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HomeMy WebLinkAbout00-00247 j. ..".-' -'~""'~'-~-"'-'" _"'~~___~i,;",,,j <,'''"_ . "'! . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff . . NO. .;;a::I::> - .;;]'1/ 4;J v. MILAGROS RODRIGUEZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before 5 G, , the Conci] ; ator, at on the ~ day .m., 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. BY THE COURT: fit!, ()1J,'/41..d A,~~ f' ~ . Custody Conciliator '--D YOU SHOULD TAKE THIS' PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE .l\. LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled .indi viduals having business before the Court, please contact the office set forth above. 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. . F~LFU--O;-!=iCr- '.,~.." ."'::;('-' RY ",__,';, ',__,:':,-,JltlJ Q1f1u ,1,?j~1 2R Pid I'?' ,~ ." _ -' t i l . ;,_4 "U' "I'" Li Mbc:riU\~\JC: COUNTY PEi\lNSYLVANIA l.;Jff.tJt) &d. tZPJ1 "~ Z ,.(.5. /:d'?~,c:! '7-r~ _frl~ h, T' /c)f'O{J t6Yt~ h df ~fr .'" ,,<8. "UJIIII ~ ~I!lffm~ -- ~~~~ ,-l~ ~_ !"- ~ '"fl-\i - , .- , ,,__, ,&",'1''''- , '-,; .;" ~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff v. : NO. .2C-UV - :2 lj '7 ~-r.e,u.- MILAGROS RODRIGUEZ, Defendant IN CUSTODY COMPLAINT FOR CUSTODY ..., ROW, Chi, I ~ ""--daY of ~~ '000, o~e' the Plaintiff, CARL EDEN, by and through his attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint for Custody, and in support thereof avers as follows: 1. The Plaintiff is CARL EDEN whose current address is 58 West Main Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MILAGROS RODRIGUEZ whose current address is 567 East 108th Street, Apartment #4A, Brooklyn, New York. 3. The Plaintiff seeks primary physical and shared legal custody of the following child: MEKHI NEVIN EDEN, born May 11, 1999 4. The child was born out of wedlock 5. Plaintiff currently resides alone. 6. Defendant currently resides with her mother and the minor child. 7. During the lifetime of the child, he has resided at the following addresses. with the following persons: Time Address Wi th Whom birth-9/99 1328 State Street Apartment #2 Harrisburg, PA Plaintiff/Defendant 9/99-10/99 58 West Main Street Apartment #2 Mechanicsburg, PA Plaintiff/Defendant 10/99-present 567 East 108u Street Apartment #4A Brooklyn, New York Defendant/Defendant's mother 8. The father of the child is CARL EDEN. He is unmarried. 9. The mother of the child is MILAGROS RODRIGUEZ. She is unmarried. 10. The Defendant filed a petition for Writ of Habeas Corpus with the Family Court of the State of New York, County of Kings, to docket number V-28609/99, concerning the return of the minor child to the State of New York. (a copy of the petition is attached hereto, incorporated by reference herein, and marked as Exhibit "A") . 11. The Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 12. The Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. The Plaintiff is aware of the Petition filed by Defendant in the State of New York which is attached to this Complaint. 13. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 15. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical and shared legal custody of MEKHI NEVIN. , -' -'" ""T^ '..,~}, ,>,,'~ "';L ,C ' - 0_' _ ~ ,_ 'I' - ~'!l- WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical and shared legal custody of MEKHI NEVIN EDEN. Respectfully submitted, Maryann urphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff ~ ri ~j~."'- l '- ".,l - .'".- ... ," f" t Gf23 12/97 #-'7Ig - G,c/3 ~ d(; ~O FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS In the Matter of a Proceeding under Article 6 of the Family Court Act MlLAGROS RODRIGUEZ Petitioner, Docket No. V-28609/99 v. WRIT OF HABEAS CORPUS CARL N. EDEN Respondent, NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF TIlE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WIlICHEVER IS EARLIEST. TO: CARL N. EDEN ADDRESS: 58 W. MAIN ST APT 2 MECHANICSBURG, PA, 17055-0000 A petition having been filed in this Court by MILAGROS RODRIGUEZ, of 567 E. 108 ST APT 4A, BROOKLYN, NY, 11236-0000, the petitioner herein, alleging that MEKHI N. EDEN is wrongfully and unlawfully held by you, it is hereby ORDERED that the minor MEKHI N. EDEN, be produced by you before the Honorable NORA L. FREEMAN, a Judge of the Family Court of the State of New York at 283 Adams St. Brooklyn, NY, on January ~4, 2000 at 9:00 A,M. for such further proceeding as the Court may direct, and it is further ORDERED CHILD TO BE IMMEDIATELY RETURNED TO PETITIONER MOTHER. Dated: December 28, 1999 ENTER HO:~~' J.F.C. EJh;b~+ AI' l! -"", , 1',- , , ".. Form GF-22 12/97 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS In the Matter of a Proceeding under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner Docket No. V-28609/99 v. PETITION FOR WRIT OF HABEAS CORPUS CARL N. EDEN . Respondent TO THE FAMILY COURT: . The undersigned Petitioner respectfully shows that: 1. Petitioner, MILAGROS RODRIGUEZ resides at 567 E. 108 ST APT 4A BROOKLYN, NY 11236-0000 and is the MOTHER of MEKHI N. EDEN, whose date of birth is May 11, 1999 and who is the subject of this application. 