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HomeMy WebLinkAbout05-5060TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. No. 05- CIVIL TERM ROBERT ANDERSON, W Defendant . IN CUSTODY COMPLAINT FOR CUSTODY Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo and MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 517 Cherry Court, Carlisle, Cumberland County, PA, 17013. 2. The above Defendant currently resides at 492 Glenwood Ave., Columbus, OH 43205-1417. 3. Mother and Defendant are the natural parents of: Rahqib Anderson, born December 20, 2002. 4. Mother and Defendant were married and have since divorced. 5. The child has lived at the following addresses and with the people listed below: a. From birth until July 14, 2003, with his parents in Maryland; b. From July 15, 2003 through December 20, 2003, with his parents in Alexandria, Virginia; c. From December 21, 2003, through April 1, 2005, with his mother and maternal grandmother in Brooklyn, New York; d. From April, 2, 2005, through June 7, 2005, with the Defendant in Illinois; e. From June 8, 2005, to August 25, 2005 with his mother, her cousin and her cousin's husband in York, Pennsylvania; f. From August 26, 2005, through the present with his father and maternal grandfather in Columbus, Ohio. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant took the child to his father's house in Ohio with the express understanding of Mother that he would return the child in one or two weeks; b. Mother has only been allowed to talk to the child sporadically; c. The Defendant has refused to provide Mother with information as to whether the children are receiving the care that is necessary and appropriate for them; d. Defendant has traumatized the child by removing him from Mother and by not allowing Mother contact; e. Mother tried to talk to Defendant by telephone but he would not give her information about the children's health, education or welfare nor would he give her any information about his future plans with respect to care and custody; f Mother believes that Defendant has not provided the child with appropriate sleeping arrangements; g. Throughout their relationship, Defendant has riot been consistently present in the children's lives. When Defendant has visited or exercised partial custody rights, he has not returned the child as agreed on by the parties; 7. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for them; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 8. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the defendant supervised visitation with the child. 9. Without this Court's intervention, Mother and children are at risk of irreparable harm by being denied contact with each other. 10. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. This Court assume jurisdiction under the UCC'JE based on mother's current address, her history of being the chi Id's primary caretaker, and the inconvenience of litigating custody in any other jurisdiction in which the child or father has had contact. b. Defendant immediately return the child to Mother in Cumberland County, Pennsylvania. c. Tanurah A. El Hadi have primary legal and physical custody of the children. d. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; e. Defendant is prohibited from removing the children from Pennsylvania except as provided by this Court's custody order; f. Any other relief this court deems just and proper. lly submitted, 1 --O Grac E. D'Alo Att iey for Plaintiff/ Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Tunurah A. E1 Hadi, verifies that the statements made in the attached 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: C I 1(L0l I. LS tiC ?u Tunurah A. El Hadi t Q :J ^wl Tj a rv rrt ?? rn y »t} TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. No. 05-??6CIVIL TERM ROBERT ANDERSON, IV Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Tanurah A. El Hadi , Plaintiff, to proceed in forma au eris. I, Grace E. D'Alo, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. P e D'Alo Ss ca Diamondstone Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 c> ? o C- ? TI n mr=, ..s?9o 7 r i?n S C N y z TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. No. 05- CIVILTERM ROBERT ANDERSON, IV Defendant IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo and MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 517 Cherry Court, Carlisle, Cumberland County, PA, 17013. 2. The above Defendant currently resides at 492 Glenwood Ave., Columbus, OH 43205-1417. 3. Mother and Defendant are the natural parents of. Rahqib Anderson, born December 20, 2002. 4. Mother and Defendant are married. 5. The child has lived at the following addresses and with the people listed below: a. From birth until July 14, 2003, with his parents in Maryland; b. From July 15, 2003 through December 20, 2003, with his parents in Alexandria, Virginia; c. From December 21, 2003, through April 1, 2005, with his mother and maternal grandmother in Brooklyn, New York; d. From April, 2, 2005, through June 7, 2005, with the Defendant in Illinois; e. From June 8, 2005, to August 25, 2005 with his mother, her cousin and her cousin's husband in York, Pennsylvania; f. From August 26, 2005, through the present with his father and maternal grandfather in Columbus, Ohio. 6. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. The Defendant took the child to his father's house in Ohio with the express understanding of Mother that he would return the child in one or two weeks; b. Mother has only been allowed to talk to the child sporadically; c. The Defendant has refused to provide Mother with information as to whether the child is receiving the care that is necessary and appropriate for him; d. Defendant has traumatized the child by removing him from Mother and by not allowing Mother contact; e. Mother tried to talk to Defendant by telephone but he would not give her information about the child's health, education or welfare nor would he give her any information about his future plans with respect to care and custody; f. Mother believes that Defendant has not provided the child with appropriate sleeping arrangements; g. Throughout their relationship, Defendant has not been consistently present in the child's life. When Defendant has visited or exercised partial custody rights, he has not returned the child as agreed on by the parties; 7. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 8. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the defendant supervised visitation with the child. 9. Without this Court's intervention, Mother and child are at risk of irreparable harm by being denied contact with each other. 10. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. This Court assume jurisdiction under the UCCJE based on mother's current address, her history of being the child's primary caretaker, and the inconvenience of litigating custody in any other jurisdiction in which the child or father has had contact. b. Defendant immediately return the child to Mother in Cumberland County, Pennsylvania. c. Tanurah A. El Hadi have primary legal and physical custody of the child. d. The custodial rights of Defendant shall be limited to visitation as ordered by this Court or agreed to by the parties; e. Defendant is prohibited from removing the child from Pennsylvania except as provided by this Court's custody order; f. Any other relief this court deems just and proper. Respectfully submitted, acre E. D'Alo torney for Plaintiff/ Petitioner idPenn Legal Services 8 Irving Row Carlisle, PA 17013 r ? ?:? u, -n ???. r.+?? i?TS " S-n nY = "-'-- C` r _cf ??n N ff, 4...' '?Y? ^? _ r?? ? l ?? •y (}? ? "? TANIIRAH A. EL HADI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA VS. No. 05- opcrvii. TERM ROBERT ANDERSON, IV Defendant IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS n o To the Prothonotary: T C'''? 51 aaupert? ; Kindly allow, Tanurah A. El Hadi , Plaintiff, to proceed in forma 12 -o I, Grace E. D'Alo, attorney for the party proceeding in forma ap uneris, c f`Ify tha O 'n I believe the party is unable to pay the costs and that I am providing free legal sefAces`t` the party. ia 2a e e?qjca DD 10 J mondstone Geo frey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 TANURAH A. EL HADI, : IN TIIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA 0 VS. No.05- CIVIL TERM ROBERT ANDERSON, IV Defendant IN CUSTODY ORDER OF COURT . / ,Ao4p AND NOW, this L day of Q C'X'0 4-c , upon consideration of the Petition for Special Relief, the following order is entered: T--Uefe t is ordered to immediately return child Rahqib Anderson to Tanurah A. El Hadi at Cherry Court, Carlisle 17013; 2. Plaintiff, Tanurah . 1 1, shall have primary physical custody of the child; 3. Defendant is en ed from I'moving the child from Cumberland County, Pennsy;ht ania 4. Defe is ordered to appear before this 's appointed conciliator on , day of 200 velop a mutually ea e an enef?ial partial custody and vislta ort s u e. y the Court, J. Grace E. D'Alo ,X1dPenn Legal Services 8 Irvine Row Carlisle, PA 17013 ,,De 4 J fo6q H :I I "I ' - lqo SUZ TUNURAH A. HADI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ANDERSON DEFENDANT 05-5060 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Tuesday, October 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland Coun Courthouse, Carlisle on Thursday, October 13, 2005 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/ Jacqueline M. Verney, Esq. lildn Custody Conciliator P 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 o sv ?? A02 -17V SZ :11 H'1 9 .. 120 SOut 5 OCT 1 7 200, I,,? TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF ?" Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this / V day of Dd7^ 2005 upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tunurah A. Hadi, and the Father, Robert Anderson, shall have shared legal custody of Rahqib Anderson, born December 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Father shall have primary physical custody of the child. 3. The Mother shall have the following periods of supervised visitation, Father shall be the supervisor: A. Saturday, October 22, 2005 from 12:00 noon to 2:00 p.m. The parties shall meet at an agreed location in and around the Monroeville Interchange of the Pennsylvania Turnpike. B. Tuesday, November 1, 2005 from 7:30 a.m. to 8:30 a.m. The parties shall meet at an agreed location in Columbus, Ohio. 4. This Order is entered pursuant to an agreement of the parties at 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. Another Conciliation Conference is scheduled for November 14, 2005 at 9:30 a.m. \D f J. \, i i?? +?J:? i? i11?J cc: Grace D'Alo, Esquire, Counsel for Mother Robert Anderson, pro se 492 Linwood Avenue Columbus, OH 43205 OCT 1 7 20 TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Rahqib Anderson December 20, 2002 Father 2. A Conciliation Conference was held in this matter on October 17, 2005, with the following individuals in attendance: The Mother, Tunurah A. Hadi, with her counsel Grace D'Alo, Esquire, and the Father, Robert Anderson, by telephone, pro se. 3. The parties agreed to entry of an Order in the form as attached. /o -I 1-0 i Date (Yacqupline M. Verney, Esq-i - Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, No. 2005-5060 Plaintiff V. IN CUSTODY ROBERT ANDERSON, Defendant NOTICE TO PLEAD TO: Tunurah A. Hadi, c/o Grace D'Alo, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Se 9A. Shultz, ) ir-e' - ttorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, Defendant No. 2005-5060 IN CUSTODY PRELIMINARY OBJECTIONS TO JURISDICTION AND VENUE 49% ANDNOW, this 1t day ofNovember,2005, comes Defendant/Petitioner,Robert Anderson, by and through his counsel, Sean M. Shultz, Esquire, and Knight & Associates, P.C. and files the following Preliminary Objections: Defendant/Petitioner is an adult individual currently residing at Apartment 43, 660 Cherry Hill Ct. W., Columbus, Franklin County, Ohio. Plaintiff/Respondent is an adult individual currently residing at 517 Cherry Court, Carlisle, Cumberland County, Pennsylvania. The parties are the natural parents of one (1) child, namely, Rahqib Anderson, born December 20, 2001 4. The child has never lived in Cumberland County, Pennsylvania, and presently resides in the County of Franklin in the State of Ohio. The parties are engaged in divorce litigation, as well as custody and support litigation, in the Court of Common Pleas of Franklin County, Ohio, which Court has entered various Orders relative to the parties' legal matters, including an Order scheduling a hearing for November 1, 2005, which hearing has been continued to November 30, 2005. Attached hereto and incorporated by reference as Exhibit "A" is a copy of the Order of Court from the Court of Common Pleas of Franklin County, Ohio scheduling a hearing for November 1, 2005. 6. There is pending, before the Court of Common Pleas of Franklin, Ohio, an Ex-Parte Motion for Emergency Custody filed by Defendant/petitioner on September 27, 2005, requesting emergency custody of the parties' child. 7. Plaintiff/Respondent filed a Complaint in Custody in the Court of Common Pleas of Cumberland County, Pennsylvania on September 29, 2005, which was not served on Mr. Anderson although the order for a conciliation was served on Mr. Anderson on October 13, 2005. 8. Plaintiff/Respondent's Complaint, on its face, lacks appropriate venue and jurisdiction and illustrates an attempt on the part of Plaintiff/Respondent to forum shop to in some manner supercede the jurisdiction of the Court of Common Pleas of Franklin County, Ohio, which has assumed and retained jurisdiction over the issue of custody in this case, with custody matters presently pending. WHEREFORE, Defendant/Petitioner respectfully requests your Honorable Court to dismiss Plaintiff s Complaint for lack of proper jurisdiction and venue . Attorneys for Defendant/Petitioner Attorney I.D. No. 9U94b 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, Defendant No. 2005-5060 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this l Zlll? day of November, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by first class, United States Mail, postage pre-paid, addressed as follows: Grace E. D'Alo, Esquire 8 Irvine Row Carlisle, Pennsylvania 17013 Attorney for Plaintiff P Semi M. Shultz,,Esquir6 Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant/Petitioner F %,S , FoldedF,_, D..s Gend.c,MSI892-1,, lL.bps ,d Verification I verify that the statements made in the foregoing Preliminary Objections are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant/Petitioner's counsel based upon information provided by Defendant/Petitioner to Defendant/Petitioner's counsel regarding the factual averments contained herein. I understand that false statements herein are made subject to the penalties of IS Pa. C. S. Section 4904, relating to unworn falsification to authorities. F Wser PolderTDocs\Porn¢Litgation\vaificatiouyltfsr .doc Exhibit "A" % IN THE COURT 01 'COMMON PLEAS OF FR& ALIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS 5 7 4 2 7 C! 8 Case No.5C1? ('?? ?(t1? laintiff ??? EG o L i ?C NM?N?Judge V. gv 'Tog V C t?-h TL ° ti ? PSS Magistrate A Defendant. MOTION OF PLAINTIFF/D'EFENDANTparly's Nam ORDERS PURSUANT TO CIVIL RULE 75(N) FOR TEMPORARY ON COMPUTER 19 Plaintiff/Defendant hereby requests the following temporary orders: temporary spousal support in the amount of $ r7 per month; the allocation of parental rights, including designation as the terilRorary residential parent and legal custodian of the minor children}; temporary child suppopn ame-lint of $ n per month ; an allocation of the indebtedness of the parties; reasonabltP&xp6hse mo#iev in the amount of $ D ; and any other equitable temporary relief. ?` n r7 Cuunsel lbr Plaintiff/Defendant Sup;-Ql. Nu. Cz Memorandum Ptaintiff/Defendant has filed affidavits with this motion in support of the requests for relief. NOTICE OF HEARING AND STATUS CONFERENCE You are hereby given notice that this motion for temporar rders shall be heard upon affidavits only, and witho t oral testimony, before Magistratr, - ,'-Tearing Room , at 8:30 a. m. on 373 South High 04- Street, Third Floor, Columbus, Ohio. Counter affidavits may be filed within fourteen days of when you are served with this motion and the supporting affidavits. Pursuant to Local Rule 3, a status conference shall also be conducted by the Magistrate at the time of the temporary orders hearing noted above. All parties and their counsel shall be present for the status conference and shall attempt to reach an amicable settlement of all issues in controversy, and in the event settlement is not possible, to expedite proceedings in the action. Your presence at the status conference may only be excused with advance permission of the Magistrate and notice to the opposing party/attorney. COC-DR-03 A r0pIPP r rp'r' -0 no r? <? ;_-? °, ?, ?T '-iZ r -, 1 ? -'. ? : i .r, ? '' .J r' „? " _ ?-n c;? - ? .. 'i? `_ ? [{ .? efJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, Defendant No. 2005-5060 IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert Anderson, by and through his counsel, Sean M. Shultz, Esquire, and Knight & Associates, P.C., and petitions the Court as follows: 1. Your Defendant/Petitioner is an adult individual currently residing at Apartment #3, 660 Cherry Hill Ct. W., Columbus, Franklin County, Ohio. 2. Your Plaintiff/Respondent is an adult individual currently residing at 517 Cherry Court, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (1) child, namely, Rahqib Anderson, born December 20, 2002. 4. The parties are in the midst of litigation in the Court of Common Pleas of Franklin County, Ohio, which litigation involves divorce of the parties and custody and support relative to the parties' child and which was filed by Mr. Anderson on September 27, 2005. 5. While custody proceedings were pending in Franklin County, Ohio, Plaintiff/Respondent filed a Complaint in Custody in the Court of Common Pleas of Cumberland County, Pennsylvania on September 29, 2005, which was not served on Mr. Anderson although the order for a conciliation was served on Mr. Anderson on October 13, 2005. 6. A Custody Conciliation has been scheduled in the Court of Common Pleas of Cumberland County, Pennsylvania for November 14, 2005, at 9:30 a.m. A copy of the Temporary Order of Court dated October 18, 2005,is attached hereto and incorporated herein by reference as Exhibit "A". 7. A copy of the Order of Court entered September 27, 2005 by the Court of Common Pleas of Franklin County, Ohio relative to custody and support of the parties' child is attached hereto and incorporated herein by reference as Exhibit "B", identifying the fact that the Court of Common Pleas of Franklin County, Ohio has continuing jurisdiction over the issue of custody of the parties' child. 8. Due to Plaintiff/Respondent's filing of her Complaint, it was necessary for Defendant/Petitioner to secure legal counsel and file appropriate Objections to the proceedings initiated by Plaintiff/Respondent in the Court of Common Pleas of Cumberland County, Pennsylvania. 9. Plaintiff/Respondent's conduct is vexatious and dilatory, and done solely in an effort to create additional conflict and cost for Defendant/Petitioner. 