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HomeMy WebLinkAbout03-2462ELEANOR C. BIGLES, Plaintiff CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- ? q ~,,z. CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Eleanor C. Bigles, an adult individual currently residing at 18 Yankee Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Carlos A. Bigles-Perez, an adult individual currently residing at 18 Yankee Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. The Plaintiff is the natural mother of the children, Kyrah Marie Bigles, bom September 13, 1999; Karina Gabrielle Bigles, born February 3, 1994; and Kristin Camille Bigles, bom July 13, 1991. 4. 5. following addresses for the following lengths of time: The children were bom in wedlock. For the past five years, the children have resided with the following persons at the ADDRESS 18 Yankee Drive Mt. Holly Springs, PA NA1VtF. Eleanor C. Bigles Carlos A. Bigles-Perez DATES 1998 to present The natural Mother of the children is the Plaintiff, who resides as foresaid. She is married. 7. married. The natural Father of the children is the Defendant, who resides as foresaid. He is 8. The relationship of the Defendant to the children is that of natural Father. The Defendant currently resides with Plaintiff and children at issue. 9. The relationship of the Plaintiff to the children is that of natural Mother. The Plaintiff currently resides with Defendant and children at issue. 10. The Plaintiff has no information of a custody proceeding concerning the children pending in any Court of this Commonwealth. 11. The best interest and permanent welfare of the children will be best served by granting the relief requested as the Plaintiff is better suited to provide a stable environment to foster the children's well being. 12. The Plaintiff does not know of any person not a party to the proceedings who claims to have custody or visitation rights with respect to the children. WHEREFORE, the Plaintiff, Eleanor C. Bigles, respectfully requests this Honorable Court to enter an Order scheduling the Parties for a Custody Conciliation. Date: Respectfully submitted, Th~ma~s ~Ji'ehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this 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. t~A~. BIG!iFpS, Plaintiff HAY $ 2003 ELEANOR C. BIGLES, Plaintiff/Petitioner Vo CARLOS A. BIGLES-PEREZ, Defendant/Respondent · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003- /)C/ga ~l. CIVIL TERM · CIVIL ACTION - LAW · IN CUSTODY ORDER OF COURT AND NOW, this ~' l't'4k day of ~ ? , 2003, upon consideration of the attached Petition for Special Relief, it is HEREBY ORDERED AS FOI.I.OWS: Neither party shall remove the minor children, Kyrah Marie Bigles, bom September 13, 1999; Karina Gabrielle Bigles, bom February 3, 1994; and Kristin Camille Bigles, bom July 13, 1991, from the~C°mm°nwealth~'~ .~" ¥~n.~r ~ ~°f Pennsylvania without further Order~ o~.__ ~,~ Jo cc: Attorney for Petitioner arlos A. Bigles-Perez Defendant/Respondent 3011!O'Ci:]'ilJ ,: 'i '~ ELEANOR C. B1GLES : PLAINTIFF : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2462 CIVIL ACT1ON LAW CARLOS A. BIGLES-PEREZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, June 02, 2003 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Jul3/17, 2003 at 2:00 PM 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. Ail children a~e 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 hearim!. FOR THE COURT, By: /s/ Hubert X. Gilcoy, 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 ELEANOR C. BIGLES, : Plaintiff/Petitioner : CARLOS A. BIGLES-PEREZ, : Defendant/Respondent : IN THE COURT OF COMI~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2462 CIVIL TER~I CIVIL ACTION - LAW IN CUSTODY IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 5th day of June, 2003, after hearing on the Petition for Special Relief, it is ordered and directed that neither party shall remove the children, Kyrah Marie Bigles, born September 13, 1999; Karina Gabrielle Bigles, born February 3, 1994; and Kristin Camille Bigles, born July 13, 1991, from the Commonwealth of Pennsylvania without further Order of this Court. ~oma~/S. Diehl, Es.q~,ire ,/A~ney for Plaintiff/Petitioner ~lJ~k~ ~s-Perez Mt. Holly Springs, PA 17065 Defendant/Respondent srs 06-09-03 ELEANOR C. BIGLES, Plaintiff CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-344v3'~ CIVIL TERM : : CIVIL ACTION - LAW : IN CUSTODY AFFIDAVIT OF SERVICE I, ..~o~^'v~x~x ~ ~-~l/'eT an adult individual, hereby certify that a Petition for Special Relief with Order of Court dated May 27, 2003 and Complaint for Custody were served upon the above-captioned Defendant, Carlos A. Bigles-Perez's place of employment, located at 1 3~' F'/oo~- Harrisburg, Pennsylvania, on the ~ day of ,2003, at approximately ~-'ooO o'clock ~ .m. The Order of Court, Petition for Special Relief, and Complaint for Custody were served upon ~'a~, Io~ ~ . 