HomeMy WebLinkAbout06-4785
II
Luis Enrique Marquez,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06- "I'IPS CIVIL TERM
v.
Guadalupe Zarala,
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 will proceed without you and a decree in divorce or annulment may 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 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 1st Floor, Cumberland County
Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 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 Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
II
Luis Enrique Marquez,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06- J.J1P-S CIVIL TERM
: CIVIL ACTION
: IN DIVORCE
v.
Guadalupe Zarala,
Defendant
COMPLAINT IN DIVORCE
1. Plaintiff is Luis Enrique Marquez, an adult individual, currently residing at
204 N, Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Guadalupe Zarala, an adult individual, who is believed to
reside at 18 Nursery Road, Aspers, Adams County, Pennsylvania.
3. Plaintiff and Defendant are bonafide residents of the Commonwealth of
Pennsylvania and have been so for at least six months immediately previous to the filing
of this Complaint.
4. Plaintiff and Defendant were married on April 28, 2001 in Adams County,
Pennsylvania,
5. There have been no prior actions for divorce or annulment between the
parties,
6. The Defendant is not a member of the Armed Forces of the United States
of America, or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the
right to request that the Court require the parties to participate in counseling. Knowing
this, the Plaintiff does not desire that the Court require the parties to participate in
counseling,
8, Plaintiff is a citizen of the United States of America. Defendant is not a
citizen of the United States of America.
9. The parties have lived separate and apart since July 23, 2006 and
continue to live separate and apart as of the date of this Complaint.
10. The parties marriage is irretrievably broken.
II
COUNT II
CUSTODY
11. Paragraphs 1 through 10 are incorporated herein by reference as if set
forth in their full text.
12. Plaintiff seeks custody of his children Nadia C, Marquez, date of birth
March 27, 2002 and Yuritri Marquez, date of birth March 30, 2003.
13. Plaintiff filed a Custody Complaint on August 21, 2006 with the Court of
Common Pleas in Cumberland County, Pennsylvania.
14. Plaintiff filed an Emergency Petition for Special Relief on August 21, 2006
with the Court of Common Pleas in Cumberland County.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in
Divorce and grant Plaintiff's request for custody of the two children NDM and YM,
Respectfully Submitted
TURO LAW OFFICES
~I /1Jb
Da '
alen R. Waltz,
28 South Pitt Str
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
II
"
VERlFICA TIQt:I
I verify that the statements made in the foregoing Divorce Complaint are true and
correct. I understand that false statements herein made are subject to the penalties of
Pa. C.S. S4904 relating to unswom falsification to authorities.
~~( ~~o b
Date
It.L~
IJ is Enrique M u'
II
CERTIFICATE OF SERIVCE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Divorce Complaint, upon Guadalupe Zarala, by Certified Return Receipt on the
~ I day of jJ~tlJ J. 2006 from Carlisle, Pennsylvania, addressed as follows:
Guadalupe Zarala
18 Nursery Road
Aspers, Pa 17304
TURO LAW OFFICES
len R. Waltz, s
28 South Pitt Str
Carlisle, Pa 17013
(717) 245-9688: FAX 717,245.2165
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II
Luis Enrique Marquez,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06- '17~\" CIVIL TERM
: CIVIL ACTION - CUSTODY
v.
Guadalupe Zarala,
Defendant
COMPLAINT FOR CUSTODY
1. Plaintiff is Luis Enrique Marquez, an adult individual whose residence is at
204 N. Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania,
2, Defendant is Guadalupe Zarala, an adult individual whose is believed to
reside at 18 Nursery Road, Aspers Adams County, Pennsylvania.
3. Plaintiff seeks custody of his children; Nadia C. Marquez and Yuritri
Marquez
4.
5.
Name
The children are presently in the custody of defendant.
The children have lived at the following addresses:
Address
Nadia C. Marquez
Yuitri Marquez
204 North Hanover Street
Apt. 2
Carlisle, Pa
Dates
June 3, 2006 -
July 22, 2006
1853 Biglerville Rd.
Apt. E.
