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HomeMy WebLinkAbout05-0873KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05'-8?3 CIVIL ACTION - LAW 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 of 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 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE COUNT I Request for a No-fault Divorce Under 63301(cl of the Domestic Relations Code 1. Plaintiff is RICHARD BYAMUGISHA, currently residing at Apt. C-7, 402 W. Crestwood Drive, Camp Hill, PA 17011-1206. 2. Defendant is HILDA HELEN BYAMUGISHA, whose whereabouts are unknown, but is believed to be living in Reading, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 17, 1996 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Defendant is not a member of the armed services. 9. There is one child born of the marriage (Plaintiff has filed a Custody Complaint concurrent with this filing). WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. COUNT II Request for a Fault Divorce under 6 3301(a) of the Domestic Relations code 10. Plaintiff hereby incorporates Paragraphs 1 through 9 of his Complaint as if fully set forth herein. 11. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce pursuant to § 3301(a) of the Domestic Relations Code. Respectfully submitted, DATE: 2/15/05 Jlto? . 114, KEN ETH F. LEWIS, ESQUIRE Attorney for Plaintiff I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document 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. Dated: 2/15/05 A c, co c U' U KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OS--M CIVIL ACTION - LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is RICHARD BYAMUGISHA, who currently resides at Apt. C-7, 402 W. Crestwood Drive, Camp Hill, PA 17011- 1206. 2. Defendant is HILDA HELEN BYAMUGISHA, whose whereabouts are unknown, but it is believed she is in Reading, Pennsylvania. 3. Plaintiff seeks primary legal and shared of the parties' child, ACKLYNN BYAMUGISHA, born 11/11/97. 4. The Defendant (maiden name Lukwago) was ordered to be deported to Uganda on October 20, 2004 (see Exhibit "A" attached hereto). 5. Her appeal of the deportation order was denied by Order dated December 15, 2004 (see Exhibit "B" attached hereto). 6. Instead of leaving the country, Defendant left the jurisdiction. Plaintiff and the child remained in Harrisburg. 7. On January 16, 2005, Defendant picked up Acklynn and now is in hiding with her. 8. Plaintiff is simultaneously filing an Emergency Petition for Special Relief in an effort to find the child and prevent Defendant from leaving the country with the child. 9. The child has resided with the following persons at the following addresses for the following periods of time: NAME ADDRESS DATE father/mother Paxton Street date of birth - Hbg., PA Feb, 2001 mother Walnut St. Feb, 2001 - 2003 Hbg., PA father/mother see paragraph #1 Spring, 03 - 10/17/04 father see paragraph #1 10/17/04 - 1/15/05 mother unknown 1/16/05 - present 10. The relationship of the Plaintiff to the child is that of the natural father. He is married to the Defendant and resides alone. 11. The relationship of the Defendant to the child is that of the natural mother. She is married to the Plaintiff. 12. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the child will be served by granting sole custody to Plaintiff as Defendant is in the process of being deported and plans to leave the country with the child as soon as she is caught by the INS. 14. Each parent whose parental rights to the child has not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant him sole legal and physical custody of the parties, child. Respectfully submitted, DATE: 2/15/05 KENN TH LEWIS, ESQUIRE Attorney for Petitioner I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 I hereby verify that the statements made in the foregoing document 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. Dated: 2/15/05 ` --- TrWIMNEEC RICHD NtAMUGISHA E' {'s ?c KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O5 'a Oq3 CIVIL ACTION - LAW HILDA HELEN BYAMUGISHA, Defendant/Respondent CUSTODY EMERGENCY PETITION FOR SPECIAL RELIEF (CUSTODY) 1. Petitioner is RICHARD BYAMUGISHA, who currently resides at Apt. C-7, 402 W. Crestwood Drive, Camp Hill, PA 17011- 1206. 2. Defendant is HILDA HELEN BYAMUGISHA, whose whereabouts are unknown, but is believed to be staying in Reading, Pennsylvania. 3. Plaintiff is simultaneously filing a Custody Complaint seeking sole legal and physical custody of the parties' child, ACKLYNN BYAMUGISHA, born 11/11/97. 