HomeMy WebLinkAbout03-5419SARESA D. UGLOW,
ADAM M. FARABAUGH,
Plaintiff
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.
1NCUSTODY
COMPLAINT IN CUSTODY
AND NOW, this day of ,2003, comes the Plaintiff, Saresa
D. Uglow, by and through her attorney, Andrew C. Spears, Esquire, and the law firm of Metzger,
Wickersham, Knauss & Erb, P.C., and files the within Complaint of which the following is a
statement:
1. The Plaintiff, Saresa D. Uglow, is an adult individual currently residing at 75
Bonnybrook Road, Lot 1, Carlisle, Cumberland County, Pennsylvania, 17013.
2. The Defendant, Adam M. Farabaugh, is an adult individual currently residing at
40 Oak Road, York Haven, York County, Pennsylvania, 17370.
3. Plaintiff seeks primary physical custody and shared legal custody of the following
minor child:
child.
Nanle
Austin H. Uglow-Farabaugh
Present Address
75 Bonnybrook Road, Lot 1
Carlisle, PA 17013
Date of Birth
05/24/2000
Plaintiff and Defendant are the natural parents of the above mentioned minor
The minor child was born outside of wedlock.
289719
The minor child is presently in the custody of Plaintiff, who resides at 75
Bonnybrook Road, Lot 1, Carlisle, Cumberland County, Pennsylvania, 17013.
Since his birth, the minor child has resided with the following persons at the
following addresses:
Name
Saresa Uglow
Adam Farabaugh
Saresa Uglow
Saresa Uglow
Saresa Uglow
Adam Farabaugh
Saresa Uglow
Address Date
40 Oak Road
York Haven, PA 17370
584 North Middleton Road
Carlisle, PA 17013
75 Bonnybrook Road, Lot 1
Carlisle, PA 17013
75 Bonnybrook Road, Lot 1
Carlisle, PA 17013
75 Bonnybrook Road, Lot 1
Carlisle, PA 17013
Birth to
January 2001
February 2001
to June 2001
June 2001 to
Dec. 2001
Dec. 2001 tO
May 2003
May 2003 to
present
The mother of the minor child is Plaintiff, Saresa D. Uglow, who resides at
75 Bonnybrook Road, Lot 1, Carlisle, Cumberland County, Pennsylvania, 17013.
The father of the minor child is Defendant, Adam M. Farabaugh, who currently
resides at 40 Oak Road, York Haven, York County, Pennsylvania, 17370.
4. The relationship of Defendant to the minor child is that of natural father. The
Defendant resides with the following persons:
Name Relationship
Carlene Farabaugh Mother
Ronald Farabaugh Father
289719
-2-
Plaintiff currently resides with the following persons:
_.Name Relationship
Austin H. Uglow-Farabaugh Son
Cody M. Uglow-Barrick Son
The relationship of Plaintiffto the minor child is that of natural mother. The
6. There is a prior Custody Order entered into in York County on February 14, 2001.
Said Order gave each parent 50/50 physical custody of the minor child on an alternating week
basis. However, since the time of that Order that has been a substantial change in circumstances
in that the child has resided in Cumberland County for over two years and the parties have not
followed the prior Order in over two years. In addition, there was a time period where the parties
were reconciled and lived together in Cumberland County until May 2003 when Defendant
returned to York County.
Plaintiff has no information of a custody proceeding concerning the minor child
pending in a court of law of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the minor child or claims to have custody or visitation with respect to the
minor child.
7.
The best interest and permanent welfare of the minor child will be served by
granting the relief requested because:
(a) Plaintiff, Saresa D. Uglow, has been the primary caregiver of the minor
child since birth;
289719
-3-
(b) Plaintiff, Saresa D. Uglow, is in a position, both fmancially and
emotionally, to provide stability and custody for the minor child;
(c) Plaintiff, Saresa D. Uglow, is in a position to provide a stable, responsible
environment for the raising of the minor child;
(d) The best interest of the minor child will best be served by maintaining a
relationship with his mother;
(e) The minor child has resided with Plaintiff, Saresa D. Uglow, for
approximately two years; and
(f) It is believed, and therefore averred, that Defendant, Adam M. Farabaugh,
is a habitual drug abuser and has demonstrated an inability to care for the minor child.