Gettysburg, Pa
7576 Oxford Road
Gardners, Pa
August 2002 -
July 9, 2006
April 2001 -
August 2002
6. The relationship of the plaintiff to the children is that of natural father.
7. The relationship of the defendant to the children is that of natural mother.
8. The plaintiff has not participated as a party or in any other capacity in
other litigation concerning the custody of the children in this or any other Court expect
for an Emergency Petition for Special Relief filed on August 21, 2006 in the Court of
Common Pleas of Cumberland County, Pennsylvania,
II
9. On or about the 23rd of July Defendant took the children from the Plaintiffs
home and has not returned with them.
10. On August 7, 2006 Plaintiff contacted the Pennsylvania State Police who
advised Plaintiff to contact an attorney.
11. Defendant has not provided Plaintiff with an address where she and the
children are residing nor has she maintained contact with the Plaintiff. Her whereabouts
are unknown, although Plaintiff avers her residency to be at 18 Nursery Road, Aspers,
Adams County, Pennsylvania, home of Defendant's mother.
12. Defendant filed a Complaint for Support with the Domestic Relations
Section of the Common Pleas Court in Adams County, Pennsylvania. (Exhibit "A").
13. A Support Conference has been scheduled for August 29, 2006 at 8:30
a.m. at the County Domestic Relations Section of the Adams County, Pennsylvania
Courthouse, RM #6 (Exhibit "8").
14. Plaintiff filed an Emergency Petition for Special Relief in Custody with the
Court of Common Pleas in Cumberland County, Pennsylvania on August 21,2006.
15. Each parent whose parental rights to the child have not been terminated
and the person who has physical custody of the children have been named as parties to
this action,
16. No other persons are known to have or claim to have any right to custody
or visitation of the children other than the parties to this action,
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,
II
WHEREFORE, Wherefore, plaintiff requests your Honorable Court
schedule a conciliation conference and subsequently grant the plaintiffs requests for
shared legal custody and primary physical custody of the children to the plaintiff with
partial physical custody of the children to the defendant.
Respectfully Submitted
TURO LAW OFFICES
~b/ / b6.
Date
al n R. Waltz, Esqu'
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
In the Court of Common Pleas of ADAMS County, Pennsylvania
DOll;lESTlC RELATIONS SECTION
Defendant
) Docket Number 06-DR-00391
)
) PACSES Case Number 949108487
)
) Other State JD Number
GUADALUPE ZAVAlJI.
Plaimi if
vs.
LUIS ENRIQUE MARQUEZ
Complaint for Suoport
<l) New Complaint 0 Amended Complaint
I, Plaintiff resiies at
ADAMS
County .
Plaintiffs date of birth is 04(10(75
2. Defendant resides at
County.
Defendant's date of birth is 10(08(74
3. (a) Plaintiff and Defendant were married on APRIL 28, 2001
at GETTYSBURG, PA
(b) Plaintiff and Defendant were separated on ,JULY 22, 2002..-.
(c) Plaintiff and Defendant were divorced on
at
(d) Address of last marital domicile:
4.. Plaintiff and Defendant are the parents of or stand in loco paremis to the following children:
Name Birth Date Age Born of the Marriage
Y = Yes, N = No
NADIA C. MARQUEZ
Residence:
03(27(02 .
4
l
YURITZI MARQUEZ
Residence:
03/30/03
3
l
Service Type M
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Form tN-005 vi
Worker lD Ol207
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Residence:
Residence:
Residence:
Residence:
5. Plaintiff seeks support for the following persons:
SUPPORT FOR TWO CHILDREN AND SPOUSE
JI.CCORDING TO PENNSYLVANIA GUIDELINES
~ MAINTAIN MEDICAL COVERAGE.
