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Home My WebLink About01-3224 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. ()I- 3').;),-/ CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court of Common Pleas, 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL JULIE M, ARENTZ, Defendant CIVIL ACTION - LAW : IN DIVORCE A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se Ie avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTlCIA, PROPIEDAD MARITAL, HONORAJUOSDE ABOGADOUOTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DlVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEV AR ESTE P APEL A UN ABOGADO DE INMEDlATO. SO NO TlENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDlCADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, P A 17013 (717) 249-3166 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. ~/..3.2:l 'I CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, Chad E. Arentz, by and through his attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Chad E. Arentz, an adult individual who currently resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Julie M. Arentz, an adult individual who currently resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both the Plaintifi' and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 4. Plaintiff and Defendant were married on March 6,1993, in Hanover, York County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since March 25, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. LAW OFFICES OF CRAIG A. DIEHL Dated: ..sf d-J-j V ( B, 1,:1"61ll1!7f~ orney ID No. 72963 464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attorney for Plaintiff CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, CHAD E. ARENTZ, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: s}z!o, II ~ -::J :a ~ 5; :::j x ;!! :e -::; ~ Z 0 "'- 0 l".f :tJ r "II ...., )io m "II '" ~ '" - w ct ~ (') )l ~ 0 m x ~ III j 0 ." .:j CI) ~ (') ~ ""':11 lS" ;!! ~ )> z. _ -:::J G) ~ G') EGl~ )> ~ ~ m 2 ....~ .IJ m fR ~ ~ ::I: fD ...... :0 r- ~ m N ~ ~ C; , c; . ~ ~ '- --- L'i ~ ~, ~ :'-,) .' ~ ~.r 1.~J *- c- d <:: ~ S::c :r.;. "- ~ ,'";( "- </I ~ ~:~~' ~2 "-' :1 0:; C> ....... "<:: :::.::; -.f> -< CTi -<- -J Q ~ CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-3224 CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Chad E. Arentz, do hereby affirm that the original return receipt of the Complaint in Divorce sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Julie M. Arentz, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. ~ 4904 relating to unsworn falsification to authorities. Complete ~eme 1, 2, and 3. Aleo complete item 4 W _cted Delivery Is desired. Print your nerne end address on the reverse 80 that we can return the card to you. . Al1sch this card to the back of the msllplece, or on the front W space perm~s. 1. Article Addressed to: j.wi~ k. ArUlTh 3B2-1 Conl-stot1^- U UWlf Hill I?~ 11011 Cl Expnlss Msll . Aetum Receipt for Merchandise Cl C.O.D. /EXInI Fee) --I lQ259S..oo-M-0952 LAW OFFICES OF CRAIG A. DIEHL Dated: (, / /'+/0 I By:f4J1. ~ 8 nda A. Clotfelter, Esquire A.torney ID No. 72963 3 64 Trindle Road amp Hill, PA 17011 (717) 763-7613 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3224 CIVIL JULIE M. ARENTZ, Defendant : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Joanne Harrison Clough, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 LAW OFFICES OF CRAIG A. DIEHL Date: &/1 t/ 10 I By: .A(./L ~ m--cJ Stephani 1\. Moore, L~~:~ 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 ~ ~ i c .... "'tI -I , .::I ;0 ;!! ::e '-../ 1= Z 0 ?l:" ~ '1l ....,. '1l ~ - ~ - - c.:l ~ -. 0 ~ :: 6 Cl 3 0 .::I '1l Ol, ~ ~ 0 c.:. ::IJ (g :u ~ z ~ ~ l!l 3'" j; Cl .::I "';;:; :l> Rl ~ ~ . 'I' m C ..... ~m ::D in ~ ~ ~ ::t - :D r- .... m ~ ':!l c:' o o .'., 'u CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on May 29,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4, I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 7/ () /tJ Z. ~/-) //2f~ . ~D E. NTZ, Plaintiff '"' r,'; ? .~~:: r.- CC.' _:S : i__- (:~. "< CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 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. S 4904 relating to unsworn falsification to authorities. Date: -; /0 102- ~ (') ~"; ~ .ueT 9)1., ~;;:J. :::.' "1_-:,. ~~i' '- (): -< 1;', CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CNIL ACTION LAW JULIE M. ARENTZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this lfh day of ~Vf , 2003, upon consideration ofthe attached Custody Conciliation Report, iJis ordered and directed as follows: A Hearing is scheduled in Court Room No d. of the Cumberland ~ty'i?: L/..5 A .JJI..) Courthouse on the \ a \::;h day of ~ , 2003l'{at which time testimony will be taken. For purposes of the hearing, the{J.ather, Chad E. Arentz, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. cc: ~A. Clotfelter, Esquire - Counsel for Father fianne Harrison Clough, Esquire - Counsel for Mother 1. Edgar B. Bayley oJ . J tUfP~~ 11 R\6 0.5- J3~ Q3 " _11' ". , CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ Defendant IN CUSTODY PRIOR JUDGE: Edgar B. Bayley CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alec M. Arentz Thomas C. Arentz October 13, 1995 April 23, 1997 Mother Mother 2. A Conciliation Conference was held on May I, 2003, with the following individuals in attendance: The Father, Chad E. Arentz, with his counsel, Linda A. Clotfelter, Esquire and the Mother, Julie M. Arentz, with her counsel, Joanne Harrison Clough, Esquire. 3. This Court previously entered an agreed upon Order after a conciliation conference on March 14, 2002 under which the parties had shared physical custody of the Children and were to obtain a custody evaluation. The parties subsequently modified the custody arrangements by agreement without the evaluation and their stipulation was entered as an Order on August 1,2002. Under the stipulation, the Mother had primary physical custody of the Children with the Father having partial custody on alternating weekends during the school year and the parties shared custody during the summer. 4. The Father filed this Petition for Modification and at the conference proposed that the parties continue sharing custody on an alternating weekly schedule during the school year as well as the summer. The parties were not able to reach an agreement and it will be necessary to schedule a hearing. 5. The Father's position on custody is as follows: The Father believes it would be in the Children's best interests to equally share having physical custody throughout the year. The Father indicated that he is very involved with the Children, who have expressed a desire to spend more time with him. The Father stated that he signed the stipulation in August 2002 providing for the Mother to have primary custody during the school year because he was persuaded that it would be best for the boys to have a primary residence while attending school. Having operated under that schedule for the past school year, the Father believes that the Children would do equally well, if not better, under a shared arrangement. The Father stated that he is looking for a home in the Children's school district. The Father believes that the Mother's opposition is motivated by a concern that support would be reduced if the schedule were changed (denied by Mother).The Father was willing to participate in a custody evaluation but indicated that he was not able to pay the total cost if the Mother is unwilling to contribute. 