7~{e~- lD,','e r- (Defendant or agent/person in charge), in accordance with Pa.R.C.P. 1930.4(a)(1) or Pa.R.C.P. 1930.4(a)(2)(iii). DATE: ~/~? ,2003 By: ~gnature Nsme Tille Address CilT, State Telephone ELEANOR C. BIGLES, Plaintiff V CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 2462 CIVIL IN CUSTODY CO~TO~ER AND NOW, this [/~t~ day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of June 4, 2003 is vacated. CC: The Mother, Eleanor C. Bigles, shall enjoy legal and primary physical custody of Kyra Marie Bigles, born September 13, 1999, Karina Gabrielle Bigles, born February 3, 1994; and Kristin Camille Bigles, born July 13, 1991. The Father shall enjoy periods of temporary physical custody with the minor children at such times and under such i c rcumstances as the parties may agree. In the event the Father is dissatisfied with this order, Father may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. Edward E. Guido ./Thomas S. Diehl, Esquire ./Carlos A. Bigles c/o Michael Bunker P.O. Box 216 Shyer, Texas 79367 '19 ELEANOR C. BIGLES, Plaintiff V CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003- 2462 CIVIL : IN CUSTODY Prior Judge: Edward E. Guido CONCILIATION CONFERENCE SUMM~RY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Kyra Marie Bigles, born September 13, 1999, Karina Gabrielle Bigles, born February 3, 1994; and Kristin Camille Bigles, born Jniy 13, 1991. 2. A Conciliation Conference was held on August 1, 2003, with the following individuals in attendance: The Mother, Eleanor C. Bigles, with her counsel, Thomas S. Diehl, Esquire. Attorney Diehl and the Mother related that the Father left the marital home two days before the custody conciliation conference and indicated he was relocating to Texas. The best address they have is a P.O. Box in Texas. The Mother indicates that the Father was aware of the custody conciliation conference. 3. Based upon the above, the conciliator recommends the entry of an order in the form as attached. Hubert X.'Gd..y, Esquire Custody c~aY~or ELEANOR C. BIGLES, Plaintiff V. CARLOS A. BIGLES-PEREZ, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : IN CUSTODY : NO. 2003-2462 CIVIL TERM : PETITION FOR MODIFICATION OF OF CUSTODY ORDER Eleanor C. Bigles, by her counsel, the Family Law Clinic, hereby petitions the Court for modification of its previous custody orders. In support of her petition, the petitioner states: 1. The parties, Eleanor C. Bigles, hereinafter "Mother", and Carlos A. Bigles-Perez, hereinafter "Father", are the parents of Kristin Camille Bigles, bom July 13, 1991, Karina Gabrielle Bigles, born February 3, 1994, Kyrah Marie Bigles, bom September 13, 1999; and Samuel Carlos Bigles, bom October 19, 2003. 2. On May 27, 2003, an Order of Court was entered stating that neither party could remove Kyrah, Karina, and Kristin, from the Commonwealth of Pennsylvania. A copy of Order is attached as Exhibit A. 3. On August 18, 2003, an Order of Court was entered giving primary custody of Kyrah, Karina, and Kristin, to Mother. A copy of Order is attached as Exhibit B. 4. The Orders should be modified because: a. On July 1, 2003, Father left his job and his family and moved to Texas to join a cult. b. Following the Order of August 18, 2003, Samuel Carlos Bigles was born to the parents on October 19, 2003. c. Father's current mailing address is P.O. Box 8254, Levelland, Texas 79338. d. Mother currently resides with Samuel, the child at issue in the petition for modification. e. Father has relinquished his driver's license, Social Security card, and no longer pays taxes. f. Mother fears that Father will try to take Samuel to Texas without notice or Mother's consent. g. Mother is Samuel's sole provider of financial and emotional support. h. It is in the best interest of Samuel that the Court grant rnother primary custody of Samuel. WHEREFORE, Petitioner asks that the Court modify 'the existing Orders for Custody, granting Mother primary physical custody of Samuel Carlos Bigles and preventing father from removing Samuel from the Commonwealth. Date: '~ '~ ~0q Certif}ed Legal Intem TlqO~. PLACE l / ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE FOX-MACDONALD Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt. St. Carlisle, PA. 17013 717 243-2968 VERIFICATION VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date Exhibit A MAY 2 3 2003 MAY 2 9 2003 ELEANOR C. BIGLES, Plaintiff/Petitioner CARLOS A. BIGLES-PEREZ, Defendant;ResPondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ,2c/~,;k CIVILTERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT Now, ~ ~* d~y of tn ogr ,2003, upon consideration of the attached Petition for Special Relief, it is HEREBY ORDERFI~ AS FOLLOWS: Neither party shall remove the minor children, Kyrah Marie Bigtes, bom September 13, 1999; Karina Gabrielle Bigles, bom February 3, 1994; and Kristin Camille Bigles, bom July 13, 1991, from the Commonwealth of Pennsylvania without further Order of Court. . ~ t .. Thomas S. Diehl, Esquire Attorney for Petitioner Carlos A. Bigtes. Perez DefendanffRespondent TRUE COPY FROM RECORD In Testimony where,, I here unt.o. ~et my he~ an~he seal of said/2ount at Carhfle, Pa. Exhibit B ELEANOR C. BIGLES, Plaintiff CARLOS A. BIGLES-PEREZ, Defendant 