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HomeMy WebLinkAbout08-0915CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O?- 91? 'Crcrd T - CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. OP- F/5 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND CUSTODY AND NOW comes the above-named Plaintiff, CRAIG KULAWIECZ, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce and Custody: 1. The Plaintiff is CRAIG KULAWIECZ, an adult individual who currently resides at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is DEBRA KULAWIECZ, an adult individual who currently resides at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 1999, in Newville, Cumberland County, Pennsylvania. 5. The parties separated on or about the time of filing of this divorce complaint, when Plaintiff informed Defendant of his intent and desire to be divorced. 6. Neither Plaintiff nor Defendant has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. ?Tiaavwl 2 of 5 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 3 of 5 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER $$ 3104(a)(2) AND 3323(b) OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 19. The parties are the parents of the following unemancipated children (hereinafter the "children"), whom presently live with both parties.: NAME AGE SEX D.O.B. Madison X. Kulawiecz 7 years old Female 6/13/2000 Zatalya A. Kulawiecz 5 years old Female 10/19/2002 Chelsea R. Kulawiecz 3 years old Female 7/14/2004 20. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Craig Kulawiecz 466 Shed Road 11/2007 -=2resent Debra Kulawiecz Newville, PA 17241 utd??y?. Craig Kulawiecz 25 Whiskey Run Road Birth - 11/2007 Debra Kulawiecz Newville, PA 17241 4of5 21. Plaintiff is requesting that an order be entered granting Plaintiff shared physical custody of the children and shared legal custody of the children. 22. 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. 23. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 24. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 19. The best interests and permanent welfare of the children will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an Order awarding Plaintiff shared legal custody and shared physical custody of the child. Respectfully Submitted, KOPEA ASSOCIATES Date: PW46-m', Esq. 5 of 5 VERIFICATION I, Craig Kulawiecz, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: Craig ulawiecz ` .:J.ri _ ? Ir S O 0 tw per KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. O - 913' Cc,_ t l -7Z, CIVIL ACTION - LAW IN CUSTODY CUSTODY COMPLAINT AND NOW comes the above-named Plaintiff, CRAIG KULAWIECZ, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Custody: 1. The Plaintiff is CRAIG KULAWIECZ, an adult individual who currently resides at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Plaintiff" or "Father"). 2. The Defendant is DEBRA X. KULAWIECZ, an adult individual who currently resides at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Defendant" or "Mother") 3. Plaintiff seeks shared physical and shared legal custody of the following unemancipated children: Madison X. Kulawiecz, born June 13, 2000; Zatalya A. Kulawiecz, born October 19, 2002; and Chelsea R. Kulawiecz, born July 14, 2004. The 1 children currently reside with both parties at 466 Shed Road, Newville, PA 17241. It is anticipated that the parties will soon be separating their physical residences. 4. Madison X. Kulawiecz, Zatalya A. Kulawiecz and Chelsea R. Kulawiecz (hereinafter the "children") were born in wedlock. 5. The children are presently residing with both Plaintiff and Defendant at their marital residence. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Craig Kulawiecz Debra Kulawiecz 466 Shed Road Newville, PA 17241 11/2007 - Present Craig Kulawiecz 25 Whiskey Run Road Birth -11/2007 Debra Kulawiecz Newville, PA 17241 7. The mother of the children is Debra X. Kulawiecz, residing at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241. She is married but separated. 8. The father of the children is Craig Kulawiecz, residing at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241. He is married but separated. 9. The relationship of Plaintiff to the children is that of Father. Father currently lives with Defendant and the children, although the parties intend to physically separate. 10. The relationship of Defendant to the children is that of Mother. Mother currently resides with Plaintiff and the children, although the parties intend to physically separate. 2 11. Plaintiff has not participated as a party in previous litigation concerning the custody of the children. 12. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 13. Plaintiff is requesting shared legal and shared physical custody of the children. 14. The best interest and permanent welfare of the child will be served by the granting relief requested because: (a) Plaintiff has played an instrumental role in the raising of the children since their respective births. As such, the children will benefit from continued constant contact with Plaintiff; (b) Plaintiff is able to provide a stable home and emotional environment for the children; and (c) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. 3 - WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: Award Plaintiff shared physical and shared legal custody of the children. Respectfully Submitted, KOPE Dated:. O_ By: 4 • VERIFICATION I, Craig Kulawiecz, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Dated: I-A-? Craig ulawiecz 1-1 7 Ca ? p CZ) Y Y ! ro s CRAIG KULAWIECZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-915 CIVIL ACTION LAW DEBRA X KULAWIECZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 15, 2008, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 14, 2008 T 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: Ist Hubert X. Gilroy, 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 ri KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-915 CIVIL ACTION - LAW IN DIVORCE & CUSTODY AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Craig Kulawiecz, Plaintiff, and states that service of the Divorce Complaint and Custody Complaint in this matter was made by Kope and Associates upon Defendant, Debra Kulawiecz, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 2025, Return Receipt Requested on January 24, 2008, to her mailing address, at 466 Shed Road, Newville, PA 17241, which mail was received by Defendant on February 26, 2008, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover IetW?mailed to Defendant. =SL/Ely J. BEAM, Esq. ttorbia(y for Plaintiff SENDER: COMPLETE THIS SECTION ¦ Cdinplete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. d A. Signature ? Agent X A Print your name and address on the reverse ? Addressee so that we can return the card to you. . ¦ Attach this card to the back of the rr ailpiece, B. R?ry? by (Printed Name) Gtw? C. Date I or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 16 13 Yes If YES, enter delivery address below: ? No D e- aA KUL A wav ca Z } y?G SGT ed l?'[ ©u d i A/e-'-t' u c Ile 3. Service Type a " ? Certified Mail ? Express Mail r - t f ! ? Registered ? Return Receipt for Merchandise ? insured mail ? C.O.D. 1 4. Restricted Delivery? (Extra Fee) 2. Article Number 7004 2 510 0007 6450 2025 ? (Tiansli?r from same label) 1 PS Form 3811, February 2004 Domestic Return Receipt 1025N5 W-M-1540 U.S. Postal Se rvice Lr7 CERTIFIED MAIL RECEIPT rv 0 e.Vcmestic Mad Otdy :,Vc Insurance . ru Ln OFFI CIAL US `° Peetape Is C3 C3 comes Fee ?•41 1=1 C3 q Poa.neiic C3 C3 (EndoreereeMyAe4uked) ?. `? Ln ru Toml P-t•ps & Fees $ C3 0 &-N 0?bh? Kkl4wze?z r` ?3iw%ipi7ifa ............. orPOamNo. A/ G (< ...... .............. ......_....------------ ----------- S e l 1 1Vl'•-vv t [ 1e ~-n fl l ? a 4 ,r K Q P E ASSOCIATES LAW OFFICES LI.C: Shane R Kope, Esq. ¦ Jacob A Jividen, Esq. ¦ Lesley J. Bean February 21, 2008 VIA REGULAR AND CERTIFIED MAIL Debra Kulawiecz 466 Shed Road Newville, PA 17241 Re: Kulawiecz v. Kulawiecz No. 2008-915 (in divorce and custody) Dear Mr. Davis, I represent Craig Kulawiecz in the above referenced matter for divorce and custody. Enclosed and served upon you are the Divorce Complaint, Custody Complaint and Order scheduling the Pre- Hearing Custody Conference filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for each Complaint. Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve these Complaints by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Kulawiecz. Thank-you for your kind attention to this matter. Sincerely, Kope Associates, LLC ley . Beam, ESq. nclosures Cc: Craig Kulawiecz Smart Repn 466o Trindle Road ¦ Suite 201 ¦ Camp W P 717.761.7573 ¦ F 717.761.7572 ¦ kc I .- J KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff CRAIG KULAWIECZ, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 08-915 DEBRA KULAWIECZ, CIVIL ACTION -LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE 1, Debra Kulawiecz, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Debra Kul iecz ' Date:-"'- ` ?!?.ta 2 $ low IJI All, 7 APR $ $ Mpy-. CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DEBRA X. KULAWIECZ, NO. 2008-915 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The mother, Debra X. Kulawiecz, and the father, Craig Kulawiecz, shall enjoy shared legal custody of Madison X. Kulawiecz, born June 13, 2000, Zatalya A. Kulawiecz, born October 19, 2002, and Chelsea R. Kulawiecz, born July 14, 2004.. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of physical custody with the minor children as follows: A. On alternating weekends from Friday at 3:30 p.m. until Sunday at 7:30 p.m. B. During the school year, on week one from 3:30 p.m. until 7:30 p.m. on Wednesday and Thursday and on week two from 3:30 p.m. until 7:30 p.m. on Monday and Tuesday. C. During the summer months, father's Wednesday to Thursday time shall be overnight in week one and his Monday to Tuesday time shall be overnight in week two . However, when father is working night shift in the summer, his week one time shall be from 3:00 p.m. on Wednesday until Friday at 1:00 p.m. and his week two time shall be from 3:00 p.m. on Monday until Wednesday at 1:00 p.m. D. Father shall also have additional time as agreed upon by the parties. 4. Neither shall parent shall smoke or allow the children to be exposed to smoke when they have the children in their custody. 5. In the event father is not attending church service on Sunday with the children, father shall make arrangements to allow mother, if she desires, to facilitate the children to go to church. The understanding with respect to this provision is that at least temporarily father may have some transportation obligations in connection with getting the children to church. 6. Holidays shall be handled as follows: • r. A. For the Thanksgiving holiday, it is understood that mother will have custody of the children on the Friday after Thanksgiving which is the traditional time that her family celebrates Thanksgiving. Assuming father is available on Thanksgiving Day, father shall always have custody on Thanksgiving Day. B. For the Christmas holiday and unless agreed otherwise by the parties, father shall always have the children on Christmas eve for the entire day but shall return the children to mother that evening. The mother shall have the children from the evening on Christmas eve through Christmas Day. C. Other major holidays shall be worked out between the parties with the understanding that the parties will share or alternate holidays as best they can subject to the father's work schedule. 7. The mother shall always have custody of the children on Mother's Day and the father shall always have custody of the children on the Father's Day assuming it fits into the father's work schedule. This provision shall supercede any other provision. 8. Both parents shall have the opportunity for two non-consecutive one week vacation periods with the children. In the event a party wants to exercise this right, they must notify the other parent at least thirty days in advance and it is understood the parent who exercises this option first shall have priority. 9. The parties may modify or alter the custody schedule as they agree. In the event the parties cannot agree on any alteration, the parties must follow the custody schedule as set forth above. In the event the parties desire to modify the custody schedule as set forth above and are unable to reach and agreement, either party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 10. For the time being, father shall handle transportation for exchange of custody. However, father reserves the right to request that transportation be shared with the understanding that it would be done at a halfway point. J. cc: /'?'_sley J. Beam, Esquire ? Knstin R. Reinhold, Esquire Pi" me'l% LL ? f a4?o? ?' ?? Z?? ?'? ?115??, ?? ? ??? J? ?_S? i :J `., ? . . , ? AN CRAIG KULAWIECZ, Plaintiff v DEBRA X. KULAWIECZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-915 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madison X. Kulawiecz, born June 13, 2000, Zatalya A. Kulawiecz, born October 19, 2002, and Chelsea R. Kulawiecz, born July 14, 2004. 2. A Conciliation Conference was held on April 17, 2008, with the following individuals in attendance: The mother, Debra X. Kulawiecz, with her counsel, Kristin R. Reinhold, Esquire, and the father, Craig Kulawiecz, with his counsel, Lesley J. Beam, Esquire. 