6. (a) Plaintiff 0 is 0 is not receiving public assistance in the amount of $.00
per month for the support of:
(b) Plaintiff is receiving additional income in the amount of $ ,00
from:
7. A previous support order was entered against the Defendant on
action at
$ . 00 for the support of:
in an
in the amount of
Service Type M
Page 2 of 3
Form IN -005 vI
Worker lD 01207
ZAVllliA
v. MARQUEZ
PACSES Case Number: 949108487
There 0 are 0 are no arrears in the amount of $ 0.00
The order 0 has 0 has not been terminated.
8. Plaintiff last received support from the Defendant in the amount of $ 0.00
on
WHEREFORE, Plaintiff requests that an order be enterl:.dagainst Defendant and in favor of
the Plaintiff and the aforementioned child(ren) for reasonable support and medical coverage.
I verify that the statements made in this Co~plaint 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.
~ C;~'oola IUfe
Plaintiff
,
CC/ va / Co.. .
\
~ate OH;- 01- 0' b
NOTICE
Guidelines for child and spousal support, and for alimony pendente lite, have been prepared by
t~~ ('01_~!",,: 0f ('0!!":~0~ pl,:,~~ ?~':"' ?::':' ?"'::~!?1.:'!:, !':': i~.:':':'''':l':'!: ;,:: T~~ 0~f!(''''' ",+, :~_P D0mestic
.
Relations Section:
COURTHOUSE, RM #6. 111 BALTIMORE ST, GETTYSBURG, PA. 17325-2385
Page 3 of 3
Form IN .005 v I
Worker ID 01207
Service Type M
In the Court of Common Pleas of ADAMS County, Pennsylvania
DOMESTIC RELATIONS SECTION
Plaintiff
) Docket Number 06-DR-00391
)
) PACSES Case Number 949108487
)
) Other State ID Number
GUADALUPE ZAVAIA
vs,
LUIS E. MARQUEZ
Defendant
oRDER OF COURt
You,
LUIS ENRIQUE MARQUEZ
plaintiff/defendant of
204 N HANOVER ST APT 2, CARLISLE, PA. 17013-2418-02
are ordered to appear at ADAMS co DOM REL SECTION
COURTHOUSE,RM #.6, 111 B1UiI'IMORE -ST, GETTYSBURG, PA. 17325-2385
before a conference officer of the Domestic Relations Section, on
AUGUST 29, 2006
at 8 : 3 OAM for a conference, after which the
conference officer may recommend that an order for support be entered.
You are further required to bring to the conference:
J. a true copy of your most recent Federal Income Tax Return, including W -2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. the Income and Expense Statement attached to this order as required by Rule 19),Q;2 IA P Y
4. verification of child care expenses, and ,; U
5. proof of medical coverage which you may have, or may have available to you \J
6. information relating to professional licenses
7. other:
Fonn CM-508
Worker ID 01203
Service Type M
ZAVALA
v. MARQUEZ
PACSES Case Number: 949108487
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
'issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: AUGUST 2. 2006
ROBERT G. BIGHAM
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE
AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTII BELQW. TInS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
ADAMS COUNTY DRS
ADAMS CO COURTHOUSE
ROOM 6
111 BALTIMORE ST
GETTYSBURG PA 17325-2312-11
(717) 337-9804
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of ADAMS County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 337-9804. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference.
Service Type M
Page 2 of2
Form CM-508
Worker lD 01203
In the Court of Common Pleas of
ADAMS
County, Pennsylvania
DOMESTIC RELATIONS SECTION
COURTIIOUSE, RM #6, III BALTIMORE ST, GETTYSBURG, PA. 17325-2385
Phone: (717) 337-9804 Fax: (717) 334-3440
AUGUST 2, 2006
Plaintiff Name: GUADALUPE ZAVALA
Defendant Name: LUIS E. MARQUEZ
Docket Number: 06-DR-0039I
PACSES Case Number: 949108487
Other State ID Number:
Please note: AU correspondence must include tbe PACSES Case Number.
