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HomeMy WebLinkAbout08-5782TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff CHONG HUI HWANG and GERALD KEENAN MORTELL, Plaintiffs V. SANG CHEOL SEO and KUM LYE HWANG, Defendants § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 0$ - 37SQ (2j vi t Terp § CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The Plaintiffs are Chong Hui Hwang and Gerald Keenan Mortell, residing at 5128 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendants are Sang Cheol Seo and Kum Lye Hwang, residing at 111 Dong 2006 Ho Jugong Tranchae Apt, Anyang Si, 1 Dong, Manangu, Gyeanggi-Do, South Korea 430-753. 3. Plaintiffs seek custody of the following child: Name Present Address Age Jeong Min Seo 5128 Jennifer Circle 15 Mechanicsburg, PA 17050 (D.O.B. 11/28/92) 4. The child was not born out of wedlock. 5. The child is presently in the custody of the Plaintiffs, Chong Hui Hwang and Gerald Keenan Mortell, who reside at 5128 Jennifer Circle, Mechanicsburg, Cumberland County, PA 17050. 6. During the last five years, the child has resided with the following persons at the following addresses: Persons : Address. Dates: Plaintiffs 5128 Jennifer Circle 8/10/08-present Sabrina Mortell (Plaintiffs's daughter) Mechanicsburg, PA 17050 Fiona Mortell (Plaintiffs's daughter) Defendants 111 Dong 2006 Ho Jugong 2/20/05-8/9/08 Tranchae Apt Anyang Si 1 Dong, Manangu Gyeanggi-Do South Korea 430-753 Defendants 101 Dong 1502 Ho 2/28/02-2/19/05 90-1 Samsung Remean Apt Manangu, Anyang Si Gyeanggi-Do South Korea 430-753 7. The mother of the child is Defendant, Kum Lye Hwang, currently residing at 111 Dong 2006 Ho Jugong Tranchae Apt., Anyang Si, 1 Dong, Manangu, Gyeanggi-Do, South Korea 430-753. 8. The father of the child is Defendant, Sang Cheol Seo, currently residing at 111 Dong 2006 Ho Jugong, Tranchae Apt, Anyang Si, 1 Dong Manangu, Gyeanggi- Do, South Korea 430-753. 9. The relationship of the Plaintiffs to the child is that of aunt and uncle. 10. The relationship of the Defendants to the child is that of mother and father. 11. Plaintiff has not participated as a party in other litigation concerning the custody of the child in a court of this Commonwealth or any other state. 12. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the child. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. 14. The best interests and permanent welfare of the child will be served by granting the relief requested. The quality of the child's physical, intellectual, moral and spiritual environment would be improved by Plaintiff's continuation as primary care giver. WHEREFORE, Plaintiff requests the Court to grant them Custody of the Child. Respectfully submitted, DATE: 9ja&l0-TTabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this custody complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: i$ Date: °i8 /08 ong Hui Hwang A:?, ' ??/ A4zz4w Gerald Keenan Mortell () of y., D n:1 O C; 72 c, F) rte..' w? Fr- ?,=i CHONG HUI HWANG and GERALD KEENAN MORTELL, Plaintiffs V. SANG CHEOL SEO and KUM LYE HWANG, Defendants § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW STIPULATED CUSTODY AGREEMENT AND NOW, this / day of M Cr , 2008, Chong Hui Hwang and Gerald Keenan Mortell, residing at 5128 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Aunt and Uncle"), and Sang Cheol Seo and Kum Lye Hwang, residing at 111 Dong 2006 Ho Jugong Tranchae Apt, Manangu, Anyang-Si, 1 Dong, Gyeanggi-Do, South Korea 430-753 (hereinafter referred to as "Mother and Father") (Mother and Father are individually "Parent" and collectively "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Jeong Min Seo, born November 28, 1992. A. Legal Custody The Parents and the Aunt and Uncle shall have shared legal custody of the Child. Each Parent and Aunt and Uncle shall have an equal right, to be exercised jointly with the other Parent, to make all non-emergency decisions affecting the Child'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. §5309, each Parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address for the Child and of the other Parent. To the extent one Party has possession of any such records or information, that Party shall be required to share the same, or copies thereof, with the other parties, within such reasonable time as to make the records and information of reasonable use to the other party. In addition to the foregoing, the following shall also apply to the parties' legal custody rights and obligations: 1. Drugs and Alcohol: During any period of custody or visitation, neither Parent nor the Aunt or Uncle shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance or consume alcoholic beverages to the point of intoxication in the presence of the Child. 