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HomeMy WebLinkAbout09-8840 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff ELIZABETH BRENNAN, Plaintiff V. PUSHPA MARY and VASUDEVAN NAIR, Defendants § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § § NO. ??I § CIVIL ACTION - LAW COMPLAINT FOR CUSTODY 1. The Plaintiff is Elizabeth Brennan, residing at 110 Tory Circle, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendants are Pushpa Mary and Vasudevan Nair, residing at 23 B Yadanar Street, Yankin Tsp, Kyauk Kone, Burma. 3. Plaintiff seeks custody of the following child: Name Than Toe Aung Present Address 110 Tory Circle Enola, PA 17025 4. The child was not born out of wedlock. Age 14 (D.O.B. 5/19/95) 5. The child is presently in the custody of the Plaintiff, Elizabeth Brennan, who resides at 110 Tory Circle, Enola, Cumberland County, PA 17025. 6. During the last five years, the child has resided with the following persons at the following addresses: .w 7. 8. 9. 10. 11. 12. 13. 14. Persons : Plaintiff Address: 110 Tory Circle Enola, PA 17025 Dates: 09/2009-present Defendants 23 B, Yandanar Street 01/2003-09/2009 Yankin Tsp Kyauk Kone, Burma The mother of the child is Defendant, Pushpa Mary, currently residing at 23 B Yadanar Street, Yankin Tsp, Kyauk Kone, Burma. The father of the child is Defendant, Vasudevan Nair, currently residing at 23 B Yadanar Street, Yankin Tsp, Kyauk Kone, Burma. The relationship of the Plaintiff to the child is that of aunt. The relationship of the Defendants to the child is that of mother and father. 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. 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. 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. 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 t spiritual environment would be improved by Plaintiff s continuation as primary care giver. WHEREFORE, Plaintiff requests the Court to grant her Primary Physical Custody of the child. DATE: 0Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff (717) 731-8114 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 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: I2/ l6 0 -Zi E ' eth Brennan l'7?, ?d )4?? Pl 4? d3,?-uoa ELIZABETH BRENNAN, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § PUSHPA MARY and § NO. VASUDEVAN NAIR, - T, Defendants § CIVIL ACTION - LAW -> -. -r'7 STIPULATED CUSTODY AGREEMENT = =v AND NOW, this a r 5? day of ??('?/yl b p,?^ 2009, Elizabeth Brennan, residing at 110 Tory Circle, Enola, Cumberland County, Pennsylvania 17025 (hereinafter referred to as "Aunt"), and Pushpa Mary and Vasudevan Nair, residing at 23 B Yadanar Street, Yankin Tsp, Kyauk Kone, Burma (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, Than Toe Aung, born May 19, 1995. A. Legal Custody: The parents and the aunt shall have shared legal custody of the child. Each parent and aunt 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 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 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 shall encourage and foster in the child 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's custody 4. Health Insurance: Aunt will provide health insurance benefits for the child through her employer and will maintain the child on said policy for as long as he is eligible under this policy. 46 B. Physical Custod 1. Primary Physical Custody: Aunt 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 aunt intends on removing the child from her residence or the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) hours, aunt 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%j? ?- Elizabethrennan, Aunt Date: Z? Pushpa Mary, Mother Date: -q-.. 16- 200q ?9u- Vasudevan Nair, Father Date: 121 It- oq 4 V Lf .,, jt Grp I- y ?W ELIZABETH BRENNAN, § Plaintiff § V. § PUSHPA MARY and § VASUDEVAN NAIR, § Defendants § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 SS q&, el-0-1 Tznm CIVIL ACTION - LAW STIPULATED ORDER FOR CUSTODY AND NOW, this q#* day of , 20LO this Order is being entered - 5"?? as result of an Agreement between the parties as evidenced by the attached Stipulated Custody Agreement, dated December 21, 2009. This matter is before the Court on Plaintiff s Complaint. This matter involves the custody of. Than Toe Aung Date of Birth: May 19, 1995 A. Legal Custody: The parents and the aunt shall have shared legal custody of the child. Each parent and aunt 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 3 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 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 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 shall encourage and foster in the child 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's custody 4. Health Insurance: Aunt will provide health insurance benefits for the child through her employer and will maintain the child on said policy for as long as he is eligible under this policy. B. Physical Custody: 1. Primary Physical Custody: Aunt 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 aunt intends on removing the child from her residence or the Commonwealth of Pennsylvania for a period in excess of twenty-four (24) hours, aunt 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. J. Flj EC a 74py 2010 JAN -4 f j i