Social Security Number Disclosure Notice
In accordance with Section 7(b) of the Privacy Act, you are hereby notified that disclosure
of your Social Security number is mandatory based on Section 466(a)(13) of the Social
Security Act [42 D.S.C. 666(a)(13)], Pennsylvania Consolidated Statutes (Pa C.S.) ~~4304.1
and 4353(a.2). Additionally, you.are notified that this information will be used by the Title
IV-D program to locate individuals for the purpose of establishing paternity and establishing,
modifying, and enforcing support obligations.
Service Type M
Form IN.Q06
Worker ID 01203
\I
"
VERIFICATION
I verify that the statements made in the foregoing Custody Complaint are true
and correct. I understand that false statements herein made are subject to the penalties
of Pa. C.S. ~904 relating to unswom falsification to authorities.
~- (t~O~
Date
},t~
uis Enrique rq z
II
CERTIFICATE OF SERIVCE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Custody Complaint, upon Guadalupe Zarala, by Certified Return Receipt on the
-1( day of ~ 2006 from Carlisle, Pennsylvania, addressed as follows:
Guadalupe Zarala
18 Nursery Road
Aspers, Pa 17304
TURO LAW OFFICES
G
Ga en R. Waltz, Esqu'
28 South Pitt Stree
Carlisle, Pa 17013
(717) 245-9688: FAX 717.245.2165
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II
Luis Enrique Marquez,
Plaintiff, Petitioner
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: 06- L( 7 ~I Action Law _ In Custody
v.
Guadalupe Zarala,
Defendant, Respondent
Emeraency Petition For SDecial Relief
AND NOW Comes Petitioner, Luis Marquez, by and through his attorney, Galen
R. Waltz, Esquire who brings this Emergency Petition For Special Relief and avers as
follows:
1. Luis Marquez, Petitioner, is an adult individual who resides at 204 N,
Hanover Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania.
2. Guadalupe Zarala, Respondent is an adult individual who is believed to
reside at 18 Nursery Road, Aspers, Adams County, Pennsylvania,
3. Petitioner and Respondent are the natural mother and natural father of
two children: Madia C. Marquez date of birth March 27, 2002 and Yuritri Marquez date
of birth March 30, 2003.
4, There is no custody order in affect at the moment.
5, Petitioner has filed a Complaint for Custody in the Court of Common Pleas
of Cumberland County on August 21, 2006.
6. Respondent filed a Complaint for Support with the Domestic Relations
Section of the Common Pleas Court in Adams County, Pennsylvania. (Exhibit "A")
7, A Support Conference has been scheduled for August 29, 2006 at 8:30
a.m. at the County Domestic Relations Section of the Adams County, Pennsylvania
Courthouse, RM #6, (Exhibit "B"),
II
. ,
I'
8.
On or about the 23rd of July Respondent took the children from the I
Petitioners home and has not returned with them,
9. On or about August 7, 2006 Petitioner contacted Pennsylvania State
Police who advised Petitioner to contact and attorney.
10. Respondent has not provided the Petitioner with an address where she
and the children are residing nor has she maintained contact with Petitioner. Her
whereabouts are unknown although Petitioner avers her residency to be at 18 Nursery
Road, Aspers, Adams County, Pennsylvania, home of Respondents mother.
11. Petitioner fears for the safety of the children; Petitioner has had no contact
with the children since July 23, 2006.
WHEREFORE, Petitioner prays that this Honorable Court Order a hearing in this
matter and when the allegations are determined to be true, issue an order giving
primary physical custody to the Petitioner.
Respectfully Submitted,
>r J.-A I/O Ie
Date
Glen R. Waltz, Es
Turo Law Office
28 South Pitt Street
Carlisle, Pa 17013
(717) 245-9688
In the Court of Cornmon Pleas of ADAMS County. Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant
) Docket Number 06-DR-00391
)
) PACSES Case Number 94910B48'7
)
) Other State ID Number
GUADALUPE ZAVALJ'.