2. Respondent, CARL N. EDEN resides at 58 W. MAIN ST APT 2 MECHANICSBURG, PA 17055-0000 and is the FATHER of the minor. 3. The aforesaid minor is in the possession and control of the Respondent and has been since December 26, 1999. Respondent wrongfully and unlawfully removed said minor from the custody of the Petitioner in that: Resp did forcibly take the child from the custody of petr on above date. Resp did remove the child to Mechanicsburg, PA. . 4. petitioner has requested the return of said minor from Respondent and Respondent has failed and refused to return said minor to the custody of the Petitioner. 5. Said minor is not subject of any order, mandate, judgement or decree of any court of competent jurisdiction nor has any appeal been taken from any such order, mandate, judgement or decree, nor does any court or judge of the United States have exclusive jurisdiction to order said minor released. 6. The custody of the minor should be returned to the Petitioner, in that: Petr seeks the immmediate return of her child, Mekhi N_ Eden, 5-11-99. WHEREFORE, Petitioner prays for a Writ of Habeas Corpus directed to the Respondent, commanding said Respondent to produce "l...;,~~,.~~,:,: . . _ . . . Page: 2 'Docket No: V-28609/99 PETITION FOR WRIT OF HABEAS CORPUS the minor in this Court, in order that Petitioner may be given said minor. Dated: December 28, 1999 ~ tltio r ~ MILAGROS RODRIGUEZ Signature of Attorney, if any J Attorney's Name (Print or Type) Attorney's Address and Telephone Number .. . . . . STATE OF NEW YORK ) COUNTY OF KINGS ) ,'-: . ~d "I. .., , . " ,;, Page: 3 Docket No: V-28609/99 PETITION FOR WRIT OF HABEAS CORPUS VERIFICATION , ss. : MILAGROS RODRIGUEZ, above named being duly sworn, deposes and says: I am the Petitioner in the within action; that I have read and know the contents of the foregoing Petition; that the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and that as to those =tte=. I be1i~ it to.~ ~O:r- J Sworn to before me on: December 28, 1999 ~t&K Court Ass~stant " ,~ -,I _' J_ ,,- y r GPiBTemp At a term of the Family Court of the State of New York, held in and for the County of Kings, at 283 Adams St., Brooklyn, NY 11201, on December 28, 1999 PRE S E N T: Hon. NORA L. FREEMAN Judge In the Matter of a Proceeding for Custody and/or Visitation under Article 6 of the Family Court Act Docket No. V-28609j99 MILAGROS RODRIGUEZ Petitioner, -against- TEMPORARY ORDER DIRECTING CUSTODY CARL N. EDEN Respondent, NOTICE: PURSUANT TO SEC';rION 1113 OF TIlE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. The petitioner(s) hereiri having filed a petition on December 28, 1999 pursuant to Section 651 of the Family Court Act, requesting an order awarding custody of the minor child(ren) named therein; and The matt.er nav:wg uU.l.y come on to be heard before this Court; NOW, it is hereby ORDERED that temporary custody of: MEKHI N. EDEN is hereby granted to MILAGROS RODRIGUEZ until January 14, 2000. . -'~" . ill "'J' : "< .., ,.' ','r, "..."..-.;.. ..', . ~.-:' .- .',' er ,28;'; 1999 ..,......-,,{.' ._..~~.' '.-. '.' ,,;,,_ ..,0 - ' '." ,,;-.....",.,,. i;'.';,r ;,~ ~)~~tr.~#~~~;~:f~l~:~~'~; .. " ..h.,. 'Hon. APPLICABLE LINE: ,~rQ.;e:erJllailed on(specify date(sl and i"iii'a'il'ed) : ," ';O'''Qraerreceived in court on (specify date (5) and to whom ,":":o:::":"''''''::~'::;''-:: "':'91' v'e, 'n)' ":,,,.., , ,-'" " ~. ....;.!.r-:-;.;or.;;'::.~..,;.~-;.-:-".~..~....:..,~.....'-.: .1~F~~~~~~~~~~f:~;\ ~~ ~1f,:~~j~~'/;;Sff'i~~"~:S :;'~ .".,. .' :;. ~ ~' ' ,,- "I '-L,- ;i VERIFICATION I, CARL EDEN, verify that the statements made in the foregoing Custody Complaint 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. d1(~ ><' ".',- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff . . vs. NO. MILAGROS RODRIGUEZ, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant, MILAGROS RODRIGUEZ at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Milagros Rodriguez 567 East 10Su Street Apartment #4A Brooklyn, N.Y. 11236 Respectfully submitted, Maryann urphy, Legal Services, S Irvine Row Carlisle, PA 17013 (717) 540-S600 I.D. # 61900 ;;'''-'"'~'-'MU~ - l_.IlI'~"= ~1IIrl1lfillll~~"-~~ -~!ii oliIiiI" . ~~..'-<o . d g Cl 0 c::> -1'1 k ~ '- ".:J -o';p "'" f~1~ (11{', ;1: Z;X.) - ..,...\11 'Jl ZC: w :by CfJ e... -:3(:) ::<../.'" ~o _"....',.1 Till" .,:l..- --n ~ "ZO -.r j~)(~ - ?'rr1 $2 '!? O' CO-\ ~ - 55 0:> :.< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff : NO. .JWO'- ,)ll7 tuJ v. : IN CUSTODY MILAGROS RODRIGUEZ, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, CARL EDEN, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. L1u ~~ Maryann . urphy, Esqurre Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 J.