2. No Derogatory Comments: Neither Parent nor Aunt or Uncle shall undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Child toward the Parents. At all times, each Parent and Aunt and Uncle shall encourage and foster in the Children a sincere affection for the other Parent. 3. Telephone Contact: The Parents shall be afforded reasonable telephone contact with the Child while in the Aunt and Uncle's custody 4. Health Insurance: Aunt and/or Uncle will provide health insurance benefits for the Child through his or her employer and will maintain the child on said policy for as long as they are eligible under this policy. B. Physical Custody 1. Primary Physical Custody Aunt and Uncle shall exercise primary physical custody of the child, subject to the custody schedule as set forth herein. 2. Custody Schedule: Mother and father shall have visitation with the Child as mutually agreed upon by the parties. 3. Temporary Absence from the Commonwealth: If either Aunt or Uncle intends on removing the Child from their residence or the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) hours, Aunt and Uncle shall provide the Parents with the address and telephone number where the Child can be reached during the period of absence. 4. Modification: The parties shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of all parties. If such modification is in writing (including email) which evidences the mutual agreement of the parties, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the parties. No party shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. C. Entry of Court Order: The parties authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. IN WITNESS WHEREOF, the Parties, intending to be legally bound hereby, have set their hands and seals the day and year written below. Witness: 7?? d, /att? Chong H Hwang, Aunt Date: o g D Gerald Keenan Mortell, Uncle Date: /.,3 .1 -Z 'S'a? oxer-d Sang Ch 1 Seo, MMMML scs Date: QII / _x do Kum Lye Hwang, Fmd= c K 1- N Date: / /1,30/-)-o 0 - C> C r- := ? t_7 rfi't .-r I T?.. 07- a SEp 3 0 2008(,, CHONG HUI HWANG and GERALD KEENAN MORTELL, Plaintiffs V. SANG CHEOL SEO and KUM LYE HWANG, Defendants § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. b8 , 578A 0, it vi t Tetra § CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 2008, pursuant to the September 18, 2008 Stipulated Custody Agreement, it is hereby Ordered and Decreed as follows regarding the custody of Jeong Min Seo, born November 28, 1992: A. Legal Custody: The Parents and the Aunt and Uncle shall have shared legal custody of the Child. Each Parent and Aunt and Uncle shall have an equal right, to be exercised j ointly with the other Parent, to make all non-emergency decisions affecting the Child'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. §5309, each Parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address for the Child and of the other Parent. To the extent one Party has possession of any such records or information, that Party shall be required to share the same, or copies thereof, with the other parties, within such reasonable time as to make the records and information of reasonable use to the other party. In addition to the foregoing, the following shall also apply to the parties' legal custody rights and obligations: 1. Drugs and Alcohol: During any period of custody or visitation, neither Parent nor the Aunt or Uncle shall possess or use any controlled substance, or consume alcoholic beverages to the point of intoxication, nor permit any other household members and guests or other persons to possess or use any controlled substance or consume alcoholic beverages to the point of intoxication in the presence of the Child. 