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HomeMy WebLinkAbout10-2767V '__?F F I LEP,-- x: is IN THE COURT OF COMMON PLEAS 2010 APP 26 PH OF CUMBERLAND COUNTY, PENNSYLVANIA 2:14 LARYA GARCIA, CIVIL ACTION Plaintiff V. ?a 74, ) CHRISTOPHER GARCIA, CUSTODY Defendant COMPLAINT FOR CUSTODY 1. The plaintiff is Larya Garcia who currently resides at 203 Acre Drive, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 2. The defendant is Christopher Garcia who currently resides at 203 Acre Drive, Carlisle, Pennsylvania, which is in Cumberland County, Pennsylvania. 3. The plaintiff is seeking custody of the following child: Name Residence Aye Saphira Rose Garcia 203 Acre Drive Carlisle, PA 17013 The child was not born out of wedlock. 1 DOB (11/23/2008) -79.00 r.?. 45 4,.* svg 0* -2yI 123 The child is under the age of five. During the child's life, the child has resided with the following persons and at the following address: (List all Persons) (List all Addresses) (Dates) LaRya and Christopher 203 Acre Drive birth - present Garcia Carlisle, PA The mother of the child is LaRya Garcia. She is married. The father of the child is Christopher Garcia. He is married. 4. The relationship of plaintiff to the children is that of mother. The plaintiff currently resides with the following persons other than the child named in this custody action: Christopher Garcia 5. The relationship of defendant to the children is that of father. The defendant currently resides with the following person: LaRya Garcia. 6. Plaintiff has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 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. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: Plaintiff is willing and able to perform the primary parental responsibilities for the child. Plaintiff is in the best position to provide the care and nurture which the child needs for healthy development. Plaintiff has been the primary caregiver for the child since her birth. Defendant has exhibited impatience with the child and dealing with the child's needs. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, plaintiff requests the court to grant her custody of the minor child, Saphira Rose Garcia. She D'Coover, Esquire A rney ID 92385 4 S. Hanover Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LARYA GARCIA, CIVIL ACTION Plaintiff . V. CHRISTOPHER GARCIA, CUSTODY Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 4yVaarcii Date: //,;2c-//C) ~„ - T~.... Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com a~'. U f ~r ; '.J '~ ~:~ ~~ 3 .. ...... ~U ~ pIM. 3'• ~5 a f.. ,-.. C.,t~.___ _ _ 41 ~-' j ; ~ ~'.'. LARYA M. GARCIA, tN THE COURT OF COMMON PLEASE Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA 10-017107 v. NO. - - CHRISTOPHER J. GARCIA, :CIVIL ACTION -LAW Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes the Petitioner, Christopher J. Garcia, by and through his attorneys, Purcell, Krug & Haller, and files the following Petition For Emergency Relief: 1. The Petitioner, Christopher J. Garcia (hereinafter "Father"), is the Father of an undertwo-year-old, minor child, Saphira R. Garcia, the subject of the above- captioned matter. 2. The Respondent, Larya M. Garcia, is the Mother in the above-captioned matter (hereinafter "Mother"). 3. The parties are the parents of one child, Saphira R. Garcia, born November 23, 2008 (hereinafter "Child"). 4. Without Father's advance knowledge or consent, Mother left the marital home with Child on or about August 29, 2010, taking up residence at 601 Georgetown Road, Mechanicsburg, Pennsylvania. ~70.0o PA A7'1~ e ~ as9o7 ~"~ aac~~ 5. Mother works Sunday through Friday evenings from 11:00 p.m. to 7:00 a.m. at a group home on Center Road in Mechanicsburg, Pennsylvania. 6. Father works weekdays from 9:00 a.m. to 4:00 p.m. as a real estate appraiser assistant. 7. Prior to separation, Father was very involved in the regular care of Child on a daily basis; to wit: feeding, dressing, changing, playing with and embracing her, as well as getting up in the middle of every night between 1:00 and 2:00 a.m. to care for her with changing, bottle, and playtime. 8. Mother was at work during these weekdays and Father did all of this alone. 9. Since separation, Mother has refused to share Child with Father other than in her immediate presence on weekends. 10. Mother has refused visitation with Father outside her presence, even if her pre-conciliation possession of Child is protected by a Stipulation and Order, contending that Father is suddenly incapable of caring for Child. 11. Interestingly, she has contradicted her alleged concern by agreeing to Father serving as an overnight caretaker from 7:30 p.m. to 8:30 a.m. on weekdays when she is working. 12. Mother will not agree to weekend visitation for Father at the former marital home unless she is there and the parties are once again living "as a family." 13. Since Mother left Father for another man (with whom she lives), he does not wish to live as a "family" with Mother. 14. Father believes and therefore avers that Mother is using her possession of Child as a means to leverage herself back into Father's life because her illicit relationship is failing. 