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff .J..,riTD - ;;2. '/ '7 G;,;;) -r ~ : NO. v. : IN CUSTODY MILAGROS RODRIGUEZ, Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am CARL EDEN, the Plaintiff in the above matter and because of my fInancial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: CARL EDEN Address: 58 West Main Street. Apartment #2. Mechanicsburg. PA 17055 (b) Social Security Number: 161-56-3812 If you are presently employed, state Employer: P.L.S. Address: 1000 Sycamore Street. Harrisburg. PA Salary or wages per month: $ 774.00 Type of work: accounting clerk I,. If you are presently unemployed, state N/A Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A ," "'1," If your (husband) (wife) is employed, state Employer: ."" ;;".,'"1,,., '-""0__"" Salary or wages per month: Type of work: Contributions from children: -0- (e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -O- Real Estate (including home): -0- Motor vehicle; Make Honda Accord Year 1988 Cost $500.00 Amount owed -0- Stocks; bonds: Other: (t) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: -0- -0- -0- $350.00 $ 35.00 $680.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A 0";;'0- '_,'0 ~ ,~ " - .' , .+ c" Children, if any: Name: MEKHI Age: 8 mos 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit 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: J /;) /rJO /~c" I", --~ CARL EDEN iiIt""~-~ <. ,","', ...... ~'~~~~" ~~ u , ~,,~'>, !o..W3 ",ji ',~ . " """}o~',,""" '.," ~ . " \," ''''':1 () 0 ~ c: 0 $~ '- ..., "UtA] ;r,.. .:r: "'1'1 ITlrn ;;e (11....:_ r- 7-r-l ~(1rn Zl;': --)6 5:22: w l~f ~t~'1 :I>o :"::J:~i ~~ _L......) ~o :x 0-'- 20 >0 I.D Om c: .. );! :z =< 0:. ~ ~.iIi:l 01/24/2000 09:50 718-543-5103 BKLYN FAMILY COURT PAGE 01/03 .,.... . ..# Jlf amillZ QIcurt of tIle ~tate of ~efn l!odt ClIittI of ~efn 'iork c~AMaERS 263 ADAMS STREET BROOKLVN, !\LV, 11201 Fax # 718-643-5103 Tel, # 718-643-4546 TO: F.AX TRANSMISSION SHEET 110 "0"'4'6(<.. F.::./~A'..I E. c." "./0 .- FROM: CI,,,:.dvp'- w. (~~ / ~u.;.. 4H.,"~7 I. fz... #...."..,61.. /V,,/., F.-"........., / /2. 'f/O () I ' DATE: FAX NUMBER: hi 'J) J- 'to- {, ~6 '-- NUMBER OF PAGES (Including Cover Sheet): 3 OTHER ACTION TO BE TAKEN - AND/OR COMMENTS: 7h... /-Jo~cV'../"I... AI".-", ;t:.V'",~...., '</., k...I ..,~ 1. +:<'" <4o<f , / eJ ,...4_ 8.r D::" ,...;.u~/ ;... f1.... A'/q7k,.. 0 t. q c "1'7 rJ /. -f-1v,. q+kc:/~.e.I . RO~""5t(..,z v. u....., I Er",,,kl;-' Doc,l(..yf;Va, //-2 N, 0 "1'/1"1, n<?~f )1(1'1. -1;;... !el)>' 1.l11e-:/,~ -h, f-1,..', ....,~" PRIVILEGED & CONFIDENTIAL The information contained in this facsimile message is legally privileged material intended for the sole use of the individual named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution of copying of this message is strictly prohibited, If you have received this rnessage in en"or, immediately notify us by telephone and return the originaf message to the addresS above via the United States Postal Service. 01/24/2000 09:50 718-543-5103 BKLYN FAMILY COURT l PAGE 02/03 . ", ~ General Form 16 (Order of Dismissal), 12/97 PRESENT: . Hon. Judge/Hearing Examiner At a term of the Family Court of the State of New York, held in and for the County of 1L;"9J , at ~..".u~~"", New York on 'l'c.I, 2l<'\t.~ Docket No, II - zttDcY7 /9'3 In the )Maner of a Proceeding under Article (p of the Court Family Act m;\"1I'US ~i!ft.z.. ; - If" ,. .~J CJ<IA., '-'II"" '-"'" - -7 Respondent. ORDER OF DISMISSAL A petition under Article (p of the Family Court Act, sworn to on Iz./ 1-1' 199/ having been filed in this Court alleging that the above-named Resll-ondent l.lw\\~"'" ~l~",t#f ~~~\o\ Y"lt.It-'-'i N. off""! and the maner having duly come on to be heard before this Court and (the Petitioner) ~ ~\.l;Q,s~ (and) (the Respondent) (,^,,;th MllMIi) (having appeared); NOW, after examinatioll and inquiry into the facts and circumstances of the case fillJilQ."" . l1:t1w BBariAg thF> pTf\nfc;: ~nn tpstimonv offered in relaT1nn thp.rp.~ it is hereby ADJ\lDG~n that the allegations orille petitiop have not been establi~hed: iT i< thprpfM~ ORDERED that the petition herein be and the same hereby is dismissed (without s- prejud~ce~ loG...:) eo<.. O"'l'\ IA. t. c.:!. fr.) !'f~ ~ \)In''''': t.~/. ~ 7 , 01/24/2000 09:50 718-643-5103 BKLYN FAMILY COURT ./ General Form 16 Page 2 IF TE\1S ORDER IS ENTERED BY A JUDGE, PURSUANT TO SECTION 1113 OF THE F AMIL Y COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 30 DAYS AFTER SERVICE BY A PARTY OR THE LA WGUARDIAN UPON THE APPELLANT OR 35 DAYS FROM mE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, WHICHEVER IS EARLIEST. IF TillS ORDER IS ENTERED BY A HEARING EXAMINER, SPECIFIC WRITTEN OBJECTIONS TO mIS ORDER MAY BE FILED WITH TIllS COURT WITHIN 30 DAYS OF THE DATE THE ORDER WAS RECEIVED IN COURT OR BY PROFESSIONAL SERVICE. OR IF THE ORDER WAS RECEIVED BY MAIL, WITIDN 35 DAYS OF THE MAILING OF THE ORDER. ENTER 1J~ Dated: I I'~ J<f11J, PAGE 03/03 Cheyk applicable box: 1:.J 1. - I,s)e!?) wClrder mailed On [specify date(s) and to whom mailed): I r~. -- I o Order received in court on [specify date(s) and to whom given): ", j.- ." ~L COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY EDWARD E. GUIDO JUDGE COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6290 FAX (717) 240-6462 JANUARY 14,2000 MEMO TO: THE HONORABLE NORA FREEMAN FROM: THE HONORABLE EDWARD GUIDO INRE: EDEN V. RODRIGUEZ Pursuant to our phone conversation this morning, herewith is a copy of the petition and attachments, before me. Please call me at your convenience at (717) 240-6290. My fax # is (717) 240- 6462. '''''-';~,","'"",,,,,,,,,,,,,,,,,~,,,,,~,",,,,,,,,,,,,,,,,.", .