Loading...
HomeMy WebLinkAbout09-1705• 9 CHERI KOCISKO, Plaintiff V. PHIL KOCISKO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. Oq - / 70.5 11 Ter P- CIVIL ACTION - DIVORCE/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 of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 A s CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. PHIL KOCISKO, CIVIL ACTION DIVORCE/CUSTODY Defendant DIVORCE COMPLAINT WITI4 CUSTODY CLAIM The Plaintiff, Cheri Kocisko, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff, Cheri Kocisko, is an adult individual who currently resides at 230 Edenderry Way, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Phil Kocisko, is an adult individual who currently resides at 230 Edenderry Way, Enola, Cumberland County, Pennsylvania 17025. 3. The Parties have been bona fide residents of the. Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The parties were married on July 3, 1999, in Parma, Ohio. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. COUNT II - EQUITABLE DISTRIBUTION - § 3502(a) 9. Paragraphs one (1) through eight (8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage, the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Plaintiff respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors and thereby enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT III - CUSTODYMSITATION - § 5303 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. There are two dependent children to this marriage as follows: Jake Kocisko, born July 19, 2003 (age 5) and Caitlyn Kocisko, born July 6, 2007 (age 1). The children were not born out of wedlock. 13. The Plaintiff seeks primary physical custody of.the minor children of this marriage. 14. The minor children are presently in the custody of the both the Plaintiff and the Defendant, who reside at 230 Endenderry Way, Enola, Cumberland County, Pennsylvania 17025. 15. During the past five years, the children have resided at the following address with the following persons: Dates: 2007 - present Addresses: 230 Endenderry Way Enola, Pa List All Persons: Mother, Cheri Kocisko Father, Phil Kocisko 2003 -2007 97 Regal Lane East Peoria, Illinois Mother, Cheri Kocisko Father, Phil Kocisko Y 16. The Mother of the children is the Plaintiff, currently residing at 230 Endenderry Way, Enola, Cumberland County, Pennsylvania 17025. She is married to the Defendant. 17. The . Father of the children is the Defendant, currently residing at 230 Endenderry Way, Enola, Cumberland County,, Pennsylvania. He is married to the Plaintiff., 18. ? The relationship of plaintiff to the children is that of natural mother. She currently resides with the Defendant and the children. 19. The relationship of Defendant to the children is that of natural father. He currently resides with the Plaintiff and the children. 20. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 21. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 22. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 23. The best interest and permanent welfare of the children will be served by granting the relief requested, because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs. b. Plaintiff is willing to continue custody of the children. c. Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 24. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation, and therefore no notice will be given of the pendency of this action and the right to intervene, save as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this Honorable Court approve any settlement. reached between the parties; or, in the event they are unable to reach a settlement, grant the Plaintiff rights of legal custody and primary physical custody. COUNT IV - SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 25. Paragraphs one (1) through twenty-four (24) of the Divorce Complaint are incorporated herein by reference as if set forth specifically below. 26. Plaintiff is unable to sustain herself during the course of litigation. 27. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701(a) and 3702 of the Divorce Code. Respectfully Mar1m,115. M ey, Esquire Law Offices f Patrick F. Lauer, Jr., L.L.C. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date:L? 2?0? 1D# 84745 Tel. (717) 763-1800 CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. PHIL KOCISKO, : CIVIL ACTION - DIVORCE/CUSTODY Defendant I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. l q ("; Date: `? I ^ Cheri Kocisko f- a Q ? ? u2 C n r _. ...E .. rw c3 OJ -., 4.11 W CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 09-1705 Civil Term PHIL KOCISKO, CIVIL ACTION - DIVORCE/CUSTODY Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by first class, certified mail # 7002-2410-0002-0986-0812, restricted delivery, return receipt requested, prepaid postage, pursuant to the requirements of Pa. R.C.P. 1930.4. ¦ Coh+pNM 1" - 1, t and & Air Rem 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach t1 is card to the back of the mailpiece, or on I front IF space permits. X 1. ArdcWWressed to: OW-d ?joc.l S K o a3 Se-n lerf 4 -01-1 E,o to, 'PA 1 -1 DZ5 Ddkwy B. Received by (Printed Name) C. Date P-01 D. If delivery address dttf erWe If YES, enter ?No 1. DELIVERY 3. Ice lMe Ceitilled Mail ? Express Mail O Registered ? Return Receipt for Mercharign ? Insured Mail ? C.O.D. 4. Restricted Delivery't (Extra Fee) Yes 2. Article Number 7002 2410 0002 0986 0812 Pa Fown 1, Fabnw y 0W4 nortrwtlc Rerun R.o.ipt toaatsart t?+iwo Respect ?,rMarlin ey, Es O s of Patrick F. Lauer, Jr., LLC 2108 ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: 312-4b D J ID# 84745 Tel. (717) 763-1800 Y ? CHERI KOCISKO, Plaintiff/Petitioner V. PHIL KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 09-1705 -Civil Term : CIVIL ACTION - IN DIVORCE/CUSTODY PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Cheri Kocisko, by and through his attorney, Marlin L. Markley, and files this Motion and in support thereof, avers as follows: 1. Petitioner, Cheri Kocisko is an adult individual residing at 520 Peppercorn Square, Enola, Cumberland County, Pennsylvania. Petitioner's date of bith is September 3, 1971, and her social security number is 287-74-2653. Respondent, Phil Kocisko is an adult individual residing at 230 Edenderry Way, Enola, Cumberland County, Pennsylvania. Respndent's date of bith is December 1, 1974, and his social security number is 270-70-8172. 2. The petition of Cheri Kocisko respectfully represents that on March 18, 2009, Petitioner filed Divorce Complaint including a Count for Spousal Support and/or Alimony Pendent Lite, and Alimony. A copy of the Divorce Complaint is attached to this petition. WHEREFORE, Petitioner requests that the Court order alimony pendente lite. Respectfully subqlitted, Date: 3 - 3 © _Z 00Marlrfi Markley, Esquire Law O ces of Patrick F. (Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 CHERI KOCISKO, Plaintiff/Petitioner V. PHIL.KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1705 -Civil Term CIVIL ACTION - IN DIVORCE/CUSTODY VERIFICATION I verify that the statements made in this Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. r}, Date: Signatur Cheri "Kocisk: r CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. (q-0as Civcl lelrwq PHIL KOCISKO, CIVIL ACTION - DIVORCE/CUSTODY Defendant NOTICE TO DEFEND AND CLAIM RIGHTS . You have been sued in court... If you wish to defend against the:..claims..set.forth iii the, following pages, you must take.prompt action. You are warned that if you..fail. toAo so, the. case- : may proceed without you, and a decree.: of divorce, or annulment.may be entered against you by the. . court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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 CLAIM ANY OF. THEM: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE- YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249=3166 ,- o 7 N C) rn ...j . C1't ?.. , '17 W -< CHERI KOCISKO, - . Plaintiff V. PHIL KOCISKO, • Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION DIVORCE/CUSTODY DIVORCE COMPLAINT WITH CUSTODY CLAIM The Plaintiff, 'Cheri Kocisko, by. and throiigh her attorneys, The Law Offices of Patrick F. Lauer, Jr., L1.C., makes the following Complaint in Divorce: COUNT I - NO-FAULT DIVORCE - §§ 3301(c) or 3301(d) 1. The Plaintiff; Cheri Kocisko, is an adult individual who currently resides at 230 Edenderry Way,, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant,' Phil Kocisko, is an adult individual who ' currently resides at 230 Edenderry Way, Enola, Cumberland County, Pennsylvania 17025. 