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HomeMy WebLinkAbout96-04859 ; ','II " '.. " ,I, " i\ " , " Ii , " , , , , .If ~II " , , , , " " , ", , , i' , , 'I I, " , 1 , ", I, 't,! " , , , ,.I " I, " " , , ! ,I 'I ,',. " " , I " ", , /1 , ., , , , " , , " ',j , I N " ., d' ,'I' , " " S 'I 'I , , I " , , ., I , nl " .,. (I: , " , 1 ,I. (., , , " " ,1,111 " , <( :1, , "I , " ',',, ;", ., 1 " " ., .)1. I " L, 'i " " " -! " , " " " 'I ',.1 , I. " " , , , , 1-,1 , !, , I. 1 ,. " , ,'t> , i " II , , , , ~ " " , " , , I" , " .... ',1 '" " ", , " d. " " . " ., , ,I 1 , " " , , 'I', ! " , , I;, " , , , , ., " I", , I " .1 , " Ii 'I , ,I , , , , " ., " II. , ,,'Ii, \ , ,,' " 'I, " I'" , , I" , , " " I, i ., , 1 , , , , " , , " , " , , " " '" I " J , ", , , , , , , , " " ,,' , , I " , , , I 'I " , " , I, , - , , '~j'Hj"JJ.._ i","I'.""''';, " I ,'j I ., I, , , ., , , , "I I' '. " , , " " , , " ., , , , " " , " I , , , , ,-I , ", 1,'1 .,1 " , . : , " , , , " I, " :, , , ,;', il {, fl.'I.,. 1'1" ',', (, .' I,i "'IJI' . 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"\i,lll " "''''')'\;'1/1\ " I ,I,I"J /, I'. i , " , ,I I , , , ,d , , " Ii 'I ., , ' :1, , , " " , , , " , , " " " " 12, Th~ 1'~llllolI~r COllllllu~s 10 h~ IlIcurccrllt~d IlIlhe ('umb~rlulld Counly l'rlsonund hus purtlelpul~d lllullthe s~x olTend~r prullrllms ulld hils coop~ruled wllh Ihe prlsollonkluls IInd thclr counseling slllce his IlIcurcerllllon, 13, Your I'ctlllouer's minimum dule Is August 2M, 201l1lund your I'etllloner expects 10 hc pumled shortly ufter his minimum dtHe, 14, To dUle. l~espondenl hus uol provided Petitioner wllh uny reporls or evuluulions which would Indlcule Ihut It Is not In the minor child's hest IlIleresl 10 huvc conlucl wllh Ihe fUlhcr, 15, Pelilloner hilS recelvcd u leller frulll Ihe Respondent udvlslnllthe I'elllloller thul shc is moving 10 the Slule of New Jersey on or ubout June 24, 211110 und Is luklng Ihe children wllh hcr, 16, Respondent hus denied u requesl hy Ihe Petltloncr lhul he be ullowed 10 see his son prior to June 24,2000, 17. Pelllloner Is fellrfulthtHlhe Respondenl's move to the SllIle of New Jersey Is Ull effort Oil her purt to prevcnt him from having any further contacl wilh his minor child. 1M, Pelitloner believes and therefore avcrs lhallhere are no pOlenlialadvallluges wllh respecl to the pmposed move, economic or olherwise, nnd Iherefore there Is no likelihood thut Ihls move will improvc the Iluallly of life for cllher Respondenl or the children, 1'1, The Pelllloner Is concerned lhallhere will he lillie, If any, renllsllc nnd SUbslllule vlsllntion nrrtlngements which cun be made 10 renew IlJ1d foster n relnllonship belween the Pelltloner nnd his minor child, " , , '" "I ....,. ,- \_, . , " , ,\ ~r, '. ) ~~, Ii " l ~.;! ''"::) ,,) , " ' . I~ , "j(, .. lit' , " .' ~ " :1 , , . I I J, 11"1 " " , , " ., . , " " ,. ,II " ',. " , , . . I' " , , ' '. ,. , " " , 'o. r. ~ , /, ~~.. 1,;1,: - I"; .. . iJTt '.I " " " ';1 (H~ "" '.. I.. 1:_1 " " '." r;) , 1 i""l I" , ,- r.,. , /'1:1 " ~ L.' l.l.. " ", ('.J ,~.::) , ~) , \,'/ t.,) , , , , " , , " , " " " , , , , , , " , , ~urning ubout $24,276 pCI' yeur. Il. Atu ~hild support eonlerence on April II, 2000 Pctltiun~r hut! In excess uf $2lJOO.00 Inth~ bunk which he cuuld huve uNed tuwurd un cvuluutlon. 'I. III the perlud uf incurcerutlon, since August 1'1'17, the mhwr child hus rccl!ived less than IlIleen (IS) plel!es of currespondl!ncl! frum Pl!tltluner. 10. Rl!spulldl!nl'S counsl!1 hus recl!llll)' rl!cl!lved correspundl!lIcc frumlhl! thl!ruplsl who has treatl!d Zachury slllcl! Decembl!r 31. I 'I'll! indkutlng llmt it would bl! truumulk lilr Zachary to visit with Petitioncr, s~~ l!xhibits "A" und "U" u!tachl!d hl!relo. II. Respondent's counsl!l has rl!cently received currespondencl! fromlhe ps)'chlulrist who has trl!ated Zachary since July 14. 1'1'19 indiculing Ihut it would be in Zuchury's best inll!rest lu mow tu a nl!W geogrnphkalureu due 10 thl! reminders of the ubuscs the tiunily endurl!d secondary to the ubuse perpetrated by Petltl(lIll!I'. s~~ l!xhlhit "C" a!tuchl!d hl!rl!lo. 12. Respondent's deniul OfPl!tltloner's request is supported by the rl!comml!ndutlon of Zuchary's Ihempis\. 13. Petitioner has wuited until four days prior to the move to me this Petition in un lI!temptto block the mow. 14. It is not known when Petitioner will be released from prison. IS. If a custody uction is not filed for ulengthy period of time, und trellting expert opinions lire needed by the court. It will creute lIn unreusonllble burden on Respondent to produce those experts in Pennsylvllnlu while she is living und ruising children inllnother stute. 16. Jurisdlctionlll issues of IIny post releuse custody lIetions clln be decided ufter they arc llIed, hused on the fucts und cireumstuncl!s which exist ut thut time. 17. Petitiuner believes. IInd hus prolessionlll opinions indicuting. thutthe move will ~ - TIlE STEVENS CENTER ,jJ ~Iil!'