~~ (~ri~r~ .'l~_~,r l';ti-' ~T't . r-1J _ lI''''",.iIIO!I;''~#~lf~~r~ ,1'~' " '~""'iii\\':tfJ4Ji~iIl'<IIli~,Jl; . n'IP;;{""-i>'..,,,,,,,';;,<<-,~~, . . , , , I r , t, G J. AY0f u IU~ r.l(p"'~" ~ : / ( ~ v Lj i - - ~: ,: e I' I!; i i:1 ~: ," , , -1/ tf t/3 IJ ~ - , , . - - '" . ".,~ " ~. ~~""" 01/14/00 FRI 10:37 FAX 2406462 CliMB/COUNTY COURTS ~001 ********************* * ** TX REPORT ** *, ********************* TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION In ST, TIME USAGE T PGS, SENT RESULT 3633 ~71B6435103 01/14 04'13 15 OK 10:33 COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT CVMSERLANO COUNTY EDWARD E. GUIDO JUDGE COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) :240-62510 FAX (717) 240-6462 JANUARY 14,2000 MEMO TO: THE HONORABLE NORA FREEMAN FROM: THE HONORABLE EDWARD GUIDO INRE: EDEN V. RODRIGUEZ Pursuant to our phone conversatiol1 this morning, herewith is a copy ofthe petition and attachments, before me, Please call me at your convenience at (717) 240-6290. My fax # is (717) 240- 6462, " k ,c I,,~ '" ""L IN 'l'HE COURT OF COMMON PLEAS OF ctJMBERLAlm COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff : v. : NO. OIQX:> - ;l t../ 7 -&;/ MILAGROS RODRIGUEZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the Conciliator, at on the day of , 2000, at ___.m., 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. BY THE COURT: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVEIlIUlS CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the office set forth above. 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. "'" ., _ ;,-'0i' IN THE COURT OF COMMON PLEAS OF CtlKBERLAND COUNTY, PENHSYLVANIA CIVIL ACTION - LAW CARL EDEN, I Plaintiff . . I v. . NO. . . . MILAGROS RODRIGUEZ, . . Defendant . IN CUSTODY . COMPLAINT FOR CUSTODY I/-C ( AND NOW, this I 8 day of " i 2000, comes the Plaintiff, CARL EDEN, by and through his attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and respectfully files this Complaint fo~ Custody, and in support thereof avers as follows: 1. The Plaintiff is CARL EDEN whose current address is 58 West Main Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MILAGROS RODRIGUEZ whose current address is 567 East 108th Street, Apartment #4A, Brooklyn, New Yo~k. 3. The Plaintiff seeks primary physical and shared legal custody of the following child: MEKHI NEVIN EDEN, born May 11, 1999 4. The child was born out of wedlock ~ ~ _,l,," I~ .'~'r' 5. Plaintiff currently resides alone. 6. Defendant currently resides with her mother and the minor child. 7. During the lifetime of the child, he has resided at the following addresses with the following persons: Time Address With Whom birth-9/99 1328 State Street Apartment #2 Harrisburg, PA Plaintiff/Defendant 9/99-10/99 58 West Main Street Apartment #2 Mechanicsburg, PA Plaintiff/Defendant 10/99-present 567 East 108th Street Apartment #4A Brooklyn, New York Defendant/Defendant's mother 8. The father of the child is CARL EDEN. He is unmarried. 9 . The mother of the child is MILAGROS RODRIGUEZ. She is unmarried. 10. The Defendant filed a Petition for Writ of Habeas Corpus with the Family Court of the State of New York, County of Kings, to docket number V-28609/99, concerning the return of the minor child to the State of New York. (a copy of the Petition is attached hereto, incorporated by reference herein, and marked as Exhibit , "~,', J, 'I ~ ^ '~ L,', W ',I" J..~~c, "A") _,. 11. The plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court, except as set forth above. 12. The plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. The Plaintiff is aware of the Petition filed by Defendant in the State of New York which is attached to this Complaint. 13. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child, or claims to have custody or visitation rights with respect to the child. 14. Each parent whose parental rights to the child have not been terminated, and the persons who have physical custody of the child, have been named as parties to this action. There are no other persons known to have or claim a right to custody or visitation of the child and therefore, no further notice of the pendency of this action and the right to intervene shall be given, other than to the parties named herein. 15. The best interest and permanent welfare of the minor child will be served by granting Plaintiff primary physical and shared legal custody of MEKHI NEVIN. - ~, I ' L ~ "' -." ~ _.-0 - ~ ~""'i,i WHEREFORE, Plaintiff requests this Honorable Court to grant him primary physical and shared legal custody of amr NEVJ:N EDEN. Respectfully submitted, \.;n\ Ov~a."'VA.- \..\\U~~Y.' Maryann 'Murphy, Esquire (j Legal Services, Inc. B Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff " . ... I. .f" GF2.3 12/97 #- '7/ g - ~1./3 '" dc,r;O FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS In the Matter of a Proceeding under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner. Docket No. V-2B609/99 v. WRIT OF HABEAS CORPUS CARL N. EDEN Respondent. NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 30 'DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. ;' " \ 'I I I i I i , I I TO: CARL N. EDEN ADDRESS: 58 W. MAIN ST APT 2 MECHANICSBURG. PA, 17055-0000 A petition having been filed in this Court by MILAGROS RODRIGUEZ, of 567 E. 108 ST APT 4A. BROOKLYN, NY, 11236-0000, the petitioner herein, alleging that MEKHI N. EDEN is wrongfully and unlawfully held by you, it is hereby ORDERED that the minor MEKHI N. EDEN, be produced by you before the Honorable NORA L. FREEMAN, a Judge of the Family Court of the State of New York at 283 Adams St. Brooklyn, NY. on January ~4. 