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HomeMy WebLinkAbout04-4688 v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 ~l/~N> C!I(J ~C I ~""\ WILMER D. GARCES, Plaintiff KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Front and Market Streets, First Floor, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 WILMER D. GARCES, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANV NO. 2004 - LftJ>? C.iL>~L <-r~ KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualiquier otra queja 0 compensacionreclamados por el demadante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando las base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Dauphin County Court of Common Pleas, Front y Market Streets, Harrisburg, Pennsylvania. SI USTED RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 LAGUNA REYES MALONEY, LLP I I I 9 NORTH FRONT STREET. HARRISBURG, PA I 7 I 02 TEL.; (717) 233-5292: I FAX; (7 r 7) 233~5394 ATTORNEY FOR PLAINTIFF WILMER D. GARCES, Plaintiff v. !} !} !} !} !} ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - IJ&.}J Ciu~L '-r'U2-W'1.. CIVIL ACTION - IN DIVORCE KAREN S. GARCES, Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Wilmer D. Garces, by and through his attorneys, Laguna Reyes Maloney, LLP, and represents as follows: I. Plaintiff is Wilmer D. Garces, an adult individual currently residing at 1121-11 Columbus Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Karen S. Garces, an adult individual currently residing at 319 Geary A venue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on January 26, 2001, III Harrisburg, Pennsylvania. 5. Plaintiff and Defendant are citizens of the United States of America. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. Plaintiff avers that there is one child of the parties under the age of 18, namely: Danny Andres Garces, born December 21, 2001. COUNT I IRRETRIEVABLE BREAKDOWN 3301(c) of the Divorce Code 8. Paragraphs 1 through 7 are hereby incorporated by reference and made a part hereof. 9. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since May 20, 2004, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 11. Plaintiff requests the Court to enter a decree of divorce. COUNT II CHILD CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff hereby seeks shared custody of the above-mentioned child. 14. The Plaintiff and Defendant are the natural mother and father of the said child. 15. Plaintiff has not participated as a party in other litigation concerning the custody of the child in this or in another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the relief requested. 18. 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. 19. Defendant is presently employed and receiving substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows; 1. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. 2. As to Count II, that your Honorable Court enter a decree granting shared legal custody of the child. 3. Such other additional relief as the Court deems necessary and appropriate. VERIFICATION I verify that the statements made in this divorce complaint are true and correct. I understand that false statements made herein may subject me to penalties ofPa.C.S. 94904 relating to unsworn falsification to authorities. \N \L~ ~. t9MJ.Je'S P. Wilmer D. Garces, Plaintiff ~ ,~ -- Ce C'\ ....J !e VJ ~ --G. ~ RJ ~:o ~ 0 ~ 'r't 0 Cf\ o () () I \ -cJ fL~ 3;;.'8- --:t:'-L., '.' '~""..:'.Q."...'...., ... '.' , , - " ('f 'J:J WILMER D. GARCES, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - IN DIVORCE KAREN S. GARCES, Defendant : NO. 2004-4688 CIVIL TERM PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of the Defendant, Karen S. Garces, in the above captioned matter. Respectfully Submitted, R~l: Certified Legal Intern l:t~~- ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (") r--;> 0 c::::> C': f"::":> -n -:-;." .r- .,..... ""'.. ---I " I ,",,- ;1;-1'1 C) ...ri~ ,lll= I I :q, QJ [ ~ _.J 'Ii Ul ~.) ~~-:: I (;:~' ~~1; " ~ .< , (.~.~\ .. - --, f,,__. :.-.) \ it ~~; '';::\ ~ _..~... c'J'1 ;J:l -< Ul ..,<,.: LAGUNA REYES MALONEY. LLP I I I 9 NORTH FRONT STREET, HARRISBURG, PA 17 I 02 TEL.: (7 t 7) 233-5292/ FAX: (717) 233-5394 AlTORNEYS FOR PLAINTIFF WILMER D. GARCES, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE MOTION FOR PROMPT SCHEDULING OF A PRE-HEARING CUSTODY CON]?ERENCE AND NOW, comes the Plaintiff, Wilmer D. Garces, by and through his attorney, Laura C. Reyes Maloney, pursuant to Cumberland County Rule of Procedure 1915.3-I(b), and represents as follows: I. On September 17, 2004, Plaintiff filed a divorce complaint which asserted a custody claim (Exhibit A). On October 20, 2004, the Defendant accepted service of the divorce complaint (Exhibit B). 