15. Father believes and therefore avers that it is in the best interest of Child to grant him joint physical custody, pending outcome of the unscheduled Conciliation Conference. 16. Father believes that the regular contact of both parents with Child is in her best interest, and he would reasonably cooperate with Mother in maximizing such contact for both parents. 17. Father proposes the following temporary schedule, effective on the date of this Order, until the conciliation: A. Joint physical custody and shared legal custody, with Father having unsupervised time and custody of Child as follows: i. weekdays from 7:30 p.m. - 8:30 a.m.; and ii. weekends -Saturday and Sunday from 2:30 p.m. - 7:30 p.m. 18. Sheri D. Coover, Esquire, counsel for Mother, does not concur in the relief requested. WHEREFORE, Father prays this Court to grant the relief as set forth herein. Respectfully submitted, Date: ~- g ~ ~ D 1 ~ 1719 North t-ront Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Petitioner . VERIFICATION I, Christopher J. Garcia, hereby verify that the facts contained in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to auth CHRIS~bPHEF~' J. GARCIA Date: ~ 9 ~ • . CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant, hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiff, by sending a copy of the same via first class U.S. Mail to: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, PA 17013 l~, Kimberly S. DeF c ,Legal Assistant 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: ~ ~ ~~ ~C~ LARYA GARCIA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER GARCIA DEFENDANT • 2010-2767 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, August 10, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before .Hubert X. Gllroy, Esq. ,the conciliator, at 4th Floor ,Cumberland County Courthouse, Carlisle on Monday, August 23, 2010 at 3:30 PM for aPre-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. 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. Gilro Es . 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 WtHERE YOU CAN GET LEGAL HELP. ~-_~ o . - _, Cumberland County Bar Association ~ __ ~ ..; $-10 - I b ~¢.r~-• CoQ~ fiY10~~ ~~ ~- UU 32 South Bedford Street c.y ~ ~ --' ~~ ', Carlisle, Pennsylvania ]7013 r~~,.~ ' Telephone (717) 249-3166 ~' !O - t O /L~o'f~ cs. tv~o~.~ test '~O _.__ yi ~. ~ ~ . ; f._. ~~ ~s•to-to ~lacQd in G fro 's -file. . I I LARYA M. GARCIA, PLAINTIFF V. CHRISTOPHER J. GARCIA, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-2767 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 13th day of August, 2010, upon consideration of Christopher Garcia's Petition for Emergency Relief and the Court having been advised that the matter is schedule for a conciliation conference before Hubert X. Gilroy, Esquire, on August 23, 2010; IT IS HEREBY ORDERED AND DIRECTED that the Petition for Emergency Relief is DENIED at this time. The matter will be heard before the conciliator on August 23, 2010 at 3:30 p.m. This conciliation conference shall not be continued by either party. By the Court, Howard B. Krug, Esquire Attorney for Defendant Sheri Coover, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Custody Conciliator bas &p:es inat.led ?f i3ljd Ncl, M. L. Ebert, Jr., J. ?t VJ C.. `i t,t AUG 2 7 2010 LARYA GARCIA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAWS =?_; to 7 3 !Z CHRISTOPHER GARCIA, NO. 2010-2767 c: '? rJ Defendant IN CUSTODY COURT ORDER NOW, this day of August, 2010, upon consideration of the attached Custody I? Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the 7-P-day of ?2011 at At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The mother, Larya Garcia, and the father, Christopher Garcia, shall enjoy shared legal custody of Saphira Rose Garcia, born November 23, 2008. B. Physical custody of the minor child shall be handled as follows: Father shall have physical custody on Sunday, Monday, Tuesday, Wednesday and Thursday evenings from 7:00 p.m. to 8:30 a.m, the following morning. On those weekdays, mother shall have custody at other times. ii. For the weekends, father shall have custody on alternating weekends from Friday at 6:00 p.m. through Monday morning at 8:30 a.m. Mother's alternating weekends shall be from Friday morning at 8:30 a.m. through Sunday at 7:00 p.m. iii. Both parties shall enjoy the right of first refusal to be given the first opportunity to provide care for the child in the event the custodial parent will be away from the child for work or other reasons for a period of five hours or more. iv. Neither parent shall be under the influence of alcohol when he or she has custody of the minor child. Additionally, in the event father organizes any weekend parties when he has custody that will involve a group of friends coming to his home, father will contact mother and provide her with the opportunity to provide care for the child during that time. V. The alternating weekend schedule shall commence on Friday, August 27 with father's weekend being that weekend and mother's being the following weekend with the parties alternating thereafter. This order is temporary