10. There is no basis for Plaintiff/Respondent initiating proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania while the custody matters are pending in the State of Ohio. 11. The parties' child has never resided in Cumberland County, Pennsylvania. 12. On September 27, 2005, Defendant/Respondent filed an Ex Parte Motion for Emergency Custody and Affidavit in the Court of Common Pleas of Franklin County, Ohio regarding Plaintiff/Respondent's treatment of the child. A hearing has been scheduled for November 30, 2005, at 9:30 a.m. A copy of the Ex Parte Motion for Emergency Custody and Affidavit is attached hereto and incorporated herein by reference as Exhibit "C" 13. Due to Plaintiff/Respondent's conduct, Defendant/Petitioner is entitled to attorney's fees from Plaintiff/Respondent relative to all actions taken by her counsel in the Court of Common Pleas of Cumberland County, Pennsylvania to address Plaintiff/Respondent's Petition. 14 Preliminary Objections to these proceedings have been filed simultaneously with this Petition for Special Relief. WHEREFORE, Defendant/Petitioner requests your Honorable Court (a) dismiss Plaintiff/Respondent's Complaint in Custody, (b) vacate the October 18, 2005 Order entered in this matter scheduling a Conciliation Conference for November 14, 2005, at 9:30 a.m., (c) order the Plaintiff/Respondent to compensate Defendant/Petitioner for his legal fees associated with this matter in the amount of $600.00, and (d) order such other relief as the Court deems appropriate. Respectfully Submitted: Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, Defendant No. 2005-5060 IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 1Zrr' day of November, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Petition for Special Relief, by first class, United States Mail, postage pre-paid, addressed as follows: Grace E. D'Alo, Esquire 8 Irvine Row Carlisle, Pennsylvania 17013 Attorney for Plaintiff Attorneys for Defendant/Petitioner F Wser poldeffi nDo&Gendou2W5\3092-I pet special rollefwpd Attorney I.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Exhibit "A" L TUNURAII A.. HAM, . IN THE COURT Of COMMON PLEM Of Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, : IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this l ( day of Qom`'"' __, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tunurah A. Had!, and the Father, Robert Anderson, shall have shared legal custody of Rahqib Anderson, born December 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions al•Fecting the Child's general well-bc;ing including, but not limited to, all decisions regarding his health, education and religion. The Father shall have primary physical custody of the child. 3. The Mother shall have the following periods of supervised visitation, Father shall be the supervisor: A. Saturday, October 22, 2005 from 12:00 noon to 2:00 p,m. The parties shall meet at an agreed location in and around the Monroeville Interchange of the Pennsylvania Turnpike. B. Tuesday, November 1, 2005 from 7:30 a.m. to £1:30 a.m. The parties shall meet at an agreed location in Columbus, Ohio. TR'U E In Testitnony and ft seal 4. This Order is entered pursuant to an agreement of the parties at 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. Another Conciliation Conference is scheduled for November 14, 2005 at 9:30 a.m. COPY Mc"''Ada ?'ITCORD whereo4 I here unto set rry hand S.8 1j Pa. OUT 1 C My cc: Grace D'Alo,l;squire, Counsel for Mother Robert Anderson, pro se 492 Linwood Avenue Columbus, OH 43205 . ?zz Tai coU?? t?? ??s?'V CUMBERLAND C,O TUNURA14 Apt?t<?ff CIVIL AC rJcg4 _ LAW 2005-5060 V. : IN CUSTODY gODERT AN pefeenndant PRIOR JODGE: Edward E. Guido, J. CUSTODY CONCILIATION SSUVARY REPORT IN ACCORDANCE WITH CUMBF_kLAND COUNTY RULE OF CIVIL plOCEDORE 1915.3-5, the undersigned Custody Conciliator submits the following report: I , The pertinent information concerning the Child who is the subject Of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Rahgib Anderson December 20, 2002 Father 2. A Conciliation Conference was held in this matter on October 17, 2005, with the following individuals in attendance: The Mother, Tunurah A. Hadi, with her counsel Grace D'Alo, Esquire, and the Father, Robert Anderson, by telephone, pro se. 3. The parties agreed to entry of an Order in the form as attached. Date acq ine M. Verney, 1Custody Conciliator Exhibit "B" IN THE COURT 01 'COMMON PLEAS OF FR,. ;.[OLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS 5 7 4 2 7 C I& P SC t it.SG?2`??rJ Q Case No. ? DR P19 366 plain ntiff % Q M?`J?7udge"^taS V. GN , f Td P a u C 0 ril?rt? P?S\ Magistrate 4 f Defendant MOTION OF PLAINTIFF/DEFENDANT, , FOR TEMPORARY Parry's Name ORDERS PURSUANT TO CIVIL RULE 75(N) ON COMPUTER 19 Plaintiff/Defendant hereby requests the following temporary orders: temporary spousal support in the amount of$ n per month; the allocation of parental rights, including designation as the terrtForary residential parent and legal custodian of the minor child(ren); temporary child suppoiin ? a?i6pnt of x5 rn $ n_ per month ; an allocation of the indebtedness of the parties; reasonabl ex p- a iii6he in the amount of $ D ; and any other equitable temporary relief. C) t rl -' c> ; cuunsel fur PlaiutiffiDd=danr Sup:-Ot. Nu. _„r Memorandum Plaintiff/Defendant has filed affidavits with this motion in support of the requests for relief. NOTICE OF HEARING AND STATUS CONFERENCE You are hereby given notice that this motion for temporarnrders shall be heard upon affidavits only, and witho t oral testimony, before Magistrate Hearing Room ,at8:30a.m.on /J` 373 South High Street, Third Floor, Columbus, Ohio. Counter affidavits may be filed within fourteen days of when you are served with this motion and the supporting affidavits. Pursuant to Local Rule 3, a status conference shall also be conducted by the Magistrate at the time of the temporary orders hearing noted above. All parties and their counsel shall be present for the status conference and shalt attempt to reach an amicable settlement of all issues in controversy, and in the event settlement is not possible, to expedite proceedings in the action. Your presence at the status conference may, only be excused with advance permission of the Magistrate and notice to the opposing party/attorney. COC-nA-o3A f)M BNPMYIfIY`tYY'srcWM 1n Exhibit "C" R l l f 57427C19 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS A tVfft 13RA?CH `y In the matter of: Case No. Child's Name: Rahqib 7amal Anderson Child's Address: 492 Linwood Ave Columbus, Oh 43205 Date of Birth; Dec 20,2002 S.S. # EX PARTE MOTION FOR EMERGENCY CUSTODY ? LN cry -rra - I, ROBERT LEE, ANDERSON IV move the court to grant me emergency custodpof rcgl C !) % Rahqib Jamal Anderson for the following reasons: u ?'tn L;; : ? C7 CfJ O 0) ON COMPUTER 19 /I IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS AND JUVENILE BRANCH In the matter of., Case No. Child's Name: Rahqib 7ama1 Anderson Child's Address: 492 Linwood Ave Columbus, Oh 43205 Date of Birth: Dee 20,2002 S.S.# 217-65-5792 EX PARTE ORDER FOR EMERGENCY CUSTODY I, ROBERT LEE ANDERSON IV move the court to grant me emergency custody of Rahqib 7amal Anderson for the following reasons: C-P rrb4so,? Si,j C, i Affidavit in Support of Motion IN THE COURT OF COMMON PLEAS OF YOUR COUNTY, OHIO 97427C2A Robert L. Anderson Plaintiff,' r Case No. Vs. Tanurah EI-Hadi Defendant, AFFIDAVIT STATE OF OHIO COUNTY OF YOUR, SS: Robert L. Anderson, being first duly cautioned and sworn, deposes and say?as ?7 follows: C) rv -ti -4 1. Mother called for me to come and get him, from a Domestic ViGl neco Shelter. c 2. Child clothes were unclean C/i I C-n 3. Child body was dirty, and had a very foul odor. cx) 4. Child nose was running to where snot had covered the whole upper portion of his lips. 5. Child had a fever, and had no socks on his feet. 6. Child had a bruise on the side of his face. (Mentioned mother had hit him with a toy.) 7. Unresponsive for first 241irs. 8. Child has been trained to use the bathroom, but he was using it on himself. 9. When mother called to check on him he refused to take the phone and h 00 Z r? _n to `i C3 C:) c3,? speak with her. 10. Child's toes were dirty and tarred beneath the toenails. ON ?vVYYII-U 11. Child's hair was filthy, with excessive dirt in it. i9 12. Once child had arrived in Ohio he was suffering from nightmares. 13. Child eats like he's been neglected of food. 14. child was picked up with nothing but tooth bush and tooth paste. 15. Child is living in a unstable lifestyle me this -0,1' Affidavit in Support of Motion IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS AND SUVENILLE, BRANCH Robert L. Anderson Case No. 05DR 09 3698 Plaintiff, c-1 Vs. r- Tanurah El-Hadi Defendant, AFFIDAVIT STATE OF OWO can `' COUNTY OF FRANKLIN: Robert L. Anderson, being first duty cautioned and sworn, deposes and says as follows: 1. The Mother of our son called for me to come and pick up our son from a Domestic violence shelter in York, Pennsylvania on or around August 24, 2005. 2. I arrived in York, Pennsylvania on August 26, 2005 at around 10;30pm. 3. Upon picking up my child, I noticed that his clothes were unclean, his body was dirty, his toes were unclean, tarred beneath the toenails, his hair was filthy, and he had a very foul odor. (Refer to the exhibits attached to this page.) 4. My son had mucous running from his nose and snot had covered the whole upper portion of his lips. 5. My son had a fever and had no socks on his feet. 6. My son also had a bruise on the side of his face; a few days later he mentioned that his mother had hit him with a toy. (Refer to Exhibits attached to this page). 7. Once my son arrived in Ohio on August 27, 2005 he was unresponsive for the first 24 hours and was suffering from nightmares. 8. He has also been trained to use the bathroom; however he was urinating on himself. 9. Upon arrival in Ohio on August 27, 2005 at around 5:00am. I immediately took photos of my son with a digital camera to display his physical conditions at that time. (Refer to exhibits attached to this page). 10. When mother called to check on him on or around August 28, 2005, he refused to take the phone and speak with her. 11. Once in Ohio I noticed my sons eating behavior was as if he had been neglected of daily nutrition. 12. My son was picked up with nothing but a toothbrush and toothpaste. 13. Based on the facts mentioned in this affidavit I believed that my son Rahqib J. Anderson and his mother Tanurah A. El-Nadi were victims of domestic violence and/or some type of abuse. 14.1 believe that Rahqib J. Anderson was a victim of child neglect, emotional abuse, physical abuse, and verbal abuse. 15.1 also believe that my son Rahqib I Anderson was living in an unstable lifestyle in Pennsylvania. 16.1 have attached the photos of his condition at that time (August 27, 2005) they are referred to as the exhibits on the following pages. -j CJl ':?'t-tV r+l IT! C7 c ?: 06?,?-? A?d?-ao? Co)un'1I'JuS. 04 'q3':P05 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS AND JUVENILLE BRANCH Robert L. Anderson 1V Vs. Tannrah El-Nadi Exhibit Case No. 05DR 09 3698 IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS AND JUVENILLE BRANCH Robert L. Anderson XV Vs. Tanurah El-Hadi Exhibit Case No. 05DR 09 3698 F Y ?7 1 C_7 Ln -rl r? ca li u Cl C) "J IN THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY, OLIO DIVISION OF DOMESTIC RELATIONS AND JUVENILLE BRANCH Robert L. Anderson IV Case No. 05DR 09 3698 Vs. r Tanarah El-Hadi Exhibit C Verification I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. This Verification is made by Defendant/Petitioner'scounsel based upon information provided by Defendant/Petitioner to Defendant/Petitioner's counsel regarding the factual averments contained herein. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. F:\User Folder\Fiim Docs\Forms\Litigation\verificaiion-pltfs,r, &c w C ? c P? ,, n O TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. ROBERT ANDERSON, IV : No. 2005-5060 CIvILTERM Defendant IN CUSTODY RESPONSE TO PRELIMINARY OBJECTIONS Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, responds as follows to the Defendant's Preliminary Objections: 1. Admitted. 2. Admitted 3. Admitted 4. Admitted. 5. Denied. The Order attached to Defendant's objections does not reflect an affirmative statement of jurisdiction by the Courtin Columbus, Ohio. Rather the order reflects the assignment of the matter to a magistrate. 6. Denied. 7. Denied. 8. Denied. Plaintiff asserts that the child has not lived continuously in any relevant jurisdiction for six months, and that Defendant only presently has custody by "unclean hand," this Court is not prevented from assuming jurisdiction under any provision of state law or the UCCJEA. WHEREFORE, Petitioner respectfully requests the following: This Court assume jurisdiction under the UCCJEA based on mother's current address, her history of being the child's primary caretaker, Defendant's unwarranted taking of the child, and the inconvenience of litigating custody in any other jurisdiction in which the child or father has had contact. RESPECTFULL SUBMITTED )d?V E. D'ALO dEY I.D. #26146 fN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. ROBERT ANDERSON, W No. 05-5060 CIVIL TERM Defendant IN CUSTODY AND NOW, this 3 day of November, 2005, I, Grace D'Alo, hereby certify that I served Sean Shultz with a copy of the foregoing Response to Preliminary Objections by first class, United States Mail, postage pre-paid, addressed as follows. Sean M. Shultz, Esquire I 1 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 MIDPENN LEGAL SERVICES Grace D'Alo 401E t Louther Carlisle, PA 17013 (717) 243-9400, ext. 17 Attorney for Plaintiff f; ^ ; ; > C ? : - -? Y„' I Ll.?i ? l L+l '? 1 j`?l C, _` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, Defendant No. 2005-5060 IN CUSTODY O,?R,,DE jam! AND NOW, this ?1 day of X30 , 2005, a hearing is scheduled on Defendant's Petition for Special Relief for the ?S day of 1 Ax""-' ` , 2005, at 0 0 o'clock k m. in Courtroom No. of the Cumberland County Courthouse. BY TPIE COURT J. Y? ??J r !` t L12 -li _., TANURAH A. EL HADI, : lNTHE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. No. 2005-5060 CIVILTERM ROBERT ANDERSON, W Defendant IN CUSTODY RESPONSE TO PETITION FOR SPECIAL RELIEF AND NEW MATTER Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, responds as follows to the Defendant's Preliminary Objections: 1. Neither admitted or denied. Defendant's last known address as given to the Plaintiff was 492 Glenwood Ave, Columbus, Ohio, 43205-1417. 2. Admitted 3. Admitted 4. Denied. Up until November 30, the Court of Common Pleas of Franklin County, Ohio, did not assume custody, hold a hearing on the jurisdictional issues, and the parties had not stipulated to jurisdiction in that Court. 5. Denied in part. Custody proceedings were not pending as of September 27, 2005. Defendant filed several papers on September 27, 2005, including a request for an ex-parte order granting him custody which the Franklin County Court did not sign or direct. In addition,: a. Defendant never properly served his filings on the Plaintiff by regular or registered mail. b. Plaintiff was only made aware of the filings on Monday, October 17, 2005, the conciliation scheduled by this Court. c. Defendant had faxed his filings to the conciliator on the Friday October 14, 2005 but that fax did not include any Court order or anything but Defendant's unverified allegation. d. Defendant's fax also did not include any proof of service. 6. Admitted. 7. Denied. 8. Denied. Exhibit B only shows an assignment of the case to a Magistrate. It is not a Court order and does not reflect the Franklin County's court determination that it has custody. 9. Denied. From the inception of this case, Plaintiff has sought to have contact with her child who was wrongfully and deceptively removed from her custody. With no clear basis for jurisdiction in Ohio or Pennsylvania it was reasonable for Plaintiff to proceed as she has. In addition, as more fully explained in New Matter below, counsel for the Defendant could have responded to Plaintiff's offer to concede jurisdiction in Ohio by simply granting her reasonable visitation. 10. Due to Defendant's acts which show his "unclean hands," Mother was deprived of custody of her child and to this date has continuously been denied any reasonable periods of partial custody or visitation. 11. Denied. There is no clear basis for jurisdiction in any Court under the applicable statutes. 12. Admitted. 13. Admitted and by way of further response Plaintiff submits that Defendant's allegations are merely allegations not findings by any tribunal after any process. NEW MATTER 1. Neither the parties nor the child lived continuously in any jurisdiction for six months. In addition, Plaintiff had had continuous primary custody but permitted extended periods of visitation with the Defendant when he sporadically and unpredictably requested it. Because of the parties' life style, no court clearly had jurisdiction. 2. The child has not resided in Franklin County Ohio for six months or with the Defendant continuously for six months. 3. Conciliations were held in Pennsylvania on October 17 and November 14. 4. At the October 17, 2005, the conciliator, Jackie Verney, entered an order giving Defendant primary custody based on his misrepresentations on the phone that the Ohio court had entered an order granting him primary custody. She also instructed Defendant to address the service issues raised by Plaintiff, ordered one hour of visitation in Ohio, and provided for modification of her order based on the proceedings scheduled for November 1, 2005, in Ohio. 5. After the conciliation, counsel for the Plaintiff contacted Columbus Legal Aid Society. 6. Susan Donofrio of Columbus Legal Aid Society confirmed to Plaintiffs counsel that no order regarding custody had been entered by the Franklin County Court. 7. On November 1, 2005, Plaintiff visited with her son for one hour. 8. On November 1, 2005, the Magistrate of the Franklin County Court did not hear any evidence or entertain any discussion regarding custody based on Pennsylvania's order granting Defendant primary custody. 9. On November 14, Defendant informed the conciliator of his intention to file Preliminary Objections and the conciliation was discontinued. 10. There was no clear jurisdiction in this case until November 30, 2005, when Plaintiff agreed to submit to Franklin County Court jurisdiction. 11. On counsel's advice, on November 30, 2005, Plaintiff agreed to submit to the jurisdiction of the Franklin County Court. This decision was made in conjunction with the advice and consultation of the Legal Aid Society of Columbus, Ohio, who advised Plaintiff of the availability of a court sanctioned mediation process that would provide Plaintiff an expedited system for establishing contact with her child who has been wrongfully with held from her. 12. Plaintiff informed her counsel of her formal submission to Franklin County Court's jurisdiction on December 5, 2005. 