3. The Parties have been bona fide residents of the. Commonwealth of Pennsylvania for at least six-months immediately prior to the filing of this Complaint: 4. The parties were married on July 3, 1999, in Parma, Ohio. 5. There have been no prior'actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the. court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court enter a Decree of Divorce in this matter. A COUNT. H - EQUITABLE DISTRIBUTION § 3502(x) 9. Paragraphs one (1) through eight .(8) of this Complaint are incorporated herein by reference as if set forth specifically below. 10. During the course of the marriage,- the parties acquired property and incurred debt, titled jointly, individually, or both, which remains in the possession of the individual parties. WHEREFORE, the Plaintiff, respectfully requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion, asthe Court deems just after consideration of all relevant factors and thereby enter anorder of equitable, distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT III - CUSTODYNISITATION - § $303 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. .12. There are:two dependent children to this marriage as follows: Jake Kocisko, born July 19, 2003 (age-5) and Caitlyn Kocisko, born July 6, 2007 (age 1). The children were not born out of wedlock. 13. The Plaintiff seeks primary physical custody'of the minor children of this marriage. 14: Jhe minor children are presently in the custody of the both the. Plaintiff and the Defendant, who reside at 230 Endenderry Way, Enola, Cumberland County, Pennsylvania 17025. 15. During the past five years, the children have-resided at the following'address with the following persons: Dates: Addresses: 200.7 -present 230 Endenderry Way Enola, Pa 2003 - 2007 ' 97 Regal Lane. East Peoria, Illinois List All Persons: Mother, Cheri Kocisko Father, Phil Kocisko Mother, CheriKocisko Father, Phil Kocisko 16. The Mother of the children is the Plaintiff, currently residing at 230 Endenderry Way, Enola, Cumberland County, Pennsylvania 17025. She is married to the Defendanf. 17. The .Father of the children is the Defendant, currently residing at 230 Endenderry Way, Enola, Cumberland :County, Pennsylvania:. He is married.to;the Rlaintiff. '.18.: ..; The reiationslip'of Plaintiff to the children is that of natural mother. She currently resides.-with the Defendant: and the.childien. 19. The relationship. of Defendant to the children, s.that of natural father. He currently resides with the Plaintiff and the children. 20.. The Plaintiff `has. not. participated as a -party 'or. witness, or in another capacity, in other litigation concerning the custody of the children in this or another court.. . 21 The Plaintiff has no information of a custody, proceeding concerning the children pending in a court of this Commonwealth. M. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect. to the children. 23. The best interest. and permanent welfare of the children will be served by granting the relief requested, because: a. Plaintiff can provide the children with adequate moral, emotional, and physical surroundings as required to meet the children's needs. b. Plaintiff is willing to continue custody of the children. 4. PlAiAW coin riues to 'exercise parental 'duties and enjoys the love' and affection. of the,children. S 24, Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been_named as parties to this action. No other. persons are known to have.or claim a right to custody. or visitation,, and therefore no notice will be given of the pendency of this action and the right to intervene, save `as to the Defendant. WHEREFORE, The Plaintiff respectfully requests this : Honorable Court approve any settlement, reached between the parties;. or, in the event they are unable to reach a-setfleinent, grant the Plaintiff rights of legal custody and primary physical custody. COUNT IV - SPOUSAL SUPPORT AND/OXALIIV ONY PENDENTE LITKAND ALIMONY.UNDER SECTIONS 3701(a) AND 3742 OF THE DIVORCE CODE 25. Paragraphs one (1) through twenty-four (24) of the Divorce Complaint are incorporated herein by reference as if set forth specifically below. 26. Plaintiff is unable to sustain herself during the course of litigation. 27. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. WHEREFORE, plaintiff respectfully requests the Court to enter an award of spousal support. and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant toSeetion 3701(a) and 3702 of-the Divorce Code. Respectfully sum Mar1i*a-e'M ey, Esquire Law Offices f Patrick F. Lauer, Jr., L.L.C. 2108 Marke Street; Aztec Building. Camp Hi11; Pennsylvania 17011-4706 ID##:84745 Tel...(717) 7634-800 } CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. PHIL KOCISKO, : CIVIL ACTION - DIVORCE/CUSTODY Defendant I verify that the statements made in this Complaint 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: 3/5-- 16I Cheri Kocisko a, ? CHERI KOCISKO, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-1705 CIVIL TERM PHIL KOCISCKO, IN DIVORCE Defendant/Respondent PACSES NO: 483110771 ORDER OF COURT AND NOW, this 2nd day of April, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Jennifer L. Gibboney on April 20, 2009 at 2:00 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marlin L. Markley, Esq. Date of Order: April 2, 2009 dday, APL Coordinator J. T /1' YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF THE FROT C tTARY xM APR -2 PM S: 10 CUM, U, y PE} NSY1.VAINKA CHERI KOCISKO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1705 PHIL KOCISKO, Defendant : CIVIL ACTION - DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of Phil Kocisko and certify that I am authorized to do so. Date: March 21, 2009 Yoffe & Yoffe, P.C. By ; A - ?4 e frey . Yoffe, sq. Attorney for Phil Kocisko 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon.net OF TFz 0---Y--, i.n ? ry y 2069 APR -7 P R 1: 29 r R CHERYL E. KOCISKO, Plaintiff/Petitioner VS. PHILIP S. KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-1705 CIVIL TERM IN DIVORCE PACSES Case No: 483110771 ORDER OF COURT AND NOW, this 20th day of April 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1733.07 and the Respondent's monthly net income/earning capacity is $ 6597.01, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Eight and 00/100 Dollars ($ 708.00) per month payable weekly as follows: $ 708.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 1, 2009. Arrears set at $ 0.00 as of April 20, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Cheryl E. Kocisko. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 s N The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Order considers that the Respondent is making the mortgage payment on the marital home and has a child support obligation for the parties' two children. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: Apri120.2009 to: Petitioner Respondent Marlin L. Markley, Esq. Jeffrey N. Yoffe, Esq. BY THE COURT, /9 0,4-- Kevin . ess, J. DRO: R.J. Shadday OF THE P "TI. rO'.", OT Y 2009 APR Z 1 FM 3= 15 lrL ll, p ±we + t Nr:, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/01/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CATERPILLAR INC. 300 SW ADAMS ST PEORIA IL 61602-1502 270-70-8172 Employee/Obligor's Social Security Number 0213102073 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 947.00 $ $ 0.00 0.00 $ 0.00 $ 708.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? O yes ® no one-time lump sum payment for a total of $ 1,655.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 381.92 per weekly pay period. $ 827.50 per semimonthly pay period (twice a month) $ 763.85 per biweekly pay period (every two weeks) $ 1, 655.