2. The parties have been unable to reach an agreement concerning custody of their child, Danny Andres Garces, born December 21,200 I. Defendant, Karen S. Garces, the child's mother, has repeatedly threatened to leave the United States with the child and prevent any future contact between Plaintiff/Father and the child. WHEREFORE, Plaintiff request the Court to grant the parties shared legal and physical custody of the child. Respectfully submitted, 3/'4 /05"" . Date ~~- BY~~ L II ura C. Reyes Maloney, Supreme Court LD. N Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMER D. GARCES, Plaintiff NO. 2004 - lJWf Cl"u~ l '-r07-l KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are wamed that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Front and Market Streets, First Floor, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE IS GRANTED OR ANNULMENT, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERATONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ;:) ""-.) 05 C) -1;- 11 .S:) >"l ::;j "v ['7'1.:1.1 __ ',,_ r-"... ;; (VW -~:,-c) r:;> C\r'T] -c- ::.;::: /"..) 2i! EXHIBIT A H>fl v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMER D. GARCES, Plaintiff NO. 2004 - CV - - DV KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualiquier otra quej a 0 compensacion reclamados por el demadante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando las base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Dauphin County Court of Cornmon Pleas, Front y Market Streets, Harrisburg, Pennsylvania. SI USTED RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lot'l LAGUNA REYES MALONEY, LLP I I 19 NORTH FRONT STREET, HARRISBURG, PA I 7 I 02 TEL.; (717) 233-5292 I FAX: <7 I 7) 233-5394 ATTORNEY FOR PLAINTIFF WILMER D. GARCES, Plaintiff v. s s s s s s s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - CV - - DV KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Wilmer D. Garces, by and through his attorneys, Laguna Reyes Maloney, LLP, and represents as follows: 1. Plaintiff is Wilmer D. Garces, an adult individual currently residing at 1121-11 Columbus Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Karen S. Garces, an adult individual currently residing at 319 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant are both bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately prior to the filing of this Complaint 4. Plaintiff and Defendant were married on January 26, 2001, III Harrisburg, Pennsylvania. 5. Plaintiff and Defendant are citizens of the United States of America. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 3 of 1 7. Plaintiff avers that there is one child of the parties under the age of18, namely: Danny Andres Garces, born December 21, 200 I. COUNT I IRRETRIEVABLE BREAKDOWN 3301(c) ofthe Divorce Code 8. Paragraphs 1 through 7 are hereby incorporated by reference and made a part hereof. 9. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since May 20, 2004, and continue to live separate and apart as of the date of filing this Complaint. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 11. Plaintiff requests the Court to enter a decree of divorce. COUNT II CHILD CUSTODY 12. Paragraphs 1 through II are incorporated herein by reference as if set forth in their full text. 13. Plaintiff hereby seeks shared custody of the above-mentioned child. 14. The Plaintiff and Defendant are the natural mother and father of the said child. 40tl 15. Plaintiff has not participated as a party in other litigation concerning the custody of the child in this or in another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 16. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child and claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the relief requested. 18. 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. 19. Defendant is presently employed and receiving substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows: 1. As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. 2. As to Count II, that your Honorable Court enter a decree granting shared legal custody of the child. 3. Such other additional relief as the Court deems necessary and appropriate. 5 0+ I Respectfully submitted, ch Olfl 0- C. ~ Laura C. Reyes loney, Esquire Supreme Court 1.D. No.: 78075 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Hanisburg, PA 17102 (717) 233-5292 ~ of 1 VERIFICATION I verify that the statements made in this divorce complaint are true and correct. I understand that false statements made herein may subject me to penalties ofPa.C.S. S4904 relating to unsworn falsification to authorities. '\t1\l~ ~. fs{W.lG<S P. Wilmer D. Garces, Plaintiff 1 of 1 WILMERD. GARCES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2004 - 4688 - CIVIL TERM KAREN S. GARCES Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT FOR RETUfu'< OF SERVICE AND NOW, this 20th day of October, 2004, I, Karen S. Garces, accept the Notice to Defend, the Complaint in Divorce, which I received from the Plaintiffs attorney. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date \'" - 2a .- eel \ . , ,z~~" (-)n.'