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HomeMy WebLinkAbout09-2038f Frank C. Sluzis, Esquire Attorney ID# 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 frankgscaring?ilaw.com MARIAM ALIZADA Plaintiff V. MOHAMMAD ALIZADA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 61' k3f CSI irl ?h'! CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT AND NOW, comes the Plaintiff, Mariam Alizada, by and through her attorney, Frank C. Sluzis, Esquire and the law firm of Scaringi & Scaringi, P.C., who files this Custody Complaint and avers as follows: 1. Plaintiff, Mariam Alizada, an adult individual, is the biological Mother of the subject minor children and currently resides at 427 1 st Street, Carlisle, Cumberland County, Pennsylvania 17013 2. Defendant, Mohammad Alizada, an adult individual, is the biological Father of the subject minor children and currently resides at 1440 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The subject minor children are Ahmadasha Alizada, born October 15, 1998 and Roman Alizada, born November 8, 2000. 4. Plaintiff seeks primary legal and primary physical custody of the subject minor children. 5. The subject minor children, Ahmadasha Alizada and Roman Alizada are presently in the physical custody of Mariam Alizada, 427 1St Street, Carlisle, PA 17013. 6. During the children's lifetime, the subject minor children have resided with the following persons and at the following addresses: ADDRESSES PERSONS DATES Ahmadasha Alizada 427 1 st Street Carlisle, Pa 17013 Mariam Alizada Mohammad Alizada 10.15.98- present 10.15.98- 2.6.09 Roman Alizada 427 1St Street Carlisle, PA 17013 Mariam Alizada Mohammad Alizada 11.8.00- to present 11.8.09- 2.6.09 7. The mother of the subject minor children is Mariam Alizada, who resides at 427 1st Street, Carlisle, Cumberland County, Pennsylvania 17013. 8. The father of the subject minor children is Mohammad Alizada, who resides at 1440 Simpson Ferry Road, Cumberland County, Pennsylvania 17070. 9. The Plaintiff currently resides with the following persons: NAME Ahmadasha Alizada RomanAlizada RELATIONSHIP Child Age 10 Child Age 8 10. The Defendant currently resides with the following persons: NAME Younas Alizada Saltanat Alizada Sadig Alizada RELATIONSHIP Father Mother Brother 11. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning custody of the subject minor children in this or any other court. Plaintiff has no information of a custody proceeding concerning the subject minor children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party, to the proceeding, that has physical custody of the subject minor children or claims to have custody or visitation rights with respect to the subject minor children. 12. The best interest and permanent welfare of the subject minor children will be served by granting the relief requested because Plaintiff is the biological mother of the subject minor children and has been and continues to be the primary caretaker of the subject minor children and is better suited to provide stability for the subject minor children. 13. Each parent whose parental rights to the subject minor children have not been terminated and the persons who have physical custody of the subject minor has been named as parties to this action. All other persons, named below, who are known to have a right to custody or visitation of the subject minor children will be given notice of the pendency of this action and the right to intervene: NONE WHEREFORE, Plaintiff Mariam Alizada, respectfully requests this Honorable Court grant to Plaintiff primary legal custody and primary physical custody of the subject minor children. C. Sluzis, Esquire ev IN 43829 khingi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 frankgscaringilaw.com I verify that the facts set forth in the foregoing pleading are 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. MARIAM ALIZADA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. MOHAMMAD ALIZADA CIVIL ACTION - LAW Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Robert D. Turgyan, Paralegal for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy of Custody Complaint, by placing said Custody Complaint in the United States Mail, first class, postage prepaid, to the following person at the following address and on the date set forth below: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011-4706 Date: .51 , 2009 /Ne , THE HOS APR ..1 AM 110 2R ;9ay6pa?r?s ? ' ?y MARIAM ALIZADA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-2038 CIVIL ACTION LAW MOHAMMAD ALIZADA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, April 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, May 05, 2009 at 2:30 PM 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: /s/ john. Man an n Es . 