! ,\\I'nu" (,HII',II', 1'\ 170ll ~J Melissa Peel Greevy 214 Senate Avenue Suite 602 Camp HIli, PA 17011 23 May 2000 Dear Mells6a: Thl6 lelter Is In reference to Zachary T, Arentz, the son of your client, Michele L Penevolpe, Zachary has been seeing me 61nce 31 December 1996 as an outpatient client at The Stevens Center and then as a client In The Stevens Center'6 Wrap Around Program, As a client, In the Wrap Around Program, I a6 the therapl6t, go Into the home to work with Zachary and his family as a Family Stabilization Therapist, During the past seventeen month6, I have seen ZacharY'6 emotions In both extremes, positive and negative, He tends to also follow family members In their emotional 6tates, All of Zachary's family member6 are undergoing a lot of 6tre6S, especially since October 1999, Prior to that the family was able to cope with emotional highs and lows, Emotions were manageable, In October 1999, the family wa6 notified two week6 after the fact the Zachary's father was out on work release, The family was very frightened and Zachary came to understand the gravity of the 6ituation through a lot of therapy and long dlscus6ions with hl6 mother, Michele. In particular, Zachary does not completely understand the charges against his father and thus the reason for Incarceration, He does understand that his father touched the girls inappropriately, He has a difficult time under6tanding this, as m06t eight year old boys 6hould. Zachary does not really believe that what his father did was all that terrible, but as he discussed this with tlis sl6ters, he has a better understanding of how they feel and what they think. Zachary's and the family's emotions took a spiral downward In March as Jennifer and Nicole had to testify to a parole hearing officer as ZaChary's father Rick comes up for parole in August 2000, Both girls testified to what Rick did to them and his threats and manipulation to conceal his crimes against them, Both had to recall events that they attempted to bury, As a result of the testimony and digging up of buried memories, Nicole has been In psychiatric hospitals twice and a drug and alcohol treatment program, She has attempted suicide and has not been in 6chool, her 6enlor year, since March 2000, Jennifer still keeps her emotions to herself, This is a dangerous as An ,\~,'nc.,. or l.nit,!d \\a\ of Ihl! Greater c.l,li,le '\"c,l . lnil,'d \Val 01 the c.1Pil,11 R('~"'n . ShlrlJ.!n,bur~ Are,ll:nlll'd \\a\ ClJlllherl,lnJ re,,\ .\lent,lllllc,llth and ,\lent,11 R"!.l"J,lt.<ln Off ICO! . ClJIllIJCrlard.j'e,,\ Dru~ & ,\tulhol Cornrni"ion Carl"k 71nH60JJ . Cl'ntl.III',\ \.H88.2H60JJ . f,\\ 717-2.\3.0776 'Vi.I.'II''''!. '.' , : -j~.. ,"('-';;'l: - I Jm\11:.'-"~I',11',~, ' I~}}!l ~;1l.- ""i~i." i~r~l"'.I'-I'-,(,,,: \ Jt"~";\_:',,'\',~_lr l!,~;',~};:J';i'\ . l'I'.""lt'." ril v, ~ 'J ','; --,; I ~11 1" I t /,' - ,: 'i' ' :~;f .":' ',': ~qe'::\-II'",I .'1 m'.'-J.\!I\;:'f., "'!. ,.,.,L!I '_,F " I . './'. " . ~ ,: .,,1,' ,/' ,,') 1" Wt;iif:1(~i,fil'.I,ii ': L;',.' ~_~"" J: i'ji If '~_';".'i:-_ 'J'P-. 1'''II'II",'i,I,_I._!:", I '.~t;i JII-"f-'I\'r;,_" ,,',I Ji .,1; l'nj~.',~-~,!\:!,_ '" , ','t,;, - yr~ll!!.I''r .1.1.;1"11 :'j :,,-,(, ,,' -k:lll,l!,;I:l'h';' \, t.' '''f''\ ,~,'.- ~'I J - ." 1. _ _!, /,.I"'!f!I.A.I.U.',;,. ":. '" ,fW\'III}I~:<_:;:;1 .' ,_ "'jI/i;d;,';\Yiflf,ll'"f I~';;I,: 'I'!' , "t!j\!;r;;j'I,!:!!r/i1}6.. '~, '. ',,: .",r,rl)'j"aQ . . MICUELE LEE ARENTZ, 1)lalntlll' Ihr her6elf and on behalf of her minor children: NICOl.E TRAVIS, JENNIFEI\ TRAVIS, TANYA l.EE TRAVIS. and ZACHAR Y THOMAS ARENTZ, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVil. ACTION. LAW v. RICHARD MAXWELL ARENTZ, Defendant NO. 96.4859 CIVIl. TERM PROTECTION FROM ABUSE AND CUSTODY MOTION FOR CONTINUANCE The plaintiff, by and through her "!torney, JOLIn ClIrey of Legal Services, Inc,. moves the Court for an Order continuing gcnerlllly the hearing in the above-captioned case on the grounds that: I A Temporary Protection Order was issued by this Court on August 30, 1996, scheduling a hearing lor Wednesday, September 4. 1996, lit 330 p.m. 2, The Cumberland County Sherill\ Department served the defendant with a certified copy of the Temporary Protection Order and Petition tor Protection Order on September 3, 1996, at approximately 10JO a,m, althe marital residence, 1011 Walnut Street, l.emoyne, Cumberland County. Pennsylvania, 3, The defendant has retained R Mark Thomas of Walters &. Thomas to represent him In the maller, 4 The parties agrec. by and through their respective counsel, that the hearing be continued generally to facilitute the signing of a Consent Agreement in this case. s. The plainlill' requests that the Temporary Protection Order remain in effect for a period of one year or until furthcr Order ofCollrt. 6, A certil1ed copy of the Order for Continuance will be delivered to the West Shore Regional Police Department by the allorney for the plainlill: , , " " ~ \II ," ":1' L"~' ~;; ';1 ~';") " ',\~, "' ~ ; !r );,~ ':2' ,... " " J' r,r ' r . ,~ I ""'J t..1 ei! !;~ 1" !'Ii] /jtL " "I ',:1 1.:' r" .. , ' 'C " , , I ,',.