<( """ Karen S. Garces EXHIBIT B VERIFICATION I verify that the statements made in the foregoing Motion for Prompt Scheduling of a Pre-Hearing Custody Conference are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ;\U\E K \) .6-A-RUSP Wilmer D. Garces LAGUNA REYES MALONEY. LLP I rig NORTH FRONT STREET, HARRISBURG, PA 17 r 02 TEL.: (7 I 7) 233'5292/ FA)C (7 I 7) 233.5394 ATIORNEYS FOR PLAINTIFF WILMER D. GARCES, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a copy of the Motion for Prompt Scheduling of a Pre- Hearing Custody Conference filed in the above-captioned matter upon Defendant via first- class U.S. mail upon Defendant to the following address: Ms. Karen S. Garces 319 Geary Avenue New Cumberland, P A 17070 31/o/rJ5" Date I ' ~ ..,j - ~}' ~ '\ ~t \. ~ ,\., ~ . ~ ~ t. \ r ") ":"f\ .~ f"" ~ ~. ,\.;) .' , , c.) WILMER D. GARCES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-4688 CIVIL ACTION LAW KAREN S. GARCES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, ___Wednesday, Marcb16, 2005., __.,.__' upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, AprilJl.. 200~._ , the conciliator, at 11:00 AM ~_._. for a Pre-Hearing Custody Conference. At such conference, an effort wi\1 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. All children age five or older mav also be present at the conference. Failure to appear at the conference may provide grounds ft)r entry of a temporary or permanent order. Tbe court bereby directs tbe parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 bours prior to scbeduled hearing. FOR THE COURT. By: Isl Dawn S. SupdaV, Esq. Custody Conciliator ,If 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 coul1, please contact our omce. 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 TELEPHONErHE 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) 249-3 166 I?r,.~-' (frP ?f' IrrryrN.1 fretJ7 17(1"'7 Ifj-' u. > <;/P cf ~{ r41J.., ~ I}p "t r I#,J . f"J " ',~ --~ j . ',," ------- 01t.J [ (;0 L I r 50' () ( - - WILMER D. GARCES, Plaintiff v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE STIPULATION TO THE HONORABLE JUDGE OF SAID COURT: Wilmer D. Garces and his attorney, Laura Reyes Maloney, Esquire, and Karen S. Garces and her attorney, Lucy Johnston-Walsh, Esquire, do hereby stipulate and agree that the Judge of this Court of Common Pleas of Cumberland County, Pennsylvania, before whom this matter has been assigned, may enter the Decree and Order of Court hereto attached. ~f{\ I ' (I i1 clOCi5 Date IN ,U{eR 1:>. GA-\2Ce;::y_ Wilmer D. Garces, Plaintiff Y-II-OS Date j Laura C. Reyes oney, Esquir Attorney for Plainti {\?\\\. \?,. DS Date \(77-\e.,\\ Gc:.~'(ce~ Karen S. Garces, Defendant a ~ 13 dOO') Datt ) .j) 1-' ~ ~cJ~r( uc J on- Walsh, Esquire Attorn y for Defendant Page 6 of 6 ------ () , t",,,; r) :::.ri ::;::1 ;';', ...0 -n .' l~) ". , , - -; ..) :"", RECEIVED APR 1 3 2~ WILMER D. GARCES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 04-4688 CNIL ACTION LAW KAREN GARCES Defendant IN CUSTODY ORDER AND NOW, this 11th day of April,2005 , the conciliator, being advised by plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for April 13,2005, is cancelled. FOR THE COURT, ~ Dawn S. Sunday, ESqU~ Custody Conciliator -;::: ~~, 'J_C:. C?'~,':,~ ott U..J ;?-\..u ..;..-::r;. r- D-- o (::;) ('1 - u.-- lf1 - ('~ c- ~ -'" ~ "'~ ~~ ,-,> ., (:J - ~ RECEIVED APR 2020051 ty v. ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILMER D. GARCES, Plaintiff NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE DECREE AND ORDER OF COURT AND NOW, this..zJ.J day of ~, 2005, pursuant to the attached Stipulation ofthe parties, it is ORDERED and DECREED: 1. Plaintiff, Wilmer D. Garces (hereinafter also referred to as "Father" or "parent"), and Defendant, Karen S. Garces (hereinafter also referred to as "Mother" or "parent"), shall share legal and physical custody of their minor child, Danny Andres Garces, born December 21, 2001. 2. Mother and Father agree that the major decisions concerning the child's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy in the child's best interests. 3. Each parent agrees not to impair the other parent's right to share legal custody of the child. 4. Each parent agrees to keep the other parent informed of the progress of the Page] of 6 0' c-I C'.,) ",.) c-J ~ 'r-' ~\~ t,j \.r~ ~~~-~}, l:-~ ~..) :) ,--------.-- . _._~._..,'------- --- child's education and social adjustments. 5. Each parent shall notify the other of any activity that could reasonably be expected to be of significant concern to the other parent 6. Each parent agrees to give support to one another in their role as parents and to take into account the consensus of the other for the physical and emotional well- being of the child. 