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Francisco Javier Montes Ramirez v. Patricia Buyauskas

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


February 24, 2012

FRANCISCO JAVIER MONTES RAMIREZ, PLAINTIFF,
v.
PATRICIA BUYAUSKAS, DEFENDANT.

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER AND NOW, this 24th day of February, 2012, upon consideration of the Petition for Return of Children to Petitioner (Document No. 1, filed October 13, 2011), Petitioner's Findings of Fact and Conclusions of Law (Document No. 30, filed February 8, 2012), and Respondent's Proposed Findings of Fact and Proposed Conclusions of Law (Document No. 32, filed February 22, 2012), following an evidentiary hearing and oral argument on December 22, 2011, and January 18, 2012, based on the attached Findings of Fact and Conclusions of Law and Memorandum, IT IS ORDERED that the Petition for Return of Children to Petitioner is DENIED, and JUDGMENT IS ENTERED in FAVOR of respondent, Patricia Buyauskas, and AGAINST petitioner, Francisco Javier Montes Ramirez.

IT IS FURTHER ORDERED as follows:

1. Paragraph (d) of the Court's Order dated November 30, 2011, requiring respondent and the children to remain in the jurisdiction of this Court, is hereby VACATED;

2. Paragraph (f) of the Court's Order dated November 30, 2011, requiring the United States Marshals Service to seize the passports of respondent Patricia Buyauskas and minor children Francisco Javier Montes, Junior, date of birth January 7, 2000 ("Francisco Javier, Jr."); Kate Alexis Montes, date of birth August 14, 2003 ("Kate Alexis"); and Chelsey Megan Montes, date of birth March 3, 2009 ("Chelsey Megan"); is hereby VACATED. The Clerk of Court shall PROVIDE the passports of respondent Patricia Buyauskas, Francisco Javier, Junior, Kate Alexis, and Chelsey Megan, to respondent or her counsel, Elaine Smith, Esq.;

3. Petitioner's request for fees and costs in the Petition for Return of Children to Petitioner is DENIED; and

4. The Clerk of Court shall MARK the case CLOSED.

BY THE COURT:

Jan E. DuBois

20120224

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