Plaintiff
vs.
LUIS ENRIQUE MARQUEZ
Complaint for SUDport
@ New Complaint 0 Amended Complaint
], Plaintiff resiies at
County.
ADAMS
Plaintiffs date of birth is 04/10/75
2, Defendant resides at
County ,
Defendant's date of birth is 10/08/74
3. (a) Plaintiff and Defendant were married on APRIL 28, 2001
at GETTYS3URG, PA
(b) Plaintiff and Defendant were separated on . ,JUTJY 22, 2006
(c) Plaintiff and Defendant were divorced on
at
(d) Address of last marital domicile:
4,. Plaintiff and Defendant are the parents of or stand in loco parentis to the following children:
Name Birth Date Age Born of the Marriage
Y = Yes, N = No
NADIA C. MARQUEZ
Residence:
03/27/02
4
Y
YURITZI MARQUEZ
Residence:
03/30103
3
l
Service Type M
",m.:
Form !N-OOS vi
Worker ID 01207
L.o~"".\i~
,V1.t-U\."",UJ::.LJ.
. . ~"--...,,--,, '-..,'.... ; ''-'''''..'y,. :;J-j: ;;J..L\JQ~0.
Residence:
Residence:
Residence:
Residence:
5. Plaintiff seeks support for the following persons:
SUPPORT FOR TWO CHILDREN AND SPOUSE
ACCORDING TO PENNSYLVANIA GUIDELINES
AND MAINTAIN MEDICAL COVERAGE.
6. (a) Plaintiff 0 is 0 is not receiving public assistance in the amount of $.00
per month for the support of:
(b) Plaintiff is receiving additional income in the amount of $ .00
from:
7. A previous support order was entered against the Defendant on
action at
$ . 00 for the support of:
1U an
in the amount of
Page 2 of 3
Fonn IN-ODS vI
Worker ID 01.207
Service Type M
ZAVALA
v. MARQUEZ
PACSES Case Number: 949108487
There 0 are 0 are no arrears in the amount of $ 0.00
The order 0 has 0 has not been terminated.
8. Plaintiff last received support from the Defendant in the amount of $ 0.00
on
WHEREFORE, Plaintiff requests that an order be enter~d against Defendant and in favor of
the Plaintiff and the aforementioned child(ren) for reasonable support and medical coverage.
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. S 4904, relating to
unsworn falsification to authorities.
1:: GG'Clob IVfe
Plaintiff
Cq vcr Ic....
\ ,
~ate oH- 0/- () b
NOTICE
Guidelines for child and spousal support, and for alimony pendente lite, have been prepared by
~h~ ('c\1.~rt 0f ~0:!"'~0~ pl,:,?~ ~~(f ?!'~ ?'-'?~!?~!"':' !C': i~.~n':'~~1~~ ;_~ t~t:' 0~f!,:,t:>. r.~ !~':" D0mestic
<
.Relations Section:
COURTHOUSE, RM #6, III BALTIMORE ST, GETTYSBURG, PA. 17325-2385
Service Type M
Page 3 of 3
Form IN-ODS vl
Worker ID 01207
In the Court of Common Pleas of ADAMS County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant
) Docket Number 06-DR-00391
)
) PACSES Case Number 949108487
)
) Other State ID Number
GUADALUPE ZAVALA
Plaintiff
vs.
LUIS E. MARQUEZ
ORDER OF COURT
You,
LUIS ENRIQUE MARQUEZ
plaintiff/defendant of
204 N HANOVER ST APT 2, CARLISLE, PA. 170i3-2418-02
are ordered to appear at ADAMS co DOM REL SECTION
COURTHOUSE, .RM #6, 111I3AL.TIMORE 'ST, GETTYSBURG, PA. 17325-2385
before a conference officer of the Domestic Relations Section, on
AUGUST 29, 2006
at 8: 3 DAM for a conference, after which the
conference officer may recommend that an order for support be entered.