7. Mother shall have primary physical custody of the child and Father shall have periods of partial physical custody according to the following schedule: a. If Mother resides within a twenty-five-mile radius of Harrisburg, Pennsylvania, Father shall have periods of partial physical custody as follows: 1. every Sunday from 10:00 a.m. to 6:00 p.m.; I!. a minimum of a four-hour period every other week, the exact times to be determined by the parties no later than 6:00 p.rn. on the Sunday prior to said period; and 111. at such other times as the parties may agree. b. If Mother is residing outside of the United States, Father shall have the child during the summer for no less than four (4) weeks or for Christmas for no less than ten (10) days, and at such other times as the parties may agree. Father shall pay the costs of transporting the child no more than Page 2 of 6 once per year. 8. If either parent intends to move more than twenty-five-miles away from Harrisburg, Pennsylvania, said parent shall provide the other parent with a written notice of his or her planned move no less than sixty (60) days before he or she actually moves. 9. During the time that a parent does not have primary physical custody of the child, said parent shall have the right to speak with the child by telephone on a liberal basis as mutually agreed upon by the parents. 10. Both parents shall mutually agree upon a location for exchange of the child and provide all transportation necessary to transport the child to said place of exchange. It is the parents' understanding that the point of exchange shall be approximately halfway between the parents' homes. II. The parents agree to be flexible in allowing each parent to "make-up" lost time with the child. 12. Each parent agrees to notifY the other if the child is involved in any significant accident, injury or illness. The parents agree to cooperate in sharing any of the child's medical insurance information. In addition, if the child has been prescribed medication, the custodial parent agrees to dispense said medication pursuant to the prescribing doctor's orders. 13. Each parent shall have equal rights and access to visit the child if the child is Page 3 of 6 confined to a medical institution so long as said visits are consistent with medical advice. 14. Both parents shall use age-related safety constraints for the purpose of transporting the child, if applicable. 15. Neither parent shall abuse alcohol or use illegal substances while the child is in his or her custody, nor shall either parent use alcohol to the legal limit while driving the child or allow others to do the same. 16. Neither parent shall make derogatory statements about the other parent or the other parent's family while in the presence of the child; rather, both parents shall encourage a loving relationship among everyone. 17. If Mother and Father have any dispute regarding any subsequent oral agreements that may be entered into regarding custody, they shaH, by default, strictly adhere to the terms of this Agreement, unless a prior written agreement has been executed with the same formality as this Agreement, in which case such written agreement shaH be strictly adhered to. 18. This Agreement has been translated in full to Spanish, the parents' primary language. 19. The parents acknowledge that they consider the provisions of this Agreement to be fair, just and reasonable, and that each enter into this Agreement freely and voluntarily. Page 4 of 6 20. Both parents have had the opportunity to consult with and obtain the advice of separate legal counsel prior to signing this Agreement. 21. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain sole jurisdiction over this case. 22. This Agreement shall be construed and governed by the laws of the Commonwealth of Pennsylvania. J. Page 5 of 6 WILMER D. GARCES, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - IN DIVORCE KAREN S. GARCES, DefendantlPetitioner : NO. 2004-4688 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Karen S. Garces, the DefendantlPetitioner, to proceed in forma pauperis. I, Brenda Coppede, ofthe Family Law Clinic, Certified Legal Intern, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the parties. Date: ~ (zs!m ~6,tr,M Certified Legal Intern ,~~ Robert E. Rams Lucy Johnston-Walsh Anne MacDonald-Fox Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 r-> c= = eft L.. ~ o -n ..... :r: -r~ rnE -nl " :''<'? '~~,~~ <'i(~ :2!rn "il :;< N .r;- ~':,. 4'~' -.." c:; CJ (..n - v. : IN THE COURT Of COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - ll'i DIVORCE WILMER D. GARCES, PlaintifflRespondent KAREN S. GARCES, DefendantlPetitioner : NO. 2004,4688 CIVIL TERM PETITION FOR ALlMON'\( AND NOW comes the DefendantlPetitioner in the above~captioned divorce action, by and through her attorneys, the Family Law Clinic, and sets forth the following petition for alimony, pursuant to PaRC.P. 1920(15)(b): 1. On or about September 14,2004, the Plaintiff/Respondent Wilmer D. Garces filed a complaint in divorce. 2. Petitioner and Respondent were married on January 26, 2001, in Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner is 34 year old and was in a car accident in April 2004. She is unable to work due to the injuries sustained from the accident 4. Petitioner is the primary caretaker of the parties' child, age three. 5. Petitioner is an immigrant from Ecuador and speaks very little English. 6. Respondent is employed and is financially able to provide for the reasonable needs of the Petitioner. 7. Petitioner requires reasonable support to adequately maintain herself in accordance with the standards of living established during th(~ marriage. 