6. The Mother's position on custody is as follows: The Mother believes it is in the Children's best interests to continue the existing primary custody schedule during the school year. The Mother believes it is particularly important for the parties' younger son, Thomas, to have consistency during school. According to the Mother, the Child's teachers and counselors also feel that this stability is important and has contributed to the Child's progress in the last several weeks. The Mother indicated that the Father can contact her at anytime for additional periods of custody without the necessity of changing the existing schedule. The Mother is adamantly opposed to overnight periods of custody during school weeks. The Mother stated that she was not willing to contribute to the cost of a custody evaluation as she is not seeking a change to the existing arrangement. The Mother alleged that the Father is seeking to reduce or eliminate his obligation to pay support through adjustment to the schedule( denied by Father). 7. The conciliator recommends an Order in the form as attached scheduling a hearing. It is expected that the hearing will require at least one half to one full day. Date ~ r, JDo3 Da~~ Custody Conciliator CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN CHILD CUSTODY RESPONllENTIDEFENDANT JULIE M. ARRNTZ'S MEMORANDUM FOR CUSTODY TRIAL AND NOW, this 30th day of May, 2003, comes Respondent/Defendant, Julie M. Arentz, by and through her attorney, Joanne Harrison Clough, Esquire, of Reager & Adler, PC, and respectfully files this Memorandum For Custody Trial: 1. FATHER'S POSITION ON CUSTODY Petitioner/Father Chad E. Arentz filed a Petition to ModifY Custody Order on March 28, 2003. This Petition to Modify Custody was filed in direct retaliation to Respondent/Mother's filing of a Complaint for Support with Domestic Relations Office of Cumberland County seeking an increase in child support from Petitioner/Father. Petitioner/Father contacted Respondent/Mother after receiving notice that she had filed an action for child support seeking an increase to the amount Respondent/Father was voluntarily paying and threatened her that if she went forward with the Domestic Relations Conference, he would file for custody of the children. Petitioner/Father subsequently filed a Petition to Modify Custody seeking primary physical custody of the children. However, at the Custody Conference, Petitioner/Father indicated that he was actually seeking shared legal custody of the children and wants a week- onlweelc.offyear-round physical custody schedule. Father claims he reluctantly agreed to the I August 1, 2002 Custody Order where Mother had primary custody during the school year. Petitioner further made vague allegations in his Petition to ModifY Custody that due to Mother's cohabitation with her fiance, the environment may not be a positive environment for the children socially or emotionally. II. MOTHER'S POSITION ON CUSTODY Respondent Julie M. Arentz has been the primary caretaker of Alec and Thomas Arentz since their birth. Julie Arentz was a stay-at-home mother and provided most of the parenting for the parties' children until shortly prior to the separation of the parties in 2001. After the parties' initial separation, they did not have a formal custody schedule, but shared significant periods of physical contact with the children. Father desired a week-on, week-off physical custody schedule which Mother agreed to for summer only. During the school year, the parties did switch the children from home to home during the school week; however, Mother had more than fifty percent (50%) physical custody of the children during said time. The parties took the youngest child, Thomas, to a therapist who indicated that there was too much "backward and forth" and Thomas needed a more stable home base. On August 1,2002, the parties entered into a formal Custody Stipulation which was reduced to Court Order wherein Respondent/Mother was granted primary physical custody of the children during the school year. It further stipulated that Mother shall have primary physical custody of the children during the school year and Father would have custody of the children every other weekend from Friday at 5:00 p.m. until Sunday at 7:00 p.m. and for two (2) separate non-consecutive weeks during the school year, as agreed by the parties. The parties further agreed that they would share physical custody of the children during the summer vacation on a 2 week-on, week-off basis with custody exchanges taking place on Friday at 5:00 p.m. at the children's daycare provider. It was specifically provided that the parties could, by mutual agreement, vary the schedule and Respondent/Mother has, with one (I) exception, granted every single request by Petitioner/Father for additional time since the entry of the August I, 2003 Court Order. Petitioner/Father never requested his second week of custody of the children during the school year until after the recent Custody Conciliation Conference. Respondent/Mother believes the August 1,2002 Custody Order should have remained in effect. The minor children, Alec and Thomas, who are presently in first grade and kindergarten respectively, are thriving under the custody schedule. They are happy, well-adjusted children who are doing well in school. They have a loving positive relationship with both parents and with their Mother's fiance. Petitioner's vague allegations challenging Mother's home environment and concern about her cohabitation is unfounded. Respondent/Mother's boyfriend is her fiance Brett J. Feddersen, a Pennsylvania State Police Trooper and helicopter pilot for Aviation Patrol One of the Pa State Police. Respondent/Mother is engaged to be married to Brett Feddersen. He has a loving positive relationship with Thomas and Alec and serves as an assistant Boy Scout leader for their den. He actively participates in all facets of the boys' lives and provides an excellent male role model for the children. He has never attempted to interfere with the children's relationship with their Father. Petitioner/Father also spends considerable time with the boys in addition to his scheduled physical custody time because he coaches both boys' baseball and soccer teams. Respondent/Mother and her fiance actively support and participate in these sporting activities even though Petitioner signed up the children for the sports without their Mother's consent or 3 input. III. POSSIBLE WITNESSES MOTHER MAY CALLA T TIME OF TRIAL 1. Mary , the children's therapist. 2. Julie M. Arentz 3. Brett Feddersen, fiance of Respondent/Mother 4. Stephanie Lepley, neighbor 5. Donna Ulrich, neighbor 6. Karen Lindgren, friend of Respondent/Mother 7. Chad Arentz, as on cross IV. SUMMARY OF ANTICIPATED TESTIMONY OF EACH WITNESS Julie Arentz and Brett Feddersen will testify to the CUlTent custody schedule and how the children interact in Mother's household. They will also testify regarding their engagement and plans to marry, the children's positive interaction with Brett as a stepfather and positive adult role model in Mother's household, and numerous family activities they are consistently involved in, and the structure and loving home environment they provide for the children. Respondent/Mother and her fiance will further testify regarding Father's non-cooperation in numerous co-parenting issues and the difference in the parenting and disciplining techniques in the respective households of Mother and Father. They will also testify regarding Father's numerous threatening telephone calls to Mother requesting her to drop her child support petition or he would file for custody of the children. They will further testify that, in addition to the periods of partial physical custody during the school year with their Father, the children see him on a regular basis in the Fall and Spring because he coaches their soccer and baseball teams. 