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HomeMy WebLinkAbout07-5060NATHAN C. WOLF, ESQUIRE ATTORNEY rD N0.87380 10'WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, Plaintiff v. HOLLY A. UGLOW, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW N0.2007 - 5060 CIVIL TERM IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, byhis attorney, Nathan C. Wolf, Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff is Keith E. Uglow, an adult individual residing at 700 Salem Road, Lot 48, Etters, York County, Pennsylvania 17319. 2. The defendant is HollyA Uglow, an adult individual residing at 22S North Bedford Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of one .minor child, namely, Thomas Edward Uglow (born May 19, 2004, age 3). 4. The child resided with both of the parties from the birth of the child until the parties' separation on or about July 31, 2007. The child has primarily resided in the custody of the father since the parties' separation. 5. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. The plaintiff has no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. The plaintiff does not know of a person not a parry to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The plaintiff believes and therefore avers that the best interests and permanent welfare of the child require that the parties have shared legal custodyof the child. 9. Both parties, as evidenced bytheir joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal and physical custody of the child and request that the Court enter an order as provided below without the necessity of a hearing: A.. The parties shall have shared legal custody of their minor child. B. The Father shall have prirrk~-ry physical custody of the child subject to Mother's periods of partial physical custodyas follows: a. Every other weekend from Friday at 5:00 p.m until Sunday at 5:00 p.m, to correspond with the weekend when mother has custody of her other child, Garrett Barrick b. The parties shall share holidays and the child's birthday as equally as possible by agreement. G The parties shall have reasonable telephone contact with the child while the child is in the other's custody. D. The parties shall share transportation equally as they may agree but in the event that an agreement cannot be reached, the receiving party shall be responsible to pick up the child. E. The parties shall keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. G. In the event of the breach of the agreement of the parties by any parry, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorneyfees incurred bythe successful party in anylitigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered bythe court. I~ Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formality of the agreement of the parties. I. The Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and any party desire further or require further modification of said Order. WHEREFORE, the plaintiff and defendant respectfully request that the Court enter an Order providing for the legal and physical custody of the child as of said. ~~2007 NA C. WOLF o ev for Plaintiff VERIFICATION AND CONFIRMATION OF AGREEMENT We do herebyverifythat the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S, § 4904, relating to unsworn falsification to authorities. Furthermore, bythe execution of this Confinnation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hear}ng or other proceeding. ay ~ ~ 2007 (SF,Ai •) E c7~ ~ , 2007 (SEAL) COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF CUMBERLAND . On this, the~~day of 2007, before me, the undersigned officer, personally appeared HOLLY A. LOW, known o me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. roMMONwrll~efila~SL REOF, I hereunto set m and official seal. Notarial Seal Nathan C. 4~ialg. Notary Public carRsle i3oro, curnberland county (SEAL) My Cortxrnssion Facpires Apr. i 9, zoos Nota u ' IiAember, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ~ day of ~(/GUcS~ , 2007, before me, the undersigned officer, personally appeared KEITH E. UGLOW, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my d official seal COMMONWEALTH OF PENNSYLVANIA (SEAL) a MY~tssion Ap:182ppg IMnl~r, Pennsylvanta Associaton Of Notarlas " `°-~r, C't <~, ~ ~ '~ ~ -.. t .~-- -. s r ~ ' , ~ r ~ '~Q (' .. .~ y ...% 1~.+•ti ~~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA HOLLY A. UGLOW, Defendant CIVIL ACTION -LAW N0.07 - .S'~O L CIVIL TERM IN DIVORCE N TI E 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 mayproceed without you and a decree in divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers bythe plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marnage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 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, Pennsylvania 17013 717-249-3166 i : CIVIL ACTION -LAW N0.07 - S'~Ld CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HOLLY A. UGLOW, Defendant as follows: 1. The plaintiff is Keith E. Uglow, 700 Salem Road, Lot 48, Etters, York County, PA 17319. 2. The defendant is Holly A. Uglow, 225 North Bedford Street, Carlisle, Cumberland County, PA 17013. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on October 30, 2003, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. ,: •« 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint 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. c~ ~ , 2007 -• Z Z. -~ 2007 eith E. Ugl , Pl 'ff NA OLF, ESQUIRE Supre urt ID #87380 10 W igh Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff ~ ~.(~, ~• 1~- ''~ ~? ~! ~J ~-. r-'~ ~ -- :f r-3 ~~ `_° <r t~.~ .~= r~ r.~ M ~~ ~~; r .. 't~~- s -- -~ ? ~=z~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, Plaintiff v. HOLLY A. UGLOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW N0.07 - .BUG y CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotar~s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifythat the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,~ - ~~ , 2007 Kei A. Uglow in r`} aka ;;. _. c..~ i ~ ~ v . ..r.# °-i d_; 1.. ` " ( 7 j ~ - i~_ i s , . K } ~~ ~-ic _, -! ~? ~i NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HOLLY A. UGLOW, Defendant CIVIL ACTION -LAW : NO. 07 - Ste' U CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, HO Y A. U LOW, certify that I am the defendant in this matter. Furthermore, I hereby certify that on , 2007, I received a certified copy of the divorce complaint filed in this action. ` ~~ ~-\ 2007 L4L\.LL4RLLL f'-~ (~'~ ~ L-~; ~} ....-y t ~ i S i ~ . ~ i S ,~: Ni - .