2000 at 9:00 A.M. for such further proceeding as the Court may direct, and it is further ORDERED CHILD TO BE IMMEDIATELY RETURNED TO PETITIONER MOTHER. Dated: December 28, 1999 ENTER HO~~' J.F.C. E,~J'\lbl+- All l( -C', ,'''','' --",'.'. . ~ .1 Fo~ GF-22 12/97 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS , In the Matter of a Proceeding under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner Docket No. V-28609/99 v. PETITION FOR 1'IlUT OF HABEAS CORPUS CARL N. EDEN . Respondent TO THE FAMILY COURT: . The undersigned Petitioner respectfully shows that: 1. Petitioner, MILAGROS RODRIGUEZ resides at 567 E. 108 ST APT 4A BROOKLYN, NY 11236-0000 and is the MOTHER of MEKHI N. EDEN, whose date of birth is May 11, 1999 and who is the subject of this application. 2. Respondent, CARL N. EDEN resides at 58 w. MAIN ST APT 2 MECHANICSBURG, PA 17055-0000 and is the FATHER of the minor. 3. The aforesaid minor is in the possession and control of the Respondent and has been since December 26, 1999. Respondent wrongfully and unlawfully removed said minor from the custody of the Petitioner in that: Resp did forcibly take the child from the custody of petr on above date. Resp did remove the child to Mechanicsburg, PA. . 4. Petitioner has requested the return of said minor from Respondent and Respondent has failed and refused to return said minor to the custody of the Petitioner. 5. Said minor is not subject of any order, mandate, judgement or decree of any court of competent jurisdiction nor has any appeal been taken from any such order, mandate, judgement or decree, nor does any court or judge of the United States have exclusive jurisdiction to order said minor released. 6. The custody of the minor should be returned to the Petitioner, in that: Petr seeks the immmediate return of her child, Mekhi N. Eden, 5-11-99. WHEREFORE, Petitioner prays for a Writ of Habeas Corpus directed to the Respondent, commanding said Respondent to produce , , - l.~~~..:-,' 2' Page: 2 Docket No: V-28609/99 PETITION FOR WRIT OF HABEAS CORPUS ! the minor in this Court, in order that Petitioner may be given said minor. Dated: December 28, 1999 ~ tJ.t::J.O r ~- MILAGROS RODRIGUEZ Signature of Attorney, if any J Attorney's Name (Print or Type) Attorney's Address and Telephone Number ,', _'i Page: 3 Docket No: V-28609/99 PETITION PaR WRIT OF HABEAS CORPUS .. VERIFICATION , STATE OF NEW YORK ) ': ss.: COUNTY OF KINGS ) J 11,>, MILAGROS RODRIGUEZ, above named being duly sworn, deposes and says: I am the Petitioner in the within action; that I have read and know the contents of the foregoing Petition; that the same is true to my own knowledge, except as to matters therein stated to be alleged on tnformation and belief, and that as to those matters, I believe it to ,~4/..A ~ pe~ Or J Sworn to before me on: December 28, 1999 ~!::( ~l -,'- <"-" - ~,-.""'~Iq GP-~Temp At a term of the Family Court of the State of New York, held in and for the County of Kings, at 283 Adams St., Brooklyn, NY 11201, on December 28, 1999 . PRE S E N T: Hon. NORA L. FREEMAN Judge In the Matter of a Proceeding for Custody and/or Visitation under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner, -against- Docket No. V-28609/99 TEMPORARY ORDER DIRECTING CUSTODY CARL N_ EDEN Respondent, NOTICE: PURSUANT TO SEcrION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35. DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CI.jmK OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GtmRDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. The Petitioner(s) herein having filed a petition on December 28, 1999 pursuant to Section 651 of the Family court Act, requesting an order awarding custody of the minor child (ren) named therein; and The matt.er llaVJ..I1g uUJ..y come on to be heard before this Court; NOW, it is hereby ORDERED that temporary custody of: MEKHI N. EDEN is hereby granted to MILAGROS RODRIGUEZ until January 14, 2000. .-'J,;. '., ~'~d ,Ii .' .' .. .....~ Hon. . .v.~, . --: ..,.i.... de APPLICABLE LINE: corder mailed on (specify date(s) r~i1ed)":'" (O~,Oraer received in court on (specify date (s) , '..g1~nl':'-"" . ., f~~~'~~~:-~~::::' and to whom '-".~:'_.'-'.' .. .':~.. ..: .....:.,,- ;.. ..,.;.. .;....;.;~r.;.:.~....-~.......~..~:....,.......: :'. :.-1:::....:-;':. :<:"":;'''':,!:-':.7:..','' .' '.r~'..,"'" .~..>, ';-.' .' ,'~" j,- J.., """'-"'''''j ." VERIFICATION I, CARL EDEN, verify that the statements made in the foregoing Custody Complaint 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. /1.I/;,/~' 1/-, A';'/' c( ~6ARL EDEN . . ,-'" -, ' .,' - --" IN 1mE COURT OF COHHOH PLEAS OF cmmEllLAHD COWIn, PDHSYLV1\NIA CIVIL ACTION - LAW CARL EDEN, . . : Plaintiff VB. : HO. . . MILAGROS RODRIGUEZ, Defendant . . : IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire. do hereby certify that on the day of I 2000 I served a true and correct copy of the foregoing Custody Complaint on the Defendant. MILAGROS RODRIGUEZ at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Milagros Rodriguez 567 East 108~ Street Apartment #4A Brooklyn, N.Y. 11236 Respectfully submitted, "h\cv~~L\J~l\- Maryann. urphy. Esqui e Legal Services. Inc. 