\ " " , .' " II I I " , ' " , . , " , " , , " " " , " III " , " " ,.j '--.( I:j " , t~ >I ~l " , ",~ 1-,) JJ " 'I I, , , , " , , , , " 'I' ' i'" " " . 6, The delimdant is excluded Irom the plaintill's residence located at 1011 Walnut Street, Lemoyne, Cumberland County, Pennsylvania, and Is ordered to slay away Irom any residence the plaintlll'may In the tinure establish lilr herself 7. The Cumberland County Shcrill's DcpRI1ment shall mllintuln custody of the delcndant's weapons contlscatcd trOlll the residence at Illll Wnlnut Street, I.emoyne, through this Court's Tcmporary I)rotcctlon Ordcr of August :Ill, 19%, lor the tcrm of thc I)ro:cctlon Order, The defcndant is prohibited trom acquiring or posses~lng uny weupOl16 fi)r the duration of thc Order, 8, The defcndant shall reimburse the plalntil1's out-ol:pockct losses of $980,00 sullcred as a result of the abuse including, but not limitcd to, the losscs listed on the all ached sheet marked Exhibit A. Thc lirst payment 01'$81.67 shall be made to the plaintill"in the form of a check or money order mailed to her residcncc within 7 days .Jf the dale the Protcction Ordcr Is entered in the above-captioned maller, and subsequent monthly payments 01'$81 ,67 shall be made each month thereafter for the next 12 months, untillhe 10lal amount of losses are reimbursed to the plaintiff, An award under this chapter shall not constitute a bar to litigation for civil damagcs for injurics sustained from the acts of abuse giving risc to the award or a linding of contempt under this chapter, 9, Court costs and tces arc waived, 10, This Order shall remain in el1ect tor a pcriod of one (I) year and can be extended beyond that time if the Court tinds that the dclcndant has commilled an act of abuse or has engaged in a pallern or practice that indicates risk of harn! to the plaintill" or thc minor children, This Ordcr shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, II, This Order may subject thc defcndant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Puc.s. ~61Ill; iil) a charge of indirect criminal contempt MICHELE um ARENTZ, I'lalnti1l' IiII' hel'5elr and on behalf of her minur children NICOLE TRAVIS, JENNIFER TRAVIS, TANYA LEE TRAVIS, and ZACHAR Y THOMAS ARENTZ, IN TIlE COURT OF COMMON IILEAS OF CUMBERLAND COUNTY, I'ENNSYLVANIA CIVIL ACTION" LAW v RICHARD MAXWELL ARENTZ, Defendant NO. 9(,-0.11159 CIVIL TERM PROTECTION FROM ABUSE AND CUSTODY CONS.:NT AGRHMt:NT This Agreement is entered on thistJQ'(...._ day uf September, 19%, by the plaintitl: Michele Lee Arentz, and the defendant, Richard Maxwell Arentz The plaintill'is represented by Joan Carey of LEGAL SERVICES, INC: the defendant is represented by It Mark Thomas of WALTERS & THOMAS, The parties ugrec tllllt the following may be entered as an Order of Court, I. The defendant, Richard Maxwell Arentz, agrees to refrain frum abusing the plaintiff, Michele Lee Arentz, or the minor children or from placing them in fear or abuse 2, The defendant agrees not to have any direct or indirect contact with the plaintitl' or the minor children including. but not limited to, telephone and wrinen communicutions, with the exception of supervised visits the defendant will have with the parties' child, Zachary Thomas Arentz, through the Carlisle YWC A supervised visitation program, 3. The defendant agrees not to hllrBSS and stalk the plaintill' and not to harass the minor children or the plaintifl's relatives 4, The defendant agrees not to enter the plaintitl's place of employment or the NChools of the minor children or the day care facility of the parties' minor child, 5, The delendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties 6, The detcmdant allreeN to slay away from the plaintitl's rcsidence located at 1011 Walnut Street. Lemoyne. Cumberland County, Pennsylvania, and the detendant agrees to slay away trom any residence the plulntifl' nlllY In the luture establish for herself 7 The defendant agrces thut the Cumberland County Shcrln"s Deportment will maintain custody of thc defendant's weapons confiscuted from the residence at 1011 Walnut Street, Lemoyne, tbrough this Court's Tcmporary I)rotectlon Order of AUllllst 30. 1996, lor the ternl of thc Protection Order, and the defendant IIgrces thllt he will not acquire or possess any weapons lor the duration of the Order 8. Thc defendant agrees III reimburse the plaintitl's out-ol:pocket losses of $980,00 suffered as a result of the abuse. including but not limited to the losses listed on the attached shect marked Exhibit A The first payment of $81.67 will be made to the plaintill' in the form of a check or money order mailed to her residence within 7 days of the date the Protection Order is entered in the above-captioned motter, and subscquentmonthly payments of $81.67 will be made each month thereafter lor the next 12 months, until the total amount oflosscs arc reimbursed to the plaintill'. 9. The delendant, although entering into this Agreement, does not admit the allegations made in the Petition. 