You are further required to bring to the conference:
1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed,
2. your pay stubs for the preceding six (6) months,
3. the Income and Expense Statement attached to this order as required by Rule 19J,.ll:1IO. P V
4, verification of child care expenses, and l., 1
5. proof of medical coverage which you may have, or may have available to you
6, information relating to professional licenses
7. other:
-,....)'.".,..
Service Type M
Form CM-50S
Worker lD 01203
ZAVALA
V. MARQUEZ
PACSES Case Number: 949108487
If you fail to appear for the conference/hearing or to bring the required documents, the
court may issue a warrant for your arrest or enter an order in your absence. If paternity is an
issue, the court may enter an order establishing paternity.
The appropriate court officer may enter an order against either party based upon the
evidence presented without regard to which party initiated the support action.
BY THE COURT:
Date of Order: AUGUST 2, 2006
ROBERT C. BIGHAM
JUDGE
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE
AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELQW. TIllS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
ADAMS COUNTY DRS
ADAMS co COURTHOUSE
ROOM 6
III BALTIMORE ST
GETTYSBURG PA 17325-2312-11
(717) 337-9804
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of ADAMS County is required by law to
comply with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having business
before the court, please contact our office at: (717) 337-9804. AIl arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference.
Page 2 of2
Form eM-508
Worker lD 01203
Service Type M
In the Court of Common Pleas of
ADAMS
County, Pennsylvania
DOMESTIC RELATIONS SECTION
COURTHOUSE, RM 86, III BALTIMORE sr, GElTYSBURG, PA. 17325-2385
Phone: (717) 337-9804 Fax: (717) 334-3440
AUGUST 2, 2006
Plaintiff Name: GUADALUPE ZAVALA
Defendant Name: LUIS E. MARQUEZ
Docket Number: 06-DR-DD391
PACSES Case Number: 949108487
Other State ID Number:
Please note: An correspondence must include the PACSES Case Number.
Social Security Number Disclosure Notice
In accordance with Section 7(b) of the Privacy Act, you are hereby notified that disclosure
of your Social Security number is mandatory based on Section 466(a)(l3) of the Social
Security Act [42 U.S.C. 666(a)(13)], PelUlSylvania Consolidated Statutes (Pa C.S.) ~~4304.1
and 4353(a.2). Additionally, you are notified that this information will be used by the Title
IV -D program to locate individuals for the purpose of establishing paternity and establishing,
modifYing, and enforcing support obligations.
Service Type M
Fonn IN-006
Worker ID 01203
II
I
I
~FICATION
I verify that the statements made in the foregoing Emergency Petition for Special
Relief are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities.
~-(<f-""
Date
CERTIFICATE OF SERIVCE
I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of
the Emergency Petition For Special Relief, upon Guadalupe Zarala, by Certified Return
Receipt on the .:J,( day of A~~. 2006 from Carlisle, Pennsylvania, addressed
as follows:
Guadalupe Zarala
18 Nursery Road
Aspers, Pa 17304
TURO LAW OFFICES
Galen R. Waltz, Es .
28 South Pitt Stre
Carlisle, Pa 17013
(717) 245-9688: FAX 717.245,2165
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LUIS ENRIQUE MARQUEZ
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-4785 CIVIL ACTION LAW
GUADALUPE ZARALA
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Friday, August 25, 2006
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueliue M. Verney, Esq. ,the conciliator,
at 4th Floor, Cumherland County Courthouse, Carlisle on Tuesday, September 19,2006 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, All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!.
FOR THE COURT.
By: Isl
ac ueline M. Verne 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 infonnation 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
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LUIS ENRIQUE MARQUEZ,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-4785 CIVIL TERM
GUADALUPE ZARALA,
Defendant,
: CIVIL ACTION
: IN DIVORCE AND CUSTODY
PRELIMINARY OBJECTIONS TO CUSTODY COMPLAINT. DIVORCE COMPLAINT.