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 1-, '"I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff/Petitioner v. No. QOOO - ~ 4-1-( ~ MILAGROS RODRIGUEZ, Defendant/Re$pondent IN CUSTODY ORDER OF COURT AND NOW, this :J 7~ day of ~"AN'" C1 consideration of the within petition for Special , 2000, upon Relief, IT IS HEREBY ORDERED AND DECREED that jurisdiction for purposes of custody of MEKHI NEVIN EDEN shall Pennsylvania. 0,.1 Pt..i,J+,r:'/"'t.'""IlEI.'~ A hearing'is scheduled for the remain in the Commonwealth of -,.MIIAP'I .J Fol. "Sn.~eJ ""1s i4'L e",sTo '1 day of ~ h~,,"<' '1 , ~,..~sr lf~ 2000 in Courtroom Number S'" of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania at ,:)0 /) ~ 7 d,'.*,(..L~cl +t; hc.iioJt rAc c.""'~ wl+-f1 ~. m. )eFt.,..Ao) t.",.,,~~.s + IS ,.. T'" J +-0 ~Aib h4!t:../fiAJC;. pf'nif; ng +-l\).9 h.c:::l"V"~"Sf phyC!; ,....~1 ,....1H:lrnny 1'"'0-1= tRB miRe... ,-,h~lJ. ie l&" .=tlA7~rdAn rt"'\ D.c+-itia,u,(...I" Au.] Ri:EI.?6......J............L G...:" v........ (,A.IL~;;..I"J..l(~,LIJ.i~ blwt::t::.Kr..ly ~:::lcdQ tAdt"n D~to;tiQ""""""r'g fiIElt r-.........:.......J L......l:..c~in 8:R l?3f!.s.ay .ILlWIL1~~ 11., ?nnn ~+- ~.nn p m ann RA~nonnAnt'~ first DAr;t"'\~ to...... ~2Si~ Q:R F~~day ~6,ntldr} 218, 2998 s.'S iiQ') !i.n.. '!'lJ.e !:"c;u..L} rl..E~i,,':'L,~ ........OJL""'J..l ....L,v..ll ,t'..........".:.J.... Ll....... L..I"Q,uo.t:-'......J...Lv..L.:._Iil. PAIl.-/;'tS. A let. S"'t..Jt../t d HL 6/IJC/I/AI-: ~A/ .3 - y- tJ(). &pW;J~ / - A.f7-oQ RK3 J. . ... ~~'.""'.r"~"'= lIlii-~.'~""~!il~r.i!i~ .~ ItlNIJ/ilASNN3d ALNn08 Of,i'jlH=JSvWl:) "7.-; " , tv .c., ~'~C I ? r'~L-fjl'"' nn l,.,-0." ......... )J:N10i~CH.!.CJ; '-:.,l;:;O 3~)U.:i()-(]TEJ , -- '"," ~. " .. " ~ ~ I <1{A:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, Plaintiff/Petitioner : . . v. : No. J-. ()()(!) - .;l tj. '1 ~ MILAGROS RODRIGUEZ, Defendant/Re$pondent IN CUSTODY PETITION FOR SPECIAL RELIEF-TEMPORARY ORDER PURSUANT TO PA.R.C.P. 1915.13 NOW COMES, CARL EDEN, Plaintiff/Petitioner, by and through his attorney, Maryann Murphy, Esquire, of Legal Services, Inc., and avers as follows: 1. Petitioner is CARL EDEN who resides at 58 West Main Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is unmarried and resides alone. 3. Respondent is MILAGROS RODRIQUEZ who resides at 567 East l08th Street, Apartment #4A, Brooklyn, New York. 4. Respondent is unmarried and resides with her mother, MARIA RODRIQUEZ. 5. Petitioner is the biological father of the minor child, MEKHI NEVIN EDEN, born in Cumberland County, Pennsylvania on May J." ",'" -"I 11, 1999. 6. Respondent is the biological mother of the minor child. 7. The parties resided at 1328 State Street, Apartment #2, Harrisburg, Dauphin County , Pennsylvania from the time of the child's birth until on or about September 1, 1999. 8_ On or about September 1, 1999, Petitioner, Respondent and the minor child moved to 58 West Main Street, Apartment #2, Mechanicsburg, Cumberland County, Pennsylvania where they all resided together until the middle of October, 1999_ 9. During these first five (5) months of the child's life while the parties were together, petitioner and Respondent shared all caregiving responsibilities for him. Petitioner cared for the child during the day; Respondent cared for the child at night. Both parties fed, bathed, changed and dressed the child. Both parties took the child to doctor's appointments. 10. On October 16, 1999, Respondent took the minor child to New York without giving petitioner notice. When petitioner called Respondent's mother, he was told that Respondent and the baby were visiting in New York for awhile. 11. On October 22, 1999, petitioner was served with a Protection from Abuse which was filed by Respondent in New York. 12. On December 22, 1999, petitioner went to New York to attend the hearing on the Protection from Abuse at which time Respondent told Petitioner she was withdrawing this action since she only filed it to obtain custody of their son. 13. On December 25, 1999, Petitioner, by request of Respondent, went to New York to see the minor child. He left with the child on December 26, 1999 since there was no custody order in effect and because he believed that any custody action should be determined in the Commonwealth of Pennsylvania. 14. When Petitioner tried to leave with the minor child, Respondent lunged at him with a nine inch knife. Petitioner was holding the parties' infant son at this time but was able to shield him from being injured. 15. On December 28, 1999, Respondent went to Petitioner's home with a Petition for Writ of Habeas Corpus from the Family Court of the State of New York, County of Kings. (The Petition is attached hereto, incorporated herein by reference and marked as Exhibit "A"). 