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANiA : CIVIL ACTION- LAW : NO. 2003--2462 CIVIL : IN CUSTODY COURT ORDER AND NOW, this [/~a0~ day of August, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior order of June 4, 2003 is vacated. o CC: The Mother, Eleanor C. Bigles, shall enjoy legal and primary physical custody of Kyra Marie Bigles, born September 13, 1999, Karina Gabrielle Bigles, born February 3, 19941 and Kristin Camille Bigles, born July 13, 1991. The Father shall enjoy periods of temporary physical custody with the minor children at such times and under such circumstances as the parties may agree. In the event the Father is dissatisfied with this order, Father may petition tho ~ourt to have the case again scheduled with the conciliator for a custody ['6nciliation conference. Edward E. Guido Je Thomas S. Diehl, Esquire Carlos A. Bigles c/o Michael Bunker P.O. Box 216 Shyer, Texas 79367 AUG 2 5 2003 TRUE COPY FROM RECORD In T~stirn~ny whereof, I here unto set my hand and,the sealol sap Court at~ Carlisle, Pa. ELEANOR C. BIGLES, Plaintiff CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN CUSTODY NO. 2003-2462 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Eleanor C. Bigles, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attomeys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respe. ctfully submitted, Jaso~'C. Evans Certffied Legal Intern ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ELEANOR C. BIGLES PLAINTIFF CARLOS A. BIGLES-PEREZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-2462 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Wednesday, March 10, 2004 _, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Es .oe~' the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 08, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in ~isput~; 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 appem- 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/ Hubert X. G4lroy, Esq, Custody Conciliator The Court of Common Pleas of Cumberland County ts requ red 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 R IELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbcn'land County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249~3166 ELEANOR C. BIGLES Plaintiff CARLOS A. BIGLES-PEREZ Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA iCIVIL ACTION LAW- CUSTODY : NO. 03-2462 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that Jason C. Evans mailed a true copy of a Petition for modification of a Custody Order to the Defendant by placing the same in the l~J.S. Mail, certified no. 7002 0860 0001 5847 8660, restricted delivery, return receipt requested, postage prepaid, on the 18th day of March, 2004 addressed as follows: Carlos A. Bigles-Perez P.O. Box 8254 Levelland, Texas 79338 Sender's receipt no. 7002 0860 0001 5847 8660 is attached, hereto and incorporated by reference. On the 26th day of March, 2004, green return receipt no. 7002 0860 0001 8660 8660 was delivered to the Family Law Clinic, bearing the signature Carlos A. Bigles and showing a date of service of March 23, 2004. The return receipt is attached hereto and incorporated by reference, laso~- C-. E~a~s Cedified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 Dated: item 4 ! 1, 2, and 3. Also coml~e~e Delivery is de~ed. · 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 real,piece, or on the front if space perm;ts. El. Date of Delivery [] Agent O. Is ~k'~/addre~ [3 Yes If YES, enter dellver/address bek)w: [] No 2. Article Number (Copy from service label) '/999 ~ ~ '~ ~"~ ~ Ps Form 3811, Ju~y Domestic Return Receipt 3. Service Type -J~Cer~fled Mail r-i Exl~eSs Mall [3 Registered ~'Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~'q Yes i-1 c:] ELEANOR C. BIGLES, Plaintiff V CARLOS A. BIGLES-PEREZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIG,N - LAW NO. 2003-2462 IN CUSTODY COURT ORDER attached Custody Conciliation report, it is ordered and directed as follows: 1. AH Prior orders in this case are vacated. 2. The mother, Eleanor C. Bigles, shall enjoy sole legal and physical custody of Samuel Carlos Bigles, born October 19, 2003, Kyrah Made Bigles, born September 13, 1999, Karina Gabrielle Bigles, born February 3, 1994 and Kristin Camille Bigles, born July 13, 1991. 3. The father shall enjoy periods of temporary physical custody of the minor children at such times and under such circumstances that the parties may agree. 4. In the event the father is dissatisfied with this order, the father may petition the court to have the case again scheduled with the custody conciliator for a conciliation conference. Judge CC; Jason C. Evans, Family Law Clinic Carlos A. Bigles-Perez APR 2 8 2004 ELEANOR C. BIGLES, Plaintiff V CARLOS A. BIGLES-PEREZ, Defendant : IN THE COURY OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-2462 : IN CUSTODY CONCILIATION CONFERENCE SLrMM~LRY REPORT The conciliation scheduled in the above case was rescheduled for April 20, 2004. The Defendant did not appear, and the conciliator recommends an order in the form as attached consistent with what the Plaintiff was requesting. DATE