4 Respondent/Mother and her fiance will testify to how they actively encourage the children's involvement in these sporting activities and all of the sporting events, despite the fact that the Father has repeatedly unilaterally signed up the children for these activities without Mother's input or consent. Stephanie Lepley and Donna Ulrich are neighbors of the Respondent/Mother and will testify to their personal knowledge of Alec and Thomas and their positive home environment. They will also testify to Brett Feddersen's positive involvement in this family unit. They will also testifY to Mother serving as primary caretaker and being a stay-at-home mom prior to the parties' separation. Karen Lindgren is a friend of Respondent/Mother and will also testifY to Julie M. Arentz's parenting skills as their primary caretaker of the children since their birth and the positive household environment in Mother's home. Mr. Arentz will confirm, under cross-examination, that he has failed to ask for significant periods of additional contact with the children, despite his ability to do so under the present Court Order. He will further affirm that, with one (I) exception when Respondent/Mother had made previous plans to conduct an activity with the children, she has granted every single request for additional custodial time that he has tendered to her, including times when he has called and asked to see the children on her weekend. Mr. Arentz is also anticipated to confirm that Respondent/Mother has repeatedly spoken to him about inappropriate movies that he has permitted the minor children to watch and she has further requested that he cooperate with her in establishing some co,parenting structure for bedtimes and meal times at both households and that he has failed to cooperate with those efforts. Mr. Arentz will also confirm that the children's 5 counselor indicated that their son, Thomas, could not handle all of the "back and forth and repeated custodial exchanges" and that he needed a more structured custody schedule with a home base. V. CONCLUSION Respondent/Mother's position is that the majority of the current Custody Order should remain in effect. She does not object to setting forth a specific evening and week during the school week for the Petitioner/Father to have additional partial custody of the boys from 4:00 p.m. until 8:00 p.m. The children are thriving under the present custody schedule and there is no evidence that it is in the best interests of Alec and Thomas Arentz to remove them from the primary physical custody of their Mother and switch them to a week-onlweek-offyear-round physical custody schedule. Respectfully Submitted, ,AGER & ADLER, PC Dated: 5 r- ~- \) ) By: on 10 g , Esquire LD. No. 36461 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorneys for Plaintiff 6 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certifY that, on this date, I served the foregoing RESPONDENT/DEFENDANT JULIE M. ARENTZ'S MEMORANDUM FOR CUSTODY TRIAL by telefacsimile and by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 REAGER & ADLER, PC Date: ~ ~ 01-.103 CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this """ day of ~ , 2002, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a custody evaluation to be performed by a professional selected by agreement of the parties and counseL The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. The parties shall apply the full tax refund which they receive for the 2001 tax year toward payment of the costs of the custody evaluation and all remaining costs shall be equally shared between the parties. 2. The Father, Chad E. Arentz, and the Mother, Julie M. Arentz, shall have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place every Friday at 5:00 p.m. at daycare. The non-custodial parent shall have a period of custody with the Children from Monday at 5:00 p.m. through Wednesday at 5:00 p.m. The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. 4. The parties shall share or alternate having custody ofthe Children over holidays as arranged by agreement. 5. Counsel for either party may contact the Conciliator within 60 days after receipt of the written custody evaluation recommendations, if necessary, to schedule an additional Custody Conciliation Conference. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the interim custody arrangements set forth in this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. c~ A. Clotfelter, Esquire - Counsel for Father ,//.TOanne Harrison Cough, Esquire - Counsel for Mother J. >t~ 03-Jt/O:;J. ("j .- , ,_,- "-"J (.) (~) CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alec M. Arentz Thomas C. Arentz October 13, 1995 April 23, 1997 MotherlFather Mother/Father 2. A Conciliation Conference was held on March 5, 2002, with the following individuals in attendance: The Father, Chad E. Arentz, with his counsel, Linda A. Clotfelter, Esquire, and the Mother, Julie M. Arentz, with her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. (f'kc.."'--. L, I ;}.on..+- Date /Jcl~L /1.. . Dawn S. Sunday, Esqui':et Custody Conciliator o CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ, Defendant IN CHILD CUSTODY ORDER AND NOW, this l.A--- day of ~v.rr, 2002, upon consideration of the Joint Stipulation of Custody, the Court hereby incorporates the Stipulation by reference into this Order of Court. BY T,HE, L'OURY~'</ / /y , ~ ' / ~"..;~, EDGAR B. BA YLEt, J. 'v'\N\;:/\~;"t,SNN3d 1 ~ h Ifl'''''''''. ('\ LF1; \.-,,....1"'1'''..... ".:..l\\I,," ~.~~~1~!\J 0;-1 ;\ "'\" 7n ...II 1 ...,'v ,-,-.1 CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO: 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ, Defendant IN CHILD CUSTODY CUSTODY AGREEMENT AND STIPULATION AND NOW, the parties, Chad E. Arentz of Cumberland County, Pennsylvania, hereinafter referred to as the "Father", and Julie M. Arentz of Cumberland County, Pennsylvania, hereinafter referred to as the "Mother", enter into a Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Alec M. Arentz, born October 13, 1995 (age 6 years) and Thomas C. Arentz, born April 23, 1997 (age 5 years), and state the following: 1. Plaintiff is Chad E. Arentz, (hereinafter "Father"), an adult individual who resides at 1072 Lancaster Boulevard Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Julie M. Arentz, (hereinafter "Mother"), an adult individual who resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of two (2) children, namely Alec M. Arentz, born October 13, 1995 (age 6 years) and Thomas C. Arentz, born April 23, 1997 (age 5 years) (hereinafter referred to as the "Children"). 4. An Order of Court for custody ofthe Children was entered on March 14, 2002, upon consideration of a Custody Conciliation Report resulting from a custody conciliation conference which took place on March 5, 2002. A true and correct copy of both the current Order of Court and Custody Conciliation Summary Report are attached hereto as Exhibit "A" and are incorporated herein as if fully set forth. 5. The prior Order of Court provided the parties with shared legal custody and shared physical custody on an alternating week basis. It further indicated that the parties will submit themselves and the Children to a custody evaluation to be performed by a professional selected by agreement of the parties. 6. The parties now stipulate and agree to the terms of this agreement to resolve the pending claims of record and establish a modified custody schedule. 7. The proposed custody order is in the best interest ofthe Children because it provides the children with a structured schedule that takes into consideration each parent's express desire to have the Children reside in the marital residence and more importantly, in the local community which is most familiar to the children. 