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06-7066
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, VS. AMANDA J. UHLIG, Plaintiff ) Defendant ) No. 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One 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. Court Administrator's Office Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 CHILDREN UNDER 18 X Yes No AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's Office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing or conference. CHILDREN UNDER 18 X Yes No 2 NOTICE OF AVAILABILITY OF COUNSELING The Divorce Code provides that marriage counseling be available to parties in Divorce actions. Under some circumstances the Court may require such counseling. You should notify your attorney if you wish the Court to Order marriage counseling. The Cumberland County Prothonotary's Office can provide you with a list of qualified counselors, but you are not required to select a counselor from that list. Fees for counseling are set by the counselor, and payment is the responsibility of the parties involved. The costs of counseling provided by some agencies is based on ability to pay. For additional information, contact your attorney or the Cumberland County Prothonotary's Office. 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, Plaintiff ) j No. Defendant ) 0.-7aL L r. ?C-7 vs. AMANDA J. UHLIG, COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Christopher A. Uhlig, by and through his attorneys, Brian K. Marshall, Esquire and Miller, Kistler, Miller, Williams & Benson, Inc., who files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Christopher A. Uhlig, an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 142 S. 30th Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Amanda J. Uhlig, an adult individual and citizen of the Commonwealth of Pennsylvania, who currently resides at 807 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint in Divorce. 4. The Plaintiff and Defendant were married on the 17th day of May, 2003 in Montgomery County, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 2 6. The Plaintiff has been advised of the availability of counseling, and that he may have the right to request that the Court require both Plaintiff and Defendant to participate in counseling in accordance with the provisions of Rule 1920.45. COUNT I - IN DIVORCE 7. Plaintiff incorporates paragraphs 1 through 6 herein by reference as though set forth in full. 8. The grounds on which Plaintiff bases this action are as follows: a. The marriage now existing between the parties is irretrievably broken, and the Plaintiff is proceeding under Section 3301(c) and Section 3301(d). 9. The marriage is irretrievably broken. 10. At the appropriate time, Plaintiff may submit an Affidavit under Section 3301(d) alleging that the parties have lived separate and apart for a period in excess of two years. WHEREFORE, the Plaintiff respectfully requests this Honorable Court issue a Decree of Divorce in the above-captioned matter pursuant to Section 3301(c) or (d). COUNT II - EQUITABLE DISTRIBUTION 11. Plaintiff incorporates paragraphs 1 through 10 herein by reference. 12. During the course of the marriage, Plaintiff and Defendant have acquired certain assets considered marital assets within the meaning of the Divorce Code. 3 13. Plaintiff and Defendant have been unable to agree as to the equitable division of the marital assets as of the date of filing this Complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order equitably dividing marital property. COUNT III - CUSTODY OF MINOR CHILD 14. Plaintiff incorporates paragraphs 1 through 13 herein by reference. 15. Plaintiff is Christopher A. Uhlig currently residing at 142 S. 30th Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania. 16. Defendant is Amanda J. Uhlig currently residing at 807 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 17. Plaintiff seeks custody of the following child: Tyler R. Uhlig (4/11/05). The child currently resides at 807 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania. 18. The child was not born out of wedlock. 19. The child is presently in the custody of Defendant. Since the child's date of birth, child has resided with the following persons at the following addresses: Name Address Dates Plaintiff & Defendant 1730 Bristol Avenue, #402 4/11/05 through State College, PA 7/05 Plaintiff & Defendant 807 Highland Court 7/05 through Mechanicsburg, PA 11/22/06 Defendant 807 Highland Court 11/22/06 to Mechanicsburg, PA present 4 Plaintiff is the child's natural father. Defendant is the child's natural mother. 20. Plaintiff currently resides with his parents, Robert and Diane Uhlig. Plaintiff is temporary staying with Dr. Harvey Shapiro, Christine Spangler and Jessica Spangler, while he secures permanent housing. 21. Defendant currently resides with the minor child, Tyler R. Uhlig. 22. There have no prior custody actions filed with respect to the minor child. 23. Plaintiff has no information of a custody proceeding concerning this child pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 25. The best interest and permanent welfare of the child will be served by granting Plaintiff primary physical custody. 26. Each parent whose parental rights to the child have not been terminated and those persons who have physical custody of the child have been named as parties to this action. 5 WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order granting Plaintiff physical custody of the minor child, Tyler R. Uhlig. Respectfully Submitted, Brian K. Marshal , squire MILLER, KISTLER, CAMPBELL, MILLER, WILLIAMS & BENSON, INC. 720 S. Atherton Street State College, PA 16801 (814) 234-1500 Counsel for Plaintiff Dated: 1011 T!U? 6 VERIFICATION I, Christopher A. Uhlig, verify that the statements contained in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Christoph r A. U ig Dated: f KGV 0& N 1 1 Cj r n, F- t 1 PERLBERGER LAN ASSOCIATES, P.C. BY: NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 TWO BALA PLAZA SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0900 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMN PLEAS OF CU14BERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHRISTOPHER A. UNLIG Plaintiff V. AMANDA J. UNLIG Defendant TO THE PROTHONOTARY: IN DIVORCE No. 06-7066 Civil Term ENTRY OF APPEARANCE Kindly enter my appearance as counsel on behalf of Amanda Uhlig, Defendant in the above-captioned case. Hanna Perlberger, squire Attorney I.D. #59463 ?, r . `-? "" j _ ? ? " ' j --r- _ F ? 