Friday, January 12, 2018

File Your Own Habeas Corpus



For those of you who don't mind filing your own motions. Edit to your state and local municipalities...
IN THE SUPERIOR COURT OF Berks COUNTY
STATE OF Pennsylvania
________
Your name, )
)
Plaintiff,
)
)
v.
) Civil Action No. Case#
)
_
The Department of Children and Families,
)
Defendant.
)
PETITION FOR WRIT OF HABEAS CORPUS
AND EMERGENCY MOTION
FOR RETURN OF CHILD
The Petitioner, your name, brings this
petition for a writ of habeas corpus against and emergency motion for return of child
against the Respondent, The Department of Children and Families supervisor
Your caseworker
upon the following grounds:
1.
The Respondent is subject to the jurisdiction
of this Court and may be served with a
copy of this Petition and Writ at .  Your address
The Petitioner is the legal custodian of the minor child, child's name,
Age 2 D.O.B. childs, by virtue of a final decree of dismissal entered by the Superior Court of Berks County, Civil Action No. case number.
3.
The Respondent is illegally detaining and withholding custody of the minor child
from the Petitioner at the following address: Unknown.
4.
The Respondent has no cause or justification for withholding the minor child
from the custody and control of the Petitioner. THEREFORE, Petitioner demands:
(a)That a writ of habeas corpus issue requiring the Respondent to appear and produce
the minor child before this Court and to otherwise show cause why custody should not be restored to the Petitioner.
Respectfully submitted,
This Day November __,2016
Your name
_____________
Petitioner
pro se
Address your address

Telephone number your #
IN THE SUPERIOR COURT OF BERKS COUNTY STATE OF PENNSYLVANIA )) your name))v.) Civil Action No. Cas #))
The Department of Children and Families, ) Defendant.)
VERIFICATION
Personally appeared before me, the undersigned notary public
duly authorized in the State of __________ to administer oaths, _________________________________________,
who after being duly sworn, deposes and states that he is the Petitioner in the foregoing
action and that the facts contained in his/her attached Petition for Writ of Habeas Corpus and Emergency
Motion for Return of Child are true and correct to the best of his knowledge, information and belief.
_____________________________________
Plaintiff
pro se
Sworn to and subscribed before me
this ______ day of _____
_________________
___________, 20 ______.
____________________________________________
Notary Public, State of _____________
My Commission Expires: ________________
____________________
__
IN THE SUPERIOR COURT OF Berks  COUNTY
STATE OF PENNSYLVANIA, )) your name))v.) Civil Action No. Case #))
Department of Children and Families, ) Defendant.)SUMMONS
To the above-named Defendant:
You are hereby summoned and required to file
with the clerk of said court and serve
upon your name, plaintiff', whose
address is yours,
an answer to the complaint which is herewith served upon
you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
____________________________________
Clerk of Court
IN THE SUPERIOR COURT
OF BERKS COUNTY
STATE OF PENNSYLVANIA,
)) Your name,))v.) Civil Action No. Case # )
Department of Children and Families, )) Defendant.)
WRIT OF HABEAS CORPUS
To: Department of Children and Families
You are hereby commanded to produce the minor child(ren), your child(Ren) Age 2 D.O.B. 1-12-2014,
alleged to be illegally detained by you,
and appear before the Court on _____________________________________, ____,
at ____________ o'clock, ___.M.,and show cause why custody of the minor child(ren) should not be returned to the
Petitioner.
This __
__
___
day of
_
_____________________________
___
, 20______.
_______________________________________
JUDGE
, Superior Courts
Northern Judicial Court

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