13. Prior to filing a response to Defendant's Preliminary Objections, in a telephone conference with Defendant's counsel, Plaintiff offered to concede jurisdictional issues and agree to having the case transferred to Ohio if Plaintiff would agree to reasonable visitation with the child. Since Defendant wrongfully failed to return the child to Plaintiff's care and custody, in late August, Defendant has not allowed contact between the Plaintiff and her child, failed to follow this Court's orders regarding visitation, and failed to provide his address and whereabouts to the Plaintiff thus causing the Plaintiff and the child great distress. 14. Defendant's counsel never responded to the offer as described in paragraph 13 above. WHEREFORE, Petitioner respectfully requests the following: 1. In light of Plaintiff's consent Franklin County Court's assumption of jurisdiction, this Court dismiss without prejudice the Plaintiff's Petition for Special Relief and Complaint in Custody. 2. In light of Plaintiff's reasonable attempts to see her child and Defendant's failure to respond to Plaintiff's offers for settlement of the jurisdictional issues, dismiss Defendant's Petition for Special Relief and request for attorney's fees. RESPECTFULL SUBMITTED E. D'ALO ;EY I.D. #26146 IN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 VERIFICATION Counsel for the above-named Plaintiff, Grace E. D'Alo, verifies that the statements made in the attached Response to Petition for special Relief and New matter are true and correct. This verification is made by Plaintiff's counsel basaed upon information provided by the Plaintiff and by Columbus Legal Aid Society. Counsel understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. I?(Date. I2- yb-C)? r ce E. D'Alo TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. ROBERT ANDERSON, W No. 05-5060 CIVB.TERM Defendant IN CUSTODY AND NOW, this sixth 6 day of December, 2005, I, Grace D'Alo, hereby certify that I served Sean Shultz with a copy of the foregoing Response to Petition for Special Relief and New Matter by first class, United States Mail, postage pre-paid, addressed as follows. Sean M. Shultz, Esquire I 1 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 MIDPENN LEGAL SERVICES a e E. D'Alo 40 ast Louther Carlisle, PA 17013 (717) 243-9400, ext. 17 Attorney for Plaintiff ?, :, ,_? -, _? ,. <, TANURAH A. EL HADI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. No. 2005-5060 ClVfLTER,,vi i ROBERT ANDERSON, IV Defendant IN CUSTODY e AMENDED RESPONSE TO PETITION FOR SPECIAL RELIEF AND NEW NIA CI'ER Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, responds as follows to the Defendant's Petition for Special Relief: 1. Neither admitted nor denied. Defendant's last known address as given to the Plaintiff was 492 Glenwood Ave, Columbus, Ohio, 43205-1417. 2. Admitted 3. Admitted 4. Denied. Up until November 30, the Court of Common Pleas of Franklin County, Ohio, did not order or hold a hearing on custody, determine or hold a hearing on the jurisdictional issues. In addition, the parties had not stipulated to jurisdiction in either venue. 5. Denied in part. Custody proceedings were not pending as of September 27, 2005. Defendant filed several papers on September 27, 2005, including a request for an ex-parte order granting him custody which the Franklin County Court did not sign or direct. In addition,: a. Defendant never properly served his filings on the Plaintiff by regular or registered mail. b. Plaintiff was only made aware of the filings on Monday, October 17, 2005, the conciliation scheduled by this Court. c. Defendant had faxed his filings to the conciliator on the Friday October 14, 2005 but that fax did not include any Court order or anything but Defendant's unverified allegations. d. Defendant did not supply the conciliator with any proof of service. e. Defendant spoke with undersigned counsel and said he would appear at the conciliation eventually held on October 17, 2005. 6. Admitted. 7. Denied. S. Denied. Defendant's Exhibit B only shows an assignment of the case to a Magistrate. It is not a custody order and does not reflect the Franklin County's court determination that it had jurisdiction. 9. Denied. From the inception of this case, Plaintiff has sought to have contact with her child who was wrongfully and deceptively removed from her custody. Plaintiff was uncertain of Defendant's residence or his intentions with respect to coming to Pennsylvania. With no clear basis for jurisdiction in Ohio or Pennsylvania it was reasonable for Plaintiff to proceed as she has. In fact, undersigned counsel attempted to get this Court: to confer with the Franklin County Court to determine jurisdiction. (See paragraph 6 of New Matter) In addition, as more fully explained in New Matter below, counsel for the Defendant could have responded to Plaintiff's offer to concede jurisdiction in Ohio by simply granting her reasonable visitation. 10. Due to Defendant's acts which show his "unclean hands," Mother was deprived of custody of her child and to this date has continuously been denied any reasonable periods of partial custody or visitation. 11. Denied. There is no clear basis for jurisdiction in any Court under the applicable statutes. 12. Admitted. 13. Admitted and by way of further response Plaintiff submits that Defendant's allegations are merely allegations, not findings by any tribunal after any process. NEW MATTER 1. Neither the parties nor the child lived continuously in anyjurisdiction for six months. In addition, up until late August of 2005, Plaintiff had continuous primary custody of the child but permitted extended periods of visitation with the Defendant when he sporadically and unpredictably requested it. Because of the parties' lifestyle, no court clearly had jurisdiction. 2. The child has not resided in Franklin County Ohio for six months or with the Defendant continuously for six montl is. 3. Conciliations were held in Pennsylvania, on October 17 and November 14. 4. At the October 17, 2005, the conciliator, Jackie Verney, entered an order giving Defendant primary custody based on Defendant's misrepresentations on the phone that the Ohio court had entered an ex-parte order granting him primary custody. Ms. Verney instructed Defendant to address the service issues raised by Plaintiff, ordered one hour of visitation in Ohio, and provided for modification of her order by scheduling a second conciliation for November 14 at which time she would review the result of the Ohio proceedings scheduled for November 1, 2005. 5. After the October 17, conciliation, counsel for the Plaintiff contacted Columbus Legal Aid Society. 6. Susan Donofrio of Columbus Legal Aid Society confirmed to Plaintiffs counsel that no ex-parte order regarding custody had been entered by the Franklin County Court. a. After a review of the court-filed documents, Ms. Donofrio informed the undersigned that the court did not sign any ex-parte order regarding custody and had sent the case to the Magistrate. In Ohio, Magistrates will take evidence solely by affidavits and file temporary orders for custody. (See attached Exhibit A) b. Upon learning of the lack of an ex-parte order, the undersigned sent a letter to the conciliator requesting that she seek a conference call between the Cumberland County, Pennsylvania, and the Franklin County, Ohio courts to determine jurisdiction. ( See attached Exhibit B) c. The conciliator faxed back a response to the undersigned denying the request. (See Exhibit C) 7. On November 1, 2005, Plaintiff visited with her son for one hour. 8. On November 1, 2005, the Magistrate of the Franklin County Court did not hear any evidence or entertain any discussion regarding custody based Pennsylvania's jurisdiction as evidenced by this Court's order of October 18, 2005 which was based on Ms. Verney's conciliation report, which granted Defendant primary custody. (See Exhibit D) 9. On November 14, Defendant informed the conciliator of his intention to file Preliminary Objections. 10. Based on representations of Defendant's counsel, Ms. Verney discontinued the conciliation proceedings. 11. There was no clear jurisdiction in this case until November 30, 2005, when Plaintiff agreed to submit to Franklin County Court jurisdiction. 12. On counsel's advice, on November 30, 2005, Plaintiff agreed to submit to the jurisdiction of the Franklin County Court. This decision was made in conjunction with the advice and consultation of the Legal Aid Society of Columbus, Ohio, who advised Plaintiff of the availability of a court sanctioned mediation process that would provide Plaintiff an expedited system for establishing contact with her child who has been wrongfully with held from her. 13. Plaintiff informed her counsel of her formal submission to Franklin County Court's jurisdiction on December 5, 2005. 14. Prior to filing a response to Defendant's Preliminary Objections, in a telephone conference with Defendant's counsel, Plaintiff offered to concede jurisdictional issues if the Defendant would agree to reasonable visitation for the Plaintiff with the child. From the time Defendant wrongfully failed to return the child to Plaintiff's care and custody in late August, Defendant has not allowed reasonable contact between the Plaintiff and her child, and failed to provide his address and whereabouts to the Plaintiff thus causing the Plaintiff and the child great distress. 15. Defendant's counsel never responded to the offer as described in paragraph l3 above. WHEREFORE, Petitioner respectfully requests the following: 1. In light of Plaintiff's consent Franklin County Court's assumption of jurisdiction, this Court dismiss without prejudice the Plaintiff s Petition for Special Relief and Complaint in Custody. 2. In light counsel's reasonable actions in pursuing Plaintiffs attempts to regain custody and see her child, and Defendant's failure to respond to Plaintiff s offers for settlement of the jurisdictional issues, dismiss Defendant's Petition for Special Relief and request for attorney's fees. RESPECTFULL SUBMITTED 1 c G CE E. D'ALO ATTORNEY T.D. #26146 MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 ?; `' ? - ,, r . `_; _'rh7 ?" r THE LEGAL AID SOCIETY OF COLUMBUS CELEBES` i It EP EARS 40 WEST GAY STREET OF 4tR I it THE 0. COLUMBUS, OHIO 43215 (614) 224-8374 FAX (614) 224-4514 TELE_COPIER TRANSMITTAL SHEET THIS DOCUMENT IS BEING TELECOPIED TO YOU AND MAY CONTAIN INFORM)M-ION PROTECTED BY ATTORNEY-CLIENT OR WORK PRODUCT PRIVILE(;:S. TO: ATTN:_';?IaAC-4e? f)At DATE: __l ® ZO PHONE: '71')- 0??3 1-400 FAX: --M7-c)43 - ?0 a6 FROM: t>SAN 5 6) 16J n Number of pages including cover sheet :?' L ;V ,q r'% ?7?e rs rLp n n The inform-ition contained in this facsimile message is attorney-client privileged and confidenti:31 information intended only for the use of the individual or entity named above. If :Ihe reader of this message is not the intended recipient, or the employee or agent r .sponsible to deli%er it to the intended recipient, you are hereby notified that any d ssemination, distribution or copying of this communication is strictly prohibited If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. _ 7lit' li r; October 29, 2005 Jackie Verney, Esq. 44 S. Hanover Street Carlisle, PA 17013 MidPenn Lego Services 401 E. Louther Sts rap Carlisle, PA 1'0C ,717-213-91-00 I AX -1?24,3-3026 Tcli-Fi-ae 500-.532-?"?Sil tr???_m!dpen.1 rno RE: El Hadi v. Anderson Docket No. 5060, 2005 Dear Jackie: A conciliation was held in the above captioned matter on Monday, October 17, 2005. When I appeared with my client you presented me with several papers that appeared to be filed with the Court of Common Pleas in Columbus, Ohio. This was the first time I had seen these documents. Upon more careful review of the documents, you will see that there is no Court order granting Mr. Anderson primary physical custody. In addition, there is no proof that he made any attempt to serve my client with these documents. The documents filed appear to be forms either taken off of the intemet or provided to Mr. Anderson by some other means. It appears that the court in Columbus either refused to rule on Mr. Anderson's case or that it denied his petition but Mr. Anderson failed to provide us with that document. There is no clear jurisdiction in any court based on the facts in our Petition for Special Relief. Based on the lack of any court order except Cumberland County's, I am asking that you immediately ask Judge Bayley to confer with the court in Columbus to determine where custody should be litigated. It is our position that since Mr. Anderson essentially kidnapped the child from Ms. El-Hadi, refused to return to child as agreed, and continues to bar Ms. El-Hadi's contact with the child, he is not acting in the child's best interest. Ms. El-H aid, who had always been the primary caretaker, does not even know where her child is currently living. Had she not been acting is the child's best by permitting Mr. Anderson to take the child during the summer, she would not now be facing custody litigation several hundred miles from her home. Since this matter is scheduled for November 1, it is critical that you act immediately. Sincerely yours, 4 1 Grace E. D'Alo Managing Attorney Cc: Tanurah El-Hadi Robert Anderson ,,: EXHIBIT B -- OCT-3?-2©OS '-9:33 JM ( CSO fit V11, k MidPenn Legal Services 41, f 1 ou I, ,times. Cnrii.ly, PA 171113 717-217-410, I'AX 717-247•e1Cn V. w W :I•.Ill ?h'l11t. ()rri EAX TtANSM1TTAL M x' <ks. ? r,Lo . , FAX k: ? I FAX(777);a3-9025 OATF.: N olpages (including cover page): COMMENTS: f/. P.01 -Fht ielornWiolti cvnuioed in this 11cs milt Irnnsmiulon is alwimey Pnvilcgcd and min !denial mid is 1w,=* bWy ror.W -tndfvldwli.oren[ity neme416nvn i! t rc reader Is n.K Uo irltsnJcd recipient, y'ou urc heretry nolilicddwc .. dirirt rrdavercopyinY Orthis cummu ijmnn is smelly pruhihrted. Ilyrm Mve received tors mmmm ?ylegor. Plpye: nutily us by telcphurm, 1m{ ronrm Me 66epi bl mcsp ro us of the nbovc WJress vie 11.5 mud. 1 h"kyim' - LSC EXHIBIT C TOTAL P.Oi1 C04z-HJP7j IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS AND JUVENILE BRANCH Plaintiff"Pet itioner Case Number Defendant l Petitioner Judge Magistrate MOTION FOR CONTINUANCE On , 20'- ' " requests a continuance of the hearing set for 70_ for the following reason(s). 1 ( ) Engaged Counsel (verification attached)(H006) 2 ( 1 Witness / Party Unavailable(H007) 3 ( ) Illness(H008) 4 ( ) Vacation (1009) 5 ( ) To Obtain Additional Information H012) 6, ( ) To Obtain COUnsel(H015) ? (, rp Other -(H01b) Date complaint/petition/motion filed Number of previous continuances Plaintiff/Petitioner Defendant/Respondent ALtorney for Plain tiff/Peti tioner Sup. Ct. No. Attorney for Defendant/Respondent Sup. Ct. No. Prosecuting Attorney/CSEA Sup. Ct. No. Guardian Ad Litem ENTRY / MAGISTRATE'S ORDER Decision Prior to Hearing ( i~}-'Decision atTime of Hearing It is therefore ORDERED: Sup. Ct. No. The Court, being fully advised in the premises, and for good cause shown hereby continues the within action, including the order(s) to appear and show cause, if any, to a date and time certain, 71 at .M-, 373 South High Sheet/ i 399-South -Fragt.StreQt, in Courtroom Columbus, Ohio ( )-T-he rriofion orcontmuanc'c7s overruled. (J224) - INSTRUCTIONS TO ASSIGNMENT Schedule hearing within days. EXHIBIT D J-220 (Rev. 7-2004) - Schedule hearing on next available date. - Hearing Type Code '? VERIFICATION Counsel for the above-named Plaintiff, Tunurah A. E1 Hadi, verifies that the statements made in the attached Response to Petition for Special Relief and New matter are true and correct. This verification is made by Plaintiff's counsel based upon information provided by the Plaintiff and by Columbus Legal Aid Society. Counsel understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: w C ii I ( Grace E. D'Alo TANURAH A. EL HADI, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA vs. ROBERT ANDERSON, N No. 05- 5060 CIVIL TFRNI Defendant IN CUSTODY Affidavit of Service lj\ AND NOW, this day of December, 2005, I, Grace D'Alo, hereby certify that I served Sean Shultz with a copy of the foregoing Response to Petition for Special Relief and New Matter by first class, United States Mail, postage pre-paid, addressed as follows. Sean M. Shultz, Esquire 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 MIDPENN LEGAL SERVICES Gran E. D'Alo 401 ast Louther Carlisle, PA 17013 (717) 243-9400, ext. 17 Attorney for Plaintiff r , . _. ,. ? ???-f ' i I { ? 7 TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Vs. ROBERT ANDERSON, IV No. 05- 5060 CIVIL TERM Defendant IN CUSTODY Affidavit of Service V\ AND NOW, this day of December, 2005, I, Grace D'Alo, hereby certify that I served Sean Shultz with a copy of the foregoing Response to Petition for Special Relief and New Matter by first class, United States Mail, postage pre-paid, addressed as follows. Sean M. Shultz, Esquire I I Roadway Drive, Suite B Carlisle, Pennsylvania 17013 MIDPENN LEGAL SERVICES Gra E. D'Alo 401 ast Louther Carlisle, PA 17013 (717) 243-9400, ext. 17 Attorney for Plaintiff `` __, DEC 1 2 2005 n, TUNURAH HADI, : IN THE COURT OF COMMON PLEAS OFT Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5060 CIVIL TERM ROBERT ANDERSON, : CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this 12`h day of December, 2005, the Conciliator being notified that the parties have signed a stipulation regarding jurisdiction of this matter in Ohio, the conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, Jac eline M. Verney, Esquire, Cu tody Conciliator DEC 1 2 2005 T ANURALI A. EL HADI, : IN THE COURT OF CONLMON PLEAS OF hJ Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. ROBERT ANDERSON, IV No. 05-5060 CIVILTERM Defendant . IN CUSTODY ORDER OF COURT ,00.5 AND NOW, this day of upon consideration of all the Petitions and Complaints filed in the above-captioned matter, and in light of Plaintiff s consent to jurisdiction in Franklin County Ohio, this matter is dismissed without prejudice to any of the parties. J. Ckace E. D'Alo ''%lidPenn Legal Services 3 Irvine Row Carlisle, PA 17013 I J v TANURAH ANISSA EL-HADI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION ROBERT L ANDERSON, IV Defendant : IN CUSTODY PETITION FOR ISSUANCE OF A RULE TO SHOW CAUSE AND NOW, comes Petitioner Tanurah El-Hadi, through counsel MidPenn Legal Services, seeking this Court to issue a Rule to Show Cause why the jurisdiction in the above- captioned matter should not be returned to Cumberland County from Franklin County, Ohio. The Petitioner avers the following: 1. Plaintiff is a single individual living at 517 Cherry Ct., Carlisle, Cumberland County, PA, 17013, with her son Rahqib Jamal Anderson, d.o.b. 12/20/2002. 2. Defendant currently resides at 328 S. Napoleon, Apt. C, Columbus, OH, 43213. 3. Plaintiff and Defendant were married on May 6, 2002, and divorced on December 8, 2006. 4. There was one child born of this marriage, Rahqib Anderson, born December 20, 2002. 5. On September 27, 2005, Plaintff (hereinafter "Mother") filed a petition for special relief and a complaint in custody which are incorporated herein by reference. 