3. The parties agree to the entry of an Order in the form as attached. l Date: L4 0 CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-915 CIVIL TERM DEBRA KULAWIECZ, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY 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 in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CRAIG KULAWIECZ, Plaintiff V. DEBRA KULAWIECZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-915 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AND CUSTODY ANSWER AND COUNTERCLAIM AND NOW comes the Defendant, Debra Kulawiecz, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully presents her Answer to Plaintiff s Complaint in Divorce and Custody and Counterclaim as follows: 1. Denied. It is denied that Plaintiff resides at 466 Shed Road, Newville, Cumberland County, Pennsylvania. Plaintiff currently resides at 2219 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. No pleading is required. 10. Denied. It is denied that the marriage of the parties is irretrievably broken. Defendant believes with the assistance of marriage counseling, the marriage could be saved. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. No pleading is required. 12. Denied. It is denied that the marriage of the parties is irretrievably broken. Defendant believes with the assistance of marriage counseling, the marriage could be saved. 13. No pleading is required. In the event a pleading is required, it is hereby denied. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. No pleading is required. 15. Admitted. 16. Admitted. 17. No pleading is required. COUNT IV REQUEST FOR CONFIRMATION OF CUSTODY UNDER § 3104(a)(2) AND § 3323(b) OF THE DIVORCE CODE 18. No. pleading is required. 19. Admitted. 20. Admitted. 21. No pleading is required. If a pleading is required, it is hereby denied. By way of further answer, Plaintiff has initiated a custody action which has been resolved by entry of a Court Order dated April 28, 2008. 22. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of this averment, and therefore it is hereby denied. 23. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of this averment, and therefore it is hereby denied. 24. Denied. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth of this averment, and therefore it is hereby denied. 25. Denied. It is adamantly denied that the best interests and permanent welfare of the children will be served by Plaintiff having shared physical custody of the children. COUNTERCLAIM COUNTI DIVORCE UNDER SECTION 3301(a)(6) INDIGNITIES 26. Paragraphs one through twenty-five are incorporated by reference herein. 27. Plaintiff has offered such indignities to the Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, the Defendant respectfully requests this Honorable Court enter a Decree in Divorce on the grounds of Indignities, in the event marriage counseling does not salvage the parties' marriage. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 28. Paragraphs one through twenty-seven are incorporated herein by reference. 29. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 30. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 31. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 32. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. COUNT III ALIMONY 33. Paragraphs one through thirty-two are incorporated herein by reference. 34. Defendant lacks sufficient property to provide for her reasonable needs. 35. Defendant is unable to sufficiently support herself through appropriate employment. 36. Plaintiff has sufficient income and assets to provide continuing and indefinite support for the Defendant. WHEREFORE, Defendant requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. Date: *D`? Respectfully Submitted, THE LAW OFFICES OF SILLIKER & "HOLI 5922 Unglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Debra Kulawiecz AFFIDAVIT I, A- ? `L??OIIA?I?Z; hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. r Dated: 5) S /zm?; `F v ro Q e T CRAIG KULAWIECZ, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-915 CIVIL TERM PACSES No. DEBRA KULAWIECZ, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY REQUEST FOR CONSOLIDATION OF APL CLAIM AND NOW comes the Defendant, Debra Kulawiecz, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests that her Alimony Pendente Lite claim be consolidated with her current Child and Spousal Support Petition, and in support thereof, avers the following: 1. Plaintiff is Craig Kulawiecz, an adult individual residing at 2219 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Debra Kulawiecz, an adult individual residing at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241. 3. The parties hereto were married on May 22, 1999, and separated on or about February 1, 2008. 4. The Defendant filed a Petition for Child and Spousal Support on or about April 9, 2008. A Domestic Relations Hearing is currently scheduled for May 13, 2008, at 10:00 a.m. 5. Defendant filed an Answer and Counterclaim which included a count for Alimony Pendente Lite contemporaneously with the filing of this Request for Consolidation of APL Claim. A copy of Defendant's Answer and Counterclaim as well as a DRS Attachment for APL Proceedings is attached hereto and incorporated herein. 6. Defendant requests that her claim for Alimony Pendente Lite be consolidated with the current Child and Spousal Support Hearing scheduled on May 13, 2008. WHEREFORE, Defendant respectfully requests this Honorable Court consolidate her claim for Alimony Pendente Lite with the current Child and Spousal Support Hearing scheduled on May 13, 2008. Date: L Respectfully submitted, THE LAW OFFICES OF SILLIKER & IINHUL] 59221?inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Debra Kulawiecz 02-/28!2008 16:21 FAX DEC-V-07 09:50 FROM-Cunbarland County Domestic Rolaticnc 19002/004 +17172406248 T-994 P.002/004 F-301 IN THE COURT OF COMMON PLEAS OF CUIVMERLAND COUNTY, PENNSYLVANIA noMUTiC RMATWM 3ECP70N 13 N. IU.NOVER ST- P.O.9M = CAltLM2 PA 17013 Phony. (717) 240-6225 Fox: (717) 240-6248 rai cl K1j1sdw] ecz : Plaintiff" NO, 08-915 CIVIL TERM V. CFVII. ACTION - LAW IN DIVORCE Debra Kulawiecz , Defendant DRS ATTACELMY.NT FOR APL PROCEEDINGS pLTITIONERIS INFORMA'T'ION: Name: Debra Kulawiecz Address: 466 Shed Road City: Newv i l l e Stele: PA Zip Code: 17 241 SSN: 210-60-6683 DOB: 5/11/74 Telephone: 776-5229 Physical Description: Ht. 517 " Wr- 130 Eyes Brown Hair Br ownRa=C auc a s i a n EmnilAddress: Kulawie@cs.com Employer: None Employer's Address: Phone: Job Tide/Position: Cross Pay: Net Pay: Pe"ancesAttamey: Kristin R. Reinhold, Esquire Pedtioncr's Attamey's eAAddress: 5922 L i nq l e s t own Road Harrisbura, PA 17112 Phone: 671-1500 1trladical Iusta i=z Carrie:: E l u e Cross Matical Insurance CarrWAddress: P.O. Box 1010 Horsham, PA 19044 Phone: Policy Number: YXA 013 7 8 4 9 6 Croup Number: 0 9 7 CC366 uz:za zuua ia:zi r.?a ,vjvv''"v"' ?C-28-OT OA:3Q FROM-Cuabarland County Oaaas:(c RGIatlaa 41 t1 T2408248 7-684 P 003/004 F-301 RESPONDENT'S INFORMATION: Name: AddTm, 21g R; t n p r Fi .ghwa It City:, hippenshurg State: PA ZipCodc: 17257 _ SSN: 183-52-8703 --,DOB: 1/ 11 Z 7 4 Telephone: 44s-i476- Physical Description: Ht. 5 ' fit. 165 Eyes Blue ITai rq RaceC a uc a s i a n Email Address: Employer. George Westin Bakeries s/Carlisle Foods EmploycesAddtess: 55 Paradise Lane, Bashore NY 11706 Phone: 218-9880 Job TitlelpositimMa i n t e n a n c e Cross Pay: Net Pay: R&Spondent'e AUOMgy; Lesley Beam, Esquire pj +spWmey)sAddMg: 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 per; 761-7 lvledicai Iasurancc Caaier: Same as Petitioner Medical Ins,a -ime Carrier Addms: Pbone: Policy Number: Group N=ber. N(ARRIAGE INFORMATION: Dam I MTied; 5/2-2/99 Date of Separation. 2/1108 PlaaeofMarriage: NewvittQ, CumbPr1and County, PA AddremoflastMarital Domicile: 466 Shed Road, Newville` PA 17241 Description of Docmectt Raising APL Claim: Answer and Counterclaim Date APL Documew Filed" : 5 / 9 / 0 8 "*Pima note, A copy of the filed document MUST be enclosed with this form.#* This lnfarmstion 3s for DRS use In order to build a ease in the PA,G'SE5 System. 0 C= ?-4 C'n 'yr, i ? 0 N ? d CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-915 CIVIL TERM DEBRA KULAWIECZ, IN DIVORCE Defendant/Petitioner PACSES Case No: 578110014 ORDER OF COURT AND NOW to wit, this 13th day of May 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite be dismissed, without prejudice, pursuant to the entry of a spousal support order under docket 317 S 2008 and PACSES #736109941 . This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Kristin R. Reinhold, Esq. Lesley J. Beam, Esq. Form OE-001 Service Type: M Worker: 21005 ?, ...? -? _: `, 7 .-°'? ?? _T- ?? ?;A _+ Y ±? F.""... = s r ?w ? j ,?,.: ? r ._ . 9 ' -?. ts? .+?. , CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-915 CIVIL TERM DEBRA KULAWIECZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigne:l, Renee- Dreisba.ch, hereby certifies that a copy of an Answer and Counterclaim was mailed to Craig Kulawiecz, Defendant, on May 10, 2008, by Certified Mail, addressed as follows: Craig Kulawiecz 2219 Ritner Highway Shippensburg, PA 17257 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: O-_ ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. i /101 Renee Dreisbach 1. Article Addressed to: ClQlawrl°?CpZ a ( pr?r T 1 sk 44 7??4 A. X ? Agent 'El Addressee B. eceived My (Printed Name) C. D to of Delivery D. Is delive ddress different from item 1? ? Yes If YES, enter delivery address below: 9 No 3. Service Type )PIC-tified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Maii ? C.O.D. Delivery? (Extra Fee) 2. Article Number 7007 2680 0000 6463 4193 (transfer from service la6en PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kooelaw.com Attorney for Petitioner CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2008-915 DEBRA X. KULAWIECZ, : CIVIL ACTION - LAW IN CUSTODY - Defendant. : PETITION FOR SPECIAL RELIEF PETITION FOR SPECIAL RELIEF AND NOW COMES the Petitioner, Craig R. Kulawiecz, by and through his attorney, Lesley J. Beam, Esquire, and files this, his Petition for Special Relief, of which the following is a statement: 1. The Petitioner is Craig R. Kulawiecz, residing at 53A Heisers Lane, Carlisle, Cumberland County, Pennsylvania 17015 (hereinafter "Petitioner" or "Father") 2. The Respondent is Debra X. Kulawiecz, residing at 466 Shed Road, Newville, Cumberland County, Pennsylvania 17241 (hereinafter "Respondent" or "Mother"). 3. The parties together have three minor children: Madison X. Kulawiecz, born June 13, 2000; Zatalya A. Kulawiecz, born October 19, 2002; and Chelsea R. Kulawiecz, born July 14, 2004 (hereinafter the "children). Petitioner is the natural father of the children; Respondent is the natural mother of the children. 4. The children were bom in wedlock. 5. A stipulated Custody Order was issued on April 28, 2008, after conciliation held before Conciliator Attorney Hubert X. Gilroy, on April 17, 2008. This Order provided Mother with primary custody and Father with partial physical custody of the children. A true and correct copy of the Court Order is attached hereto as Exhibit A. 6. Per the aforementioned Order, Petitioner and Respondent share legal custody of the child. Pursuant to 23 Pa.C.S § 5302, legal custody is defined as "[t]he legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions." 23 Pa..C.S. § 5302 (2008). 7. Due to Mother's wishes, the parties' eldest children Madison X. Kulawiecz and Zatalya A. Kulawiecz are currently being home-schooled by Mother, through a Cyber Charter School. Specifically, the children stay at home during the day and do coursework through the computer, allegedly under Mother's supervision and schedule. This decision was made prior to the parties' separation, but against Father's wishes. 8. This fall, the eldest child will be beginning 3rd grade, and the middle child will be beginning 1 st grade. 9. Father has maintained concerns that home-schooling is not in the best interests of the children, both in consideration of the quality of their education and the lack of socialization given through home-schooling. 10. In the past year, Father has requested report cards and other school progress information from Mother, which information was not provided until Wednesday, July 16, 2008. 11. The eldest children were due to complete their school year in June of 2008; Mother indicated to Father that the children were behind in their schooling and would need substantial time to complete the courses. For example, Mother indicated that the eldest child had a course from her prior grade that she would not complete until January of 2009. 12. As indicated, Father just received a copy of the children's report cards and progress reports on July 16, 2008. White the children did pass their grades, one of the comments provided was that the eldest child's attendance needed to improve, and additional work during the summer was recommended. The children's grades were mediocre. A true and correct copy of the children's respective report cards is attached as Exhibit B. 13. Father was not informed that Madison, the parties' eldest child, had recommended work in the summer, and has not observed that this work has been performed, or requested by Mother. 14. Father has attempted to discuss the matter of sending the children to public school with Mother on three separate occasions. Mother has stated that this is not a possibility, and continuously refuses to engage in discussion on the matter. Notice was provided to Mother's attorney on June 24, 2008 that Father maintained valid concerns regarding the children being home-schooled, and that Father sought agreement from Mother to send the children to public school. 15. Respondent resides in the Big Spring School District. If the children were to attend school, they would attend Newville Elementary School in Newville, Pennsylvania. It should be noted that the parties' eldest child attended kindergarten at this school, and performed well during this period. There were no factors during this period that would justify her removal from the school. 