in nature and does not prejudice the parties from in anyway advancing a different position in a hearing in this case. Additionally, in the event there are any incidents which merit immediate attention by the Court, counsel for either party may contact the Custody Conciliator directly to schedule a telephone conference with the Conciliator and the Conciliator may, as appropriate, recommend a modification of this existing order prior to the hearing. BY THE COURT, Judge cc: eri D. Coover, Esquire J Howard Krug, Esquire l.p i ?S' rn?. c ?G? P 8?3 1 /to LARYA GARCIA, Plaintiff vs. CHRISTOPHER GARCIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2767 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Saphira Rose Garcia, born November 23, 2008 2. A Conciliation Conference was held on August 23, 2010, with the following individuals in attendance: The mother, Larya Garcia, with her counsel, Sheri D. Coover, Esquire, and the father, Christopher Garcia, with his counsel, Howard Krug, Esquire. 3. The parties have only been separated for approximately one month. They agree upon a weekday schedule that has father having custody overnights on the weekdays because mother has a full-time job which is third shift. They could not agree upon a weekend schedule. Mother is suggesting that father's history with the child is such that it would not be in the child's best interest to be with the father full time on a weekend. Mother has suggested an arrangement on the weekend where father would see the child during the day and sometimes to see the child in conjunction with the mother. Father believes that he should have standard alternating weekends. The parties are unable to reach an agreement on that issue and a hearing is necessary. However, based upon the information the Conciliator obtained during the custody conciliation conference, the Conciliator recommends a temporary order pending the custody hearing as set forth in the attached order. Date: August 2 y , 2010 Hubert X. Gilroy, E uire Custody Conciliat 1 q &U ON %E? LARYA GARCIA, , IN THE COURT OF COMM Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A C-) ca VS. CIVIL ACTION - LAW rnr- xrn o X M .c -p rn CHRISTOPHER GARCIA, NO. 2010-2767 ?D a ter- Defendant IN CUSTODY A uo n za Cl -n S,C n ° COURT ORDER - - D NOW, this day of t3 0? , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the hearing scheduled in this case on January 7, 2011, at 1:30 p.m., shall proceed as scheduled. This Court's prior Order of August 31, 2010, shall also remain in place subject to the following modifications: The mother shall have custody of the minor child on Thanksgiving Day. 2. Father shall have custody of the minor child from 8:30 a.m. on Christmas Eve until noon on Christmas Day. 3. Mother shall have custody of the minor child from noon on New Years Day until noon on January 2, 2011. 4. When mother and father are exchanging custody of the minor child, the exchange point shall be on the driveway or front porch of the marital home. During the time father has custody of the minor child, the mother shall not go into the marital home. However, this provision does not restrict mother from going into the jointly owned marital home at times other than when the father is exercising custody with the minor child. BY THE COURT, M.L. Ebert, Jr., Judge cc: eri D. Coover, Esquire Howard Krug, Esquire M%MlLL 10 2 J t LARYA GARCIA, Plaintiff VS. CHRISTOPHER GARCIA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2010-2767 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. Legal counsel for the parties contacted the Custody Conciliator relative to a holiday visitation schedule and issues with respect to the problems the parties have been having with respect to exchange of custody. The parties agreed upon a holiday schedule, but there was a disagreement on the exchange of custody matter. The Conciliator has considered a lengthy letter from each attorney and recommends an Order in the form as attached. Date: Novemberv , 2010 11/it V/ y, Esquire ubert X. Mciliator Custody 0 LARYA GARCIA, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- at 7?/ CHRISTOPHER GARCIA, CIVIL ACTION - LAW C) Defendant IN CUSTODY ?W zrn WITHDRAWAL AND ENTRY OF APPEARANCE r3 TO THE PROTHONOTARY OF SAID COURT: ,x PLEASE withdraw my appearance as attorney of record for the Plaint, GARCIA, at the above-captioned docket. I l by: Dated: la- %-I-@010 S ri D. Coover, Esquire 4 S. Hanover Street Carlisle, PA 17013 Phone: (717) 960-0075 Fax: (717) 960-0074 v -t r?-> '-,r- i ,rn PLEASE enter my appearance as attorney of record for the Plaintiff, LARYA GARCIA, at the above-captioned docket. Dated: f 2 f COLG RZZACCO LLC By: ?_ Thomas M. Clark, Esquire Attorney ID # 85211 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 LARYA GARCIA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2010-2767 CIVIL ACTION LAW -a3 =M -, CHRISTOPHER GARCIA cnr- -? t IN CUSTODY -< DEFENDANT C-) -e? ?Cz :- err ORDER OF COURT " --- " CJ AND NOW, Thursday, June 09, 2011 , 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 Friday, July 15, 2011 at 8:30 AM 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. 