10, The defendant understands that the Protection Order entered In this matter will be in effect for a period of one (I) year and can he extended beyond that lime if the Court finds that the delendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm 10 the plaintilf The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, II. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa,C.S. ~6113; ii) a private criminal complaint under 23 Pa.CS, ~6113.1; iii) a charge of indirect I I r" :r' ('" , '. 41 ~ I ~I~I , .. ." r'" '". .~ I, I I'" ,I " , ~, i: :,,1 U' j' , "1 ()' I" <. i , ~ ,,' , (,. J',I ( I, I ,'. ,. , , , J I .... 1.1.. , U I.') i I <,. -..' , , , I' ','I " " " , , ~ ' I I' , i '" , 'I " " , ~i~ , J~ ;} ~-t ~J j iJ , , " F1IFo.r.)FI~!':f. Cr- ',,/,: IrriTl d'I)T/inV % NO\' l::i. Pli ('1 :10 1__-. _ , GUM: ':;1 'I" 'v (,,))I'I'IV , Pi.:I'l ~$YLVi\NIA , , , , ,I " , ' " , ' I I , , , , , , ! i-I il I, , .. I' ,I II \ \ II , I , ;-) i' 'I I " ,I, " ,: ~ , , /, , ~: ,... ',. !"; '-. .J.:: " ~!: e, ".I.~ j. ",. :, ~ :':1' ( ..1' ."! ")~j ~... I: , ,- C . ~J' :,:ii " " J', -. ;1 tp IT! I ~" :;r.e r fo.1 " , " ..,. "I 11.- ~~ , l" '...l, 1,1 , , II , ' " '" 1;[1 . , I , , . MICHELE LEE ARENTZ, Plaintiff for herself and on behalf of her minor children: NICOLE TRAVIS, JENNIFER TRAVIS, TANYA LEE TRAVIS, and ZACHARY THOMAS ARENTZ,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v, NO, 96.4HS9 CIVIL TERM RICHARD MAXWELL ARENTZ, Defendant PROTECTION FROM ABUSE AND CUSTODY ~ RULE AND NOW, this ~ day of ~. I 19J, upon consideration of the defendant's Petition for Return of Seized Property a Rule is entered upon the Cumberland County Sheriff to show cause, if any, as to why the Petition should not be granted, Rule Returnable within 3-0 Cumberland County Sheriff, days from the service of this Petition on the By the Court, J, ~ 4. The Order directs the Cumberland County Sheriff to keep these weapons for the duration oftlle Court Order, S. The Court Order is to remain in effect for a period of one (I) year and that one (I) year would have expired on September ~3, 1997, 6, There have been no extensions of the Court Order, 7, The defendant is currently incarcerated at the Cumberland County Prison and will be so incarcerated until at least August 28, 2000, 8, The defendant is now a convicted felon and therefore is not lawfully allowed to own, possess or transport firearms, 9, Although the firearm cannot be returned to the defendant, the defendant requests this Court to issue an Order directing the sheriff to transfer possession of these weapons to the defendant's parents, 10, As evidenced by the attached affidavits, which will subsequently be filed, the parents are stating that they will not return the firearm to the defendant, but in fact will arrange for the lawful sale of the firearm and provide the defendant with the proceeds from the sale, II, The defendant requests that this Court enter a Rule upon the Cumberland County Sheriff to show cause as to why these weapons should not be returned to his parents. 12, The Sheriffs Office has been contacted regarding the filing of this Petition and that office has indicated that the weapon will not be returned, 6, Denied, Respondent Is without knowledgc or InfonnaHon sufficient to fonn 11 bellcfllS to thc truth ofthls avennellt and proof thereof Is dcmanded at hearing, 7, Admitted, 8, Admitted, 9. Admitted in part and denied ill part, It i6 admitted that Defendant Is making the described reque6t. To the extelltthat the avennent sugge6t6 that the Court has authority to i6sue the requested Order, the avennent iN denied as being a conclusion oflaw; see also, further answer herein, 10. Admitted in part and denied in part. The affidavlt6 6peak for themselves. To the extcntthat the avennent 6uggests that there is lawful authority to pennit the proposed arrangement, the same is denied as being a conclusion of law; 6ee also, further answer herein, 11. Admitted in part and denied in part, It i6 admitted that the Defendant makes the de6cribed reque6t, To the extent that this avennent suggest6 that the Court has lawful authority to order the return of the weapons to Petitioner's parent6, the same i6 denied as being a conclusion of law; see also, further an6wer herein, 12. Admitted, BY WAY OF FURTHER ANSWER, RC6pondent avers the following: 13. On Augu6t 28, 1997, Petitioner was convicted of the crime of Involuntary deviate sexual intercourse, 18 Pa,C,S, ~ 3123, a felony ofthe first degree. 14, Under the mandate of 18 Pa,C,S, ~ 6105, a person convicted of the crime of .."., ~"''''i' "- , , ~ ,.... ~ II' 0:.:: t!-~ .. ~ !./ - ~ ~ ~;\! - " .... I, t,} ~ CYJ " ~li ."u' :il~ r, ~;,,~' - L.l 1J1~ (' . ~ .r. " II, m d il U , '" ,I , I ! , "I " , " I, " " I .I' ',I , , " , , " I I 'I . I ]I' I I, FIIJn..l)tF',CI: I')F'I".,' ,"I'I"',i)'fNW S9vr-\)'.;~ r,\'.llltj~ 1"\'" I \,.,,.11' \""! t,.; , I'/"~ -I .. " " "'1','( "..,) ;:{, -,,;;4# d.I. il<;p,..,A; ~ -4~" .:; '.