8. Each parent whose parental rights to the minor child have not been terminated and
the person who has physical custody of the minor child have been named as parties to this action.
WHEREFORE, the Plaintiff, Saresa D. Uglow, requests the Court to grant her primary
physical custody and shared legal custody of the minor child.
Dated:
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Plaintiff
289719
-4-
VERIFICATION
I, Saresa D. Uglow, verify that the statements made in the foregoing Complaint for
Custody 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. §4904, relating to
unswom falsification to authorities.
~ated: /d- ? aS
289719
CERTIFICATE OF SERVICE
I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a tree and exact copy of the Complaint for Custody with reference to the
foregoing action by first class mail, prepaid, this-~ day of ~ ~.~BX~)~-~ , 2003, on the
following:
Adam M. Farabaugh
40 Oak Road
York Haven, PA 17370
Andrew~C Sp~"~rears, Esquire
289719
SARESA D. UGLOW
PLAINTIFF
V.
ADAM M. FARABAUGH
DEFENDANT
IN 'FILE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5419 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, October 20, 2003 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the concil
at 301 Market Street, Lemoyne, PA 17043 on Monday, November 17, 2003 at 12:30
for a Pre-Heaff~ng Custody Conference. At such conference, an effort will be made to resolve the issues in dispute
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a tempor~
order. All children age five or older may also be ~esent at the conference. Failure to al~pear at the conference ma
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FORTHE COURT,
iator,
or
By: /s! Melissa P. Gree~oy, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply w/th the America'
w/th Disabilites Act of 1990. For information about accessible facilihes 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 schedul
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
ItAVE 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) 249-3 ] 66
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
SARESA D. UGLOW
Plaintiff,
VS.
ADAM M. FARABAUGH
Defendant.
No. 03-5419
CIVIL ACTION - in
Custody
NOTICE TO PLEA]}_
TO: SARESA D. UGLOW
You are hereby notified to file a written response to the enclosed
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
FOR CUSTODY within twenty (20) days from service hereof or an Order may be
entered against you.
4~li~elle C. I~a~quire
2536 Eastern Boulevard
No. 152
York, PA 17402
Telephone (717) 846-2954
fi)No. 47118
Attorney :['or the Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
SARESA D. UGLOW
Plaintiff,
VS.
ADAM M. FARABAUGH
Defendant.
No. 03-5419
CIV1L ACTION - in
Custody
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S COMPLAINT FOR CUSTODY
Pursuant to Rules 1028(a)(1), 1915.2 and 1915.5 oftbe Pennsylvania Rules of
Civil Procedure, Defendant, Adam M. Farabaugh, by his counsel, preliminarily objects
to Plaintiff, Saresa D. Uglow's Complaim For Custody as follows:
1. Plaintiff, unbeknownst to Defendant, initiated a custody action in
Cumberland County at the above-docketed number by filing a Complaint in Custody,
on or about October 14, 2003.
2. Plaintiff, in paragraph 6 of her Complaint casually mentions a Custody
Order entered in York County, Pennsylvania on or about February 14, 2001 which
granted the parties joint (50/50) physical and shared legal custody of the parties' child.
(A copy of the York County Order is attached hereto and incorporated herein by
reference as Exhibit "A").
3. Contrary to the averments in Plaintiff's paragraph 6 of her Complaint,
the child has not resided in Cumberland County for two (2) years and further, the
parties have been, and are continuing to follow, the York County Custody Order.
4. Defendant resides in York County and therefore the child, under the
York County Order, resides in York County at least fifty pement (50%) of the time.
5. The parties were reconciled for a time but reconciliation does not void a
custody order. Further, the parties have been and continue to exchange custody
pursuant to the York County Order.
6. The child only lived in Cumberland County, with both parents, for
approximately seventeen (17)months. During the time the child resided in Cumberland
County, the child spent considerable time in York County.
7. The child has significant connection with York County in that Defendant
and the child reside with the child's parental grandparents in York County and other
extended family members reside in York County.