4. The Defendant (maiden name Lukwago) was ordered to be deported to Uganda on October 20, 2004 (see Exhibit "A" attached hereto). 5. Her appeal of the deportation order was denied by Order dated December 15, 2004 (see Exhibit "B" attached hereto). 6. Instead of leaving the country, Defendant left the jurisdiction. Plaintiff and the child remained in Harrisburg. 7. On January 16, 2005, Defendant picked up the child and has the child "in hiding" with her. 8. It is believed the Infinity Charter School has forwarded the child's school records to another school for enrollment based upon Defendant's request. 9. The undersigned counsel has spoken with Phil Murren, Esquire, counsel for the Infinity Charter School, where the child had been attending until removed from the jurisdiction by Defendant. Attorney Murren would not divulge any information to Plaintiff or Plaintiff's counsel without an Order of Court (indicating to Plaintiff's counsel that he would have no problem even with an ex parte Order, but wanted to make sure he could legally divulge the information). 10. Defendant has filed for child support with the Dauphin County Domestic Relations Section (though Plaintiff resides in Cumberland County), requesting that her address remain confidential, falsely stating that Plaintiff has been abusive. 11. It is believed the Dauphin County Domestic Relations Section knows where Defendant and the child are residing. 12. Anser Ahmad, Esquire represented Defendant in her deportation case. Plaintiff believes and therefore avers that attorney Ahmad knows where Defendant and the child are residing (attorney Ahmad indicated to Plaintiff that he could not help him as he represented Defendant). 13. The U.S. Department of Homeland Security and Immigration and Customs Enforcement has indicated to Plaintiff that it may $now where Defendant is residing. 14. Defendant is concerned Defendant will be deported and that she, having already taken the child's passport, will take the child with her. WHEREFORE, Plaintiff requests the Court as follows: a) to grant Plaintiff sole legal and physical custody pending further Order of Court; b) to order Defendant to immediately return the child to Plaintiff; c) to order the Infinity Charter School to divulge all information related to the subject child, including the child's location (if known), where they sent the child's records, etc.; d) to order Anser Ahmad, Esq., 105 N. Front St., Harrisburg, Pennsylvania to divulge all pertinent information relating to the child's whereabouts; and e) to order Dauphin County Domestic Relations to divulge all pertinent information relating to the child's whereabouts. Respectfully submitted, DATE: 2/15/05 J 01 KEN ETH LEWIS, ESQUIRE Attorney for Petitioner I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document 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. Dated: 2/15/05 United States Department of Homeland Security Immigration and Customs Enforcement 1600 Callowhlll Street Philadelphia, PA 19130 10 Hilda Helen Lukwago 402 W. Crestwood Drive Apt. C7 Camp Hill, PA 17011 File No. A70 919 615 Date: October 06, 2004 As you know, following a hearln in your case you were found deportable and the hearing officer has entered an order of deportatio . A review of your file Indicates there Is no administrative relief which may be extended to you, and it is now Incumbent upon this Service to enforce your departure from the United States. Arrangements have been made for your departure to Uganda _ on a date to be arranged from Philadelphia, PA. You should report to a Deportation Officer at Room 525, 1600 Caliowhill Street, Philadelphia, PA 19130 at: 10:00am on 10/20/2004 (time) (date) completely ready for deportation. At the time of your departure from Philadelphia, PA you will be limited to 40 pounds of baggage. Should you have personal effects in excess of this amount, you must immediately contact Deportation Officer Brian McShane at 215-656-7165 or call in person at the address noted above, and appropriate disposition of your excess baggage will be discussed with you. Very truly yours, Field Office Director I-188 GPO SMSlo EMBIF -\ 1? // . A ? - CPS-46 November 24, 2004 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 04-3917 HILDA HELEN LUKWAGO V. JOHN ASHCROFT (AGENCY NO. A70-919-815) Present: ALITO AND M?CKEE, CIRCUIT JUDGES Submitted is petitioner's motion for a stay of removal, with addendum in the above-captioned case. MMW/LLB/lld Respectfully, Clerk ORDER The motion for a stay of removal is denied. The petitioner has not satisfied the four-part test used to determine whether a stay of removal is warranted. Douglas v. Ashcroft, 374 F.3d 230, 233 (3d Cir. 2004). The petitioner has not made a showing of likely success on the merits insofar as it appears that 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review of a discretionary decision to deny adjustment of status under 8 U.S.C. § 1255. Although the equities weigh in her favor, petitioner also has not shown that a balancing of the stay factors merits a stay of removal pending appeal in view of the jurisdictional problem. By the Court, Dated: December 15, 2004 LLD/cc: Anser Ahmad, Esq. William C. Peachey, Esq. /s/ Samuel A. Alito. Jr. Circuit Judge ?