HomeMy WebLinkAbout98-02563
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MICHELE L. ARENTZ, ) IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND COUNTY,
I PENNSYL VANIA
)
vs. ) CIVIL ACTION - LAW
I NO. 98- ..I (I,. ~~
) CIVIL TERM
RICHARD M, ARENTZ, )
Defendant ) IN DIVORCE
NOTICE OF A V AILABILlTY QE.c.o.uN.S.El.ING
TO THE WITHIN-NAMED DEFENDANT:
You have been named a~ the Defendant in a Complaint in a divorca proceeding filed in
the Court of Common Pleas of Cumberland County, This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
I down by the court, A list of professional rnarriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylva!1ia. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
I If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
II wai'Jer of your right to request counseling.
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MICHELE L. ARENTZ,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO. 98- ,.( '; I., .1
CIVIL TERM
RICHARD M. ARENTZ,
Defendant
IN DIVORCE
COMeI.AlNI..lNJ)NQRQE
AND NOW comes the above-named Plaintiff, MICHELE L, ARENTZ, by her attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1, The Plaintiff is MICHELE L, ARENTZ, an adult individual who currently resides at
1011 Walnut Street, Lemoyne, Curnberland COlmty, Pennsylvania,
2, The Defendant is RICHARD M, ARENTZ, an adult individual who is currently
incarcerated at, and resides in, the Cumberland County Prison in Carlisle, Pennsylvania.
3. Both the Plaintiff and Defendant havA been bona fide residents of the Common"
wealth of Pennsylvania for at least six months immediately previous to the filing of this
I Complaint,
I 4, The Plaintiff and Defendant were married on 10 November 1990 In Camp HIli,
Pennsylvania..
5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken,
7, Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
may have the right to request that the Court require the parties to participate in counseling,
COUNT I - IRRETRIEVABLE BREA1<DOWN
8. The Plaintiff requests this Court to enter a Decree of Divorce,
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
:;
COUNLU
9, The Defendant has been sentenced to imprisonment for a terrn in excess of two
years upon his conviction of committing a crime, and is currently Incarcerated serving that
sentence.
WHEREFORE. Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
CQUNT III . -EWJlIABJ..E DISIRUllHlO..N
10. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto,
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and porsonal, owned by the parties
hereto as marital property.
I verify that the statements made In this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa, C,S. 4904
(unsworn falsification to authorities).
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Samuel ,Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
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MICHELLE L. ARENTZ, I IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
l
ve. NO. 98 - 2563 CIVIL
RICHARD M. ARENTZ,
Defendant IN DIVORCE
ORDER Of COURT
AND NOW, this _~.b f.-' " day of
1999, the economic olaims raised in the prooeedings having been
resolved in aocordance with a marriage settlement agreement
dated April 20, 1999, the appointment of the Master is v~cated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BV THE
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;:'-'10 George
P.J.
.
cc:
Melissa Peel Greevy
Attorney for Plaintiff
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R. Mark Thomas
Attorney for Defendant
counsel, R, Mark '1'homas, E:squire, and WIF'E:, having been properly
advised by her counsel, Melissa Peel Greevy, c~squire, and
following full and complete disclosure with regard to marital
assets and the respectIve value of those assets, the parties
hereto have come to this l\greement, which follows:
NOW, THEREFORE, in cons idEJra t ion of the above reci tals and
the following covenants and promises mutually made and mutually to
be kept, the partios, intonding to be legally b9und, agree as
follows:
1, AGRI':E:MI~NT NOT TO_.BI': .JLBAR.-:1'O. DIVORCE: PROCE:r~DING~
On or abOllt May 5, 1998, WIFE: fll"d a Complaint in Divorce
seeking a divorce under both no-fault and fault provisions of the
Divorce Code of Pennsylvllnia, It is hereby agreed that the
parties will proceed under the no-fdult provisions, spocifically
Section 3301 (c) of the Divorce Code, Within fifteen (15) days
after the final execution of this Marriage Settlement Agreement
each of the parties hereto \1111 file an Affidavit of Consent to
the entry of a Divorce Decree and a Waiver of their right to
receive notice of the other party's intention to seek entry of a
Divorce Decree, This Marriage Settlement Agreement shall be
incorporated, but not merged. into the final Decree in DivorQe.