~ fill, 7'!J'1tdl 1k':~.fI,I i 4Ij .x4t!l!t/~ "",1 flf Ib ' --I..k "../ " " " ,," W~ ftM'~" IttJ" <>J/~~t ' , , " " I,' " I, i/ " , i !i , ' I' " " ' " " ,-I " " " , '" ,) i \ I \ 5, On Septcmbcr 23, 1996, upon c0116idcl'lltion of B Conscnt Agrccmcnt of thc partics, thc Court entercd an Ordcr which continucd physiclIlllnd Icglll custody ofthc minur child, Zachary Thomlls Arentz, with thc rcspondcnt, but providcd pctitioncr with not only tclcphonc and writtcn climmunicatiuns with his minor child, but also providcd thc petitioncr with supcrviscd visits with tIll: minor child through the Carlislc YWCA, 6, A ncw Ordcr WIIS lmtcrct! on Novcmbcr 15, !996 pursllant to a Petition for Mudification mcd by thc respondcnt which requcstcd thc Court to enter an Order that petitioner no longer be restricted in his contact with his minor child, 7, Between Nuvembcr IS, 1996 and August 28, 1997, petitioner's date of sentence, the petitioner had numerous direct visits with the minor child, 8, Nothing occurred during the direct visits that the petitioner had with the minor child to cause concern about the propriety of petitioner having conta,cts with his minor child, 9, The petitioner has been incarcerated in Cumberland County Prison since August 28, 1997, 10, Sincc his date of incarceration pctitiuner has had four (4) visits with his minor son at thc Cumberland County Prison with the IlIst visit having occurred on January 9, 1998, 11, In February 1998 your petitioncr receivcd a leller from his minor son, but that is the only contact hc has had with his minor son since pctitioner has not been able to cll11 the respondent nor has thc respondent made IIny efforts to havc thc minor son visit with petitioner, ~ I" r. hI t:..J "' "i, ' " .!,~ " I""" '" , )._1 ....-- 'r'O ,j '-'I f!: I, ' , 11-." lJd :,~ 1 i',r , I' , fi" I,l) '.il , ,L1U," ," ;II, , Ii tJ'lI' ....t., \ i itlj , , "1 L'j I.',l'l.. 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MICHELE LEE ARENTZ, Plaintiff for herself and on behslf of childrent NIOOLE TRAVIS, JENNIFER TRAVIS, TANYA LEE TRAVIS, and ZACHARY THOMAS ARENTZ, vs. I I her minort I t I I t t IN 'rilE OOIJR'r OF <XlMMCX'l PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 96-4859 CIVIL TERM RICHARD MAXWELL ARENTZ, Defendant I I CUS'roDY PRI~ JUOGBc GeoI:ge B. IIoffer CUB'1OOY CDlCILIA'l'IOO SlJoIlIARY R8PCR'l' IN AaXlUlANCB WI'l'fl CltlBBRLAND CXXIflY RutB Of' emf. P9:))~fJRB 1915.3-6, the undersigned CUstody C".onciliator submits the following reportl 1. The pertinent information concerning the child who ia the aubject of this litigation ia as followst Child's Name Date of Birth In Cll8tody of Mother Zachary Thomas Arentz April 28, 1992 2. A Conciliation Conference was held on March 3, 1999, with the following individuals in attendance! The Mother, Michelle Lee Arentz, with her counsel, Melissa Peel Greevy, Esquire, and the Father's counsel, R. Mark Thomas, Esquire. The Father is currently incarcer.ated in the Cumberland County Prison and was not able to attend the Conference. 3. The Father filed this Petition for Visitation seeking t,o have the Child brought to the prison, where the Father is incarcerated, at least one time per month. The .,:cther opposed the Father's request based upon the recOlllllendations of the ct ild's counselor at the Stevena Center. According to the Mother, the Child is experiencing emotionel trauma which is reSUlting in physical problems. 4. It was generally agreed between counsel at the Conference that it would be advisable to have the Child's counselor address the issues involved with the Fathel:"s r.equest as part of the Child's paychological evaluation and to issue recOlllllendations. It was also agreed that the Father would obtain a psychological evaluation in connection with the custody issue. 5. The Conciliator agreed to hold the case open pending furthel:' advice fran counsel, as to the specific procedures fol:' evaluation of both the Child and tho Father after counsel had an opportunity to make l.nquiries and obtain additional information. After conferring further with counsel MICHEI.I! LEE ARENTZ, l'lalntlll' lor herself and on behalf of her minor children: NICOLE TRA VIS, JENNIFER TRAVIS, TANYA LEE TRAVIS, and ZACI-fARY THOMAS ARENTZ, IN TUE COllin OF COMMON J'U!AS OJ! CUMllERLAND COllNTY. PENNSYLVANIA CIVil, ACTION - LAW v, RICHARD MAXWELL ARENTZ, Delimdunl NO. 96- q ~{,r /( CIVIL TERM PROTECTION FROM ABUSE AND ClJSTODY AND NOW, this n:MPORARY PRO'U:CnON ORm:R 'I,. i r .. _".' duy of August, 1996, upon presentation and consideration of the within Petillon, and upon Iinding that the plaintil1: Michele Lee Arentz, and the millOI' children, now residing al an lIndisclosed locution liJr their protectionllnd to avoid further Abuse. are in immediate and prcscnt danger of abuse fhJIIl the defendant. Richard Maxwcll Arentz, the following Temporary Ordcr is entered Law enforcement lIlIendes. humlln service lIRendes lInd school districts shan not disclose the presence of Ihe plllintllT and/or the children In the