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HomeMy WebLinkAbout09-2748Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Amy Kamowski AMY KAMOWSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND ?Q COUNTY, PENNSYLVANIA V. NO. of?qg /t u ?? . JEFFREY KAMOWSKI, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mss adelante en las siguientes pfiginas, debe tomar accibn dentro de los proximos veinte (20) dias despu6s de la notificacibn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falls de tomar accion como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. .2 7 'if 7 JEFFREY KAMOWSKI, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Amy Kamowski, an adult individual currently residing at 18 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania. 17007. 2. The Defendant is Jeffrey Kamowski, an adult individual currently residing at 2206 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 22, 1997, in Las Vegas, Nevada. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about April 7, 2009. 8. The causes of action and sections of the Divorce Code under which plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about April 7, 2009. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a fmal decree in divorce. C_ EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.se . of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II CHILD CUSTODY 13. Paragraphs one through twelve are incorporated herein by reference. 14. The subject children are Aidan Lawrence Kamowski, born September 15, 2001, and Madison Adeline Kamowski, born December 12, 2003. 15. The relationship of the Plaintiff to the subject minor children is that of adoptive mother. 16. The relationship of the Defendant to the subject minor children is that of adoptive father. 17. The minor children have resided at the following addresses, in the custody of the following individuals: a. From May, 2004 to January 15, 2009 - the subject minor children resided at 18 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of the Plaintiff and Defendant. b. From January 15, 2009 to February 10, 2009 - the subject minor children resided at 18 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of the Plaintiff. c. From February 10, 2009 to April 7, 2009 - the subject minor children resided at 18 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of the Plaintiff and Defendant. d. From April 7, 2009 to present - the subject minor children reside at 18 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania, in the care and custody of the Plaintiff. 18. There have been no prior actions for custody of the subject minor children in this or any other jurisdiction. 19. The Plaintiff is not aware of the existence of any other individuals who have any type of claim whatsoever regarding the custody of the subject minor children. 20. The Plaintiff believes and therefore avers that she is much better able to meet the needs of the subject minor children than the Defendant. 21. The Plaintiff believes and therefore avers that it is in the best interest of the subject minor children that they be placed in her legal and physical custody. WHEREFORE, Plaintiff requests this Honorable Court award her custody of the subject minor children. Date: 4440- Respectfully submitted, THE LAW OFFI S OF SILLIKER & REVHOL: 5922 LAIestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Amy Kamowski AFFIDAVIT hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: t r ?O - Q I _ ?C FILED - Ti 7 1 1 .t 26u iri'; ' f `1 L. f 9 c r,. 4.3 2 to. 90 Acld `l CS41- l%, eK? ?xea F:\F1LES\CGema\13449 Kamowski\13449.1.pra "i v od: 5(27109 0:45PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant AMY KAMOWSKI, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY KAMOWSKI, Defendant NO. 09-2748 CIVIL ACTION - LAW : IN DIVORCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant, Jeffrey Kamowski, in the above matter. MARTSON LAW OFFICES By Je f L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: May 27, 2009 0.,fth CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 MARTSON LAW OFFICES T 'cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 27, 2009 1717 THE f 1 `: 2 r AMY KIAMOWSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-2748 CIVIL TERM JEFF4Y KAMOWSKI, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Divorc? Complaint was served upon Jeffrey Kamowski, on May 20, 2009, by certified mail, roturn receipt requested, addressed as follows: 2206 ouglas Drive Carlisl . PA 17013 I hereby certify that the aforegoing is true and correct to the best of my information and belief I understand that false statements herein are made subjecf