-? C`.7 <?7 ??'?? ? .a l Y ? ? ? ??? : 1 i . VJ' .,i'1 1 • l ' -3 to KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW CUSTODY CUSTODY STIPULATION AND NOW, this 10 day of February, 2005, the parties enter into the following Stipulation, intending to be legally bound and having these provisions be made into an Order of Court. 1. The parties shall share legal custody of their child, ACKLYNN BYAMUGISHA, born 11/11/97. The parties agree that major decisions concerning their child, including her health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. 2. FATHER shall have primary physical custody of the child. 3. MOTHER shall have visitation with the child as the parties may agree. Father recognizes it is; important that Mother remain a strong force in the child's life. 4. Each parent shall be entitled to reasonable phone contact with the child when in the custody of the other parent. 5. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. DATED /?D pO DATED, f? RICHA7 BY UGISHA HILDA HELEN BYAMUGISHA FEB 1 7 200c?? RICHARD BYAMUGISHA, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. OS4173 CIVIL ACTION - LAW HILDA HELEN BYAMUGISHA, Defendant DIVORCE/CUSTODY ORDER OF COURT AND NOW, this ( g A day of February, 2005, upon consideration of the request for emergency relief within Plaintiff's EMERGENCY PETITION FOR CUSTODY AND COMPLAINT FOR DIVORCE, it is hereby ORDERED: ?CLd 013 legal and physical custody ?.t S of ACKLYNN BYAMUGISHA, born 11/11/97 en»di?ng ffu?rther Ord r of? Court ?d1 ? S ly ?? ? P4 -PIayffrTTr. S"o,- 3. +he Infinity Charter School shall immediately divulge all information relating to the subject child to counsel for Plaintiff, including the child's location (if known), where they sent the child's records, etc. T?? W S, Crtwx Q <jv 4.A Anser Ahmad, Esquire shall immediately divulge all pertinent information relating to the child's whereabouts to . C %", k t tae St y CA M 5. Da ph n County Domestic Relations Section shall immediately divulge all pertinent information relating to the child's whereabouts to Plaintiff's counsel.. c+/- BY TH OUR4 J. DISTRIBUTION: ,,Ienneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 who shall serve Anser Ahmad, the Infinity Charter School and Dauphin County Domestic Relations Section J -c?5 RICHARD BYAMUGISHA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HILDA HELEN BYAMUGISHA DEFENDANT 05-873 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, _ Wednesday, February 23, 2005__, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's,1901 State St., Camp Hill, PA 17011 on Thursday, March 24, 2005 at 2:30 PM 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 Custodv orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: !s!__ Melissa P_Greeq Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICF 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 t66 -Sri.fib'(e 0 ' 5o be t :Hwy h? :E Wd hz olio KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-873 CIVIL ACTION - LAW HILDA HELEN BYAMUGISHA, Defendant CUSTODY/DIVORCE ACCEPTANCE OF SERVICE I hereby acknowledge that I received the divorce and custody Complaints. DATE: LAS L?`y? ?iV? /`?^ HILDA'HE EL AMUGISHA -r, S' N 4 Q5 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-873 CIVIL ACTION - LAW HILDA HELEN BYAMUGISHA, Defendant CUSTODY O R D E R 1 AND NOW, this / day of 2005, it is Ordered and Decreed that the attached Custody Stipulation entered into between the parties is hereby made an order of Court. O? X;00t?'6 J. r S UI Z-ti Ia RICHARD BYAMUGISHA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-873 CIVIL TERM V. HILDA HELEN BYAMUGISHA, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 151 day of March, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR Melissa Peel Greevy, Esquire Custody Conciliator :245780 ,.. t: <, SJU? +F. 1 .a j!1 ?? KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on February 16, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: 45-_^ RICH *D BYAMUGISHA 0 s ? ?tf Mir r ? i 9,6 -'V C7 r? i N 'fit ?? N KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE I consent to 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 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. 