jurisdiction or district or furnish any address. telellhone number. or any other demoRraphic Infol'matlon about th... plllintilT lInd/or children elcellt by furlhel' Order of Court. The d~fcndanl, Richllrd Maxwell Arentz, (SSN 203-42-(800)(DOB: 12/09/(2), is an adult individual residing al 1011 Walnut Strect. Lemoyne, Cumbcrland County, Pennsylvania, Is hereby enjoined from physically abusing the pluintit1: Michele Lee Arentz, or the minor children, or from placing them in fear of abuse, The delendanl is excluded Irom the marital residence located at 1011 Walnul Street, Lemoyne, Cumberland County, Pennsylvania. a residence which is owned by the defendant, and the defendant is ordered to stay away from Bny residence the plaintiff may in lhe future establish for henlelf The delimdant i6 ordered to retrain Irom having any direct or Indirect contact with the plaintill' or the milloI' children Including, but not limited to, telephone and written communications, The defendant is enjoined Irom hamssingand stlllklng the plolntill'and the minor children and from haraulngthe plalntlll'6 relatives, The defendant is enjoincd Irom entering the plllintill's place of employnll:nt or the 6chools of the minor children. The defendant is enjoined from removing, damuging, destroying or selling any property owned Jointly by the parties or owned by the plaintill' A violation of this Ordcr may subject the defendant to i) IIrrest under 23 J>a,c.S. ~6113; ii) a private criminal compluint under 23 J>a,C.5. ~6113 I; iii) a charge of Indirect criminal contempt under 23 J>a.C.S, ~6114, punishable by imprisonment up to six months and a line of $100,00-$1,000,00; and iv) civil contempt under 23 J>a,c.S. ~61141, This Order shall remain in ellect until modified or terminuted by the Court and can be extended beyond its original expiration date ifthe Court tinds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indiclltes risk of harm to the plaintiff or the minor children Temporary custody of Zachary Thomas Arentz, is hereby awarded to the plaintiff. Michele Lee Arentz, The defendant is ordered to relinquish to tbe sherin's department any weapons which he owns, possesses. has used or threatened to use against the plaintiff or the minor children, The defendant is prohibited from acquiring or possessing any weapons lor the duration of this Order, \AHEARINGSIIAl.l.BEIIELI>ONTIIISMA1"J'ERONTHE l.! Ie- DAV OF oJ lJ 'I~ }I' J ; L ,1996. AT "'; ~ :'.M.. IN COlJRTROOM NO. ,; I , CUMBERLANJ> COllNTY COlJRTHOlISE. CARLISLE. PENNSYl.V ANIA. commlued acts IowaI'd the minor children under circumstAnces which have placed the plaintill's minor children In reasonable fear uf' bOdily injury This has Included, but Is not limited 10, Ihe following speclllc instances of abuse a) On or IIbout August 27, 19'16, the plalntill' notilled Cumberland County Children & Youth Services (('('C&YS) uller her dllughters began relating numerous incidents of'the defendunt's (the children's slep-lillher), sexual abuse of them, These incidents have been documented by the CCC& YS caseworker and . local police departments hove been nutilled The children have indicated that the dcfendallt sexually molest cd themlromllpproximately 1989 until as recently as late August, 1996. On several occassions the dcfendnnt threatened to harm the children's mother If they told her or anyone else about his activitics and also told them that he "would have to go to jail if anyone found out." In or about June, 1996, the defendant bought a JS7 magnum handgun from a co-worker, The Cumberland County Sherill's Department And the Pennsylvania State Police have verified that there is no record that the defendant has a license to carry the weapon. The plaintill' fears that the defendant may harm her and her children. b) On or about August 22, 1996, the defendant punched the plaintiffs II year old daughter, Jennifer Travis, about her arms, and when she told him to stop because he was hurting her, the defendant told her that he was not hurting her and drew back his list in a threatening manner causing Jennifer to leal' he was going to strike her, c) In or about late Murch or early April, 1996, the defendant grabbed the plaintiffs 14 year-old daughter, Nicole Travis, by the front of her shirt, pulled her up 011' or the 11001' NO she wus slundlnll on her lues, shook her violenlly, Bud yelled In her roce, d) In or obout 1995, the delendanl grnbbed Nicole by her neck, bllcked her ugolnst her dresser, choked her, und closed her bedroom door so the plailllill' could not lICe whnl he wns doing The plnilllill' opened Nicole's bedroom door ns the delendanl wns still holding the girl by her nl!ck with one hand IInd dmwinl! bnck his list to strike her wilh lhe other hllnd Seeing lhe plnintitl: the defendllnt Icll the room, e) Since IIpproximlltc1y 199 I, the dctendllnt has abused the plnilllitl'in ways including, but not limited to, gmbbing her by hcr nrms, gmbbing her by her neck and pushing her ngninst the WillI. nnd threntening 