8. The parties further expressly agree that they shall each be flexible with the custody arrangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. They also agree to listen carefully and consider the wishes of the Children in addressing the custodial schedule, and changes to the schedule, and any other parenting issues. 9. The parties stipulate and agree that the terms for custody of the minor children Alec M. Arentz and Thomas C. Arentz shall be as follows: a ) Legal Custodv - The parties shall have shared legal custody of the minor children. Except in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records. b) Phvsical Custody - The parties specifically agree to the following physical custody schedule for the minor children: 1. School year schedule - The parties specifically agree that Mother, Julie Arentz shall haye primary physical custody of the Children during the school year and that Father, Chad E. Arentz shall have partial custody periods with the children every other weekend from Friday at 5:00 p.m. through Sunday at 7:00 p.rn. and for two (2) separate non- consecutive weeks during the school year as agreed by the parties. 2. Summer schedule - The parties specifically agree that they shall have shared physical custody of the Children during the school vacation during the summer months on a week on week off basis with the custody exchange taking place each Friday at 5:00 p.m. at the children's daycare provider. c) Holidavs - the parties shall share or alternate having custody of the Children over holidays as arranged by agreement. d) Father's/Mother's Day - Father shall have physical custody every Father's Day and Mother shall have physical custody every Mother's Day regardless of the regular custody schedule. e) Children's birthdays - The parties agree that the non-custodial parent shall be entitled to three (3) hours of physical custody on the Children's birthdays at such times as agreed by the parties. f) Vacation - Mother and Father agree that they shall each be entitled to two (2) weeks of custody each summer for the purpose of vacations. The summer vacation custody periods will supersede the regular custody schedule and each parent shall give the other thirty (30) days notice of the dates ofthe summer custody periods for vacations. g) Agreement to Varv - Mother and Father, by mutual agreement, may vary from this schedule at any time, but the Order shall remain in effect until either party petitions to have it changed. h) Relocation - The parties expressly agree that the custody schedule agreed upon herein is based on Mother's continued residence in the marital residence situate at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania. It is further expressly agreed by the parties that Mother shall not relocate more than seventeen and one-half(l7 1/2) miles from her current residence in Camp Hill, Pennsylvania without Father's consent in writing or an Order of Court pennitting same. i) Transportation - The parties agree that they shall equally share the transportation responsibilities regarding the transfers of custody as per this Agreement. j) Sick davs - The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. k) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive 0 f the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. 1) Contact information - Each parent shall keep the other parent notified ofhis or her address and telephone number. 0) Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. p) Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. q) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as a modified Order of Court for child custody to the above-captioned docket. 12. This Agreement is binding and enforceable when signed by Chad E. Arentz and Julie M. Arentz. Both parties agree that this Stipulation shall be incorporated into an Order ofthe Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues of record in this proceeding. WHEREFORE, the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verifY that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn fulsification to authorities. Witnesses: ~~ ~E~~ 10 ~~OUGH\ Attorn y for Julie M. Arentz ~~ ~~+, Q~ JULI, M. ARENTZ, DefeO !';'i'.I":,T _'_ {~' i:.("t!/ dt. \ CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CNIL ACTION LAW JULIE M. ARENTZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this / / day of " {f7v-. c l-) , 2002, upon consideration of the attached Custody Conciliation Repor, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a custody evaluation to be perforn1ed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional information pertaining to the parties or the Children. The parties shall apply the full tax refund which they receive for the 2001 tax year toward payment of the costs of the custody evaluation and all remaining costs shall be equally shared between the parties. 2. The Father, Chad E. Arentz, and the Mother, Julie M. Arentz, shall have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place every Friday at 5:00 p.m. at daycare. The non-custodial parent shall have a period of custody with the Children from Monday at 5:00 p.m. through Wednesday at 5:00 p.m. The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. 4. The parties shall share or alternate having custody of the Children over holidays as arranged by agreement. EXHIBIT "A" 5. Counsel for either party may contact the Conciliator within 60 days after receipt of the written custody evaluation recommendations, if necessary, to schedule an additional Custody Conciliation Conference. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the interim custody arrangements set forth in this Order by mutual consent. In the absence of mutual consent, the tern1S of this Order shall control. BY THE COURT, j' . \n / . (I ,tj) J / /5/ (, r^J{JiiJft cc: Linda A. Clotfelter, Esquire -- Counsel for Father Joanne Harrison Cough, Esquire -- Counsel for Mother l'r:;~:J:~:: C:)?Y' F~~C,Li;, F: ~r: Yf:,:;t~l";:i:'r:! \.\!h~:;-,?o~, i UI'i':'C ,~ ~' ....., '''''f r"I,d .,'..; '1>;. ..0 I er": ,".:., .-."',t:; r,~' ".,1 : C "...t _1- (......t;r_L\ "I. !...., j/~" ~.t."''i' ~, ")G,Ql (ll.; (.0.(....>"9' ~....,j.",' t d. / /' / ., I/'.~ r) ---I' , /" ~/' ("LtJ :><... ~;:j: .....1.... ..... fd,~..---Q~r t:Ll......).., "1!A'-'. .. I c n,; /)J! .-j<, .,;:,.,- 'Y'l.;.." (iQ"" 7 '''; .1.........;.....,...... ;F;~t~~a;y'...-- r CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. 01-3224 CNIL ACTION LAW JULIE M. ARENTZ, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent inforn1ation concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Alec M. Arentz Thomas C. Arentz October 13, 1995 April 23, 1997 Mother/F ather Mother/Father 2. A Conciliation Conference was held on March 5, 2002, with the following individuals in attendance: The Father, Chad E. Arentz, with his counsel, Linda A. Clotfelter, Esquire, and the Mother, Julie M. Arentz, with her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the form as attached. I tL u\.... (.; I ;}()()+ Date ((tL~i.h.~ c-(~. Dawn S. Sunday, Esquire 7 Custody Conciliator CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 CIVIL JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 29,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe 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. Section 4904 relating to unsworn falsification to authorities. Date: 7- 3- 0 7 ~ L ._~~, (') 0 Q ~. '" . -.j -0 u:' -- m L:' i= z ~ C L_ Cf] -,. '::; .).J L: f~. ~.::; , I'..) c :;:1 '.n -<. , 0 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3224 CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER lS 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa.C.S. 1i 4904 relating to unsworn falsification to authorities. DATE: 7 - J v D G ~~~~ () ~~ -U!