16. Mother has consistently maintained that conditions at home have prevented the children from keeping up with their schoolwork; however, if the children were being educated outside of the home, said conditions would not have an impact on the children's progress. 17. Father believes that Mother routinely does not mandate that the children do schoolwork every day, or sufficiently per day. The attached performance logs, which were printed last week, demonstrate days at a time in May when the children had not done any schoolwork. See Exhibit "C". 18. Upon being apprised of Father's intent to litigate the issue, Father has since seen the attached performance logs altered in the computer, with entries of time spent in these subjects. It is believed that Mother has misrepresented to the school the time spent by the children doing schoolwork. 19. As Father and Mother cannot come to an agreement on this issue, i.e., whether or not the children should be home-schooled or publicly-schooled, legal custody is not effectively being shared. Of most importance, however, the children's best interests are not being met. 20. Father does not seek a modification in the custody order at this time, specifically Father does not request sole legal custody, or additional physical custody. Father does, however, seek a court order mandating that the children should attended public school this fall, and thereafter. Father specifically seeks this Order prior to such time as the youngest child begins school, so that she will not face similar limitations to her education. 21. Rather than considering the best interest of the children, it is averred that Mother is making her decision solely on her preference to have the children in her company. Mother has indicated that the children will never be schooled outside of the home. 22. Father hereby seeks an Order mandating that all three children should be publicly schooled, including the parties' youngest child when she becomes old enough to be enrolled. 23. As classes at Newville Elementary School begin on August 26, 2008 at 9:15 am, Father requests that a hearing on this matter be scheduled in such a fashion so that a ruling can be made prior to the first day of classes, so that the children may begin the school year with their fellow students. While Father regrets that this Petition should be filed so late into the summer, it should be noted that Father did not receive the children's report cards until this time, and had not been fully apprised of the progress made by the children. 24. The best interest and welfare of the children will be served by granting the relief requested because: (a) The minor children are of the age where they should be engaging in social contact with other children of their age; (b) The quality and extent of the children's education has been hampered by being home-schooled, and a quality education is of utmost importance in the development of their children; (c) The parties are unable to come to an agreement regarding whether the children should be publicly-schooled or home-schooled; (d) The parties' eldest child has attended public school in the past, and was happy, adjusted, and experienced no problems. There is no justification to keep the children out of public school; and (e) The children should begin their public school education as soon as possible, so that further harm to the quality of their education and socialization is not experienced. WHEREFORE, Petitioner requests that this Honorable Court issue an Order providing that the two eldest children shall be enrolled in and attend Newville Elementary School in Big Spring School District, in Newville, Pennsylvania, and that the parties' youngest child shall be enrolled in and attend said school beginning next year, during the 2009-2010 school year. WHEREFORE, Petitioner further requests that this Honorable Court schedule a hearing on this manner in an expedited fashion so as to permit a ruling to be made sufficiently in time to permit the children to be enrolled in and attend the first day of classes in their new school. Respectfully Submitted, KOPE & ASSOCIATES Dated: July 24, 2008 VERIFICATION I, Craig R. Kulawiecz, verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: < Craig Kulawiecz, Petit ner F LAPP 2 2 20 9 CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DEBRA X. KULAWIECZ, NO. 2008-915 Defendant IN CUSTODY COURT ORDER AND NOW, this dG day of April, 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Debra X. Kulawiecz, and the father, Craig Kulawiecz, shall enjoy shared legal custody of Madison X. Kulawiecz, born June 13, 2000, Zatalya A. Kulawiecz, born October 19, 2002, and Chelsea R. Kulawiecz, born July 14, 2004.. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of physical custody with the minor children as follows: A. On alternating weekends from Friday at 3:30 p.m. until Sunday at 7:30 p.m. B. During the school year, on week one from 3:30 p.m. until 7:30 p.m. on Wednesday and Thursday and on week two from 3:30 p.m. until 7:30 p.m. on Monday and Tuesday. C. During the summer months, father's Wednesday to Thursday time shall be overnight in week one and his Monday to Tuesday time shall be overnight in week two . However, when father is working night shift in the summer, his week one time shall be from 3:00 p.m. on Wednesday until Friday at 1:00 p.m. and his week two time shall be from 3:00 p.m. on Monday until Wednesday at 1:00 p.m. D. Father shall also have additional time as agreed upon by the parties. 4. Neither shall parent shall smoke or allow the children to be exposed to smoke when they have the children in their custody. 5. In the event father is not attending church service on Sunday with the children, father shall make arrangements to allow mother, if she desires, to facilitate the children to go to church. The understanding with respect to this provision is that at least temporarily father may have some transportation obligations in connection with getting the children to church. 6. Holidays shall be handled as follows: A. For the Thanksgiving holiday, it is understood that mother will have custody of the children on the Friday after Thanksgiving which is the traditional time that her family celebrates Thanksgiving. Assuming father is available on Thanksgiving Day, father shall always have custody on Thanksgiving Day. B. For the Christmas holiday and unless agreed otherwise by the parties, father shall always have the children on Christmas eve for the entire day but shall return the children to mother that evening. The mother shall have the children from the evening on Christmas eve through Christmas Day. C. Other major holidays shall be worked out between the parties with the understanding that the parties will share or alternate holidays as best they can subject to the father's work schedule. 7. The mother shall always have custody of the children on Mother's Day and the father shall always have custody of the children on the Father's Day assuming it fits into the father's work schedule. This provision shall supercede any other provision. Both parents shall have the opportunity for two non-consecutive one week vacation periods with the children. In the event a party wants to exercise this right, they must notify the other parent at least thirty days in advance and it is understood the parent who exercises this option first shall have priority. The parties may modify or alter the custody schedule as they agree. In the event the parties cannot agree on any alteration, the parties must follow the custody schedule as set forth above. In the event the parties desire to modify the custody schedule as set forth above and are unable to reach and agreement, either party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. 10. For the time being, father shall handle transportation for exchange of custody. However, father reserves the right to request that transportation be shared with the understanding that it would be done at a halfway point. J. cc: Lesley J. Beam, Esquire Kristin R. Reinhold, Esquire T UE P e ra 6 r in TOWI; P; Wi6Saof, i Iwo unto Sat rP.IV Nof and t of said 20?S?t i ca'li%W. 1?, CRAIG KULAWIECZ, Plaintiff V DEBRA X. KULAWIECZ, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-915 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madison X. Kulawiecz, born June 13, 2000, Zatalya A. Kulawiecz, born October 19, 2002, and Chelsea R. Kulawiecz, born July 14, 2004. 2. A Conciliation Conference was held on April 17, 2008, with the following individuals in attendance: The mother, Debra X. Kulawiecz, with her counsel, Kristin R. Reinhold, Esquire, and the father, Craig Kulawiecz, with his counsel, Lesley J. Beam, Esquire. 3. The parties agree to the entry of an Order in the form as attached. Date: lad 0 C ro ra r a e? rs m w m a r, 0 m .mow C S m an Qi}+ Viol mio'o C A a O A 3;1C v X c n m -motif a2 ?? a a ,A n'l?i4 ?i "C 1 by . a Sri N, CL m w m f .. t7 0 -0 V4 p 3" 9L C, z{3 f Q_ °+m o 4? ?' m w m° tcs o imamm_ ao? ?$ R? -? a ?cl?i 3 v?mgwt ?c clCL ++? t w n i n r n I } to i j w }? '? ( ? ?? o iu+ 47 ??? 10 ft j n. q D a .i ay e nr t o f a i i F a i? ^1' CR !`0 i [ i? m I 2r 0 40 t 4 1 p? 1 t i i k 1 ."i. 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Conferences Communication yes i Participation I Work Samples yes i E Yes No Study island yes Additional Comments: Madison is working steadily to complete her coursework. Keep up the hard work! _ ?> {L I? :? ibi 1 = ! n C 4T E " F ?+ t ? _ v ,: t.... 1Y 4: w ur zp ? E :z` F F k 3 P __ t f 14 + ?f! TP 94t `Ytej ? -.A ?n1 - w r1-r f" s g it3IR '? i krp 4 t I y ®` Rf G ? ? ?' 1 r n i p j I i ! I p ? 4 ? fp i t e ? k r F i { P p i ! t ' 3 ? { P ip i I ? tFk ?gl?Aw m ! =. Ito mf jt to I ? rr I ? 1 3 A 9 t .J .T; _. .may } .?i. k 'gig ( f =r ru r? _ { t S I -w -n t r` at zA' yti mt at ?LL t { 1 t a ;7 ! ? r G i 1 m vn : p (ercr na! c ?; t i ti ?m !°_lm?? o ? ?i t 3 C` r0 I Is i F6 3 1 p pts m ? GPA ?` y ? i 1 p7 ? W I i k } II ? ? 9 I I ? P i { ° I i 't m C a ...q I ? ? f 3 I r 77- .3 - - C.. n? Y Y ?T+ t P ?l+ 't T 4 rt ZCF Culp O ) m O m * 6 a M C b= 570 0' m( 2 e??g6mmps ?P 0. 0 CI CIL - S j ? G7 to m o CII ? ° a +s co , } ? ro 3 m 1 1 2 , { P CL W o i Cy o f i W o t € ' w co ? t -s" iV I i tR iy W 5 ? i x W 5?3 yC? to V/?y? a co Vl r? ITI II? 3 Cti? Sti I ras- .o I t ro ? n ..t is ? p fit iY+ Gs tzJ :r< T m 'ti -•w cz zj. isl cu +a x ?3 .r. OF, c ?! ? n N w C - .... -+ Vin. ?w QI T q?. L 1 ?wy? W 5(0 cz - F; ib i YJ1 /S i?! Q ?. n 4t a_s ? "„? r tTfi RA tp (y cu is tp ty iN u l+ 'S Lf f: as ? ? G.L E . t = a , t ? r-r 7 . [ ?' Sk iT I?, ICS t? !? ? ?^.? w ? i t ? I ? I [ s 7 ? i s f ? c ,. lGr; 1 w. OT v Q Y?i kA 1 ?a " AGORA CYBER CHARTER SCHOOL" by KI4 Student Name: Kulawiecz Zatalya !gate: 4,118/2448 Student IDM 111447 Teacher: Fiore 3 R? t'414 ?v'! t t.-- Elementary Program: QUARTERLY UPDATE Grade: Kindergarten Area Satisfactory Yes Steady Island Comments No ,Additional Comments: Zatayla is doing a good job with her kindergarten coursework. Keep up the hard work! Madison Plan Lesson Lists Progr Attendance Courses t Planning & Progress ® Number of Lessons Q Paroentage at Lassoes Math 2 _-_____ Language Arts 2 Key: Finished Started ! i Not SUrtsd -_ 51 ! Tout 0 of Lessons - - 182 Projected End Date' 07125108 1761) 180 01116/09 History 2 - - - 47) 108 09/03108 Science 2 ______ _-_----,-- - -_ - - 40", 72 09/30108 Art 2 38 j 72 09129108 Beginning 2 Music 1 49) 72 16130108 Strategies For 5uccess: Grade 2 5 10 06/17108 o account for recently completed lessons and schedule changes, dick the Calculate End Dales' button. a x a oa..e?e a e??e.ne++?.. a?sr Q??? ate I C MIN Plan Lesson Lists Progress AtarQndance _° ? o z 3 Did your student attend andlor participate in school academic activities today? Q yes O No Check for. missing attendance r Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. R your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals r c Mach 2 156 hr, 35 min +. 