111:1' saying, "I'd just love to knock you one," 6, On or nbollt August 27, 1996, lhe plllintitl' and her lour minor children left lheir residence at 1011 Walnut Slreel. Lemoyne, Cumberland ('oullly, Pennsylvnniu, in order to avoid 1I1r1her abuse, 7, The plaintill' believes IInd theretilre nvcrs thut she nnd the minor children are in immediate and present dllngcr of IIbuse Irtllll the delendant should they return to the home without the defendunt's exclusion and thatthcy arc in need of proteclion Irom such abuse 8, The plaintitl'desires that the delendalll be prohibiled Irom having IIny direct or indirect contacl with the plaintitl' or the minor children including, but not limited to, tclepbone and wrillen communiclltions, 9. The plaintill'desires that the delendant be enjoined Irom hurassing and stalking the plaintill'and the minor children, and thlllt bllnlssing her relulives. 10. The plaintill'desires that the detendalll be restrained trom entering her place or employment, and the schools of the minor children II. The plaintlfl' desires that the defendant be enjoined Irom removing, damaging, destroying or selling Bny property owned juintly by the parties or owned by the plaintiff, 12 The Illalntltl'deslres that any weapons the dcfimdant owns, possesses, and has used or threatened tu use against th~ plalntlfl' or the minor children be conllNcated by the Sherifl's Department. B, EXCUISIVE l'OSSt:SSIO!'i 13, The home from which the pllllntltl'lN asking the Court to exclude the defendant is owned in the name of Richard Maxwell Arentz, 14, The plaintilr currently has no place to slay with the minor children except the marital home, and the delcndant has family and friends In the arca with whom he can stay, 15, The plaintitl'dcsircs possession of the home so os to give the greatest degree of continuity to the lives of the children and to allow them to continue their education at their schools and to continue their school and social activities, 16, The plaintilT desires the defendant to provide suitable alternate housing for her and the minor children Co SUP~QRI 17, The delcndant has a duty to support the plaintilr and the parties' minor child, Zachary Thomas Arentz, 18, The plalntllr is in need of tinancial support Irom the defendant including, but not limited to: health insurance coverage, payment of unreimbursed medical expenses for the plaintiff and/or the children, the mortgage payment on the residence at 1011 Walnut Street, Lemoyne, Cumberland County, Pennsylvania, 19. The defendant is employed at the State Correctional Institution at Camp Hili, Pennsylvania, and has annual salary 01'$23,00000 &m Plaintiff, defendant, and the plalntilf a three daughters Addrftl 1011 Walnut Street Lemoyne, PA JlI1a February ,1996 to August 27, 1996 Plaintiff. defendant, and 303 Charles Road April 28, 1992 plaintitfsthree daullhters Mechanicsburg, PA to February, 1996 The plalntin: the mother of the child, Michele Lee Arent:z, is currently residing at an undisclosed location with the minor children for their protection and to avoid further abuse, The plaintiff Is married, The plaintiff currently resides with the following persons, &m.t Nicole Travis Jennifer Travis Tanya Lee Travis Zachary Thomas Arentz Relationship her daullhter her daullhter her daushter her son The defendant, the father of the parties' child, Zachary Thoma6 Arentz. 16 Richard Maxwell Arentz, cl1rrently residinll at 10 II Walnut Street, Lemoyne, Cumberland County, Pennsylvania, He Is married, The defendant currently resides alone, 25. The plaintiff has not previously participated in any litigation concernlnll custody of the above mentioned child in this or any other Court, 26, The plaintitf has no knowledge of any custody proceedings conceminll this child pending before a court in this or any other jurisdiction, 27, The plaintiff does not know of any person not a pany to this action who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 28, The best interests and permanent welfare of the minor child will be met if custody is temporarily granted to the plaintift' pending a hearing in this matter tor reasons including: a, The plaintiff Is a responsible parent who can best lake care of the minor child and who has provided lor the emotional and physical needs of the child since his birth b, The defendant has shown by his abuse of the plaintilT and her minor daughters that he Is not an appropriate role model for the parties' minor child c, The defendant's behavior has udvcrscly alfected the children. WHEREFORE, pursuant to the provisions of the "Protection fhlln Abuse Act" of October 7, 1976,23 P,S, ~6101 ~ K!j" as amended, the plaintifl' prays lhis Honorable Court to grant the following relief: A, Grant a Temporary Order pursuant to the "Protection from Abuse Act:" I, Ordering the defendant to refrain from abusing the plalntllf or the minor children or from placing them in fear of abuse; 2, Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff or the minor children including, but not