No Court may change the terms. of this Agreement, which shall be
enforced In accordance with its terms,
7 . AIJTQMOI:U Lffi.~
The par.'ties have disposed of the vehicles that they had
during the marria\]e, HUSBAND har; sold the 1988 Nissan [<ing Cab
truck and is paying the d:lfferenc.;e owed to his parents who paid
off the balance, WIFE has sold her 1986 Plymouth van in 1998 for
$200,00, Both parties waive any right, claim, tItle or interest
in the vehicles or the proceeds receIved from the sale of those
vehicles,
8, AFT~-ACQUIRED PERSONAL PROPERTY
Each of the partIes shall hereafter own and enjoy,
independently of any claims or rights of the other, all items of
!)ersonal property, tangible or intangible, hereafter: acquired by
him or her, wi th 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,
9. MARITAL 1,~;SIJ2ENCE;
HUSBAND and WIFE: purchased real property located at 1011
Walnut Street, Lemoyne, Pennsylvania, ThIs property was purchased
and tItled In the name of HUSBAND alone, but was pllrchased during
the life of the marriage for purposes of usIng it as a marital
residence, During the period from August 1997 until August 28,
1998, WIFE; paid the mortgage on the marital home,
Currently, there is an outstanding mortgage dlle and owing on
this property. The mortgage 1s held by Countrywide Home Loans and
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Countrywide has given notice of foreclosure proceedings, '1'his
property is on the market and is currently being sho0n for
purposes of selling to an outside party.
It is believed that
there .,ill be no proceeds to the seUers from the sale of this
propElrty, but to the extent that there are proceeds to the seUers
it is hereby agreed that those proceeds will be split between the
parties with one-haif of the net, proceeds going to HUSBAND and
one-Iialf of the NET proceeds going to WIFE. In the event that the
proceeds are not suffident to meet the mortgage obligation, and
the mortgagee is not satisfied with the proceeds from the sale of
the property as satisfaction in full, then HUSBAND is solely
responsible as to whether or not tlie unpaid balance to the
mortgagee shall be paid,
10, PENSIOt>].
Both parties hereby waive any Claim. zight, title or interest
which they may have in the pension or other retirement fund owned
by the other party.
HUSBAND hereby acknowledges that his pension fund has been
liquidated, Tlie final liquidation having occurred during the Fall
of 1998 and the liquidated sum being approximately $800.00.
11. P.ELEA~E
Subject to the provisions of this Agreement, each party has
released anrl ul~charged, and by this Agreement does for himself or
herself, and his or her heirs, legal representilUves, executors,
administrators and assigns, Hllease, indemnify (including actual
iegal fees) and discharge the other of and from all causes of
action, clalms, rights, or demands, whatsoever in law at \lquity,
including equitable distribution, spousal support, alimony,
couosel fees, alimonY pendente .Lite and expenses which of the
parties against the other ever had, now has, or may have in the
future under the Pennsylvania Divorce Code, as amended, or under
any other statutory or common law. Each party also waives his or
her right to request marital counseHng, pursuant to the Divorce
Code.
12. WAIVfi'.RS OF CLI\.IMS AGAINST ES'rATE.Q
Except as herein otherwise provided, each party may dispose
of his or her own pr'operty in. any way, and each party hereby
waives and relinquishes any and all rights he or she may now have
or hereafter acquire uncler the present or future laws of any
jurisdiction, to share in the property or estate of the other as a
result of the marital relationship, including without limitation,
dower, curtesy, statutory allowance, wldow'D allowance, right to
take against the Will of the other, and right to act as
administrator or eXElcutor of the other's estate, and any right
existing now or in the future under the Pennsylvania Divorce Code,
as amended from time to time, and each will, at the request of the
other, execute, acknowledge and deliver any and all instr\lments
which may be necessary or advisable to carry into effect this
15 I ,LEQ.J2I~_fg~;'f?,
. If eithat: party to this Agreement resorts to a lawsuit. or
other legal actIon to enforce the provi:oions of this Agreement,
the successful party slwU be mlU.tled to recover hL3 or her
reasonable counsel fees, actually incurred, from thE! otlier as a
part of the jlldgment entered in such legal action, whether in law,
in equity or pursuant to the provis:lons of the Divorce Code, as
the same shall be determ:lned by the Court.
16, ADD~LTI.9_NAL INST!\tlt1EN1~~
ERCh of the parties shall from time to time, at the request
of the other, execute, acknOWledge and deliver to the other party,
any and all further instruments that may be reasonably required to
give full force and effect to the provisions of this Agreement.
17. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties. There are no other representations, warranties, covenants
or underta k:lngs other thAn those expressly set forth herein,.
HUSBAND and WIrE aCknOWledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital
and sepanite property are fair, equitable and satisfactory to
them, based 0[1 the length of their marr:lage and other relevant
factors which have been taken into consideration by the parties.