6. As stated in the document filed by Mother described in paragraph 5 above: a) Up until September of 2006, Rahqib Anderson had not lived continuously for six months in any single jurisdiction. b) Mother had been Rahgib's primary caretaker up to August of 2005 when Defendant took Rahqib from Mother's custody, unlawfully withheld Rahgib's location from his mother, and did not allow contact between Rahqib and his mother. c) Since September of 2006, Rahqib has resided continuously with his mother in Cumberland County at the address given above in paragraph 1. 7. On October 3, 2005, this Court sent the case to conciliation. (Attachment A) 8. Temporary custody was given to Mother by order of this Court on October 18, 2005 (Attachment B) and another conciliation was scheduled for November 14, 2005. 9. Through his attorney, Sean Shultz, Defendant entered preliminary objections to jurisdiction and a petition for special relief on November 12, 2005. 10. There was no clear appropriate jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (hereinafter "UCCJEA"), but as long as Mother resisted the Ohio court proceedings, Defendant kept Rahqib out of her presence and refused all contact. 11. In order to expedite a custody hearing and to see her son, Mother submitted to the jurisdiction of the Ohio Court of Common Pleas, Franklin County, Division of Domestic Relations. 12. On December 14, 2005, this Court dismissed all matters relating to above referenced docket number without prejudice. (Attachment C) 13. On September 30, 2006, Mother picked up Defendant after receiving a call from him at 3:00 a.m. asking that Mother allow him to stay with her. 14. During this visit, Defendant made it known that he intended to cease efforts to seek custody of Rahqib in the divorce decree matter pending before the Franklin County Court of Common Pleas. 15. Since September 28, 2006, Rahqib has at all times lived with his mother in Pennsylvania. 16. On December 8, 2006, the Franklin County Court of Common Pleas granted the parties a divorce and also gave Mother primary custody of Rahqib. A copy of said order is attached. (Attachment D) 17. It is averred by Mother that Defendant visited Rahqib in October of 2006, in December for winter break, and in January of 2007. 13. During the January visitation Defendant did not return Rahqib to Mother until four days after he was required to do so under a shared parenting plan that was part of the Franklin County Court's proceeding in Ohio. 14. During the last weekend in March Mother agreed to meet Defendant at the Monroeville Mall food court to allow Defendant visitation; however, Defendant never arrived at the location. 15. Mother believes, and therefore avers, that continued jurisdiction of the Franklin County Court of Common Pleas in Ohio is inconvenient pursuant to the Ohio Revised Code § 3127.21 and that jurisdiction of the Pennsylvania courts is more convenient. 16. Mother avers, in addition, that as Rahqib has not lived in Ohio for the six months immediately preceding the commencement of this action, nor for any period of six months during his lifetime, Ohio cannot be considered Rahgib's "home state." 17. Plaintiff also avers that, as Rahqib has lived in Pennsylvania for eight months prior to the commencement of this proceeding, Pennsylvania is the "home state" of Rahqib and thus has jurisdiction to make an initial child custody determination according to the UCCJEA of Pennsylvania. 18. Should the Franklin County Court of Common Pleas in Ohio determine that it no longer has exclusive and continuing jurisdiction or that a Pennsylvania court would be a more convenient forum, it is proper for this Court to confer jurisdiction in this matter. 19. Mother also avers that Defendant has not exercised his visitation to the fullest extent possible, although after Defendant's few visits with his son Mother has noticed an increased aggressive behavior in Rahqib. 20. In light of these circumstances, and considering the following, it is averred that Mother and Rahqib have a significant connection with Pennsylvania such that Pennsylvania jurisdiction is proper: a) Mother is currently employed full-time in Pennsylvania. b) Mother intends to remain domiciled in Pennsylvania. c) Rahqib has extended family living in Pennsylvania. d) Rahqib currently receives counseling and health care services in Pennsylvania. e) Rahqib is currently enrolled in school and daycare in Pennsylvania. f) Mother has lived in Pennsylvania for over a year and a half, and Rahqib has lived with his mother in Pennsylvania for eight months. WHEREFORE, Plaintiff prays that this Court issue a Rule to Show Cause why the jurisdiction in this matter should not be returned to Cumberland County from Franklin County, Ohio. Date: May 30, 2007 MIDPENN LEGAL SERVICES By: Gr D'Alo 40 st Louther Street Car ' e, PA 17013 (717) 243-9400, ext. 17 Supreme Court ID # 26146 Attorney for Plaintiff VERIFICATION The above-named Plaintiff, Tunurah A. E1 Hadi, verifies that the statements made in the attached Petition for Issuance of A Rule to show cause 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: z4a,!?In,7 &I ?' Et Tanurah A. E1 Hadi TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 IN CUSTODY CIVIL ACTION AFFIDAVIT OF SERVICE AND NOW, on the thirtieth (30) day of May, 2007, I, Grace D'Alo, hereby certify that I am counsel for Plaintiff and have served the defendant and counsel for the defendant with a copy of the Petition for Issuance of a Rule to Show Cause by regular mail and by registered mail, return receipt requested, at the following addresses: Robert Anderson 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timonth D. Gerrity, Esq. 400 S. 5th St., Ste. 302 Columbus, Ohio 43215 MIDPENN LEGAL SERVICES V t` 9 G ace E. D' Alo East Louther Street Carlisle, PA 17013 (717) 243-9400, ext. 17 Attorney for Plaintiff TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant PRAECIPE To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL ACTION TRANSFER OF JURISDICTION TO PROCEED IN FORMA PAUPERIS Kindly allow, Tanurah A. El-Hadi, Plaintiff, to proceed in forma au ris. I, Grace E. D' Alo, 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. MIDPENN LEGAL SERVICES J- - By: ace D' Alo 4 E. Louther Street Carlisle, PA 17013 (717) 243-9400, ext. 17 Supreme Court ID # 26146 Attorney for Plaintiff TUNURAH A. HADI IN THE. COURT OF COMMON- 'LEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V" 05-5060 CIVIL ACTION -LAW ROBERT ANDERSON DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 04, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 13, 2005 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/ acqueline M. Verney, 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 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 \ TRUE COPY FROM FF '?Ro 10 Testimony whereof, I here t riy hand and the seal of said Court at Pa. ATTACHMENT A This .....4'.......... day of ,........... ...... Frothonotarv f ti TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IN CUSTODY Defendant TEMPORARY ORDER OF COURT AND NOW, this 1 o day of 0 C;u^r 2005,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Tunurah A. Hadi, and the Father, Robert Anderson, shall have shared legal custody of Rahqib Anderson, born December 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding his health, education and religion. 2. The Father shall have primary physical custody of the child. 3. The Mother shall have the following periods of supervised visitation, Father shall be the supervisor: A. Saturday, October 22, 2005 from 12:00 noon to 2:00 p.m. The parties shall meet at an agreed location in and around the Monroeville Interchange of the Pennsylvania Turnpike. B. Tuesday, November 1, 2005 from 7:30 a.m. to 8:30 a.m. The parties shall meet at an agreed location in Columbus, Ohio. 4. This Order is entered pursuant to an agreement of the parties at 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. Another Conciliation Conference is scheduled for November 14, 2005 at 9:30 a.m. J. ATTACHMENT B OCT 17 200Y .D i cc: Grace D'Alo, Esquire, Counsel for Mother Robert Anderson, pro se 492 Linwood Avenue Columbus, OH 43205 ( w OCT 1 7 20 TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IN CUSTODY Defendant PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Rahqib Anderson December 20, 2002 Father 2. A Conciliation Conference was held in this matter on October 17, 2005, with the following individuals in attendance: The Mother, Tunurah A. Hadi, with her counsel Grace D'Alo, Esquire, and the Father, Robert Anderson, by telephone, pro se. 3. The parties agreed to entry of an Order in the form as attached. Date acq ine M. Verney, Esquire Custody Conciliator ?. Y v. v TANUR.AH A: EL HAD I, Plaintiff vs. ROBERT ANDERSON, IV Defendant DEC 1 2 2005 IN THE COURT OF CON&ION PLEAS OF ? CLmBERLAND COUNTY PENrNSYLVANLa NO. 05- 5060 CivIL TERM : IN CUSTODY ORDER OF COURT NOW, ?I .boos AND this day of , upon consideration of all the Petitions and Complaints filed in the above-captioned matter, and in light of Plaintiff s consent to jurisdiction in Franklin County Ohio, this matter is dismissed without prejudice to any of the parties. J. Grace E. D'Alo MidPenn Leaal Services s Irvine Row Carlisle, PA 17013 ATTACHMENT C C IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS ROBERT L. ANDERSON, IV, Plaintiff, Case No. 05-DR-09-3698 -vs- : Judge Lias TANURAH EL HADI, Magistrate Zand Defendant. AGREED JUDGMENT ENTRY DECREE OF DIVORCE This case came on for hearing upon assignment. The Court finds that the Defendant was served with a copy of the Complaint herein, and that the Plaintiff was served with a copy of the Answer and Counterclaim. The Court after hearing the testimony of the parties finds that they have reached an agreement on all issues and finds said agreement reached by the parties to be fair and equitable. The parties waived notice of hearing and any time requirements and requested permission to proceed on the Complaint and Counterclaim on an agreed basis. The Court further finds that the parties were present in court with Defendant represented by counsel and Defendant proceedings pro se. The Court finds it has jurisdiction of the parties and subject matter. The Court further finds that the Plaintiff, at the time of the filing of his Complaint was a resident of the State of Ohio for six (6) months last preceding the same, and was at that time a bona fide residents of Franklin County, Ohio, having resided in Franklin County for more than ninety (90) days immediately preceding the filing of his Complaint. The Defendant, at the time of the filing of her Answer and Counterclaim, was and continues to be a resident of the State of Pennsylvania. The Court further finds that the parties were married on May 6, 2002 in ATTACHMENT D Arlington, Virginia and that one (1) child has been born as issue of said marriage, namely Rahqib Jamal Anderson, on December 20, 2002. It is therefore ORDERED, ADJUDGED AND DECREED that the marriage contract heretofore existing between the said Plaintiff and Defendant be, and the same hereby is, terminated and both parties are released from the obligations of the same. The parties each admit they are incompatible and the Court hereby grants a divorce to both parties on the ground that they are incompatible. Coming to all matters involving division of property of the parties hereto, spousal support and all other matters incidental thereto, the Court finds that the parties have reached an agreement regarding these matters, finds said agreement to be fair and equitable. IT IS FURTHER AGREED, and therefore ORDERED, ADJUDGED AND DECREED as follows: I. PARENTAL RIGHTS AND RESPONSIBILITIES: The Defendant is hereby designated residential parent and legal custodian of the minor child of the parties: Rahqib Jamal Anderson, d.o.b. 12/20/2002. The Plaintiff is granted parenting time pursuant to Local Model Rule 27 for parties residing more than ninety (90) miles apart a copy of which is attached hereto and made part hereof. It is further ORDERED that the parties shall exchange the child at the Monroeville Mall in the State of Pennsylvania food court unless otherwise agreed to by the parties, a. CHILD SUPPORT: This Court finds that it does not have jurisdiction over child support and that the New York courts have already established child support in the family court of the State of New York, County of Kings, Brooklyn, New York 11201 in Case Number 45831. -2- b. GUARDIAN AD LITEM FEES: It is hereby ORDERED that unpaid Guardian ad Litem fees shall be paid in equal amounts by each party within thirty (30) days after the final billing of same. It is further ORDERED that Guardian ad Litem fees are in the nature of child support and shall not be dischargeable in bankruptcy. c. MEDICAL INSURANCE: It is ORDERED that the Defendant shall maintain medical insurance for the minor child of the parties and that all uninsured ordinary and extraordinary health related expenses not otherwise covered by insurance shall be paid fifty percent by the Plaintiff and fifty percent by the Defendant. It is further ORDERED that insurance reimbursement entitlement shall go to the parry that pays. II. SPOUSAL SUPPORT: It is ORDERED that neither party shall pay spousal support one to the other and that the Court shall not retain jurisdiction. III. DURATION OF THE MARRIAGE: The Court finds and it is therefore ORDERED that marriage duration commenced on May 6, 2002 and ended on December 85 2006. IV. PROPERTY DIVISION ALLOCATION: It is ORDERED that the Defendant shall retain all right, title and interest in her 1998 Mercury Mystique automobile, free from any claims of the Plaintiff. It is further ORDERED that all household goods and . furnishings have been previously divided to the mutual satisfaction of the parties. It is further found and therefore ORDERED that there exists no joint debts, marital or i separate, and that each party shall pay any outstanding indebtedness in their respective names. It is further ORDERED that each party shall save the other -3- harmless on all previously filed joint tax returns for all additional tax, interest and penalty resulting from their individual acts. V. COURT COSTS: It is agreed that all unpaid Court costs shall be paid fifty percent by each of the parties. VI. WAIVER: Plaintiff and Defendant each agree that the property division set forth herein is equitable, and waive their rights to written findings of fact as otherwise ? required pursuant to Ohio Revised Code Section 3105.171(B) and (G) pertaining to the evaluation of each item of property for purposes of equitable distribution of the same. The parties further knowingly and voluntarily waive a determination as to whether said property, or any part thereof, is separate or marital property as said terms are defined in Ohio Revised Code Section 3105.171(A). The parties agree that the distribution of property in this Agreed Judgment Entry / Decree of Divorce, while if not precisely equal, is in fact equitable and in accord with their agreement. VII. PERFORMANCE OF NECESSARY ACTS - Each party shall execute any and all deeds, mortgages, promissory notes, titles, bills of sale, endorsements, forms, conveyances or other documents, and perform any act which may be required or necessary to carry out and effectoate any and all of the purposes and provisions herein set forth. Upon the failure of either party to execute and deliver any such deed, mortgage, promissory note, title, bills of sale, endorsement, form, conveyance or other document to the other party within fourteen (14) calendar days of the effective date of this agreement, this agreement shall constitute and operate as such properly executed document. The County Auditor, County Recorder and any and all other public and private officials are authorized and directed to accept this agreement or a -4 properly certified copy hereof in lieu of the document regularly required for the conveyance or transfer. VIII. RELEASE AND DISCHARGE - Except as otherwise provided in this Decree, the parties agree that all matters arising out of their marital relationship are fully and completely adjusted and settled, and each of the parties does hereby release and forever discharge the other, their estate, heirs, executors and administrators from all claims, demands, damages, actions and causes of action whatsoever reserving only those set forth in this Decree. IX. RELEASE OF RESTRAINING ORDERS - All Restraining Orders previously issued be, and the same hereby are, dismissed. A certified copy of the within Judgment Entry may be given to any person, institution or organization as verification of the dismissal of all Restraining Orders. X. DISCLOSURES - Each of the parties and their counsel hereby acknowledge by signing this document that a full and complete disclosure of all assets and liabilities of the parties in which they have any interest whether said asset is titled in their individual name, jointly, or in any other manner, has been made to each other and to the Court. XI. INADVERTENT OMISSION - In the unlikely event of an inadvertent omission from this judgment of some word, item or clause that had been previously agreed to by the parties or an omission of some word, item or clause that, by its very nature, reasonably belongs in this judgment,, the missing clause may be inserted into the original judgment and become a part of it as though entered in the first instance, upon proper showing of the facts warranting this action. l -5- X1I. EFFECTIVE DATE - The effective date of the within order is December 8, 2006. APPROVED: By: .? Robert L. Anderson pi-rd Le-- Plaintiff Timothy D. Gerrify 022`06 Attorney for Plain$ff 400 S. 5th St., Ste. 02 Columbus, Ohio 43215 (614) 224-8824 JU 0 Tanurah El Hadi,iomw ? Z Wew Defendant , By: 'i / /9.6 1't4 d" ?