8. Petitioner lacks sufficient property to provide for her reasonable needs and is unable to support herself through full,time employment WHEREFORE, Petitioner requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. ~~~ /~DA COPPE ~ Certified Legal Intern ~: r'vufj/L C ONALD-FOX LUCY STON- WALSH ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 VERIFICATION I hereby verify that the statements made in the foregoing Petition for Alimony are true and correct, to the best of my knowledge, information, and belief. I understand making a false statement would subject me to the penalties of 18 Pa.C.8. Section 4904, relating to unsworn falsification to authorities. Date: Ob - 23 -'OS. \ /7 I ----S::-o.. '<0<"'\ ~('c.es. Karen S. Garces Cl ( , f-], ~.:::!. V' (...c- , q, ~.:? -D r'(l f::~ ~n\? ..) <-~-?~t-r\ ,,) '~ " i::;.? c:) ~. ~. ~'!t\ :~2 WILMER D. GARCES, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - IN DIVORCE KAREN S. GARCES, Defendant : NO. 2004-4688 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter hereby elects to retake and hereafter use her previous name of Karen S. Viteri, and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa. C.S. 8704. \<~~'\\ :=-)Go\(.e~ . Karen S. Garces Wishes to Be Known As: \<- &'(~f\ S.;J'\-\&,R\ Karen S. Viteri COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 25'" day of October, 2005, before me, a Notary Public, personally appeared Karen S. Garces, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial SeaL d/;4 /:zZ.fl;?<<"c:- NOTARY PUBLIC NOTARIAl SEAL LINDA M. CARVER, NOTARY PUBLIC CARLISLE BORO" CUMBERl~NO COUNlY MY COMMISSION EXPIRES DEC. 5 2006 ~0~ ~ ~ p () ~ --.S, C> r"'.-' -~, ~ d: c::~. .' c: - v. S IN THE COURT OF COMMON PLEAS OF S CUMBERLAND COUNTY, PENNSYLVANIA S S NO. 2004 - 4688 S S CIVIL ACTION - IN DIVORCE S WILMER D. GARCES, Plaintiff KAREN S. GARCES, Defendant PLAINTIFF'S MOTION FOR APPOINTMENT OF MASTER Wilmer D. Garces, Plaintiff, moves the Court to appoint a master with respect to the following claims: (.I) ( ) (.I) (.I) Divorce Annulment Alimony Alimony Pendente Lite () Distribution of Property (./) Support () Counsel Fees () Costs and Expenses and in support of the motion states: I. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant's attorney is: The Family Law Clinic, 45 North Pitt Street, Carlisle, PA 17013-2899. 3. The statutory ground for divorce is 23 Pa.C.S.A. ~3301(c). 4. An agreement has been reached with respect to the following claims: annulment. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take one (I) day. aura c. Reyes Mal ney, Esquire upreme Court L1Y.No.: 78075 - Attorney for Plaintiff itted, " ~/L/ Respectful! s LAGUNA REYES MALONEY, LLP 1119 N. Front Street Harrisburg, P A 17102 (717) 233-5292 ""'''' ( c':" '-; ','; .---- WILMER D. GARCES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2004 - 4688 - CIVIL TERM KAREN S. GARCES Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT FOR RETURi'\l OF SERVICE AND NOW, this 20th day of October, 2004, I, Karen S. Garces, accept the Notice to Defend, the Complaint in Divorce, which I received from the Plaintiffs attorney. I verify that the statements made in this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date \"" . 2c - c,/ \ (' '<'~~-5?>-~~)" Karen S. Garces ., , ,.. ~ LAGUNA REYES MALONEY, LLP I I f 9 NORTH FRONT STREET, HARRISBURG, PA I 7 I 02 TEL-.: (717) 233-5292 I FAX: (717) 233-5394 ATTORNEYS FOR PLAINTIFF WILMER D. GARCES, Plaintiff v. KAREN S. GARCES, Defendant ~ ~ ~ ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 4688 CIVIL ACTION - IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT 1121 Columbus Ave. #11 Plaintiff's Street Address Lemovne, PA 17043 City - State - Zip Code Laura C. Reves Maloney, Esquire Attorney for Plaintiff 1119 North Front Street Street Address Hanisburg, PAl 7102 City - State - Zip Code (717) 233-5292 (Area Code) Telephone No. Defendant's Street Address City - State - Zip Code Attorney for Defendant Street Address City - State - Zip Code (Area Code) Telephone No. Page 1 . , INCOME See detailed paystub attached hereto as "Exhibit A". EXPENSES See monthly expense itemization attached hereto as "Exhibit B". Page 2 .~ ~'-;. PAYTO ORDER OF WILMER GARCES 1121 COLUMBUS AVE #11 LEMOYNE PA 17043 I **vO I 0** I AMOUNT **VOID****THt~ IS NOTA CHECK****VOID****THIS IS NOT A CHECK** KEYBANK DEPOSIT ACCOUNT DEPOSIT AMOUNT CLEVELAND. OHIO 02057659q8 ******441.38 ,** Non Negotiable ** Al01-!9RIZED 5.IGNATURE(S) . FOLD AND REMOVE YOUR BANKING ,,"rl'."~.'''II;1> JII.lilll;ao';Ih'l'III.11 "11.'''11''''. '.Il 11.11 .'t:1~""1~ .~IIl'11I1 1 .,;r"I.,," 1~1-.'1'"IW";I,";aoI'I""'I"'"' 1"'....1...,1.1,." ,'I" "'"J"".rl" I lU"1 'ITI. 1:11..:....' ":llI"~ I~," I I, 1:1"",t', .., i~1 ITEM AMOUNT DEPOSIT TO ACC] # NET 44].38 0205765908 .:r'WWNtJ; REGULAR OVERTIME HOURS RATE 80.00 ]1.000 13.25 ]6.500 FOLD AND REMOVE . 'fl~[ll1li1i-r---'Il""M.1IUi II 880.00 2]8.63 -.:tj~/:J..