limited to, telephone and wrillen communications; 3, Ordering the defendant to refrain from harassing and stalking the plaintiff and the minor children and from harassing her relatives; 4, Prohibiting the defendant from entering the plaintiffs place of employment and the schools of the minor children; 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff; 6, Granting possession of the home located at 1011 Walnut Street, Lemoyne, Cumberland County, Pennsylvania, to the plaintiff to the eKcluslon 01' the dcfendant, and ordering the del'endant 10 sIllY lIway trom any residence the plaintitl. mllY establish fill' herself pending a Ilnal order in Ihls malleI'; 7, Ordering the defendllnt to provide suitable alternate housing for the plalnlin' and the minor child; 8, Granting temporal'Y custody of the minor child, Zachary Thomas Arentz, to the plaintltl: and 9, Ordering the del'endant to relinquish to the sherill's department Rny weapons which he owns. possesses or has used or threatened to use Rgainst the plaintlfl' or the minor child, and prohibiting the defcndanl from acquiring or possessing IIllY other weapuns f(lr the duration of the order, 13, Schedule a hearing In accordance with the provisions of the "Protection I'rom Abuse Act," and, after such hearing, enter an order to be in cllectfbr a period of one year: I, Ordering the defendant to refrain from abusing the plaintill' or the minor children or from placing them in fear 01' abuse, 2, Ordering the defendant to refrain from having any direct or Indirect contact with the plaintifl' or the minor children including, but not limited to, telephone and wrillen communications 3, Ordering the defendant to retrain from harassing and stalking the plaintiff and the minor children and from harassing her relatives. 4, Prohibiting the defendant from entering the plaintill's place of employment or the schools ol'the minor children 5, Prohibiting the defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the plaintiff 6, Grant Ins possession of the home located 01 1011 Walnut Slreet, Lemoyne, Cumberland County, I'ennsylvania. 10 the plalntltl' to the exclusion of the detimdant, and ordering the defendant to stay away li'om any residence the plaint it\' may establish tor herself pending a I1nal order in this mailer; 7, Ordering the defenduntto provide suitoble alternllte h~using tor the plalntill' and the minor children, 8, Ordering the defendant to relinquish tllthe sherltl's departmenl any weapons which he owns, posscsses or hos used or threatened to use against the plaintifi' or the minor children, and prohibiting the defendant from acquiring or possessing any other weapuns ti.,r the duration ofthc Order, 9, Granting support to the plaintitl' and the parties' minor child, Zachary Thomas Arentz, In the amount of $100 per week payable to the plaintiff'in the form of a chcck or money ordcr, mailed to her re6idence, and ordering the defendant to provide health covcrage to the plaintitl' and the minor childrcn (Nicole Travis, Jcnniter Travis, Tanya l.ee Travis, and Zachary Thomas Arentz), directing the defendant to pay all of the unrelmbursed medical expcnses of the plaintiff and the minor children to Ihe provider or to the plainlill' when she has paid tor the mcdical treatment and directing thc defendant to make or continue to make mortgage payments on the residence of the plaintltl' 10, rdering the detimdant to reimburse the plaintltl's out-of.pockct losses suffered as a result of the abuse including but not limited to the losses listed on the attached sheet marked Exhibit A II, rderinll the defendant to pay $250,00 to Cumberland County, one of Lellal Services, Inc.'6 flmdinll sources os reimbursement for the cost of litillatlnllthls case and assessing the $25,00 surcharlle and court costs to the detimdant If the case Iloes to hearing, The plaintill' further asks thatthlsl'etitlon be llIed and served without payment offees and costs by the plaintiff. pending a further order at the hearing, and that certitled copies of this Petition and Order be delivered to the West Shore Regionol Police Department and any other appropriate police departments which have Jurisdiction to enlorcc this Order, The plalntifl' prays for such other relief as may be juslllnd proper, COl/NT II CUSTODY UNDER PENNSYLVANIA CUSTODY LAW 29, The allegations of Count I ubove arc incorporated herein as Iflully set forth, 30, The best interest and permanent welfare of the minor child will be 6erved by confirming custody in the plaintifl'as setlorth in Paragraph 28 oflhc Petition, WHEREFORE, pursuant to 23 P,S, ~ 5301 llt ~Jl" and other applicable rules and law, the plaintiff prays this Honorable Court to award custody oflhe minor child, Zachary Thomas Arentl, to her, The plalntill'prays for such other relief as may be just and proper, Respectfully submitted, ~~ //) - ..,)(~. , oan Carey, Allorney for ~tifl' LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 i'l " g ?;,; 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