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HomeMy WebLinkAbout08-2328THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 ABSHIRO ABUKAR, Plaintiff V. ADBI NUNOW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O Y- a 3? CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION CUSTODY COMPLAINT TO THE HONORABLE JUDGES OF SAID COURT: As the Home State, pursuant to Pa R.C.P. 1915.2 and 23 Pa.C.S. section 5344 (copy attached as exhibit A) this honorable court has jurisdiction of this custody matter based on the following: 1. The Plaintiff is Abshiro Abukar residing at 692 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Abdi Nunow who resides at 2647 Karen Court, Apartment 508, Las Vegas, Nevada 89109. 3. Plaintiff seeks legal and physical custody of the following child: NAME PRESENT RESIDENCE DOB Adan Moulid 692 Cumberland Point Circle 03/23/01 Mechanicsburg, PA The child was born in wedlock. The child is presently in the physical custody of Abshiro Abukar who resides at 692 Cumberland Point Circle, Mechanicsburg, Pennsylvania. The child has resided with the following persons and at the following addresses: Person Address Date Mother 692 Cumb Point Circle 01/07 - present Mechanicsburg, PA Mother 1412 Liberty Street 07/06 - 01/07 Harrisburg, PA Mother & Father 4964 Auburn Drive 12/05 - 07106 San Diego, CA Mother & Father Refugee camp in Kenya 03/01 - 12/05 The mother of the child is Abshiro Abukar who resides at 692 Cumberland Point Circle, Mechanicsburg, Pennsylvania 17055. She is married. The father of the child is Abdi Nunow who lives at 2647 Karen Court, Apartment 508, Las Vegas, Nevada 89109. He is married. 4. The relationship of Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following persons: Name Adan Moulid Barlin Burale Ulow Mohamud Relationship Son Roommate Roommate The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: Unknown 2 6. Father filed a Complaint for Divorce on March 5, 2008, in Las Vegas, NV, docketed at D-08-389501-D, in which he requested full custody of the child. Mother was served with the Complaint on March 31, 2008. Neither party has presented testimony or appeared as a witness, in any other litigation concerning the custody of the child in this or another court. At no time has the Mother or the child resided in Nevada. Plaintiff does 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 rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff has been the primary caretaker for the child throughout his life. B. Father has made little or no attempt to maintain a parenting relationship with his son, including but not limited to paying support or having any contact with him. C. During his last contact, nearly a year ago, with Mother and his son Father assaulted Mother. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child have been named as parties to this action. 3 WHEREFORE, Plaintiff requests this Honorable Court to assert jurisdiction, request Nevada to stay its custody portion of the pending divorce action and grant her legal custody and primary physical custody of her child with periods of visitation to Defendant at times determined to be in the child's best interest. Respectfully submitted, D. 4-0.a Thomas D. Gould, Esquire ID #36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I, Abshiro Abukar, hereby certify that the foregoing CUSTODY COMPLAINT is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Abshiro Abukar Plaintiff 4 23 Pa.C.S.A. § 5347 § 5347. Simultaneous proceedings in other states (a) General rule. -A court of this Common- wealth shall not exercise its jurisdiction under this subchapter if, at the time of filing the petition, a proceeding concerning the custody of the child was pending in a court of another state exercising juris- diction substantially in conformity with this sub- chapter, unless the proceeding is stayed by the court of the other state because this Common- wealth is a more appropriate forum or ivr viiicl reasons- (b) Procedure.