_~() n:,p ,"".._.i' 71 (7:) ] 6~~ -':::. .;~'(:,'. );'C, ':7 :;:, -< o 1',) (:::: -n- '-!! ::0 L> o -"1 ., -. ::n '~ ~n C:-J ~~-) C) .71 CHAD E. ARENTZ, Plaintiff JULIE M. ARENTZ, Defendant TO THE PROTHONOTARY: ... \ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. QI-3')d-LJ l:..'If'\ CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please enter my appearance on behalf of Julie M. Arentz, Defendant herein. Date: ~.". H.- 0 \ Respectfully submitted, REAGER & ADLER, PC I By: \ Joa~ Harrison Clough, E ID #36461 2331 Market Street Camp Hill, P A 17011 717-763-1383 Attorneys for Defendant ~ , CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served the foregoing Praecipe by depositing a true and exact copy thereof in the United States mail, fust class, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire 3464 Trindle Road Camp Hill, P A 17011 REAGER & ADLER, PC 1 Date: ~-"l\r'O\ Joa (') s: ;:;.~ ~:" L~-;-' ~;;!- (-; =2 C) ~~ c_ c--: ,"',) co- . . PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CHAD E. ARENTZ v. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, February 11,2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsburg, PA 17055 on Tuesday, March 05, 2002 , the conciliator, at 1:00 PM 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. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnisb any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 honrs prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~p ~ ~ ~ ~C7//.C' 'P7#-p P ~ ~ 1'~6lft, '(0 j/ C ~ P ~ ~ /4p .;&J (V.}I (? ~/ ,~" .' . r . CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0]-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, , upon consideration of the attached Answer and Counterclaim to Plaintiffs Divorce Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on , at 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. AI] children age tive or older may also be present at the conference. Failure to appear at the confereuce 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 Re]ief orders, and Custody orders to the conciliator 48 hours prior to scheduling hearing. FOR THE COURT: By: Custody Conciliator The Court of C0111lIDn Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of ]990. For information about accessible facilities and reasonable acc0111lIDdations available to disabled individuals having business before the court, please contact our office. AI] 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717.249-3166 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE ANSWER AND COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S DIVORCE COMPLAINT And now comes Defendant, Julie M. Arentz, by and through her attorneys, Law Offices of Reager & Adler, PC, and files this Answer and Counterclaim in Divorce, stating in support thereof the following: 1. Admitted in part; denied in part. Plaintiff now resides at 1072 Lancaster Boulevard, Apartment #2, Mechanicsburg, Pennsylvania. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. Plaintiff has offered such indignities to the Defendant, the injured and innocent spouse, so as to make Defendant's condition burdensome and life intolerable. 9. Admitted. WHEREFORE, upon resolution of the claims raised in Defendant's Counterclaim, Defendant requests this Court grant a divorce pursuant to 3301(c) ofthe Divorce Code. COUNTERCLAIMS PURSUANT TO RULE 1920.15 COUNTERCLAIM I - ALIMONY PENDENTE LITE. A TTORNEY'S FEES AND COSTS 1. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 2. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 3. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 4. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. COUNTERCLAIM II-ALIMONY 5. Defendant lacks sufficient property to provide for her reasonable needs. 6. Defendant is unable to sufficiently support herself through appropriate employment. 7. Plaintiff has sufficient income and assets to provide continuing support for the Defendant. COUNTERCLAIM III . CUSTODY 8. Plaintiff is Julie M. Arentz, an adult individual residing at 3821 Conestoga Road, Can1p Hill, Pennsylvania. 9. Defendant is Chad E. Arentz, an adult individual residing at 1072 Lancaster Boulevard, Apartment #2, Mechanicsburg, Pennsylvania. 10. Plaintiff seeks primary physical custody of the following children: Name Alec M. Arentz Present Address 3821 Conestoga Road Can1p Hill, PA 17011 Age Born 6 10/13/95 Thomas C. Arentz 3821 Conestoga Road Can1p Hill, PA 17011 4 4/23/97 11. The children were not born out of wedlock. The children are presently in the custody of Plaintiff, Julie M. Arentz, who resides at 3821 Conestoga Road, Can1p Hill, Pennsylvania. 12. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Julie M. Arentz 3821 Conestoga Road Can1p Hill, PA 17011 711/01 to present * Julie M. and Chad E. Arentz 3821 Conestoga Road Can1p Hill, PA 17011 4/1/99 - 6/30/01 Julie M. and Chad E. Arentz 531 Limestone Road Carlisle, PA 17013 10/1/98 - 3/31/99 Julie M. and Chad E. Arentz 277 Millers Lane Kingston, NY 12401 1011/96 - 10/1/98 * Defendant has had substantial periods of partial custody. 13. The mother of the children is currently residing at 3821 Conestoga Road, Camp Hill, Pennsylvania, at the marital residence. She is married. 14. The father of ilie children is currently residing at 1072 Lancaster Boulevard, Apartment #2, Mechanicsburg, Pennsylvania. He is married. 15. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relationship Alec M. Arentz Thomas C. Arentz Mother/Son Mother/Son 16. The relationship of Defendant to the children is that of father. Defendant currently resides with the following persons: Name Relationship None 17. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 18. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 20. The best interest and permanent welfare of the children will be served by granting the relief requested included but not limited to the following: a.) Mother has been the primary caretaker of the children since birth; and b.) Mother is better able to meet the day to day needs of the children. 2 I. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the children, and shared legal custody between the parties. Respectfully Submitted, Dated: (r 1-fy '07 REAQER & ADLER, PC ~\ By: Joanne Harrison Clough, Es u e LD. No. 36461 2331 Market Street Camp Hill, PA I701I (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Julie M. Arentz, hereby verify and state that the facts set forth in IDe foregoing Answer and Counterclaim to Plaintiff's Divorce Complaint are true and correct to the best of my infoffi1ation, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. DATE: )-C;(8--~ ~J-' ,.;.. ~ Julie / Arentz d CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served the foregoing Answer and Counterclaim to Plaintiff's Divorce Complaint by depositing a true and exact copy thereof in the United States mail, ftrst class, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 170ll REAGER & ADLER, PC Date: I-~ 9'- O;L 7 Joanne Harrison Clough, Es uire ~~ \::, Iv -c. '" -" ..c: -q 0~ '-0 ci~~'f1' ~ F: (> ~ 't. ~ l g j II { r ~ ---.(' " . f rJ "" t'" L ~' "" ~*~ \._0 '" ~ S' " , ~ (') ~:-- LJI n;Ji; -"y' 0~: ~'-.. .