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HomeMy WebLinkAbout08-5237IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, NO. 3 7 w+e`,k Plaintiff vs. CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base pars el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary,, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefono: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, Plaintiff vs. VICTORIA L. KOSCIENSKI, Defendant NO. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING BRIAN M. KOSCIENSKI, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Z [ OSCIENSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, Plaintiff VS. VICTORIA L. KOSCIENSKI, Defendant NO. Q- 3 7 c i ?_ CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 21st day of August, 2008, comes the Plaintiff, Brian M. Koscienski, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Brian M. Koscienski, is an adult individual who currently resides at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 2. The Defendant, Victoria L. Koscienski, is an adult individual who currently resides at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 3. The Plaintiff and Defendant were married on or about September 20, 2008. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests this Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 9. The preceding paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the final divorce decree. COUNT III REQUEST FOR CUSTODY UNDER §1915.15 AND §1920.32 OF THE DIVORCE CODE 12. The preceding paragraphs are incorporated herein by reference as though set forth in full. 13. The Plaintiff is Brian M. Koscienski, residing at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 14. The Defendant is Victoria L. Koscienski, residing at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 15. The Plaintiff seeks shared custody of the following child, a son: Maverick R. Koscienski, 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011; eight years old; date of birth: May 2, 2000. 16. The child was not born out of wedlock. 17. The child is presently in the joint custody of Brian M. Koscienski and Victoria L. Koscienski, who reside at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 18. During the past five years and since the birth of the child until the present, the child has resided with both Brian M. Koscienski and Victoria L. Koscienski at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 19. The mother of the child is Victoria L. Koscienski, currently residing at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. She is married to the Plaintiff. 20. The father of the child is Brim M. Koscienski, currently residing at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. He is married to the Defendant. 21. The relationship of Plaintiff to the child is that of father. The plaintiff currently resides with the following persons: (a) Victoria L. Koscienski -- spouse (b) Maverick R. Koscienski -- son 22. The relationship of the Defendant to the child is that of mother. The Defendant currently resides with the following persons: (a) Brian M. Koscienski -- spouse (b) Maverick R. Koscienski -- son 23. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 24. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 25. Plaintiff does not know of a person not a party to the proceedings who has physical • custody of the child or who claims to have custody or visitation rights with respect to the child. 26. The best interest and permanent welfare of the child will be served by granting the relief requested because the child will benefit by having the closest possible relationship with both parents. 27. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant shared custody of the child to the father and mother, or such other custody arrangement as the Court determines to be in the best interests and permanent welfare of the child. Respectfully submitted, GEsquire i Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 VERIFICATION s I, BRIAN M. KOSCIENSKI, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. c Date: 8-21-08 t^-? ?4J ra C`' 't"1 l C _y v J n c a a ti > . I%. Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merb ,dcdlaw.net BRIAN M. KOSCIENSKI, Plaintiff, V. VICTORIA L. KOSCIENSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2008-05237 CIVIL ACTION IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, Victoria L. Koscienski, per her request. Respectfully Submitted, Date: / do, Mel e L. Erb Attorney ID 4 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Plaintiff BRIAN M. KOSCIENSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2008-05237 VICTORIA L. KOSCIENSKI, CIVIL ACTION Defendant IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on his date, a true a correct copy of the forgoing Praecipe was served by first class mail upon the following: G. Patrick O'Connor Attorney At Law 3105 Old Gettysburg Road Camp Hill, PA 17011 Date: M/ d el e L rb ?... ?? 'T ?"3 '? ?"8`? _ ? ' ? !" . T? -,? ?-! _ _J ?1•., r y. `?1?d y ?_` ?,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, Plaintiff/Petitioner VS. VICTORIA L. KOSCIENSKI, Defendant/Respondent No. 2008-5237 Civil Civil Action -- Law In Divorce Custody P - r N cn r PETITION FOR ENTRY OF AGREEMENT 1. The Petitioner is Brian M. Koscienski, an adult individual who resides at 3704 Hartzdale Drive, Camp Hill, Cumberland County, PA 17011. 2. The Respondent is Victoria L. Koscienski, an adult individual who resides at 1705 Carlisle Road, Camp Hill, Cumberland County, PA 17011. 