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. GRro Es q. Custody Conciliator l 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 lgd Telephone (717) 249-3166 /Pd /V y 6/9 i/ 448 LARYA GARCIA, IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-2767 c-? © -: CHRISTOPHER GARCIA, CIVIL ACTION - LAW -03 = x-n Respondent IN CUSTODY C2 ° c, ACCEPTANCE OF SERVICE 5-nn Q o? e? I, Howard B. Krug, Esquire, Attorney for the Plaintiff, accept service of the F Atiti6`3r fog Modification of Custody (filed May 31, 2011) and Order of Court (filed June 9, 2011). I certify that I am authorized to accept service on behalf of said, Defendant, Christopher Garcia. Date: ?? ` ?? LARYA GARCIA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS@LVAN I? vs. CIVIL ACTION - LAW mm -r r- - r r. h' o ? CHRISTOPHER GARCIA, : NO. 2010-2767 r-- . CD Defendant IN CUSTODY :X - C c ;z d COURT ORDER AND NOW, this 11 ,.A day of July, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor child to a custody evaluation to be performed by an evaluator selected by the Mother. Cost of the evaluation shall be paid for by the Mother. This shall be an independent evaluation with the evaluator sharing the results of the evaluation with legal counsel for both parties. Additionally, the parties shall cooperate with the evaluator relative to scheduling evaluation sessions and also providing the evaluator with access to any records or individuals the evaluator feels should be included in the evaluation. Upon the conclusion of the evaluation and in the event the parties at that time are unable to reach an agreement on custody, legal counsel for the parties may contact the custody Conciliator directly to schedule another custody conciliation conference which may be a telephone conference. 2. Pending further Order of this Court, this Court's prior Orders of August 31, 2010, and November 30, 2010, shall continue in place subject to the following modifications: A. Pursuant to the agreement of the parties, the Father will have custody of the minor child on Thursday, July 21, for his brother's wedding in Philadelphia. B. The parties shall share transportation for exchange of custody. However, when the Father's work takes him by the Mother's home either going to work or going home from work during a time when there would be an exchange of custody, Father will make arrangements to go by the Mother's home and handle; the transportation on that basis. C. The parties shall continue to work with each other relative to the exact hours of custody subject to the Father's flexible work schedule. D. Each :party shall have one week of vacation with the minor child upon 30 days' notice with the understanding that the vacation shall start in 2012. 3. The parties shall discuss a holiday schedule to include a Christmas schedule and attempt to work out a schedule that is in agreement with both parties. In the event they are unable to work out a schedule, legal counsel for the parties may contact the custody Conciliator to schedule a telephone conference call after which the Conciliator may submit to the Court a proposed Order to address the holiday issue. BY THE COURT: *-?UA M. L. Ebert, Jr., Judge cc: Jo?nas M. Clark, Esquire ward B. Krug, Esquire, LARYA GARCIA, Plaintiff VS. CHRISTOPHER GARCIA, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2767 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Saphira Rose Garcia, born November 23, 2008 2. A Conciliation Conference was held on July 15, 2011, with the following individuals in attendance: the mother, LaRya Garcia with her counsel Thomas M. Clark, Esquire, and the father, Christopher Garcia, with his counsel, Howard B. Krug, Esquire. 3. Mother is seeking a custody evaluation at her own expense and the Court will provide for that. The parties also had a few issues with respect to modifying the existing custody Order and the Conciliator recommends an Order in the form as attached. Date: July 2011 Mlert X. Gilroy, Custody Conciliar a LARYA GARCIA, Plaintiff vs. CHRISTOPHER GARCIA, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2010-2767 IN CUSTODY COURT ORDER AND NOW, this *0 day of June, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's custody order of July 22, 2011, which incorporated and modified the prior orders of August 31, 2010, and November 10, 2010, shall remain in effect. In the event either party desires to modify the existing custody order in the future, that party must file a petition with the court for modification at which time the case will again be assigned to the Custody Conciliator. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT: N-? M. L. Ebert, Jr., Judge r w ?? cc: ?Thomas M. Clark, Esquir e Howard B. Krug, Esquire p, es . /e°d &ke/ a c. -- , a w LARYA GARCIA, Plaintiff VS. CHRISTOPHER GARCIA, Defendant Prior Judge: The Honorable M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2010-2767 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The parties had a custody evaluation in the above matter consistent with the July 22, 2011, Order of Court. Upon the conclusion of the evaluation, one of the parties requested the Conciliator become involved in the case again. 