4. I verify that the statements made in the foregoing document 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. Dated: AU RICHA D BYAMUGISHA c? N =7 " v? 1 co a 1J"; ?? ? N KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on February 16, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. Dated: ?? 34 d ? %L i / A ELEN YAMUGISHA n Q (='. a -T1 C74'"' c n L nm r Ci ?-n .% N N "? KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (a) OF THE DIVORCE CODE 1. I consent to 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 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. 4. I verify that the statements made in the foregoing document 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. G? Dated: ps d ?- HILD HELEN B GISHA d ? co ? r_ O N RICHARD BYAInUCISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: TranS:ait the record, together with the following information, to tnia court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 33o1(c) O 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed 2/20/05 and filed 2/24/05. ;. (Cumplete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 33U1(c) of the Divorce Code and Waiver of Notice of Intentioii to Request Entry of a Divorce Decree: by the Plaintiff on 5/30/05; by the Defendant on 5/30/05. 4. Related claims pending: NONE, only no-fault divorce fileu. DATED: 61/6/05 1 4 KEN ETH W. LEWIS, ESQ. Att rney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff N c7 co ' C7? 5 y rn Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r37 5 QIC?IN?D 6YA?UGIs//7 Jam. No. ©5-873 VERSUS PlLhh HELEN QYVO? -- A DECREE IN DIVORCE 7? /I AND NOW, /^' /'/?11?v ? Y//?l ? 1 n?/J /y?1(J' , ?DS, IT IS ORDERED AND DECREED THAT I`l?/,/1 Q, PLAINTIFF, AND Ylall HELEN 13; ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; /IDfie TH ATTEST: J. i i vs' PROTHONOTARY 50 _ ,N* e ? Richard Byamugisha, Plaintiff/Respondent V. Hilda Byamugisha, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 05- 873 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER AND NOW comes Petitioner, Hilda Byamugisha, by and through her attorneys, the Family Law Clinic, and presents the following in support of her Petition to Modify Custody Order. 1. Petitioner (hereinafter Mother), respectfully represents that on March 1, 2005, an Order of Court was entered for custody of Acklynn Byamugisha, born November 11, 1997, a true and correct copy of which is attached as Exhibit A. 2. Under the existing Order, Mother has shared legal custody of the child. Mother has visitation when the parties mutual agree. Respondent (hereinafter Father) has primary physical custody of the child. 3. This Order should be modified because: a. The child has been living with Mother in Georgia since December 2007 and attending school in Mother's district since January 2008. b. The child desires to live with Mother and stay in Georgia. c. The child is doing well in school and should not have to change schools for a second time. d. From February 2005 to December 2007, despite Mother's frequent requests, Father only allowed Mother one visitation from June to August 2006, while Father was traveling outside the country. e. From June to July in 2007 when Father was traveling outside of the country, Father denied Mother visitation with the child and left the child with a friend in Delaware without notice to Mother. f. From February 2005 to December 2007, Father denied most of Mother's requests to talk to the child on the phone. Even when Father allowed Mother to talk to the child on the phone occasionally, Father only allowed Mother to talk for about five minutes each time. g. Father failed to obtain the appropriate medical treatment for the child while the child was in his custody. The child's health was poor when she came to Mother in December 2007. h. Mother has obtained appropriate medical treatment for the child since December 2007. i. Father does not currently have a stable living condition as he travels outside of the state and country about five times per year. He is gone for three weeks to one month each time he travels. 4. Pursuant to C.C.R.P. 208.2 (d), concurrence of opposing counsel was sought and he does not concur with this Petition to Modify Custody Order.. 