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. $ 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ham' 04 DRO: R.J. Shadday Service Type M OMB No.: 0970.0154 896110556 1118 S 2008 09-1705 CIVIL O Origi nal Order/Notice OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE: KOCISKO, PHILIP S. Employee/Obligor's Name (Last, First, MI) A. Hess, Judge Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 1 heck you are required to pr vide a opy of this form to your m loyee. If yo r employee works in a state that is i Brent from the state that issueftNs order, a copy must be provigec?to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3. * Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydateldate of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3706027440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: KOCISKO, PHILIP S. EMPLOYEE'S CASE IDENTIFIER: 0213102073 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (N. Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970.0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KOCISKO, PHILIPS. PACSES Case Number 483110771 Plaintiff Name CHERYL E. KOCISKO Docket Attachment Amount 09-1705 CIVIL$ 708700 Child(ren)'s Name(s): DOB PACKS Case Number 896110556 Plaintiff Name CHERYL E. KOCISKO Docket Attachment Amount 01118 S 2008 $ 947.00 Child(ren)'s Name(s): DOB JAKE A. KOCISKO 07/,19/03 CAI LYN N. 31€xCxSSt3 07/60/07 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT FILED--t,,1-TI OF THE P"R TLll",,NlCTAAY 2009 MAY -4 PH 2: 2 GU Vi f i ? CHERI KOCISKO, Plaintiff/Petitioner VS. PHIL KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 1705 Civil Term CIVIL ACTION- AT LAW- IN DIVORCE PETITION FOR INJUNCTIVE RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW, comes the Petitioner, Cheri Kocisko, by and through her attorney's, Foreman, Foreman & Caraciolo, P.C., and files this Petition for Injunctive Relief and in support thereof, avers as follows: 1. Petitioner is the plaintiff in the above-captioned divorce action. 2. Respondent is the defendant in the above-captioned divorce action. 3. Wife filed a Divorce Complaint on March 18, 2009, requesting economic relief, including a request for equitable distribution. 4. Based upon Husband's statements, Wife has learned that Husband lost his job and is planning to withdraw funds from his 401(k) retirement plan . 5. Husband's 401(k) retirement is a substantial portion of the total marital assets. 6. Wife further believes that Husband will dissipate, alienate or encumber other marital property of the parties. 7. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party.... 8. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. 9. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At anytime after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. WHERFORE, Petitioner, Wife, respectfully request that this Honorable Court grant the Petition for Injunctive Relief and enjoin and restrain Husband from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. FOREMAN, F?,QREMAN & CARACIOLO, P.C. Date: 19.z Jvq Marlirrf. arkley, Esquire 112 Mar et Street, 6`h Floor Harrisburg, Pennsylvania 17101 ID# 84745 Tel. (717) 236-9391 CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009 - 1705 Civil Term PHIL KOCISKO, : CIVIL ACTION- AT LAW- IN DIVORCE Defendant/Respondent VERIFICATION I verify that the statements made in the foregoing Petition to Prevent Dissipation of Marital Assets document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 6- 1 ? log Signature: Cheri Kocisko CHERI KOCISKO, Plaintiff/Petitioner VS. PHIL KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 1705 Civil Term CIVIL ACTION- AT LAW- IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Petition upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy in the United States first class mail, postage prepaid, addressed as follows: Phil Kocisko c/o Jeffrey N. Yoffee, Esquire 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 Date: ? H -2 d ay FOREMAN, FOREMAN & CARACIOLO, P.C. farlin L..-M kley, Esquire 112 Market Street, 6`h Floor Harrisburg, ennsylvania 17101 ID# 84745 Tel. (717) 236-9391 ri!_EL! OF .9 9 r`itz`y 18 Fi 1 :; 2 MAY 19 20096 LA CHERI KOCISKO, Plaintiff/Petitioner VS. PHIL KC Defendant/Respondent ANDI Injuntive enjoined marital Respond( modified parties w or (5) by IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 -1705 Civil Term CIVIL ACTION- AT LAW- IN DIVORCE ORDER V, this 2 P day of M,14 , 200J , upon consideration of the Petition for ief, it is hereby ORDERED and DECREED that Defendant/Respondent is hereby restrained from encumbering, dissipating, selling or otherwise alienating any and all s of the parties, including but not limited to, the assets in the Defendant's/ s 401(k) retirement plan, until the earliest of the following: (1) the order is dissolved by the court; (2) the order is modified by a written agreement of the court approval; (3) the entry of a judgment of divorce; (4) the action is dismissed; order of the court BY THE COURT, Marlin L. arkley, Esq., 112 Market St., 6th Floor, Harrisburg, PA 17101 ?f frey N. offee, Esq., 214 Senate Ave., Suite 404, Camp Hill, PA 17011 0? ?. ? - ? ? - ?; y ', ? ?? ?,._ v; 4 7 `_ ? 5 f ? S ?? ?? . ?1La :ra-. i i.L y "'3r 11? ?` C.J CHERI KOCISKO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1705 PHIL KOCISKO, Defendant : CIVIL ACTION - DIVORCE/CUSTODY PETITION TO TERMINATE AWARD OF ALIMONY PENDENTE LITE 1. On April 20, 2009, the Court Ordered Philip S. Kocisko to pay alimony pendente lite in the amount of $708.00 per month. A copy of the Order is attached hereto as Exhibit "A". 2. Subsequent to the April 20, 2009 conference at the office of the Domestic Relations section of the Court, Philip S. Kocisko was involuntarily laid off from his employment at Caterpillar, Inc. 3. Philip S. Kocsko's last day employed at Caterpillar, Inc. will be May 29, 2009. 4. It is anticipated Philip S. Kocisko will receive unemployment compensation, however, the amount of those payments is unknown. 5. It is anticipated that the amount of unemployment compensation which Philip S. Kocisko will receive will be less than the income or imputed income of Cheryl E. Kocisko. WHEREFORE, Philip S. Kocisko requests the Court enter an Order terminating his obligation to pay alimony pendente lite. Yoffe & Yoffe, P.C. Date: May 21, 2009 -41011- -11-' 14) - 4"V//- Y-ZOW e ey . Yoffe, sq. Attorney for Philip S. Kocisko 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 jyoffe@verizon, net CHERI KOCISKO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. PHIL KOCISKO, NO. 09-1705 Defendant : CIVIL ACTION - DIVORCE/CUSTODY CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the foregoing on the below individual by mailing the same to him at the address indicated. Foreman, Foreman & Caraciolo, P.C. Marlin L. Markley, Esq. 112 Market Street, 6th Floor Veteran's Building Harrisburg, PA 17101 Yoffe & Yoffe, P.C. Date: May 21, 2009 By 64effrey N. Yoffe, Esq. Attorney for Philip S. Kocisko 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ,iyoEe@verizon.net CHERI KOCISKO : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-1705 PHIL KOCISKO, Defendant : CIVIL ACTION - DIVORCE/CUSTODY VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Petition are true 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. Dated: -5^- (°(- 09 n Philip S. Kocisko ?. ,, CHERYL E. KOCISKO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-1705 CIVIL TERM PHILIP S. KOCISKO, IN DIVORCE Defendant/Respondent PACSES Case No: 483110771 ORDER OF COURT AND NOW, this 20th day of April 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1733.07 and the Respondent's monthly net income/earning capacity is $ 6597.01, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Eight and 00/100 Dollars ($ 708.00) per month payable weekly as follows: $ 708.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 1, 2009. Arrears set at $ 0.00 as of April 20, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Cheryl E. Kocisko. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 EXHIBIT "A" +?a The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. The Order considers that the Respondent is making the mortgage payment on the marital home and has a child support obligation for the parties' two children. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: April 20, 2009 to: Petitioner Respondent Marlin L. Markley, Esq. Jeffrey N. Yoffe, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT, ;??