to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: I . a ilwti % 2, woo a lwo oatOvin • now rd ad ' onto rswrss ro:nthe AWd hd DiNlwry 4 dssind. e art mkwn the and bo Yom • s and to the beck d the mokism Mont tt spwo PW M)ts. 1. Add eend to: 070 h o las br?IVc 1n013 Renee Dreisbach SWrAm a,wt x D i (iy cWvwy adaMas dNtrw+t *am iMm t? D DD , a. r trm weer dNMry Kkkas blow: 13 No a tt.nno. gyp. t3 o o A.tmftr.. - 7004 2490 0001 3906 7921 KI Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant AMY KAMOWSKI, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY KAMOWSKI, Defendant NO. 09-2748 CIVIL ACTION - LAW : IN DIVORCE/CUSTODY PETITION FOR CONCILIATION AND NOW, comes the Defendant, Jeffrey Kamowski, by and through his attorneys, MARTSON LAW OFFICES, and files this Petition as follows: 1. Plaintiff is Amy Kamowski, an adult individual. She is represented by Kristin R. Reinhold, Esquire. 2. Defendant is Jeffrey Kamowski, an adult individual. He is represented by Jennifer L. Spears, Esquire. 3. Plaintiff filed a Divorce Complaint on or about May 1, 2009, which included a Count for Custody, and paid the fee for same. 4. Plaintiff did not request a Conciliation Conference. 5. Defendant is requesting that a Conciliation Conference be scheduled to set forth a custody arrangement of the parties' children. 6. A judge has not been assigned to this matter. 7. Opposing counsel has been notified that this Petition would be filed; however, they did not indicate that they concurred with it. WHEREFORE, Defendant, Jeffrey Kamowski, requests your Honorable Court to set a time and place for a hearing at which Defendant requests the Court to grant him the Custody Order. Pending said hearing, Defendant requests temporary shared custody. MARTSON LAW OFFICES sy Jennifer L. pars, Esquire 10 East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Defendant 6 Date: 2ql VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jeffrey amo s i CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 MARTSON LAW OFFICES CBy ri is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated:. We ) I(C?COT RLEU-LL =;GE OF THE PRIM HTIOTAPY 2009 JUN 29 Phi 2'. C 1 PE N+ i ,YLVL'V1A AMY KAMOWSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY KAMOWSKI DEFENDANT • 2009-2748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, July Ol, 2009 ,upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at , 4th Floor, Cumberland Coun _ Courthouse, Carlisle on Friday, August 07, 2009 at 10:00 AM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ johnJ. Man~anL,Jr., Esq. ,,~ ___ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT1-I BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 2Q09,!#~~. -2 ~t~ 9~ 39 ~ ~r ~~~~ ,, ~ ~'Ui~v~i'~' i' ~r,~~~;~ ~'o L~r,~,~~. ~~~~~a r nuc o a 200 c~ AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-2748 CIVIL ACTION LAW JEFFREY KAMOWSKI, IN CUSTODY Defendant ORDER OF COURT AND NOW this ~_ day of August 2009, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: Legal Custody: The Father, Jeffrey Kamowski, and the Mother, Amy Kamowski, shall have shared legal custody of Aidan Lawrence Kamowski, born 09/15/2001 and Madison Adeline Kamowski, born 12/12/2003. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custodv: Mother shall have primary physical custody of the Child subject to Father's physical custody three overnights per week as follows: a. In week one, Father shall have physical custody of the Children from Wednesday until Saturday morning. The times, locations and transportation obligations for the exchanges shall be by mutual agreement. b. In week two, Father shall have physical custody of the Children from Thursday until Sunday morning. The times, locations and transportation obligations for the exchanges shall be by mutual agreement. c. Mother and Father may alter/modify the above schedule as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In regard to the Children's birthdays and adoption days, the non-custodial parent shall have two (2) hours to spend with the Children. The holiday schedule supersedes the regular custodial schedule and requested vacation time. 5. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information 1 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 9. Relocation: The parties have negotiated the physical custody agreement based upon the parties' residences in Cumberland County. If either party intends to establish residency outside of Cumberland County, he or she must give to the other parent at least sixty (60) days' written notice in advance of the proposed move, in order to allow the parties to confer prior to the move and to establish a mutually satisfactory arrangement in light of the changed circumstances. In the event the parties are unable to reach an agreement, the parties agree that the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody Order via a relocation hearing. 