we can return the card to you. B. Received by (Pri ) C. Date of DeAwry ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: jQphcren I cc rID15 Is delivery address different from Item 1 T ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandae ? Insured Mail ? C.O.D. 4. Restricted Delivery? (8ft Fee) ? Yes 2. Article Number 7006 010 0 0007 10 51 8354 (lfansfer from servke label) t Ps Form 3811, February 2004 Domestic Return Receipt 102595.024A-1540 t ?; fT r? r am' -- D . C i IAN JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 1677 CIVIL TERM SOPHIALOREN NGUYEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 6 /')? Date At, Ian nso (^y n? - co 77 ul rz7 Lo G IAN JOHNSON, Plaintiff V. SOPHIALOREN NGUYEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1677 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. 61a) ? 0 Date la n ? ra `l r1 k ? c-{ c -n J7 IAN JOHNSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08 - 1677 CIVIL TERM SOPHIALOREN NGUYEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 13, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. IYA / ?j fj - Da 1 1-61 F, I o ialor Nguyen 6(j N C:=:p 1 _ I. T 1-71 c-n IAN JOHNSON, Plaintiff V. SOPHIALOREN NGUYEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1677 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. U b-6h Dat . ate' ..} I'T? _ ? ?? c '. t?lu?+ aoteee? IAN JOHNSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SOPHIALOREN NGUYEN, NO. 08 - 1677 Defendant DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 7' day of 2008, the following is hereby ORDERED: 1. All previously existing custody orders are hereby vacated. 2. Noah Isaac Johnson, born August 27, 2005, and Moses Isaiah Johnson, born March 25, 2007 (hereinafter the "Children"), are the natural children of Ian Johnson (hereinafter the "Father") and Sophialoren Nguyen (hereinafter the "Mother"). 3. Shared legal custody of the Children as contemplated by the Act of October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both the Father and the Mother, as the natural parents. Major decisions concerning the Children, including, but not necessarily limited to, the Children's health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the Children's best interest. Each parent shall not impair the other party's rights to shared legal custody of the child. Each parent shall not alienate the affections for the Children from the other party. Each parent shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the parent then having physical custody. With regard to any emergency decisions that must be made, the party having physical custody of the Children 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 thereafter possible. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a guardian or custodian. 4. The parties shall share physical custody of the Children equally as follows: a. On Monday, Tuesday and Wednesday, the Father shall drop off the Children with the Mother at 3:00 p.m. and pick the Children up at 11:00 p.m., or at such time as the Father leaves work. ?1?i?dlt?SNfi??d Lt j7A MVIU`gorj Cad' 3Hi 40 301T46-?ffW b. On Thursday, Friday and Saturday, the Father shall drop off the Children with the Mother at 3:00 p.m. and pick the Children up the following day at 9:00 a.m. C. Physical custody of the children for Sunday shall alternate every other week between the parties. i. The Father shall pick up the Children at 9:00 a.m. on a Monday following the Mother's Sunday custody. d. Scheduled times for exchanges of custody shall be as flexible as required by the parties' varying work schedules, and may be adjusted as is reasonably necessary by agreement. 5. Custody of the Children for holidays shall be as follows: a. The Father shall have custody of the Children for the holidays of Easter, Thanksgiving, Christmas and New Year's Day. b. The Mother shall have custody of the Children for the holidays of Valentine's Day, Memorial Day, the Fourth of July, Halloween and New Year's Eve. 6. The Father shall have custody of the Children on Father's Day and the Mother shall have custody of the Children on Mother's Day. 7. The Father and the Mother shall have joint custody of the Children for each of the Children's birthdays. 8. The custodial parent shall provide to the non-custodial parent, in a timely fashion, any and all information regarding the Children's educational progress, religious training, mental health, physical health, welfare and social events, including copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition, or welfare. 9. Both parents shall have liberal and reasonable telephone contact with the Children when the Children are in the custody of the other parent. 10. The Father shall provide transportation of the Children for exchanges of custody. 11. The provisions in this Order shall be strictly adhered to unless otherwise agreed upon by the parties herein. The parties are free to modify the terms of this Order but, in order to do so, the Court makes it clear that any parties whose custodial rights may be affected must be in complete agreement to any new terms. In other words, the affected parties must consent on what shall be the new terms of the custody arrangement or visitation schedule. 12. In the event either party wishes to modify this Stipulation/Order, they may petition to have the case scheduled with the Court. 13. This Order is entered into pursuant to the agreement of the parties in accordance with the parties' Custody Stipulation Agreement. BY THE COURT: C.C. Arin Andrew Snyder, Esq ?8ophialoren Nguyen, pro 1 J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Ian Johnson Plaintiff No. 08-1 677 VERSUS Sophialoren Nguyen Defendant DECREE IN DIVORCE AND NOW, 2008 . IT IS ORDERED AND DECREED THAT Ian Johnson , PLAINTIFF, AND Sophialoren Nguyen ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Ala Mi PROTHONOTARY ? ?"' 'emu, so-?. ? i '.