- * 4z Kevin . ess, J. EXHIBIT "A" Cope -?o DkD CHERYL KOCISKO, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-1705 CIVIL TERM PHILIP S. KOCISKO, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 483110771 ORDER OF COURT AND NOW, this 28th day of May, 2009, a petition has been filed against you, Cheryl Kocisko, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on June 16, 2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marlin L. Markley, Esq. Jeffrey N. Yoffee, Esq. Date of Order: May 28, 2009 Sh ay, nference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REP T YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 FINED C? (y(r+{ ??9'3' 1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: PHILIP S. KOCISKO Member ID Number: 0213102073 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name CHERYL E. KOCISKO CHERYL E. KOCISKO PACSES Docket Case Number Number 483110771 09-1705 CIVIL 896110556 01118 S 2008 TOTAL ATTACHMENT AMOUNT: Attachment Amount/Freuuenc $ 708.00 /MONTH $$$ 947.00 MONTH / 1,655.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 3 8 0.8 8 per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, PHILIP S. KOCISKO Social Security Number XXX-XX- 8172 Member ID Number 0213102073 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated MAY 31, 2 0 0 9 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUN 0 9 2009 Service Type M 0* A4 1F-7VI . BESS, JUDGE Form EN-530 Rev.2 Worker ID $ IATT RLED-chi FICE OF THE RRODTHOTTARY 2009 JUN -9 PM 3: 21 PENNSYLVANIA ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania ?S0I, I I D 5 5 to Co./City/Dist. of CUMBERLAND III Q S o1fODg Date of Order/Notice 06/16/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CATERPILLAR INC. 300 SW ADAMS ST PEORIA IL 61602-1502 270-70-8172 Employee/Obligor's Social Security Number 0213102073 Employee/Obligor's Case Identifier (See Agendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 270.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? (g) yes O no $ 0.00 per month in current medical support $ o.0o per month in past-due medical support $ 81. oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 351.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 21 . pp per weekly pay period. $ 175 , 50 per semimonthly pay period (twice a month) $ I Lv2. DD per biweekly pay period (every two weeks) $ 351.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: D9- 1-705 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: KOCISKO, PHILIP S. Employee/Obligor's Name (Last, First, MI) 1000, Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Age' ecke l you are required. to provide a?opy of this form to your mployee. If yoyr employee yorks in a state that is vent rom the state that issued this or, er, a copy must be provi?ed to your emp ogee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3706027440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:KOCISKO, PHILIP S. EMPLOYEE'S CASE IDENTIFIER: 0213102073 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee'stobligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: KOCISKO, PHILIP S . PACSES Case Number 483110771 Plaintiff Name CHERYL E. KOCISKO Docket Attachment Amount 09-1705 CIVIL$ 81.00 Child(ren)'s Name(s): DOB PACSES Case Number 896110556 Plaintiff Name CHERYL E. KOCISKO Docket Attachment Amount 01118 S 2008 $ 270.00 Child(ren)'s Name(s): DOB JAKE A. KOCISKO 0,7/19/03 CAITLYN N. KOCISKO 67/06/07 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT FILED- E (? r pY O T-17 2039 %J .N 19 1 c CHERYL E. KOCISKO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-1705 CIVIL TERM PHILIP S. KOCISKO, IN DIVORCE Defendant/Respondent : PACSES Case No: 483110771 ORDER OF COURT AND NOW, this 16th day of June 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,672.67 and the Respondent's monthly net income/earning capacity is $ 2,212.61, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Eighty-one and 00/100 Dollars ($ 81.00) per month payable weekly as follows: $ 81.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is June 1, 2009. Arrears set at $ 789.00 as of June 16, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Cheryl E. Kocisko. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31 st of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100 % by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of. 1) the name of the health care coverage provide(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is a temporary Order based upon the Respondent being temporarily laid and indefinitely laid off from his employment since June 1, 2009 and receiving Unemployment Compensation Benefits. This Order is based upon the Respondent having a child support obligation. This Order does not consider the mortgage payment on the marital home. This matter may be recalled by either party within 45 days from this date due to the Respondent not having all available information from his company pertaining to the lay off at this time. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Mailed copies on: June 18, 2009 to: Petitioner Respondent Timothy E. Kane, Esq. Jeffrey R. Pratz, Esq. BY THE COURT, n". '* /4 Kevin ess, J. DRO: R.J. Shadday A LED w,/1 i IA.,J E- CF THEE P . ARY 2099 J N 19 PH 3. C C? ?Pr Y r, z i 1u 'y In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: PHILIP S. KOCISKO Member ID Number: 0213102073 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Plaintiff Name Case Number Docket Number Attachment Amount/Freauencv CHERYL E. KOCISKO 483110771 09-1705 CIVIL $ 81.00 /MONTH 00 MONTH 270 CHERYL E. KOCISKO 896110556 01118 S 2008 $ . / TOTAL ATTACHMENT AMOUNT: $ 351.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 80.78 per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, PHILIP S. KOCISKO Social Security Number XXX-XX-8172 , Member ID Number 0213102073 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated MAY 31, 2 0 0 9 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUN 18 2009 J? JUDGE Form EN-034 Rev.2 Service Type M Worker ID $ IATT FILH- 0 JU °rt 1 } N; I GU !.' ; CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 09-1705 Civil Term n q ,~, ~ ~, -~ PHIL KOCISKO, CNIL ACTION -DIVORCE/CUST-E~~3Y ~-- ~~ Defendant ~'' - ~°= `'-' , ~~ t ";'-r' ~ ~; '-, ;~. PLAINTIFF'S AFFIDAVIT OF CONSENT -~ _` A ~ ~, UNDER SECTION 3301(c) OF THE DIVORCE CODE ~ ~, ~ -~ 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 18, 2009. 2. The mamage of the Plaintiff and the Defendant is irretrievably broken and ninety 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 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: l~ ~~ L ~ Si tore: 1~ Cheri Kocisko CHERI KOCISKO, Plaintiff v. PHIL KOCISKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-1705 Civil Term CIVIL ACTION -DIVORCE/CUSTODY ~ ~ ° :~~, ~ -~, PLAINTIFF'S WAIVER OF NOTICE OF INTENTION,~'~?' ~-- -~ TO REQUEST ENTRY OF A DNORCE DECREE ~ = `~ ; ~,,~ ~.'; -_; r-~-~ UNDER SECTION 3301(c) OF THE DIVORCE CODEYT:'~~ ~' `"~' :'~~;, _ _~, _- t._ `rte. (,~] 1. I consent to the entry of a final decree of divorce without notice. =~ ~' ~-~' -c ~'` :z, 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. 4. 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: uC ~d ~~ Signature: Cheri Kocisko v CHERYL KOCISKO PI.,AINTIFF V. PHILIPS. KOCISKO [)F:Ff N})ANT IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1705 CIVIL AC:T10N LAW IN CUSTODY ORllER OF COl1RT A'~D NO1h~, Tuesday, Juf~06, 2010_ ___~_____, upon consideration of the attached Complaint, it is hcreby~ directed that pa-`tics and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsbu~PA 17055 on Friday, July 23, 2010 at 2:30 PM for a i'rc-t-lcarinv~ C~-stody~ Conference. At such conference, an effort will be made to resolve the issues in dispute; or i f this cannot he 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, Succial Relief' orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Dawn S. Sunda Es .. _ Custody Conciliator ~i~he Court of Common !'leas of Cumberland County is required by law to comply with the Americans ~~~iti~- Disahili}es Act of 199(}. For information about accessible facilities and reasonable accommodations a~ailab(e to disabled individuals having business before the court, }Tease contact our office. Ail arrangements must he made at (cast 72 hours prior to any hearing or business bef~n•e the court. You must attend the sched~-led conl'erencc or hcarin~~. YOU SHOL'1_.D TAKE THIS PAPF.,R TO YOUR ATTORNEY AT ONCE. lF YOU DO NOT f },~y\~ }=. AN A"I'"I~ORNF_.Y OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE."t FOR"[~H I3ELOVv` "f0 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 7 • 1 Q ~.