3. The parties are the natural parents of son Maverick R. Koscienski, nine years old, date of birth: May 2, 2000. 4. On June 29, 2009, the parties entered into an agreement regarding shared custody of the Child, which is attached hereto and incorporated herein as Exhibit "A." 5. The best interest of the Child will be served by the Court's entering said custody stipulation as set forth as Exhibit "A" as an Agreement of Court. WHEREFORE, Plaintiff/Petitioner requests this Court to approve the foregoing stipulation and make it an Agreement of Court. Respectfully submitted, DATED: ,--'G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, Pennsylvania 17011 Telephone: 717-737-7760 I.D. No. 64720 Attorney for Petitioner EXHIBIT "A" CUSTODY AGREEMENT THIS AGREEMENT made and entered into this 2G day of Ju rP-- 2009, by and between BRIAN M. KOSCIENSKI, of Cumberland County, Pennsylvania, (hereinafter known as "Father"), and VICTORIA L. KOSCIENSKI, of Cumberland County, Pennsylvania, (hereinafter known as "Mother") WHEREAS, Mother and Father are desirous of providing for the shared custody of their minor child, MAVERICK R. KOSCIENSKI, born May 2, 2000, (hereafter known as "Child"); and NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration of the promises and covenants herein contained and intended to be legally bound hereby, it is agreed by and between the parties hereto as follows: The parties hereto agree that the parties shall have joint legal custody of the Child. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Child, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a Child's school, medical, dental and other important records. As soon as practical after the receipt by a party, copies of the Child's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of a Child with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving a Child's day to day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement. Physical custody of the Child, as that term is defined in the Custody Act, shall be shared equally between the Father and the Mother, with each having physical custody as follows: ALTERNATING ONE-WEEK CYCLES: Each parent shall have custody for alternating one-week periods. Each weekly cycle shall start on Sunday at 9:00 p.m. and continue for 7 days until Sunday at 9:00 p.m., at which time physical custody of the Child shall be transferred to the other parent. The other parent's period of custody shall then continue for a similar one-week period. The weekly cycles shall continue throughout the entire year. ALTERNATE HOLIDAYS: Each parent shall have the right of custody on alternate holidays throughout the year, the holidays being: Easter Sunday, Memorial Day, the Independence Day holiday, Labor Day and Thanksgiving. In odd numbered years, Mother shall have custody on Easter Sunday, the Independence Day (July 4th) holiday and Thanksgiving from 7:00 p.m. on the evening before the holiday until 7:00 on the day of the holiday. In odd numbered years, Father shall have custody on the Memorial Day holiday and on the Labor Day holiday from 7:00 p.m. on the evening before the holiday until 7:00 on the day of the holiday. In even numbered years, Mother shall have custody on the Memorial Day holiday and on the Labor Day holiday from 7:00 p.m. on the evening before the holiday until 7:00 p.m. on the holiday. In even numbered years, Father shall have custody on Easter Sunday, the Independence Day (July 4th) holiday, and on Thanksgiving from 7:00 p.m. on the evening before the holiday until 7:00 on the day of the holiday. CHRISTMAS: In odd numbered years, MOTHER shall have the right of custody each Christmas season, from 12:00 noon on the day before Christmas (Christmas Eve) until 12:00 noon on Christmas Day. In odd numbered years, FATHER shall have the right of custody of the Child from 12:00 noon on Christmas Day until 12:00 noon on the day after Christmas (December 26th). In even numbered years, FATHER shall have the right of custody each Christmas season, from 12:00 noon on the day before Christmas (Christmas Eve) until 12:00 noon on Christmas Day. In even numbered years, MOTHER shall have the right of custody of the Child from 12:00 noon on Christmas Day until 12:00 noon on the day after Christmas (December 26th). MOTHER'S DAY AND FATHER'S DAY: Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 in the morning until 8:00 in the evening. HOLIDAYS A PRIORITY: Holidays and other special days set forth above in this Agreement are a priority and shall take precedence over other custody periods provided by the normal one- week custody cycles. In the event that all or part of a holiday period set aside for one parent falls within the normal weekly cycle provided to the other parent, the parent who would otherwise have custody must relinquish custody to the parent who is entitled to have custody by virtue of the holiday or special day, as provided in this Agreement. TRANSPORTATION: Unless otherwise provided for in this Agreement, transportation of the Child shall be shared by the parties, with the parent who is to receive custody at the time of exchange to provide for transportation from the residence of the other parent. Transportation shall be provided only by one of the parties to this Agreement, unless mutually agreed otherwise. At all times, the Child shall be secured in appropriate passenger restraints. No person transporting the Child shall consume alcoholic beverages