10 This Order is entered pursuant to a Custody Conciliation Conference. the provisions of this Order by mutual consent. In tl this Order shall control. The parties may modify terms of Distribution: ~ristin Reinhold, Esquire ~ennifer Spears, Esquire ./J'ohn J. Mangan, E'1~squi/~re C t ES m~ ~l~ g1~1 °~ HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day From 9 am until 9 m Mother Father Ind endence Da From 9 am until 9 m Father Mother Labor Da From 9 am until 9 m Mother Father Halloween From one hour before trick or treating to one hour after trick or treatin Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 m on Thanks 'vin Da Father Mother Thanksgiving 2° half From 2 pm on Thanksgiving Day to noon the day after Thanks 'vin Da Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2° Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father l AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-2748 CIVIL ACTION LAW JEFFREY KAMOWSKI, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Aidan Lawrence Kamowski 09/15/2001 Mother and Father Madison Adeline Kamowski 12/12/2003 Mother and Father 2. A Conciliation Conference was held with regard to this matter on July 30, 2009 with the following individuals in attendance: The Mother, Amy Kamowski, with her counsel, Kristin Reinhold, Esq. The Father, Jeffrey Kamowski, with his counsel, Jennifer Spears, Esq. 3. The parties agreed to the entry of an Order in the form as attached. 3 /`` ~-- Date John angan, Esquire Cus d Conciliator ~' ~' r.r if/'. ~': '''l.. r,! , . AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ~ NO. 09-2748 CIVIL TERM ~ ~ ~~ ~ ~ JEFFREY KAMOWSKI, :CIVIL ACTION -LAW > ,' ~ ~m Defendant IN DIVORCE ~, _ w ~jg 1 ~~- ~_ ~. ~~ ~ ~~- L. AFFIDAVIT OF CONSENT ~ r o -< 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. f- - Date: (,~ I C~ Amy Kamowski AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLV A~T A ~~. v• NO. 09-2748 CIVIL TERM -vc``` L ~ ~~ fry ~- . ~ m~ _. JEFFREY KAMOWSKI, :CIVIL ACTION -LAW o? > ~ _ Defendant IN DIVORCE ;~= ~` ` +~ =~ ~ ~~ ~~ w ~~ 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ' ~ ' 1~ Amy mo ski F:~FILES~Clients'13449 Kamowski~13449.1.aoc Revised: 12i 29/09 I : 14 PM Jennifer L. Spears, Esquire c o MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~' ~ ~- ~ ~ ~ MARTSON LAW OFFICES ny ~' ~'_ r _ I-- ~ 'L7I71 LD. 87445 1 ~,. w 10 East High Street -. -o - -t, -~ ' ` Carlisle, PA 17013 ~~~ w ~rn (717) 243-3341 ~ ;_ Attorneys for Defendant ~ o ~ AMY KAMOWSKI, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY KAMOWSKI, Defendant NO. 09-2748 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 1, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: January 4 , 2010 e wski, Defend Jennifer L. Spears, Esquire c © ,~-, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER -~~ ` ~' MARTSON LAW OFFICES r~~,. ~-~ ~ r~,~ LD.87445 vr~, -- '~~ 10 East High Street <~ `- ~~~ Carlisle, PA 17013 ? ~: ~ ~ (717) 243-3341 z ca ~ ' Attorneys for Defendant =;~ ~' c~ AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSY LVANIA v. NO. 09-2748 CIVIL ACTION -LAW JEFFREY KAMOWSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d~ OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of'property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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: January 4. 2010 Jeffre a w i, Defendan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY KAMOWSKI V. JEFFREY KAMOWSKI : NO. 09-2748 CIVIL TERM DIVORCE DECREE ~- A,• t~p c.. M AND NOW, ~ ~"4 a ~ ~ ~ , it is(ordered and decreed that AMY KAMOWSKI plaintiff, and JEFFREY KAMOWSKI ,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.") The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. By Attest: J Pro onotary ~~-~a ~ Jane Adams ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esqadams@gmail.com AMY KAMOWSKI, Plaintiff vs. THE - r 'jjjjj..j rj_ .i' i HE-PfRO 1IGUUOYitili 2J►Uf JUN 12 PM 0: ! i CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2009 - 2748 Civil Term JEFFREY KAMOWSKI, : CIVIL ACTION - LAW Defendant : IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, comes Plaintiff/Petitioner, Amy Kamowski, by and through her attorney, Jane Adams, Esquire, and petitions the Court as follows: 1. Amy Kamowski, (hereinafter referred to as "Mother"), is the Plaintiff in the above -captioned matter, and is an adult individual currently residing at 60 Harvest Drive, Etters, York County, Pennsylvania, 17319. 