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HomeMy WebLinkAbout09-8315JESSICA LARELL MANSBERGER, Plaintiff vs. HANY ALTIA AHMED, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : NO. 09- P3 /< CIVIL TERM CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Jessica Mansberger, hereinafter referred to as Mother. Mother resides at 223 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Hany Ahmed, hereinafter referred to as Father. It is believed that Father is residing with his cousin at 142 North Linden Street, Harrisburg, Dauphin County, Pennsylvania, 17103-1332. 3. Mother seeks primary physical custody of the minor child: Name Present Residence Age Melaak Ahmed 142 North Linden Street 6/18/09 DOB, 5 months old Harrisburg, PA 17103 Melaak was born out of wedlock. Melaak is presently in the custody of Father as a result of his snatching Melaak from Mother and refusing to return him since November 30, 2009. During his lifetime, Melaak has resided with the following persons and at the following addresses: Name Jessica Mansberger Hany Ahmed Anthony Sepulveda Jazmyn Sepulveda Dominic Braxton Address 223 Reno Ave. New Cumberland, PA Date birth -11/30/2009 Hany Ahmed 142 North Linden St. Nakib Halib :Harrisburg, PA Carmen (unknown last name) Loida (unknown last name) 11/30/09 - present 5. Mother lives with the following persons: Name Anthony Sepulveda Jazmyn Sepulveda Dominic Braxton Relationship Son from prior relationship Daughter from prior relationship Son from prior relationship 6. It is believed that Father lives with the following persons: Name Nakib Halib Carmen (unknown last name) Loida (unknown last name) Melaak Ahmed Relationship Cousin Cousin's Girlfriend Cousin's Girlfriend's Sister Son with-Jessica Mansberger 7. Mother has not participated as a party or witness, or in another capacity, in other custody litigation concerning the custody of Melaak in this or another court. 8. Mother has no information of a custody proceeding concerning Melaak pending in a court of this Commonwealth. 9. Mother does not know of a person not a party to the proceedings who has physical custody of Melaak or claims to have custody or visitation rights with respect to Melaak. 10. Melaak's best interest and permanent welfare will be served by granting the relief requested for reasons including, but not limited to the following: a. Since Melaak was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. More importantly, Mother has been the primary provider for Melaak's health and nutrition because Melaak has been primarily breastfed since birth. b. Mother is fully capable of caring for Melaak on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Melaak and will encourage their father/son relationship. 11. Defendant is not acting in Melaak's best interests for reasons including, but not limited to, the following: a. Father took Melaak from the residence he has known since birth and from Mother who is his primary caregiver. b. Mother breastfeeds Melaak as his primary source of nourishment. When Father took Melaak he took the current supply of breastmilk but that will quickly run out and switching entirely to formula feeding without a measured transition is bad for Melaak's digestive system. c. If Melaak is kept from Mother for an extended period of time, it is likely to interfere with Mother's ability to continue breastfeeding at a later date and thus unnecessarily change Melaak's established feeding habits when it is commonly known that breast milk is the ideal source of nourishment for an infant. d. Father has refused to accept or return Mother's calls and has completely denied Mother any contact with Melaak. e. Melaak has two doctor's appointments scheduled for this month as well as surgery scheduled at Hershey Medical Center on December 23, 2009. Father's refusal to communicate with Mother leaves Mother uncertain as to whether Melaak will be at the appointments or whether he will be taken to his surgery. f. Father's decision to withhold Melaak from Mother demonstrates a total disregard for Melaak's health and well being. g. Father has repeatedly threatened to move out of the jurisdiction with Melaak. These threats have included leaving to be with immediate family in New Jersey or even the possibility of leaving the country to be with other immediate family members in Egypt. 12. Every person with rights to custody or having actual physical custody of Gage has been named as parties to this action. WHEREFORE, Mother requests this Court to grant her the following relief: 1. That the parties shall share legal custody of Melaak. 2. That Mother shall have primary physical custody of Melaak. 3. That Father shall have periods of supervised visitation at times and places agreed upon by the parties. 4. That the parties shall have an appropriate holiday schedule so that both parents can spend time with Melaak during various holidays. 5. Any other relief this Court finds just and equitable. Res ly submitted, Je i a olst, Esquire Mi enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 VERIFICATION The above-named PLAINTIFF, Jessica Mansberger, 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: a? VssiMca M JESSICA LARELL MANSBERGER, Plaintiff vs. HANY ALTIA AHMED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- CIVIL TERM CUSTODY AFFIDAVIT OF SERVICE BY MAIL I, Jessica Holst, do hereby swear that I served Hany Altia Ahmed, with a Petition for Emergency Relief on v Z 2009 by certified mail, return receipt, restricted delivery, to the person and address below: Hany Altia Ahmed c/o Nakib Halib 142 North Linden Street Harrisburg, PA 17103-1332 I, Jessica Holst, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. ZZIA Date: 1 Z - Z ` cJ ? Signature: L r? ,? .. ? ?_, LJui U'??.. t?1 r ?-, ? . 2`? ? .. .. .? ? ` .T ?? U JESSICA LARELL MANSBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09- 93/5 CIVIL TERM HANY ALTIA AHMED, Defendant CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Jessica Larell Mansberger, Plaintiff, to proceed in forma ap uperis. I, Jessica Holst, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Mssi Widlst, Esquire Mi nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r 9?y _ F r if i VI 4 ; tV?Cv'_r , JESSICA LARELL MANSBERGER, Plaintiff HANY ALTIA AHMED, vs. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.09- 93 CIVIL TERM CUSTODY PETITION FOR EMERGENCY RELIEF Petitioner, Jessica Mansberger, by and through her counsel, MidPenn Legal Services, states the following: 1. Petitioner is the above-named Plaintiff, hereinafter referred to as Mother, who resides at 223 Reno Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is the above-named Defendant, hereinafter referred to as Father. It is believed that Father is residing with his cousin at 142 North Linden Street, Harrisburg, Dauphin County, Pennsylvania 17013-1332. 3. The parties are the natural and biological parents of the minor child Melaak Ahmed, born June 18, 2009. 4. There is no prior Custody Order in this matter. A Custody Complaint has been filed simultaneously with the filing of this Petition for Special Relief. 5. On November 30, 2009, Father took Melaak from Mother's residence and has subsequently refused to return Melaak to Mother's custody. 6. Defendant is not acting in Melaak's best interests for reasons including, but not limited to, the following: a. Father took Melaak from the residence he has known since birth and from Mother who is his primary caregiver. b. Mother breastfeeds Melaak as his primary source of nourishment. When Father took Melaak he took the current supply of breastmilk but that will quickly run out and switching entirely to formula feeding without a measured transition is bad for Melaak's digestive system. c. If Melaak is kept from Mother for an extended period of time, it is likely to interfere with Mother's ability to continue breastfeeding at a later date and thus unnecessarily change Melaak's established feeding habits when it is commonly known that breast milk is the ideal source of nourishment for an infant. d. Father has refused to accept or return Mother's calls and has completely denied Mother any contact with Melaak. e. Melaak has two doctor's appointments scheduled for this month as well as surgery scheduled at Hershey Medical Center on December 23, 2009. Father's refusal to communicate with Mother leaves Mother uncertain as to whether Melaak will be at the appointments or whether he will be taken to his surgery. f. Father's decision to withhold Melaak from Mother demonstrates a total disregard for Melaak's health and well being. g. Father has repeatedly threatened to move out of the jurisdiction with Melaak. These threats have included leaving to be with immediate family in New Jersey or even the possibility of leaving the country to be with other immediate family members in Egypt. 7. Mother is the parent who can best provide for Melaak for reasons including, but not limited to, the following: a. Since Melaak was born, Mother has been his primary caretaker and has been responsible for his emotional, physical, educational, financial and medical needs. More importantly, Mother has been the primary provider for Melaak's health and nutrition because Melaak has been primarily breastfed since birth. b. Mother is fully capable of caring for Melaak on a primary basis and has done so since his birth. c. Mother is willing to communicate with and work cooperatively with Father to co- parent Melaak and will encourage their father/son relationship. 8. Without this Court's intervention, Melaak is at risk of being harmed emotionally and physically. Melaak is at risk of emotional harm by being denied contact with Mother, the person who has been his primary caretaker since birth. Melaak is at risk of physical harm because Father is unaware of Melaak's well-baby check on December 6, 2009 or Melaak's appointment with the surgeon on December 9, 2009. It is unknown whether Father remembers that Melaak is scheduled for surgery on December 23, 2009. Furthermore, Father is incapable of continuing to provide Melaak with his normal form of nourishment through breastmilk once the current supply runs out and the unnecessary change without the appropriate transition to formula feeding can harm Melaak's digestive health. WHEREFORE, Mother respectfully requests that the Court order the following: a. Defendant shall immediately return the child, Melaak Ahmed, to Mother's custody. b. The parties shall share legal custody of Melaak. C. This matter shall be scheduled for an expedited custody conciliation to determine a more specific custody order regarding Melaak, born June 18, 2009. d. Until the conciliation conference, Mother shall have primary physical custody of Melaak. e. Until the conciliation conference, Defendant shall have periods of supervised visitation at times and places as the parties may agree. f. The local police or other appropriate law enforcement agency shall assist Mother in regaining custody of Melaak from Father or other adult who may have custody of Melaak. g. Any other relief this Court finds just and equitable. MidP)bnn Legal Services 401 E. Louther Street Carlisle, PA 17013 VERIFICATION The above-named PLAINTIFF, Jessica Mansberger, verifies that the statements made in the above PETITION FOR SPECIAL RELIEF 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: o Qykdk?tz essica Mansbe er JESSICA LARELL MANSBERGER, Plaintiff VS. HANY ALTIA AHMED, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09- CUSTODY Defendant AFFIDAVIT OF SERVICE BY MAIL CIVIL TERM I, Jessica Hoist, do hereby swear that I served Hany Altia Ahmed, with a Petition for Emergency Relief on j2u 02 , 2009 by certified mail, return receipt, restricted delivery, to the person and address below: Hany Altia Ahmed c/o Nakib Halib 142 North Linden Street Harrisburg, PA 17103-1332 I, Jessica Hoist, verify that the statements made in this Affidavit of Service 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 unsworn falsification to authorities. Date: / ' () CI Signature: i4. 'vL i'u'.. JAN ~ " 2010 JESSICA LARELL MANSBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW ~_ ~ tV ra _,. ~ HANY LATIA ARMED, NO. 2009-8315 -~,, ~" ~ T~ .~, - Defendant IN CUSTODY ''~ `' s"' r., r. ~'--'~' . , _ ~ ORDER :~'_ ~ =~} `-z=. .~ ~ ~ ~,:, -c / ~ ~ AND NOW, this day of January, 2010, the Conciliator being advised the l parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy Custody Concilj~