~.,• Cbn 1 ~;~ { ~ ~~ 32 South Bedtord Street. "+ l Carlis}e, Pennsylvania 17013 • Telephone (7I7) 249-3166 • 7 . t d ~~ cx. m~ l es~ ~o ~~~ 7.1 o G~ tnra : ~ec~ ~ St,snda~ . n r» ~., ~-a U c_, -, __~ t r,: ~s a •:~ ro ,,; :: a r. CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. . No. 09-1705 Civil Term PHIL KOCISKO, . Defendant : In Divorce r~ ^a ~.~ ~; n7 -t r `z. `~ --;i _ ~ ~i~TT '-r°°+ ..~ ~~ ~ -- "fJ _ 3 <}:, - ~ =~ W W MARITAL SETTLEMENT AGREEMENT BETWEEN CHERI KOCISKO AND PHIL KOCISKO .j TABLE OF CONTENTS INTRODUCTION ..................................................... 3 SECTION I General Provisions ...................................................... 4 SECTION II Property Distribution Provisions ........................................... 12 SECTION III Alimony, Spousal Support, Counsel Fees, Child Custody, Child Support, Health Insurance, and Educational Expenses Provisions ........................................... 17 SECTION IV Closing Provisions and Execution .......................................... 18 Page 2 of 19 INTRODUCTION THIS AGREEMENT made this day of 2010, by and between CHERI KOCISKO ("WIFE") and PHIL KOCISKO ("HUSBAND") WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on July 3, 1999 in Parma, Ohio and separated in 2009. WHEREAS, there were two children born of this marriage, Jake Kocisko (D.O.B. 07/19/2003) and Caitlyn Kocisko (D.O.B. 07/06/2007). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and. in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the promises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: Page 3 of 19 SECTION I GENERAL PROVISIONS 1. INCORPORATION OF PREAMBLE a. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS a. This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. DIVORCE DECREE a. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents cannot be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 4. EFFECT OF DIVORCE DECREE a. 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. Page 4 of 19 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE a. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 6. NON-MERGER a. This Agreement shall not merge with the Divorce rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as a result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION a. The "date of execution", "execution date' or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. S. DISTRIBUTION DATE a. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 9. ADVICE OF COUNSEL a. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Marlin L. Markley, Esq., for Wife and Jeffrey N. Yoffe, Esq. for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that 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. Page 5 of 19 10. FINANCIAL DISCLOSURE a. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS a. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. b. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. c. Husband has already provided Wife with Discovery Responses. Husband has not served upon Wife any Discovery requests. d. Husband hereby waives the following procedural rights and. to the extent Wife has the option of exercising the following procedural rights in the future, she also waives the following: i. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. ii. Income and expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of Court. Page 6 of 19 iii. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the Court. iv. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. v. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 12. PERSONAL RIGHTS a. Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. 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. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 13. MUTUAL RELEASES a. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code. b. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship Page 7 of 19 of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. c. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. d. The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION TO BE IN WRITING a. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION a. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Page 8 of 19 16. AGREEMENT BINDING ON HEIRS a. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 17. INTEGRATION a. This Agreement constitutes .the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. OTHER DOCUMENTATION a. Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days after demand .for the same} execute any and all written instruments, assignments releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT a. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party thereafter to enforce the same. The waiver of any default of any of the provisions of this agreement shall not be construed as a waiver of strict performance of any other obligations herein. 20. BREACH a. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: i. Specific Performance: The right to specific performance of the terms of Page 9 of 19 this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. ii. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney s fees and costs incurred as the result of the breach and in bringing the damage action. iii. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. §3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. iv. Other Remedies: Any other remedies provided for in law or in equity. 21. LAW OF PENNSYLVANIA APPLICABLE a. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 22. SEVERABILITY a. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. HEADINGS NOT PART OF AGREEMENT a. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. Page 10 of 19 24. INCOME TAX MATTERS a. With respect to income tax matters regarding the parties the following shall apply: i. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. ii. Current Returns: The parties shall file separate, individual federal, state and local income tax returns for the tax year 2010 and all years thereafter. For tax year 2009, the parties shall share equally any income tax refund received. from the Internal Revenue Service. iii. Income Tax Exemption: Assuming neither Wife or Husband has primary physical custody (defined as having a child 60% or more of the overnights per tax/calendar year) of both children, with one exception, for all years that they are available, Wife shall be able to take the Federal income tax exemption for Caitlyn (Wife's assigned child for purposes of this subparagraph) and Husband shall be able to take the Federal income tax exemption for Jake (Husband's assigned child for purposes of this subparagraph). The exception to this agreement is that if, due to the child's age, death or otherwise, a parent is unable to take an exemption for their aforesaid assigned child in any year, then for that year, and every other year thereafter, while it is available, said parent shall be able to take the exemption for the other parent's assigned child. Husband and Wife agree to promptly sign and if necessary, return to the other, any I.R.S. paperwork which is needed to effectuate this agreement. If for any tax/calendar year either parent has primary physical custody of both children for the entire tax/calendar year and it is a year in which for the Page 11 of 19 entire year the physical custody of both children is an issue within the jurisdiction of the Court to decide (currently and generally, the Court has jurisdiction until the child turns 18 years of age}, then for any such tax/calendar year the parent having physical custody of both children shall be able to take the Federal income tax exemption for both children. 25. PRESERVATION OF RECORDS a. Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 26. MANNER OF GIVING NOTICE a. Any notice required by this Agreement shall be sent to a party at his or her last known address, or such other address as that party may from time to time designate. 27. EFFECT OF RECONCILIATION a. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and 'Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II PROPERTY DISTRIBUTION PROVISIONS 28. FINAL EQUITABLE DISTRIBUTION OF PROPERTY a. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set Page 12 of 19 forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 29. AFTER-ACQUIRED PROPERTY a. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since March 18, 2009, the date the Divorce complaint was filed, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 30. WAIVER OF INHERITANCE a. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 31. PERSONAL PROPERTY a. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, the following: jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"). Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. b. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property Page 13 of 19 which shall become the sole and separate property of the other. 32. VEHICLES, BOATS AND THE LIKE a. With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: i. Wife's Vehicles: 2007 Chrysler Town and Country shall be the sole and separate property of Wife. ii. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereof if it had been sold or traded in prior to the date of this Agreement. iii. Transfer of Titles: The title to the Vehicle shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. iv. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. v. Liens: In the event 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. vi. 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. 33. REAL ESTATE a. The parties previously sold their marital residence located at 230 Edenderry Way, Enola, PA 17025 and have split the net proceeds of sale to their mutual Page 14 of 19 satisfaction. 34. RETIREMENT AND PENSION PLANS a. Individual Retirement Accounts: 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 the IRA account of the other. Currently, Wife and Husband each have an IRA account being held by Wachovia Securities. b. Husband's 401(k): Wife and Husband shall each become the owners of 50% of the value of Husband's 401(k) plan at the time of distribution of said plan pursuant to a Qualified Domestic Relations Order (QDRO). It is anticipated that a QDRO will be entered by the Court in the next few months. It is understood that Husband has represented that he has not made any withdraws from his 401(k) plan since March 18, 2009 and that he will not make any withdraws in the future up until the time of distribution of the 401(k) assets pursuant to a QDRO. After said distribution, Husband and Wife are free to do what they want with their share of the 401(k) assets. 35. BANK ACCOUNTS/STOCK/LIFE INSURANCE a. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value. Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the-sole and separate property of the other pursuant to the terms hereof. 36. TAX PROVISIONS a. The parties believe and agree that the division of property made pursuant to the terms of this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not Page 15 of 19 to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this paragraph on his or her applicable federal or state income tax returns. 37. WIFE'S DEBTS a. Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall be responsible for paying 100% of any debt incurred which is related to the providing to her of necessaries and for which Husband. could also be liable. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 38. HUSBAND'S DEBTS a. Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall be responsible for paying 100% of any debt incurred which is related to the providing to him of necessaries and for which Wife could also be liable. Husband shall indemnity and save Wife harmless from any and all claims or demands made against herby reason of debts or obligations incurred by him. 39. MARITAL DEBT a. During the course of the marriage, other than the mortgage on the marital residence, Husband and Wife did not incur any marital debt of any significant value which survived beyond March 18, 2009. 40. INDEMNIFICATION - a. Any party assuming an obligation pursuant to the terms of this Agreement shall Page 16 of 19 indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. SECTION III ALIMONY, SPOUSAL SUPPORT, COUNSEL FEES, CHI_LD CUSTODY, CHILD SUPPORT, HEALTH INSURANCE, AND EDUCATIONAL EXPENSES 41. ALIMONY AND SPOUSAL SUPPORT a. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance, with the exception prior to the entry of a Divorce Decree, nothing herein shall cause either party to not be entitled to alimony pendent lite if the law of Pennsylvania otherwise entitles either Husband or Wife to the same. After the entry of a Divorce Decree neither Husband or Wife shall be entitled to alimony pendente lite. 42. WAIVER OF COUNSEL FEES a. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for counsel fees, costs and expenses. 43. CHILD CUSTODY, CHILD SUPPORT, HEALTH INSURANCE AND EDUCATIONAL EXPENSES a. Child custody, child support, health insurance and educational expenses of the children are specifically not dealt with by this agreement. Page 17 of 19 SECTION IV CLOSING PROVISIONS AND EXECUTION BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement. SS• (SEAL) (S AL) ~ "~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~_~CUd~ Cheri Kocisko Phil Kocisko On this the ~~ of S t~,At~, 2010 before me the undersigned officer, personally appeared, Cheri Kocisko, known to me (or satisfactorily proven) to be the person Page 18 of 19 . t whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. F p NNSYw~ww N(YfARiAL $EAt- Public CAMEtJ-J. NU-NQEg. Notan- BotO of Ca1~N~ June 2~~ 4 MY ConwnaM~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOTARY PUBLIC \ ~~°n~ ' ~©+~ My Commission Expires: J On this the >3 ~' of 2010 before me the undersigned officer, personally appeared, Phil Kocisko, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. 4~ a NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarlai Seai Marisa Seeger, Notary Pubik East Pennsboro Twp., Cumberland County My Commission 6cpires Dec. 15, 2013 Member. Pennsylvania Assadatlon of Notaries Page 19 of 19 CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 09-1705 Civil Term PHIL KOCISKO, :CIVIL ACTION -DIVORCE/CUSTODY Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for Divorce: Irretrievable breakdown under § 3301(c) of the Divorce 2. Date and Manner of service of the Complaint: First class U.S. mail. Defendant's counsel, accepted service of the Complaint on Mazch 21, 2009. The signed Acceptance of Service was filed with the prothonotary's office on Apri17, 2009. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff June 10, 2010 by the Defendant July 7, 2010 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit upon the respondent: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: None 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: July 7, 2010. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: filed simultaneously w/Praec_pe . '~ Marlin kley, Jr., Esquire 392 ark Street, Suite 303 Camp Hi ,Pennsylvania 17011 Date: July 16, 2010 ID# 847 Tel. (717) 635-9538 CHERI KOCISKO, : IN THE COURT OF COMMON PLEASV~~ ~, Plaintiff :CUMBERLAND COUNTY, FENNSYL .~ ~? ~ r-, ,r< (_ ~f v. . No. 09-1705 Civil Term = ..._ '~ ~;~ Tom: PHIL KOCISKO, :CIVIL ACTION - DIVORCE/CUSTO~~ ~_' ` - Defendant `- ~--: ~° ~ `' ~-> C~. tV f~ ;? ~`-` -{ DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 18, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 verify that the statemens 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 ux~sworn falsification to authorities. Date: ? _ ~ " ~ Signature: . Phil Kocisko CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUN'1"Y, PENNSYLVANIA v : No. 09-1705 Civil Term PHIL KOCISKO, :CIVIL ACTION - DIVORCFJCUSTODY Defendant t7 ~, DEFENDANT'S 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 withoutnotice. ~' --~ 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 affier it is filed with the prothonotary. 4. I verify that the staxements made in this affidavit are true and convect. 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: ! ' "~ ~ Signature: ` ` Phil Kocisko CHERI KOCISKO ' V. PHIL KOCISKO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO 09-1705 CIVIL TERM DIVORCE DECREE ~` 3.3o~,,M, AND NOW, a'7 ~~ , it is ordered and decreed that CHERI KOCISKO plaintiff, and PHIL KOCISKO ,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 to urt, ~~ Prothonotary 7. a`~ • to Cu+. cc~ ms~~~ 7• a~ ~ I o ll~crF~ c~ iV~«;, lest -~ -~-o f~ M~kk.