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 OF THE PP&IT fNOTARY 2009 APR -8 PM 2* 3 7 PFNPvSYLVAiit JUN 0 R 2009 MARIAM ALIZADA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-2038 CIVIL ACTION LAW MOHAMMAD ALIZADA, IN CUSTODY Defendant ORDER OF COURT AND NOW this __fil day of June 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. Legal Custody: The Father, Mohammad. Alizada, and the Mother, Mariam Alizada, shall have shared legal custody of Ahmadasha Alizada, born 10/15/1998 and Roman Alizada, born 11/08/2000. The parties shall have an equal right to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody as follows: a. Commencing 05/15/09, Father shall have physical custody of the Children every other weekend from Friday 6:00 pm until Sunday 6:00 pm. b. Between the days of Monday through Friday, Father shall have physical custody of the Children one evening for a period of four (4) hours every week from 4:00 pm until 8:00 pm. This period of time shall be on a day by mutual agreement. In the absence of agreement, Father's period of physical custody shall occur on Wednesday from 4:00 pm until 8:00 pm. C. Father has agreed to, and shall, provide the transportation for his periods of physical custody. d. Father shall have physical custody of the Children at such other times as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange a holiday schedule by mutual agreement. 5. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 0 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. A status update conference with the assigned conciliator is hereby scheduled for July 6, 2009 at 10:30 am at the Court of Common Pleas in Carlisle, PA 17013. 10. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. T .1 n Distribution: w4rank Sluzis, Esq., 2000 Linglestown Rd., Ste 106, Harrisburg, PA 17110 ?Mohammad Alizada, 1440 Simpson Ferry Rd., New Cumberland, PA 17070 ./John J. Mangan, Esquire 0-0pIEs m.a.??. I LI4/? FILED-0FRCE OF THE PRC)THOINOTARY 2009 JUN -9 AM 11: 38 CUNT:; :AUNTY PENNSYLVAN A MARIAM ALIZADA, Plaintiff V. MOHAMMAD ALIZADA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-2038 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Ahmadasha Alizada 10/15/1998 Primary Mother Roman Alizada 11/08/2000 Primary Mother 2. A Conciliation Conference was held with regard to this matter on May 05, 2009 with the following individuals in attendance: The Mother, Mariam Alizada, with her counsel, Frank Sluzis, Esq. The Father, Mohammad Alizada, pro se 3. The parties agreed to the entry of an Order in the form as attached. ?v Date John gan, Esquire Cus dy onciliator March/20/2012 Mohammad D. Alizada 2209 D Cedar Run drive Camp Hill, PA 17011 (717) 303 - 5811 Case No 09-2038 Cumberland County Court House, Pennsylvania: Dear Judge, Petition to Prevent Relocation r,^ CD We hope you will fully read and take into consideration the following sincere plea. I Mohammad D. Alizada informing the courthouse regarding my kids Ahmadsha Alizad was born 10/15/1998 and Roman Alizada was born 11/8/2000. My ex-wife Mariam Alizada the Mother of my kids has been granted Full Custody (go figure) and has relocated out of the state of Pennsylvania WITHOUT filing any permission for relocation, any notice of relocation of my kids. She informed me summer of 2011 going for vacation to see kids Grandma in Holland. Many times, I called the phone number that was given to me by Mariam Alizada my ex-wife, but did not go through wrong number. I have not seen kids for months. On 3/13/12, Mariam Alizada my ex-wife showed up behind my door and asking me to sign