8. The child has spent significant time in 'fork County since birth.
9. Pursuant to 23 Pa. C.S.A. Section 5347,. relating to simultaneous
proceedings in other courts, venue has already been established and lies in York
County, Pennsylvania.
10. The Court of Common Pleas of York County, Pennsylvania is a Court of
competent jurisdiction in this matter pursuant to the Uaiform Child Custody
Jurisdiction Act (UCCJA), 23 Pa. C.S.A. Section 5341 et seq.
11. It is in the child's best interest that the 'fork County Courts retain venue
and jurisdiction in this matter.
12. Substantial evidence concerning the present and future care, protection,
training, and personal relationships of the child is present in York County.
WHEREFORE, Defendant, Adam M. Farabaug~a, respectfully requests this
Honorable Court to sustain his preliminary objections and dismiss Plaintiff, Saresa D.
Ugtow's Complaint in Custody for Improper venue and jurisdiction.
Respectfully submitted,
Mi~elle C. Kahan, Esquire
2536 Eastern Boulevard
No. 152
York, PA 17402
Telephone: 717-846-2954
I.D. No. 4;7118
Attorney for the Defendant
VERIFICATION
I verify that the statements made in the foregoing DEFENDANT'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FOR CUSTODY 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. Section 4904,
relating to unswom falsification to authorities.
Adam M. Farabaugh
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
VS : Civil Action - Law
· ~A tLE~- ~. L)~-'~oW · CUSTODY
CONSENT TO ENTRY OF COURT ORDER
i
ru II
We have attended the Conciliation Conference and have reached an
agreement as to all issues raised in this matter. We have listened to the
dictation of the report and proposed Order by the Conciliator. We agree with the
content of the proposed Order and consent that it shall be submitted to the Court
for entry as its Order, without the necessity for a hea~fing or further proceedings
upon the record.
COUNSEL FOR ~.~.~-~__..~v"-'"~
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
FAMILY DIVISION
ADAM M. FARABAUGH
VS
SARESA D. UGLOW
No. 2001-SU-00496-03
Action in Custody
APPEARANCES: For Plaintiff:
For Defendant:
MICHELLF C. KAHAN, Esquire
NONE
CUSTODY
AND NOW, this ! ~/'~'~day of February, 2001, this Order is being entered as a
result of a pre-trial conciliation conference held on February 12, 2001 before James A.
Holtzer. The matter is before the Court on Father's petition seeking joint legal and
shared physical custody. The parties, to their credit; have reached an agreement to
resolve their issues.
This matter involves the custody of:
Austin H. Uglow-Farabaugh D.O.B.: 05/24/2(;)00 Age: 9 mos.
Pursuant to the agreement of the parties, the Court hereby awards joint legal
custody_to the parties. Joint legal custody means the right of both Parents to control
and to share in making decisions of importance in th(; life of their child, including
educational, medical, and religious decisions. Both parents Shall be entitled to equal
access to the child's school, medical dental and other important records.
As soon as practical after the receipt by a party, copies of the child's school
schedules, special events notifications, report cards, and ,,similar items shall be provided
to the other party. Each shall notify the other party of any medical, dental, optical and
other appointments of the child with health care providers, sufficiently in advance
thereof so that the other party can attend.
Notwithstanding.tha'~ both parents share legal custody, non-major decisions
involving the child's day to day living shall be made by the parent then having custody,
consistent with the other provisions of this Order.
Physical custody of the child, as that term is defined in the Custody Act, shall
also be shared between the parties as follows:
SCHEDULE OF PARTIAL CUSTODY:
ALTERNATE WEEKS:
Custody shall be transferred each Sunday at 2:00 p.m. with
Father having the first full week of custody beginning February 18, 2001.
Mother shall have custody until that time.
CHILD'S BIRTHDAY:
The non-custodial parent shall have three hours of custody
on the child's birthday, May 24th.
ALTERNATE HOLIDAYS:
The parties shall also have the right of partial custody on
alternate holidays throughout the year the holidays being New Year's Day,
Memorial Day, Independence Day Holiday, Labor Day, and Thanksgiving
Day.