4 0 min 48 hr .' Today's Total Hours 0 Minutes 0 Language Arts 2 , 20 min 63 hr € Total Hours to Date 830 Minutes 14 N story 2 , h i 30 Total Days in School 159 F Science 2 m n r, 36 f ' a i Art 2 33 hr, 15 min Beginning 2 Music 25 hr, 15 min Health 2 2 fir, 15 min Technology 2 3 hr; 0 min ., Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min Madison Pfar,,iing Progress Plan Lesson Lists Progress Jl te+idait:ire ;C"WORM, Hall jr UN- Did your student attend and/or participate in school academic activities today? O Yes O No Check for missing attendance E Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. t If your attendance records are not up to date, the Missing Attendance pulkiown will be showing. Click to record missing records. iI, Courses Minutes Total Hours to Date Cumulative Totals r Nath 2 156 hr, 35 min f f Language ! its 2 48 hr, 0 min a Today's Total Hours 0 Minutes 0 i` History 2 63 hr, 20 min I `? Total Hours to Date 830 Minutes 14 X Science 2 38 hr, 30 min Total Days in School 159 g a Nr 2 33 hr, 15 min r. j Beginning 2 Music 25 hr, 15 min ? f i Health 2 2 hr. 15 min Technology 2 3 hr, 0 min - Foreign Language 2 0 hr, 45 min x l Physical Education 42 hr, 15 min L• Madison l! P+anninc; & Progress Plan Lesson Lists Progress "dance t t ?, Did your student attend and/or participate In school academic activities today? Q Yes 0 No Check for: missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, dick on the minutes box. Check your numbers before submitting them. Once you click "Submit" you cannot change attendance for that course. i If your attendance records are not up to date, the Missing Attendance pulkfown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Itlath 2 156 hr, 35 min 5 Language Arts 2 48 hr, 0 min Today's Total Hours 0 Minutes 0 § r Total Hours to Date 830 Minutes 14 History 2 63 hr, 20 min ? Total Days in School 159 Science 2 38 hr, 30 min k ' Art 2 33 hr, 15 min F 6 t Beginning 2 Music 25 hr, 15 min r Health 2 2 hr, 15 min 5 i t " 0 i 2 3 h T h l r; m n ec no ogy Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min k E Madison j • t', n*^'no r `"ingress Plan Lesson Lists Progress Attrndarrce Chart tr17a#? w ?' # Did your student attend andfor participate in school academic activities today? O Yes O No Check for. missing attendance t Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Math 2 156 hr, 35 min Language Arts 2 48 hr, 0 min History 2 63 hr, 20 min Science 2 38 hr, 30 min Art 2 33 hr, 15 min Beginning 2 Music 25 hr, 15 min Health 2 2 hr, 15 min Technology 2 3 hr; 0 min Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min Today's Total Hours 0 Minutes 0 Total Hours to Date 830 Minutes 14 Total Days in School 159 G- . p,` 44 Madison , ? r? ryo Progress Plan Lesson Lists Progress Attendance ,t Did your student attend andlor participate in school academic activities today? Q Yes O No Check for: missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. " " Check your numbers before submitting them. Once you click Submit you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. ? S Courses Minutes Total Hours to Date Cumulative Totals i, s` Math 2 156 hr, 35 min k Today's Total Hours 0 Minutes 0 Language Arts 2 48 hr, 0 min t History 2 63 hr, 20 min i Total Hours to Date 830 Minutes 14 e ` x Science 2 38 hr, 30 min Total Days in School 159 f t Art 2 33 hr, 15 min q C Beginning 2 Music 25 hr, 15 min e Health 2 2 hr, 15 min Technology 2 3 hr, 0 min r Foreign Language 2 0 hr. 45 min F Physical Education 42 hr; 15 min ?. Madison ^tanning e& Progress Plan Lesson Lists Progress Atb #Mar#ce Cho* a ; SS Y 3..? t. ?.r oayp . H Did your student attend and/or participate in school academic activities today? O Yes 0 No Check for. missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Math 2 156 hr, 35 min Language Arts 2 48 hr, 0 min Today's Total Hours 0 Minutes 0 History 2 63 hr, 20 min '. Total Hours to Date 830 Minutes 14 t Total Days in Scholl 159 Science 2 38 hr, 30 min t Art 2 33 hr, 15 min c Beginning 2 Music 25 hr, 15 min s F t ? Health 2 2 hr. 15 min I i a Technology 2 3 hr, 0 min Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min ,. z Madison .. , ? - cr -e ?. Plan Lesson Lists Progress Atstl WWliic tl ' r,: c 4 e Thursdax, 1131d your student attend andlor participa e te in school academic activities today? ® Yes O No Check for missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, dick on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulkiown will be showing. Click to record missing records. ? s Courses Minutes Total Hours to Date Cumulative Totals f fdiath 2 156 hr, 35 min., S 10 Language Arts 2 s Today's Total Hours 0 Minutes 0 48 hr, 0 min E a a Total Hours to Date 830 Minutes 14 i i History 2 63 hr, 20 min Science 2 1 ' Total Days in School 159 38 hr, 30 min f x Art 2 33 hr, 15 min Beginning 2 Music 25 fir, 15 min Health 2 2 hr, 15 min t I' Technology 2 3 hr, 0 min _ Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min $ f `s Madison I `an?in?t ? r-rogress Plan Lesson Lists Progress I?ftrodarce ?4;" Gf?anga Date , 4.._...:..? L. Did your student attend and/or participate in school academic activities today? ® Yes Q No Check for. • - - • - Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date P:rath 2 156 hr, 35 min Language Arts 2 48 hr, 0 min History 2 63 hr, 20 min Science 2 38 hr, 30 min An 2 33 hr, 15 min Beginning 2 Music 25 hr, 15 min Health 2 2 hr, 15 min Technology 2 3 hr, 0 min Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min 4. Cumulative Totals Today's Total Hours 0 Minutes 0 Total Hours to Date 830 Minutes 14 Total Days in School 159 Madison PIanning & Progress Plan Lesson Lists Progress Att:ndarroe Did your student attend and/or participate in school academic activities today? ® Yes O No Check for: missing attendance I Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. 5. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulktown will be showing. Click to record missing records. i Courses Minutes Total Hours to Date Cumulative Totals N/lath 2 120 hr, 35 min Ponies ? 119 hr, 45 min r a Today's Total Hours 0 Minutes 0 Language Arts 1 269 hr, 40 min Total Hours to Date 658 Minutes 59 t' g: History 2 49 hr, 20 min ' Total Days in School 127 Science 2 28 hr, 30 min s Art 2 21 hr, 45 min `? Beginning 2 Music 17 hr, 0 min = Health 2 0 hr, 0 min Technology 2 3 hr. 0 min t Foreign Language 2 0 hr, 0 minF t a Madison Plan lesson lists rr F 'Cil Progress Mandan Did your student attend and/or participate in school academic activities today? O Yes 0 No Check for. missing attendance • Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total flours to Date Cumulative Totals Meath 2 120 hr, 35 min Phonics 1 119 hr, 45 min Todays Total Hours 0 Minutes 0 Language Arts 1 269 hr, 40 min Total Hours to Date 658 Minutes 59 History 2 49 hr, 20 min Total Days in Scholl 127 { ? i Science 2 28 hr, 30 min s Art 2 21 hr, 45 min 3 r Beginning 2 Music 17 hr, 0 min Health 2 0 hr, 0 min a Technology 2 3 hr. 0 min Foreign Language 2 0 hr. 0 min :'t Madison •' 'ar=n=,ng & Progmss Plan Lesson Lists Progress 1,51 t Did your student attend and/or participate in school academic actlvltiea today? *Yes O No Check for. - i ' • - I Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, dick on the minutes box, Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulkiown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Matt, 2 156 hr, 35 min e Today's Total Hours 0 Minutes 0 Language Arts 2 48 hr, 0 min 1 i s History 2 63 hr, 20 min If Total Hours to Date 830 Minutes 14 a Science 2 38 hr, 30 min Total Days in School 159 Art 2 33 hr, 15 min F `Beginning 2 Music 25 hr, 15 min ? Health 2 2 hr, 15 min Technology 2 3 hr, 0 min Foreign Language 2 0 hr, 45 min Physical Education 42 hr, 15 min a. ?4Af Zatalya • Planning & Progress Plan Lesson Lists Progress. Attendance Courses Total 0 Projected 0 Number of Lessons O Percentage or Lessons Key: ! Finished Started Not Started of Lessons End DaW h K M at ____. 22 ) 180 06113!08 Phonics K - 591. 180 08/06108 Language Arts K - 25 180 06119108 History K __ --- - - - --- --- --- 391 72 09726/08 Science K n 2 40"? 72 09!30!08 Art K OUL- 41) 72 10/08108 Preparatory Music -------------_ --.-_ 1 44 :i 72 10/14/08 Physical Education _. 2) 13 05127/08 'To account for recently completed lessons and schedule changes, dick the "Calculate End Dates" button. 1, n ?cP {/y Plan Lesson Lists Progress an t F f S ? } .4•' fie. }',?. 1. ?_ Did your student attend and/or participate In school academic ac&Atles today? ® Yes 0 No Check for: missing attendance } Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pu0down will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Math K 141 hr, 55 min Phonics K 135 hr, 0 min i Today's Total Hours 0 Minutes O Language Arts K 362 hr, 45 min Total Hours to Date 798 Minutes 10 6 History K 31 hr, 30 min Total Days in School 160 a Science K 25 hr, 30 min Ari K 28 hr, O min t Preparatory Music 23 hr, 15 min Health K 4 hr, 0 min Technology K 2 hr, 0 min Foreign Language K 1 hr, 30 min P" Plan Lesson Lists Progress lktbridalncaa, oil- Did your student attend andlor participate in school academic activities today? ® yes Q No Check for missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulkiown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals r-1 4 Math K 141 hr, 55 min Phonics K 135 hr, 0 min i Today's Total Hours 0 Minutes 0 Language Arts K 362 hr, 45 min Total Hours to Date 798 Minutes 10 History K 31 hr, 30 min € Total Days in School 160 Science K 25 hr, 30 min Art K 26 hr, 0 min Preparatory Music 23 hr, 15 min Health K 4 hr, 0 min Technology K 2 hr. 0 min Foreign Language K 1 hr, 30 min Plan Lesson Lists Progress AollslotMall& ?? ?, fiats }'N ! • f ?P ? 1 ? Y lop r Did your student attend andlor participate In school academic activities today? © Yes Q No Check for. ?rnissing attendance Click on the box next to a course to enter the number of minutes for one lessor[. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals I•""°a Math K 141 hr, 55 min Phonics K 135 hr, 0 min Today's Total Hours 0 Minutes O i Language Arts K 362 hr, 45 min Total Hours to Date 798 Minutes 10 History K 31 hr, 30 min € Total Days in School 160 i. Science K 25 hr, 30 min t Art K 28hr,0min Preparatory Music, 23 hr, 15 min , Health K 4 hr, 0 min Technology K 2 hr, 0 min Foreign Language K 1 hr, 30 min .' Plan Lesson Lists Progress Atiar4a oe tha t: `?? Did your student attend and/or participate In school academic activities today? O Yes Q No Check for: missing attendance i Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course, If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Math K 141 hr, 55 min Phonics K 135 hr, 0 min Language Arts K 362 hr, 45 min History K 31 hr, 30 min Science K 25 hr, 30 min Art K 28 hr, 0 min Preparatory Music 23 hr, 15 min Health K 4 hr, 0 min Technology K 2 hr, 0 min Foreign Language K 1 hr, 30 min Cumulative Totals Today's Total Hours 0 Minutes 0 Total Hours to Date 798 Minutes 10 Total Days in School 160 is Y Planning 9, Progress Plan Lesson Lists Progress AtW"d- ?•y Change Date r Did your student attend and/or participate in school academic activities today? ® Yes O No Check for. missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. 3 a Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. f Courses Minutes Total Hours to Date Cumulative Totals Math K 141 hr, 55 min i ? s ? Phonics K 135 hr, 0 min S ,p Today's Total Hours 0 Minutes 0 : Language Arts K 362 hr, 45 min 9 ? s Total Hours to Date 798 Minutes 10 History K 31 hr, 30 min fi Total Da to School 160 { I Science K 25 hr, 30 min Art K 28 hr, 0 min , Preparatory Music; 23 hr, 15 min i Health K 4 hr, 0 min Technology K 2 hr, 0 min Foreign Language K 1 hr, 30 min i` c?tS?7',ng & Progress Plan Lesson Lists Progress Atfs??dat?oe . ??:' W1'?itte1 e?: F r $` Did your student attend and/or participate In school academic activities today? ® Yes O No Check for missing attendance t i B Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. 3 If your attendance records are not up to date, the Missing Attendance pulkiown will be showing. Click to record missing records. r G Courses Minutes Total Hours to Date Cumulative Totals Math K 141 hr, 55 min im v Phonics K 135 hr, 0 min Today's Total Hours 0 Minutes O Language Arts K 362 hr, 45 min Total Hours to Date 798 Minutes 10 History K 31 hr, 30 min Total Days in School 180 Science K 25 hr, 30 min r F Art K 28 hr, 0 min t ¢ Preparatory Music 23 hr, 15 min ? t r t ?. Health K 4 hr, 0 min s R Technology K 2 hr, 0 min k..ml " r Foreign Language K 1 hr, 30 min i? ? ?fanning & Progress Plan Lesson Lists Progress AthrMance ?; tb9e Dah . ? e it-Not FJI Did your student attend andlor participate In school academic activities today? ® Yes 0 No Check for. missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, dick on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. r x If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Math K 141 hr, 55 min ? Phonics K 135 hr, 0 min y Today's Total Hours 0 Minutes 0 Language Arts K 362 hr, 45 min Total Hours to Date 798 Minutes 10 History K 31 fir, 30 min < Total Days in School 160 t , Science K 25 hr, 30 min z f i Art K 28 hr, 0 min t; S Preparatory Music 23 hr, 15 min p t i P Health K 4 hr, 0 min Technology K 2 hr, 0 min e ? ° Foreign Language K 1 hr, 30 min Manning £ rrogress Plan Lesson Lists Progress Ak t Qdaage Chess Date `x t x Did your student attend and/or participate in school academic activities today? ®Yes Q No Check for. missing attendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance puiktown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals klath K 141 hr, 55 min Today's Total Hours 0 Minutes 0 Phonics K 135 hr, 0 min q Language Arts K 362 hr, 45 min k Total Hours to Date 798 Minutes 10 History K 31 hr, 30 min Total Days in School 160 V Science K 25 hr, 30 min Art K 28 hr, 0 min ?k Preparatory Music 23 hr, 15 min F P ? i i Health K 4 hr, 0 min i Technology K 2 hr, 0 min Foreign Language K 1 hr, 30 min . • Zatalya I "F.--- Plan Lesson Lists Progress Atndarlce ` Changre* r missing Did your student attend and/or participate in school academic activities tray? ©Yes 0 No Check for. a tiendance Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, elide on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. i 4 Courses Minutes Total Hours to Date Cumulative Totals { 4 Math K 112 hr, 10 min i K i Ph 0 min Today's Total Hours 0 Minutes 0 102 hr t on cs , Language Arts K 301 hr, 45 min Total Hours to Date 635 Minutes 10 History K 25 hr, 15 min Total Days in School 129 Science K 21 hr, 0 min Art K 21 hr, 0 min s Preparatory Music 18 hr. 45 min s Health K 0 hr, 0 min Technology K 2 hr, 0 min Foreign Language K 0 hr, 45 min _ s Plan Lesson Lists Progress A*'hdanes C4res Mill Did your student attend and/or participate In school academic activltles today? ® Yes O No Check for: " • - k Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, click on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance pulldown will be showing. Click to record missing records. Courses Minutes Total Hours to Date Cumulative Totals Math K 112 hr, 10 min phonics K 102 hr, 0 min Today's Total Hours 0 Minutes 0 Total Hours to Date 635 Minutes 10 Language Arts K 301 hr, 45 min History K 25 hr, 15 min Total Days in School 129 Science K 21 hr, 0 min r Art K 21 hr,0min i Preparatory Music 18 hr, 45 min r Health K 0 hr, 0 min f Technology K 2 hr, 0 min Foreign Language K 0 hr, 45 min i. k Plan Lesson Lists Progress i Did your student attend and/or participate in school academic activities today? *yes O No Check for: missing attendance # Click on the box next to a course to enter the number of minutes for one lesson. To enter a different number of minutes, dick on the minutes box. Check your numbers before submitting them. Once you dick "Submit" you cannot change attendance for that course. If your attendance records are not up to date, the Missing Attendance puildown will be showing. Click to record missing records. LS ?I Courses Minutes Total Hours to Date Cumulative Totals Math K 141 hr, 55 min. Phonics K 135 hr, 0 min Today's Total Hours 0 Minutes 0 i Total Hours to Date 798 Minutes 10 Language Arts K 352 hr, 45 min s History K 31 hr, 30 min 6 Total Days In School 160 Science K 25 hr, 30 min t s ?' Art K 28hr,0min ` Preparatory Music 23 hr, 15 min Health K 4 hr, 0 min i a i Technology K 2 hr, 0 min E s- Foreign Language K 1 hr, 30 min e<..,,J k CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that I served a true and correct copy of the foregoing Petition for Special Relief on Defendant's counsel, Kristin R. Reinhold, Esquire, at the following address via first class mail, postage prepaid on the date set forth below. Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Attomey for Defendant KOPE & ASSOCIATES, LLC 4¢esley BePm, Esq. 4660 ndle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 91175 Attomey for Plaintiff Date: 71,-) q10 7 N - r w r C H TL y^ ? I1 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamOkopelaw.com CRAIG R. KULAWIECZ, Plaintiff, vs. DEBRA X. KULAWIECZ, Defendant. Attorney for Petitioner/Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-0915 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF RULE TO SHOW CAUSE Ak'AND NOW, this day of , 2008, on consideration of the foregoing Petition, it is hereby ORDERED that: -Rule is not en 2. The respondent shall file an answer to the petition within ten (10) days of service; Pa.R.Civ.P. No. 206.7; tzt/ ao I *_r4 0 079 2008 in Courtroom of the Cumberland County Court of Common Pleas Judicial Center, located at Carlisle, Pennsylvania; and 6 The Petitioner shall provide notice of entry of this Order-to all pa , s. BY TH T: 10 J. '??? '?t?????r.?? ? 2? ? ? ?? ? ? CRAIG R. KULAWIECZ, Plaintiff V. DEBRA X. KULAWIECZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-915 CIVIL ACTION -LAW DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO PLAMIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes the Defendant, Debra X. Kulawiecz, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and responds to Plaintiff's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. It is admitted that Mother homeschools the parties' two oldest children using the Agora K-12 Cyber School curriculum. It is emphatically denied that the decision to homeschool the children was made against Father's wishes. To the contrary, Father agreed to and was enthusiastic about the parties' children being homeschooled by their mother. By way of further answer, Father made sure that an additional room was added to the home the parties were building to act as a school room and occasionally taught the children himself using the homeschooling curriculum. 8. Admitted. 9. Admitted. It is admitted that Father has been opposed to homeschooling since he became involved in an adulterous relationship and left the marriage in February of 2008. However, prior to the parties' separation, Father was enthusiastic about his children's involvement in homeschooling. 10. Denied. It is denied that Father has requested report cards for the past year. The parties only separated in February of 2008, approximately five months ago, and up until that time had equal access to the children's report cards and progress reports as he was involved in the homeschooling as well as Mother. As Father was concerned with his new life after he left the marriage, he showed no interest in the children's schooling until May of 2008. Mother kept Father verbally updated as to the children's progress in their homeschooling. 11. Admitted. It is admitted that the parties' two oldest children were slightly behind in their schooling and would have to continue later into June than expected. Both children finished all of their classes by the second week of June with the exception of Phonics which is taken by the oldest child, Madison, and which is not offered in the public school system. By way of further answer, two major disruptions occurred in the 2007-2008 academic year which affected the children's progress in their homeschooling. First, the parties moved to a home they were building in November, 2007, which could not get internet access, which is needed for the cyber school, for one month after the parties moved. Second, Father began an adulterous relationship and began exposing the children to his paramour even before leaving the marital home in February, 2008. Father's abandonment of the family caused tremendous stress and pain to both the children, as well as Mother, which subsequently affected the children's ability to concentrate and focus on their school work. It is believed and therefore averred that the children's performance would have been affected negatively due to this family crisis whether they were attending public school or were being homeschooled. 12. Admitted in part, denied in part. It is admitted that the children passed their respective grades and that one of the comments on Madison's report card was that additional work during the summer was recommended. It is denied that the children's grades are mediocre. To the contrary, the grand majority of Madison and Zatalya's grades are "M" for "mastered" being the highest performance level, and that the remaining teacher comments on their report cards are positive. 13. Denied. It is denied that Father was not informed that Madison had recommended work in the summer. By way of further answer, Mother has been working with Madison over the summer on the recommended subjects. 14. Admitted. It is admitted that Father has attempted to discuss the matter of sending the children to public school since the parties' separation. When Mother has refused to engage in discussions on the matter, it is due to the fact that Father brings up these issues in front of the parties' children during exchanges, which is inappropriate and stressful for the children. To avoid conflict in front of the children, Mother tries to reduce all conversation with Father during exchanges. 15. Admitted in part, denied in part. It is admitted that Mother resides in the Big Spring School District and that the children would attend Newville Elementary School if they were to attend public school. It is also admitted that Madison attended kindergarten in Newville Elementary School. It is denied that Madison performed well during this period, and that there were no factors which justified her removal from the school. Due to Madison's testing scores going down during her kindergarten year and her lack of enthusiasm for schooling, the parties made a joint decision that she would benefit more from a homeschooling curriculum. Madison's excellent progress in the first grade homeschooling curriculum is evidence that she is more challenged in the homeschooling environment than the public school environment. 16. Denied. It is denied that if the children were being educated outside of the home, conditions would not have had an impact on the children's progress. To the contrary, due to the grief experienced by the children due to Father leaving the home and his involvement of a paramour in their life even before Father had left the marital home, the children would have been negatively impacted academically whether they were homeschooled or in a public school. 17. Denied. It is denied that Mother routinely does not mandate that the children do schoolwork every day or sufficiently per day. By way of further answer, there were occasions in May when Mother was absent due to court appearances relating to the parties' divorce and when the children had teacher meetings/testing. On those occasions, when Mother was absent, the children were supervised and taught by another homeschooling parent. 18. Denied. It is denied that Mother has ever altered performance logs or misrepresented to the school the time spent by the children doing school work. By way of further answer, log-in time does not occur during school time as the children are in the process of doing their school work. Generally, log-in time is after the children have finished their schoolwork. On occasion, time is often logged-in later in the evening. When another homeschooling parent has taught the children for the day, the time is logged-in after Mother has had a conversation with the other parent regarding the children's progress. 19. Admitted in part, denied in part. It is admitted that Mother and Father cannot come to an agreement regarding the issue of schooling. It is denied that the children's best interests are not being met. To the contrary, Mother firmly believes that it is in the best interests of the subject minor children that they continue with homeschooling. Due to the family disruptions which occurred during the last academic year, Mother does not believe that the children's performance during that year is representative of Madison's homeschooling performance in the past or the children's performance in the future. 20. No answer is required. If an answer is required, it is hereby denied. It is denied that homeschooling is in any way a limitation to the children's education. 21. Denied. It is denied that Mother is making her decision to homeschool based on her preference to have the children in her company rather than considering the best interests of the children. Mother and Father jointly made a decision to homeschool their children for the academic advantage it would give them, as well as for social, moral, and religious reasons. To the contrary, it is Father who is not considering the best interests of his children since he left the marital home. It is believed and therefore averred that Father's motivation in seeking public schooling for the children relates more to the advantage he believes he will derive in the divorce and custody actions than to the children's academic welfare. 22. No answer required as this averment represents a prayer for relief. In the event an answer is required, it is hereby denied. 23. Admitted in part, denied in part. It is admitted that classes at Newville Elementary School begin on August 26, 2008. It is denied that Father was not fully apprised of the progress made by the children. Mother kept Father updated as to the children's progress in school and provided him with reports when they were completed. 24 a. Admitted in part, denied in part. It is admitted that the minor children should be engaged in social contact with other children of their age. It is denied that ordering the children to attend public school is in their best interest and welfare. By way of further answer, the subject children are regularly socialized with other homeschooled children and take part in numerous academic and social events with children of their own age. b. Admitted in part, denied in part. It is admitted that a quality education is of utmost importance in the development of the children. It is denied that the quality and extent of the children's education has been hampered by homeschooling. Mother believes and therefore avers that the children will receive a superior education through homeschooling. c. Admitted. d. Admitted in part, denied in part. It is admitted that the parties eldest child attended public school for kindergarten. It is denied that she was happy, adjusted, and experienced no problems there and that there is no justification in keeping the children out of public school. Mother and Father jointly observed Madison losing interest in school during her kindergarten year as well as her test scores declining from the commencement of her kindergarten year to the end of her kindergarten year. Madison was very bored with the public school curriculum which prompted the parties to make a joint decision to have all of their children attend homeschooling once they would each become of age. e. Denied. It is denied that the children should begin their public school education for the reasons set forth in this response. WHEREFORE, Defendant, Debra X. Kulawiecz hereby respectfully requests this Honorable Court deny Plaintiffs Petition for Special Relief. Date: 10 05?? Respectfully Submitted, THE LAW OFFI S OF SILLIKER & REI3HOLD KAstin R Refnhold, Esquire 5922 Li lestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Debra X. Kulawiecz AFFIDAVIT I, Debra X. Kulawiecz, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated:,, Debra X. K'vJawiecz CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-915 DEBRA X. KULAWIECZ, CIVIL ACTION - LAW Defendant DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigned, Ashleigh Trousdale, hereby certifies that a copy of Defendant's Response to Plaintiffs Petition for Special Relief was mailed to Lesley J. Beam, Esquire on August 20, 2008, by first-class mail, addressed as follows: Lesley J. Beam, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: g J do aooz h I -o XtXt&,vdait- AshleiVi Trousdale ?? ? ?,? ? ? ,rs ?.; ??J ??? 4 --y,.? i. ? u'1 ?,).S _..' 4 _.. _ S- .r?.Y ;.? ? e_ -?' Cam"' :{ CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-0915 CIVIL TERM DEBRA X. KULAWIECZ, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 26th day of August, 2008, Father's Petition For Emergency Relief is DENIED. We will re-examine this matter on Wednesday, December 17, 2008, at 9:30 a.m., unless the parties have been able to reach an agreement on their own. At the upcoming hearing, we would be interested in the progress of the students in the Cyber Charter School, as well as the social interaction with other Cyber School students. We will also welcome any expert testimony with regard to the benefits versus drawbacks of public school and Cyber School and what would be in the best interests for these particular children. ley J. Beam, Esquire For the Plaintiff/Petitioner t,xristin R. Reinhold, Esquire For the Defendant/Respondent 1 srs Viii 1:4lt Y ?