prior to transporting the Child. No person transporting the Child shall be under the influence of any alcoholic beverages while transporting the Child. LATE FOR EXCHANGE: In the event any party is more than 30 minutes late for a scheduled custody exchange, in the absence of a telephone call or other communication from the parent picking up the Child, the other party may assume that the parent who is late has chosen not to exercise custody on that day. A period of 24 hours of custody shall be forfeited, and the parent retaining custody will be free to make other plans with the Child for the following 24 hours. EXTRACURRICULAR ACTIVITIES: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. The parties are directed to honor and participate in the activities that a Child wishes to engage in. During the times that the parents have custody of the Child, they will make certain that the Child attends any extracurricular activities. The parties are directed to be supportive of the activities and will transport the Child to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the Child is able to participate in those events. Neither parent, however, shall commit a Child to any activity unless the Child definitely desires to attend that activity. Participation in activities which take place during the school year is contingent upon the Child maintaining passing grades in school. Neither parent shall commit a Child to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If a Child is involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the Child to the activity. However, the custodial parent shall not be required to take a Child to that activity if the custodial parent and Child are out of town during that activity, for a previously scheduled vacation. In the event that the custodial parent is unable to deliver a Child to the particular activity, the parent who has custody of the Child at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Child to the designated activity. The custodial parent shall make certain that the Child is ready for pickup in time sufficient to enable the Child to timely attend the activity. Should the custodial parent elect not to take the Child to a defined activity period for two times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Child to that activity until appropriate transportation is provided. TELEPHONE CALLS: Both parties are expected to use common sense in scheduling telephone calls to talk to the Child. Both parties are hereby directed to refrain from preventing the parent who may be calling from talking to a Child, or preventing a Child from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt a Child's schedule. DISPARAGING REMARKS: Each parent and any third party in the presence of the Child shall take all measures deemed advisable to foster a feeling of affection between the Child and the other parent. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange a Child from the other parent, their spouse or relatives, or injure a Child's opinion of the other parry or which may hamper the free and natural development of a Child's love and respect for the other parent. The parties shall not use a Child to send verbal messages to the other parent about the custody situation or changes in the custody schedule. FINANCIAL CARE OF THE CHILD: In the event that a significant matter arises with respect to the medical care, education, or financial care of the Child, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either parent. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the Child's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Child's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Child and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Child will be for a period in excess of forty-eight hours, and for each person or entity which may provide day care for the Child, excluding current day care providers, relatives, or public school institutions. The parties shall communicate with each other by telephone or other method of communication, at least one time per week for a minimum of fifteen minutes, and shall discuss only matters concerning the Child. The parties agree to establish Wednesday at 9:15 p.m. as the day and time for the communication, and will direct FATHER to initiate the communication. The date and time shall only be changed upon mutual agreement of the parties. ILLNESS OF A CHILD: Emergency decisions regarding the Child shall be made by the parent then having custody. However, in the event of any emergency or serious illness of any Child at any time, any party then having custody of the Child shall immediately communicate with the other party by telephone or any other means practical, informing the other parry of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. The term "serious illness" as used in this Agreement shall mean any disability which confines the Child to bed for a period in excess of seventy-two (72) hours and which places the Child under the direction of a licensed physician. WELFARE OF CHILD TO BE CONSIDERED: The welfare and convenience of the Child shall be the prime consideration of the parties in any application of the provisions of this Agreement. Both parents are directed to listen carefully and consider the wishes of the Child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. SMOKE / DRINK / ILLEGAL SUBSTANCES: No parry shall smoke in any part of a confined area with the Child present and neither party shall permit another