- ;:': \ -c' ~ , ~-~ ( - '- i'"._ '-'-.) ,~ , r-. ~J l~..i CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTERCLAIMS COUNTERCLAIM I - ALIMONY PENDENTE LITE, ATTORNEYS FEES AND COSTS AND NOW, comes Plaintiff, Chad E. Arentz, by and through his counsel, Law Offices of Craig A. Diehl, and responds to Defendant's Counterclaims, respectfully stating as follows: 1. Admitted in part and denied in part. It is admitted the Defendant will incur expenses in the preparation of her case, yet Plaintiff specifically denies the implication in this paragraph that Defendant will be the only party that will incur considerable expense in the employment of counsel and the payment of costs as Plaintiff will be put to similar expense. Therefore, strict proof thereof is demanded at trial. 2. Denied. Plaintiff specifically denies that Defendant is without sufficient funds to support herself and meet the expenses of this litigation as Defendant is currently employed and has sufficient income for same. Therefore, strict proof thereof is demanded at trial. 3. Denied. Plaintiff specifically denies that Defendant's income is not sufficient to provide for her reasonable needs and pay her counsel fees and costs of this litigation. In further answer hereof, Defendant is currently employed and has sufficient income for san1e. Therefore, strict proof thereof is demanded at trial. 4. Admitted in part and denied in part. It is admitted that Plaintiff has earnings, however, the implication therein that Plaintiff must provide for Defendant's support and pay her counsel fees, costs and expenses is denied. Defendant has sufficient employment income to meet her financial needs in this proceeding. Therefore, strict proof thereof is demanded at trial. WHEREFORE, Plaintiff requests that this Honorable Court deny Defendant's request for alimony pendente lite, attorney's fees and costs and grant a divorce for Plaintiff. COUNTERCLAIM I1- ALIMONY 5. Denied. Plaintiff specifically denies that Defendant lacks sufficient property to provide for her reasonable needs. It is further denied by Plaintiff that Defendant is entitled in any way to the payment of alimony in this proceeding. In further answer hereof, Defendant's aduhery is significant marital misconduct that justifies the denial of her claim for alimony and further justifies the entry of a divorce for Plaintiff based upon the misconduct of adultery and/or indignities to Plaintiff rendering his condition burdensome and life intolerable, Plaintiffbeing the injured and innocent spouse in this proceeding. 6. Denied. Plaintiff specifically denies that Defendant is unable to sufficiently support herself through appropriate employment. In further answer hereof, Defendant is employed and has sufficient income from her employment to support herself. Therefore, strict proof thereof is demanded. 7. Admitted in part and denied in part. It is admitted that Plaintiff has income and assets. However, Plaintiff denies any implication in this paragraph iliat Plaintiff is responsible for supporting Defendant. Therefore, strict proof thereof is demanded. WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's request for alimony and grant a divorce for Plaintiff. COUNTERCLAIM II1- CUSTODY 8. - 10. Admitted. 11. Admitted in part and denied in part. It is admitted that the children were not born out of wedlock, yet it is denied that the children are presently in the custody of Counterclaim Plaintiff, Julie M. Arentz (hereinafter "Mother"). In further answer hereof, the children reside equally with both parties due to a truly shared custody arrangement. 12. Denied. The allegations oHhis paragraph are denied to the extent that the children have resided equally with both parties since their move to separate households on July 1, 2001. The children have resided with the following persons at the following addresses: Nan1e Address Dates Chad E. Arentz 1072 Lancaster Boulevard 711/01 to Present Apartment 2 Mechanicsburg, P A 17055 Julie M. Arentz 3821 Conestoga Road 7/1/01 to Present Can1p Hill, PA 17011 Chad E. and Julie M. Arentz 3821 Conestoga Road 4/1/99 to 6/30/01 Camp Hill, PA 17011 Chad E. and Julie M. Arentz 531 Limestone Road 10/1/98 to 3/31/99 Carlisle, PA 17013 Chad E. and Julie M. Arentz 277 Millers Lane 10/1/96 to 10/1/98 Kingston, NY 12401 13. - 15. Admitted. 16. Admitted in part and denied in part. It is admitted that Chad E. Arentz (hereinafter "Father"), is the father of the children, yet it is denied that Father currently resides alone. In further answer hereof, Father currently resides with the following persons: Nan1e Relationship Alec M. Arentz Thomas C. Arentz Father/Son Father/Son 17 -19. Admitted. 20. Denied. Father specifically denies the allegations ofthis paragraph as the best interests and permanent welfare of the children will not be served by granting the relief requested by Mother. In further answer hereof, the best interests and permanent welfare ofthe children will be served by granting Father primary custody ofthe children for the following reasons: a.) Since July 1,200 I, Father has provided primary daily care for the children due to the truly shared custody arrangement between the parties. Moreover, when the parties resided together with the children, Father actively participated in their care. His efforts included but were not limited to bathing the children and putting them to bed each evening; b.) Father shares an exceptionally strong bond with his sons which should be nurtured. The children presently spend fifty percent (50%) of their time with Father and any decrease in that an10unt of time or the exclusion of Father from the children's lives in any way would only serve to cause serious damage to the children's emotional, developmental and spiritual well being; c.) Father has expressed a strong desire to continue to be an integral part of all aspects of his sons' lives. He has dedicated his free time to his sons by coaching their athletic teams. In that regard, he anticipates coaching both soccer and baseball in the spring; d.) Father is able to make himself available to transport his sons to and from their extracurricular activities. He ensures that they are prompt and prepared for San1e while Mother is often disinterested in supporting the children's extracurricular activities. She is often late in transporting them to gan1es and practices and they are sometimes not properly prepared to participate; and e.) Father has recognized the importance of the children's relationship with both parents. He has always encouraged a continued relationship with Mother and intends to encourage San1e in the future. 21. Admitted. WHEREFORE, Father requests that this Honorable Court grant the parties shared legal custody with primary physical custody to Father and partial physical custody to Mother. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL ",j) Dated: ~ 1'-$/0" inda A. Clotfelter, Esquire Supreme Court LD. No. 72963 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: .J--/ ~ /0)", CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certuy that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Joanne Harrison Clough, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 LAW OFFICES OF CRAIG A. DIEHL Date: ~ (+(O'J- .a. 4J-/-/ NA P'7LQ ./ te A. Moore, L~~~ 3464 Toodle Road Camp Hill, PA 17011 (717) 763-7613 CHAD E. ARENTZ, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 01-3224 CIVIL ACTION - LAW JULIE M. ARENTZ, Defendant : IN CHILD CUSTODY ORDER OF COURT AND NOW, this day of ,2003, upon consideration of the attached Complaint for Custody, it is hereby directed that the parties and their respective counsel appear before . the conciliator, at on the day of , 2003, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ifthis cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary Order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary of permanent order. FOR THE COURT, By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disables 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 CHAD E. ARENTZ, PlaintiffIPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01.3224 CIVIL ACTION - LAW JULIE M. ARENTZ, Defendant/Respondent IN CHILD CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes PetitionerlPlaintiff, Chad E. Arentz, by and through his counsel, Law Offices of Craig A. Diehl, and files the following Petition to Modify Custody: 1 PetitionerlPlaintiff is Chad E. Arentz, (hereinafter referred to as "Father), who currently resides at 1072 Lancaster Boulevard Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Respondent/Defendant is Julie M. Arentz (hereinafter referred to as "Mother"), who currently resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the parents of two (2) children, namely Alec M. Arentz, born October 13,1995 (age 7 years) and Thomas C. Arentz, born April 23, 1997 (age 5 years). 