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Home My WebLink About02-0705 KATRINA WELPTON, Plaintiff VS. MOUNIR ELABRIDi, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- '~O~ CIVIL TERM CIVIL ACTION - LAW CUSTODY _COMPLAINT FOR CUSTODY TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW comes the Plaintiff, KATRINA WELPTON, by her attorney, MAX J. SMITH, JR., Esquire, and respectfully represents the following: 1. Plaintiff is KATRINA WELPTON, who resides at 315 Dorwart Circle, Etters, York County, Pennsylvania. 2. Defendant is MOUNIR ELABRIDI, who resides at 407 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are not married and are the natural parents of one child, ZAKARIA J. ELABRIDI, bom October 31, 2001. 4. The best interests and welfare of the minor child would be served by placing .primary physical and legal custody of the child with Plaintiff, subject to reasonable partial custody privileges with Defendant as the court may deem appropriate. 5. The minor child has resided at the following addresses since birth: a. From birth until December 15, 2001 at 407 Independence Court, Mechanicsburg, Cumberland County, Pennsylvania with both parents. b. From December 15, 2001 until present at 315 Dorwart Circle, Etters, York County, Pennsylvania with Mother. 6. Plaintiff does not have any information of any custody proceeding concerning said minor child in any court in Pennsylvania or any other State. 7. Plaintiffhas not participated as a party, witness or otherwise in any other litigation concerning the custody of said minor child in Pennsylvania or any other State. 8. Plaintiff does not know of any person not a party to these proceedings who has physical custody of the said minor child or who claims to have custody or visitation fights with respect to him. DATE: February ~_~, 2002 WHEREFORE, Plaintiff respectfully prays that your Honorable Court order that primary physical and legal custody of ZAKARIA J. ELABRIDI. MAX J. SMITH, JR.?Esquire Attorney for Plaintiff I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint aro tree and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. KATRINA WELl, TON KATRINA WELPTON : PLAINTIFF ' : V. MOUNIR ELABRIDI DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-705 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, February 14, 2002 ~ upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, March 12, 2002 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. 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/ Dawn S. Sunday· Esq. 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 pr/or to any heating 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 KATRINA WELPTON, Plaintiff VS. MOUNIR ELABRIDI, Defendant : IN THE COURT OF COMMON'PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-00705 CIVIL TERM : : CIVIL ACTION - LAW : CUSTODY AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : BEFORE ME, personally appeared JOHN R. ZIMMERMAN, who being duly sworn according to law, deposes and says that he did serve in person the Complalnt for Custody upon Mouah' Elabridi at 407 Independence Court, Mechanicsburg, Pennsylvania; service having been made on the 19th day of Febma~, 2002 at 10:25 a.m. SWORN and subscribed to before me thisog~ (_day of Februmy, 2002. NOTARY PUBLIC NOTARIAL SEAL MICRELLE ELLIOT'[, NOTARY PUBLIC HUMMELSTOWN, DAUPHIN COUNTY, PA MY COMMISSION EXPIRES JUNE 9, 2003 KATR1NA WELPTON, Plaintiff VS. MOUNIR ELABRIDI, De£endgnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-705 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~__dayof ~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Katrina Welpton, shall have primary physical custody and legal custody of Zakaria J. Elabridi, bom October 31, 2001. 2. The Father, Mounir Elabridi, may have periods of visitation or partial custody with the Child as arranged by agreement of the parties in the event the Father travels to central Pennsylvania. BY~ J. cc: Max J. Smith, Esquire - Counsel for Mother ,~ $. t q. 0 2.) Mounir Elabridi, Father ~ % KATRINA WELPTON, Plaintiff VS. MOUNIR ELABRIDI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-705 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE VOTH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Zakaria J. Elabridi October 31, 2001 Mother 2. A Conciliation Conference was held on March 12, 2002, with the following individuals in attendance: The Mother, Katrina Welpton, with her counsel, Max J. Smith, Esquire. The Father, Mounir Elabridi did not appear at the Conference and was not represented by counsel. The Mother's counsel provided a Certificate of Service indicating that the Father had been personally served with the Petition and Notice on February 19, 2002. The Mother stated that the Father left for Morocco the following day and has not communicated with her since that time. 3. The Mother filed this Petition for primary physical custody of the Child. She stated that she and the Father had amicably agreed to the Mother having primary custody prior to the Father's sudden departure for Morocco. The Mother indicated that she has been attempting to contact the Father by E- Mail and although he has been receiving her messages, he has not responded. The Child has resided with the Mother since their separation in December 2001. 4. The Conciliator recommends an Order in the form as attached based upon the information provided by the Mother at the Conference and the fact that the Father did not attend or contact the Conciliator. Although the Father has not provided the Mother with his address in Morocco, the Mother advised that the Father is on the board of directors of his business which has a mailing address in Harrisburg. This address is provided for forwarding of the Custody Order upon entry. Date - Dawn S. Sunday, Esquire / Custody Conciliator