}"I~:.h1}~.':11"'-'''il.N PATTON PICTURE COMPANY 207 LYNNDALE CT MECHANICSBURG.PA 17050 TOTAL EARNINGS 1098.63 21894.28 "J/.'N~"'tf.'''"j.; PAY PERIOD 10/02/05 TO 10/15/05 CHECK DATE 10/19/05 CHECK I 13919 M 01 M 00 2.0% M 00 b.......','.fM.l1111i 1310.54 306.48 1335.33 648.91 19.72 422.77 10.00 PERSONAL INFORMATION TOTAL WITHHOLDINGS 197.12 4053.75 WILMER GARCES 1121 COLUMBUS AVE III lEMOYNE PA 17043 SSI XXX-XX-5908 EMPLI 000729 DEPTI 000400 "".~I'j.-:'iJ~/~.1i" PRE INS WAGE ATTCH '.'.'~'M.l'Jo1i 56.75 403.38 _ 756.84 5092.55 _ TOTAL ADJUSTMENTS 460.13- EXHlBlTA 10+ I Payrolls by Paychex, Inc. 0028 6242 0150 000400 NET PAY 441.38 11991. 14 . ) Income and Expense Statement Section III: Expenses PACSES Case Number Instructions: Only show cxtraOfdinary expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT arc especially important for calculating child suppon. If you arc requesling Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or fonnula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mongage/Rent $ $ 52.0 $ Maintenance UtiWies Elecrric $ $ reo $ GflS - Oil Tekphone fIlQ \Vaier .- Sewer Emnlovrnent Public Transport. $ $ -- $ Lunch ~ Taxes Real estate $ $ - $ Personal Property - bsurance Homeowner's $ $ ~ $ Aut(lmobile '60' Life - Accident - Health '50 Other - Automobile Payme.nts $ $ - $ Fuel 160 Repairs .",'0 Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine , ~pedal needs (glasses, braces, orthonedic devices EXPENSES tFill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ SO $ Food :Aon Barberi 3Q Hairdf"~ser Credit Payments Credit Card Ion Charge Memberships Loans Credit Union $ $ $ -- Miscellaneous Household Help $ $ $ Child care Paperslbooks Ma<>azines Entertainment 4\J Pay TV An Vacation Gifts Legal fees Z^' Charitable C nt~~~tions Other Cbild Lj CI '1 Su..........rt Alimony /Spvil'!>1..1 d 4J.5 Payments <: v Other $ $ $ I ~~~:nses: I $ WEEK $;G~q. . " $ YEAR ] I verify that the statements made in this lncome and Expense Stltemenr are true and correct. I understand that false statements herein are subject to the crimiml penalties of 18 Pa. C.S. ~ 4904, relating (0 unsworn falsification to authorities. l ~ -:;:':1 - 05 D3.te Service Type M \I\\\\.Jltk.. D. <OA{li;2S,. ~. Plaintiff Gr Defend,mt ref- I Page 3 00 Form 1N'{)o8 Worker ID 22410 EXHIBIT B I VERIFICATION I, Wilmer D. Garces, verify that the facts set forth in the Plaintiffs foregoing Income and Expense Statement, including all attachments thereto, are 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. 04904 relating to unsworn falsification to authorities. 1.J.~-()~ Date \W\lt{0\ \),~f Wilmer D. Garces, Plaintiff Page 3 0..'\ c. (~. , .-------- WILMER D. GARCES, Plaintiff v. KAREN S. GARCES, Defendant AND NOW, this Appointment of Master, S IN THE COURT OF COMMON PLEAS OF S CUMBERLAND COUNTY, PENNSYLVANIA S S NO. 2004 - 4688 S S CIVIL ACTION - IN DIVORCE S ORDER APPOINTING MASTER ~Jai da~-/~n consideration of Plaintiffs Motion for C ~J da:hu.ll ,~pointed Master with / respect to the following claims: divorce, support, alimony pendente lite, and alimony. DISTRIBUTION: (~~E)~ ~v(~~~ J. Laura C. Reyes Maloney, Esquire (Attorney for Plaintiff), 1119 N. Front St., Harrisburg, PA 17102 Charece Collins, Certified Legal Intern (Attorney for Defendant), Family Law Clinic, 45 N. Pitt St., Carlisle, PAl 70 13.2899 r-c; '- ".I.'r., '. <(.. .~ 1 Z D3J -~....._""'"- -,-,--..... LAW OFFICES OF DlLS & DlLS DIANE M. DlLS, ESQUIRE Attorney J.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Wilmer D. Garces WILMER D. GARCES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2004-4688 Civil Term KAREN S. GARCES, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Laura C. Reyes Maloney, Esquire, on behalf of the Plaintiff, Wilmer D. Garces, and enter the appearance of Diane M. Dils, Esquire, on behalf of the Plaintiff, Wilmer D. Garces. Respectfully submitted, Respectfull submitted, iane M. Di s, EsqUIre 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 B Laura C. Reyes Ma sqUIre 1119 North Front et Harrisburg, PAl 7 1 02 (717) 233-5292 I.D. No. ,)~O'1S Date: "-9 -Dc;, , n r,,) e.. ...i j-.....-:' , .-1 .r:- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE WILMER GARCES, Plaintiff KAREN GARCES, Defendant : NO. 04 - 4688 CIVIL TERM CERTIFICATE OF SERVICE I, Keith Hickman, Certified Legal Intern, Family Law Clinic, hereby certify that I served an original and one copy of the Defendant's Answers to Interrogatories on Diane M. Dils, Esq., by depositing a copy of the same in the United States mail, first class, postage prepaid on the 8th day of August 2006, addressed as follows: Diane M. Dils, Esq. Law Offices of Dils & Dils 1400 North Front Street Harrisburg, PA 17102 F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 ~!." ~ 41.' z (, <5. ~-::. ~c -:. ~ >"C - (5 ~o c:a """ ; ~ i LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney LD. No. 71873 1400 North Second Street First Floor Front Harrisburg, P A 17102 (71 7) 232-9724 Attorney for Plaintiff, Wilmer D. Garces: WILMER D. GARCES Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE MOTION TO REVOKE MASTER /ll/ .' AND NOW thi~ day of ..