this attached letter "Letter Giving up Parental rights of Children" which I declined. Now I am aware of her trying to relocate my kids Ahmadsha Alizada and Roman Alizada Permanently to Holland and leave them with their Grandmother while she is deploying to Afghanistan and working for us military. If she welling to deploy I shall be the one to have my kids, and there is no intent to relocate or important, what is important father and son's relationship? I Mohammad D. Alizada would like that the court grants custody of my kids to me while my ex-wife is deploying to Afghanistan for employment, and Stop my kids from relocation. Sincerely, Mohammad D. Alizada Mohammad D. Alizada 2209 D. Cedar Run drive Camp Hill, Pa 17011 (717) 303-5811 March 20 2012 To whom it may concern, I Mohammad D. Alizada hereby authorize my member of a family (Sister) Gitee A. Sharifi for interpreter English to Dari for me. Gitee. A. Sharifi Riverview Drive Etters, Pa 17319. (H) 717- 938-4482 (C) 717- 903-3594 Thank you. Mohammad D. Alizada 2209 D Cedar Run DR Camp Hill PA 17011 telephone: 717-303-5811 3/14/2012 IMPORTANT LEGAL NOTICE I Mohammad D Alizada legal resident of Pennsylvania and presently married desiring to give up my parental rights of Ahmadsha Alizada and Roman Alizada my children to my ex-wife and the mother o? my children Mariam Alizada, who is currently working for US military in Afghanistan in support of the military efforts, residing at Bagram Airfield Afghanistan. The reason of giving up my parental rights is based on my personal statue. I am happily married and because of personal matter I am giving up my parental rights. For further information send me a letter to following address: 2209 D Cedar Run DR Camp Hill PA 17011 telephone: 717-303-5811 Sincerely Mohammed D Alizada 3/14/2012 Rig i .w MARIAM ALIZADA, Plaintiff V. MOHAMMAD ALIZADA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 2038 CIVIL IN RE: MOTION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 2ND day of APRIL, 2012, at the request of Defendant, natural father (MOHAMMAD ALIZADA) a hearing on Defendant's Motion to Modify Custody is scheduled for FRIDAY, MAY 25, 2012, at 9:15 a.m. in Courtroom # 3. Mohammad D. Alizada Frank Sluzis, Esquire For the Natural Mother ?John Mangan, Esquire Custody Conciliator By the Court, Edward E. Guido, J. c-? cy n r,n u., r -? f S..J 4 &4 'E PROTHOINOTAi' Frank C. Sluzis, Esquire 2.0112 APR 10 All 11. 4 0 Attorney ID No. 43829 SCARINGI & SCARINGI, P.C. CUMBERLAND COUNTY 2000 Linglestown Road, Suite 106 PENNSYLVANIA Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 -facsimile frank@scaring law com MARIAM ALIZADA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-2038 MOHAMMAD ALIZADA CIVIL ACTION - LAW Defendant IN CUSTODY PETITION TO WITHDRAW AS COUNSEL AND NOW comes Petitioner, Frank C. Sluzis, Esquire and Scaringi & Scaringi, P.C., who respectfully request that this Honorable Court grant them permission to immediately withdraw as counsel for Plaintiff in the above-captioned action and in support thereof aver as follows: 1. Frank C. Sluzis, Esquire and Scaringi & Scaringi, P.C., are presently counsel of record for Plaintiff, Mariam Alizada, in the above-captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b) permits withdrawal as counsel when: a. "withdrawal can be accomplished without material adverse effect on the interests of the client;" Pa.R.P.C. 1.16(b)(1); b. "other good cause for withdrawal exists." Pa.R.P.C. 1.16(b)(7). 3. Petitioner represented Plaintiff in a Custody action. 4. A hearing on Defendant's Motion to Modify Custody is scheduled for Friday, May 25, 2012. 5. Petitioner is unaware of the whereabouts of Plaintiff. 6. Petitioner seeks to withdraw as counsel in this matter because it is believed that sufficient grounds exist pursuant to Pa.R.P.C. 1.16(a) and (b). 7. No hearing or argument is requested. 8. Discovery is not necessary. 