2
Custody on these holidays shall be exercised from 9:00 a.m.
until 8:00 p.m., with Mother to have custody on the first holiday, that being
Memorial Day, 2001. The parties shall alternate custody on alternate
holidays thereafter.
CHRISTMAS:
During Christmas, commencing in 2001 and in odd
numbered years thereafter, Mother shall have the right of partial custody
from December 24th at noon through December 25th at noon, and Father
shall have the right of custody from December 25th at noon through
December 26th at noon.
Commencing in 2002 and in even numbered years
thereafter, Father shall have the right of custody from December 24th at
noon through December 25th at noon, and Mother shall have the right of
custody from December 25th at noon through December 26th at noon.
MOTHER'S DAY AND FATHER'S DAY:
Mother shall always have the right of partial custody on
Mother's Day. Father shall always have the right of partial custody on
Father's Day. The rights of partial custody shall be exercised from 9:00
a.m. until 8:00 p.m.
EASTER SUNDAY:
Each year, Mother shall have custody from 9:00 a.m. until
2:30 p.m., and Father shall have custody from 2:30 p,m. until 8:00 p.m.
3
HOLIDAYS A PRIORITY:
The periods of partial custody for holidays, vacations, or
other special days set forth in this order shall be in addition to, and shall
take precedence over, but shall not alter the schedule or sequence of
regular periods of partial custody for that parent set forth previously in this
order.
TRANSPORTATION:
The transportation shall be shared by the parties, with the parent who is to
receive custody at the time of exchange to provide for transportation from the
residence of the other parent. At all times, the child shall be secured in appropriate
passenger restraints. No person transporting the child shall consume alcoholic
beverages prior to transporting the child. No person transporting the child shall be
under the influence of any alcoholic beverages while transporting child.
DAYCARE:
The parties have agreed that each will be responsible for and bear the expense
for his or her own daycare arrangements.
LATE FOR EXCHANGE:
In the event any party is more than 20 minutes late for a scheduled custody
exchange, in the absence of a telephone call or other communication from the parent
picking up the child, the other party may assume that the parent who is late has chosen
4
not to exercise that period of custody, the pedod will be forfeited, and the other party
will be free to make other plans with the child.
EXTRACURRICULAR ACTIVITIES:
Each party shall provide the other with at least forty-eight (48) hours advance
notice of school or other activities whenever possible.
Both parties shall agree to honor and participate in the activities that the child
wishes to engage in, During the times that the parents have custody of the child, they
will make certain that the child attends any extracurricular activities. The parties agree
that they will be supportive of the activities and will transport the child to and from such
activities and the preparations and practice for the activities that are scheduled, in such
time so that the child is able to participate in those events..
Neither parent, however, shall sign up the child for any activity unless the child
definitely desires to attend that activity. Participation in activities which take place
during the school year is contingent upon the child maintaining passing grades in
school.
Neither parent shall sign up the child for activities that fall on the other parent's
period of custody, without the consent of the other parent, which consent shall not be
unreasonably withheld. If the child is involved in an activity which occurs during both
parents' periods of custody, both parents shall cooperate in providing transportation of
the child to the .activity. However, the custodial parent shall not be requiredr to take the
child to that activity if the custodial parent and child are out of town dudng that activity,
for a previously scheduled vacation.
In the event that the custodial parent is unable, to deliver the child to the
particular activity, the parent who has custody of the child at that time shall notify the
5
noncustodial parent, who shall be entitled to pick up and deliver the child to the
designated activity. The custodial parent shall make certain that the child is ready for
pickup in time sufficient to enable the child to timely attend the activity.
Should the custodial parent elect not to take the child to a defined activity period
for two times, then the noncustodial parent shall have the right to assume that he or she
will be responsible for transporting the child to that activity until appropriate
transportation is provided.
TELEPHONE CALLS:
Both parties are urged to use common sense in scheduling telephone calls to
talk to the child. Both parties are hereby directed to refrain from preventing the parent
who may be calling from talking to the child, or preventing the child from calling the
other parent, provided that the phone calls are not excessively frequent nor too long in
duration that they disrupt the child's schedule.