~~i., ~ t E i~Y. w r "'i '; 1. .. ~~ d S'.. ~, m ~.fZ /' ~ y ' ~~.. ~ Rr NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2L1-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, Plaintiff v. HOLLY A. UGLOW, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07 - C~ ~ CIVIL TERM IN DNORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifythat the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. U ~ ~"1 , 2007 `K"i ~ ~ , 4- t.; ~,. { 5,- 4 l S ~~ AUG 2 7 2007'x"! KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DNORCE/CUSTODY ORDER OF COURT AND NOW, this ,3'pr day of , 2007 upon presentation and consideration of the within complaint and the stipulation and agreement incorporated therein, and upon agreemern of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of their minor child, namely, Thomas Edward Uglow (born May 19, 2004, age 3). B. The Father shall have primary physical custody of the child subject to Mother's periods of partial physical custodyas follows: i. Every other weekend from Friday at 5:00 p.m until Sunday at 5:00 p.m to correspond with the weekend when mother has custody of her other child, Garrett Barrick. ii The parties shall share holidays and the child's birthday as equally as possrble by agreement. C. The parties shall have reasonable telephone contact with the .child while the child are in the other's custody. D. The parties shall share transportation equally as they may agree but in the event that an agreement cannot be reached, the .receiving party .shall be respons~le for picking up the child E. The parties shall keep each other advised immediately relative to any emergencies concerning the child -and shall further take any necessary steps to insure that the health, welfare and well being of the child is protected. F. The parties shall do nothing that may estrange the child from the other party or hinder the natural development of the child's love or affection for the other party. G. In the event of the breach of the agreement of the parties by any parry, the nonbreaching party shall have the right to file a petition for contempt of court and to seek specific performance of the terns of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. FL Any modification or waiver of any of the provisions of the agreement of the parties shall be effective only if made in writing and only if executed with the same formalityas the agreement of the parties. I. The Court of Common Pleas of Gunber~and County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and anypartydesire further or require further modification of said Order. ttibution: athan C. Wolf, Esquire For the Plaintiff ~i'olly A. Ugiow -, Pro Se Defendant BY THE COURT, ~ ~ jhl'}:~~'t~,~,~~~, r',1=irk f,;~~,rr~ ~ ,_; , ;..;~~l~ ~~ ~~I ~!~ Q~ ~t~~ CQ4Z KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~. :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DNORCE 1. I consent to the entry of a final decree of 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 bythe Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifythat 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. /'~'l~~ d , 2007 TH E. UG W v ~ ~~ ~~ ~ ~~ ~~c° CJ ~ ~ { ~ JTt ~ -•~ KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about August 24, 2007 and served upon defendant on August 24, 2007 (see affidavit of service filed August 24, 200. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the 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 divorce. I verifythat the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. ~~ ll - !~ 7, 2007 HE.UG C~1~ ~~ :~~.e~ ~, ~ ~13U~ ~~ ~' f ~ ~; ~~ =~ , KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DIVORCE DEFENDANT' S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about August 24, 2007 and served upon defendant on August 24, 2007 (see acceptance of service filed August 24, 2007). 2. The mamage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the 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 divorce. I verifythat the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ® , 2007 C? ~ ~ ° b '~"J ,~ ~ ~ ;- "' ~ ~' ,_- .~ v~ ,.: " G1C3 ~' 4 L; ~ ~ ~-' .... a m --.t KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DIVORCE 1. I consent to the entry of a final decree of 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 verifythat 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. C„_~~(~ , 2007 ca -~,, -rl ~ o ~,~ f ., f,,,,~ ~~ ~~?' ~ ~j CJ ~f "`C~ ~ ~ti ` ~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF KEITH E. UGLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v :CIVIL ACTION -LAW HOLLY A. UGLOW, : N0.2007 - 5060 CIVIL TERM Defendant : IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about August 24, 2007, defendant was served with a copy of the divorce complaint via regular mail, addressed to the defendant. (See Acceptance of Service previously filed, August 24, 2007 3. Complete either paragraph (a) or (b): (a} Date of execution of consent required bySection 3301(c) of the Divorce Code; Bythe plaintiff: December 11, 2007 By the defendant: December 16, 2007 (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divoxte Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a} Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached N/A. (b} Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 14, 2007 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 18, 2007 December ~~" -, 2007 " N C. WOLF ey for Plaintiff ~ ~'' c~ s p d.-......-+ ~ f ~~ ~.J C .... --'~ '"~ ~~ ~ ~^'~ f N THE COURT OF COMMON PLEAS OFCUMBERL.AND000NTY STATE OF ' ~ PENNA. 4 Keith E. Uglow _ _ -~°~ Holly A. Uglow VERSUS N o . 2007 5060 DECREE IN DIVORCE AND NOW, ~ ~~~ " IT IS ORDERED AND Ke' . Uglow DECREED THAT ,PLAINTIFF, Holly A, Uglow AND ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRfMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none PROTHONOTARY -~~'~ ~~t t. ~, ~{. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. efendant FILE NO. ~ (J) W2 - • --U3 IN DIVORCE rn ai ov -( t . o "c -o ? 1 r" o rr-- 0 % t =C 7Z : • C= r\) CD I _ co .0 NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the day of &'Ce hereby elects to resume the prior surname of and gives this written notice pursuant to the provisions of,54 P.S. 704. i, ' DATE: kl U L& y?l"Q 1r lfi Y:dl rbl 111 n' /l1'' J-''r1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 413.66 4? - -Signature ?R ??- /GYYB? Signature of none being resumed SS. L, On the J6 day of 4 Uz'" `? 20 Id, , before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. No Pub is MJr ?pnt? loft JJuL s"