*6aA Angel Albert Brown 400040524 Guardian ad Litem 536 S. High Street Columbus, Ohio 43215 (614) 221-6800 PRACEIPE: TO THE CLERK OF COURTS Pursuant to Civil Rule 58(B), you are hereby instructed to serve upon all parties not in default for failure to appear, notice of the judgment and its date of entry upon the journal. -6- The following notices shall issue: I. RELOCATION NOTICE: Pursuant to Ohio Revised Code Section 3109.051 (G). the parties hereto are hereby notified as follows: IF THE RESIDENTIAL PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN THE PARENTING TIME ORDER OR DECREE OF THE COURT, THE RESIDENTIAL PARENT SHALL FILE A NOTICE OF INTENT TO RELOCATE WITH THIS COURT, ADDRESSED TO THE ATTENTION OF THE RELOCATION OFFICER. UNLESS OTHERWISE ORDERED PURSUANT TO O.R.C. SECTIONS 3109.051(G) AND (4) A COPY OF SUCH NOTICE SHALL BE MAILED BY THE COURT TO THE PARENT WHO IS NOT THE RESIDENTIAL PARENT. UPON RECEIPT OF THE NOTICE, THE COURT, ON ITS OWN MOTION OR THE MOTION OF EITHER PARTY, MAY SCHEDULE A HEARING WITH NOTICE TO BOTH PARTIES TO DETERMINE WHETHER IT IS IN THE BEST INTEREST OF THE CHILD TO REVISE THE PARENTING TIME SCHEDULE. II. RECORDS ACCESS NOTICE: Pursuant to Ohio Revised Code Sections 3109.051(H) and 3319.321 (B)(5)(a) the parties are hereby notified as follows: EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTIONS 3125.16 AND 3319.321(F), THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY RECORD THAT IS RELATED TO THE CHILD, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, AND TO WHICH SAID RESIDENTIAL PARENT IS LEGALLY PROVIDED ACCESS. ANY KEEPER OF A RECORD WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT. III. DAY CARE CENTER ACCESS NOTICE: Pursuant to Ohio Revised Code Section 3109.051(I), the parties hereto are hereby notified as follows: EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND IN ACCORDANCE WITH O.R.C. SECTION 5104.011, THE PARENT WHO IS NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS TO ANY DAY CARE CENTER THAT IS OR WILL BE ATTENDED BY THE CHILD WITH WHOM PARENTING TIME IS GRANTED, TO THE SAME EXTENT THAT THE RESIDENTIAL PARENT IS GRANTED ACCESS TO THE CENTER. IV. SCHOOL ACTIVITIES NOTICE: Pursuant to Ohio Revised Code Section 3109.051(J), the parties hereto are hereby notified as follows: EXCEPTING AS SPECIFICALLY MODIFIED OR OTHERWISE LIMITED BY COURT ORDER, AND SUBJECT TO O.R.C. SECTION 3319.321(F), THE PARENT WHO 1S NOT THE RESIDENTIAL PARENT, IS ENTITLED TO ACCESS, UNDER THE SAME TERMS AND CONDITIONS AS THE RESIDENTIAL PARENT, TO ANY STUDENT ACTIVITY THAT IS RELATED TO THE CHILD AND TO WHICH THE RESIDENTIAL PARENT OF THE CHILD LEGALLY IS PROVIDED ACCESS. ANY SCHOOL EMPLOYEE OR OFFICIAL WHO KNOWINGLY FAILS TO COMPLY WITH THIS ORDER IS IN CONTEMPT OF COURT. EACH PARTY TO THIS SUPPORT ORDER MUST NOTIFY THE OHIO CHILD SUPPORT PROCESSING CENTER (O.C.S.P.C.), P. O. BOX 182394, COLUMBUS, OHIO 43218-2394 IN WRITING OF HIS OR HER CURRENT MAILING ADDRESS, CURRENT RESIDENCE ADDRESS, CURRENT RESIDENCE TELEPHONE NUMBER, CURRENT DRIVER'S LICENSE NUMBER, AND OF ANY CHANGES IN THAT INFORMATION. EACH PARTY MUST NOTIFY THE AGENCY OF ALL CHANGES UNTIL FURTHER NOTICE FROM THE COURT OR AGENCY, WHICHEVER ISSUED THE SUPPORT ORDER. IF YOU ARE THE OBLIGOR UNDER A CHILD SUPPORT ORDER AND YOU FAIL TO MAKE THE REQUIRED NOTIFICATIONS, YOU MAY BE FINED UP TO $50 FOR A FIRST OFFENSE, $100 FOR A SECOND OFFENSE, AND $500 FOR EACH SUBSEQUENT OFFENSE. IF YOU ARE AN OBLIGOR OR OBLIGEE UNDER ANY SUPPORT ORDER ISSUED BY A COURT AND YOU WILLFULLY FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY BE FOUND IN CONTEMPT OF COURT AND BE SUBJECTED TO FINES UP TO $1,000 AND IMPRISONMENT FOR NOT MORE THAN 90 DAYS. IF YOU ARE AN OBLIGOR AND YOU FAIL TO GIVE THE REQUIRED NOTICES, YOU MAY NOT RECEIVE NOTICE OF THE FOLLOWING ENFORCEMENT ACTIONS AGAINST YOU: IMPOSITION OF LIENS AGAINST YOUR PROPERTY; LOSS OF YOUR PROFESSIONAL OR OCCUPATIONAL LICENSE, DRIVER'S LICENSE, OR RECREATIONAL LICENSE; WITHHOLDING FROM YOUR INCOME; ACCESS RESTRICTION AND DEDUCTION FROM YOUR ACCOUNTS IN FINANCIAL INSTITUTIONS; AND ANY OTHER ACTION PERMITTED BY LAW TO OBTAIN MONEY FROM YOU TO SATISFY YOUR SUPPORT OBLIGATION. The residential parent or the person who otherwise has custody of a child for whom a support order is issued is also ordered to immediately notify, and the obligor under a support order may notify, the Ohio Child Support Processing Central, P. O. Box 182394, Columbus, Ohio 43218-2394 of any reason for which the support order should terminate, including but not limited to, the child's attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis and the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age; the child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority, if the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age; or the death, marriage, emancipation, enlistment in the armed services, deportation, or change of legal custody of the child. All support under this order shall be withheld or deducted from the income or assets of the obligor pursuant to a withholding or deduction notice or appropriate order issued in accordance with chapters 3119., 3121., 3123., and 3125. Of the Revised Code or a withdrawal directive issued pursuant to sections 3123.24 to 3123.38 of the Revised Code and shall be forwarded to the obligee in accordance with chapters 3119.,3121., and 3125. of the Revised Code. Regardless of the frequency or amount of support payments to be made under the order, the Ohio Child Support Processing Center shall administer it on a monthly basis in accordance with sections 3121.51 to 3121.54 of the Revised Code. Payments under the order are to be made in a manner ordered by the court or agency, and if the payments are to be made other than on a monthly basis, the required monthly administration by the agency does not affect the frequency or the amount of the support payments to be made under the order. LOCAL DOMESTIC COURT RULE 27 / LOCAL JUVENILE COURT RULE 22 MODEL PARENTING TIME SCHEDULE FRANKLIN COUNTY COMMON PLEAS COURT DOMESTIC AND JUVENILE DIVISIONS FOR PARENTS TRAVELING UNDER 90 MILES ONE WAY: This schedule is merely a guideline for parenting time. It is the parties' responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order. Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule. Changes or modifications can be made by the Court if need for such is shown. This schedule does not affect support payments. Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding. Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities. PARENTING TIME BETWEEN THE CHILDREN AND THE NON-RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE, BUT WILL NOT BE LESS THAN: 1. Weekends: Alternate weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. This alternating weekend schedule shall not change, even when interrupted by holiday and birthday, summer and/or vacation parenting time. (See Section 5a below) 2. Wegkdvs One weekday evening per week from 5.00 p.m. to 8:00 p.m. which shall be Wednesday unless otherwise agreed and designated herein as 3. Extracurricular Activities: Regardless of where the children are living, their participation in existing and renewed extracurricular activities, school related or otherwise, shall continue uninterrupted. The parent with whom they are residing at the time of the activity shall provide the transportation to these activities. Notice of all extracurricular activities, school related, or otherwise, in which the children participate, schedules of all extracurricular activities (handwritten, if no formal schedule is provided by the activity) and the name of the activity leader (including address and telephone number if reasonably available) shall be exchanged between the parents. 4. Ere-School Age: Unless otherwise agreed, pre-school age children follow the same schedule of school age children in the school district where they live regardless of whether or not other school age children live in the family. Frequent contact with both parents each week is recommended for very young children. 5. Holidays (includes birthdays): In odd-numbered years, Mother has Spring Break, Memorial Day, Labor Day, and the first half of Winter Break. In odd-numbered years, Father has Martin Luther King's Day, Fourth of July, Thanksgiving, and the second half of Winter Break. In the even-numbered years, the schedules are reversed. a. In the event of a conflict between regular parenting time and holiday parenting time, holiday parenting time prevails. The alternating weekend parenting time schedule continues, however, as if the holiday had not intervened. This means that one parent may have the children three weekends in a row. This process: equalizes itself over the course of time for each parent. For any holiday falling on a Monday or Friday, if the weekend immediately preceding or following the holiday parenting time is spent with the same parent, there is no need for that parent to return the children that evening and then pick them up the next morning. For a holiday falling on a Friday, parenting time commences Friday a.m. and continues to Sunday evening; or for a holiday falling on a Monday, parenting time commences Friday evening and continues to Monday evening. b. Mother's Day and Father's Day and, the arR ent's birthdays only when they fall on a Saturday, Sunday, or holiday, are to be spent with the appropriate parent. These are as agreed or 10:00 a.m. to 7:00 p.m. These do not have to be made up. c. Other days of special meaning, such as Religious Holidays, etc., (i.e., New Year's Eve and Day, Kwanzaa, Passover, Easter, Rosh Hashanah, Christmas Eve, Christmas Day) should be decided together, as follows: / r d. Hours for parents who can not agree are as follows: Martin Luther King Day (9:00 a.m. to 7:00 p.m.); Spring Break (6:00 p.m. on the day school is out to 7:00 p.m. the day before school recommences); Memorial Day and Labor Day (6:00 p.m. Friday to 6:00 p.m. Monday); July 4th (9:00 a.m. to 9:00 a.m. the next day); Thanksgiving (6:00 p.m. Wednesday to 6:00 p.m. Sunday); Winter Break (first half commences at 6:00 p.m. the last day of school before Winter Break begins, until December 25 at 1:00 p:m.; second half commences at 1:00 p.m. December 25 until 6:00 p.m. the day before school recommences). J-394 (Rev. 7/04) e. 48-hour notice should be given by the parent with whom the holiday is being spent for any arrangements for out of town travel on the holidays or of a change in pick-up/return times. f. The children's birthdays should be alternated per child, between the parents and on an annual basis. In the event of conflict, birthday parenting time shall prevail over holiday parenting time. If the parents are unable to agree, Mother shall have the children on their birthdays in odd numbered years, and Father shall have the children on their birthdays in even numbered years. Hours for parents who cannot agree are 4:00 p.m. to 8:00 p.m. Brothers and sisters attend the birthday event. These do not have to be made up. 6. Summer: In odd numbered years, Mother shall have parenting time with the children the first half of the summer, and Father shall have parenting time with the children the second half of summer. This schedule reverses in even numbered years. The summer school vacation commences the day after the children are out of school and continues until seven (7) days before school begins. Each parent's time is calculated by taking the number of intervening weeks (full and/or partial) and dividing in half. Weekday and alternating weekend parenting time shall be exercised by the parent who is not exercising his/her half of the summer. 7. Vacations: Each parent may arrange an uninterrupted vacation of not more than two (2) weeks with the children. Each parent shall schedule this vacation during his/her half of the summer. A general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses, and telephone numbers. Holiday and birthday celebrations with either parent shall not be missed, requiring scheduling of the vacation around these events or that the missed occasion be made up. Alternate weekend parenting time with the other parent is missed during vacation, and there is no requirement that it be made up. 8. Telephone Access: a. Children can call either parent as often as they wish, at reasonable times, so long as the call is collect, if it is a long distance call. b. In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three times per week for not less than 15 minutes per call. c. Possessory parent shall not interfere with or stop the telephone communication. 9. Transportation: The parties shall divide the transportation equally. The parent who is exercising parenting time shall pick up the children. Unless otherwise ordered by the court or agreed by the parents, drop off/pick up shall be at the parents' respective homes. 10. vin Upon either parent learning that he/she will be moving, he/she shall immediately notify the other parent except in those circumstances wherein notice is not required by R.C. 3109.051(G), and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children. The parents shall attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule. 11. Waiting: Neither parent shall be more than 30 minutes late picking up the children. If the non-residential parent has not arrived to pick up the children within the 30 minute period, parenting time is forfeited and shall not be made up. 12. Cancellation: The non-residential parent should give 24 hour notice to cancel. The time canceled by the non-residential parent is forfeited. 13. Illness: If a child is ill, the residential parent should give 24 hour notice, if possible, so appropriate plans can be. made. Ibwever, if any parenting time, weekend, holiday/birthday, or vacation is missed due to non-emergency and/or critical illness, then any missed parenting time shall be made up as provided in paragraph 14. 14. Make-Up Parenting time: Any make-up parenting time required icy this schedule shall occur the first weekend of the other parent immediately following the missed parenting time and shall continue during the other parent's weekends until made up in full, including partial weekends. 15. Current Address and Telohone Number: Except as provided in the court order, each parent shall keep the other informed of his/her current address and telephone number at all times. Emergency Contact: Both parents shall at all times, regardless of whether the children are with him/her, provide the other parent with a telephone number for contact in the event of an emergency. 16. Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as parenting time exchanges occur. 17. Clothing The parents shall cooperate in the exchange of the children's clothing prior to and following parenting time. J-394 (Rev. 7/04) MODEL PARENTING TIME SCHEDULE FRANKLIN COUNTY COMMON PLEAS COURT DOMESTIC AND JUVENILE DIVISIONS FOR PARENTS TRAVELING OVER 90 MILES ONE WAY This schedule is merely a guideline for parenting time. It is the parties' responsibility to tailor this schedule as necessary to meet the best interests of their children and their situation before the schedule becomes a court order. Liberal parenting time arrangements are encouraged, as contact with both parents is important to the children. Specific items in the Journal Entry take precedence over this schedule, Changes or modifications can be made by the Court if need for such is shown. This schedule does not affect support payments. Activities you engage in with your children, skills you teach them, or friends you help them make will make their time with you more rewarding. Additionally, regardless of how much time each parent spends with the children, there are many opportunities to be involved in their lives, such as participation and attendance at their school, sporting and extracurricular activities. PARENTING TIME BETWEEN THE CHILDREN AND THE NON-RESIDENTIAL PARENT SHALL TAKE PLACE AT SUCH TIMES AND PLACES AS THE PARTIES MAY AGREE, BUT WILL NOT BE LESS THAN: 1. Pre-School Age: Unless otherwise agreed, pre-School age children shall follow the same schedule as school age children in the school district where they live, whether or not a school age child resides in the family. Frequent contact with both parents is recommended for very young children. 2. Winter Bre ak: Winter Break will be divided in half and alternated annually, by half, between the parents. 3. Spring Break: The non-residential parent shall be entitled to the entire school vacation (the day school is out to the day before school recommences) in odd-numbered years. 4. Summer: Each parent shall be entitled to one half of the school summer vacation. Summer school necessary for the child(ren) to pass to the next grade must be attended. The residential parent shall notify the non-residential parent by March 15 of when the summer vacation begins and ends. The non-residential parent must notify the residential parent as to their intentions by April 15, a. If the parties cannot agree which half of the summer they prefer, in the even-numbered years, the first half of the summer shall be spent at the home of the non-residential parent, and in the odd-numbered years, the second half b. A general itinerary should be provided either parent if more than 2 days will be spent away from either home when the children are in that parent's care. Vacations: Each parent may arrange an uninterrupted vacation of not more than two weeks with the children. If this includes a trip away from home a general itinerary of the vacation shall be provided for the other parent, including dates, locations, addresses, and telephone numbers. 6. Additional Parenting time: a. Weekend: A once-a-month, weekend visit to the non-residential parent's home shall be permitted if the child's traveling time does not exceed THREE AND ONE HALF HOURS, one way. The residential parent must be notified at least one week in advance. THE NONRESIDENTIAL PARENT SHALL PROVIDE THE TRANSPORTATION FOR WEEKEND PARENTING TIME. b. Father's Day and Mother's Day should always be spent with the appropriate parent. c. The non-residential parent shall notify the residential parent as least two days in advance of any time the non-residential parent will be in the area and wants parenting time. Absent extraordinary circumstances, this parenting time shall occur. d. The residential parent shall notify the non-residential parent at least two days in advance when the residential parent and child(ren) will be in the area of the non-residential parent, and parenting time must be allowed. 7. Telephone Access: a. Children can call either parent as often as they wish, at reasonable times, so long as the call is collect if it is a long distance call. b. In addition, the non-possessory parent shall be entitled to telephone communication with the children not less than three times per week for not less than 15 minutes per call. J-394 (Rev. 7104) 3 c. Possessory parent shall not interfere with or stop telephone communication. 8. TransRortation: Responsibility for transportation costs should be decided in advance and a plan written into an Order of the Court. The costs of transportation, in the appropriate case, may be a basis for deviation from the child support schedule. Parties shall also decide and provide in the plan where the child(ren) shall be picked up and dropped off. 9. ovin . Upon either parent learning or determining, whichever first occurs, that he/she will be moving, he/she will immediately notify the other parent and provide the other parent with the moving date, new residence address and telephone number, and such other pertinent information necessary to effectuate a smooth move for the children. The parents shat l attempt, in good faith, to renegotiate an appropriate and beneficial new parenting time schedule. 10. Current Address and Telephone Number: Except as provided in the court order, each parent shall keep the other informed of his/her current address and telephone number at all times. Emergency Contact: Both parents shall at all times, regardless of whether the children are with him/her, provide the other parent with a telephone number for contact in the event of an emergency. 11. Car Seat: For any and all children required by law to ride in a car seat, the parents shall transfer the car seat with the child as parenting time exchanges occur. 