9. Petitioner does not know the position of the Defendant to the within motion. WHEREFORE, Petitioner respectfully requests that this Honorable Court order that Petitioner's request to withdraw as counsel on behalf of Plaintiff, Mariam Alizada, in the above- captioned matter is granted. Respectfully submitted, SCARINGI CARING?,P.C. By: rink C. Sluzis, Esquire Attorney for Plaintiff PA ID# 43829 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: 717.657.7770 Fax: 717.657.7797 Email: frank kscaringilaw.com CERTIFICATE OF SERVICE I, Julie M. Good, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Mariam Alizada 427 1 st Street Carlisle, PA 17013 Mohammad Alilzada 1440 Simpson Ferry Road New Cumberland, PA 17070 Date: - q - °? aijj,'. fnAll-ld Jul' M. Good, Paralegal MARIAM ALIZADA Plaintiff V. MOHAMMAD ALIZADA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-2038 CIVIL ACTION - LAW IN CUSTODY RULE AND NOW, this day of AP , 2012, a rule is hereby issued upon both parties to show cause why the Petitiorr To Withdraw As Counsel should not be granted. This rule is returnable to days from date of service. BY THE Distribution: ? Frank C. Sluzis, Esquire, Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Mariam Alizada, 427 1 st Street, Carlisle, PA 17013 ,/ Mohammad Alilzada, 1440 Simpson Ferry Road, New Cumberland, PA 17070 MARIAM ALIZADA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA f? V. NO. 2009-2038 -? ?..MW zr M MOHAMMAD ALIZADA CIVIL ACTION - LAW („r-- Defendant IN CUSTODY -<:r' cra ' ' < ORDER '' w E AND NOW THIS day of AMY-, 2012, upon consideration of the Petition to Withdraw as Counsel, Motion to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defendants to the Petition, it is hereby ORDERED that said Petition is GRANTED. Frank C. Sluzis, Esquire and Scaringi & Scaringi, P.C. are withdrawn as counsel for Plaintiff, Mariam Alizada, in the above-captioned matter. Distribution: Frank C. Sluzis, Esquir caringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106, Harrisburg, PA 17110 Mariam Alizada, 427 1 st Street, Carlisle, PA 17013 Mohammad Alilzada, 1440 Simpson Ferry Road, New Cumberland, PA 17070 '??p MARIAM ALIZADA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-2038 CIVIL TERM MOHAMMAD ALIZADA, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 25th day of May, 2012, hearing on father's petition to modify custody and to have mother held in contempt for failing to abide by our order of July 22, 2009, is scheduled for Friday, June 15, 2012, at 1:00 p.m. By the Court, _ tia ?- ' MW _ = - - e-" Edward E. Guido, J. Stacy B. Wolf, Esquire Attorney for Mother iJ Mohammad Alizada 2709 D Cedar Run Drive Camp Hill, PA 17011 srs oerv ??l STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARIAM ALIZADA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANv A , CIVIL ACTION - LAW NO. 2009-2038 CIVIL TERM [Ji IN CUSTODY v. MOHAMMAD ALIZADA, Defendant MOTION FOR CONTINUANCE - NOW comes the Plaintiff, Mariam Alizada, by her attorney, Stacy B. Wolf, Esquire, and presents the following Motion for Continuance of the June 15, 2012 custody modification hearing, representing as follows: 1. The plaintiff is Mariam Alizada, an adult individual who is a resident of 45 Pine Creek Road, Carlisle, Cumberland County, Pennsylvania 17013 but who has been deployed to Afghanistan. 2. The defendant is Mohammad Alizada, an adult individual residing at 2209 D Cedar Run Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The parties are the natural parents of two minor children, namely: Ahmadasha Alizada, age 13, born 10/15/1998, and Roman Alizada, age 11, born 11/08/2000. 4. Defendant filed a "Petition to Prevent Relocation" on March 30, 2012. 5. An Order was entered scheduling a Custody Modification Hearing on June 15, 2012 at 1:00 p.m. Because Plaintiff is in Afghanistan, Plaintiff is not able to be physically present in Court on Friday, June 15, 2012. 7. A letter dated June 5, 2012 from Plaintiff's Commanding Officer, M.S. Smith, MAJ, explaining Plaintiff s inability to be present on June 15, 2012 is attached hereto as Exhibit "A." 8. Plaintiff seeks to postpone the Custody Hearing until a date between August 15, 2012 and September 1, 2012 when she will be on leave and able to appear before the Court. 