-r;I/I~/ ,2007, comes the counsel for the Plaintiff Wiln1er D. Garces, and respectfully requests the following: 1. The Plaintiff, Wilmer D. Garces, is represented by Diane 1\1. Oils, Esquire whose office is located at 1400 North Second Street, First Floor Front, Harrisburg, P A 17102. 2. The Defendant, Karen S. Garces, is represented by Krista Ann Freego, Certified Legal Intern, The Dale F. Shughart Community Law Center, 45 North Pitt Street, Carlisle, PA 17013. 3. Pursuant to Motion for Appointment of Master, E. Robert Elicker, II, Esquire, was appointed Master. 4. The parties have reached an agreement and there is no need for the Special Master to proceed in this matter. WHEREFORE, Counsel for Plaintiff, Diane M. Dils, Esquire, respectfully requests your Honorable Court to revoke E. Robert Elicker, II, Esquire, as Master and to permit the Plaintiff to proceed to finalize the divorce. " /.... --.-' iZ~.-'- . ane M. Dils, squire 1400 North Second Street First Floor Front Harrisburg, P A 17102 (717) 232-9724 J.D. No. 71873 VERIFICATION I veri fy that the statements made in this Motion to Revoke Master are true and correct. I understand that false statements herein are n1ade subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. " /--- ~ .~// ; ,'4-- -:/ ': .I' " /'.1' ./; / ..' /;tfl i V /{ / C_// Diane M.Dils, Esquire (~---- ' Dale: i f~),S / ( '/ CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a tnle and correct copy of the within Motion to Revoke Master has been served upon the following individuals, by first class, United States mail, by Pl,a:~ng a copy o7saje at the post office in Harrisburg, Pennsylvania, on this ,;(/) day of.. 1 // IV, , 2007, addressed as follows: E. Robert Elicker, II, Esquire 13 North Hanover Street Carlisle, P A 17013 Krista Ann Freego Certified Legal Intern The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 Respectfully submitted, '- ~ /' (-- / / B~~ / //~{IC L ,/. . / / ;1' /v : ~// ,,/ DIane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, P A 17102 (717) 232-9724 I.D. No. 71873 " "'. r _NIO 2007 d- WILMER D. GARCES Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs NO. 2004 - 4688 KAREN S. GARCES, Defendant CIVIL ACTION - IN DIVORCE ORDER OF COURT , AND NOW this 7\ day oL ~, 2007, upon presentation and consideration of the within Motion to Revoke ~aster, it is hereby Ordered that said Motion is granted and E. Robert Elicker, II, Esquire is hereby revoked as Master in the above-captioned divorced action. Distribution: J. Diane M. Dils, Esquire, 1400 North Second Street, First Floor Front, Harrisburg, ~ ~ P A 17102 :J ./. D'/ '7+, Krista Ann Freego, Family Law Clinic, Dale F. Community Law Center, 45 North Pitt Street, Carlisle, P A 17013 e~+ 6\~~ -~~~. >-: 0:.. ..,5.. ~ ~~; ~~( ~s: td,)...~ =-! uJ \L\:f '6 - -" ..,..,:-- ~.,;- 0- C'0 ~ ....., r- ~ = (-.J . . WILMER D. GARCES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2004-4688 CIVIL ACTION LAW KAREN S. GARCES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 17,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety {t)O) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fel.:s or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decre ~ is entered by the Court and that a copy of the Decree,Jvyj~1 be~ to Il1(:'~,~Jril~:s~elY after it is filed with the f'l,. .( Prothonotary . I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. 94904 relating to unsworn falsification to authorities. Date: D\ - 'b - 2tco 3- \La, e'01 S. C ~N.\"~s" . KAREN S. GARCES, Defendant /\ !n~"i,. f2 "" 0 25 "TI .., ......J ......, :r.,., fTl co nlp I :9 fT' ,....., N .) 'lj .. ~;:~ \:1 (5 ;~~ (..,) i;5rf~ :i;! (..0 :i:J 1.,.0 -< WILMER D. GARCES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 2004-4688 CIVIL ACTION LAW KAREN S. GARCES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 17, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 0 1- ~ q - 0 7 nKa<-'D.~f'. WILMER D. GARCES, Plaintiff ;'.- r--.;) = = --' ..." f"T1 co I N ~ ~ rn:!1 -0 r-n iPY ::1CI :::5 :Ii :7() 3m ?G -< :2 -'- C;~) C,..) \..0 Wilmer D. Garces, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE Karen S. Viteri, DEFENDANT : NO. 2004-4688 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ~ day of -li,GIVc)XY ,2007, by and between KAREN S. VITERI, of 214 Third Avenue, 2nd Floor, New Cumberland, Pennsylvania 17070, hereinafter referred to as Wife, and WILMER D. GARCES, of 1221 Columbus Avenue Apartment 11, Lemoyne, Pennsylvania 17043, hereinafter referred to as Husband. RECITALS: R.t: The parties hereto are husband and wife, having been joined in marriage on January 26, 2001, in Harrisburg, Pennsylvania, and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2004-4688, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (I) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as may be necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (4) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession ofthe