16, A hearing is scheduled on January 14, 2000 on the petition filed by Respondent in New York. 17. The Order attached to the petition directed that the child be immediately returned to the State of New York with Respondent. petitioner complied with this Order and did return the child as directed. 18. petitioner avers that the Commonwealth of Pennsylvania has jurisdiction in this matter since the minor child resided here for the first five (5) months of his life, was removed from the Commonwealth by Respondent without Petitioner's consent, and has resided in the State of New York for only the last two and one-half (2 %) months, against the wishes of Petitioner. 19. petitioner requests that this Court grant temporary shared physical custody of the minor child on an alternating biweekly basis to the parties pending the outcome of the Hearing/Conciliation where jurisdiction and permanent custody will be determined. WHEREFORE, petitioner prays this Honorable Court to enter an Order directing: a. That jurisdiction remain in the Commonwealth of Pennsylvania; and b. That Petitioner and Respondent have shared physical custody of the minor child on a alternating biweekly basis pending the outcome of a Hearing/Conciliation; and ii;; c. For such further relief as the Court may determine to be equitable and just. Respectfully submitted: By: Maryan Murphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner - '''"''0 <-. . ... f. ~~', ,. GF23 12/97 :#-'71 g - ~l/3 - d0 c;O FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS In the Matter of a Proceeding under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner, Docket No. V-28609/99 v. WRIT OF HABEAS CORPUS CARL N. EDEN Respondent, NOTICE: PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF COURT, OR 3 o DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. TO: CARL N. EDEN ADDRESS: 58 W. MAIN ST APT 2 MECHANICSBURG, PA, 17055-0000 A petition having been filed in this Court by MILAGROS RODRIGUEZ, of 567 E. 108 ST APT 4A, BROOKLYN, NY, 11236-0000, the petitioner herein, alleging that MEKHI N. EDEN is wrongfully and unlawfully held by you, it is hereby ORDERED that the minor MEKHI N. EDEN, be produced by you before the Honorable NORA L. FREEMAN, a Judge of the Family Court of the State of New York at 283 Adams St. Brooklyn, NY, on January ~4, 2000 at 9:00 A.M. for such further proceeding as the Court may direct, and it is further ORDERED CHILD TO BE IMMEDIATELY RETURNED TO PETITIONER MOTHER. Dated: December 28, 1999 ENTER HO:~~' J.F.C. E ~ h', b -,.t- Ail \' ~,,--~ ., ' , Form GF-22 12/97 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS , In the Matter of a Proceeding under Article 6 of the Family Court Act MILAGROS RODRIGUEZ Petitioner Docket No. V-28609/99 v. PETITION FOR WRIT OF HABEAS CORPUS CARL N. EDEN , Respondent TO THE FAMILY COURT: . The undersigned Petitioner respectfully shows that: 1. Petitioner, MILAGROS RODRIGUEZ resides at 567 E. 108 ST APT 4A BROOKLYN, NY 11236-0000 and is the MOTHER of MEKHI N. EDEN, whose date of birth is May 11, 1999 and who is the subject of this application. 2. Respondent, CARL N. EDEN resides at 58 W. MAIN ST APT 2 MECHANICSBURG, PA 17055-0000 and is the FATHER of the minor. 3. The aforesaid minor is in the possession and control of the Respondent and has been since December 26, 1999. Respondent wrongfully and unlawfully removed said minor from the custody of the petitioner in that: Resp did forcibly take the child from the custody of petr on above date. Resp did remove the child to Mechanicsburg, PA. . 4. Petitioner has requested the return of said minor from Respondent and Respondent has failed and refused to return said minor to the custody of the Petitioner. 5. Said minor is not subj ect of any order, mandate, judgement or decree of any court of competent jurisdiction nor has any appeal been taken from any such order, mandate, judgement or decree, nor does any court or judge of the United States have exclusive jurisdiction to order said minor released. 6. The custody of the minor should be returned to the Petitioner, in that: Petr seeks the immmediate return of her child, Mekhi N. Eden, 5-11-99. WHEREFORE, Petitioner prays for a Writ of Habeas Corpus directed to the Respondent, commanding said Respondent to.produce -.',.-",..'< '. " ~ ".. Page: 2 Docket No: V-28609/99 PETITION FOR WRIT OF HABEAS CORPUS the minor in this Court, in order that Petitioner may be given said minor. Dated: December 28, 1999 ~ t~tio r ~ MILAGROS RODRIGUEZ Signature of Attorney, if any .I Attorney's Name (Print or Type) Attorney's Address and Telephone Number .. Page: 3 . Docket No: V-28609/99 PETITION FOR WRIT OF HABEAS CORPUS , VERIFICATION , STATE OF NEW YORK ) : ss.: COUNTY OF KINGS ) '., 1, MILAGROS RODRIGUEZ, above named being duly sworn, deposes and says: I am the Petitioner in the within action; that I have read and know the contents of the foregoing Petition; that the same is true to my. own knowledge, except as to matters therein stated to be alleged on information and belief, and that as to those _tte=, I beli~ it to ~~ ~Z7 Pe tio r J Sworn to before me on: December 28, 1999 (jJjJ~K Court Ass~stant .