2. A Conciliation Conference was held via a telephone conference with legal counsel for the parties on June 13, 2012. Based upon that conference, the parties agree on the entry of an order in the form as attached. r 14 Date: June 2012 1??A# (` :?? Hubert X. Gilroy, E tuire Custody Conciliato Howard B. Krug, Esquire PA Supreme Court ID# 16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 Fax: (717) 234-0409 hkrug@pkh.com 1"-' k V HO 2.6 Li IIAR I • 8 AM 10: 58 CUFIBERLD COUNTY PENNSYLVANIA LARYA GARCIA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-2767 CIVIL TERM CHRISTOPHER GARCIA, Defendant : CIVIL ACTION - CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Petitioner/Defendant, Christopher Garcia, by and through his attorneys, Purcell, Krug & Haller, and files the following Petition for Modification of Custody: 1. The Petitioner, Christopher Garcia (hereinafter "Father"), is an adult individual currently residing at 221 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent, Larya Garcia (hereinafter "Mother"), is an adult individual currently residing at 601 Georgetown Road, Mechanicsburg, Cumberland County, Pennsylvania. 3 The parties are the parents of one child, Saphira R. Garcia (hereinafter "Child"), born November 23, 2008 (age 5). 4. On April 26, 2010, Mother filed a Complaint for Custody. 5. As a result of the above referenced Complaint, Orders of Court were entered on August 31, 2010, November 30, 2010, and July 22, 2011, respectively (collectively attached hereto as Exhibit "A"). d3 00 p e#3156? R7th RnlnIZA- 6. The parties' currently share legal and physical custody of Child, with Father having physical custody of Child every weekday evening from 7:00 p.m. to 8:30 a.m., and alternating weekends. 7 Father is seeking an Order granting him primary legal and physical custody of Child. 8. Father has not participated as a party or witness or in another capacity, in other litigation concerning the custody of the Child in this or another Court. 9. Father has no information of a custody proceeding concerning the Child pending in a Court of this Commonwealth or any other state. 10. Father does not know of a person not a party to the proceedings who has physical custody of Child or claims to have custody or visitation rights with respect to Child. 11. The best interest and permanent welfare of Child will be served by granting the relief requested because Father has been and is more capable of performing the necessary parental responsibilities for and duties owed to Child, as well as making the best, rational, decisions for Child to better serve her emotional, mental, and educational needs. 12. Father has consistently performed in strict conformity with the factors set forth in 23 Pa.C.S.A. §5328(a), including facilitation of Mother's parental relationship, and avoiding Child's presence when the parties disagree, in marked contrast to Mother. 13. Mother's decision-making seeks to exclude and overrule Father, and it is often based upon extraneous factors; e.g., child should attend an unranked Christian School because it is "safer" than a public elementary school ranked very highly in Pennsylvania. 14. Father is in the best position to provide the care and nurturing, which Child needs for healthy development. 15. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of Child has been named as a party to this action. 16. The Honorable M.L. Ebert, Jr. has been previously assigned to this case, and Hubert Gilroy was the original Conciliator. 17. Opposing counsel, Thomas Clark, Esquire, has been contacted but has not responded as to concurrence, but it is believed that Mother would not concur with this Motion. WHEREFORE, Petitioner requests the Court to grant him primary legal and physical custody of the minor child, Saphira Rose Garcia. ELL, ER KRUG : ' 0 E (/ -1,"- ,AIIIMPIIMEllabb, t":826 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Counsel for Petitioner/Father By: Date: LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY AND NOW, t COURT ORDER day of July, 2011, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The parties shall submit themselves and the minor child to a custody evaluation to be performed by an evaluator selected by the Mother. Cost of the evaluation shall be paid for by the Mother. This shall be an independent evaluation with the evaluator sharing the results of the evaluation with legal counsel for both parties. Additionally, the parties shall cooperate with the evaluator relative to scheduling evaluation sessions and also providing the evaluator with access to any records or individuals the evaluator feels should be included in the evaluation. Upon the conclusion of the evaluation and in the event the parties at that time are unable to reach an agreement on custody, legal counsel for the parties may contact the custody Conciliator directly to schedule another custody conciliation conference which may be a telephone conference. 