other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. (5) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his or her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony pendente lite. (6) AGREEMENT OF PARTIES: The parties agree to the following so long as the current Custody Order is in effect and pursuant to the laws of the Commonwealth of Pennsylvania: a. Father shall continue to pay child support for the child until the child reaches the age of majority or completes high school, whichever is later; b. So long as medical insurance is available to Father, Father shall place and keep the child on his medical insurance; c. Father shall allow and shall execute any necessary documentation for the child to visit with relatives outside the United States for temporary periods oftime, so long as he receives notification as to when and where the child will be located and a telephone number where the child may be reached in the event of an emergency; and d. Father shall not claim the child for tax return purposes. However, should custody change, any right to claim the child for tax purposes would be controlled by the Internal Revenue Code. (7) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by the Family Law Clinic of the Penn State Dickinson School of Law, 45 North Pitt Street, Carlisle, Pennsylvania 17013, and Husband is represented by Diane Dils, Esquire, ofDILS & DILS, 1400 North Second Street, Harrisburg, Pennsylvania 17102. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (8) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (9) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his or her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (10) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands his or her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (11) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (12) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: a. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; b. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; d. All widow or widower's rights; e. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 1. To take against the other's will; 11. Under the laws of intestacy; 111. To a family exemption or similar allowance; and IV. All other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. f. All rights or claims to any accounting; g. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; h. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (13) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (14) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (15) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (16) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (17) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Ko:<e"0. S. \J',\e".\ Karen S. Viteri Plaintiff d~!7Ph- Witness ()2 - 0\ - 2-00-=t Date: ~\l~~.frltRmf Wilmer D. Garces Defendant /' jjl t)fW ; '0 Witness: ' 01-21-07 Date: ......." c.:_.....:1 C.:> .) -'I) --J -'1 , I N 1-, .r- ::0 c.-:-) .< Wilmer D. Garces, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : IN DIVORCE Karen S. Viteri, DEFENDANT : NO. 2004-4688 PRAECIPE TO WITHDRAW ALIMONY To the Prothonotary: Please withdraw the Petition for Alimony in the above-captioned Complaint for Divorce filed in the Cumberland County Courthouse on June 24, 2005. 2/2/ol I I Date: !I/1 Lucy J ston-Walsh Anne MacDonald-Fox Thomas Place Robert Rains Megan Riesmeyer Supervising Attorneys The Family Law Clinic 45 N. Pitt Street Carlisle, P A 17013 (717) 243- 2968 ......:> C:';',';> c;.J --' .....,.., ~'''''-1'; C;;' t f-0 -0 -- c:? .r:'" o Wilmer D. Garces, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : IN DIVORCE Karen S. Garces, DEFENDANT : NO. 2004-4688 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 93301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Karen S. Garces, October 20, 2004. 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code: by Plaintiff. January 29, 2007; by Defendant- January 16,2007. 4. Related claims pending: none 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: February 2,2007, Date Defendant's Waiver of Notice was filed with the Prothonotary: February 2,2007. Z/L- /0 T D~te I Krista Freego Certified Legal Intern ~~(1 ~~ R BER . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON.WALSH MEGAN RIESMEYER Supervising Attorneys F AMIL Y LA W CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff t-..} c::::> C,;;;.\ -.J ""lJ I'" .....:.. ~ .......'...; I 1',,) (.,,) ",t;- ~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PL AS OFCUMBERLANDCOUNTY STATE OF PENNA. WIf,MRR D. GARCES, Plaintiff No. 4688 2004 VERSUS KAREN S. GARCES, Defendant DECREE IN AND NOW, DIVORCE ~ '"2..-\. :~, IT IS 0 DECREED THAT WTT,MRR f). GARCES AND KAREN S. GARCES DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS HICH HAVE R HAS NOT BEEN RAISED OF RECO~i \N THIS ACTION YET BEEN ENTERED; VO'^Q. FOR WH ICH A FI NAL OR lD The Marital Settlement A reement dated Februar 7 is orate but not mer ed into this ,/'/ By nrOURT' ATTEST: HONOTARY J. w jp ~ ~ ~ (0 I) [ -,,<p .~ ~ I~F'PfJ CO' o/"E " . .