Loading...
HomeMy WebLinkAbout02-4756ANGELIC E. ALAJLOUNI, Plaintiff VS. NADER F.ALAJLOUNI Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- /q ~ 5~(,, CiVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Angelic E. Alajlouni, residing temporary at a confidential address for her safety and that of the children. The address will be disclosed to the court upon request. Plaintiff s permanent residence is 156 Oakhill Road, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is Nader F. Alajlouni, residing at 829 Nisbet Drive, Carlisle, Cumberland County, Pennsylvania. 3. The plaintiff seeks custody of the following children: Name Present Residence Age JS' Jordan Alajlouni confidential address 11/06/94 Ameer Alajlouni confidential address 77 09/24/97 Yosef Alajlouni confidential address 02/24/99 Hannah Alajlouni confidential address 07/19/01 The children Jordan and Ameer Alajlouni were bom out of wedlock; Yosef and Hannah Alajlouni were not bom out of wedlock. The children are presently in the custody of the mother, who resides at a confidential address. During the children's lifetime, they have resided with the following persons and at the following addresses: Nalne Angelic E. Ala. ilouni Phelisha Harper (half-sibling) Nader F. Alajlouni Angelic E. Alajlouni, Phelisha Harper (half-sibling) Nader F. Alajlouni Angelic E. Alajlouni, Phelisha Harper (half-sibling) Nader F. Alajlouni Angelic E. Alajlouni Phelisha Harper (half-sibling) Angelic E. Alajlouni Phelisha Harper (half-sibling) Address 829 Nisbit Drive Carlisle, PA 17013 West North Street Carlisle, PA 17013 156 Oakhill Road Carlisle, PA 17013 156 Oakhill Road Carlisle, PA 17013 confidential address Dge Aug. 1995-June 1999 June 1999- July 2000 July 2000-Aug. 2002 Aug. 2000-Sept. 2002 Sept. 2002-present The mother of the children is Angelic E. Alajlouni, currently residing at a confidential address. She is married. The father of the children is Nader F. Alajlouni, currently residing at 829 Nisbit Drive, Carlisle, Cumberland County, Pennsylvania. He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons: Name Relationship Phelisha Harper daughter Jordon Alajlouni son Ameer Alajlouni son Yosef Alajlouni son Hannah Alajlouni daughter 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following persons: Name Relationship Unknown persons friends 6. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation fights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including, but not limited to the following: a) The mother has been the primary caregiver since the children's births. The mother has provided for their emotional, physical, educational, and medical needs including establishing a stable home environment for them, and she can continue to provide for the children. b) The children have a close relationship with their mother's daughter, Phelisha Harper, their half-sibling, with whom they have resided since their births. c) In or about late July 2002, the father moved from the marital residence. The mother facilitated contact between the father and the children and she is the parent who can best do so in the future. d) The father has not acted in the best interest of the children in ways including but not limited to the following: e) i) The father went to the mother's residence on September 24, 2002, and became enraged over a disagreement with the mother who had two friends visiting her. The father shouted obscenities at the mother, shoved her, threw the baby's car seat at her, and threatened that she does not deserve to live. The mother feared that the father would kill her. The father furthered threatened to remove the children from the country and take them to the paternal grandmother in West Bank, Hebron (Palestine) and that she would not see the children again. The children, who were present, were traumatized, and the mother, fearing for her life and that of the children, left the residence with the children. ii) The mother's fear that the father intends to remove the children from the United States is exacerbated by the fact that on or about September 9, 2002, the father came into the mother's residence without her consent, and took the children's passports, birth certificates, and social security cards and has refused to return them to the mother. Furthermore, there has been a history of domestic violence in the parties' relationship and the mother is filing for a Protection From Abuse order contemporaneously with this action on September 30, 2002. The father, who owns three businesses and four properties in Carlisle, has the financial resoumes to remove the children from the United States and a custody order will stabilize the situation so that the children are not further traumatized. 10. Without the action of the court, the mother and the children are in danger of irreparable harm. 11. The mother requests that the court order the following: a. Grant her primary physical and legal custody of the children. b. Enjoin the father from removing the children from Carlisle, Pennsylvania. c. Order the father to surrender the children's passports, birth certificates, and social security cards to the court and order that the children's passports be impounded. d. Bar the father from obtaining new passports for the children. e. Order the father to post a bond to be used if enforcement of this Order would be necessary with the amount to be determined by the Court. f. Grant the father the right to supervised visits through the YWCA in Carlisle until further order of this Court. 12. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the plaintiff requests this Court to grant her primary physical and legal custody of the children with supervised visits in the defendant through the YWCA in Carlisle. Plaintiff further requests any other relief that is just and proper. Respectfully submitted, J~(an Carey Attorney for Plaintiff Mid Penn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Angelic E. Alajlouni, verifies that the statements made in the above complaint For Custody are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Angelic ~. Alajlouni 0 ANGELIC E. ALAJLOUNI, PLAINTIFF V. NADER F. ALAJLOUNI, DEFENDANT Joan Carey, Esquire For Plaintiff Nader F. Alajlouni, Pro se 829 Nisbet Drive Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-4756 CIVIL TERM ORDER OF COURT day of September, 2002, pursuant to the AND NOW, this within petition for emergency relief, the following temporary order is entered: (1) Angelic E. Alajlouni shall have primary physical and legal custody of Jordon Alajlouni, born November 6, 1994; Ameer Alajlouni, born September 24, 1997; Yosef Alajlouni, born February 24, 1999 and Hanna Alajlouni, born July 19, 2001. (2) Neither the mother nor the father, Nader F. Alajlouni shall remove the children from Pennsylvania. (3) A hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 2:00 p.m., Monday, October 7, 2002, for the purposes of determining whether this order shall be continued or expanded. ANGELIC E. ALAJLOUNI Plaintiff/Petitioner NADER F. ALAJLOUNI, Defendant/Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- ~"~ ~ [a CIVIL TERM CUSTODY PETITION FOR SPECIAL RELIEF Plaintiff/petitioner, Angelic E. Alajlouni, by and through her counsel, Joan Carey of MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as the mother, who currently resides at a confidential address for her safety and that of the children. The address will be disclosed to the court upon request. Plaintiff's permanent residence is 156 Oakhill Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Nadar F. Alajlouni, hereinafter referred to as the father, who resides at 829 Nisbet Drive, Carlisle, Cumberland County, Pennsylvania. 3. The above-named parties are the natural parents ofJordon Alajlouni, born November 6, 1994; Ameer Alajlouni, born September 24, 1997; YosefAlajlouni, born February 24, 1999, and Hannah Alajlouni, bom July 19, 2001. 4. The mother has filed a Complaint for Custody contemporaneously with the filing of this Petition for Special Relief and has requested that a Conciliation Conference be scheduled. 5. It is in the children's best interest to be in the custody of the mother for reasons including the following: a) The mother has been the children's primary caregiver since the children's births, and has provided for their emotional, physical, educational, and medical needs including establishing a stable home environment for them, and she can continue to provide for the children. b) The children have a close relationship with their mother's daughter, Phelisha Harper, their half-sibling, with whom they have resided since their births. c) In or about late July 2002, the father moved from the marital residence. The mother facilitated contact between the father and the children and she is the parent who can best do so in the future. d) The father has not acted in the best interest of the children in ways including but not limited to the following: The father went to the mother's residence on September 24, 2002, and became enraged over a disagreement with the mother who had two friends visiting her. The father shouted obscenities at the mother, shoved her, threw the baby's car seat at her, and threatened that she does not deserve to live. The mother feared that the father would kill her. The father furthered threatened to remove the children fi.om the country and take them to the paternal grandmother in West Bank, Hebron (Palestine) and that she would not see the children again. The children, who were present, were traumatized, and the mother, fearing for her life and the safety of the children, left the residence with the children. ii. The mother's fear that the father intends to remove the children from the United States is exacerbated by the fact that on or about September 9, 2002, the father came into the mother's residence without her consent, and took the children's passports, birth certificates, and social security cards and has refused to tatum them to the mother. Furthermore, there has been a history of domestic violence in the parties' relationship and the mother is filing for a Protection From Abuse order contemporaneously with this action on September 30, 2002. 6. The father, who owns three businesses and four properties in Carlisle, has the financial resources to remove the children fi.om the United States and a custody order will stabilize the situation so that the children are not further traumatized. 7. Without the action of the court, the mother and the children are in danger of irreparable harm. 8. The mother requests that the court order the following: a) Grant her primary physical and legal custody of the children. b) Enjoin the father from removing the children from Carlisle, Pennsylvania. c) Order the father to surrender the children's passports, birth certificates, and social security cards to the court by close of court on September 30, 2002 and order that the children's passports be impounded. d) Bar the father fi.om obtaining new passports for the children. e) Order the father to post a bond to be used if enforcement of this Order would be necessary with the amount to be determined by the Court. f) Grant the father the fight to supervised visits through the YWCA in Carlisle until further order of this Court. WHEREFORE, Plaintiff/petitioner requests that the court grant her primary physical and legal custody and the father supervised visits consistent with the conditions in paragraph 8 above pending further