9. Concurrence in the foregoing motion was sought from Defendant and as of the time of filing, no response had been received from the defendant. WHEREFORE, Plaintiff, Mariam Alizada, respectfully requests that the Court issue an Order continuing the June 15, 2012 custody hearing to a date between August 15, 2012 and September 1, 2012, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: June -Z, 2012 By: Stacy B. WoM Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Plaintiff VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff, and the facts set forth in this motion are true and correct to the best of my knowledge 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. June , 2012 Stacy B. Wo Counsel for Plaintiff ?` • UNITED STATES MARINE CORPS SPECIAL OPERATIONS TASK FORCE WEST t" CAMP LAWTON, HERAT APO AP 09382 TN RRPIX R)Iel* TO 1000 5 JUN 12 From: Commanding officer, Special Operations Task Force- West To: whom this may concern Subject: LETTER OF JUSTIFICATION FOR MARIAM ALIZADA 1. Mariam Aliaada is currently serving as a linguist and cultural advisor for Special operations Task Force- West, Afghanistan. Due to her unique language skill set, she is instrumental to our operational mission and is stationed at a remote location., 2. I am aware that she has a court mate set for 15 JUNE 12. Her family is extremely important to her, but it is requested that she receive an extension and a new court date for mid-August. 3. She will be available during mid- August and she will not be in an operational environment. Point of contact for this request is Capt Bessie Bernstein, Cultural Support Team Officer In Charge, bessiebernsteinhotmail.com. M. S. SM1'H_ MAJ By Direction Fx?,,b+ a STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARIAM ALIZADA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MOHAMMAD ALIZADA, : NO. 2009-2038 CIVIL TERM Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by United States Mail, addressed as follows: Mohammad Alizada 2209 D Cedar Run Drive Camp Hill, PA 17011 Dated: June, 2012 Respectfully submitted, WOLF & WOLF, Atton i / `- yU By: Stacy B. , Esquire Attorney f Plaintiff at Law o.- MARIAM ALIZADA, v. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MOHAMMAD ALIZADA, Defendant CIVIL ACTION - LAW NO. 2009-2038 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW this day of L /U A) , 2012, upon consideration of the attached 0 Motion, it is hereby ordered that the Custody Modification Hearing scheduled for Friday, June 15, 2012 at 1:00 p.m., m. in Col=oOm e POO& 64 coo*=- 4 ZAN .1 • • ,?, A, w TH CO T: Edward E. Guido, J. ? nrn r ?4. ':rry_ Distribution: ?Stacy B Wolf Esquire tv -4 f, . , For the Plaintiff •a -- c'_:y d Ali M h d ' N tm .; ; o amma za a t Pm Se eS Ala, lei/ 61 ?/.? MARIAM ALIZADA, Plaintiff V. MOHAMMAD ALIZADA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-2038 CIVIL TERM IN RE: MOTION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 15th day of June, 2012, a rule is issued upon Plaintiff, Mariam Alizada, to show cause why she should not be held in contempt of court for relocating the children overseas without obtaining permission of this Court. A conciliation conference on the issue of contempt and the issue of arranging suitable visitation for the father is to be scheduled forthwith. Mother has permission to participate by satellite phone and/or Skype in said conciliation conference. If the matter cannot be resolved at conciliation, we will have a hearing on the issue of relocation and contempt on August 24, 2012, commencing at 9:15 a.m. Mother is ordered to make arrangements to have the children returned to the United States to stay with father by July 15, 2012, and to remain there pending the outcome of our hearing on August 24, 2012. If mother is prepared to provide reasons why the children should not be with father pending our hearing in August, she may file a petition and we will have a hearing thereon on June 28, 2012, at 2:00 p.m. The only thing I will be concerned about would be the emotional and/or physical safety of the children while in father's care. Mother may participate in said hearing by telephone or video conferencing. It shall be up to mother's counsel to make arrangements in that regard. Father shall provide mother with all his contact information including address, phone number, e-mail address, and any other means of contact. Mother shall provide the same information with regard to the children. By the Coin Edward E. Guido, J. .'Stacy B. Wolf, Esquire For the Plaintiff v Mohammad Alizada 2209 D Cedar Run Drive Camp Hill, PA 17011 :lfh 77 ?. _ en FILED-OFF-'CE OF THE left iO TAR Y STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ?112 JUN 28 aM 1D: 24 CUMBERLAND COUNTY PENNSYLVANIA MARIAM ALIZADA, v. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MOHAMMAD ALIZADA, Defendant CIVIL ACTION - LAW NO. 2009-2038 CIVIL TERM IN CUSTODY ORDER OF COURT NOW this ?day of , 2012 upon considerationof the plaintiffs attached ? Response to Rule to Show Cause and Petition to Delay Transfer of Custody, the following Order is hereby issued: `# -not-- -fA041 C- - n iF r i ! e t- g ?Jd5, S, a.p ? a?. a.?? ja? j? / 7 ?}O /? , ?iy? ? Aatoop #n.,& A7_ Z C L_ / By a Court Honorable Edward E. Guido Stacy B. Wolf, Esquire ? Muhammad Alizada 12. y ?Zf`, e.5 y d ed ?G MARIAN ALIZADA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-2038 CIVIL TERM MOHAMMAD ALIZADA, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 24th day of August, 2012, after hearing, the petition to hold mother in contempt is DISMISSE . By the Court, Edward E. Guido, J. / Stacy B. Wolf, Esquire For the Plaintiff / Mohammad Alizada 2209 D Cedar Run Drive Camp Hill, PA 17011 srs ~,,eS ,~.,~~~~ ~~~/.~ ~fi~"`" c ~ ~-, -,~ ~ ~ ~ "~ rn ~~ ~ ~~ ~~ ~ '~~' Za 3" 3 ~~ ~~~ ~~ w ,~~ ~, ~; ~ r ,1~ MARIAN ALIZADA, Plaintiff v. MOHAMMAD ALIZADA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2038 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 24th day of August, 2012, after hearing, all prior Custody Orders are vacated and replaced wi the following: 1. Legal Custody: The Mother, Mariam Alizada, sr have sole legal custody of Ahmadasha Alizada, born 10/15/1998 and Roman Alizada, born 11/8/2000. She shall be entitled to make all major decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and general welfare. Provided, however, that Father shall be entitled to all recor and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. Father shall be entitled to make those requests of any provid and to receive said information directly from the provider. Mother shall notify Father as to the name and address of the children's school, physicians, dentists, and any other health education, religion or welfare provider requested by Father. 2. Physical Custody: Mother shall have primary physical custody of the children subject to Father's physical custody as follows: A. He shall be entitled to visit the childrer. not less than seven days every six months. Mother shall ma travel arrangements to see that the children get to the Unit th 11 ~~ States to Father's town so that the visits may be accomplishgd. B. Such other times as the parties may agree. 3. Father shall have liberal contact with the children on a reasonable basis. Mother shall provide Father with a pre-paid cell phone so that these contacts may be mad, and Mother will renew the minutes as they run out. If Fathe renews the minutes, he may deduct that from his child suppor obligation by submitting a copy thereof to the Domestic Relations Office, and his account will be appropriately credited. Father shall use the phone only for purposes of calling his children. 4. Neither party may say or do anything nor p third party to do or say anything that may estrange the chil t a from other party or injure the opinion of the children as to~the other party, nor may either party hamper the free and natura development of the children's love or affection for the othe party. To the extent possible, both parties shall prevent t ird parties from disparaging the other parent in the presence of the children. 5. In the event of a medical emergency, the custodial party shall notify the other party as soon as practical after the emergency has been handled. 6. This Court shall maintain jurisdiction. By the Court , ~ ,,,;, `-=. ~ ~ ~- ~.: ~ ~ r-' ~ -~. N tti ~ '~ a ~ .y.. ~" `~1 Edward E. Guido, J. ~~ ~ p~h ~` ~ ?'~ Stacy B. Wolf, Esquire r/ Mohammad Alizada ~ ~ For the Plaintiff 2209 D Cedar Run Drive ».. Camp Hill, PA 17011 ~DPiC.S ~ta~. /evl ~~•~9//a. srs ~~