2. Jeffrey Kamowski, (hereinafter referred to as "Father"), is the Defendant in the above -captioned matter, and currently resides at 260 Gibson Street, Rear, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are the adoptive parents of two children, namely, Aidan Lawrence Kamowski, born September 15, 2001 and Madison Adeline Kamowski, born December 12, 2003. 4. The parties are subject to a court Order, dated August 6, 2009, which provides that the parties have shared•legal custody and which provides that Mother has primary physical custody, with Father having overnights with the children per week. V.3 •DC) rof.44 eit4 #/797 3 7a/s 5. Since entry of the last'Order, there has been a substantial change of circumstances in. that: (a),Father has received two DUI's since 2010 and Iost his license for approximately two years. . (b) Mother is aware of several incidents_where Father drove the the children during his custodial periods after drinking or during which he was drinking a beer in the vehicle: (c)Mother has smelled alcohol on Father's breath,at times immediately preceding his custodial periodsivith the children; — (d)Mother has, repeatedly begged Father to not drink alcohol when he has - 4 • physical custody of the children, and he said he would refrian from drinking, but has not done so. (e)Father has left the children at home alone without adult supervision when they were supposed to be in his physical custody. (e)Mother is extremely concerned about the children's safety while they are in his care due to his inability to refrain froth drinking alcohol. 6..! Due to Father's prior DUI's and recent alcohol use, which Mother has witnessed, Mother is requesting a modified, Order: . (a)That Father's custodial periods with the children be limited in such a way that protects the children and ensures their safety. (b)That Father be directed to refrain from all alcohol use before and during any times that he does have the children. (c)That Father be required to obtain an evaluation under 23 Pa.C.S. 5329, which would determine whether Father's contact with the children poses any threat of harm to the children. (d)That adjusts the transportation arrangements for under the custody order, that ensures the children's safety when they are being driven in a vehicle. 7. Mother is requesting that the current custody Order be modified, such that the safety of the children is ensured when they are to have periods of partial physical custody with Father. 8. It would be in the best interest of the children to modify this Order because a substantial change of circumstances has occurred since the prior Order and the prior does not adequately provide for the safety of the children. 9. It is believed and averred that the best interest and permanent welfare of the children will be promoted by changes proposed in this custody petition. WHEREFORE, Plaintiff requests the court to set a conciliation date to examine issues regarding custody of the children. Date: \\\V -k Respectfully submitted, ams, squire o. 79465 est South St. isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR MOTHER AMY KAMOWSKI VERIFICATION I verify that the statements made in this Petition 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: 69-5—\14 A y Ka owski, Plaintiff AMY KAMOWSKI, : IN THE COURT OF COMMON PLEAS { , Plaintiff : CUMBERLAND COUNTY, PENNSYLVANrn `~ vs. : No. 2009 - 2748 Civil Term zc; JEFFREY KAMOWSKI, : CIVIL ACTION - LAW Defendant : IN CUSTODYy FIs CRIMINAL RECORD I ABUSE HISTORY VERIFICATION I, AMY KAMOWSKI, hereby swear or affirm, subject to penalties of law including 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities that: 1. Unless indicated by my checking the box next to a crime below, neither I nor any other member of my household have been convicted or pled guilty or pled no contest or was adjudicated delinquent where the record is publicly available pursuant to the Juvenile Act, 42 Pa.C.S. §6307 to any of the following crimes in Pennsylvania or a substantially equivalent crime in any other jurisdiction, including pending charges: Check Crime Self Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. Ch. 25 (relating to criminal homicide) 18 Pa.C.S. §2702 (relating to aggravated assault) 18 Pa.C.S. §2706 C (relating to terroristic threats) Sentence Check All that apply 18 Pa.C.S. §2709.1 (relating to stalking) Crime Self /Other Date of household conviction, member guilty plea, no contest plea or pending charges 18 Pa.C.S. §2901 (relating to kidnapping) 18 Pa.C.S. §2902 (relating to unlawful restraint) 18 Pa.C.S. §2903 (relating to