DISPARAGING REMARKS:
Each of the parties and any third party in the presence of the child shall take all
measures deemed advisable to foster a feeling of affection between the child and the
other party. Neither party shall do nor shall either parent permit any third person to do
or say anything which may estrange the child from the other parent, their spouse' or
relatives, or injure the child's opinion of the other party or which may hamper the free
and natural development of the child's love and respect for' the other parent.
The parties sha~l not use the child to convey verbal messages to the other parent
about the custody situation or changes in the custody schedule.
6
FINANCIAL CARE OF CHILD:
In the event that a significant matter arises with respect to the medical care,
education, or financial care of the child such as a ~:hange in occupation, health
insurance, educational expenses, or residence of a party, those matters shall be
discussed with the other parent before any change is made by either parent.
MUTUAL CONSULTATION:
Each party shall confer with the other on all matters of importance relating to the
child's health, maintenance, and education with a view towards obtaining and following
a harmonious policy in the child's education and social adjustments. Each party
agrees to keep the other informed of his or her residence and telephone number to
facilitate communication concerning the welfare of the child and visitation. Each party
agrees to supply the name, address and phone numbers of any persons in whose care
the child will be in for a period in excess of seventy two hours, and for each person or
entity which may provide day care for the child.
ILLNESS OF CHILD:
Emergency decisions regarding the child shall be made by the parent then
having custody. However, in the event of any emergency' or serious illness of a child at
any time, any party then having custody of the child shall immediately communicate
with the other party by telephone or any other means practical, informing the other party
of the nature of the illness or emergency, so the other parent can become involved in
the decision making process as soon as practical.
7
The term "serious illness" as used herein shall mean any disability which
confines the child to bed in for a period in excess of seventy-two (72) hours and which
places the child under the direction of a licensed physician.
WELFARE OF CHILD TO BE CONSIDERED:
The welfare and convenience of the child shall be the prime consideration of the
parties in any application of the provisions of this order. Both parents are directed to
listen carefully and consider the wishes of the childr in addressing the custodial
schedule, any changes to the schedule, and any other parenting issues,
SMOKE / DRINK:
Neither party shall smoke in a confined area when the child is present and
neither party shall permit another person to smoke in a confined area when the child is
present.
MODIFICATION OF ORDER:
The parties are free to modify the terms of this order but in order to do so the
Court makes it clear that both parties must be in complete agreement to any new terms.
That means both parties must consent on what the new terms of the custody
arrangement or visitation schedule shall be.
In the event that one or the other does not consent to a change, that does not
mean each follows your own idea as to what you think the arrangements should be.
The reason this Court Order is set out in detail is so both parties have it to refer to and
to govern your relationship with the child and with each other in the event of a
disagreement.
8
We direct that a copy of this order be sent to counsel for parties who are
represented, and that a copy be sent to the following unrepreSented parties at the
address indicated:
Saresa D. Uglow at 584 North Middleton Road, Carlisle, PA 17013,
9
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
SARESA D. UGLOW
Plaintiff,
VS.
ADAM M. FARABAUGH
Defendant.
No. 03-5419
CIVIL ACTION - in
Custody
CERTIFICATE OF SER*~qCE
I, Michelle C. Kahan, Esquire do hereby certify that I served Defendant's
Preliminary Objections to Plaintiff's Complaint for Custody upon the Plaintiff in the
above matter, via Federal Express, Overnight Delivery, on October 20, 2003, to counsel
for the Plaintiff at:
Andrew C. Spears, Esqtfire
Metzger, Wickersham, Knauss & Erb, P.C.
3211 North Front Street
Harrisburg, PA 17110
2536 Eastern Boulevard
Number 152
York, PA 17402
(717) 846;-2954
Attorney ID No. 47118
Attorney for Defendant
SARESA D. UGLOW,
ADAM M. FARABAUGH,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-541.9
IN CUSTODY
RESPONSE TO PRELIMINARY OBJECTIONS OF DEFENDANT
Plaintiff, Saresa D. Uglow, by and through her counsel, Andrew C. Spears, Esquire, and
the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby files a Response to the
Preliminary Objections of Defendant, Adam M. Farabaugh, and avers in support thereof, as
follows:
1. Without admission, no response is required as Plaintiff's Complaint in Custody
speaks for itself.