7 ?.. ? r ?„ , ' ?`3 ? J ?, _ ? =?, .f_ ?_ ' L. 1 ? ?•'?« IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, vs. AMANDA J. UHLIG, Plaintiff ) No Defendant ) 06- 7o6L ACCEPTANCE OF SERVICE I, Hanna Perlberger, Esquire, accept service of the Complaint in Divorce on behalf of Defendant Amanda J. Uhlig, and certify that I am authorized to do so. Hanna Perl erger squire 1361 Garden Road Wynnewood, PA 19096 610-645-0900 Dated: I Zi I 1'?' ?p(' Attorney for Defendant 1 ??.: ,. ?- ? <? :_? - ???, n .. ; tl "-' _7.. f\: ' r- o.J V -•? 1 ??? `?7 - _„ `LL CHRISTOPHER A. UHLIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA J. UHLIG DF,FFNDANT 06-7066 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, March 05, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, March 22, 2007 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. 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 ?z ACV 7, S :Z 'Wd 9- Ph! HOZ PERLBERGER LAN ASSOCIATES, P.C. ATTORNEYS FOR DEFENDANT BY: HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 TWO BALA PLAZA, SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0100 IN THE COURT OF COM14ON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER A. UHLIG No. 06-7066 Plaintiff IN DIVORCE CIVIL TERM V. AMANDA J. UHLIG Defendant Defendant's Answer to Plaintiff's Complaint in Divorce 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. COUNT I - 3301 7. No response is necessary. 8. No response is necessary. 9. Admitted. 10. No response is necessary. t WHEREFORE, Defendant respectfully requests that this Honorable Court enter a decree of divorce pursuant to §3301(c) or (d) of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. No response is necessary. 12. Admitted. 13. Denied. The only assets that were acquired by the Parties were personal property of a nominal value. Said property has already been divided between the Parties. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's Request to issue an Order equitably dividing the marital property. COUNT III- CUSTODY 14. No response is necessary. 15. Admitted. 16. Admitted. 17. No response is necessary. 18. Admitted. 19. Admitted. 20. While this averment is not addressed to Defendant, Defendant would note that it is inconsistent with Plaintiff's averments #1 and 15. Defendant believes that these were Plaintiff's residences prior to his current address at 142 S. 30th Street, Apt. 1, Camp Hill, PA. 21. Admitted. 22. Admitted. 23. This averment is not addressed to Defendant. 24. This averment is not addressed to Defendant. 25. Denied and strict proof thereof is demanded at time of trial. By way of further response, Defendant has been the primary caretaker since birth. Defendant believes that it is in the child's best interests that she be awarded primary custody. 26. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's request for primary custody and conduct an evidentiary hearing to determine the best interests of the child and enter an Order accordingly. PERLBERGER LAW ASSOCIATES, P.C. BY: HANNA PERLBERGER, QUIRE f ?7 Attorney for Defen nt DATE : ? I ? ?` / VERIFICATION I, Amanda Uhlig, verify that I Answer to the Complaint for Divorce in the foregoing Pleading are true knowledge, information and belief. false statements herein are made s Pa. C.S. Section 4904, relating authorities. am the Defendant in the within and that the facts contained and correct to the best of my I further understand that zbject to the penalties of 18 to unsworn falsification to Dated: 3 / G /0 7 ` 4?4 /,4 Amanda Uhlig V 1-1 n °`' ?? r ' C? -n C?, -- ..-? ?= _?- ;, " :?? n t ? , _?, c N s -'? L,,•J :''? -{ LL t ?' --C .,, PERLBERGER LAW ASSOCIATES, P.C. BY: NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 TWO BALA PLAZA SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0900 ATTORNEYS FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER A. UHLIG No. 06-7066 Plaintiff IN DIVORCE CIVIL TERM V. AMANDA J. UHLIG Defendant CERTIFICATE OF SERVICE I, Hanna Perlberger, Esquire, do hereby certify that a true and correct copy of Defendant Amanda Uhlig's Answer to the Complaint in Divorce in this matter, was served via first class United Stated Mail, postage prepaid, to the following: Brian K. Marshall, Esq. 720 South Atherton Street State College, PA 16801-4628 PERLBERGER LAW ASSOCIATES, P.C. DATE:3/8/07 BY: ??t -? Hanna ge quire C? c- i -?+a --? ;-? s?t r I? rs-?- ,_, -- ??: !`J _ ? `;l _ ?, {__ L.g3 ?y ?? ? ? wrras200K? CHRISTOPHER A. UHLIG Plaintiff VS. AMANDA J. UHLIG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7066 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ?a ' day of /nay 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Christopher A. Uhlig, and the Mother, Amanda J. Uhlig, shall have shared legal custody of Tyler R. Uhlig, born April 11, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding a Child back in school, authorizing enrollment in college, authorizing a Child's driver's license or purchase of an automobile, authorizing employment, authorizing a Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties shall have physical custody in accordance with the following schedule: A. During alternating weeks, beginning Friday, May 18, 2007, the Mother shall have custody of the Child from Friday at 4:00 p.m. through Monday at 4:00 p.m., and during the interim weeks, beginning May 25, 2007, the Mother shall have custody from Friday at 4:00 p.m. through Tuesday at 4:00 p.m. B. The Father shall have custody of the Child at all times not otherwise provided for the Mother in this provision. ????