4. The parties entered into a Custody Agreement and Stipulation which was made an Order of Court on August 1, 2002. A true and correct copy of the Custody Agreement and Stipulation is attached hereto as Exhibit "A" and is incorporated herein as if fully set forth. 5. The parties have been exchanging custody as per the terms of the Custody Agreement and Stipulation. 6. Since the entry of the current Order of Court for custody dated August 1, 2002, there has been a change in circumstances in that Mother now has her paramour living in the former marital residence with Mother and the children. 7. Due to the change in circumstances as well as for other reasons to be named, Father now seeks to have the custody arrangement modified such that Father is the primary custodial parent and Mother has partial custody as agreed by the parties. 5. Prior to the current Order, the parties shared physical custody such that Father had significant periods of time with the boys. 6. When Father had significant custody periods with his sons, he was able to be their primary authority figure and Father and sons were able to bond in a way that permitted the boys to develop socially and emotiona11y. 7. Father has always had a very strong bond with his sons and his relationship has always been very positive and nurturing. However, since the most recent Order, Father's time with his sons has been severely limited and this limitation has caused the bond between Father and sons to suffer. 8. Both the children and Father have not reacted positively to the prior change in custody that severely limited Father's time with the children. 9. The children have expressed to Father a preference for more time with him and Father also wishes to have more time with his sons. 10. Father believes that the best interest and welfare of the children would be served by modifYing the custody schedule for the following reasons: a. Due to the presence of Mother's live-in boyfriend, the home environment in which the children presently spend most of their time may not be a positive environment for them both socially and emotionally. b. Since birth, Father has been a primary care giver and a strong authority figure for the children and he wishes to continue as such, but in a stronger role than permitted by the limited partial custody schedule that presently exists. c. It is important for the parties' sons to have sufficient time with their Father to establish a strong and nurturing relationship. d. Father is able to provide the children with a stable home and fiuniJy environment and he is willing to relocate if necessary to fucilitate the transfer of primary physical custody to him. He will also encourage regular and frequent contact with Mother as agreed by the parties. 11. Father requests that a custody conciliation conference be scheduled to address the modification of the custody arrangement and his request for primary physical custody of the children. WHEREFORE, Petitioner, Chad E. Arentz, respectfully requests this Honorable Court to enter an Order of Custody granting Father primary custody and Mother partial custody periods as agreed upon by the parties. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: $11 fJ / 0:' J2' n B(i: ~ A. nO I, ~{A_ L~~~~eher, Esquir Su erne Court LD. No. 72963 64 Toodle Road Camp Hill, PA 17011 (717) 763-7613 CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3224 CIVIL ACTION - LAW JULIE M. ARENTZ, Defendant : IN CHILD CUSTODY VERIFICATION I, the undersigned, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: )/~h) NTZ CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ, Defendant IN CHILD CUSTODY n S-~ :cJ CUSTODY AGREEMENT AND STIPULATION r=-' '::.:j ~ 'n_ _..... - ~u AND NOW, the parties, Chad E. Arentz of Cumberland County, Pennsylvania, lleremlifter-< referred to as the "Father", and Julie M. Arentz of Cumberland County, Pennsylvania, hereinafter referred to as the "Mother", enter into a Joint Stipulation of Custody in Cumberland County, Pennsylvania, with regard to their children: Alec M. Arentz, born October 13, 1995 (age 6 years) and Thomas C. Arentz, born April 23, 1997 (age 5 years), and state the following: I. Plaintiff is Chad E. Arentz, (hereinafter "Father"), an adult individual who resides at 1072 Lancaster Boulevard Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Julie M. Arentz, (hereinafter "Moilier"), an adult individual who resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are the natural parents of two (2) children, nan1ely Alec M. Arentz, born October 13, 1995 (age 6 years) and Thomas C. Arentz, born April 23, 1997 (age 5 years) (hereinafter referred to as the "Children"). 4. An Order of Court for custody ofthe Children was entered on March 14, 2002, upon consideration of a Custody Conciliation Report resulting from a custody conciliation conference which took place on March 5, 2002. A true and correct copy of both the current Order of Court and Custody Conciliation Summary Report are attached EXHIBIT "A" hereto as Exhibit "A" and are incorporated herein as if fully set forth. 5. The prior Order of Court provided the parties with shared legal custody and shared physical custody on an alternating week basis. It further indicated that the parties will submit themselves and the Children to a custody evaluation to be performed by a professional selected by agreenient of the parties. 6. The parties now stipulate and agree to the teffi1S of this agreement to resolve the pending claims ofrecord and establish a modified custody schedule. 7. The proposed custody order is in the best interest of the Children because it provides the children with a structured schedule that takes into consideration each parent's express desire to have the Children reside in the marital residence and more importantly, in the local community which is most fanllliar to the children. 8. The parties further expressly agree that they shall each be flexible with the custody arrangements and each party shall not unreasonably withhold their consent to alter the schedule of the Order for Custody when requested by the other party. They also agree to listen carefully and consider the wishes of the Children in addressing the custodial schedule, and changes to the schedule, and any other parenting issues. 9. The parties stipulate and agree that the teffi1S for custody ofthe minor children Alec M. Arentz and Thomas C. Arentz shall be as follows: a) Legal Custody - The parties shall have shared legal custody of the minor children. Except in the case of an emergency, all major parenting decisions concerning the health, education and safety will be made by agreement of both parents. It is further specifically agreed that both parents shall be entitled to equal access to all school, medical and dental records. b) Physical Custodv . The parties specifically agree to the following physical custody schedule for the minor children: j) Sick davs - The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. k) Extracurricular activities - Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties shall agree to honor and participate in the activities that a child wishes to engage in. During the times that the parents have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. I) Contact information - Each parent shall keep the other parent notified of his or her address and telephone number. 