order after conciliation. Plaintiff further requests any other relief that this Court deems just and proper. Respectfully submitted, Joan Carey Attorney for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION I, Angelic E. Alajlouni, verify that I am the Plaintiff/ Petitioner as designated in the present action and that the facts and statements contained in the above Petition For Special Relief are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, authorities. Date: q-- ~(]- O~ relating to unsworn falsification to Angelic~E. ~l~lb~uni 0 Angelic E. Alajlouni, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02- c{ '-~ c~ {0 CIV ~I~TE~¥I~0 : CUSTODY PRAEC1PE TO PROCEED IN FORMA PAUPERIS Kindly allow, Angelic E. Alajlouni, Plaintiff, to proceed in forma, pauperis. Nader F. Alajlouni, Defendant To the Prothonotary: I, Joan Carey, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. an Carey Attorney for Plaintiff MidPenn Legal Services 8 h'vine Row Carlisle, PA 17013 (717) 243-9400 ANGELIC E. ALAJLOUNI, VS. NADER F. ALAJLOUNI Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4756 CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE I, Kim O. Ogletree , do hereby swear that I have served Nader F. Alajlouni with a Petition for Special Relief and an Order of Court in the above captioned case pursuant to Rule 1930.4(a)(I) of the Pennsylvania Rules of Ciyil Procedure by personally handing him a copy at 601 West Louther Street Carlisle, (Street Number and Address) PA 17013 (City) at 1:50 ._I~.m. onthe (Time) I, (State) (Zip) 1st day of October ,2002. (Date) (Month) Klm O. Ogletree , verify that the statements made in this (name of person who performed service) Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalities of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature: ANGELIC E. ALAJLOUNI PLAINTIFF NADER F. ALAJLOUNI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : 02-4756 CIVIL ACTION LAW IN CUSTODY : ORDER OF COURT AND NOW, Friday, October 04, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jaequeline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on . Monday, October 28, 2002 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. All children age five or older may also be present at the conference. 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/ .[acqueline M. Verney, Esa. ¥3 Custody Conciliator ' 0/t 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 pO.L. o[ Angelic E. Alajlouni, Plaintiff VS. Nader F. Alajlouni, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4756 CIVIL TERM : : CUSTODY PETITION TO VACATE ORDER AND WITHDRAW ACTION Plaintiff, Angelic Elizabeth Alajlouni, by and through her attorney Joan Carey of MidPenn Legal Services, requests that the Court vacate the Order of Court of September 30, 2002 in the above-captioned case and that the action be withdrawn without prejudice on the grounds that: 1. A Complaint for Custody and a Petition for Special Relief was filed on September 30, 2002, and an Order of Court was issued by this Court on September 30, 2002. 2. The parties are in the process of reconciling their differences. 3. Plaintiff requests that the Order of Court be vacated and the action withdrawn without prejudice to her. WHEREFORE, Plaintiff requests that the Court vacate its Order of September 30, 2002, and that the action be withdrawn without prejudice to Plaintiff. Respectfully submitted, ~ MIDPENN LEGAL SERVICES 8 Irvine Row, Carlisle, PA 17013 VERIFICATION I verify that I am the Plaintiff as designated in the present action and that the facts and statements contained in the above Petition are true and correct to the best of my knowledge. I understand that any false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Dated: An~gelic L~. Alajlouni, Plaintiff I, Angelic Elizabeth Alajlouni, hereby direct MidPenn Legal Services to file a Petition to Vacate Order and Withdraw Action on my behalf(Alajlouni v. Alajlouni, Petition for Emergency Relief and the Order of Court, Cumberland County, Docket No. 02- 4756 Civil). I understand that upon entry of an Order in this matter that the Court will vacate the Order of Court entered on September 30, 2002 and that my custody case will be withdrawn. In addition, I request that no further litigation be filed on my behalf in this case, and I no longer desire that MidPenn Legal Services represent me in this matter at this time. I understand that my custody case will be closed. I have been advised by MidPenn Legal Services staffthat I can contact their offices in the future ifI need legal assistance in this or any other matter handled by their program, and that ifI meet the program's requirements, they may be able to assist me. Date: t 1 ~ C~-~ f(~C;~ An , P~lal Angelic E. Alajlouni, Plaintiff VS. Nader F. Alajlouni, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4756 CIVIL TERM : : CUSTODY ORDER OF COURT AND NOW, this'~ day of November, 2002, upon consideration of the attached Petition, the Order of Court in the above-captioned case entered on September 30,2002, is hereby vacated and the action withdrawn without prejudice to Plaintiff. .~-'"'~.~"~ By t~rt~/~ /,~ Edgar ~Ju~ Joan Carey, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 James Abraham, Defendant for Plaintiff 513 North 2nd Street Harrisburg, PA 17101 VlNV'A"IAg~N~ JAN 0 2 ZOO3~ ANGELIC E. ALAJLOUNI, Plaintiff V. NADAR F. ALAJLOUNI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-4756 CIVIL TERM : : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of January, 2003, as the parties have not contacted the Conciliator since November 13, 2002 to request a conference,,, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, OJacqu~line M. Vemey, Esquire, Cus~Dy Conciliator