`? ?h r.,. _, ? .?1 ?d ©? k,?? ?40Z ?;?t.?.. 3. The parties shall share or alternate having custody on holidays as follows: A. Christmas: In even-numbered years, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. and in odd-numbered years, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. B. Thanks giving/Easter: In every year, the Father shall have custody of the Child for Thanksgiving and the Mother shall have custody of the Child for Easter. C. Memorial Dav/Labor Dav: In every year, the Father shall have custody of the Child for the Memorial Day weekend and the Mother shall have custody of the Child for the Labor Day weekend. The Father's period of custody under this provision shall be counted as part of his vacation days each year. D. July 4th : The parties shall have custody of the Child on the July 4th holiday in accordance with the regular custody schedule. E. Child's birthday: The Father shall have custody of the Child on his birthday in odd- numbered years and the Mother shall have custody of the Child on his birthday in even-numbered years from 9:00 a.m. until 8:00 p.m. F. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. G. Parents' birthdays: Each parent shall be entitled to have a twelve hour period of custody with the Child on that parent's birthday, with the specific times for exchange arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation custody schedule. 4. Each parent shall be entitled to have custody of the Child for three weeks each year for vacation, with no more than two weeks to be scheduled consecutively. Each party shall provide a minimum of thirty days advance notice to the other party of vacation dates. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. 5. Unless otherwise agreed between the parties, all custody exchanges shall take place at the Barnes & Noble bookstore in Camp Hill. 6. The Mother shall ensure that the Child does not have contact with Patrick Turner during her periods of custody pending further Order of Court or agreement between the parties. 7. All communications between the parties shall be limited to issues concerning the Child. 8. The parties shall cooperate in making necessary adjustments to the custody schedule to accommodate major family events including, but not limited to, weddings, funerals, and graduations. 9. The non-custodial parent shall be entitled to have reasonable and liberal telephone contact with the Child. 10. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Child can be contacted. For purposes of vacation, even within the Commonwealth of Pennsylvania, the custodial parent shall provide the address and telephone number where the Child can be contacted to the other parent. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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. BY THE COURT, cc: Vfrian K. Marshall, Esquire - ( V11orman Perlberger, Esquire - for Mother CHRISTOPHER A. UHLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 06-7066 CIVIL ACTION LAW AMANDA J. UHLIG Defendant IN CUSTODY 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 Tyler R. Uhlig April 11, 2005 Mother/Father 2. A custody conciliation conference was held on May 17, 2007 with the following individuals in attendance: the Father, Christopher A. Uhlig, with his counsel, Brian K. Marshall, Esquire, and the Mother, Amanda J. Uhlig, whose counsel, Norman Perlberger, Esquire, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator PERLBERGER LAW ASSOCIATES, P.C. BY: HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 TWO BALA PLAZA, SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0100 ATTORNEYS FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER A. UHLIG No. 06-7066 Plaintiff IN DIVORCE CIVIL TERM V. AMANDA J. UHLIG Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w filed on December 11, 2006. An Acceptance of Service was filed oz% December 29, 2006, by Hanna Perlberger, Esquire, counsel for DafgQndant. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the service of the Complaint. 3. I consent to the entry of a final decree of divorce action after service of notice of intention to request entry of the decree. I verify that the statements correct. I understand that subject to the penalties of 18 falsification to authorities. DATE : p i q l 1 made in this affidavit are true and false statements herein are made Pa. C.S. § 4904 relating to unsworn L rw,- - -,x 0 1 1 J- - Aman da J. Defendant hJ ?. ?? -i"{ _ i__ -? sal ?a- !'? i?, `. r ? ._. . i?'4'1 `? -{ . r r? `_A PERLBERGER LAW ASSOCIATES, P.C. BY: HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 TWO BALA PLAZA, SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0100 ATTORNEYS FOR DEFENDANT IN THE COURT OF COMMON PLEAS OF COUNTY CHRISTOPHER A. UHLIG Plaintiff No. 06-7066 IN DIVORCE CIVIL TERM V. AMANDA J. UHLIG Defendant OF INTENTION TO REQUEST ENTRY OF A 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 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATE • 01 1 Amara J. Uhl , Defendant _ i 2 )`77 PERLBERGER LAW ASSOCIATES, P.C. ATTORNEYS FOR DEFENDANT BY: HANNA PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 59463 NORMAN PERLBERGER, ESQUIRE ATTORNEY I.D. NO. 15742 TFfO BALA PLAZA, SUITE 300 BALA CYNWYD, PA 19004 (610) 645-0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHRISTOPHER A. UHLIG No. 06-7066 Plaintiff IN DIVORCE CIVIL TERM V. AMANDA J. UHLIG Defendant DEFENDANT'S WAIVER OF OBJECTION PERIOD I, Amanda J. Uhlig, Defendant, hereby waive the twenty (20) day objection period to filing the Praecipe to Transmit Record in the above-captioned matter. t Amanda J. Uhli Defendant DATE : ? s -i ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, vs. AMANDA J. UHLIG, Plaintiff Defendant No. 2006-7066 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 11, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 C.S. §4904 relating to unsworn falsification to authorities. Date: 23 b7 Christopher . U g, Plaint' ;, .... ??? > ? _ .::.. r? : w ? -r ,... , . ... .. .? y C ?J ? ? r1`3 ? , A ,? _. _. .+ ? ?p?y ? z {/7"?• ., .. `.. ? 4?C t ?? 1. ?_ ? ye ,c- ?a .,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, Plaintiff No. 2006-7066 vs. AMANDA J. UHLIG, Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this 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. Christopher A. h ig Dated: 23 Jru? rt? t `• g-n ` M ? CHRISTOPHER A. UHLIG, Plaintiff V. AMANDA J. UHLIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 06-7066 CIVIL TERM CIVIL ACTION - AT LAW FOR CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, comes Defendant, by and through her attorney, Marlin L. Markley, Esquire, of the Law Offices of Patrick F. Lauer, Jr., LLC, files a Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Plaintiff is Father, who currently resides at 142 South 30th Street, Camp Hill, PA 17011. 