person to smoke in any part of a confined area with the Child present. No party shall drink alcoholic beverages to excess or consume illegal substances when in the presence of the Child. RIGHT OF CUSTODY IS PERSONAL: The right to custody is personal to Father and Mother. Father and Mother is to be present with the Child at all times set forth for exercising custody. Father may refuse to allow any person other than Mother to pick up the Child for custody. Mother may refuse to allow any person other than Father to pick up the Child for custody. In the event Mother cannot exercise the right of custody, notice shall be given to Father as soon as practicable under the circumstances. In the event Father cannot exercise the right of custody, notice shall be given to Mother as soon as practicable under the circumstances. MODIFICATION OF AGREEMENT: The parties are free to modify the terms of this Agreement but both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or schedule shall be. In the event that one or the other parent does not consent to a change, that does not mean each follows their own idea as to what they think the arrangements should be. In the event of a disagreement in regard to custody arrangement, both parties must refer to this Agreement and have this agreement govern their relationship with the Child and with each other. LEGAL COUNSEL: The Father is represented by G. Patrick O'Connor, Esquire. The Mother has had ample opportunity to seek the advice of legal counsel of her choice. Each of the parties agrees that he or she has entered into this Agreement with a complete understanding of the contents thereof. AGREEMENT OF THE COURT: The parties agree that this Agreement shall be entered as an Order of Court and shall continue in full force and effect until [a] further Order of Court, or [b] Agreement of the parties. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. APPLICABLE LAW: The parties agree that, regardless of the Child's residence or provisions of the Uniform Child Custody Jurisdiction Act, Pennsylvania shall retain jurisdiction over the custody of the minor Child as long as one or both parents reside within the Commonwealth. BINDING EFFECT: This Agreement shall be binding upon the respective parties, their heirs, executors, administrators, successors and assigns. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements or negotiations between them. IN WITNESS THEREOF, the parties have hereunto set their hands and seals on the day and year first above written. (SEAL) M. KOSCIENSKI VICTO A L. KOSCIENSKI COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND On this, the day of -J;ilVe , 2009, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared BRIAN M. KOSCIENSKI, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .TH OF PENNSYLVANIA MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 Notary Public COMMONWEALTH OF PENNSYLVANIA) . SS. COUNTY OF CUMBERLAND ?- On this, the a day of ???/C?' , 2009, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared VICTORIA L. KOSCIENSKI, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA >"(SEAL) OTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County Notary Public My Commission Expires June 15, 2010 PM IN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, NO. 08-05237 Civil Plaintiff vs. : CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Victoria L. Koscienski, Defendant herein, do depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action on the 6 ;"A day of September, 2008, and I accept same by my signing below. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: VICTORIA L. KOSCIENSKI ?rt?LM-?;t ICE S [ Ic P C nNfOTARY 2009 AUG 17 PM 2: 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, NO. 2008-05237 Plaintiff vs. CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE BRIAN M. KOStIENSKI, Plaintiff RLED-CMCE OF THE- PP Tf *NOTARY 2009 AUG 17 FM 2: 14 Cut'<J ?,il+1f?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, NO. 2008-05237 Plaintiff vs. CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: -•--`AN M:'KOSCIENSKJ, Plaintiff t F?,cLI-?,?rf?'E OF T?E Pt v; ?ryONOTAAAY 2009 AUG 17 PM 2: 14 CWI,D :v ajm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, Plaintiff VS. : NO. 2008-05237 CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE. VICTORIA L. KOSCIENSKI, Defendant OF THE PLED-OFFICE Pf?)THO?VOTARY 2009 AUG 17 rid 2: 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, Plaintiff VS. NO. 2008-05237 VICTORIA L. KOSCIENSKI, Defendant CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: VICTORIA L. KOSCIENSKI, Defendant FILED-CIFFLE OF THE FrICITH NMARY 2009 AUG 17 PM 2: 14 Cut,?? a sir -, ?3? SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this ?-2 day of _ J'i zn ° , 2009, by and between BRIAN M. KOSCIENSKI, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband," and VICTORIA L. KOSCIENSKI, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on September 20, 1997, and separated on August 20, 2008; WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 2. NON-INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and 2 shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request: or use that as a basis to overturn this Agreement or any part thereof. 5. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. REAL ESTATE. The marital residence is a single family home located at 3704 Hartzdale Drive, Camp Hill, Pennsylvania, 17011, hereinafter referred to as "Real Estate." The Real Estate is currently deeded in the Husband's name. Husband intends to list the Real Estate for sale and sell it as a commercial property. If the Real Estate is not sold by March 4, 2010, then Husband and Wife shall meet to determine if pursuit of a commercial listing is appropriate. If it is decided that it is not appropriate, the property shall be listed for sale as a residential property if both parties agree. At the time of the Real Estate settlement, all liens against the Real Estate and all expenses of selling the Real Estate shall be paid. Husband shall receive all the remaining net proceeds up to one hundred thousand dollars ($100,000.00). Any and all net proceeds exceeding one hundred thousand dollars ($100,000.00) shall be divided equally by and between the parties, except if major repairs are required, as provided below. However, in the event that Husband incurs any additional debt for which the house is collateral, from this date forward, the amount of money necessary to satisfy that debt at settlement shall be deducted from Husband's share of the settlement proceeds. Paviment of Mortgage, Taxes and Other Expenses. Until such time as the Real Estate is sold and the Real Estate settlement is concluded, Husband shall be solely responsible for paying the monthly mortgage obligation, taxes, utilities, expenses for minor repairs and other minor expenses necessary to maintain the real estate and prepare it for sale and for the real estate settlement. In the event that any major repairs or major expenditures are required in order to sell the real estate, Husband shall pay for the rnajor repairs or expenses and recoup that amount from the sales proceeds of the Real Estate before any remaining proceeds are divided between Husband and Wife. Major expenditures shall be defined as those exceeding $500.00 total. Wife shall be extended the opportunity to review the repairs before the expenses are deducted from the proceeds in order to verify that the 4 repairs claimed by Husband were made. Cash Payment to Wife. At such time as Wife executes an Affidavit of Consent to the divorce, (which can be provided to her 90 days following her receipt of the Divorce Complaint), Husband shall provide to the Wife a lump sum payment of ten thousand dollars ($10,000.00) in consideration for Wif:'s cooperation in the sale of the Real Estate and distribution of funds as provided in this Paragraph. Wife acknowledges that Husband has paid five thousand dollars ($5,000.00) to date for her cooperation in the Sale of the Real Estate. B. RETIREMENT ACCOUNTS AND PENSION PLANS. Each of the parties has a 401(k) retirement account and may have other retirement or pension plans. Except as otherwise provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her 5 pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. C. MOTOR VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: Wife's Vehicle. Wife shall retain the 1997 Pontiac Grand Am, and it shall be and remain her sole and separate property. Husband's Vehicle. Husband shall retain the 1991 Buick Century, and it shall be and remain his sole and separate property. Liens. In the event that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Waiver. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. D. DISTRIBUTION OF CASH ASSETS STOCKS AND BONDS. The parties have cash assets which include joint marital bank account(s) and individual bank accounts, as well as stock brokerage and insurance account(s). The parties agree to divide equally all funds remaining in the joint bank account(s) after payment of joint expenses from that account(s). The parties further agree that they shall retain as 6 their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such funds or accounts otherwise designated in this Agreement. E. HOME FURNISHINGS AND PERSONAL EFFECTS. At the time of separation, the parties owned various household goods, furniture, furnishings, personal possessions located in the marital home. Wife shall receive her choice of household goods, contents, furniture and furnishings presently located in the master bedroom, living room and Wife's office. Husband shall receive his choice of household goods, contents, furniture and furnishings presently located in Husband's office and the room known as the "spare room." All other household goods, contents, furniture and furnishings, and personal effects shall be divided by mutual consent. Each party shall remove the household goods, furniture and furnishings, personal effects and other contents that he or she receives at least one-week prior to the Real Estate settlement for the house. Husband relinquishes and disclaims any and all ownership, right, title and interest to the items provided to Wife and agrees that Wife shall be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title and interest to items provided to Husband, and agrees that Husband shall be and remain the sole and separate owner of same. 7 6. COUNSEL FEES AND COSTS. The parties acknowledge that they each have sufficient resources to pay for their legal expenses. Each party agrees to take complete responsibility for his or her own attorney's fees, costs and expenses incurred with respect to the negotiation of this property settlement agreement and the divorce proceeding related thereto. Each party hereby waives any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 7. DEBTS. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations, including student loans and credit card debt. It is hereby agreed, without ascertaining for what purpose and to whose use each of the marital debts were incurred, that Husband shall be responsible for paying remaining balances on all marital debts, except Wife's student loan and the single credit card which is solely in Wife's name. General Provisions. Any debt herein described shall be deemed to include the current balance owed on the debt, even that debt incurred past the date of separation, up to the date of this Agreement. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the marital debts that a party may have made prior to the execution of this Agreement, whether or not that debt is specifically referenced in this Paragraph. 8. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. The parties acknowledge that each has income and assets satisfactory to meet his or 8 her own reasonable needs. Each party waives any claim he or she may have against the other for alimony, spousal support or alimony pendente lite. 9. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 10. INCOME TAX RETURN. In the event that any federal income tax is owed for 2008, or for any years in which a joint federal income tax return was filed prior to the execution of this Agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for 2008, or for any years in which a joint federal income tax return was filed prior to the execution of this Agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 11. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 7, above, each of the parties hereto covenants and. agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 9 12. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 13. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente 1 ite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 14. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or 10 jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry or cohabitate, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 15. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 16. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 17. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Husband will pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. 18. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefor shall not be dischargable in bankruptcy, should either party file for protection under the :Bankruptcy Code at any time after the date of execution of this Agreement. 12 19. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 20. BREACH OF AGREEMENT. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Husband has engaged the services of G. Patrick O'Connor, Esquire, and Wife has engaged the services of Melanie L. Erb, Esquire, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each 13 of them, and that the execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 22. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 23. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: _ (SEAL) j' BRIAN CIENSKI _(SEAL) VICTO A CIENSKI COMMONWEAL 1! i C; = fENNSYLVANiA Not<ri ?i Seal Cathy L Youngb&),j, ^lotary Pubic i' Lemoyne Soro, Cumberland County MY Commission ?ixuu?s June 22, 2010 I l mhe {'c.ran s ?Aen of Notaries &I 4n 14 2 AUG' 17 FM 2*. 14 4t .r+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, NO. 2008-05237 Plaintiff vs. CIVIL ACTION - LAW VICTORIA L. KOSCIENSKI, : Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Mailed by regular 1st class mail and received by Defendant on September 6 2008 3. [Complete either paragraph (a) or (b).] (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff July 23, 2009; by Defendant: Au ust 14, 2009. (b) Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code: and, date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None. All economic claims have been settled. 5. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(I) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(c) of the Divorce Code , or, date of execution of waiver of Notice of Intent and date of filing: Plaintiff s Waiver of Notice was executed on Jul 23 2009, and filed with the Prothonotary contemporarily herewith Defendant's Waiver of Notice was executed on August 14, 2009 and filed with the Prothonotary contemporarily herewith Patrick O'Connor, Esquire Attorney for Plaintiff OF TKE F) ` ;'lY,1 7ARY 2009 AUG 2 1 Ail I i: I i AUG 18 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN M. KOSCIENSKI, No. 2008-5237 Civil Plaintiff vs. Civil Action -- Law VICTORIA L. KOSCIENSKI, In Divorce Defendant Custody ORDER AND NOW, TO WIT, this /6 'day of August, 2009, upon consideration of the attached Petition for Entry of Agreement, it is hereby ORDERED and DECREED that the custody agreement dated the 29th day of June, 2009, is adopted as an Order of Court and the parties are bound thereby. BY THE COURT: RLE)--:)?'FCE OF THE FR Tpr 1\10 €tY 2009 AUG 19 AM 8: 4 3 KNNMVANA a ?} V. Kara ?sk.? BRIAN M. KOSCIENSKI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. VICTORIA L. KOSCIENSKI NO. 2008-05237 DIVORCE DECREE By the Court, AND NOW, ft-r vo", zow , it i3 ordered and decreed that BRIAN M. KOSCIENSKI VICTORIA L. KOSCIENSKI bonds of matrimony. plaintiff, and defendant, are divorced from the 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 cl 3ims are as follows: (If no claims remain indicate "None.") None. The Separation and Property Settlement Agreement entered into by the parties on June 22, 2009 shall be incorporated but not merged into this Decree. Atte J. 04 7roth onot ry al 'ale