2. Without admission, no response is required as Plaintiff's Complaint in Custody
speaks for itselfi If response is required, Plaintiff was upfront in her Complaint in Custody that a
prior custody order was entered in York County, PA in 2001 wkfich granted the parties joint
physical and shared legal custody of the parties' Minor Child.
3. Denied. On the contrary, Plaintiff resided with the Minor Child in Cumberland
County from February 2001 until the present, a period well in excess of two (2) years. Further,
Defendant Adam M. Farabaugh resided with Plaintiff and the Minor Child in Cumberland
County from December 2001 until May 2003, a period well in excess of six (6) months.
4. It is admitted that Defendant now resides in Ym;k County. It is specifically
denied that the Minor Child currently resides in York County al: least fifty percent (50%) of the
time.
5. Conclusion of law; no response required. Ifa response is required, the parties
have not followed the York County custody order for a period of time well in excess of a year
due to a significant change in circumstances. In addition, the parties did not continue to follow
the York County custody order.
6. Admitted in part; denied in part. It is admitted that the Minor Child has lived in
Cumberland County w/th both parents for approximately seventeen (17) months. However, the
Minor Child has resided with Mother in Cumberland County for a period in excess of two (2)
years.
7.
Conclusion of law; no response required. Ifa response is required, while the
Minor Child does have some connection with York County, Plaintiff avers that it is not
significant, as the minor child was absent from York County for approximately seventeen (17)
months. In addition, it is clear that Cumberland County has a more significant connection with
the Minor Child as the Minor Child has resided in Cumberland ,County for over two (2) years.
8. Denied. While the Minor Child has spent some time in York County, the Minor
Child was absent from York County for over a year and a half and has spent more time in
Cumberland County, and Cumberland County is clearly the more appropriate forum to determine
custody of the Minor Child.
291016-1
9. Conclusion of law; no response required. Ifa re:~ponse is required, the Uniform
Child Custody Jurisdiction Act, Section 23 Pa.C.S.A. § 5347, speaks for itself. Further, 23
Pa.C.S.A. § 5347, Subsection (a), provides that:
A court of this Commonwealth shall not exercise; its jurisdiction under this
Subchapter if, at the time of filing the petition, a proceeding concerning
the custody ora child was pending in a court of another state exercising
jurisdiction substantially in conformity with this Subchapter ....
At the time of the filing of the Complaint in Custody in Cumberland County, there was no
proceeding concerning the custody of the Minor Child pending in the Court of Common Pleas of
York County. The parties had abandoned the York County Order since approximately December
2001, when they reconciled and moved in together. Further, York County is not a court of this
Commonwealth which would be exercising jurisdiction "substa~atially in conformity with this
Subchapter," as Cumberland County is clearly the home county of the Minor Child, and York
County no longer has jurisdiction over the Minor Child.
10. Conclusion of law; no response required. If a response is required, the Uniform
Child Custody Jurisdiction Act, 23 Pa.C.S.A., § 5341, et seq., speaks for itself. In addition, the
Uniform Child Custody Jurisdiction Act, § 5344(a)(i) and (ii), provides that a court of this
Commonwealth shall have jurisdiction if:
(i) [it] is the home state of the child at the time of commencement of the
proceeding; or
(ii) [it] had been the home state of the child within six months before
commencement of the proceeding and the child is absent from this
Commonwealth because of his removal or retention by a person claiming
his custody or for other reasons, and a parent or person acting as parent
continues to live in this Commonwealth;
291016-1
It is clear that Cumberland County is the home county of the Minor Child at this time and has
been the home county of the Minor Child for a period well in excess of six (6) months before the
filing of the Complaint in Custody. Further, it would be in the best interest of the Minor Child
that Cumberland County assume jurisdiction because the Minor Child has lived in Cumberland
County for over two (2) years, and there is available in Cumberland County substantial evidence
concerning the present and furore care and personal relationships of the Minor Child.