~, ~a~c CHERYL E. KOCISKO, Plaintiff/Petitioner VS. PHILIP S. KOCISKO, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-1705 CIVIL TERM IN DIVORCE PACSES CASE: 483110771 ORDER OF COURT n - ~. ~' 0 , -~ -r T ca. ~- _`, ~^ .:_. , ~ ~~ .3 c ~~ _. v ~T_ : .~ ~~WJ~i }~ AND NOW to wit, this 26th day of July, 2010, it is hereby Ordered that the Order for Alimony Pendente Lite is suspended, effective July 26, 2010, pursuant to Rule 1910.16-4 (c) (2) after calculating the child support obligation under PACSES Case #896110556 where the parties share 50/50 custody and the incomes of the parties are equalized. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edwat . Gu J. DRO: R.J. Shadday xc: Petitioner Respondent Jennifer L. Spears, Esq.. Jeffrey N. Yoffe, Esq. Form 0E-001 Service Type: M Worker: 21005 ~ AUG p 9 2010 CHERYL KOCISKO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2009-1705 CIVIL ACTION LAW PHILIP KOCISKO Defendant IN CUSTODY ORDER OF COURT AND NOW, this 9 ` day of ~ynce `~ 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of this Court dated December 11, 2009 shall continue in effect as modified by this Order. 2. The parties shall engage in a course of therapeutic family counseling with a professional to be selected by agreement. The purpose of the counseling shall be to address underlying issues creating conflict and interfering with the parties' ability to address issues concerning the Children. The purpose of the counseling shall also be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. 3. The parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place each week on Sunday before Sunday School. The non-custodial parent shall have a period of custody with the Child from Wednesday after school until Thursday morning. The alternating weekly schedule shall begin following the Father's period of vacation custody with the Children. After following the alternating weekly schedule for a period of at least six weeks, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 4. The parties agree that Jake shall be enrolled in the Mechanicsburg School District for the 2010-2011 school year. 5. The parties agree that the Father shall have a period of vacation custody with the Children from August 18 through August 25, 2010. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, evin ss J. cc: ~ Jennifer L. Spears, Esquire -Counsel for Mother Jeffrey N. Yoffe, Esquire -Counsel for Father C4/~iBS lna,~e0~ ~~lo/LY> /ei~L, ~~'.~ 06~ «, d~ ~ ~~~~~~ ~l d ~~~ ~D ~m~~~ ~~ s~~ah~a, CHERYL KOCISKO Plaintiff vs. PHILIP KOCISKO Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2009-1705 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jake Kocisko July 19, 2003 Caitlyn Kocisko July 6, 2007 Mother/Father Father/Mother 2. A custody conciliation conference was held on July 29, 2010, with the following individuals in attendance: the Mother, Cheryl Kocisko, with her counsel, Jennifer L. Spears, Esquire, and the Father, Philip Kocisko, with his counsel, Jeffrey N. Yoffe, Esquire. 3. The parties agreed to entry of an Order in the form as attached. l4.~~,~,~- 3 ao~a Date Dawn S. Sunday, Esquire Custody Conciliator a Fred August Nehr, Esquire fn~giblevlaw.com Identification No.: 91676 GIBLEY AND McWILLL~IVIS, P.C. 524 N. Providence Road Media, PA 19063-0807 (610) 627-9500 Attorney for Claimant, Bradco Supply Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRADCO SUPPLY CORPORATION 1646 West Chester Pike, Suite 9 West Chester, PA 19382 ; Claimant, :Civil Action No.: 09-3139 MLD Term v. SUTLIFF ENTERPRISES, INC., 6462 Carlisle Pike ~ °~ Mechanicsburg, PA 17050 `~ - °' ~" -~~ :, Owner or Reputed Owner, _ ~ - ` ~ "' - Y, and ; ,: o ~~ _ • NICHOLAS EVANOFF COMPANY : ~- , 997 Peiffers Lane ; , ; , ~•a ~, Harrisburg, PA 17109 ~ U~ Contractor. ~ PRAECIPE FOR ENTRY OF ORDER TO SATISFY MECHANIC'S LIEN CLAIM TO THE OFFICE OF THE PROTHONOTARY: Kindly mark the above matter Satisfied and Discontinued with prejudice. ~e.o~?~L erg` Ssc~ ~2-~ a yLY~7 Respectfully submitted, ~~~ ~3~ GIBLEY AN Mc S, P.C. BY: red Au st a ,Esquire Attorney for CYaimant Bradco Supply Corporation 1~ CHERI KOCISKO, Plaintiff/Petitioner v. :1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09 -1705 Civil Term PHIL KOCISKO, Defendant/Respondent CIVIL ACTION -DIVORCE/CUSTODY STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. §§3101 et seq.,; 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 1. 2. 3 WHEREAS, Petitioner and Respondent have stipulated that the Court enter this Order. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: As used in this Order, the following terms shall apply: (a) Participant shall mean Philip S. Kocisko, whose current address is 261 E. Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011, who was born on December 1, 1974, and whose social security number is xxx-xx-8172. (b) Alternate Payee shall mean Cheryl E. Kocisko, whose current address is 214 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, who was born September 3, 1971., and whose social security number is xxx-xx-2653. (c) Plan shall mean Caterpillar 401(k) Plan. (d) Plan Administrator shall mean Caterpillar, Inc. (e) Valuation Date shall mean the date the funds are segregated into an account in the Alternate Payee's name. The Alternate Payee is the Former Spouse of the Participant. With respect to marital property, alimony or spousal support awards, the Participant and Alternate Payee are considered married for federal income tax purposes. 4. Participant and Alternate Payee were married on July 3, 1999, and were legally divorced on July 27, 2010. 5. The Alternate Payee's interest in the Plan shall be 50% of the Participant's total vested account balance under the Plan as of the Valuation Date. 6. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 7. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 8. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator, Caterpillar Inc., ATTN: Caterpillar 401(k) Plan Administrator, forthwith. This Order shall remain in effect until further order of this Court. 9. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 10. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 11. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Attorney for Petitioner: Mazlin L. Mazkley, Jr., Esq. 3920 Mazket Street, Suite 303 Camp Hill, PA 17011 717- 5-9538 Date: Attorney for Respondent: Jeffrey N. Yoffie, Esq. 214 Senate Avenue, Suite 404 C ~ ~1, PA 17011 ~~ -~ B Gr~AL 0 y ,~ ~. ~l i~t-I ~~o -975-1838 BY THE COURT: J. CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Pv ~ _ • r.~ ~ r v . No. 09 -1705 Civil Term r_, ;;-u `~_ o _.~ fy,-~ ~ ~ PHIL KOCISKO, :CIVIL ACTION -DIVORCE/CUSTQDY -- ~ ~'-' Defendant : _ ~~ m -- ~Y_ MOTION FOR ENTRY OF ODRO - ~ g' ~~ AND NOW comes the above-reamed Plaintiff, Cheri Kocisko, by her attorney, Marlin L. Mazkley, Jr., Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff, Cheri Kocisko, is an adult individual currently residing at 214 E. Mazble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Phil Kocisko, is an adult individual currently residing at 261 E. Crestwood Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff filed a divorce complaint in Cumberland County, Pennsylvania, on Mazch 18, 2009. 4. The economic issues in this case were resolved with a Martial Settlement Agreement signed by the parties on June 10, 2010, and filed with the Court on July 19, 2010. 5. The attached Stipulated Qualified Domestic Relations Order ("QDRO") was determined by the Caterpillar QDRO Service Center to constitute a qualified domestic relations order in accordance with Section 206(d)(3) of the Employee Retirement Security Act of 1974. 6. Counsel for the Defendant concurs with this motion as indicated by the attached and signed stipulated qualified domestic relations order. 