~ GF~Temp At a term of the Family Court of the State of New York, held in and for the County of Kings, at 283 Adams St., Brooklyn, NY 11201, on December 28, 1999 . PRE S E N T: Hon. NORA L. FREEMAN Judge In the Matter of a Proceeding for Custody and/or Visitation under Article 6 of the Family Court Act Docket No. V-28609/99 MlLAGROS RODRIGUEZ Petitioner, -against- TEMPORARY ORDER DIRECTING CUSTODY CARL N. EDEN Respondent, NOTICE: PURSUANT TO SEC',l'ION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLElUC OF COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. The Petitioner(s) herein having filed a petition on December 28, 1999 pursuant to Section 651 of the Family Court Act, requesting an order awarding custody of the minor child (ren) named therein; and The matt.er llaVl.Ilg UUl.Y come on to be heard before this Court; NOW, it is hereby ORDERED that temporary custody of: MEKHI N. EDEN is hereby granted to MILAGROS RODRIGUEZ until January 14, 2000. , ~ ;'1,. Doc~e:a~~ ~ "~E~~~~ TEMPORAR,Y'J)RDER:j5i CUSTODY:!:;"l:i:';i.i."'i~ 'I.' , ..' ,-~.,_",,~,"'~' , '?,. ~.. .: :..;:::-', . '~~ ~.;..i:::;~~'~:.;t~:~.~ Hon. date(s} and on (specify date(s) and to whom .._,.:~:._,.,-,." , . ":~.'.. -' ~ ~.. ~'" :': ~~ :-.__.:.;er7"';.:t'~':"":".;:"~"~'-"':""':' .' ,""'. "" ;"FI"'; -j -- " j~ "~I VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: o ;/;;)#() , ~6, CARL EDEN "'; 1,_ ,,; " ;J,' ~ -'-." -'~ ~..""~ --..;., ~,." i;1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CARL EDEN, . . Plaintiff vs. NO. ,?, 00 0 - ;;>,Cf- At ~ MILAGROS RODRIGUEZ, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of , 2000 I served a true and correct copy of the foregoing petition for Special Relied on the Defendant, MILAGROS RODRIGUEZ at the address set forth below, by placing a copy of same in the United States Mail, postage prepaid, certified/restricted delivery. Milagros Rodriguez 567 East 108th Street Apartment #4A Brooklyn, N.Y. 11236 Respectfully submitted, Maryann urphy, Legal Services, 8 Irvine Row Carlisle, PA 17013 (717) 540-8600 LD. # 61900 .....;.;.. ainimll_~ - .~",' """,,",,'<Iii~~!l!lr""""" , .iO .' " , ""'--~ ,~...~ - ,~. - (') C') 0 C 0 -" ...:~ f.;_ ~~ --1 n- ~"r- :~ nl,;g ~om (i,!~'.: W :D'O -?~. ",:::", Q6 [:=0 :> )>c) -r,'j :x 6:0 4'--.; 20 pC) \D r3n1 c: ~ --1 N ~ -< ffi' -,..,I "'~.. ,', d _ '::: / CARL EDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-247 CIVIL TERM V. MILAGROS RODRIGUEZ, Defendant IN CUSTODY IN RE: CUSTODY ORDER OF COURT AND NOW, this 4th day of February, 2000, by agreement of the parties, the following custody order is entered: The parties shall have shared legal custody of their child, Mekhi Nevin Eden, born May 11, 1999_ Mother shall have primary physical custody subject to periods of partial physical custody in father as follows: 1. A period of one week commencing February 7, 2000, March 6, 2000, and April 3, 2000. 2. Thereafter every third week commencing on Monday, April 24, 2000_ At the commencement of his periods of partial physical custody, father shall be responsible for picking the child up in New York. Mother shall be responsible for picking the child up in Pennsylvania on the Sunday following father's commencement of partial physical custody. Provided, however, if mother is unable to come to Pennsylvania to pick the child up, father will return the child to New York on the Monday following the commencement of his partial custody. The authorized daycare provider while the child is in father's partial physical custody shall be Cassandra Eden. The authorized daycare provider while the child is in mother's physical custody shall be Maria Rodriguez. The parties shall .',. -;'1 . . -,',;f ><,,'ilf' , '.' '.,~ :.,., ',~.-< "",_'. .- ',I " 'Ii use these authorized daycare providers unless otherwise agreed to. The parties shall keep each other advised of the name, address, and telephone number of these daycare providers. The conciliation conference scheduled before Dawn Sunday, Esquire, on March 8, 2000, is continued generally. The matter may be rescheduled at the request of either party. This Court shall retain jurisdiction of this matter. By the Court, Maryann Murphy, Esquire Suite 11A 845 Sir Thomas Court Harrisburg, PA 17109 For the Plaintiff Edward E. Guido, J. ~~ J -I t{ -0 0 R/<5 Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 For the Defendant :mae ,:;i1 jl. ,~~ , ~, '" ,~>^'" --> C~,: 00 FEB I L~ , ''.' ,~'}fi\,nY b: ;:;8 CUM2i~}~l.../-'li ',JC CCJNTY PENNSYlJ/Ai'J!A. I. _""t_","",,"'~_~', ~, ~,~.,.,..,"'""~ ll'''!',r "~ ~ ~r~~ ~ , , , . " l!il FEB - 9 2000\ ~ CARL EDEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 2000-247 : MILAGROS RODRIGUEZ, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 8th day of February, 2000, the Conciliator, being advised by counsel for the parties that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The CUstody Conciliation Conference scheduled for March 8, 2000 is canceled. FOR THE COURT, ~ Dawn S. Sunday, Esquirh Custody Conciliator :ll OF \"" F';:I 1, r; .,;,,; L:," "-' f-i,l"'t 8: L. r;, [\ i,,[:: ',I j"', /""'ll' 'TY VUll.'!U,,_:-lU"-, \~:.J u'J ,I\; I PENI~SYLV;\N!A ~" .t""~~~,!lI1m~ _ ~,ItI_" ''''''''''''.'' ~, ~ ~ ~ ,,,,~,,~!1<Il~'~mmIl'I!i:". - ~ ~ - .'" "~IllIiRIUW___mtl5i1 'M"~ ~~~