5. The Honorable Edward E. Guido previously ruled in this matter. WHEREFORE, Petitioner respectfully requests that the Court modify the existing Order for Custody and grant Mother shared legal and primary physical custody because it will be in the best interest of the child. Date: a00 r4?", Fei Bao Certified Legal Intern . . /A? MEG RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 • L KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW CUSTODY O R D S R I AND NOW, this ( day of 2005, it is Ordered and Decreed that the attached Custody Stipulation entered into between the parties is hereby made an order of Court. J. KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff RICHARD BYAMUGISHA, Plaintiff V. HILDA HELEN BYAMUGISHA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-873 CIVIL ACTION - LAW CUSTODY CUSTODY gTSPIILATI0?1 AND NOW, this D day of February, 2005, the parties enter into the following Stipulation, intending to be legally bound and having these provisions be made into an Order of Court. 1. The parties shall share legal custody of their child, ACKLYNN BYAMUGISHA, born 11/11/97. The parties agree that major decisions concerning their child, including her health, welfare, education, religious training and upbringing shall be made by them jointly, after discussion and consultation with each other, with a view toward obtaining and following a harmonious policy in the child's best interests. 2. FATHER shall have primary physical custody of the child. 3. MOTHER shall have visitation with the child as the parties may agree. Father recognizes it is important that Mother remain a strong force in the child's life. 4. Each parent shall be entitled to reasonable phone contact with the child when in the custody of the other parent. 5. Each parent agrees not to attempt to alienate the affections of the child from the other and will make a special conscious effort not to do so. DATED; ?PZLOO RI (!YMGISHA 1 DATED: HILDA H]?LEN BxAMUGISHA VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: v'Z r rl, r,- il By ugisha CERTIFICATE OF SERVICE I, Fei Bao, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 15-t day of Mitq, 2008 addressed as follows: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 ew Fei Bao Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Richard Byamugish, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Hilda Byamugisha, Defendant/Petitioner : NO. 05- 873 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Hilda Byamugisha, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date_* L -2111 Respectfully submitted, Fei Bao Certified Legal Intern ROB E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 }+„7 C: =:S "'i ??? ?? ti ? 1 ? -.. ;% ;, --i,_ ?w C:_; ' ~, ..F.? t:, RICHARD BYAMUGISHA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. HILDA BYAMUGISHA DEFENDANT 2005-873 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 07, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 29, 2008 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ 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 information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 3a, A voi N?111?71 ?9?lqwo 3 JUN 0 9 2008 OV RICHARD BYAMUGISHA, Plaintiff V. HILDA BYAMUGISHA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-873 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this / I day of , 2008, upon consideration of the attached Custody Conc Hiationport, it is ordered and directed as follows: The prior Order of Court dated March 1, 2005 is hereby vacated. 2. The Mother, Hilda Byamugisha and the Father, Richard Byamugisha, shall have shared legal custody of Acklynn Byamugisha, born November 11, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall attend the West Shore School District for the 2008-2009 school year. Both parties shall administer prescribed medication. In the event there is a difference of opinion regarding medical issues, the parties shall discuss the issues with the child's primary physician. The parties shall supply the other with copies of the child's birth certificate, social security card information and insurance cards. 3. The parents shall have shared physical custody on a week on/week off schedule with the exchange day and time being Sundays at 7:00 p.m. Father shall have the first full week beginning July 27, 2008. The non-custodial parent shall have physical custody of the child on their off week on Wednesdays from after school or 4:00 p.m. to 8:00 p.m. 4. Neither party may remove the child from the country or permanently relocate the child outside of the jurisdiction without prior approval of the other party or Order of Court. In the event that either party is not able to exercise physical custody, primary physical custody shall revert to the other party. 