11. Conclusion of law; no response required. If a response is required, it would be in
the best interest of the Minor Child that Cumberland County assert jurisdiction in this matter.
Cumberland County is the home county of the Minor Child and the place better suited to decide
the custody of the Minor Child.
12. Conclusion of law; no response required. If a response is required, the Minor
Child has resided in Cumberland County for over two (2) years and resided with both parents in
Cumberland County for approximately seventeen (17) months. Clearly, Cumberland County is
the more appropriate county for a determination of custody. In .addition, there is available in
Cumberland County more evidence concerning the present and future care, protection, training,
and personal relationships of the Minor Child.
291016-1
WHEREFORE, the Plaintiff, Saresa D. Uglow, respectfially requests that this Honorable
Court dismiss Defendant's Preliminary Objections.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
Dated:
Andrew C. Spears, Esquire
Attorney I.D. No. 87737
P.O. Box 5300
Harrisburg, PA 171110-0300
(717) 238-8187
Attorneys for Plaintiff
291016-1
VERIFICATION
I, Saresa D. Uglow, verify that the statements made in the foregoing Response to
Preliminary Objections of Defendant 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. §4904, relating to unswom falsification to authorities.
Dated:
289719
CERTIFICATE OF SERVICE
I, Andrew C. Spears, Esquire, of the law firm ofMetzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and exact copy of the Response to Preliminary Objections of
Defendant with reference to the foregoing action by first class mail, prepaid, this ~ day of
Q) c~re3x~D~ c ,2003, on the following:
Adam M. Farabaugh
c/o Michelle C. Kahan, Esquire
2536 Eastern Boulevard
No. 152
York, PA 17402
Andrew C. Spears, Esquire
289719
SARESA D. UGLOW,
Plaintiff
V.
ADAM M. FARABAUGH,
Defendant
NOV 0 4 2003
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NOi 03-54i9 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
ORDER
AND NOW, this 24th day of October, 2003, in light of 1he Preliminary Objections filed by
counsel for the Defendant on October 21, 2003, the Custody Conciliation Conference scheduled for
November 17, 2003 at 12:30 p.m. is continued generally pending the Court's disposition of the
Preliminary Objections.
FOR T H E,~'~r:
~e~i'ssa Peel Greevy, Esquir
~Custody Conciliator
Dist: ,,/~ndrew C. Spears, Esquire, PO Box 5300, Harrisburg, PA 17110-0300
~v~ichelle C. Kahan, Esquire, 2536 Eastern Blvd., #152, York, PA 17402
ffvlelissa Calvanelli, Assistant Court Administrator, Cumberland County Courthouse, I Courthouse Square,
Carlisle, PA 17013
:220025
SARESA D. UGLOW,
Plaintiff
VS.
ADAM M. FARABAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: 03-5419 CIVIL
CIVIL ACTION. LAW
IN CUSTODy
IN RE:DEFENDANT,S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
ORDER
AND NOW, this Z$" day of November, 2003, a brief argument on the within
preliminary objections to plaintiff's complaint is set for Thursday, December 11, 2003, at 9:00
a.m. in Courtroom Number 4, Cumber/and County Courthouse.. Carlisle, PA.
BY THE COURT,
6~ ndrew C. Spears, Esquire
For the Plaintiff
,/Michelle C. Kahan, Esquire
For the Defendant
:rim
SARESA D. UGLOW,
Plaintiff
ADAM M. FARABAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5419 CIVIL
CIVIL ACTION - LAW
IN CUSTODY
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
ORDER
AND NOW, this ~ 2. '- day of December, 2003, after hearing, the court being
satisfied that, under the somewhat unusual facts of this case, venue is proper, at least initially, in
York County and not in Cumberland County. The preliminary objections of the defendant to
venue are SUSTAINED. Upon payment of the costs and fees by the plaintiff, this action shall be
transferred to York County. At her option, the plaintiffmay decline to pay said costs of transfer
and, instead, file her petition to the existing York County docket number.
BY THE COURT,
:tim
,~ndrew C. Spears, Esquire
For the Plaintiff
~ichelle C. Kahan, Esquire
For the Defendant