-Before hearing the petition in a custody proceeding, the court shall examine the pleadings and other information supplied by the parties under section 5350 (relating to information under oath to be submitted to the court) and shall consult the child custody registry established under section 5357 (relating to registry of out-of-State custody decrees and proceedings) concerning the pendency of proceedings with respect to the child in other states. If the court has reason to believe that proceedings may be pending in another state, it shall direct an inquiry to the state court adminis- trator or other appropriate official of the other state. (c) Stay; communication with other court.-If the court is informed during the course, of the proceeding that a proceeding concerning the custo-' dy of the child was pending in another state before the court assumed jurisdiction, it shall stay the proceeding and communicate with the court in which the other proceeding is pending to the end that the issue may be litigated in the more appro- priate forum and that information be exchanged in accordance with sections-5360 (relating to hearings and studies in another state, orders to appear) through 5363 (relating to request for court records of another state). If a court of this Commonwealth has made a custody decree before being informed of a pending proceeding in a court of another state, it shall immediately inform that court of the fact. If the court is informed that a proceeding was commenced in another state after it assumed juris- diction, it shall likewise inform the other court to the end that the issues may be litigated in the more appropriate forum- 1990, Dec_ 19, P.L. 1240, No_ 206, § 2, effective in 90 days. EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMD Abdi Nunow 2647 Karen Court Apt 508 Las Vegas, NV 89109 702-327-7823 DISTRICT COURT CLARK COUNTY, NEVADA Abdi Nunow Case No. Plaintiff, Dept vs. Abshiro Abukar Defendant FIL ED ?kR S y 1k ?? , 08 D-08-389501-D COMPLAINT FOR.DIVORCE COMES NOW Plaintiff, Abdi Nunow, in Proper Person as and for a Complaint for Divorce against Defendant, and alleges as follows: 1. That Plaintiff, for a period of more than six weeks immediately preceding the filing of this action, has been and now is an actual, bona fide resident of the State of Nevada, County of Clark, anci has been actually physically present and domiciled in Nevada for more than six (6) weeks prior to the filing of this action. 2. That Plaintiff and Defendant were married on the 5/10/1998 in Kenya, Africia and have been and still are husband and wife. 3. That there are 1 minor children who are either the issue of this marriage or have been adopted by the parties and I Defendant is no currently pregnant. The names and dates of 2 birth of the children are Adan Moulid, 3/23/2001; 3 4. Plaintiff is a fit and proper person to be awarded sole 4 legal custody of the minor child. 5 5. Plaintiff is a fit and proper person to be awarded sole 6 nhY ci c_n1 --u-stody of th c ia"T13 Liiiid. Adan Moulid will 7 reside with Plaintiff. 8 Defendant should have visitation as follows: 9 Defendant may pick up minor child on Friday at 6 pm and 10 return child on Sunday at 6pm by providing transportation. 11 6. That the holiday visitation, when in conflict with the above, 12 will take precedence, and should be as follows: 13 For each of the holidays listed below, Plaintiff should have 14 visitation in the even-numbered years and Defendant should have 15 visitation in the odd-numbered years: 16 a. THANKSGIVING DAY FROM THURSDAY LOAM until SUNDAY 6PM. 17 b. FOURTH OF JULY FROM 10AM JULY 4 UNTIL LOAM JULY 5. 