5. Transportation shall be shared such that the receiving party shall transport. 6. Holidays: A. Thanksgiving and Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. The parties shall have liberal telephone contact with the child. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for September 8, 2008 at 9:30 a.m. Edward E. Guido, J. cc: 1cole Berman, certified legal intern, Counsel for Mother ? Kate Lawrence, Esquire, Family Law Clinic Kenneth Lewis, Esquire, Counsel for Father O dP'fS rrcc u L/n/a9 411? VINV O ASNN3d L ! I WV I I Nnr BQBZ 3'lCi rvd 3HI 30 33E-?-c?lj RICHARD BYAMUGISHA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-873 CIVIL ACTION - LAW HILDA BYAMUGISHA, Defendant : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Acklynn Byamugisha November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on June 3, 2008, with the following in attendance: The Mother, Hilda Byamugisha, with her counsel, Nicole Berman, certified legal intern and Kate Lawrence, Esquire, Family Law Clinic and the Father, Richard Byamugisha, with his counsel, Kenneth Lewis, Esquire. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated March 1, 2005 providing for shared legal custody, Father having primary physical custody and Mother having periods of partial physical custody as agreed. 4. The parties agreed to an Order in the form as attached. Date cq ine M. Verney, Esquire Custody Conciliator AW 2 2 2008 RICHARD BYAMUGISHA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-873 CIVIL ACTION - LAW HILDA BYAMUGISHA, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 21 st day of August, 2008, being advised that the parties are satisfied with the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, A ,V ac line M. Verney, Esquire, Cust y Conciliator rv -n rrT Cr) Richard Byamugisha, Plaintiff V. Hilda Byamugisha, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 2005-873 CIVIL TERM PETITION TO MODIFY CUSTODY ORDER 1. The petition of Hilda Byamugisha, by her attorneys, the Family Law Clinic, respectfully represents that on June 11, 2008 an Order of Court was entered for custody of Acklynn Byamugisha, born November 11, 1997, a true and correct copy of which is attached. Under the existing Order, Mother and Father have shared legal custody and shared physical custody of the child. Mother and Father are to follow a week on/week off schedule with the exchange occurring Sundays at 7:00 p.m. The non-custodial parent has physical custody on their off week on Wednesdays from after school or 4:00 p.m. to 8:00 p.m. Holidays are to be shared. 2. This Order should be modified because: a. Father has not exercised his custody since July 26, 2008. b. Father is living outside the country, and when he was in the country, did not exercise the custodial rights that he had. 3. On September 30, 2009, we contacted Kenneth Lewis, Counsel for Father seeking consent to this petition. He responded October 1, 2009 informing us that he has not had any contact with Father for a very long time. 4. The Honorable Judge Edward E. Guido previously ruled in this case. WHEREFORE, Petitioner asks that the Court modify the existing Order for Custody and grant Mother sole legal and primary physical custody because it will be in the best interest of the child. Date: I D(2169 Certified Legal &A, -4um-wt*?__ THOI\ S M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Hilda Byamugisha JUN 0 9? 200? OV RICHARD BYAMUGISHA, Plaintiff V. HILDA BYAMUGISHA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-873 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW AND NOW, this day of ?W? 2008 ,upon ?. consideration of the attached Custody Cone iation Report, it is ordered and directed as follows: The prior Order of Court dated March 1, 2005 is hereby vacated. 2. The Mother, Hilda Byamugisha and the Father, Richard Byamugisha, shall have shared legal custody of Acklynn Byamugisha, born November 11, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. The child shall attend the West Shore School District for the 2008-2009 school year. Both parties shall administer prescribed medication. In the event there is a difference of opinion regarding medical issues, the parties shall discuss the issues with the child's primary physician. The parties shall supply the other with copies of the child's birth certificate, social security card information and insurance cards. 