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Home My WebLink About98-00953 t , '1 I .~ I~ I " I !~ ~ I I I <1 I .~ I .. I~ I ... , I~ I I I , \ ( ~ ...... . - .~ ~ 1'-' ") \t) ~ \ c... ~ ~ " qp.. 9S~:; L~'ul(kI21'1 '. lFUlL~[Q) AM 'r>~;~ PM .--. F t B l'i 1998 Thelma. R~o[Qdzlej, CLERK ESM}\ 0 1~!I',I~)u ,', DEPUTY I 2 3 4 5 6 IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE 7 STATE OF IDAHO. IN AND FOR THE COUNTY OF GEM 8 CATHERINE PERKINS, ) 9 ) Case No. 7510 Plaintiff, ) 10 ) ORDER FIXING TEMPORARY vs. ) CUSTODY OF MINOR II ) CHILDREN WITH DEFENDANT MICHAEL A. PERKINS. ) MICHAEL PERKINS and 12 ) NOTICE OF FURTHER Defendant. ) HEAIUNG 13 -) 14 15 16 17 18 19 20 21 22 THIS MA ITER came before the Court above-named, on February 17, 1998, for hearing on the Defendant Michael Perkins' Motion for Modification, Contempt and for Temporary Custody. The rc;cord rcflects that Plaintiffs attorney ofrccord, Louis Gorrono, was given notice of the hearing date herein. and that attempts were made to serve Plaintiff personally in Pennsylvania. The Court reviewcd the record. including the affidavit of Defendant Michael Perkins, which sets forth that the minor children had resided in Emmett. Idal10 for their entire lives, up until November 1997, and that Plaintiff has unilaterally removed them to the state of Pemlsylvania without permission of the court or of Defendant. and the Court rcceived the testimony of the Defendant. that he has rcmarricd. and has adequate facilitics for the minor 23 childrcn here in Emmctt. and that he has a close relationship with thc minor children. and 24 25 26 27 28 Defendant has not receivcd any visitation with the minor childrcn since their removal from thc state of Idal1o, othcr than phone contact with thcm in Pcnnsylvania. From thc record thc Court determined that jurisdiction is properly with this court. ORDER FIXING TEMPORARY CUSTODY WITH DEFENDANT AND NOTICE OF FURTHER HEARING. p. I TClmpoftryCWlody,Otd/d~ 2/171911 '. because this is where the original custody orders regarding these children were entered, and 2 Idal10 continued to be the home state of residence for thc minor children for the entire time after 3 the entry of the original decree, until approximately late November, 1997, and no application 4 was evcr madc by Plaintiff for any modification of that order, and thc Court dctcrmined from 5 the record that the Plaintiff is deemed to havc rcccivcd noticc of this proceeding by service 011 6 her attorney of rccord. Thc Court fUlther found that under Rule 65(g). IRCP. an extraordinary 7 circumstance exists which requires that tcmporary custody of the minor children hc 8 immediately placed with Dcfendant Michael Perkins. and that such is in the best interests of the 9 minor children at this time, until further hearing in this mattcr, becausc of the children's 10 removal from thc statc without permission or prior conscnt of Defcndant, resulting in the II violation of the Court's ordcrs rcgarding visitation and joint custody, and the Court having 12 further found that Plaintiff Catherinc Rodgers should bc prohibited from further intcrferencc in 13 Defendant's temporary custody. or from withholding the minor children from the Defcndant 14 Michacl Pcrkins or prcventing their return to the state of Idaho; IS NOW THEREFORE, the Court having reccived thc tcstimony ofthc Dcfendant. in open 16 court. and having reviewed thc record herein, and having made findings and conclusions as set 17 forth above. and good cause appcaring. 18 IT IS HEREBY ORDERED AND nlIs DOES ORDER as follows: 19 1. Dcfendant MICHAEL PERKINS is hcreby grantcd thc immcdiate temporary 20 physical and legal custody of the minor children herein. namely, KILEY RA YE PERKINS, 21 born 12/7/87. and DAVID PERKINS, born 3/10/90, pending further ordcr of the court. 