false imprisonment) 18 Pa.C.S. §2910 (relating to luring a child into a motor vehicle, or ... structure) 18 Pa.C.S. §3121 (relating to rape) 18 Pa.C.S. §3122.1 (relating to statutory sexual assault) 18 Pa.C.S. §3123 (relating to involuntary deviate sexual intercourse) 18 Pa.C.S. §3124.1 (relating to sexual assault Sentence Check Crime Self /Other Date of All that household conviction, apply member guilty plea, no contest plea or pending charges 18 Pa.C.S. §3125 (relating to aggravated indecent assault) 18 Pa.C.S. §3126 (relating to indecent assault) 18 Pa.C.S. §3127 (relating to indecent exposure) 18 Pa.C.S. §3129 (relating to sexual intercourse with animals) 18 Pa.C.S. §3130 (relating to conduct Relating to sex offenders) 18 Pa.C.S. §3301 (relating to arson and relating offenses) 18 Pa.C.S. §4302 (relating to incest) 18 Pa.C.S. §4303 (relating to concealing death of child) •••••••••••• 18 Pa.C.S. §4304 (relating to endangering welfare of children) Sentence 18 Pa.C.S. §4305 (relating to dealing in infant children) 18 Pa.C.S. §5902(b) (relating to prostitution and related offenses) 18 Pa.C.S. §5903(c) or (d)(relating to obscene and other sexual materials and performances) 18 Pa.C.S. §6301 (relating to corruption of minors) 18 Pa.C.S. §6312 (relating to sexual abuse of children) 18 Pa.C.S. §6318 (relating to unlawful contact with minors) 18 Pa.C.S. §6320 (relating to sexual exploitation of children) 23 Pa.C.S. §6114 (relating to contempt for violation of protection order or agreement) Driving under the influence of drugs or alcohol Manufacture, sale, delivery, holding, offering for sale or possession of any controlled substance or other drug or device 2. Unless indicated by my checking the box next to an item below, neither I nor any other member of my household have a history of violent or abusive conduct including the following: Check all that apply A finding of abuse by Children & Youth Agency or similar agency in Pennsylvania or similar statute in another jurisdiction Abusive conduct as defined under the Protection from Abuse Act in Pennsylvania or similar statute in another jurisdiction Other: Self Other household members Date 3. Please list any evaluation, counseling or other treatment received following conviction or finding of abuse: 4. If any conviction above applies to a household member, not a party, state that person's name, date of birth and relationship to the child. 5. If you are aware that the other party or members of the other party's household has or have a criminal/abuse history, please explain: InI 44 Yvk w31' Qce Z DU3 i n 201 0 1 verify that the information above is true and correct to the best of my knowledge, information or 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: Lo' V—P% tAOLOSK Printed Name AMY KAMOWSKI IN THE COURT OF COMMON PLEAS OF PLAINTIFF V. JEFFREY KAMOWSKI DEFENDANT . CUMBERLAND COUNTY, PENNSYLVANIA 2009-2748 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, June 16, 2014 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 22, 2014 10:30 AM for a Pre -Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. You must file with the Court a verification regarding any criminal record or abuse history regarding you and anyone living in your household on or before the initial in-person contact with the court (including, but not limited to, a conference with a Judge or custody conciliator) but not later than 30 days after service of the complaint or petition. No party may make a change in the residence of any child which significantly impairs the ability of the other party to exercise custodial rights without first complying with all of the applicable provisions of 23 Pa.C.S. §5337 and Pa.R.C.P. No. 1915.17 regarding relocation. FOR THE COURT, By: /s/ John J. Mangan, Jr., Esq.9 h,r- Custody Conciliator f� The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c-7 -�a CZ 4'iteCumberland County Bar Association -aCZ -: -i-- ----i S /v' 21 L&c/ 32 South Bedford Street rnPI c ' 01 /O /-dam1/ '.