2. Defendant is Mother, who currently resides at 807 Highland Court, Mechanicsburg, PA 17050. 3. The parties hereto are the Parents of the following minor child, who currently resides with both parents on an alternating schedule, Tyler R. Uhlig, born April 11, 2005. 4. On May 30, 2006, the Honorable Kevin A. Hess entered an order in this case granting joint legal custody and shared (50150) physical custody. See attached Exhibit "A." 5. Father is unable to attend all his scheduled visitation due to his work schedule, therefore, Mother wishes to amend the order to better accomadate the schedules. 6. Mother wishes to modify paragraph 6 of the custody order to allow her begin incorporating Patrick Turner into the child's life during her periods of custody. WHEREFORE, Defendant respectfully requests that this Court modify the existing Order for Custody in the best interest of the child. Respectfully Date: 0- Z Z` Z b# 7 Marlin L. ey, Esquire Law O ce of Patrick F. Lauer, Jr., LLC 2108 Mark t Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 CHRISTOPHER A. UHLIG, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. : No. 06-7066 CIVIL TERM AMANDA J. UHLIG, CIVIL ACTION - AT LAW Defendant FOR CUSTODY VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: //) In k3 Signature: AMANDA J. CHRISTOPHER A. UHLIG Plaintiff VS. AMANDA J. UHLIG- Defendant MAY S 9 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7066 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 30 day of -? I 1W consideration of the attached Custody Conciliation Report, it ? and directed as follows: 1. The Father, Christopher A. Uhlig, and the Mother, anda J. Uhlig, shall have shared legal custody of Tyler R. Uhlig, born April 11, 2005. Major decisi concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared -legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions. shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional, or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school ?or school program, advancing or holding a Child back in school, authorizing enrollment in college, authorizing a Child's driver's license or purchase of an automobile, authorizing employment, authorizing a Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties shall have physical custody in accordance with the following schedule: A. During alternating weeks, beginning Friday, May 18, 2007, the Mother shall have custody of the Child from Friday at 4:00 p.m. through Monday at 4:00 p.m., and during the interim weeks, beginning May 25, 2007, the Mother shall have custody from Friday at 4:00 p.m. through Tuesday at 4:00 p.m. B. The Father shall have custody of the Child at all times not otherwise provided for the Mother in this provision. 2007, upon 3. The parties shall share or alternate having custody on holidays as follows: A. Christmas: In even-numbered years, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. and in odd-numbered years, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. B. Thanksgiving/Eas er: In every year, the Father shall have custody of the Child for Thanksgiving and the Mother shall have custody of the Child for Easter. C. Memorial Day/Labor Dav: In every year, the Father shall have custody of the Child for the Memorial Day weekend and the Mother shall have custody of the Child for the Labor Day weekend. The Father's period of custody under this provision shall be counted as part of his vacation days each year. D. July 0: The parties shall have custody of the Child on the July 0 holiday in accordance with the regular custody schedule. E. Child's birthday: The Father shall have custody of the Child on his birthday in odd- numbered years and the Mother shall have custody of the Child on his birthday in even-numbered years from 9:00 a.m. until 8:00 p.m. F. Mother's DaylFather's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. G. Parents' birthdays; Each parent shall be entitled to have a twelve hour period of custody with the Child on that parent's birthday, with the specific times for exchange arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation custody schedule. 4. Each parent shall be entitled to have custody of the Child for three weeks each year for vacation, with no more than two weeks to be scheduled consecutively. Each party shall provide a minimum of thirty days advance notice to the other party of vacation dates. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. 5. Unless otherwise agreed between the parties, all custody exchanges shall take place at the Barnes & Noble bookstore in Camp Hill. 6. The Mother shall ensure that the Child does not have contact with Patrick Turner during her periods of custody pending further Order of Court or agreement between the parties. 7. All communications between the parties shall be limited to issues concerning the Child. 8. The parties shall cooperate in making necessary adjustments to the custody schedule to accommodate major family events including, but not limited to, weddings, funerals, and graduations. 9. The non-custodial parent shall be entitled to have reasonable and liberal telephone contact with the Child. 10. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall provide the other parent with advance r notice of the address and telephone number where the Child can be contacted. For purposes of vacation, even within the Commonwealth of Pennsylvania, the custodial parent shall provide the address and telephone number where the Child can be contacted to the other parent. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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. cc: Brian K. Marshall, Esquire - Counsel for Father Norman Perlberger, Esquire - Counsel for Mother S ?CORD t . u hand CHRISTOPHER A. UHLIG, Plaintiff V. AMANDA J. UHLIG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA No. 06-7066 CIVIL TERM CIVIL ACTION - AT LAW FOR CUSTODY CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through first class mail, return receipt requested, prepaid and addressed as follows: Brian K. Marshall, Esquire 720 S. Atherton Street State College, PA 16801-4628 Respectfully submitted, Date: 19-)2-2t107 Marl' kley, Esquire Law Offic of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JCA- ? w _ , U3 - --< CHRISTOPHER A. UHLIG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA J. UHLIG DEFENDANT • 2006-7066 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 30, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, November 27, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. 