2. No Derogatory Comments: Neither Parent nor Aunt or Uncle shall undertake, or permit by any other person, the poisoning of the Child's mind against the other Parent, by conversation or otherwise, any communication that explicitly or implicitly degrades, ridicules, condemns, or in any other way attempts to alienate the affections of the Child toward the Parents. At all times, each Parent and Aunt and Uncle shall encourage and foster in the Children a sincere affection for the other Parent. 3. Telephone Contact: The Parents shall be afforded reasonable telephone contact with the Child while in the Aunt and Uncle's custody 4. Health Insurance: Aunt and/or Uncle will provide health insurance benefits for the Child through his or her employer and will maintain the child on said policy for as long as they are eligible under this policy. B. Physical Custody: 1. Primary Physical Custody: Aunt and Uncle shall exercise primary physical r , 0- custody of the child, subject to the custody schedule as set forth herein. 2. Custody Schedule: Mother and father shall have visitation with the Child as mutually agreed upon by the parties. 3. Temporary Absence from the Commonwealth: If either Aunt or Uncle intends on removing the Child from their residence or the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) hours, Aunt and Uncle shall provide the Parents with the address and telephone number where the Child can be reached during the period of absence. 4. Modification: The parties shall be at liberty to modify the physical custody schedule as indicated herein to accommodate their respective schedules and special occasions, subject to the mutual agreement of all parties. If such modification is in writing (including email) which evidences the mutual agreement of the parties, it shall be binding upon the parties to the extent and for the duration which was mutually agreed upon by the parties. No party shall be deemed to be in contempt of court for abiding by the terms of any such written mutual agreement. r:- f, r?, L LU F-- t? c? t t7 cr3 C3 C..? Cv 1:? a C,) S Jl N CL_ N Q N . a - to CHONG HUI HWANG and § IN THE COURT OF COMMON PLEAS OF GERALD KEENAN MORTELL, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs/Petitioners § CIVIL ACTION - LAW V. § s Q SANG CHEOL SEO and § CUSTODY/VISITATION KUM LYE HWANG, § Defendants/Respondents § NO. 08-5782 Civil Term c an STIPULATED CUSTODY AGREEMENT t s c_ OM AND NOW, this day of bet-em 6-er , 2009, Chong Hui Awa4ganiv Gerald Keenan Mortell, currently residing at 5128 Jennifer Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "Aunt and Uncle"), and Sang Cheol Seo and Kum Lye Hwang, currently residing at 111 Dong 2006 Ho Jugong Tranchae Apt, Manangu, Anyang-Si, 1 Dong, Gyeanggi-Do, South Korea 430-753 (hereinafter referred to as "Parents") hereby stipulate and agree to the following regarding custody of their minor child, Jeong Min Seo, born November 28, 1992. A. Legal Custody: The Parents, Respondents, shall have sole legal custody ofthe child. B. Physical Custody: The Parents, Respondents, shall have sole physical custody of the child. C. Entry of Court Order: The parties authorize the Court of Common Pleas of Cumberland County, Pennsylvania to enter an order incorporating the terms of this Stipulated Custody Agreement. Page 1 of 2 l IN WITNESS WHEREOF, the Aunt and Uncle (Petitioners) and Parents (Respondents), intending to be legally bound hereby, have set their hands and seals the day and year written below. Witness: ze?K - Ch ng H ang, Aunt Date: /K Gerald Keenan Mortell, Uncle Date: ? -7 Za° `?/ J6? Sang eol Seo, Father Date: / -)- Z a- )- Z " Lyi2 ?w Kum Lye Hwang, Mother Date: Page 2 of 2 CHONG HUI HWANG and § GERALD KEENAN MORTELL, § Plaintiffs § V. § SANG CHEOL SEO and § KUM LYE HWANG, § Defendants § JAN 07'2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUSTODYNISITATION NO. 08-5782 Civil Term STIPULATED ORDER FOR CUSTODY AND NOW, this 7- day of -4. , 2016 , this Order is being entered as result of an Agreement between the parties as evidenced by the attached Stipulated Custody Agreement, dated December 22, 2009. This matter is before the Court on Plaintiffs' Petition for Modification of Partial Custody or Visitation Order. This matter involves the custody of: Jeong Min Seo Date of Birth: November 28, 1992 A. Legal Custody The Defendant parents shall have sole legal custody of the child B. Physical Custody: The Defendant parents shall have sole physical custody of the child. , 8 116 `- J LY ?_,? J DOW co M na rn 4 i T1 F? r?