-C t, Carlisle, Pennsylvania 17013 � i; Telephone (717) 249-3166 r -c. —1c:� hit '1e�/ N) AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-2748 CIVIL ACTION LAW c., • Tj JEFFREY KAMOWSKI, IN CUSTODY rn 3 • z Tf Defendant Z rr, . • rn --- nr'r te— -o r <▪ z --r; C) CJ = co i>n • --4 C3 3 AND NOW this 1 day of 3 yd2014, upon consideration of the attached Qustt 4y ; . Conciliation Report, it is Ordered and Directed as follows: Prior Judge: Edgar B. Bayley, P.J. ORDER OF COURT 1. Legal Custody: The Father, Jeffrey Kamowski, and the Mother, Amy Kamowski, shall have shared legal custody of Aidan Lawrence Kamowski, born 09/15/2001 and Madison Adeline Kamowski, born 12/12/2003. The parties shall have an equal right to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Children subject to Father's physical custody three overnights per week as follows: a. In week one, Father shall have physical custody of the Children from Wednesday until Saturday morning. The times, locations and transportation obligations for the exchanges shall be by mutual agreement. b. In week two, Father shall have physical custody of the Children from Thursday until Sunday morning. The times, locations and transportation obligations for the exchanges shall be by mutual agreement. c. Absent further Order, the Children shall attend school in Mother's school district, currently the West Shore school district. d. Mother and Father may alter/modify the above schedule as the parties may mutually agree. 3. The non-custodial parent shall have liberal telephone contact with the Children on a reasonable basis. 4. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In regard to the Children's birthdays and adoption days, the non-custodial parent shall have two (2) hours to spend with the Children. The holiday schedule supersedes the regular custodial schedule and requested vacation time. 3 5. Each parent shall have two non-consecutive weeks of vacation with the Children per year. The requesting parent shall give the other parent 30 days advance notice of the requested time and this vacation week shall supersede the regular physical custody schedule. In the event the parties schedule conflicting vacations, the party first providing written notice shall have the choice of vacation. Prior to departure, the parties will provide each other with information regarding the intended vacation destination and a telephone number at which they can be reached during their vacation. The parties may expand this vacation time by mutual agreement. 6. In the event the custodial parent should take the Children out of state, the custodial parent shall notify the non-custodial parent within twenty-four hours of departure of the intended destination and a telephone number at which they can be reached. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Children. 8. In the event of a medical emergency, the custodial party shall notify the other party as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use illegal substances or consume/be under the influence of alcoholic beverages to the point of intoxication. Specifically in regard to Father, he shall not consume any alcohol immediately to or during any periods of custody. This provision shall be adhered to and shall be grounds for contempt by Mother if not complied with. Father shall continue to engage in alcohol counseling until successfully discharged. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Dj' tribution: 4/1ane Adams, Esq. .../reffrey Kamowski, 260 Gibson St., Carlisle, PA 17013 ----Ian J. Mangan, Esquire Cop 1'eS _ t l_.- gyi,,fir - J. HOLIDAYS AND SPECIAL DAYS TIMES EVEN YEARS ODD YEARS Easter Day 1st Half From 9 am until 3 pm Father Mother Easter Day 2nd Half From 3 pm until 9 pm Mother Father Memorial Day From 9 am until 9 pm Mother Father Independence Day From 9 am until 9 pm Father Mother Labor Day From 9 am until 9 pm Mother Father Halloween From one hour before trick or treating to one hour after trick or treating Father Mother Thanksgiving 1St Half From 8 am Thanksgiving Day to 2 pm on Thanksgiving Day Father Mother Thanksgiving 2nd half From 2 pm on Thanksgiving Day to noon the day after Thanksgiving Day Mother Father Christmas 1St Half From noon on 12/24 to noon on 12/25 Father Mother Christmas 2nd Half From noon on 12/25 to noon on 12/26 Mother Father New Year's From 6 pm 12/31 until noon January 1St (with the 12/31 year to control the even/odd determination) Mother Father Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father AMY KAMOWSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 09-2748 CIVIL ACTION LAW JEFFREY KAMOWSKI, IN CUSTODY Defendant Prior Judge: Edgar B. Bayley, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: _ Name Date of Birth Currently in the' Custody of Aidan Lawrence Kamowski 09/15/2001 Mother and Father Madison Adeline Kamowski 12/12/2003 Mother and Father 2. A Conciliation Conference was held with regard to this matter on July 30, 2009, an Order issued August 06, 2009 and a conference was held July 22, 2014 with the following individuals in attendance: The Mother, Amy Kamowski, with her counsel, Jane Adams, Esq. The Father, Jeffrey Kamowski, self- represented party 3. The parties agreed to the entry of an Order in the form as attached. 7/) 6P//47 Date John Cus "11 . F gan, Esquire onciliator