18 For each of the holidays listed below, Plaintiff should have 19 visitation in the odd-numbered years and Defendant should have 20 visitation in the even-numbered years: 21 22 a. CHRISTMAS DAY FROM 12/24 6PM UNTIL 12/25 6PM 23 b. NEW YEARS DAY FROM 12/31 6PM UNTIL 1/1 6PM 24 PLAINTIFF SHOULD HAVE VISITATION EVERY YEAR ON FATHER'S DAY FROM 25 LOAM UNTIL 6PM. I DEFENDANT SHOULD HAVE VISITATION EVERY YEAR ON MOTHER'S DAY FROM 2 LOAM UNTIL 6PM. 3 ALL OTHER HOLIDAYS ARE ON REGULAR VISITATION SCHEDULE. 4 7. That neither party would be obligated to child support. 5 8. That under the statutory formula neither party would be 6 "required to pay eiiiia support. ibis amount of support meets the 7 children's financial needs. 8 9. That Plaintiff should maintain medical and dental insurance 9 for the minor children. That Plaintiff will pay all deductibles and 10 expenses approved but not covered by insurance. All other expenses not 11 covered by insurance should be paid equally by both parties. 12 10. There is no community property which needs to be divided by 13 the Court. 14 11. That are no community debts which need to be adjudicated 15 by the Court. 16 12. That neither party should be awarded child support. 17 13. That Defendant should not have her former name or raiden 18 name restored. 19 14. That during the course of said marriage, the tastes, mental 20 disposition, views likes and dislikes of Plaintiff and Defendant have 21 become so widely divergent that the parties have become incompatible ii 22 marriage to such as extent that it is impossible for them to live 23 together as husband and wife; that the incompatibility between 24 Plaintiff and Defendant is so great that there is no possibility of 25 reconciliation between them. 1 2 3 4 5 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREFORE, Plaintiff prays for a Judgment as follows: 1. That the marriage existing between Plaintiff and Defendant be dissolved and that Plaintiff be granted an absolute Decree of Divorce and that each of the parties be restored to the status of a single, unmarried person; 2, Tiiat -h- ?-Ciuti= (jcdrtl, un rf11eL requested In th1S Complaint; land 3. For such other relief as the Court finds to be just and proper. DATED this 3rd day of February, 2008. VERIFICATION 1 2 II STATE OF NEVADA ) 3 COUNTY OF CLARK )ss. Abdi Nunow, under penalties of perjury, being first duly 4 5 sworn, deposes and says: 6 That I am the Plaintiff in the above-entitled action; that 7 I have read the foregoing Complaint for Divorce and know the contents 8 thereof; that the same is true of my own knowledge, except for those 9 matters therein contained stated upon information and belief, and as t 10 IJthose matters, I believe them to be true. 11 II DATED THIS 3rd day of February, 2008. 12 BY: 4? 13 Abdi Nunow 14 SUBSCRIBED AND SWORN to before me this 3rd day of February, 2008. NOTARY PUBLIC STATE OF NEVADA 15 4NAY PPUBL I C County of Ctark MONTY MILLER Expires Nov. 17, 2008 mly 16 Lor. 17 ACKNOWLEDGMENT 1.8 I 19 11STATE OF NEVADA 20 HCOUNTY OF CLARK 21 On this 3rd day of February, 2008, before me, the undersigned 22 Notary Public in and for said County and State, personally appeared 23 Abdi Nunow known to me to be the person described in and who executed 24 the foregoing Complaint for Divorce and who acknowledged to me that he 25 5 1 2 3 4 5 6 7 0 9 10 11 12. 13 21 22 23 24 25 did so freely and voluntarily and for the uses and purposes therein NOTARy PUBLIC mentioned. STATE OF NEVADA County of GaAc WITNESS my hand and official seal. MoNTYMiLLER 1 X41 My Intment Expires Nov. 1T, 2008 NOTARY PUBLIC 14 15 16 17 18 19 20 ?? qv o/??'' G' ?+ 0 C"? ?`' J C^ ?? iJ ?7 (7'? ?' ';? , ? ,? `f? «? ? 