12. Clothing The parents shall cooperate in the exchange of the children's clothing prior to and following parenting time. (Effective July 1, 1991; Amended eff, 7/1/93; 7/1/99; 7/1/04) i J-394 (Rev. 7104) 4 a 71 0 i JUN 0 6 2007 Pj TANURAH ANISSA EL-HADI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION ROBERT L ANDERSON, IV Defendant : IN CUSTODY ORDER OF COURT AND NOW, this day of , 4?007 , upon consideration of the foregoing Petition for Issuance of a Rule to ow Cause, it is hereby ordered that: 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within ?Q days of this date; 3. the petition shall be decided under Pa.R.C.P. No. 206.7; 4. depositions shall be completed within kO days of this d •, 5. argument shall be held on in Courtroom 3 of the C_,A ,4UMCounty CourthoI s and 6. notice of the entry of this order shall be provided to all parties by the petitioner. BY THE CQID J. ? y ,v?)011111; "d z1 nr L601 "d 31A ?o 41- Distribution: Grace D'Alo, Counsel for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Robert Anderson, Defendant 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timothy D. Gerrity, Counsel for Defendant 400 S. 5t' St., Ste. 302 Columbus, Ohio 43215 Franklin County Courthouse Clerk of Courts Attn: Case No. 05-DR-09-3698 373 S. High Street Columbus, Ohio 43215-4596 TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 IN CUSTODY CIVIL ACTION PETITION TO MAKE RULE ABSOLUTE Plaintiff, Tanurah Anissa El-Hadi, hereby petitions to make the Rule absolute and in support therefore avers the following: 1. On June 5, 2007, Plaintiff filed a Petition for Rule to Show Cause why jurisdiction in the above-captioned matter should not be returned to Cumberland County from Franklin County, Ohio; 2. On June 11, 2007, this Court issued a rule upon Defendant to show cause why Plaintiff was not entitled to the relief requested; 3. Pursuant to the Court's order, Defendant had twenty (20) days from the date of the Order of Court to file an answer to the petition; 4. Service was completed on June 8, 2007. (See return receipt signed by Defendant and attached hereto as Exhibit A); 5. Defendant has not responded to the Rule to Show Cause to date or within the 20 days allowed by the Court. WHEREFORE, Plaintiff asks that this Court make the Rule absolute and grant the relief requested in the Petition for Issuance of a Rule to Show Cause. Respectfully Submitted, G ce D' Alo, Esquire Mi enn Legal Services ast Louther Street Carlisle, PA 17013 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ctiluu?, off 3Zi3 A. Signature ? G B. Received by (Printed D. Is delivery address different If YES, enter delivery addre of 1 3. Service Type 12 <ertifled Mail ? Express Mall Cr"egistered C 1'11atum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) M-y 2. Article Number 7006 0810 0000 7883 6541 (transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A ' nature B. eceived by (hied Name) ? Agent 0 Addressee ate of Delivery D. Is delivery address different frV6jAm i? ? Yes If YES, enter delivery add low: ? No ?y 1' Q 3 Q 2. 3. Service Type 1 S O 71,i' O'Certified Mail ? Express Mall co ( u 4K& i G• ET-Registered B Ffetum Receipt for Merchandise 1. Article Addressed to: goo s, 'g t- ? Insured Mail ? C.O.D. 4. Restricted Delivery? OFxft Fee) ? Yes 2. Article Number 7006 0810 0000 7883 6558 (Transfer from service labeo , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Exhibit A TANURAH ANISSA EL-HADI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT L ANDERSON, IV Defendant : NO. 2005-5060 CIVIL ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Grace D'Alo, Esquire, of MidPenn Legal Services, hereby certify that I have served a copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Robert Anderson, Defendant 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timothy D. Gerrity, Counsel for Defendant 400 S. 5a` St., Ste. 302 Columbus, Ohio 43215 Date: 5 -20D-? MidPenn Legal Services, Inc. CA - ? ?) iere D 'Alo, Esquire nn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 r.3 ?? c? ? ? -,? -?"? ' t-- r- - - ; „ ? ?m _` ? c_ ; S ? ?? -- .Y ::?? _.?? ?1 C J J f,t'1 ,?^- O TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 IN CUSTODY CIVIL ACTION AMENDED PETITION TO MAKE RULE ABSOLUTE Plaintiff, Tanurah Anissa El-Hadi, hereby petitions to make the Rule absolute and in support therefore avers the following: 1. On June 5, 2007, Plaintiff filed a Petition for Rule to Show Cause why jurisdiction in the above-captioned matter should not be returned to Cumberland County from Franklin County, Ohio; 2. On June 11, 2007, this Court issued a rule upon Defendant signed by Judge Guido to show cause why Plaintiff was not entitled to the relief requested; 3. Pursuant to the Court's order, Defendant had twenty (20) days from the date of the Order of Court to file an answer to the petition; 4. Service was completed on June 8, 2007. (See return receipt signed by Defendant and attached hereto as Exhibit A); 5. Defendant has not responded to the Rule to Show Cause to date or within the 20 days allowed by the Court. WHEREFORE, Plaintiff asks that this Court make the Rule absolute and grant the relief requested in the Petition for Issuance of a Rule to Show Cause. Respectfully Submitted, ace D' Alo, Esquire dPenn Legal Services 4 East Louther Street Carlisle, PA 17013 Attorney for Plaintiff TANURAH ANISSA EL-HADI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION ROBERT L ANDERSON, IV Defendant : IN CUSTODY ORDER AND NOW, this day of July 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services on behalf of Plaintiff, Tanurah El-Hadi: 1. Plaintiff filed a Rule to Show Cause why jurisdiction should not be transferred on June 5, 2007. 2. By order dated June 11, 2007, this Court allowed Defendant twenty (20) days to respond to Plaintiff's request. 3. Defendant has not responded as of the date of this Order. 4. In light of Plaintiff's request to transfer jurisdiction and Defendant's lack of response to this request, this Court will assume jurisdiction of all matters relating to custody of Rahqib Anderson. 5. The court in Franklin County, Ohio, will be notified of all proceedings with respect to Plaintiff's request for a transfer of jurisdiction. By the Court: J. Distribution: Grace D'Alo, Counsel for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Robert Anderson, Defendant 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timothy D. Gerrity, Counsel for Defendant 400S.5 Ih St., Ste. 302 Columbus, Ohio 43215 TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 IN CUSTODY CIVIL ACTION CERTIFICATE OF SERVICE I, Grace D'Alo, Esquire, of MidPenn Legal Services, hereby certify that I have served a copy of the foregoing Petition to Make Rule Absolute on the following date and in the manner indicated below: U.S. First Class Mail, Postage Pre-Paid Robert Anderson, Defendant 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timothy D. Gerrity, Counsel for Defendant 400S.5 1h St., Ste. 302 Columbus, Ohio 43215 MidPenn Legal Services, Inc. Date' J1 2? 2U Irr D'Alo, Esquire enn Legal Services 401 East Louther Street Carlisle, PA 17013 (717) 243-9400 N (') ? c? ,=? ._ - ?, -i ?r_ ??-w ? -- Til - ..? T ~' ';?- ?,? ?, _ _ r4. J `,.`? J ?_. `3:3 1..`7 --C TANURAH ANISSA EL-HADI : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION ROBERT L ANDERSON, IV Defendant : IN CUSTODY ORDER a AND NOW, this y` ? day of July 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services on behalf of Plaintiff, Tanurah El-Nadi: 1. Plaintiff filed a Rule to Show Cause why jurisdiction should not be transferred on June 5, 2007. 2. By order dated June 11, 2007, this Court allowed Defendant twenty (20) days to respond to Plaintiff's request. 3. Defendant has not responded as of the date of this Order. 4. In light of Plaintiff's request to transfer jurisdiction and Defendant's lack of response to this request, this Court will assume jurisdiction of all matters relating to custody of Rahqib Anderson. 5. The court in Franklin County, Ohio, will be notified of all proceedings with of jurisdiction. J. \'M NN3d cZ mr Looz UCUd 3W JO 40-omw Distribution: Grace D'Alo, Counsel for Plaintiff MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Robert Anderson, Defendant 328 S. Napoleon, Apt. C Columbus, Ohio 43213 Timothy D. Gerrity, Counsel for Defendant 400 S. 5`h St., Ste. 302 Columbus, Ohio 43215 TANURAH ANISSA EL-H; Plaintiff V. ROBERT L. ANDERSON, Defendant kDI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL TERM IV, IN CUSTODY ORDER OF COURT AND NOW, this 6th day of August, 2007, Father's contempt petition will be heard on Thursday, August 16, 2007, at 1:00 p.m., before the Honorable Edward E. Guido, Judge, in Courtroom No. 3, Cumberland County Courthouse, Carlisle, Pennsylvania. B, Edward E. Guido, J. /eoffrey Biringer, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Attorney for Plaintiff rick Heagerty, Esquire Barr & Associates cc 209 South High Street, Suite 312 V Columbus, Ohio 43215 At rney for Defendant obert Anderson, Defendant 328 South Napoleon, Apartment C Columbus, Ohio 43213 srs ??ysr ? ? ?'+!'?i1J CZ .c Q L- SnV LOOZ 3HI TANURAH ANISSA EL-HADI, Plaintiff V. ROBERT L. ANDERSON, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 16th day of August, 2007, after hearing, the Petition For Contempt is DISMISSED. Provided, however, that Father shall be entitled to a two-week period of visitation with the child commencing at 8:00 p.m. on Monday, August 20, 2007, to 6:00 p.m., on Monday, September 3, 2007. Both parties are directed to comply with all other provisions of the current Order. Father shall assure that the son has no contact whatsoever with the paternal grandfather. By Edward E. Guido, J. race D'Alo, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Attorney for Plaintiff ?Cobert Anderson ?328 South Napoleon, Apartment C Columbus, Ohio 43213 Defendant, Pro se srs 4 I, %.• i ? `=1 ?' ' f vl t? t I :Z Ind L! `.`; s V LGOZ -"Hi JO TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA VS. ROBERT ANDERSON, N No. 05- 5060 CIVIL TERM Defendant IN CUSTODY PETTION FOR SPECIAL RELIEF Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Alo of MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the mother, resides at 517 Cherry Court, Carlisle, Cumberland County, PA, 17013. 2. The above-named Defendant currently resides at 7507 Prince Cole Court, Apartment 3, Manassas, Virginia 20111. 3. Mother and Defendant are the natural parents of: Rahqib Anderson, born December 20, 2002. 4. Mother and Defendant were married on May 6, 2002, and divorced on December 8, 2006. 5. The attached Complaint in Custody outlines where Rahqib has lived for his entire life and is herein incorporated by reference. 6. For purposes of this Petition for Special Relief, and Petition for Contempt, Mother invites the Court's attention to the fact that she has repeatedly been granted custody in this and other Courts, yet Defendant ignores these Orders and under the guise of visitation takes Rahgib and then hides his whereabouts from the Mother, cuts off all contact with Mother, and attempts to gain custody by deception of the Courts and police. The following Orders have granted Mother custody: a. Mother was granted temporary emergency custody of Rahqib by the Franklin County Court, Franklin County, Ohio on October 6, 2006. (Order attached as Exhibit 1.) b. Mother was given primary custody of Rahqib in the decree in divorce entered in Franklin County, Ohio, on December 8, 2006. (Order attached as Exhibit 2.) c. This Court assumed jurisdiction of all matters relating to custody of Rahgib Anderson by Order dated July 27, 2007. (Order by Judge Guido attached as Exhibit 3.) d. The Franklin County Court subsequently relinquished all jurisdiction of this custody matter. (Order attached as Exhibit 4.) 7. This Court dismissed a Petition for Contempt filed by Defendant on August 16, 2007. This Order also granted Defendant a two week period of visitation with the Rahqib, prohibited Defendant from allowing any contact between Rahqib and Defendant's father, and affirmed all the provisions of the "current Order."(See Exhibit 3.) 8. Whether this Court was referring to Exhibit 1 or 2, the "current Order" regarding custody grants Mother primary custody. 9. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Since this Court's Order in July of 2007, Defendant has had minimal contact with Rahqib. b. Since July 2007, Defendant has not called Rahqib more than twice a month. c. Mother made several requests for information regarding Defendant's living arrangements, contact information, and address. Defendant eventually complied with these requests but with false information. d. Defendant picked Rahqib up for a weekend visit to begin on February 22 and to end on February 24. e. Defendant did not return Rahqib as promised on February 24, 2008. f. Defendant has not allowed Mother to talk to Rahqib and has not answered her repeated phone calls. g. The Defendant has refused to provide Mother with information as to whether the child is receiving the care that is necessary and appropriate for him; h. Defendant has traumatized the child by removing him from Mother and by not allowing Mother contact. i. This pattern of taking Rahqib and not returning him to Mother is repeated each time Defendant takes Rahqib for visitation. j. Mother avers that Defendant has not provided the child with appropriate sleeping arrangements; k. Mother avers that Defendant has allowed contact between Rahqib and his paternal grandfather in direct violation of this Court's order. 1. Throughout their relationship, Defendant has not been consistently present in the child's life. When Defendant has visited or exercised partial custody rights, he has not returned the child as agreed on by the parties. m. Defendant has repeatedly taken Rahqib and ignored the Franklin County, Ohio, and Cumberland County,Pennsylvania, orders regarding custody. 10. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 11. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the Defendant supervised visitation with the child. 12. Without this Court's intervention, Mother and child are at risk of irreparable harm by being denied contact with each other. 13. It is assumed that Defendant does not concur in the relief requested. To date, Defendant has always represented himself. WHEREFORE, Petitioner respectfully requests the following: a. Order the Defendant to immediately return the child to Mother in Cumberland County, Pennsylvania. b. Issue an order granting Tanurah A. El Hadi primary legal and physical custody of the child. c. Limit the custodial rights of Defendant to supervised visitation at a time and place as ordered by this Court or agreed to by the parties; d. Issue an order prohibiting the Defendant from removing the child from Pennsylvania except as provided by this Court's custody order; e. Any other relief this court deems just and proper. SUBMITTED 'T, C , ??- E. D'ALO TN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS ROBERT L. ANDERSON IV, Plaintiff, -vs- TANURAH EL HADI, Defendant. Case No. 05-DR-09-3698 Judge Lias Magistrate Zand ENTRY GRANTING EMERGENCY TEMPORARY CUSTODY OF RAHOIB JAMAL ANDERSON TO DEFENDANT, TANURAH EL HADI This matter came on for hearing upon the joint Motion of the Defendant, Tanurah El Hadi, and the Guardian ad Litem, Angela Albert Brown, seeking emergency custody of the minor child, Rahqib Jamal Anderson, age three years. Upon the evidence adduced herein the Court does find the Motion to be well taken. It is therefore ORDERED, ADJUDGED and DECREED that Tanurah El Hadi, mother of Rahgib Jamal Anderson, d.o.b. APPROVED: 12/20/2002, be awarded emergency custody forthwith. over objection _ Maurice Henderson III #0072726 Attorney for Plaintiff 336 S. High St., Suite 205 mbus, Ohio 43215 Angela Alb- : Brown #0040524 Guardian ad Litem 536 S. High Street Columbus, Ohio 43215 Attorney for DefenWant 400 S. 5th St., Ste. 302 Columbus, Ohio 43215 Get ity and Barrier, Ltd. THE STRE OFOWD u !, Ji,piq O'Gjir ran?lin C?ttriy, ?^ J 0r TF;?' < H r O•rTHiic?, F{lF Q[VM0Q&1P`EA, At(DGvr"1tFiUllTri- :..? FOn?uO(iti6'STRULYTA." ............. . COU?VTYT? $ ?1? F,PY Wei!.llr.^S r..11 i rp ? . ...... ... `AY OF D BY ..-_..... ..... GRkDY. Clerk.-- 8 ATTACHMENT 1 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS ROBERT L. ANDERSON, IV, Plaintiff, Case No. 05-DR-09-3698 -vs- Judge Lias TANURAH EL HADI, Magistrate Zand Defendant. AGREED JUDGMENT ENTRY DECREE OF DIVORCE \ This case came on for hearing upon assignment. The Court finds that the Defendant was \ served with a copy of the Complaint herein, and that the Plaintiff was served with a copy of the Answer and Counterclaim. The Court after hearing the testimony of the parties finds that they have reached an agreement on all issues and finds said agreement reached by the parties to be fair and equitable. The parties waived notice of hearing and any time requirements and requested permission to proceed on the Complaint and Counterclaim on an agreed basis. The Court further finds that the parties were present in court with Defendant represented by counsel and Defendant proceedings pro se. The Court finds it has jurisdiction of the parties and subject matter. The Court further finds that the Plaintiff, at the time of the filing of his Complaint was a resident of the State of Ohio for six (6) months last preceding the same, and was at that time a bona fide residents of Franklin County, Ohio, having resided in Franklin County for more than ninety (90) days immediately preceding the filing of his Complaint. The Defendant, at the time i of the filing of her Answer and Counterclaim, was and continues to be a resident of the State of Pennsylvania. The Court further finds that the parties were married on May 6, 2002 in ATTACHMENT 2 Arlington, Virginia and that one (1) child has been born as issue of said marriage, namely Rahqib Jamal Anderson, on December 20, 2002. It is therefore ORDERED, ADJUDGED AND DECREED that the marriage contract heretofore existing between the said Plaintiff and Defendant be, and the same hereby is, terminated and both parties are released from the obligations of the same. The parties each admit they are incompatible and the Court hereby grants a divorce to both parties on the ground that they are incompatible. Coming to all matters involving division of property of the parties hereto, spousal support and all other matters incidental thereto, the Court finds that the parties have reached an agreement regarding these matters, finds said agreement to be fair and equitable. IT IS FURTHER AGREED, and therefore ORDERED, ADJUDGED AND DECREED as follows: I. PARENTAL RIGHTS AND RESPONSIBILITIES: The Defendant is hereby designated residential parent and legal custodian of the minor child of the parties: Rahqib Jamal Anderson, d.o.b. 12/20/2002. The Plaintiff is granted parenting time pursuant to Local Model Rule 27 for parties residing more than ninety (90) miles apart a copy of which is attached hereto and made part hereof. It is further ORDERED that the parties shall exchange the child at the Monroeville Mall in the State of Pennsylvania food court unless otherwise agreed to by the parties. a. CHILD SUPPORT: This Court finds that it does not have jurisdiction, over child support and that the New York courts have already established child support in the family court of the State of New York, County of Kings, Brooklyn, New York 11201 in Case Number 45831. -2- 0 4FFECTIVE DATE - The effective date of the within order is December 8, 2006. APPROVED: ]I- Robert L. Anderson ?F?i7 S L' Plaintiff Timothy D. Gerrity 02206 Attorney for Plain$ff 400 S. 5th St., Ste. 02 Columbus, Ohio 43215 (614) 224-8824 iuddc 11 Tanurah El Hadi,qkvww 144-&W4Z , Defendant By. r Angel Albert Brown #00040524 Guardian ad Litem 536 S. High Street Columbus, Ohio 43215 (614) 221-6800 PRACEIPE: TO THE CLERK OF COURTS Pursuant to Civil Rule 58(B), you are hereb;, instructed to serve upon all parties not in default for failure to appear, notice of the judgment and its date of entry upon the journal. `.I -6- TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL ACTION IN CUSTODY ORDER AND NOW, this day of July 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services on behalf of Plaintiff, Tanurah El-Hadi: 1. Plaintiff filed a Rule to Show Cause why jurisdiction should not be transferred on June 5, 2007. 