Both parties Iioreby accept Lho prov:lsions of thts Agreement wtth
respect to the div:ls:lon of properLy in l:Leu at and in tuB and
final settlement and satlsfactIon of all clalms and demands thElt
they may now have ot' hereafter have agctlnfJt the other for
equitable dIstrIbutIon of theIr property by any court of competent
juriSdiction, HUSBAND and WH'E: each voluntarily and intelligently
waive and relinquish any right to seek a coutt ordered
determination and distribut:1on of marital property, but nothing
herein contained shall constitute a waiver by either party of any
rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
18. MODIFICATION AND WAIY8R
A modification or waiver of any of the provisions of this
Agreement shall be effective only if made in writing and executed
with the same formality as this Agreement:. 'l'hefaHure of either
Party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature,
19. VOLUrJTARY..J';.XECUTION
Each party acknOWledges that the Agreement is fair and
equitable, that it is being entered into voluntarily, with full
knowledge; of the assets Qf both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge
that they have been furnished with all information relating to the
financial affairs of the other which has been requested by each of
them,
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OFFICE OF DIVORCE MASTER
ClJMIIl:llIANlJ COlJN IY
COlJrn or COMMON pt EAS
9 North I lanovor Stroot
Cmlistn, "A 1701:1
(717) 240-65:15
I. Robert Elicker, II
Divorce Masle,
Tr.cl .III> Colyer
Office Ma~agerlf~eporler
Welt Shore
697.0371 Ex\. 6535
December 9, 1998
Malissa Peel areevy
Attorney at Law
214 Senate Avenue, suite 602
Camp Hill, PA 17011-2336
Richard M. Arentz
Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
RE: Miohelle L. Arentz vs. Richard M. Arentz
No. 98 - 2563 civil
In Divorce
Dear Ms. Greevy and Mr. Arentz:
By order of Court of President Judge George E. Hoffer
dated December 7, 1998, the full-time Master has been appointed
in the above reference divorce proceedings.
A divoroe oomplaint was fUed on May 5, 1998, raising
grounds for divorce of irretrievable breakdown of the marriage
and the grounds of imprisonment for a term in excess of two
years. The complaint also raised the economic claim of
equitable distribution.
Mr. Thomas is noted on the motion for appointment of
Master as oounsel for the Defendant; however, he has not entered
his appearanoe which is the reason I am sending this letter
directly to Mr. Arentz. I am, however, sending a oourtesy copy
of the letter to Mr. Thomas.
I am going to proceed on the basis that grounds for
divorce are not an issue and that we are now dealing ~ith the
economic claim of equitable distribution.
In accordance with P.R.C.P. 1920.33(b) I am directing Ms.
Greevy as counsel for Michelle I,. Arentz, and Mr. Arentz or Mr.
Thomas, if he is representing Mr. Arentz, to fi Ie a pre-trial
statement on or before Friday, January 15, 1999. Upon receipt
of the pre-trial statements, I will immediately schedule a
pre-hearing conference with counsel and with Mr. Arentz if hs is
MICHEl,fIE fj~ ^1~E:NTZ,
PlaintIff
va.
I IN 'l'HE COURT OF COMMON Pl,EAS 0\;
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 'if! .. 2%3
I
CIVIL ACTION.. LAW
RICHARD M. ARENTZ,
Defendant
IN DIVORCE
ORDER _. ^ND~..NO:!:.L<;.E SE'l"l'ING.--'i~!!,!l!t!Q
'1'01 t<1ichelle L. Arentz , Plaintiff
Me lissa reol Groovy , Counsel for Plaintiff
Richard M. Arentz , Ilefendant
R. Mark 'l'homas , Counsel for Defendant
You are directed to appear for a hearing to take
tastimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlislo, Pennsylvania on the ___
of ,1999,at a.m..
._._____, day
at which
place and time you will be given the opportuoity to present
witnesses and exhibits in support of your case,
By
President ,1udge
Date of Order and
Notice:
By:
[51vorce '-Master
IF 'IOU DO NO')' IIAVE A LAWYER OH CANNO'!, AFFOHIJ oNt,:, GO TO Oil
'rELEPHONE THe: OFFIC~~ SET FOHTH BEl,OW TO FIND OIlT WHERE YOU CAN
GET I,EGAI, IIEI,!'.
CIIMln:I{I.ANll COUNTY BAI~ Mi,;UC' I AT ION
) I. I BI':H't'Y AVENIII':
l'AI!1. I :;1.1" PA 17111 \
n:l.lil'lloNI': (717) :'4'1 111.1,
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MICHELLE L, ARENTZ,
Plaintifl'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLV ANIA
v,
RICHARD M, ARENTZ,
Defendant
CIVIL ACTION m LAW
No. 98.2563 Civil Term
In Divorce
PRAECIPE FOR ENTR Y OF APPEARANCE
TO THE PROTHONOTARY;
Kindly enter my appearance as attorney or record for the Defendant in the above
captioned matter,
Respectfully submitted,
Kl7~~P4~~
R. Mark Thomas, Esquire
/0 I South Market Street
Mechanicsburg, P A 17055
(717) 796.2100