2. Pending further Order ofthis Court, this Court's prior Orders ofAugust 31, 2010, and November 30, 2010, shall continue in place subject to the following modifications: A. Pursuant to the agreement of the parties, the Father will have custody of the minor child on Thursday, July 21, for his brother's wedding in Philadelphia. B. The parties shall share transportation for exchange of custody. However, when the Father's work takes him by the Mother's home either going to work or going home from work during a time when there would be an exchange of custody, Father will make arrangements to go by the Mother's home and handle the transportation on that basis. C. The parties shall continue to work with each other relative to the exact hours of custody subject to the Father's flexible work schedule. D. Each party shall have one week of vacation with the minor child upon 30 days' notice with the understanding that the vacation shall start in 2012. The parties shall discuss a holiday schedule to include a Christmas schedule and attempt to work out a schedule that is in agreement with both parties. In the event they are unable to work out a schedule, legal counsel for the parties may contact the custody Conciliator to schedule a telephone conference call after which the Conciliator may submit to the Court a proposed Order to address the holiday issue. cc: Thomas M. Clark, Esquire Howard B. Krug, Esquire, BY THE COURT: 13) M. L. E rt, , Judge TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the of said Cie, dey. of .0....,______ ey LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY Prior Judge: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1 The pertinent information pertaining to the child who is the subject of this litigation is as follows: Saphira Rose Garcia, born November 23, 2008 2. A Conciliation Conference was held on July 15,2011, with the following individuals in attendance: the mother, LaRya Garcia with her counsel Thomas M. Clark, Esquire, and the father, Christopher Garcia, with his counsel, Howard B. Krug, Esquire. Mother is seeking a custody evaluation at her own expense and the Court will provide for that. The parties also had a few issues with respect to modifying the existing custody Order and the Conciliator recommends an Order in the form as attached. Date: July 02 , 2011 ert X. Gilroy, E qui e Custody Concilia LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY COURT ORDER NOW, this 3644\-day of Aix) , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that the hearing scheduled in this case on January 7, 2011, at 1:30 p.m., shall proceed as scheduled. This Court's prior Order of August 31, 2010, shall also remain in place subject to the following modifications: The mother shall have custody of the minor child on Thanksgiving Day. 2. Father shall have custody of the minor child from 8:30 a.m. on Christmas Eve until noon on Christmas Day. Mother shall have custody of the minor child from noon on New Years Day until noon on January 2, 2011. 4. When mother and father are exchanging custody of the minor child, the exchange point shall be on the driveway or front porch of the marital home. During the time father has custody of the minor child, the mother shall not go into the marital home. However, this provision does not restrict mother from going into the jointly owned marital home at times other than when the father is exercising custody with the minor child. cc: Sheri D. Coover, Esquire Howard Krug, Esquire BY THE COURT, TRUE COPY FROM RECORD M Testfmony,whereof; I here unto set my hand and the of paid Carlisle, Pa. �_dayol 20 16 LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3 -8(b), the undersigned Custody Conciliator submits the following report: 1. Legal counsel for the parties contacted the Custody Conciliator relative to a holiday visitation schedule and issues with respect to the problems the parties have been having with respect to exchange of custody. The parties agreed upon a holiday schedule, but there was a disagreement on the exchange of custody matter. The Conciliator has considered a lengthy letter from each attorney and recommends an Order in the form as attached. Date: November2 f , 2010 ubert X. Gi oy, Esquire Custody nciliator LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY COURT . ORDER . NOW, this 3/ .1"1. day of August, 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the k day o , 201i at biaor .m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY Custody Order is entered: A. The mother, Larya Garcia, and the father, Christopher Garcia, shall enjoy shared legal custody of Saphira Rose Garcia, bom November 23, 2008. Physical custody of the minor child shall be handled as follows: - Father shall have physical custody on Sunday, Monday, Tuesday, Wednesday and Thursday evenings from 7:00 p.m. to 8:30 a.m; the following morning. On those weekdays, mother shall have custody at other times. ii. For the weekends, father shall have custody on alternating weekends from Friday at 6:00 p.m. through Monday morning at 8:30 a.m. Mother's alternating weekends shall be from Friday morning at 8:30 a.m. through Sunday at 7:00 p.m. iii. Both parties shall enjoy the right of first refusal to be given the first opportunity to provide care for the child in the event the custodial parent will be away from the child for work or other reasons for a period of five hours or more. iv. Neither parent shall be under the influence of alcohol when he or she has custody of the minor child. Additionally, in the event father organizes any weekend parties when he has custody that will involve a group of friends coming to his home, father will contact mother and provide her with the opportunity to provide care for the child during that time. v. The alternating weekend schedule shall commence on Friday, August 27 with father's weekend being that weekend and mother's being the following weekend with the parties altemating thereafter. 