7. The Honorable Edwazd E. Guido signed the Decree in Divorce on July 27, 2010. WI~REFORE, Plaintiff, requests the Court to approve and sign the Stipulated Qualified Domestic Relations Order that has been signed by the parties counsel. ' Marlin I 3920 M, Camp H Date: August 16, 2010 ID# 847 ey, Jr., Esquire Street, Suite 303 'ennsylvania 17011 Tel. (717) 635-9538 CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 09 -1705 Civil Term PHIL KOCISKO, :CIVIL ACTION -DIVORCE/CUSTODY Defendant ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. He is the attorney for Plaintiff Cheri Kocisko; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion for QDRO aze known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief; and 7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: August 16, 2010 Marl' kley, Jr., Esquire 3920 et Street, Suite 303 Camp 11, Pennsylvania 17011 ID# 8 45 Tel. (717) 635-9538 '1% CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09 -1705 Civil Term PHIL KOCISKO, CIVIL ACTION - DIVORCE/CUSTODY Defendant/Respondent STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S.A. §§3101 et seq.,; 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. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean Philip S. Kocisko, whose current address is 261 E. Crestwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011, who was born on December 1, 1974, and whose social security number is xxx-xx-8172. (b) Alternate Payee shall mean Cheryl E. Kocisko, whose current address is 214 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, who was born September 3, 1971, and whose social security number is xxx-xx-2653. (c) Plan shall mean Caterpillar 401(k) Plan. (d) Plan Administrator shall mean Caterpillar, Inc. (e) Valuation Date shall mean the date the funds are segregated into an account in the Alternate Payee's name. 2. The Alternate Payee is the Former Spouse of the Participant. L/ With respect to marital property, alimony or spousal support awards, the Participant and Alternate Payee are considered married for federal income tax purposes. 4. Participant and Alternate Payee were married on July 3, 1999, and were legally divorced on July 27, 2010. 5. The Alternate Payee's interest in the Plan shall be 50% of the Participant's total vested account balance under the Plan as of the Valuation Date. 6. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 7. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 8. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator, Caterpillar Inc., ATTN: Caterpillar 401(k) Plan Administrator, forthwith. This Order shall remain in effect until further order of this Court. 9. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: (a) to provide to the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 10. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 11. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining and enforcing this Domestic Relations Order. Attorney for Petitioner: Marlin L. Markley, Jr., Esq. 3920 Market Street, Suite 303 Camp Hill, PA 17011 717- 35-9538 Date: 6T-" V- yo z0! o Attorney for Respondent: Jeffrey N. Yoffe, Esq. 214 Senate Avenue, Suite 404 Camp ill, PA 17011 v fe ally X0 <. ?4 - gV7-75-1838 .-0 ;D eo ? ? ?s rn? c ??. 0 BY THE COURT: CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA o V. : No. 09 -1705 Civil Term o G PHIL KOCISKO, CIVIL ACTION - DIVORCE/CUSTODY - ?' Defendant dD MOTION FOR ENTRY OF QDRO AND NOW comes the above-named Plaintiff, Cheri Kocisko, by her attorney, Marlin L. Markley, Jr., Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff, Cheri Kocisko, is an adult individual currently residing at 214 E. Marble Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Phil Kocisko, is an adult individual currently residing at 261 E. Crestwood Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff filed a divorce complaint in Cumberland County, Pennsylvania, on March 18, 2009. 4. The economic issues in this case were resolved with a Martial Settlement Agreement signed by the parties on June 10, 2010, and filed with the Court on July 19, 2010. 5. The attached Stipulated Qualified Domestic Relations Order ("QDRO") was determined by the Caterpillar QDRO Service Center to constitute a qualified domestic relations order in accordance with Section 206(d)(3) of the Employee Retirement Security Act of 1974. 6. Counsel for the Defendant concurs with this motion as indicated by the attached and signed stipulated qualified domestic relations order. 7. The Honorable Edward E. Guido signed the Decree in Divorce on July 27, 2010. WHEREFORE, Plaintiff, requests the Court to approve and sign the Stipulated Qualified Domestic Relations Order that has been signed by the parties counsel. ` Marlin I 3920 Ms Camp 11 Date: August 16, 2010 IN 847 ey, Jr., Esquire Street, Suite 303 'ennsylvania 17011 Tel. (717) 635-9538 CHERI KOCISKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 09 -1705 Civil Term PHIL KOCISKO, CIVIL ACTION - DIVORCE/CUSTODY Defendant ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. He is the attorney for Plaintiff Cheri Kocisko; 2. He is authorized to make this verification on her behalf, 3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief; and 7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: August 16, 2010 Marlin kley, Jr., Esquire 3920 M et Street, Suite 303 Camp 11, Pennsylvania 17011 ID# 8 45 Tel. (717) 635-9538 NOV d 5 ZU l CHERYL KOCISKO vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-1705 CIVIL ACTION LAW PHILIP S. KOCISKO Defendant IN CUSTODY '. C ORDER OF COURT AND NOW, this ` day of Ar",(-- ) 2010, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: r r*? upon 1. The prior Order of this Court dated December 11, 2009 shall continue in effect as modified by this Order. 'The prior Order of this Court dated August 9, 2010 is vacated and replaced with this Order. 2. The parties shall continue to engage in a course of therapeutic family counseling with Vivian Blanc, who was initially selected by agreement. The purpose of the counseling shall be to address underlying issues creating conflict and interfering with the parties' ability to address issues concerning the Children. The purpose of the counseling shall also be to assist the parties in establishing sufficient communication and cooperation to enable them to effectively co-parent the Children. Any costs of the counseling which are not covered by insurance shall be shared equally between the parties. The parties shall schedule and attend a minimum of three additional joint counseling sessions to be completed by January 15, 2011. The parties shall also schedule a minimum of three additional counseling sessions for the Children prior to January 15, 2011. 3. The parties shall share having physical custody of the Children on an alternating; weekly basis, with the exchange to take place each week on Sunday at 6:00 p.m. The non-custodial parent shall have a period of custody with the Children' from Wednesday after school until Thursday morning. 4. The parties' son, Jake, shall continue to be enrolled in the Mechanicsburg School District for the 2010-2011 school year. 4 5. The ]Mother shall have a period of vacation custody with the Children from Christmas Day at 2:00 p.m. through New Year's Day at 12:00 noon. 6. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: t fer L. Spears, Esquire - C 1 for Mott ey N..Yoffe, Esquire - Counsel for Father COP ?'s-_S rrn?a..L 6S lll4/?? BY THE COURT, CHERYL KOCISKO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. PHILIPS. KOCISKO Defendant 09-1705 CIVIL ACTION LAW IN CUSTODY Prior Judge: Kevin A. Hess CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Jake Kocisko July 19, 2003 Caitlyn Kocisko July 6, 2007 Mother/Father Father/Mother 2. A custody conciliation conference was held on November 2, 2010, with the following individuals in attendance: the Mother, Cheryl Kocisko, with her counsel, Jennifer L. Spears, Esquire, and the Father, Philip Kocisko, with his counsel, Jeffrey N. Yoffe, Esquire. 3. The parties agreed to entry of an Order in the form as attached. . ?? 4,9010 Date Dawn S. Sunday, Esquird(J Custody Conciliator F:\FILES\Clients\13882 Kocisko\13882. Lorder Revised 6/12/12 1:15PM CHERI KOCISKO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1705 CIVIL ACTION - LAW IN DIVORCE/CUSTODY V. PHIL KOCISKO, Defendant ORDER AND NOW, this IC day of June, 2012, the attached Stipulation for Custody is hereby made into an Order of Court. BY THE COURT, Al J. cc: ;/'Jennifer L. Spears, Esquire - attorney for Plaintiff ? Jeffrey N. Yoffe, Esquire - attorney for Defendant )ew