AND PETITION FOR SPECIAL RELIEF
PURSUANT TO Pa.R.C.P. ~ 1028(a)(I)
Defendant Guadalupe Zarala, files these preliminary objections pursuant to Pa.R.C.P. ~
1028(a)(1) and in support thereof avers the following:
I. The instant matter before the Court is a custody and divorce action.
2. On August 21, 2006, Plaintiff Luis Enrique Marquez filed a Divorce Complaint
with a custody count, a Custody Complaint and a Petition for Special Relief against Defendant
Guadalupe Zarala, in the Court of Common Pleas of Cumberland County, Pennsylvania.
3. Defendant Guadalupe Zarala, was served with a Divorce Complaint with a custody
count, a Custody Complaint and a Petition for Special Relief on August 29,2006.
4. Paragraph five (5) of the Custody Complaint states that Nadia C. Marquez and
Yutri Marquez (the children) resided at 204 North Hanover Street, Apartment Two (2), Carlisle,
Cumberland County, Pennsylvania for only one (1) month and nineteen (19) days.
5. Pursuant to 23 Pa.C.S. ~ 5421(a)(I), 23 Pa.C.S. S 5471 and Pa.C.R.P. ~
1915.2(a)(1)(i), a custody action may only be filed if a court has jurisdiction to make an initial
child custody determination. A court has jurisdiction only if the county is the home county of the
child on the date of the commencement ofthe proceeding, or was the home county of the child
within six months before the commencement of the proceeding.
6. Pursuant to 23 Pa.C.S. S 5402 and 23 Pa.C.S. ~ 5471, home county means the
county in which the child lived with a parent for at least six (6) consecutive months immediately
before the commencement of a child custody proceeding.
7. Neither party resided in Cumberland County with the children for a period of six
(6) consecutive months.
8. Paragraph five (5) ofthe Custody Complaint states that both parties and the
children resided in Adams County, Pennsylvania, for a consecutive period of four (4) years and
within six (6) months of the commencement of the proceeding.
9. The county of proper jurisdiction for the custody action is Adams County,
Pennsylvania.
10. Pursuant to Pa.R.C.P. S 1920.2, a divorce action may only be filed in a county in
which the plaintiff or defendant resides, or upon which the parties have agreed.
11. Defendant and the children currently reside in Adams County, Pennsylvania, and
the defendant, Guadalupe Zarala, objects to this divorce action being filed in Cumberland
County.
12. Paragraph four (4) in the Divorce Complaint and paragraph five (5) of the Custody
Complaint state that the parties lived as husband and wife in Adams County, Pennsylvania, from
April 28, 2001 to July 9,2006.
13. The parties are scheduled to appear at an entitlement hearing for spousal and child
support on September 28, 2006, before the Honorable Robert Bingham, in Adams County,
Pennsylvania.
14. The parties have previously accepted Adams County as the appropriate venue for
the support action.
15. The county of proper venue for the divorce action is Adams County, Pennsylvania.
16. Pa.R.C.P S 1 006( e) provides that "(i)f a preliminary objection to venue is
sustained and there is a county of proper venue within the State the action shall not be dismissed
but shall be transferred to the appropriate court of that county. The costs and fees for transfer and
removal of the record shall be paid by the plaintiff'.
WHEREFORE, the defendant respectfully requests that the court transfer the above-
captioned cases to Adams County, Pennsylvania, and order the plaintiff to pay the costs and fees
for the transfer.
Date:
9 II ; /O(P
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'sta Ann Free 0
Certified Legal ern
~ffIf< 1tu6/~'J/'L
THO SM. PLACE
ROBERT E. RAINS
LUCY JOHNSTON- WALSH
ANNE MACDONALD-FOX
MEGAN RIESMEYER
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
VERIFICATION
I verify that the statements made in the foregoing Preliminary Objections to Custody
Complaint, Divorce Complaint, the Petition for Special Relief are true and correct. I understand
that false statements herein made are subject to the penalties of 18 Pa.C.S. S 4904 relating to
unsworn falsification to authorities.
