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HomeMy WebLinkAbout02-4013PHONG NGUYEN, Plaintiff, NGHI AND THUY VAN NGUYEN, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :'N°' ; : CIVIL ACTION- CUSTODY COMPLAINT FOR CUSTODY Plaintiff, Phong Nguyen, by and through his attorney Gerald S. Robinson, Esquire, and the law firm of ROBINSON & GERALDO, respectfully requests the following: 1. Plaintiff is Phong Nguyen, an adult individual and the natural brother who currently resides at 135 H Cherry Lane, New Cumberland, PA. 2. Defendants are Nghi and Thuy Van Nguyen, adult individuals and the natural parents residing at Plaza San Sebastian, 4231 Avenue Arcadio Estrada, Suite Number 84, San Sebastian, PR. 3. Plaintiff seeks legal custody of David Nguyen, bom on June 7, 1989, at Plaza San Sebastian, PR. The child was not bom out of wedlock. 4. The child is presently in the custody of Plaintiff, Phong Nguyen, who currently resides at 135 H. Cherry Lane, New Cumberland, PA. 5. During the past five years, the child has resided with the following persons and at the following addresses: a. From January 1999 to May 2002, the child resided with defendants at Plaza San Sebastian, 4231 Avenue Arcadio Estrada, Suite Number 84, San Sebastian, PR. b. From birth to January 1999, the child resided with or defendants in Jacksonville, Florida. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 8. Plalntiffdoes not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation fights with respect to the child. 9. The best interest and permanent welfare of the child will be served by awarding Custody to Phong Nguyen. 10. 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 a party to this action. WHEREFORE, the Plaintiffrespectfully requests this Honorable Court to grant Custody to Plaintiff. Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Handsburg, Pennsylvania 17110 (717) 232-8525 Attomey for Plaintiff 3 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Phong~qguyenf~/ /~/ Phong Nguyen, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ~-. Nghi and Thuy Van Nguyen, : Defendant. : CIVIL ACTION- CUSTODY CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 8th day of July, 2002, I caused a tree and correct copy of the Order to be served upon the following individual by certified first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Nghi and Thuy Nguyen Plaza San Sebastian 4231 Avenue Arcadio Estrada Suite 84 San Sebastian, P.R. 00685 Respectfully submitted, ROBIN~N~ y~RALI)O By: x.~" ~~ Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 PHONG NGUYEN, Plaintiff, V. NGHI and THUY VAN NGUYEN, Defendant. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,~ -- CIVIL ACTION--CUSTODY CUSTODY CONSENT STIPULATION AGREEMENT THIS AGREEMENT, made this __. day of July, 2002, by and between Phong Nguyen, hereinafter referred to as "Plaintiff," and Nghi and Thuy Van Nguyen, hereinafter referred to as "Defendants." WITNESSETH WHEREAS, Plaintiff is the natural brother and Defendants are the natural parents of David Nguyen, a minor, born June 7, 1989; and WHEREAS, the parties have reached an agreement concerning the issues of custody and desire that this Stipulation be entered as Order by the Court of Common Pleas of Cumberland County, Pennsylvania; NOW THEREFORE, intending to be legally bound, the parties hereby agree as follows: 1. The parties will share joint legal custody of the subject minor child. The parties agree that major decisions concerning their child, including, but not necessarily limited to, the child'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 child's best interest. Each part agrees not to impair the other party's fights to shared legal custody of the child. Each party agrees not to attempt to alienate the affections of the child fi.om the other party. Each party shall notify the other of any activity or circumstance concerning their child that could reasonably be expected to be of concern to 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 he 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. Each party shall be entitled to complete and full information fi.om any doctor, dentist, teacher, professional or authority and to have copies of any reports given to either party as a parent. 2. Plaintiff, Phong Nguyen, shall have primary physical custody of the subject minor child. 3. Defendants, Nghi and Thuy Van Nguyen shall have periods of partial custody as the parties mutually agree. 4. All parties shall refrain from making derogatory comments about the other party in the presence of the child ad to the extent possible shall prevent third parties fi.om making such comments in the presence of the child whether "sleeping}' or awake. 5. During any period of custody or visitation, the parties to this Stipulation shall not possess or use any controlled substances; neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 2 IN WITNESS WHEREOF, the Parties hereunto set their hands and seals the day and year first above written. Wimess Witness Phong Ng~yen Nghi Van Nguyen Wimess Thuy V~n Nguyen '~ " 3 PHONG NGUYEN, Plaintiff, V. NGHI and THUY VAN NGUYEN, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION--CUSTODY ORDER OF COURT AND NOW, this ~ day of ~~/~' 2002, it is hereby ORDERED and DECREED that the attached Custody Consent Stipulation Agreement is entered as an Order of this Court.