`i S4 .C d LZ S AV GOOZ 3Hi O CRAIG KULAWIECZ, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-915 CIVIL TERM DEBRA KULAWIECZ, CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, _, prior to the entry of a Final Decree in Divorce or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Debra Neumayer, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 1()- 2, ?- Debra Kulawiecz Z?" ?41 ? hnoj?" Debra Neumayer COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the o? day of 2008, 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 she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereun a hand and offic' seal. Notary Public Ate amass& NOTARIAL SEAL bw D"bach, Notary Pubft PWW 1Wp. Dauphin 2 b 0 I Ozeft" 30, 01 ? m *Ila ? razes R_i CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2008-0915 CIVIL TERM DEBRA X. KULAWIECZ, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 17th day of December, 2008, after hearing, Father's Petition for Special Relief is denied at the current time. We are satisfied that it would not be in Zatalya's best interest to be enrolled in public school at the current time. It is ordered and directed that the parents begin her in counselling as recommended by Dr. Shienvold at the earliest possible date. With regard to Madison, it is a closer call. However, in view of the upheaval in her life occasioned by the separation and pending divorce with her parents and the fact that we are in the middle of the school year and the fact that some progress has been made since the last hearing with regard to her studies, we are not prepared to order that she be enrolled in a public school in the middle of the school year. We will readdress this matter at a hearing to be scheduled on Monday, June 8, 2009, at 1:00 p.m. At that time, we will determine whether the children may remain home schooled for the 2009 school year or whether they will enter the public schools. B Edward E. Guido, J. ./Lesley J. Bearn, Esquire Fo the Plaintiff Kristin R. Reinhold Esquire For the Defendant :mlc C: m?ttLL rllr- n ;rr?? 011:11 lrlf CZ 330 93OZ ti CRAIG R. KULAWIECZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA X. KULAWIECZ : NO. 2008 - 0915 CIVIL TERM ORDER OF COURT AND NOW, this 8TH day of JUNE, 2009, the hearing scheduled for Monday, June 8, 2009, at 1:00 p.m. in Courtroom # 3 is rescheduled for WEDNESDAY, JULY 22, 2009, at 1:30 p.m. in Courtroom # 3. e Court, Edward E. Guido, J. ?LESLEY J. BEAM, ESQUIRE 395 ST. JOHNS CHURCH ROAD SUITE 101 CLAMP HILL, PA 17011 KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 Ad Co . , b?to?a9 FIl ED--C:'r RCE OF THE cRO t ?-' `IOTVY. 2004 JUH 10 AM 8: 3 3 CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2008-0915 CIVIL TERM DEBRA X. KULAWIECZ, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER OF COURT AND NOW, this 17th day of December, 2008, after hearing, Father's Petition for Special Relief is denied at the current time. We are satisfied that it would not be in Zatalya's best interest to be enrolled in public school at the current time. It is ordered and directed that the parents begin her in counselling as recommended by Dr. Shienvold at the earliest possible date. With regard to Madison, it is a closer call. However, in view of the upheaval in her life occasioned by the separation and pending divorce with her parents and the fact that we are in the middle of the school year and the fact that some progress has been made since the last hearing with regard to her studies, we are not prepared to order that she be enrolled in a public school in the middle of the school year. We will readdress this matter at a hearing to be scheduled on Monday, June 8, 2009, at 1:00 p.m. At that time, we will determine whether the children may remain home schooled for the 2009 school year or whether they will enter the public schools. Edward E. Guido, J. Lesley J. Beare, Esquire For the Plaintiff Kristin R. Reinhold, Esquire For the Defendant mlc ' a 1 c (t swt x ...:. va CRAIG R. KULAWIECZ, Plaintiff V. DEBRA X. KULAWIECZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0915 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of July, 2009, our custody Order of April 28, 2008, is modified to add the following: 1. The children are directed to be enrolled in the Big Spring School District for the upcoming school year. They shall continue to attend the school based upon Mother's current address and shall not be moved from that school, absent a written agreement of the parties or further Order of this Court. 2. Zatalya shall continue in counseling until she is successfully discharged. 3. Counseling for Madison shall begin forthwith to help her deal with the anxiety she is experiencing as a result of the separation and pending divorce of her parents. 4. The parents are directed to e-mail each other each and every day to discuss some aspect of the involvement of their children. The e-mail shall be commenced :by the party in whose custody the children are and responded to by the other party. Copies of the e-mails and responses shall be kept and presented to this Court as part of an exhibit in any further hearing. 5. In addition, the parties are directed to discuss co-parent counseling in the e-mails and to make arrangements to begin co-parent counseling for at least three sessions, and thereafter if it is working. This is to be accomplished before It Kulawiecz jr. Kulawiecz No. 2008-0915 Civil Term the start of school. In all other respects, our custody order of April 28, 2008, shall remain in full force and effect. By the Court, 00 Edward E. Guido, J. esley J. Beam, Esquire Kope & Associates 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 For the Plaintiff ristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 t For the Defendant J srs OF T H F F-0-T-" 7" C ? M 2009 JUL 23 PM 12: 4 U CUB! - ?,? ih CRAIG KULAWIECZ, Plaintiff vs. DEBRA KULAWIECZ (NEUMAYER) Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : CIVIL ACTION -LAW NO. 08-915 CIVIL TERM IN DIVORCE AND CUSTODY PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance previously entered on behalf of the above named Defendant, Debra Kulawiecz (Neurr Date: Please enter my appearance on behalf of the above named Defendant, Debra Kulawiecz (Neumayer). DATE: 0 f ( d I Br riff' ,Esquire Nt & Ass fates 200 North Hanover Street Carlisle, PA 17013 Harrisburg, PA 17112 r1 rv, fPOW 2009 DEC 14 PM ! = 5 4 CUF?R., :. r ITY PE;`i uYL'tlX;'IA FILE T,k 2013 MAR 15 [. i l I I: I.; I KOPE & ASSOCIATES, LLC JULIE A. WEHNERT, ESQ. Attorney ID 307900 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com Attorney for Plaintiff CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-915 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE FOR ENTRYMITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Craig Kulawiecz, Plaintiff, in the above- captioned divorce & custody matter. '? n adl? ,""3/) / Vij6 od,., __? DATE IE A. WEHNERT, ESQU 5 St. Johns Church Road amp p Hill, PA 17011 Supreme Court ID# 307900 Please withdraw my appearance on behalf of Craig Kulawiecz, Plaintiff in the above referenced divorce & custody matter. DATE F . BEATA, ESQUIRE St. J has Church Road p 11, PA 17011 Supreme Court ID# 91175 • CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esquire do hereby certify that on this 10th day of March, 2010, 1 served a true and correct copy of the foregoing Praecipe for EntryMithdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 KOPE & ASSOCIATES, LLC )n_n,.n Ju 'e A. Wehnert, Esq. I I.07900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant JUt 1 g 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CRAIG KULAWIECZ Plaintiff V S. DEBRA KULAWIECZ ; ]v0. 915 20 08 Defendant MOTION FOR APPOINTMENT OF MASTER CRAIG KULAWIECZ Plaintiff ,moves the court to appoint a master with respect to the following claims: ^X Di orce ^X Distribution of Property ^ A ulment ^ Support ^ Ali ^ Ali ony ^ Counsel Fees ony Pendente Lite ^ Costs and Expenses and in support of the mo ion states: I. Discovery is c mplete as to the claims (s) for which the appointment of a master is requested. 2. The defendant appeared in the action (personally) is attorne _ Bradley L. riffie Esquire). 3. The staturory ound (s) for divorce is 3301(0) ~-- rs: c1` 7 ~- :>,> __; ~ _., :=.: '- ~^ 1_Y !~' CL r- 4. Delete the ina plicable paragraph (s): A ~ B ^ C ^ y(~ a. The a ion is not contested.%,,,~ ~ o b. Ana Bement has been reached with respect to the followine claims: W" ~ t`„ ~ ~^~" :- C~ Div rce - r~-- C. The a ion is contested with respect to the following claims: "~ ~ ~ !-~ , Equi able Distribution ~' . ~: ,~ ~._. =~,. _: S 6 7 V ~~ =-.- is a~ c~ rn ~.,, f1 C'J ~"~Y N The action doe not involve complex issues of law or fact. `-, r N The hearing is expected to take 3 boors ~ G, Additional inf rmation, if anv, relevant to the motion: Date: July 9, 20 0 rney for Plaintiff ulie A. Wehnert, Esq Print Name ORDER APPOINTING MASTER AND NOW , 20IO ~ ~AJ_/1 ~ ~ Esquire, feted master th respect to the following claims: t'_t' .D a ~OCr t~l-D~_~ By the Court, ~~12 td J. -ii -t ~~PT~ --p rr, _i; t :. , `-, m, .{ STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF T~ ~~~ ~ , ~:~ y 210 ~U~ -3 e u~ ~~~ Aver 3 ~ryj ~ : 50 ~~~1 ~' ~_ '` rr5~ ~~ i .'i d 1 1 '~~.~ ... 1. CRAIG KULAWIECZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.08-915 CIVIL DEBRA KULAWIECZ, Defendant : IN DIVORCE AND CUSTODY PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSE L OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of BRADLEY L. GRIFFIE, ESQUIRE, as attorney of record for Defendant, DEBRA KULAWIEC~, in this matter. -JJ~`I oZ~ , 2010 L. GRIFFIE, ESQUIRE NORTH HANOVER STREET CARLISLE, PA 17013 717-243-5551 SUPREME COURT I.D. N0.34349 Please enter the appearance of STAGY B. WOLF, ESQUIRE, as attorney for the Defendant in this matter. `~U ~`~ ~~ , 2010 STAGY B~OLF, ESQUIRE/ WpLF & OLF / 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID # 88732 I 2 i 1 it'll R, Y - I'i f] JIVIDEN & WEHNERT, LLC JULIE A. WEHNERT, ESQ ATTORNEY I.D. 307900 3461 Market Street, Suite 101 Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com 8ERL a ? iJ .Sed . t' Attorney for Plaintiff CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-915 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Julie A. Wehnert, Esquire on behalf of Kope & Associates, LLC and enter the appearance of Julie A. Wehnert, Esquire on behalf of Jividen & Wehnert, LLC as attorneys for the Plaintiff, Craig Kulawiecz in the above- captioned action. Date: 3/,,(,/ Ju 'e . Wehnert, Esquire Ji ' en & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Tele: (717) 730-3700 Fax: (717) 730-3770 CERTIFICATE OF SERVICE / I Julie A. Wehnert, Esquire do hereby certify that on this day of March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Stacy Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 JU A. WEHNERT, ESQUIRE 3 Market Street, Suite 101 C p Hill, PA 17011 Supreme Court ID# 307900 (717) 730-3700 Attorney for Plaintiff CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DEBRA KULAWIECZ, Defendant NO. 08-915 CIVIL TERM IN RE: DEFENDANT'S MOTION TO OVERRULE OBJECTIONS TO SUBPOENA ORDER OF COURT AND NOW, this 11th day of October, 2011, upon consideration of Defendant's Motion To Overrule Objections to Subpoena, a hearing is scheduled for Friday, October 21, 2011, at 3:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Julia A. Wehnert, Esq. 3461 Market Street Suite 101 Camp Hill, PA 17011 Attorney for Plaintiff V Stacy B. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant :rc (or; C5 ma,IIed /0/11111 --; r. L.,' rQ i} t-?a BY THE COURT, CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW C rs DEBRA KULAWIECZ -.0z a Defendant NO. 08-915 CIVIL TERM ? z ? m r C? Sa ?"Y7 IN RE: OBJECTIONS TO SUBPOENA I>? C X C7, ORDER OF COURT •?? AND NOW, this 4th day of November, 2011, upon consideration of Defendant's Motion To Overrule Objections to Subpoena, and following a hearing held on this date, the motion is granted, and the objections to subpoena are overruled. By the Court, J. Wesley Oler, ,J? . , J. / Julia A. Wehnert, Esquire 3461 Market Street. Suite 101 ? A Camp Hill, PA 17011 For Plaintiff eoplels I I ', Stacy B. Wolf, Esquire ? 10 West High Street Carlisle, PA 1701.3 For Defendant :mae CRAIG KULAWIECZ IN THE COURT OF COMMON PLEAS OF c -10 zC r-113 PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA -.. . == -n rat __ ? C7 V. 2008-915 CIVIL ACTION LAW`, O ) j - DEBRA X. NEUMAYER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, April 27, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 11, 2012 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/ Hubert X. Gilroy, Es q. 1) LA 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 00 A CRAIG KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 2008-915 CIVIL ACTION -LAW ,2 DEBRA X. NEUMAYER, : - ?° _ :Y++ w rn r r? --= Defendant IN CUSTODY PRIOR JUDGE: Edward E. Guido COURT ORDER AND NOW, this day of May, 2012, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled ?n ourt Room No. 3 of the Cumberland County Courthouse on the /S74 r. day of A044. 2012 4 7!_60 _, T A m. At this hearing, the mother shall be the moving party and shall proce d initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth in detail each issue currently pending before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. The existing Orders in this case shall remain in place pending further Order of this Court. BY THE COURT, Edward uido, Judge cc: Stacy B. Wolf, Esquire Julie Wehnert, Esquire lopes ma.-Id ,e1e. C CRAIG KULAWIECZ, Plaintiff v DEBRA X. NEUMAYER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 2008-915 CIVIL ACTION -LAW : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Madison X. Kulawiecz, born June 13, 2000, Zatalya A. Kulawiecz, born October 19, 2002, and Chelsea R. Kulawiecz, born July 14, 2004. 