3. This order is temporary in nature and does not prejudice the parties from in anyway advancing a different position in a hearing in this case. Additionally, in the event there are any incidents which merit immediate attention by the Court, counsel for either party may contact the Custody Conciliator directly to schedule a telephone conference with the Conciliator and the Conciliator may, as appropriate, recommend a modification of this existing order prior to the hearing. cc: Sheri D. Coover, Esquire Howard Krug, Esquire BY THE COURT, JS/C'C' ) , Judge TRUE COPY. FROMISeCORD In Testimopy whereof; l here unto set:my hand and the seal of Bald Co atOariisle; Pa. This ,3 . ay of . 20 Prothonota[p AFFIDAVIT I, CHRISTOPHER J. GARCIA, hereby swear or affirm, subject to penalties of law including 18 Pa. C.S. §4904 relating to unswom falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa. C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of all that household conviction apply member guilty plea, no contest plea or pending charges O 18 Pa.C.S Ch. 25 (relating to criminal homicide) O 18 Pa. C.S.§2702 (relating to aggravated assault) O 18 Pa. C.S. §2706 (relating to terroristic threats) O 18 Pa. C.S. §2709.1 (relating to stalking) O .18 Pa. C.S. §2901 (relating to kidnapping) O 18 Pa. C.S. §2902 0 Sentence Cr) Cr: (relating to unlawful restraint) 0 18 Pa. C.S. §2903 0 (relating to false imprisonment) o 18 Pa. C.S. §2910 0 (relating to luring a child into a motor vehicle or structure) O 18 Pa. C.S. §3121 (relating to rape) o 18 Pa. C.S. §3122.1 0 (relating to statutory sexual assault) 0 18 Pa. C.S. §3123 0 0 (relating to involuntary deviate sexual intercourse) 0 18 Pa. C.S. §3124.1 0 0 (relating to sexual assault) O 18 Pa. C.S. §3125 0 0 (relating to aggravated indecent assault O 18 Pa. C.S. §312e 0 0 (relating to indecent assault) 18 Pa. C.S. §3127 0 0 (relating to indecent exposure) 18 Pa. C.S. §3129 0 0 (relating to sexual intercourse with animal) 18 Pa. C.S. §3130 0 0 (relating to conduct relating to sex offenders) 18 Pa. C.S. §3301 (relating to arson and related offenses) 18 Pa. C.S. §4302 (relating to incest) O 18 Pa. C.S. §4303 (relating to concealing death of child) O 18 Pa. C.S. §4304 0 (relating to endangering welfare of children) O 18 Pa. C.S. §4305 (relating to dealing in infant children) O 18 Pa. C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa. C.S. §5903(c) or 0 (d) (relating to obscene and other sexual materials and performances) 18 Pa. C.S. §6301 (relating to corruption of minors) O 18 Pa. C.S. §6312 0 (relating to sexual abuse of children) 18 Pa. C.S. §6318 (relating to unlawful contact with minor) 18 Pa. C.S. §6320 0 (relating to sexual exploitation of children) O 23 Pa. C.S. §6114 0 0 (relating to contempt for violation of protection order or agreement) O Driving under the influence of drugs or alcohol O Manufacture, sale delivery, holding, offering for sale or possession of any controlled substance or other drug or device 0 0 0 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply Self Other household member O A finding of abuse by a Children & 0 0 Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction O Abusive conduct as defined under 0 0 the Protecton from Abuse Act in Pennsylvania or similar statute in another jurisdiction O Other: 0 Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to child. 5. If you are aware that the other party or members of the other party's household has or have a criminallabuse history, please explain: I verify that the information above is true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. C it■ Printed Name VERIFICATION I, Christopher Garcia, hereby verify that the facts contained in the foregoing PETITION FOR MODIFICATION OF CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Christopher Garcia CERTIFICATE OF SERVICE I, ANGELA S. SHAFFER , an employee of the law firm of Purcell, Krug & Haller, counsel for Petitioner /Defendant hereby certify that service of the PETITION FOR MODIFICATION OF CUSTODY was made on the following via Regular Mail on March J, 2014: Thomas M. Clark, Esquire COLGAN MARZZACCO LLC 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Respondent/Plaintiff LARVA GARCIA : IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. CHRISTOPHER GARCIA DEFENDANT CUMBERLAND COUNTY, PENNSYLVANIA 2010-2767 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 24, 2014 , 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, May 01, 2014 9:00 AM 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. 