1. ? ,._. ?, _ T 7 _ ?7 v? =':{ ??=?r c> ?-< ABSHIRO ABUKAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ADBI NUNOW DEFENDANT 2008-2328 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 18, 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 Friday, May 23, 2008 at 8:30 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: tsl Hubert X. Gilroy, Esq., jLA 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 AO low 05/0£/2006 20:51 FAX 05/06/2005 13 51 7177E1197Q ASSHIRO ABUFAR, plaintiff v. ABDI NWOW, Defendant THOMAS D 5OULD E S0 4h002/003 PAGE 02/03 IN THE COURT OS COMON PLEAS CUMBERLAM COUNTY PENNSYLVANIA NO. 2008-2325 CIVIL TERM CIVIL ACTION - L&W ZN CUSTODY ti'S1UME Y_ CU5_' DY AS T THSS A6FtEENWT, made t'ris dav of (YlCccr , 2038, ty ,an6 oPtweeil AgSHIRO AHUKAR, ik-er.einaP?'.e~ zsferrec to eta Mother), and ABDI NWOW, ;t'.ere_na`ter rete.cred r;o 2is Father) WITNESSETH: 1MR13AS, Mother ie tl-iz biologica_ parent, of ADM MOULtD, Maj:ct 23, 2C0_, zoreinafter ie,`.erred to -as 'adar- WHZRF.AS, Father is the bio;logica:1. pare:)t o' Adar. WHEPIW, Mother ard. Father, for ch.e Pea: interest z, the Adari, wi.3h to amicaW.y resolve .hs ci;stcdy of ADAM. AND NOW, the partJ.es inrenCiru r-o be legnl;y bound hereby agree that: MotneL shall have leoa- ar,d prim.ar,y physical Custo(3y of Adar: 9u:a;ec`_ to pa_lods cf custody by 7a,-he: as the parents may acj ee . . Each pe,re nn; 9ha-1 lrfo,:rn the o'thrsr of si?r.if :.cant events that occur i_r. the Ad6)'s .'. i,f,e. 31 Each parent is z.o 'r. f.^rrt the ot"er of any changes in their emo'_ovrren„ health, res.idencP or telephone nurr'ber. 05/06/2008 20.51 FAX 13003/003 M/ 36/?0TU 13; 41 71776119 074 THOMAS- D GOUI.U ESG1 PF+G4 6'31 i,9 i q. Tl?e part -,es in-,end r.ha-t Che t:err'.S o•f• this C:uecot:y ?a U Ag.rbement be trade an Terpora.ry OraeL' of C<?ur.., sub,.. " L :node-fi?oa.tion upon tuzther agsaem©nt of the pzr'Ca.e3. I? Date AB ?>1"•'. IRO ID3 tri J. t.11 E 5 5 5-1v-0 ? 4AA? - W:l'-,neas Date C4R'mr)nwealth / J S6 Go:.r. t y o f (24V.r,5oe 4 +nd P. F_B50NALi,. ., M,rFEnRZD BE'7077 ME, th-S vv day of ?rns,cr.weal•:.r. == ?er.ns 20'?B, a notary pubjkc, to and fcr t:ne. C_ _t -J?ren t.c "e) the AHSHT.Ro ABp[4AR, kno-wn > o me p- ubsct-bed to the wi'Ghin Yustjciy stipulation person whale name is s and acknowledged that she executed the sa:-A. :or the pvrposcs here-'r. contained. ' No'ta'ry Public COMMO L F P NN Y6VIINU Netnial 8981 Leola M. Gould. Notary Public Lower Allen Tvp., Expires April 29, Cumberland C 2012 My Commiaalon Member, Pennsylvania Association of Notaries State cf Nevada 99 C:ovnty of e/CLRk iRERSCNAL1Y 1-?°PFARED BrFop- ^'IL, day of /%?l?/ 2.008, a notary fox the sts- of ??tfvada, p,?pi NUNm known to Me to= sat,' s'factori_.ly proven to be',- Che pers50n W)--.ate name '.s ssbee:_ibed Co the within within cut-ody s-l o.lati.on a.nd u^kncwlcdc?d ,.s ? that he executed the :amen '°o:.- the purpcs --21n contained. NOTARY PUBLIC STATE OF NEVADA q ty ®f cw* +?. 6:&I"r M®NTy MIL-LEN WY 2 2 7ni "(P ABSHIRO ABUKAR, Plaintiff V. ABDI NUNOW, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 2328 CIVIL TERM CIVIL ACTION - LAW CUSTODY ACTION ORDER OF COURT AND NOW this -gn,3-- day of 2008, the terms and conditions of the attached TEMPORARY CUSTODY AGREEMENT dated May 20, 2008, is hereby incorporated and made an Order of this Honorable Court. . er3 `. L J WF F ,, .. u + C LIA 1 LLJ >- . i #. . LL:: _ ;T `°' 0 U C"1 MAY $ S 2008 ABSHIRO ABUKAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION -LAW ADBI NUNOW, NO. 2008-2328 Defendant IN CUSTODY COURT ORDER AND NOW, this day of May, 2008, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. lAved lroy, Esquire HubertXInciliator Custody .?, ?T {.? ,t sort M ?? r?. :_ M,: ?, ?-rb •^^