Dq- I S--Ob
Date
Guad a 10?C!- ZC\ Vel lo .
Gaudalupe Zarala
LUIS ENRIQUE MARQUEZ,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 06-4785 CIVIL TERM
GUADALUPE ZARALA,
Defendant,
: CIVIL ACTION
: IN DIVORCE AND CUSTODY
CERTIFICATE OF SERVICE
I, Megan Reismeyer, Supervising Attorney, Family Law Clinic, hereby certify that I am
serving a true and correct copy of defendant's Preliminary Objections to Custody Complaint,
Divorce Complaint, and Petition for Special Relief pursuant to Pa.R.C.P. ~ 1028(a)(1) on Galen
R. Waltz, Esquire, counsel for plaintiff, at 28 South Pitt Street, Carlisle, Cumberland County,
Pennsylvania 17013, via facsimile and U.S. mail, first class on September 18,2006.
~J}
I~. U /{
Megan iesmeyer ~
Supervising Attorney
F AMIL Y LA W CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Luis Enrique Marquez, : NO. 06-4785
Plaintiff
v.
Guadalupe Zarala,
Defendant
: CUSTODY/DIVORCE
PRAECIPE TO AMEND CAPTION
TO THE PROTHONOTARY:
Please correct the caption to reflect the Defendant's name as Guadalupe Zavala.
Respectfully Submitted
TURO LAW OFFICES
. rl<lJ /&4
Date /
'Galen R. Waltz, Es
28 South Pitt Stre
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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LUIS ENRIQUE MARQUEZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4785 CIVIL
V.
CIVIL ACTION - LAW
GUADALUPE ZAVALA,
DEFENDANT
IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 29th day of September, 2006, upon consideration of the
Preliminary Objections to Custody Complaint, Divorce complaint and Petition for Special
Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the Defendant should
not be granted the relief requested;
2. The Plaintiff will file an answer on or before October 20, 2006;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Defendant shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
''1v
J.
M. L. Ebert, Jr.,
A'a Ann Freego, Certified Legal Intern
Megan Riesmeyer, Esquire
Counsel for Defendant
~en Waltz, Esquire ~
Counsel for Plaintiff
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Luis Enrique Marquez,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-4785
CIVIL TERM
Guadalupe Zavala,
Defendant
: CIVIL ACTION - CUSTODY/DIVORCE
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw and discontinue the above-captioned matter, Divorce, Custody
and Emergency Petition for Special Relief, on behalf of the Plaintiff.
Respectfully Submitted
TURO LAW OFFICES
jO)DAt.
Date /
en R. Waltz, Es
28 South Pitt Stre
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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LUIS ENRIQUE MARQUEZ,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-4785 CIVIL
V.
CIVIL ACTION - LAW
GUADALUPE ZAVALA,
DEFENDANT
IN DIVORCE AND CUSTODY
ORDER OF COURT
AND NOW, this 16th day of October, 2006, the Court being in receipt of the
Praecipe to Withdraw and Discontinue the Divorce, Custody and Emergency Petition for
Special Relief filed by the Plaintiff, the Order of Court dated September 29, 2006 is
vacated.
By the Court,
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J.
M. L. Ebert, Jr.,
~ta Ann Freego, Certified Legal Intern
Megan Riesmeyer, Esquire
Counsel for Defendant
fialen Waltz, Esquire
Counsel for Plaintiff
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Luis Enrique Marquez,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06-4785
CIVIL TERM
Guadalupe Zavala,
Defendant
: CIVIL ACTION - CUSTODY/DIVORCE
ORDER OF COURT
AND NOW, this \ ~'n. day of OJ()~t.( , 2006, upon receipt and
review of the Praecipe to Withdraw, Divorce and Custody Complaint and Emergency
Petition for Special Relief, it is ordered that the withdraw and discontinuance is granted.
BY THE COURT,
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