3. The parents shall have shared physical custody on a week on/week off schedule with the exchange day and time being Sundays at 7:00 p.m. Father shall have the first full week beginning July 27, 2008. The non-custodial parent shall have physical custody of the child on their off week on Wednesdays from after school or 4:00 p.m. to 8:00 P.M. 4. Neither party may remove the child from the country or permanently relocate the child outside of the jurisdiction without prior approval of the other party or Order of Court. In the event that either party is not able to exercise physical custody, primary physical custody shall revert to the other party. 5. Transportation shall be shared such that the receiving party shall transport. 6. Holidays: A. Thanksgiving and Easter shall be shared from 9:00 a.m. to 3:00 p.m. and 3:00 p.m. to 9:00 p.m. as agreed by the parties. B. Christmas shall be divided into two Blocks. Block A shall be from 12:00 noon on Christmas Eve to 12:00 noon on Christmas Day. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 7. The parties shall have liberal telephone contact with the child. 8. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for September 8, 2008 at 9:30 a.m. B Edward E. Guido, J. Fcc: Nicole Berman, certified legal intern, Counsel for Mother ,, ` . . Date Lawrence, Esquire, Family Law Clinic Kenneth Lewis, Esquire, Counsel for.Father CERTIFICATE OF SERVICE I, Amber Bireley, Certified Legal Intern, the Family Law Clinic, hereby certify that I am serving a true and correct copy of a Petition to Modify Custody Order on the following person by first class U.S. Mail, postage prepaid, this 2"d day of October, 2009: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 FU;G-';v'i i ' OF THE Mi MOMMY 2009OCT -2 AM $: 53 J?Fo RICHARD BYAMUGISHA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-873 CIVIL ACTION LAW HILDA BYAMUGISHA IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 07, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, November 10, 2009 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Jacqueline M. Verney, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 1 ? ? U? " ?t1C-T ? ?Yt?t 4 t..?CJ?- ?U T8rn ? 4?,GJ Copt, .m.a i Li cL `k? R4? w. L.£,u,,i 'NOV 0 9 2009A RICHARD BYAMUGISHA, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-873 CIVIL ACTION - LAW HILDA BYAMUGISHA, Defendant/Petitioner: IN CUSTODY ORDER OF COURT r' AND NOW, this J-?--day of 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated June 11, 2008 is hereby vacated. 2. The Mother, Hilda Byamugisha shall have sole legal and sole physical custody of Acklynn Byamugisha, born November 11, 1997. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Y E C B OURT, Edward E. Guido, J. cc: nber Bireley, certified legal intern, Counsel for Mother gan Riesmeyer, Esquire, Family Law Clinic --'Kenneth Lewis, IEsqurire, Counsel for Father Les /t (Z/oy -Tryl RICHARD BYAMUGISHA, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-873 CIVIL ACTION - LAW HILDA BYAMUGISHA, Defendant/Petitioner : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Acklynn Byamugisha November 11, 1997 Mother 2. A Conciliation Conference was held in this matter on November 10, 2009, with the following in attendance: The Mother, Hilda Byamugisha, with her counsel, Amber Bireley, certified legal intern and Megan Riesmeyer, Esquire, Family Law Clinic. Service of the Petition was made by sending the Petition to Father's prior counsel, Kenneth Lewis, Esquire. No one appeared on behalf of Father. Mother believed he is out of the country, but his exact location is unknown. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated June 11, 2008 providing for shared legal and shared physical custody. Father has not exercised his periods of physical custody since July 26, 2008. 4. Mother requested an Order in the form as attached. t ! - to -67-- Date ac eline M. Verney, Esquire Custody Conciliator _ ',.RY 2H?9 NO 12 Pil 1: 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plchgb ..?YA-MqkSAA Plaintiff VS. YJA Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME N C z iv Za 1V ?Z i --tom y. Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the 'JVylt day of /5 )005 hereby elects to resume the prior surname of _Lij &A c:,? d and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: Y0A A Y "W ?UIIA Signature COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FILE NO. 5 , O 7 3 20 Signature of name bein resumed : SS. On the v? day of 4 20 l 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. .ilt Notary Public $13.0o Pn nerr &ASN e# a *7?07138