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. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT. By: Is/ Hubert X. Gilroy, 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. es 2a..ilseL Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 N.) c_) 2: — LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY PRIOR JUDGE: The Honorable M.L. Ebert MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take no more than 1/4 day. Date: May 1 , 2014 Hubert X. Gil y, Esquire Custody C ciliator LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. COURT ORDER AND NOW, this ,511—day of , 2014, upon consideration of the attached Custody Conciliation report, it is ordered and direr ed as follows: 1. -A Fe -tial conte e -2(4-1-47-at • , - i G .. se-an-ttru—ay o tse. The parties are directed to proceed with filing a pre-trial statement with the Court and the other party consistent with Pennsylvania Rule Of Civil Procedure 1915.4-4. �� dloL- • 2. A hearing is scheduled in Court Room No. 2 of the Cumberland County Courthouse on the ay of j 2014 at 9,'OD m. 3. Pending further Order of this Court, this Court's prior of July 22, 2011, shall remain in place. No party shall be permitted to relocate the residence of the child where said relocation will significantly impair the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. Any party proposing to relocate MUST comply with 23 Pa. C.S. § 5337. BY THE COURT: M. L. Ebert, Jr., Judge cc: `"_Thomas M. Clark, Esquire ✓Howard B. Krug, Esquire C O i'Es aLcii 1£L .5//2//e( LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CHRISTOPHER GARCIA, : NO. 2010-2767 Defendant : IN CUSTODY PRIOR JUDGE: The Honorable M. L. Ebert, Jr. CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Saphira Rose Garcia, born November 23, 2008 2. A Conciliation Conference was held on May 1, 2014, with the following indiNiduals :.ci in attendance: The mother, LaRya Garcia, with her counsel, Thomas M. Clark, Esquire; and the father, Christopher Garcia, with his counsel, Howard B. Krug, Esquire. Ii 3. The main issue in this case appears to be whether the child is going to attend a public school or a private religious school starting in Kindergarten next August or September. In conjunction with that issue, the parties are at odds relative to a variety of issues concerning the child, and father is suggesting that he should be awarded sole legal custody because of those issues. Mother is going to assert the same claim. 4. The parties cannot resolve the issues, especially as it relates to the schooling, and a hearing is required. A hearing should take no more than one half day. Date: May / , 2014 H•( bert X. ' roy, Esquire Custody ,-.nciliator LARVA GARCIA, Plaintiff F ILED-OFI~ ICE OF THE PROTHONOTAi 'i 24l4 JUL 28 PM 2: 4 CUMBERLAND COUNTY PENNSAVIVItitOURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-2767 CIVIL TERM CHRISTOPHER GARCIA, Defendant : CIVIL ACTION - CUSTODY STIPULATION FOR CUSTODY AND NOW, comes LARVA GARCIA, Mother, and CHRISTOPHER GARCIA, Father, and stipulate to the following terms with respect to the education of their daughter, SAPHIRA GARCIA: 1. Saphira will attend the Carlisle Christian Academy for the coming school year (Kindergarten) with each party paying 50% of the expense. 2. For First grade, Saphira shall attend Mooreland Elementary School with each party paying 50% of before and after school costs. 3. For Second grade and thereafter, as to choice of schools, the parties will arrive at an amicable determination greater than four (4) months prior to the start of school. The foregoing Stipulation shall be incorporated as an Order of Court. CH STOPHER GARCIA, Defendant THE PROTiiONG 2014 JUL 29 AM 10: 1 1 CUMBERLAND COUNTY PENNSYLVANIA LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 2010-2767 CIVIL TERM CHRISTOPHER GARCIA, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT 'lh AND NOW, this day of "j l , 2014, the foregoing Stipulation of the parties is hereby made an Order of Court. The hearing scheduled for Monday, August 4, 2014, at 9:00 a.m. is hereby cancelled. BY THE COURT: 1k \� �a- M: L. Ebert, Jr., Judge Distribution: 5 as M. Clark, Esquire, 130 W. Church St., Suite 100, Dillsburg, PA 17019 -2olopher Smull, Esquire, 130 W. Church St., Suite 100, Dillsburg, PA 17019 ward B. Krug, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 Court Administrator Qey3,*zx f n-�Z.t LL 7f 4ffY LARYA GARCIA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2010-2767 CIVIL TERM CHRISTOPHER GARCIA, Defendant : CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this 30 day of , 2014, the foregoing Stipulation of the parties is hereby made an Order of Court. The hearing scheduled for Monday, August 4, 2014, at 9:00 a.m. is hereby cancelled. BY THE COURT: \\‘ MI L. Ebert, Jr., Judg C) r n cn v rn c> -4 Distribution: omas M. Clark, Esquire, 130 W. Church St., Suite 100, Dillsburg, PA 17019 t/I1ristopher Smull, Esquire, 130 W. Church St., Suite 100, Dillsburg, PA 17019 ...11'oward B. Krug, Esquire, 1719 N. Front Street, Harrisburg, PA 17102 Court Administrator — , r c€cLi* es frigiv,s(_, �liy