22 2, Plaintiff CATHERINE RODGERS, formerly Pcrkins. is hereby rcstraincd and 23 prohibited from withholding the minor children from Defcndant's custody, and shall 24 immediately turn over said children to the Defendant, together with their reasonable belongings 25 and personal effects, for the children to bc rcturned to the statc of Idaho, pcnding further 26 proccedings in this mattcr, 27 3. This matter is set for a further hearing on the merits before the above entitled 28 ORDER FIXING TEMPORARY CUSTODY WITH DEFENDANT AND NOTICE OF FURTHER HEARING. p. 2 Temporary Cuslody.Ord/ds 2/17198 ~IDIS. GUIDO, SHIJFF & MASUND 16 W, High Streel eMU"., PA MICHAEL A. PERKINS, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY" PENNSYLVANIA l LJI 'I No. 98 - q 53 C!'V[l"I~ERM 'I v. CATHERINE PERKINS, Respondent :'1"1 1 ~ , , , , ; 1/, I ., I by and through PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner Michael. A. Perkins, his local counsel, SAlOIS, SHUFF & MAS LAND and respectfully avers the following: 1. Your Petitioner is Michael A, Perkins, an adult Individual currently residing in Emmett, Idaho. 2. Your Respondent is Catherine Perkins, an adult individual currently residing at 536 Highland Court, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parent8 of two minor children, Kiley Raye Perkins, ~ate of birth 12/7/87 and David Perkins, date of birth 3/10/90. 4. The jurisdiction over the children properly resides in Gem County, Idaho, in the District Court of the Third Judicial District of the State of Idaho. 5. Petitioner currently has custody of said children by Court Order in Gem County, Idaho. 6. Respondent has been determined to be ~n contempt of the Court Order by an Order dated February 17, 1998 and entered by t.he Honorable Gordon E. Pet.rie, Magist.rate Justice, in Gem County, Idaho. A copy of said Order is attached hereto and made a part hereof marked as Exhibit "A". "-1 VERIFICl\TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: HhnJCl./l '1 n i /99'i5 F qyL~i.~ iLQ~ Michael A. Perkins ..:' ) because this is where the original custody orders regarding these children were entered, and 2 Idaho continued to be the home state of residence for the minor children for the entire time after 3 the entry of the original decree. until approximately late November, 1997, and no application 4 was ever made by PlaintifHor any modification of that order, and the Court detennined from 5 the record that the Plaintiff is deemed to have received notice of this proceeding by service on 6 her attorney of record. The Court further found that under Rule 65(g), IRCP, an extraordinary 7 circumstance exists which requires that temporary custody of the minor children be 8 immediately placed with Defendant Michael Perkins, and that such is in the best interests of the 9 minor children at this time. tmtil further hearing in this matter. because of the children's 10 removal from the state without pennission or prior consent of Defendant, resulting in the II violation of the Court's orders regarding visitation and joint custody, and the Court having 12 further found that Plaintiff Catherine Rodgers should be prohibited from further interference in 13 Defendant's temporary custody. or from withholding the minor children from the Defendant 14 Michael Perkins or preventing their return to the state of Idaho; 15 NOW THEREFORE. the Court having received the testimony of the Defendant, in open 16 court. and having reviewed the record herein. and having made findings and conclusions as set 17 forth above, and good cause appearing, 18 IT IS HEREBY ORDERED AND THIS DOES ORDER as follows: 19 I. Defendant MICHAEL PERKINS is hereby granted the immediate temporary 20 physical and legal custody of the minor children herein, namely, KlLEY RA YE PERKINS, 21 born 12/7/87, and DAVID PERKINS, bom 3/10/90, pending further order of the court. 22 2. PlaintiffCATHERlNE RODGERS, fonnerly Perkins, is hereby restrained and 23 prohibited from witWlOlding the minor children from Defendant's custody. and shall 24 immediately tum over said children to the Defendant, together with their reasonable belonging.~ 25 and personal effects, for the children to be returned to the state of Idaho. pending further 26 proceedings in this matter. 27 28 3. This matter is set for a further hearing on the merits before the above entitled ORDER FIXING TEMPORARY CUSTODY WITH DEFENDANT AND NOTICE OF FURTHER HEARING. p. 2 Tclmpol'1ry CUSlody.Oullds 2117/98 ii; 0' "- I" h .1( ...., l') .. :'.<,1 "'~ l"l () t.U....~, _\:~ C ,.'.'" ..~... ,'..) F--{ , ., (:'1: (l,., .~;:J 9f- t; (; O' Cl!~ , UJ/.\ ! " ':'" -~" ' C. l, " (;j u-L.'" I. ~~J 1:1... F' '. ~'- ::3 li.. t.~, 0 UI (.) '. ; .'~:; 'f :. . 4 , FEB 1 , 1998~ . , ~ ~ ol:l ~m i):1:ll j~ ~ !~~I . "O'i 1\ ~ ,OI;i ...~ ~ !~EC .. i1~ ~ FOil: I:ll HU ~O'iH ~ ~ (...~ .' 1Sc ~!U .