2. By order dated June 11, 2007, this Court allowed Defendant twenty (20) days to respond to Plaintiff's request. 3. Defendant has not responded as of the date of this Order 4. In light of Plaintiff's request to transfer jurisdiction and Defendant's lack of response to this request, this Court will assume jurisdiction of all matters relating to custody of Rahqib Anderson. 5. The court in Franklin County, Ohio, will be notified of all proceedings with respect to Plaintiff's request for a transfer of jurisdiction. i J. ATTACHMENT 3 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, DIVISION OF DOMESTIC RELATIONS ROBERT ANDERSON, PLAINTIFF, vs CASE NO.05DR-09=3698`_,, JUDGE GILL cam, . r,' ,n TANURAH EL-HADI, ti w = r*+ `' DEFENDANT. o ? pa ENTRY G W G CP This cause came on to be heard pursuant to a ORC §3109.21 et. seq. (Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the communication by the Honorable Edward E. Guido, Judge, Cumberland County Courthouse„ Carlisle, Pennsylvania. The parties were granted a divorce by this Court on December 12, 2006. The parties have one minor child Rahqib Anderson born December 20, 2002. At the time of the divorce, Rahqib had not lived in Ohio or Pennsylvania for a period of six months. The Defendant-Mother herein filed a Petition for Issuance of a Rule to Show Cause in Cumberland County, Pennsylvania to transfer jurisdiction to Cumberland County, Pennsylvania on June 5, 2007. Pursuant to order dated June 11, 2007 issued by that Court the Respondent had twenty days to respond to Movant's request. Plaintiff-father herein failed to respond and on July 27, 2007, Judge Guido issued an Order wherein Cumberland Count, Pennsylvania agreed to assume jurisdiction of all matters relating to custody of Rahqib Anderson. A conference call between Cumberland County and this ATTACHMENT 4 Court was arranged and a record of the proceedings was taken on August 6, 2007 in Cumberland County, PA. After considering all pleadings previously filed in this matter and the specific facts of this matter this Court determined that the minor child's home state is now Pennsylvania. Further, given the minor child's significant connection with Pennsylvania the evidence of the minor child's current best interest is more easily assessable in Cumberland County, PA. Further the Court finds that Franklin County does not have jurisdiction over the child support order previously issued relative to this child in New York State. It is therefore ORDERED ADJUGED AND DECREED that Franklin County hereby relinquishes jurisdiction of this matter to the Cumberland County, Pennsylvania Court that has accepted jurisdiction pursuant to the attached Order. It is so Ordered! JUDGE ELIZAB Copies to: Robert Anderson, Plaintiff Patrick Heagerty (0077373) Attorney for Plaintiff Tanjrah El Hadi Defendant VERIFICATION The above-named Plaintiff, Tunurah A. E1 Hadi, verifies that the statements made in the attached Petition for Special Relief, Petition for contempt and complaint 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: ?S IdE a U Tunurah A. E1 Hadi TANURAH A. EL HADI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA Vs. No. 05- 5060 CIVIL TERM ROBERT ANDERSON, IV Defendant IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ea l day of February, 2008, I, Grace D'Alo, hereby certify that I served Robert Anderson, IV, with a copy of the foregoing Petition for Special Relief and Complaint by first registered receipt and first class, United States Mail, postage pre-paid, addressed as follows. Robert Anderson, IV 7507 Prince Cole Court Apartment 3 Manassas, VA 20111 MIDPENN LEGAL SERVICES ce E. D' Alo 401 East Louther Street Carlisle, PA 17013 (717) 243-9400, ext. 2517 Attorney for Plaintiff . 1i Cil t" TANURAH A. EL HADI, Plaintiff VS. ROBERT ANDERSON, IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 05- 5060 CIVIL TERM r.-3 CC) 1) Defendant IN CUSTODY -+ ?1 Z 'i1 COMPLAINT IN CUSTODY Petitioner, Tanurah A. El Hadi, by and through her counsel, Grace E. D'Al6;0 MidPenn Legal Services, states the following: 1. Petitioner, hereinafter referred to as the Mother, resides at 517 Cherry Court, Carlisle, Cumberland County, PA, 17013. 2. The above-named Defendant currently resides at 7507 Prince Cole Court, Apartment 3, Manassas, Virginia 20111. 3. Mother and Defendant are the natural parents of: Rahqib Anderson, born December 20, 2002. 4. Mother and Defendant were married on May 6, 2002, and divorced on December 8, 2006. 5. The decree in divorce was entered in Franklin County, Ohio, and under its terms Mother was given primary custody of Rahqib. (Attached as Exhbit 2) 6. Immediately after the divorce, Mother moved to Cumberland County Pennsylvania. 7. This Court assumed jurisdiction of all matters relating to custody of Rahgib Anderson by Order dated July 27, 2007. (Order attached as Exhibit 3.) S. This Court dismissed a Petition for Contempt filed by Defendant on August 16, 2007. This Order also granted Defendant a two period of visitation with the Rahqib, prohibited Defendant from allowing any contact between Rahqib and Defendant's father, and affirmed all the provisions of the "current Order."(See attached Exhibits 1 and 2) 9. The "current Order" is the decree in divorce Order of the Franklin County Court in Ohio granting Mother primary custody read in conjunction with Exhibit 2, the return of Rahqib to Mother by the Franklin County Court under its emergency jurisdiction. (Order attached as Exhibit 1 and 2.) 10. The child has lived at the following addresses and with the people listed below: a. From birth until July 14, 2003, with Defendant and Mother in Maryland; b. From July 15, 2003 through December 20, 2003, with Defendant and Mother parents in Alexandria, Virginia; c. From December 21, 2003, through April 1, 2005, with his Mother and maternal grandmother in Brooklyn, New York; d. From April, 2, 2005, through June 7, 2005, with the Defendant in Illinois; e. From June 8, 2005, to August 25, 2005 with his Mother, her cousin and her cousin's husband in York, Pennsylvania; f. From August 25, 2005, through October of 2006 Rahqib was unlawfully withheld from Mother by the Defendant who took Rahqib for visitation and then filed for custody in Ohio. g. After a prolonged legal dispute with respect to jurisdiction, Mother submitted to the jurisdiction of the Franklin County, Ohio, Court and was again awarded custody on October 6, 2006, by the Court exercising its emergency powers. (Attached as Exhibit 1.) h. Upon petition of the Plaintiff, the Cumberland County Court assumed jurisdiction of all matters relating to the custody of Rahqib on July 27, 2007. (See Exhibit 3.) i. The Franklin County Court relinquished jurisdiction of all matters relating to the custody of Rahqib on August 9, 2007. (See Exhibit 4.) 11. The Defendant is not acting in the child's best interest for reasons including, but not limited to, the following: a. Defendant has failed to see or talk to the child on a regular basis. b. Mother made several requests for information regarding Defendant's living arrangements, contact information, and address. Defendant eventually complied with these requests but with false information. c. Defendant picked Rahqib up for a weekend visit to begin on February 22 and to tend to February 24. d. Defendant did not return Rahqib as promised on February 24, 2008. e. Defendant has not allowed Mother to talk to Rahqib and has not answered her repeated phone calls. f. The Defendant has refused to provide Mother with information as to whether the child is receiving the care that is necessary and appropriate for him; g. Defendant has traumatized the child by removing him from Mother and by not allowing Mother contact; h. Mother believes that Defendant has not provided the child with appropriate sleeping arrangements; i. Defendant's actions frighten and traumatize Rahqib; j. Throughout their relationship, Defendant has not been consistently present in the child's life. When Defendant has visited or exercised partial custody rights, he has not returned the child as agreed on by the parties. k. Defendant has repeatedly taken Rahqib and ignored the Franklin County and Cumberland County orders regarding custody. 12. Mother is the parent who can best provide for the child for reasons including, but not limited to, the following: a. The Mother is presently able to provide for the child by giving the child a nurturing and stable home environment and providing for his emotional, physical, medical and educational needs; b. Since the child's birth, Mother is the person who has provided for the daily needs of the child and is the person most capable of caring for him; c. Mother can best facilitate and maintain any contact between the child and the Defendant. 13. Mother requests that the Court grant primary physical and legal custody of the child to her and grant the Defendant supervised visitation with the child. 14. Without this Court's intervention, Mother and child are at risk of irreparable harm by being denied contact with each other. 15. Mother is not aware that Defendant has legal counsel and, therefore, cannot attempt to contact her/him to obtain a concurrence for the relief requested. WHEREFORE, Petitioner respectfully requests the following: a. Order the Defendant to immediately return the child to Mother in Cumberland County, Pennsylvania. b. Find Defendant in contempt of this Court's previous custody orders. c. Issue an order granting Tanurah A. El Hadi primary legal and physical custody of the child. d. Limit the custodial rights of Defendant to supervised visitation at a time and place as ordered by this Court or agreed to by the parties; e. Issue an order prohibiting the Defendant from removing the child from Pennsylvania except as provided by this Court's custody order; f. Any other relief this court deems just and proper. RESPECTFULL SUBMITTED kQI E. D'ALO MIPPENN LEGAL SERVICES 401 E. LOUTHER STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS ROBERT L. ANDERSON IV, Plaintiff, -vs- TANURAH EL HADI, Defendant. Case No. 05-DR-09-3698 Judge Lias Magistrate Zand ENTRY GRANTING EMERGENCY TEMPORARY CUSTODY OF RAHOIB JAMAL ANDERSON TO DEFENDANT, TANURAH EL HADI This matter came on for hearing upon the joint Motion of the Defendant, Tanurah El Hadi, and the Guardian ad Litem, Angela Albert Brown, seeking emergency custody of the minor child, Rahqib Jamal Anderson, age three years. Upon the evidence adduced herein the Court does find the Motion to be well taken. It is therefore ORDERED, ADJUDGED and DECREED that Tanurah El Hadi, mother of Rahqib Jamal Anderson, d.o.b. APPROVED: 12/20/2002, be awarded emergency custody forthwith. over objection _ Maurice Henderson III #0072726 Attorney for Plaintiff' 336 S. High St., Suite 205 mbus, Ohio 43215 Angela Albs Brown #0040524 Guardian ad Litem 536 S. High Street Columbus, Ohio 43215 Attorney for Defendant 400 S. Sth St., Ste. 302 Columbus, Ohio 43215 Gerrity and 13urrier, Ltd. THESTAiECFfto Franklin co r ?GY'r ?l qc Hu?T` /?;3? , ri"J^ Fr 'Y PLEAS V? ?. r?•r 'Ini ^-gyn. r 0 ??.ULIq Iy ???7(,JF r?;` I:? u01i"`iiisTY 19rr1-r, ULY TA&N r rJ iii HLE a r t u11lw1 Ti$... YIuL. WJi=''r _ Fr'IY ?(1 ?JOHN O;.cavc .. x.10.2 . ° BY_. erk .f iADY .......oe?,?y ATTACHMENT 1 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS ROBERT L. ANDERSON, IV, Plaintiff, Case No. 05-DR-09-3698 -vs- Judge Lias TANURAH EL HADI, Magistrate Zand Defendant. AGREED JUDGMENT ENTRY DECREE OF DIVORCE This case came on for-hearing upon assignment. The Court finds that the Defendant was \ served with a copy of the Complaint herein, and that the Plaintiff was served with a copy of the Answer and Counterclaim. The Court after hearing the testimony of the parties finds that they have reached an agreement on all issues and finds said agreement reached by the parties to be fair and equitable. The parties waived notice of hearing and any time requirements and requested permission to proceed on the Complaint and Counterclaim on an agreed basis. The Court further finds that the parties were present in court with Defendant represented by counsel and Defendant proceedings pro se. The Court finds it has jurisdiction of the parties and subject matter. The Court further finds that the Plaintiff, at the time of the filing of his Complaint was a resident of the State of Ohio for six (6) months last preceding the same, and was at that time a bona fide residents of Franklin County, Ohio, having resided in Franklin County for more than ninety (90) days immediately preceding the filing of his Complaint. The Defendant, at the time of the filing of her Answer and Counterclaim, was and continues to be a resident of the State of Pennsylvania. The Court further finds that the parties were married on May 6, 2002 in i ATTACHMENT 2 Arlington, Virginia and that one (1) child has been born as issue of said marriage, namely Rahqib Jamal Anderson, on December 20, 2002. It is therefore ORDERED, ADJUDGED AND DECREED that the marriage contract heretofore existing between the said Plaintiff and Defendant be, and the same hereby is, terminated and both parties are released from the obligations of the same. The parties each admit they are incompatible and the Court hereby grants a divorce to both parties on the ground that they are incompatible. Coming to all matters involving division of property of the parties hereto, spousal support and all other matters incidental thereto, the Court finds that the parties have reached an agreement regarding these matters, finds said agreement to be fair and equitable. as follows: IT IS FURTHER AGREED, and therefore ORDERED, ADJUDGED AND DECREED 1. PARENTAL RIGHTS AND RESPONSIBILITIES: The Defendant is hereby designated residential parent and legal custodian of the minor child of the parties: Rahqib Jamal Anderson, d.o.b. 12/20/2002. The Plaintiff is granted parenting time pursuant to Local Model Rule 27 for parties residing more than ninety (90) miles apart a copy of which is attacised hereto and made part hereof. It is further ORDERED that the parties shall exchange the child at the Monroeville Mall in the State of Pennsylvania food court unless otherwise agreed to by the parties. a. CHILD SUPPORT: This Curt finds that it does not have jurisdiction. over child support and that the New York courts have already established child support in the family court of the State of New York, County of Kings, Brooklyn, New York 11201 in Case Number 45831. -2- XII. EFFECTIVE DATE - The effective date of the within order is December 8, 2006. t.PPROVED: B} Robert L. Anderson t??%? S e-- Plaintiff Timothy D. Gerrity Attorney for Plain 400 S. 5th St., Ste. 02 Columbus, Ohio 43215 (614) 224-8824 JU LI L/????. 11 Tanurah El Hadi, gkvww . J/U '(, 6, ; Defendant By: Angel Albert Brown #00040524 Guardian ad Litem 536 S. High Street Columbus, Ohio 43215 (614) 221-6800 PRACEIPE: TO THE CLERK OF COURTS Pursuant to Civil Rule 58(B), you are hereby instructed to serve upon all parties not in default for failure to appear, notice of the judgment and its date of entry upon the journal. -6- TANURAH ANISSA EL-HADI Plaintiff V. ROBERT L ANDERSON, IV Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL ACTION IN CUSTODY ORDER AND NOW, this ? day of July 2007, upon consideration of the Petition to Make Rule Absolute filed by MidPenn Legal Services on behalf of Plaintiff, Tanurah El-Nadi: 1. Plaintiff filed a Rule to Show Cause why jurisdiction should not be transferred on June 5, 2007. 2. By order dated June 11, 2007, this Court allowed Defendant twenty (20) days to respond to Plaintiff's request. 3. Defendant has not responded as of the date of this Order 4. In light of Plaintiff's request to transfer jurisdiction and Defendant's lack of response to this request, this Court will assume jurisdiction of all matters relating to custody of Rahqib Anderson. 5. The court in Franklin County, Ohio, will be notified of all proceedings with respect to Plaintiff's request for a transfer of jurisdiction. J. ATTACHMENT 3 IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, DIVISION OF DOMESTIC RELATIONS ROBERT ANDERSON, PLAINTIFF, c? VS CASE NO.05DR-09-3698,._., JUDGE GILL c'TANURAH EL-HADI, DEFENDANT. v 0 ? p4 ENTRY ?''• This cause came on to be heard pursuant to a ORC §3109.21 et. seq. (Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the communication by the Honorable Edward E. Guido, Judge, Cumberland County Courthouse„ Carlisle, Pennsylvania. The parties were granted a divorce by this Court on December 12, 2006. The parties have one minor child Rahqib Anderson born December 20, 2002. At the time of the divorce, Rahqib had not lived in Ohio or Pennsylvania for a period of six months. The Defendant-Mother herein filed a Petition for Issuance of a Rule to Show Cause in Cumberland County, Pennsylvania to transfer jurisdiction to Cumberland County, Pennsylvania on June 5, 2007. Pursuant to order dated June 11, 2007 issued by that Court the Respondent had twenty days to respond to Movant's request. Plaintiff-father herein failed to respond and on July 27, 2007, Judge Guido issued an Order wherein Cumberland Count, Pennsylvania agreed to assume jurisdiction of all matters relating to custody of Rahqib Anderson. A conference call between Cumberland County and this ATTACHMENT 4 Court was arranged and a record of the proceedings was taken on August 6, 2007 in Cumberland County, PA. After considering all pleadings previously filed in this matter and the specific facts of this matter this Court determined that the minor child's home state is now Pennsylvania. Further, given the minor child's significant connection with Pennsylvania the evidence of the minor child's current best interest is more easily assessable in Cumberland County, PA. Further the Court finds that Franklin County does not have jurisdiction over the child support order previously issued relative to this child in New York State. It is therefore ORDERED ADJUGED AND DECREED that Franklin County hereby relinquishes jurisdiction of this matter to the Cumberland County, Pennsylvania Court that has accepted jurisdiction pursuant to the attached Order. It is so Ordered! JUDGE ELIZABE`P?ILL Copies to: Robert Anderson, Plaintiff Patrick Heagerty (0077373) Attorney for Plaintiff Tanjrah El Hadi Defendant VERIFICATION The above-named Plaintiff, Tunurah A. E1 Hadi, verifies that the statements made in the attached Petition for special Relief, Petition for contempt and complaint 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_ of ?d, Y? . TAnurah A. E1 Hadi TANURAH A. EL HADI, : IN THE COURT OF COMMON PLEAS OF vs. Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA No. 05- 5060 CIVIL TERM ROBERT ANDERSON, IV Defendant IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this ? day of February, 2008, I, Grace D'Alo, hereby certify that I served Robert Anderson, IV, with a copy of the foregoing Petition for Special Relief and Complaint by first class registered receipt and first class, United States Mail, postage pre-paid, addressed as follows. Robert Anderson, IV 7507 Prince Cole Court Apartment 3 Manassas, VA 20111 MIDPENN LEGAL SERVICES Gra6le A. D' Alo Atty. #26146 401 East Louther Street Carlisle, PA 17013 (717) 243-9400, ext. 2517 Attorney for Plaintiff 71 C 1 C;v - t 4 +?i TANURAH A. EL HADI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-5060 CIVIL ACTION LAW ROBERT ANDERSON, IV IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 28, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ _Tuesday, March 25, 2008 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. 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: ls/ ac ueline M. Verne 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 ISO- TANURAH A. EL HADI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT ANDERSON, IV DEFENDANT 2005-5060 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, March 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on _ Tuesday, April 01, 200_8_ 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. 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ acgueline M. Verne Es a. 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 , an?,, c z :z Wa s- HVN gooz VAR 4 6 LU o so 3 TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IV, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of MA"*1 , 2008, upon. consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother's Petition for Special Relief is hereby withdrawn. The Custody Conciliation Conference scheduled for April 1, 2008 at 10:30 a.m. is hereby cancelled. 2. The Mother, Tunurah A. Hadi, shall have sole legal custody of Rahqib Anderson, born December 20, 2002. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of supervised visitation at times agreed by the parties. Father shall contact Mid Penn Legal Services to arrange visitation. The supervisor shall be John Jackson. 5. 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. J. cc: Ryan Lockman, certified legal intern, Counsel for Mother Grace D'Alo, Esquire, Mid Penn Legal Services ,/[ZObert Anderson 7507 Prince Cole Court Apt 3 Manassas, VA 20111 l Fs nz? < CFcI? 3f.28?o8 4S ?` ?L ? l? a? V FJ^ 4v ? ° ` t a TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, IV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA 2005-5060 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Rahqib Anderson December 20, 2002 Mother 2. A Conciliation Conference was held in this matter on March 25, 2008, with the following individuals in attendance: The Mother, Tunurah A. Hadi, w'th her counsel Ryan Lockman, certified legal intern, and Grace D'Alo, Esquire. Father did not appear although he was notified of the conference. 3. The Honorable Edward E. Guido entered an Order of Court dated July 27, 2007 accepting jurisdiction of the matter. 4. Mother requested the entry of an Order in the form as attached. Date Jac eline M. Verney, Esquire Custody Conciliator TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYd6V ADIIA? ,' VS. MW Z: M ;;a No. 2005-5060 = -<> n ROBERT ANDERSON, IV, : CIVIL ACTION - LAW D© Petitioner/Defendant . IN CUSTODY =C) C) c-) y? ? e rn PETITION FOR MODIFICATION OF CUSTODY AND NOW COMES, Robert Anderson, IV, by and through his attorney, Shawn M. Curry, of Colgan & Associates, LLC, and files the instant Petition for Modification of Custody, and in support thereof, avers as follows: 1. The Petitioner is Robert L. Anderson, who currently resides at 110B Gulkana Avenue, Fort Richardson, Anchorage County, Alaska 99505. 2. The Respondent is Tunurah A. Hadi, who currently resides at 517 Cherry Court, Carlisle, Cumberland County, Pennsylvania 17013. 3. The minor child is Rahqib Anderson, born in 2002 (age 8). 4. By Order dated March 27, 2008, Respondent has primary physical custody with Petitioner having periods of supervised visitation at times agreed by the parties. A true and correct copy of said Order is attached hereto as Exhibit "A." 5. The relationship of Respondent to the child is that of mother. 6. The relationship of the Petitioner to the child is that of father. 7. Petitioner has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 8. Petitioner does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to aw, Ckj? y(pW L7 14 C9&4 5(aS the child. 9. The best interest and permanent welfare of the child will be served by granting Father shared legal custody and partial physical custody. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Petitioner respectfully requests This Honorable Court to award him shared legal custody and partial physical custody with the minor child. Respectfully submitted, By: COLGAN & ASSOCIATES, LLC Shawn M. Curry, Esquire Attorney ID # 202061 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: 7 r EXHIBIT A i` TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2005-5060 CIVIL ACTION - LAW ROBERT ANDERSON, IV, : IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of , •'A11-1 , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother's Petition for Special Relief is hereby withdrawn. The Custody Conciliation Conference scheduled for April 1, 2008 at 10:30 a.m. is hereby cancelled. 2. The Mother, Tunurah A. Hadi, shall have sole legal custody of Rahqib Anderson, born December 20, 2002. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of supervised visitation at times agreed by the parties. Father shall contact Mid Penn Legal Services to arrange visitation. The supervisor shall be John Jackson. 5. 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. cc: any Lockman, certified legal intern, Counsel for Mother Grace D'Alo, Esquire, Mid Penn Legal Services ?kobert Anderson 7507 Prince Cole Court Apt 3 Manassas, VA 20111 3 ?.8?08 J. lY CG-. Q/ LV o ?' TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. No. 2005-5060 ROBERT ANDERSON, IV, : CIVIL ACTION - LAW Petitioner/Defendant : IN CUSTODY VERIFICATION I, ROBERT ANDERSON, IV, verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 1 01511 ROBERT ANDERSON, IV, Petitioner TUNURAHA HADI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA N c a ? 3 r"cn c_._ S -r?E 2005-5060 CIVIL ACTION LAW zM c r-- `? cn?' -<T> - CD M ?p Q , ROBERT ANDERSON IV r- M v ?o IN CUSTODY _ DEFENDANT r'a ' --a r ......? r'a L!3 ''.3 ORDER OF COURT AND NOW, Friday, July 15,_2011 , upon consideration of the attached Co mplai nt, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, August 11, 2011 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. 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/ ac ueline M. Verne 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 1 32 South Bedford Street (,vl Carlisle, Pennsylvania 17013 Telephone 717 249-3 166 ?o? y rn 7119??i A/C TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2005-5060 ROBERT ANDERSON, IV, : CIVIL ACTION - LAW ?? Petitioner/Defendant : IN CUSTODY,,; = r AFFIDAVIT OF SERVICE _> C-) I, Shawn M. Curry, being duly sworn, deposes and says that I am an adult and *@ se ved . within Petition for Modification (filed July 8, 2011) and Order of Court (filed July 18,01on&- Plaintiff, at the Plaintiff's last known address as follows: 517 Cherry Court, Carlisle, Pennsylvania 1713 by certified mail, restricted delivery, return receipt requested on the 23`d day of July, 2011. The Certified Mail Receipt and PS Form 38111 is attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: June 28, 2011 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND COLGAN & ASSOCIATES, LLC By: Shawn M. Curry, Esquire On this, the 28`x' day of July, 2011, before me, a notary public, personally appeared Shawn M. Curry, Esquire to me or satisfactorily proven to be whose name is subscribed to the within Affidavit and acknowledged that he executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARIAL SEAL SHARON A SHEAFFER Notary Public HAMPDEN TWP. CUMBERLAND COUNTY MY COMMISSion EXPIM Feb 15, 2012 4) ARY P C My Commission Expires. ¦ Complete items 1, 2, and 3. Also complete Slgrrature item 4 ff Restricted Delivery Is desired. UJL4-,Z? • Print your name and address on the reverse x so that we can return the card to you. ¦ Attach this card to the back of the mailplece, by ( Pllnted or on the front If space permits. rY ? LL 1. Article Addressed to: T'WI'T wnth 51 DouAr- C?Mts??? ? Agent C. Date of " delivery ed dffferent from Item 11 ? Y H YES, enter delivery address below: ? No Service Men ? E,.. Mao )KPwtftd E3 %*ww ? Insured Mail X6tum%celpt for Merdrandtse ? C.O.D. 2. Artk?e Number 4' fylCted De N" (F_xtta Fee) Yes ffftww from SW%t, bw PS Form 3811, February 2004, Dom taeturn RecelPt fog aa.M.15ft EXHIBIT "A" 1) IN THE COURT OF COMMON PLEAS OF TUNURAH A. HADI, Plaintiff : : CUMBERLAND COUNTY, ENNSYLVANIA n ?2005-5060 CIVIL ACTION - LAW m c? ROBERT ANDERSON, IV, IN CUSTODY Defendant - .' ORDER OF COURT AND NOW, this 1$AW day of , 2011, upon , it is ordered and directed as consideration of the attached Custody Conciliati n Report follows: 1. A Hearing is scheduled in Court Ro No. 3 , of the Cumberland County Court House, on the (V day of d , 2011, at J.'00 o'clock, P . M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the Hearing date. 2. The Order of Court of the Honorable Edward E. Guido dated March 27, 2008 is hereby vacated and replaced with the following. 3. The Mother, Tunurah A. Hadi shall have sole legal custody of Rahqib Anderson, born December 20, 2002. Mother shall provide all information regarding medical, educational and religious matters to Father in a timely manner. 4. Mother shall have primary physical custody of the child. 5. Father shall have periods of partial physical custody from October 3, 2011 to October 9, 2011, for 2 hours every evening after school and for eight hours on Saturday and Sunday. Father shall be responsible for all transportation. 6. Mother shall provide a working telephone number where the child may be reached every Wednesday at 8:00 p.m. Father shall initiate the phone call and Mother shall assure that the child is available to speak with Father. 7. Neither party shall do or permit a third party to do, or say anything that would estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. r-- rn ? 711 caci L -1 8. 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. BY THE , Edward E. Guido, J. f pQ cc: Shawn M. Curry, Esquire, Counsel for Father copies ? Amy Hirakis, Esquire, MidPenn Legal Services, Counsel for Mother f TUNURAH A. HADI, Plaintiff V. ROBERT ANDERSON, IV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLVANIA 2005-5060 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH 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 Rahqib Anderson December 20, 2002 Mother 2. A Conciliation Conference was held August 11, 2011 with the following individuals in attendance: The Father, Robert Anderson, IV, by telephone, with his counsel, Shawn M. Curry, 111, Esquire, and the Mother, Tunurah A. Hadi, with her counsel, Amy Hirakis, Esquire, MidPenn Legal Services. 3. The Honorable Edward E. Guido previously entered an Order of Court dated March 27, 2008 providing for Mother to have sole legal custody and primary physical custody, with Father having periods of supervised visitation as agreed. 4. Father's position on custody is as follows: Father seeks shared legal custody, with Mother having primary physical custody and Father having periods of partial physical custody. Father is in the military currently stationed in Alaska. He opposes supervised visitation, asserting that he is a responsible parent. He denies that he would fail to return the child to Mother. He would like periods of partial physical custody during the summer and when he would travel to this area. 5. Mother's position on custody is as follows: Mother seeks to maintain the status quo. She asserts that Father previously threatened to not return the child during his visits. Mother also maintains that Father has not had any physical contact with the child and had only limited telephone contact with the child since the previous Order. 4. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting Father telephone contact and a period of partial physical custody when he travels to this area. It is expected that the Hearing will require one-half day. 3-12- tl Date ac eline M. Verney, Esquire Custody Conciliator TANURAH A. EL-HADI Plaintiff, V. ROBERT ANDERSON, IV, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5060 CIVIL ACTION- LAW -v3 to IN CUSTODY x>r-, _zQ 2 -i ORDER a C G'7 N -v 3C N CM "Urn :U o, o© oC") -f r1n A AND NOW, this a day of August 2011 upon consideration of MidPenn Legal Services' Petition for Leave to Withdraw, such relief is hereby GRANTED. By the Co • -----. Edward E. Guido, Judge Distribution: Amy Hirakis, Esquire MidPenn Legal Services 401 East Louther Street Carlisle, PA 17013 Shawn Curry, Esquire 130 W. Church Street, Suite 100 Dillsburg, 17019 v Tanura El-Hadi 517 Cherry Court Carlisle, PA 17013 ?5/o 3 TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2005-5060 ROBERT ANDERSON, IV, : CIVIL ACTION - LAW Petitioner/Defendant : IN CUSTODY ~7 r ~ ro ~ ° Ts ~ ~ 'i -°r" _(ZD PETITION FOR FINAL ORDER ~ . ADOPTING AGREEMENT OF PARTIES AND NOW COMES, Robert Anderson, IV, by and through his attorney, Shawn M. Curry, of Colgan & Associates, LLC, and files the instant Petition for Final Order Adopting Agreement of Parties, and in support thereof, avers as follows: 1. The Petitionex filed a Petition to Modify Custody and a Trial was scheduled to I ~ occur before this Honorable Court on October 6, 2011. 2. At that time, the parties appeared, reached an agreement, and the trial was cancelled pending a Final Order memorializing the same. 3. The agreement of the parties is as follows: a. The parties shall have shared legal custody. b. Mother shall have primary physical custody. c. Father shall have periods of partial physical custody as follows: (i) Father shall have the right to visit the minor child for the period of one (1) week twice annually while school is in session. These visitations shall occur in Pennsylvania and the minor child shall stay with Father overnight during the course of that week. However, Father shall give Mother thirty (30) days written notice of his intent to exercise such visitation and the dates that he will exercise the same. (ii) Father shall have the right to exercise partial custody of the minor child for a consecutive thirty (30) day visit to Father's home during the minor child's summer break. Father shall provide Mother thirty (30) days written notice of the dates he intends to exercise such visitation. Father shall be responsible for a11 transportation for the visit and all costs associated with the same. ' d. Father shall be permitted to contact the minor child on the cell phone provided by Father or working telephone number maintained and provided by Mother every Wednesday at 8:00 p.m. If Mother's telephone number changes, she shall provide Father with a new working number. Father shall initiate the phone call and Mother shall assure that the child is available to speak with Father. However, this shall not restrict or limit the child's ability to otherwise contact Father using the cell phone provided by Father. e. Neither party shall do or permit a third party to do, or say anything that would estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 4. Undersigned counsel has provided this Petition to opposing counsel, Karl E. Rominger, Esquire, for his review and he concurs with the representation of the agreement set forth herein. WHEREFORE, Petitioner respectfully requests This Honorable Court adopt the parties' , . agreement as a Fina1 Order. Respectfully submitted, COLGAN & ASSOCIATES, LLC By: Shawn M. Curry, Esquir Attorney ID # 202061 ~ 130 West Church Street ' Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: ~ ~ 1 • TUNURAH A. HADI, : IN THE COURT OF COMMON PLEAS Respondent/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. . : No. 2005-5060 ROBERT ANDERSON, IV, : CIVIL ACTION - LAW Petitioner/Defendant : IN CUSTODY CERTIFICATE OF SERVICE I, Shawn M. Curry, Esquire, do hereby certify that on this date, I served a true and correct I copy of the Petition to the following individual, via United States First Class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Respectfully, COLGAN & ASSOCIATES, LLC By: Shawn M. Curry, Esquire ID # 202061 130 West Church Street Dillsburg, PA 17019 ~ (717) 502-5000 Dated: ~ l 0 TUNURAH A. HADI, Respondent/Plaintiff VS. ROBERT ANDERSON, IV, Petitioner/Defendant AND NOW THIS eday of : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-5060 CIVIL ACTION - LAW IN CUSTODY CM < -,m ? rz n? ? 3 ORDER OF COURT X C) n 'cam N 2011, ~" upon consideration oAhectac* Petition, this Honorable Court adopts the parties' agreement as follows: a. The parties shall have shared legal custody. b. Mother shall have primary physical custody. Father shall have periods of partial physical custody as follows: (i) Father shall have the right to visit the minor child for the period of one (1) week twice annually while school is in session. These visitations shall occur in Pennsylvania and the minor child shall stay with Father overnight during the course of that week. However, Father shall give Mother thirty (30) days written notice of his intent to exercise such visitation and the dates that he will exercise the same. (ii) Father shall have the right to exercise partial physical custody of the minor child for a consecutive thirty (30) day visit to Father's home during the minor child's summer break. Father shall provide Mother thirty (30) days written notice of the dates he intends to exercise such visitation. Father shall be responsible for all transportation for the visit and all costs associated with the same. d. Father shall be permitted to contact the minor child on the cell phone provided by Father or working telephone number maintained and provided by Mother every Wednesday at 8:00 p.m. If Mother's telephone number changes, she shall provide Father with a new working number. Father shall initiate the phone call and Mother shall assure that the child is available to speak with Father. However, this shall not restrict or limit the child's ability to otherwise contact Father using the cell phone provided by Father. 3 e. Neither party shall do or permit a third party to do, or say anything that would estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. BY THE C Edward E. Guido, Judge Distribution: n Wk ? Karl E. Rominger, Attorney for Mother ? Shawn M. Curry, Esquire, Attorney for Father