2. A Conciliation Conference was held on May 18, 2012, with the following individuals in attendance: The father, Craig Kulawiecz, with his counsel Julie Wehnert, Esquire, and the mother, Debra X. Nuemayer, with her counsel, Stacy B. Wolf, Esquire. 3. There a number of issues in this case. Mother wants to start cyber-schooling the two oldest children, and father is unwilling to agree. It is noted that this issue was previously litigated by the parties with the Court Order specifying that the matter may be revisited. There are also issues with respect to modification of the existing custody schedule, a requirement that the children attend church and a number of other issues. A hearing is required. And should take approximately one day. 4. The Conciliator recommends an Order in the form as attached. Date: May , 2012 Hubert X. Gilroy, Custody Conciliar 3 CRAIG KULAWIECZ, Plaintiff v DEBRA X. NEUMAYER, Defendant PRIOR JUDGE: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2008-915 CIVIL ACTION -LAW IN CUSTODY MEMORANDUM TO THE COURT ADMINISTRATOR'S OFFICE The Conciliator estimates that the hearing in this case shall take one day. Date: May, 2012 ?/' Hubert X ilroy, Esquire Custo Conciliator 1i CRAIG R. KULAWIECZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA X. NEUMAYER, Formerly DEBRA X. KULAWIECZ, CIVIL ACTION - LAW Defendant NO. 2008-915 CIVIL TERM IN RE: CUSTODY ORDER OF COURT AND NOW, this 1st day of August, 2012, after hearing, all prior custody orders are vacated and replaced with the following: 1. The mother, Debra X. Nuemayer, and the father, Craig Kulawiecz, shall enjoy shared legal custody of Madison X. Kulawiecz, born June 13, 2000; Zatalya A. Kulawiecz, born October 19, 2002; and Chelsea R. Kulawiecz, born July 14, 2004. Either party shall have the authority to authorize medical or psychological treatment of the children so long as the other party is notified at least 48 hours in advance. Provided however, in an emergency situation such advance notification shall not be necessary. Provided further that in an emergency situation notification shall be made as soon as practical after the authorization for treatment is made but in no event later than 24 hours thereafter. 2. Mother shall have primary physical custody of the children. It appearing that the parties are unable to agree whether the children shall attend public school or be home-schooled, that decision shall be made by mother as the primary physical custodian after consultation with father. Father shall be entitled to full access to all records and progress reports for the children whether they are home-schooled or attend public school. 3. The father shall enjoy periods of partial physical custody with the children as follows: A. On alternating weekends from Friday at 3:30 p.m. until Sunday at 1:30 p.m. B. During the school year on alternating Fridays from 3:30 until Saturday at 5:00 p.m. During the summer on alternating Fridays from 9:00 a.m. until Saturday at 5:00 p.m. C. Such other times as the parties agree. 4. Neither parent shall smoke or allow the children to be exposed to smoke when they have the children in their custody. 5. Holidays shall be handled as follows: A. For the Thanksgiving holiday it is understood that mother will have custody of the children on the Friday after Thanksgiving, which is the traditional time that her family celebrates Thanksgiving. Assuming father is available on Thanksgiving Day, father shall always have custody on Thanksgiving Day. B. For the Christmas holiday and unless agreed otherwise by the parties, father shall always have the children on Christmas Eve for the entire day but shall return the children to mother that evening. The mother shall have the children for the evening on Christmas Eve through Christmas Day. C. Mother shall have every Easter commencing at 8:00 a.m. The other holidays consisting of New Year's Day, Memorial Day, July 4th, Labor Day, and Halloween shall be shared on an alternating basis from 9:00 a.m. until 7:00 p.m. except Halloween where the time shall be from 3:30 p.m. until 7:30 p.m. D. Each parent shall be entitled to custody of the children on the parent's birthday. 6. No party shall be permitted to relocate the residence of the child which significantly impairs the ability to exercise custody unless every individual who has custodial rights to the child consents to the proposed relocation or the court approves the proposed relocation. A person proposing to relocate MUST comply with 23 Pa. C.S. Section 5337. 7. The mother shall always have custody of the children on Mother's Day and the father shall always have custody of the children on Father's Day assuming it fits into the father's work schedule. This provision shall supercede any other provision. 8. Both parents shall have the opportunity for two non-consecutive, one-week vacation periods with the children. In the event a party wants to exercise this right, they must notify the other parent at least thirty days in advance and it is understood the parent who exercises this option first shall have priority. 9. The parties may modify or alter the custody schedule as they agree. In the event the parties cannot agree on any alteration, the parties must follow the custody schedule as set forth above. In the event the parties desire to modify the custody schedule as set forth above and are unable to reach an agreement, either party may petition the Court to have the case again scheduled with the custody conciliator for a conference. 10. The parties shall cooperate to see that Madison is immediately evaluated by the Pennsylvania Psychiatric Institute. Madison shall also begin a course of counseling forthwith with a counselor to be agreed upon by the parents. If the parents aren't able to agree, I will hear argument from counsel by conference call as to the qualifications and reasons for the counselor proposed by each party, and I will select one or the other. By the Court, Edward E. Guido, J. ! Julie A. Wehnert, Esquire For the Plaintiff VStacy B. Wolf, Esquire ? For the Defendant - :lfh j - E JiVf13EN & WfsfERT, LLC ,JULIE A. WEHNERT, ESQ. ATTORftiEY I.D. 307900 3461 f~Aarlcet Street, Suite 101 Camp Hill, PA 17011 (717) 73-3700 jawehnert~gmail. com iA{ , 11 AUG ~ 5 pp~ ~ : Q6 CUM q~v CQti~ T ~. ~ Y` ~t~1A Attorney for Plaintiff CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWiECZ, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-915 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CON~-~NT 1. A complain# in divorce under § 3301(c) of the Divorce Code was filed February 8, 2008. 2. The Complaint was served by certified mail signed for by Defendant on April 2~6, 2008. 3. The mamage of plaintiff and defendant is irre#rievably broken and at I~st (90) days have elapsed from the date of filing and service of the complaint. 4. I consent to the entry of a final decree of divorce after service of notice 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 Pa.C § 4904 relating to unsworn falsification to authorities. Date: ' C Kul z ~~~.E'.f?-Q~ FiCE ~'~= THE ~'R©TH~~1c~~'F~$'"°. JIVI(~N d~ 1ME~RT, LLC JULIE A. WEHNERT, ESQ. ATTORNEY Lf3 307900 3481 MarMcet Sisreet, Suite 101 Damp Hill, PA 17011 (717) 73-3700 jav~hn~ert~g mail. com CRAIG KULAWIECZ, Plaintiff, vs. DEBRA KULAWIECZ, Defendant. ~~11 AUG 15 PM I ~ fl5 CUh'I~EE~~af{D C~it1i'~ i Y PENt~SY~VANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-915 CIVIL ACTION -LAW IN DIVORCE WAIVER OF Nt3TICE OF INTENTION TO REQUE>~T ENTRY (~F A DIVORCE QE~R€~ UNDER ~ 33~1(c) (')F THE DIVC?RCE CODE 1. I consent to the entry of a final .decree in 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 fried with the Prothonotary. I verify that the statements made in this affidavit are true and understand that false statements herein are made subject to the penalties of 18 Pa.C § 4904 relating to unsworn falsecation to. authorities. Date: ~- ~y • ~ Z ` Craig Kul 'ecz f~ STACY B. WOLF, ESQUIRE ATT©RNEY ID NO.88732 10 WI.~ST' HIGH STREET CARI~$I.E PA 17013 ATTORNEY FOR DEFENDANT CRAIG >[LJLAWIECZ, : IN THE COURT OF COMMON PLEAS: OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVA- . .~ v. ('~1 N0.2008-915 CIVIL ~~ DEBRA HiILAWIECZ, ur Defendant : IN DIVORCE AND CUSTODY ~ ~ C 7•~' 2 --s: «a N S> C G'7 U7 'Z! {~ CJ7 A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in matter on or about February 8, 2008 and served upon defendant on or about February 26, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and more than days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to falsification to authorities. ~ 2012 DEBRA X. NEU>ViAYER (FORMERLY DEBRA BULAWIECZ) p , -iC ^~~ ...°, ~;,. ;~~s -~~: STACY B. woLF, ESQUIRE ATTORNEY ID NO. X732 11# BEST IiIG~I STREET CARLISLE PA 17013 (717) 241-1436 ATTORNEY FOR DEFENDANT CRAIG BULAWIECZ, v. PlaintiB' Defendant IN THE COURT OF COMMON FLEAS OF'3 CUMBERLAND COUNTY, PENNSYLY NO.2A08-915 CIVIL t~1~ ~ ~C _*, ... IN DIVORCE AND CUSTODY CD ~" t'> Z --~t '"F i --~ C ~ rr~ -o x ~~ Z ,m: t~ DEBRA KLJLAWIECZ, R1~_rerr.~ Asa 1\7~~+ri.r. ter. i~rti+rs~rn~*.rt~.r nr.r ~ra~.rrr~n'n "' 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, 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 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. f ~.~-'~-`- .2012 DEBRA X. NEUMAYER (FORMERLY DEBRA BULAWIEC2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA P ) � J UM8ERL J COUNTY Y CRAIG KULAWIECZ PENNSYLVANIA Plaintiff vs. No. 2008-915 DEBRA KULAWIECZ Civil 20 08 Defendant It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: torney for Pla ntiff (1-7)24R(1 Prothonotary DATED: 1((2.? (200 I, D 7✓„ °I b. Li.e , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, including the Master's fee. (744) .41/6---4--)el Prothonotary r' r , c..-' --rn j'tt JULIE A. WEHNERT, ESQ. v, `" , -. ^, ATTORNEY I.D. 307900 -. ms :a 3461 Market Street, Suite 101 `✓�� ? w_ (J._ Camp Hill, PA 17011 (717) 730-3700 >F jawehnert @gmail.com Attorney for Plaintiff ~' CRAIG KULAWIECZ, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. : NO. 08-915 DEBRA KULAWIECZ, : CIVIL ACTION — LAW Defendant, : IN DIVORCE ORDER OF COURT ADOPTING MASTER'S REPORT AND RECOMMENDATIONS AND NOW, this .2 /tad day of)SZCIAlid 2013, it is hereby ORDERED and DIRECTED that following Master's Recommendations be adopted as an Order of Court. RECOMMENDATIONS AS TO EQUITABLE DISTRIBUTION ASSETS AND VALUES ASSIGNED TO HUSBAND Husband's BCT Profit Sharing Plan $13,162.74 Husband's DWS Scudder IRA Account 5,604.56 Husband's Bimbo Bakeries USA Pension Plan 7,585.90 Half of Adams City Bank Joint Savings Account 7,099.28 2005 Dodge Truck 20,995.00 1994 Ford Explorer 0.00 Erie Insurance Proceeds 5,154.89 TOTAL $59,602.37 Less 3,909.17 Net to Husband $55,693.20 ASSETS AND VALUES ASSIGNED TO WIFE Net proceeds from sale of marital residence $79,829.81 Half of Adams City Bank Joint Savings Account 7,099.28 Adams City Joint Checking Account 1 500.00 TOTAL $88,429.09 ADDITIONAL MARITAL EXPENSES PAID BY HUSBAND TO WIFE See Finding of Fact Number 10 $3,909.17 Total Received by Wife $92,338.26 Less Counsel Fees awarded to Husband $2,000.00 Net total to Wife $90,338.26 Each party will keep the tangible personal property currently in his or her possession free of any claim of the other party. If any titles or documents are necessary to be signed to effectuate the transfer of any assets herein, provided the parties will cooperate in signing documents necessary to signing ownership. RECOMMENDATION AS TO ALIMONY Husband offered to pay wife $600.00 monthly for three years, then $400.00 monthly for two years, and finally $200.00 monthly for one year. The Master believes this is an appropriate arrangement for Wife's continued maintenance and support. Husband will also continue to provide health insurance for his children through his employment. The amount and duration of alimony as recommended by the Master shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. RECOMMENDATIONS AS TO ATTORNEY'S FEES The Master affirms his comments on the record that an asset case of around $148,000 should consume over $40,000 in combined attorney fees is egregious. Until the last part of the proceedings in this case, following the hearing on August 14, 2012, the Master was not inclined to comment on the attorney fee issue. However the parties and counsel left the Master's office on August 24, 2012, with an agreement which was reduced to writing. Husband's attorney prepared an agreement and at the request of Wife's counsel removed two items. It was not until a letter from Wife's counsel on January 25, 2013, that Husband was clearly advised that Wife would not sign the agreement. The matter languished for nearly six months despite repeated efforts from Husband's counsel to get a definitive response to why Wife would not sign the proposed agreement. The Master considers such conduct on Wife's part obdurate, vexatious, and particularly dilatory. The case could have proceeded to another hearing in conclusion within a month or two rather than waiting for Wife to respond six months later. The Master can only speculate that Wife's considerable delay only enhanced her interest in receiving support for herself. The speculation aside, the case should have moved forward long before the January 2013 hearing. Wife's delay created additional fees for Husband. Therefore, the Master recommends that Wife pay Husband $2,000.00 toward his counsel fees, such amount to be deducted from the $3,909.17 of marital expenses to be paid to Wife, reducing Husband's payment to $1,909.17 Wife's claim for counsel fees is denied. BYTHECCU J. rti { C iivi den+-1, 1nerf LLC Ma` yr ` ' ° 4-CLO-1 Looif, OfiP•les_i : IN THE COURT OF COMMON PLEAS OF CRAIG KULAWIECZ : CUMBERLAND COUNTY, PENNSYLVANIA • V. • • DEBRA KULAWIECZ • NO. 2008-915 DIVORCE DECREE 2 :�r /13 •G.M • AND NOW, DOCIOVACit 7 , /3 , it is ordered and decreed that CRAIG KULAWIECZ , plaintiff, and DEBRA KULAWIECZ , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By th- • s • /.r Attest: J. Ti AI ���� Prothonotary (er t mailed { LtAlreert, Nati c nl&r I d 'I-o a U) Py �1 Ma,1�� 1.119 (-3 JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3329 Market Street Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com +" iL}E[1 OFF IUE OF THE PRVTHQNO jr.;', 20111 AUG f4 ,Mii!48 CUMBERLAND COUNTY PENNSYLVANIA CRAIG KULAWIECZ, Plaintiff, vs. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 08-915 DEBRA KULAWIECZ, : CIVIL ACTION — LAW Defendant, IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over petitioner and respondent and the subject matter of this Order; and WHEREAS, petitioner, respondent and the Court intend that this Order shall be a Qualified domestic Relations Order (hereinafter referred to as a "QDRO") as defined in section 206 (d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and WHEREAS, petitioner and respondent have stipulated that the Court enter this Order. II. FINDINGS The Court finds as follows: 1. The parties hereto were married on May 22, 1999, and separated on or about February 8, 2008. This action was filed on February 8, 2008. 2. Craig Kulawiecz, Plaintiff herein, and hereinafter referred to as the "Participant," is an employee of Orograin Bakeries Mfg., Inc. 3. Participant is enrolled in the BCT Local 6 and Participating Employers Profit Sharing Plan, (the "Plan") with a vested account balance in the Plan. 4. Debra Kulawiecz, Defendant herein, and hereinafter "AlternatePayee," is the alternate payee under this Qualified Domestic Relations Order for the purposes of receiving distributions from the Plan. 5. Pursuant to this Order under Pennsylvania Domestic Relations Law and the Judgment of Divorce, Alternate Payee is entitled to a share of the vested account balance of Participant in the Plan. 6. The current and last known mailing address of the Participant is 163 Oak Flat Road, Newville, PA 17241. Social Security Number and date of birth of Participant is outlined in Addendum "A." 7. The current and last known mailing address of the Alternate Payee is 219 Red Tank Road, Boiling Springs, PA 17007. Social Security Number and date of birth of Alternate Payee is outlined in Addendum "A." 11. ORDER To accommodate the equitable distribution of marital property between the parties, and in accordance with the findings above, the Court orders as follows: 8. The Alternate Payee is hereby assigned $1,909.17 of the Participant's vested account balance in the Plan as of December 3, 2013. 9. After a determination is made by the Plan Administrator that this order is a qualified domestic relations order, and the Alternate Payee furnishes to the Plan Administrator any forms or documents which the Plan Administrator may require to effect payment, the Plan Administrator shall pay to the alternate Payee the amount award assigned hereunder in a lump sum rollover to Alternate Payee's IRA account. Alternate Payee's designated rollover location is set forth in Addendum "A." as soon as administratively feasible, or alternately, the award shall be segregated at the election of the Alternate Payee in any form permitted by the Plan. 10. If the Alternate Payee dies before she receives the portion of the Participant's vested account balance in the Plan to her, the amount assigned to her hereunder shall be paid in the form of a lump sum distribution to her estate or its successors or assigns as soon as administratively feasible, unless a beneficiary designation was received by the Plan. 11. The Participant and any person to whom he may become legally married shall have no further rights under the Plan with respect to the portion of his nested account balance assigned to the Alternate Payee hereunder. 12. The Alternate Payee shall have no further right or interest in or with respect to the Participant's account balance in the Plant except as provided herein. 13. The Plan and Plan Administrator thereof shall have no obligation or responsibility as a consequence of this action apart from the specific direction set forth in this Order. 14. In the event of a change in address of the Alternate Payee, she will immediately notify the Plan Administrator. 15. The Participant, the Alternate Payee and the Court intend this Order to be a Qualified Domestic Relations Order as defined in Section 414(p) of the Internal Revenue Code (IRC § 414(p)). 16. This Order f. Shall not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, g. Shall not require the Plan to provide increased benefits, and h. Shall not require the payment of benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 17. This Court retains jurisdiction to amend this Order for purposes of establishing or maintaining its qualifications as a Qualified Domestic Relations Order under IRC § 414(p). 18. IRC § 414(p) provides that no amendment to this Order shall require the Plan to provide any type or form of benefit or any option not otherwise provided, and further provides that no such amendment or the right of the Court to so amend shall invalidate this Order as "qualified" under IRC § 414(p). 19. The provisions of this Order supersede the provisions of previous orders and judgments in the instant action as so far as those provisions relate to the interest of the Alternate Payee in Participant's vested account balance under the Plan. 20. The provisions of this Order supersede the provisions of any prior agreement between the Participant and the Alternate Payee insofar as such agreement relates to the interest of the Alternate Payee in Participant's vested account balance under the Plan. 21. A certified copy of this Order shall be served upon the Plan by Julie A. Wehnert, counsel for the Participant, to Transamerica, Plan Administrator of the Plan, who shall: i. Promptly notify the Participant, the Alternate Payee and their counsel, whose addresses are listed below, of the receipt of a copy of this Order by the Plan Administrator; and j. Within a reasonable period of time after receipt of a copy of this Order, determine whether this Order is a Qualified Domestic Relations Order and so notify the attorneys for the Participant and the Alternate Payee. Counsel may serve this Order by first class mail. 22. Copies of notices shall be sent to the counsel for the Participant and the Alternate Payee at the following addresses: Participant's counsel: Julie A. Wehnert, Esq. Jividen & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Alternate Payee Debra Neumayer. 219 Red Tank Road Boiling Springs, PA 17007 23. The parties shall use their best efforts in taking such steps as shall be reasonable and appropriate to cause the Plan Administrator to comply with those provisions of this Order addressed to it WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. [SEAL] Plaintiff/P rticipant ey for the Plaintiff/Pa cipant tom.,tVeS,aArlikt1 Defendant/Alternate Pay COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,f,Min t2tdo,Aci [SEAL] ) SS: On this, the day of �� , 2014, before me, a Notary Public, the undersigned officer, personally appeared D ra Neumayer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. 1N WITNESS THEREOF, I hereunto set my hand and off Notary Pub COMMONWEAL - : ERE NSVLVA IA NOTARIAL SEAL DAR= A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Commission Expires November24, 2017 3 JULIE A. WEHNERT, ESQ. ATTORNEY I.D. 307900 3329 Market Street Camp Hill, PA 17011 (717) 730-3700 jawehnert@gmail.com CRAIG KULAWIECZ, Plaintiff, vs. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 08-915 DEBRA KULAWIECZ, : CIVIL ACTION — LAW Defendant, : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this /24a;') day of /' ugta , 2014, this matter having come before the Court on the attached Stipulation and Agreement, it is hereby Ordered that: " II. FINDINGS The Court finds as follows: 1. The parties hereto were married on May 22, 1999, and separated on or about February 8, 2008. This action was filed on February 8, 2008. 2. Craig Kulawiecz, Plaintiff herein, and hereinafter referred to as the "Participant," is an employee of Orograin Bakeries Mfg., Inc. 3. Participant is enrolled in the BCT Local 6 and Participating Employers Profit Sharing Plan, (the "Plan") with a vested account balance in the Plan. 4. Debra Kulawiecz, Defendant herein, and hereinafter "AlternatePayee," is the alternate payee under this Qualified Domestic Relations Order for the purposes of receiving distributions from the Pian. 5. Pursuant to this Order under Pennsylvania Domestic Relations Law and the Judgment of Divorce, Alternate Payee is entitled to a share of the vested account balance of Participant in the Plan. 6. The current and last known mailing address of the Participant is 163 Oak Flat Road, Newville, PA 17241. Social Security Number and date of birth of Participant is outlined in Addendum "A." 7. The current and last known mailing address of the Alternate Payee is 219 Red Tank Road, Boiling Springs, PA 17007. Social Security Number and date of birth of Alternate Payee is outlined in Addendum "A." 11. ORDER To accommodate the equitable distribution of marital property between the parties, and in accordance with the findings above, the Court orders as follows: 8. The Alternate Payee is hereby assigned $1,909.17 of the Participant's vested account balance in the Plan as of December 3, 2013. 9. After a determination is made by the Plan Administrator that this order is a qualified domestic relations order, and the Alternate Payee furnishes to the Plan Administrator any forms or documents which the Plan Administrator may require to effect payment, the Plan Administrator shall pay to the alternate Payee the amount award assigned hereunder in a lump sum rollover to Alternate Payee's IRA account. Alternate Payee's designated rollover location is set forth in Addendum "A." as soon as administratively feasible, or alternately, the award shall be segregated at the election of the Alternate Payee in any form permitted by the Plan. 10. If the Alternate Payee dies before she receives the portion of the Participant's vested account balance in the Plan to her, the amount assigned to her hereunder shall be paid in the form of a lump sum distribution to her estate or its successors or assigns as soon as administratively feasible, unless a beneficiary designation was received by the Plan. 11. The Participant and any person to whom he may become legally married shall have no further rights under the Plan with respect to the portion of his nested account balance assigned to the Alternate Payee hereunder. 12. The Alternate Payee shall have no further right or interest in or with respect to the Participant's account balance in the Plant except as provided herein. 13. The Plan and Plan Administrator thereof shall have no obligation or responsibility as a consequence of this action apart from the specific direction set forth in this Order. 14. In the event of a change in address of the Alternate Payee, she will immediately notify the Plan Administrator. r 15. The Participant, the Alternate Payee and the Court intend this Order to be a Qualified Domestic Relations Order as defined in Section 414(p) of the Internal Revenue Code (IRC § 414(p)). 16. This Order a. Shall not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, b. Shall not require the Plan to provide increased benefits, and c. Shall not require the payment of benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 17. This Court retains jurisdiction to amend this Order for purposes of establishing or maintaining its qualifications as a Qualified Domestic Relations Order under IRC § 414(p). 18. IRC § 414(p) provides that no amendment to this Order shall require the Plan to provide any type or form of benefit or any option not otherwise provided, and further provides that no such amendment or the right of the Court to so amend shall invalidate this Order as "qualified" under IRC § 414(p). 19. The provisions of this Order supersede the provisions of previous orders and judgments in the instant action as so far as those provisions relate to the interest of the Alternate Payee in Participant's vested account balance under the Plan. 20. The provisions of this Order supersede the provisions of any prior agreement between the Participant and the Alternate Payee insofar as such agreement relates to the interest of the Alternate Payee in Participant's vested account balance under the Plan.. 21. A certified copy of this Order shall be served upon the Plan by Julie A. Wehnert, counsel for the Participant, to Transamerica, Plan Administrator of the Plan, who shall: d. Promptly notify the Participant, the Alternate Payee and their counsel, whose addresses are listed below, of the receipt of a copy of this Order by the Plan Administrator; and e. Within a reasonable period of time after receipt of a copy of this Order, determine whether this Order is a Qualified Domestic Relations Order and so notify the attorneys for the Participant and the Alternate Payee. Counsel may serve this Order by first class mail. 22. Copies of notices shall be sent to the counsel for the Participant and the Alternate Payee at the following addresses: Participant's counsel: Julie A. Wehnert, Esq. Jividen & Wehnert, LLC 3461 Market Street, Suite 101 Camp Hill, PA 17011 Alternate Payee Debra Neumayer. 219 Red Tank Road Boiling Springs, PA 17007 23. The parties shall use their best efforts in taking such steps as shall be reasonable and appropriate to cause the Plan Administrator to comply with those provisions of this Order addressed to it fbedre lUed mayef v 4-- Oeti ti p-- LZ.L &'p es pit /t/ /d1//11 Cn sv c