11 Custody Conciliator fj' 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 I I •G 1.4Cl l A 0,N L 0 0 Z 1 3 -P ( tr D10 -lb(4 PROPERTY SETTLEMENT AGREEMENT between AMANDA J. UHLIG and CHRISTOPHER A. UHLIG PROPERTY SETTLEMENT AGREEMENT AGREEMENT made this day of , 2007 between AMANDA J. UHLIG ("Wife") and CHRISTOPHER A. UHLIG ("Husband"). W I T N E S S E T H: The parties hereto were married on May 17, 2003 in Montgomery County, Maryland. The parties have one minor child: Tyler R. Uhlig (D.O.B. April 11, 2005). Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is their intention to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present and future alimony, support and/or maintenance; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, intending to be legally bound hereby, agree as follows: 1. NO BAR TO DIVORCE; NO MERGER Nothing in this Agreement shall be construed as a relinquishment by either Party of the right to prosecute or defend any suit for divorce in any court of proper jurisdiction. Both parties agree to proceed in divorce under Section 3301(c) of the Divorce Code. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each Party as a final settlement for all purposes whatsoever. While the parties intend to live separate and apart, it is understood and agreed that this Agreement will survive and remain fully binding and of legal effect even if the parties reconcile and resume cohabitation as husband and wife, unless the parties thereafter agree in writing that this Agreement should be revoked and nullified. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 2. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE It is specifically agreed that should the parties divorce in the future, a copy of this Agreement shall be incorporated, by reference, into a divorce judgment or decree at No. 06-7066 in the Court of Common Pleas of Cumberland County, PA. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment. 3. ADVICE OF COUNSEL A. Husband and Wife declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. Wife has been independently represented by Hanna Perlberger, Esquire. Husband has been independently represented by Brian K. Marshall, Esquire. B. Husband and Wife each declare that he and she are executing this Agreement freely and voluntarily and that he and she acknowledge that this Agreement is, in the circumstances, fair and equitable and that execution of it is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The Parties have waived formal discovery; they are familiar with the assets and values of the marital estate. 4. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment that to her or him may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 5. PERSONAL PROPERTY The Parties have already divided their personal property. 6. DEBTS Each Party shall be responsible for debts in his or her own names. 7. COUNSEL FEES AND COSTS Each party shall be responsible for his or her own counsel fees, costs and expenses. 8. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND POST-DIVORCE ALIMONY Both Parties acknowledge that they waive any right to spousal support, APL and post-divorce alimony. 9. EQUITABLE DISTRIBUTION A. It is specifically understood and agreed that the Parties shall keep as his or her sole and separate property any assets titled in his or her sole name. B. Husband and Wife agree that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage, as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 10. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 11. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors or assigns. 12. ENTIRE AGREEMENT Husband and Wife do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other terms, conditions, clauses or provisions of this Agreement. 13. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respect this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15. EFFECTIVE DATE The effective date of this Agreement shall be the date it is executed by the Parties. In the event that it is not executed on the same date, the "effective date" shall be the date of execution by the Party last executing this Agreement. 16. CONTROLLING LAW The parties agree that this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 17. MODIFICATION OR WAIVER TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. MUTUAL COOPERATION Each Party shall take any and all steps to execute and deliver to the other Party any and all further instruments and/or documents that the other Party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 19. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the Parties have set their hands and seals the day and year first above written. This Agreement is executed with four originals. J. UHL] HANNA PERLBERGER, TiT IG CHRISTOPHER A. U >UIRE BRI MARSHALL, ESQUIRE COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF Ck-,?YyIbW On this, the I ate' day of OC-t-vkD" 2007 before me, the undersigned officer, a notary public, personally appeared Amanda J. Uhlig, known to me (satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nicole R. Richie, Notary Public 2- 4 '112 Mechanicsburg Boro, Cumberland County My Commission E)pires May 25, 2011 Notary Public Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA S.S. COUNTY OF On this, the :;?lP day of () C+Gkz,,W , 2007 before me, the undersigned officer, a notary public, personally appeared Christopher A. Uhlig, known to me, or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?/t_.r?(? ? ?? ?. ? ? iii .[ ? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal R. Richie, Notary Public 7Mechanicsb rg Boro, Cumberl and County sion Expires May 25, 2o11 Member, Pennsylvania Association of Notaries ra s. ?, i, CD a5p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, vs. AMANDA J. UHLIG, Plaintiff ) Defendant ) No. 2006-7066 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. Grounds for divorce; irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service signed by Defendant's counsel of record, Hanna Perlberger, Esquire, on December 26, 2006. 3. Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce code: by Plaintiff - August 27, 2007; by Defendant - July 14, 2007. 4. Related Claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: August 29, 2007; Date Defendant's Waiver of Notice was filed with the Prothonotary: July 24, 2007. Dated: ) rlG(?- Brian ars all, Es ire MILLER, KISTLER, CAMPBELL, MILLER, WILLIAMS & BENSON, INC. 720 S. Atherton Street State College, PA 16801 (814) 234-1500 Counsel for Plaintiff ? ?_,. CD r- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTOPHER A. UHLIG, Plaintiff VERSUS AMANDA J. UHLIG, N 0. 2006-7066 Defendant DECREE IN DIVORCE AND NOW, /` 9007 , IT IS ORDERED AND DECREED THAT Christopher A. Uhlig , PLAINTIFF, AND Amanda J. Uhlig 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; None. BY THE OURT: 4 PROTHONOTARY k v 7" 2 /r",, emu, 44) rv DEC 1 t 2W, 0(11-1 CHRIS TOPHER A. UHLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2006-7066 CIVIL ACTION LAW AMANDA J. UHLIG Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of (?QC? 200upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing i scheduled in Courtroom No. ` ' of the Cumberland County Courthouse on the oNq day of , 2008, ate o'clock a in. at which time testimony will be taken on the issue of contact b tween the Child and the Mother's paramour. For the purpose of the hearing, the Mother, Amanda J. Uhlig, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on the issue, a list of witnesses who are expected to testify and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. The prior Order of this Court dated May 30, 2007 shall continue in effect as modified by this Order. 3. In the event a parent is unavailable during his or her period of custody to provide care for the Child, that parent shall first provide the other parent with the opportunity to provide the care for the Child before contacting third party caregivers. The parties shall provide each other with as much notice as possible under this provision. 4. All speech and other therapy sessions for the Child shall take place at the Mother's residence unless otherwise agreed between the parties. During the Father's periods of custody, the Father shall transport the Child to and from the Mother's residence for therapy sessions. VI.N AIASNN3d Z # :8 WV 8 1330 tOOZ AdVI ' 108d 3H1. --0 3OU-0 f 5. Within two (2) weeks of the date of the custody conciliation conference, the Father shall investigate alternative preschool/childcare arrangements for the Child and provide information as to his preferred selections to the Mother. Thereafter, the parties shall cooperate in selecting a mutually agreed upon preschool/daycare for the Child. In the event the parties are unable to make a selection by agreement, counsel for either party may contact the conciliator to schedule an additional conference. BY THE COURT, 0? 4,4L Hess J. cc: in L. Markley, Esquire - Counsel for Mother 0a1 an K. Marshall, Esquire - Counsel for Father OEC 1 2 2007 r/ CHRISTOPHER A. UHLIG Plaintiff vs. AMANDA J. UHLIG Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2006-7066 CIVIL ACTION LAW IN CUSTODY 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 Tyler R. Uhlig April 4, 2005 Father/Mother 2. A custody conciliation conference was held on November 27, 2007, with the following individuals in attendance: the Father, Christopher A. Uhlig, with his counsel, Brian K. Marshall, Esquire, and the Mother, Amanda J. Uhlig, with her counsel, Marlin L. Markley, Esquire. 3. This Court previously entered an Order in this matter on May 30, 2007, under which the parties have shared physical custody of the Child. The Mother filed this Petition to Modify the custodial arrangements due to the Father's new work schedule and also to initiate a gradual withdrawal of the restrictions with regard to the Mother's paramour due to a prior conviction for a sex related offense involving a child. The parties were able to agree on an adjustment to the custodial arrangements with the exception of the issue regarding contact between the Child and the Mother's paramour. Therefore, it will be necessary to schedule a hearing on this one limited issue. 4. The Mother's position on custody is as follows: Due to the ongoing duration of the Mother's relationship with her paramour and their continued commitment, the Mother seeks to introduce him into the Child's life on a gradual basis. The Mother indicated that while she understands the Father's concerns, based on her familiarity with Patrick Turner, his past history, more recent conduct, and efforts to obtain counseling to address the conduct leading to his conviction, the Mother feels that the Child's safety is not at risk. 5. The Father's position is as follows: The Father strongly objects to contact between the Child and the Mother's paramour based on the nature of his offense, the Child's young age and inability to communicate and, the absence of guarantees that the Child's well-being would not be placed at risk. 6. The Father's counsel indicated his intent to file a request with the Court to obtain the court documents related to the criminal conviction at issue, which has been withheld to protect the victim's identity. The Mother's counsel agreed to concur with that request as it was felt that making this information available to the Father would benefit both parties in this situation. It is anticipated that the hearing, which is limited to the issue of contact between the Child and the Mother's paramour, should require one-half day or less. 7. The conciliator recommends an Order in the form as attached reflecting the parties' agreement to modify the custodial arrangements and scheduling a hearing on the limited issue. Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, vs. AMANDA J. UHLIG, Plaintiff ) No. 2006-7066 Defendant ) PETITION FOR SPECIAL RELIEF NOW COMES the Petitioner, Christopher A. Uhlig, by and through his counsel, Brian K. Marshall, Esquire and Miller, Kistler, Campbell, Miller, Williams & Benson, Inc., who files this Petition for Special Relief which, as stated hereinafter, requests the release of certain information relative to one Patrick Aaron Turner, and in support thereof avers as follows: 1. Petitioner, Christopher A. Uhlig, is the Plaintiff in the above-captioned divorce action. 2. Respondent, Amanda J. Uhlig, is the Defendant in the above-captioned divorce action. 3. The parties hereto are the parents of one minor child, namely Tyler R. Uhlig, who was born on April 11, 2005. 4. On May 30, 2007, this Honorable Court entered an Order governing custody of the minor child. The said Order provides that the parents share joint legal custody, and each parent has physical custody of the child approximately 50% of the time. A true and correct copy of the said Order is attached hereto, incorporated herein by reference and marked Exhibit "A." 1 5. The said Order of May 30, 2007 further provides, in paragraph 6, that the minor child shall not have contact with Patrick Turner during Mother's periods of custody pending further Order of Court or agreement between the parties. 6. On or about October 24, 2007, Mother filed a Petition to modify the said Custody Order. 7. The said Petition for Modification requests a change in the custody schedule because of Father's work schedule, and further requests modification of paragraph 6 of the Custody Order to allow Mother to allow incorporating Patrick Turner into the child's life during her periods of custody. 8. Pursuant to an Order of Court, the parties participated in a conciliation conference with Dawn S. Sunday, Esquire, custody conciliator, on Tuesday, November 27, 2007, which custody conciliation conference resolved all pending issues except those relating to Patrick Aaron Turner. 9. It is believed that the custody conciliator will be assisting the Court with coordinating the scheduling of a hearing on the remaining issue. 10. Mother's paramour, Patrick Aaron Turner, is classified as a sex offender under the law of the Commonwealth of Pennsylvania, with the said Patrick Aaron Turner having pleaded guilty to offenses of Indecent Assault on a Person Less than 13 Years of Age and Corruption of Minors on July 26, 2005, which guilty pleas related to an incident which is believed to have occurred on or about June 10, 2004. 11. Petitioner sought to obtain a copy of the Affidavit of Probable Cause and Criminal Complaint in the above-captioned action, but was unable to obtain the same as the docket is sealed because the victim of the offense is a minor. 2 12. In order to properly prepare for the upcoming hearing, it is necessary Petitioner to obtain a copy of the Affidavit of Probable Cause, the Criminal Complaint, and any and all pertinent documents indicating whether or not Patrick Aaron Turner is classified as a sexually violent predator. 13. Respondent's counsel, Marlin L. Markley, Esquire, concurs with the Petitioner obtaining the information requested herein. WHEREFORE, Petitioner, Christopher A. Uhlig, respectfully requests the Honorable Court enter an Order ordering the Prothonotary of the Court of Common Pleas of Cumberland County to release to the undersigned counsel for Petitioner, a true and correct copy of the Affidavit of Probable Cause and Criminal Complaint filed against Patrick Aaron Turner, with the same being docketed at CP-21-CR-528-2005 in the Court of Common Pleas of Cumberland County after redacting all information which the Court deems to be appropriate, and to further order the Prothonotary of Cumberland County, the Adult Probation Office, or other appropriate office, to provide to the undersigned counsel for Petitioner, a true and correct copy of all documents relating to the classification of the said Patrick Aaron Turner, as the same may related to his status as a sexually violent predator. Respectfully submitte B iai . Marshall, Esquire MILLER, KISTLER, CAMPBELL, MILLER, WILLIAMS & BENSON, INC. 720 S. Atherton Street State College, PA 16801 (814) 234-1500 Dated: ) al-/j 7/U ?- Counsel for Plaintiff 3 Vjjj3JsT A MAY 1 9 2007 ?rj CHRISTOPHER A. UHLIG Plaintiff VS. AMANDA J. UHLIG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-7066 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 30day of _ , 2007, upon consideration of the attached Custody Conciliation Report, i is ordered and directed as follows: 1. The Father, Christopher A. Uhlig, and the Mothe. Amanda J. Uhlig, shall have shared legal custody of Tyler R. Uhlig, born April 11, 2005. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. Mutual agreement should be made, in advance, regarding the following matters: enrollment or termination in a particular school or school program, advancing or holding a Child back in school, authorizing enrollment in college, authorizing a Child's driver's license or purchase of an automobile, authorizing employment, authorizing a Child's marriage or enlistment in the armed forces, approving a petition for emancipation, authorizing foreign travel, passport application or exchange student status. 2. The parties shall have physical custody in accordance with the following schedule: A. During alternating weeks, beginning Friday, May 18, 2007, the Mother shall have custody of the Child from Friday at 4:00 p.m. through Monday at 4:00 p.m., and during the interim weeks, beginning May 25, 2007, the Mother shall have custody from Friday at 4:00 p.m. through Tuesday at 4:00 p.m. B. The Father shall have custody of the Child at all times not otherwise provided for the Mother in this provision. 3. The parties shall share or alternate having custody on holidays as follows: A. Christmas: In even-numbered years, the Mother shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. and in odd-numbered years, the Father shall have custody of the Child from Christmas Eve at 9:00 a.m. through December 26 at 9:00 a.m. B. Thanksgiving/Easter: In every year, the Father shall have custody of the Child for Thanksgiving and the Mother shall have custody of the Child for Easter. C. Memorial Day/Labor Day: In every year, the Father shall have custody of the Child for the Memorial Day weekend and the Mother shall have custody of the Child for the Labor Day weekend. The Father's period of custody under this provision shall be counted as part of his vacation days each year. D. July 4Ih : The parties shall have custody of the Child on the July 4th holiday in accordance with the regular custody schedule. E. Child's birthday: The Father shall have custody of the Child on his birthday in odd- numbered years and the Mother shall have custody of the Child on his birthday in even-numbered years from 9:00 a.m. until 8:00 p.m. F. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Child for Mother's Day and the Father shall have custody of the Child for Father's Day from Saturday at 6:00 p.m. through Sunday at 6:00 p.m. G. Parents' birthdays: Each parent shall be entitled to have a twelve hour period of custody with the Child on that parent's birthday, with the specific times for exchange arranged by agreement. H. The holiday custody schedule shall supersede and take precedence over the regular custody schedule and the vacation custody schedule. 4. Each parent shall be entitled to have custody of the Child for three weeks each year for vacation, with no more than two weeks to be scheduled consecutively. Each party shall provide a minimum of thirty days advance notice to the other party of vacation dates. The parent providing notice first shall be entitled to preference on his or her selection of vacation days. 5. Unless otherwise agreed between the parties, all custody exchanges shall take place at the Barnes & Noble bookstore in Camp Hill. 6. The Mother shall ensure that the Child does not have contact with Patrick Turner during her periods of custody pending further Order of Court or agreement between the parties. 7. All communications between the parties shall be limited to issues concerning the Child. 8. The parties shall cooperate in making necessary adjustments to the custody schedule to accommodate major family events including, but not limited to, weddings, funerals, and graduations. 9. The non-custodial parent shall be entitled to have reasonable and liberal telephone contact with the Child. 10. In the event either party intends to remove the Child from the Commonwealth of Pennsylvania for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Child can be contacted. For purposes of vacation, even within the Commonwealth of Pennsylvania, the custodial parent shall provide the address and telephone number where the Child can be contacted to the other parent. 11. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 12. 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. BY THE COURT, 3 < J. cc: Brian K. Marshall, Esquire - Counsel for Father Norman Perlberger, Esquire - Counsel for Mother CHRISTOPHER A. UHLIG IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-7066 CIVIL ACTION LAW AMANDA J. UHLIG Defendant IN CUSTODY 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 Tyler R. Uhlig April 11, 2005 Mother/Father 2. A custody conciliation conference was held on May 17, 2007 with the following individuals in attendance: the Father, Christopher A. Uhlig, with his counsel, Brian K. Marshall, Esquire, and the Mother, Amanda J. Uhlig, whose counsel, Norman Perlberger, Esquire, participated in the conference by telephone. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire 6 Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, VS. AMANDA J. UHLIG, Plaintiff ) No. 2006-7066 Defendant ) VERIFICATION I, Brian K. Marshall, Esquire, verify that the statements contained in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ria " . Marshal ,Esquire Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, Plaintiff ) Defendant ) No. 2006-7066 vs. AMANDA J. UHLIG, CERTIFICATE OF SERVICE I, Brian K. Marshall, Esquire, of the law firm of MILLER, KISTLER, CAMPBELL, MILLER, WILLIAMS & BENSON, INC., hereby certify that the foregoing Petition for Special Relief was served this day of , 2007 by mailing same first class United States mail, postage prepaid, addressed to: Marlin Markley, Esquire The Law Offices of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, PA 17011 MILLER, KISTLER, CAMPBELL, MILLER, WILLIAMS & BENSON, INC. / d 7 Bria . Marshall, Esquire 1 ?:? ° --.a ?' { ? ? 1 <'] ?.., _ "'t3 ` ? ? °,,,s? ?-. .. -0.-1 4J `C7 DEC 8 62D07p? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE ACTION - LAW CHRISTOPHER A. UHLIG, Plaintiff ) } No. 2006-7066 vs. ) AMANDA J. UHLIG, ) Defendant } ORDER NOW THIS 81,at- day of 2007, upon the Petition of Christopher A. Uhlig, with the Court noting the concurrence of counsel for Amanda J. Uhlig in the request of Christopher A. Uhlig, it is hereby the Order of this Clerk y 6u,, 4r' Court that the Rfetheme#e-Fy of Cumberland County shall release a copy of the Affidavit of Probable Cause and Criminal Complaint filed against one Patrick Aaron Turner at CP-21-CR-528-2005 in the Court of Common Pleas of Cumberland County. Clyrk Prior to the release of the same, the +4ethonotal7l is directed to redact all information relating to the identity of the victim of the offense. It is further the Order of this Court that Adult Probation, shall release to Petitioner's counsel, true and correct copies of all documents related to the classification/status of Patrick Aaron Turner as a sexually violent predator. All of the aforesaid documents shall be forwarded to Petitioner's counsel, Brian K. Marshall, Esquire, at 720 S. Atherton Street, State College, PA 16801. BY TH COURT: J. uG.? ACIO - AthY , , CHRISTOPHER A. UHLIG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW AMANDA J. UHLIG, NO. 06-7066 CIVIL Defendant ORDER AND NOW, this "O ~ day of March, 2008, the undersigned noting that he has heard no testimony from Mr. Patrick Turner or from his parole officer, nor was there any psychological or psychiatric testimony on the question of whether Mr. Turner is likely to re-offend, insufficient evidence exists to warrant a change in the existing custody order and the Petition of the Defendant to Modify Order is DENIED. This order is entered without prejudice to the Defendant to file a motion for rehearing, however, said motion may not be filed less than six (6) months from the date of this order. BY THE COURT, Kevin . Hess, J. Brian K. Marshall, Esquire For the Plaintiff ?//Marlin Markley, Esquire For the Defendant :rlm CO :9 k v Z 1 8vw goon Amtolv'U'i-liC; d 3, U J0