0) Children's well-being - The parties realize that the Children's well-being is paramount to any differences they might have between themselves. Therefore, they agree that neither party will do anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or which may hamper the free and natural development of the Children's love or respect for the other parent. p) Modification - No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. q) Order of Court - The parties expressly stipulate and agree to have the terms of this Stipulation entered as a modified Order of Court for child custody to the above-captioned docket. 12. This Agreement is binding and enforceable when signed by Chad E. Arentz and Julie M. Arentz. Both parties agree that this Stipulation shall be incorporated into an Order of the Court of Common Pleas of Cumberland County, Pennsylvania to the above-captioned docket number and they further agree that this Stipulation fully resolves any and all child custody issues of record in this proceeding. WHEREFORE. the parties ask that this Honorable Court enter an Order in accordance with their Agreement. We verifY that the statements made in the foregoing document are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Witnesses: . -i '----' \- 1- ,- i LINDA A.CLOTFELTER, ESq,ufym Attorney for Chad E. Arentz / ( ii j ! 11/ I ! )/ ! /Vi :' :i '\ .J//!\! I. '..J,....-'" i 'i ~ t, \\ JOANNE:1MRR1S'ON CLOuml, ESQUIRE Attorney for Julie M. Arentz \"'" " \ \ \ ,// ,,~ .-.'1' '_ ~- I ....,,'(...~,,--' CHAD E. ARNTZ;1'lalntiff ,/--~ . ,,~ \-<~ --JULiE it ~~~z, I5~fend~nt \ ',-, " "-, -) J-,,\ .;' I/,,!" f__/ CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF ClTMBERLAND COUNTY, PENNSYLVANIA vs. 01-3224 CNIL ACTION LAW JULIE M, iillENTZ, Defendant IN CUSTODY ORDER OF COURT I I )' AND NOW, this / Lj day of --!! /' -U--r: I) , 2002, upon consIderation of the attached Custody ConciliatlOn Repor, it is ordered and directed as follows: 1. The parties shall submit themselves and their minor Children to a custody evaluation to be perforn1ed by a professional selected by agreement of the parties and counsel. The purpose of the evaluation shall be to obtain independent professional recommendations concerning ongoing custody arrangements which will best serve the interests of the Children. The parties shall sign all authorizations deemed necessary by the evaluator in order to obtain additional inforn1ation pertaining to the parties or the Children. The parties shall apply the full tax refund which they receive for the 2001 tax year toward payment of the costs of the custody evaluation and all remaining costs shall be equally shared between the parties. 2. The Father, Chad E. Arentz, and the Mother, Julie M. Arentz, shall have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. Each parent shall have an equal right, to be exercised jointly with the other parent, 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. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 3. Pending further Order of Court or agreement of the parties, the parties shall share having physical custody of the Children on an alternating weekly basis, with the exchange to take place every Friday at 5 :00 p.m. at daycare, The non-custodial parent shall have a period of custody with the Children from Monday at 5:00 p.m. through Wednesday at 5:00 p.m. The party who has custody of the Children shall be responsible to make alternative arrangements for their care in the event of sick days or other exigent circumstances. 4, The parties shall share or alternate having custody of the Children over holidays as alTanged by agreement. EXHIBIT "A" 5. Counsel for either pany may contact the Conciliator within 60 days after receipt of the written custody evaluation recommendations, if necessary, to schedule an additional Custodv Conciliation Conference, 6, This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the interim custody arrangements set fOlih in this Order b\' mutual consent. In the absence of mutual consent. the tenns of this Order shall control. BY THE COURT, /,// I-~.I/ ! J. , /1 Ij/! I, ,} :1 i' " I' " ' _/< - j" '; /I),ij, pi \....!~,_,.r,..<,,' . I , , I , I~- cc: Linda A. Clotfelter, Esquire -- Counsel for Father .JoannE HaJTison Cough, Esquire -- Counsel for Mother L.r,_ '. .,." " \ "._ ...,'{ !':ti"- :r',',.'," ,- . , ....J- ;i; c_ir:;....: :'1.'1,',,'::--:'-':;'-., 1 (";2nO ~'~:;s,,2..':'?9.? S:~~jC':,;;;;/.i.lr,_C;;.)~"i"" "~~~)--J-" _/;', _, ,,~/.. _)'/ '... r' .', y.,; , .~ ...-J.::'.'; .:.~J.~...:;,.;...~..;...~;:::'..__~.fl..: l/....1:...l.!....!}..i... ....~4J-~... I '/ 'I i Prl!lthonotary / V CHlw E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN'NSYL V ANL"'.. vs. 01-3224 CNIL ACTION LAW JULIE M. ARENTZ, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent inforn1ation concerning the Children who are the subjects of this litigation is as follows: NAME DA TE OF BIRTH CURRENTLY IN CUSTODY OF Alec M. Arentz Thomas C. Arentz October 13, 1995 April 23, 1997 Mother/Father Mother/Father 2. A Conciliation Conference was held on March 5, 2002, with the following individuals in attendance: The Father, Chad E. Arentz, with his counsel, Linda A. Clotfelter, Esquire, and the Mother, Julie M. Arentz, with her counsel, Joanne Harrison Clough, Esquire. 3. The parties agreed to entry of an Order in the fonn as attached, Ith,J\- Date [', ;';'LV.~ , l;L~/lh~ (:l~~7 Dawn S. Sunday, Esquire Custody Conciliator p (? ~ It fl 0 W ~ g 1_ 0 ' :.J -rJ a F- E ---< CHAD E. ARENTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, April 22, 2003 at 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 camlot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children al!;e five or older may also be present at the conference. 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 hearinl(. FOR THE COURT, By: Isl Dawn S. Sunday, Esq. Custody Conciliator v 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~~~~~ ~,~~,/~;r~ ~ f:.z?.E /y'~?",;~/ /"'9 r- cc7S(:' E ['05('. [, fe' -3 co. [ V!!":'r/I,'lJ''''!' ,. '- ,t I' '-'"",,:" ,,I,,, ,.j '-jl~--!.-J '_",I\! ,; I ,-", "~,'::;,',,, '-'."~nJ ~,. Oc.. :/ !Ir .. j,(j ,,;> '" c.(, cui'I cn ';1',': ' ^'..! ~,:','i, r,"', .cJ ":,i CHAD E. ARENTZ, Plaintiff vs. JULIE M. ARENTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3224 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Chad E. Arentz, do hereby affirm that the original return receipt of the Order for Conciliation Conference and Petition to Modify Custody sent by Certified Mail, Restricted Delivery, Return Receipt Requested, was served upon Joanne Harrison Clough, counsel for Defendant, on April 9, 2003 by United States Certified Mail, Return Receipt Requested, atthe following address: 2331 Market Street, Camp Hill, P A 17011, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. ~ 4904 relating to unsworn falsification to authorities. 3. Sorvlce1YPe ~ Mall [J ElcpnIOa Moll [J RegIstered UHIOturn Receipt for _I.. [J 1_ Moil [J C.O.D. .. Restricted DelIvery7 (&tnl Foe) Cl Yes 2. . 7~ 2i70~rrJo B2.QO 7QZO PS Form 3811, July 1999 Domestic Return ReceIpt . CamJll8te _ 1, 2. lIl1d 3. A110 complete Item 4 W Reslrtctec:ll;lellvery Is <!esIred. . ::~,. r name snd odd,"'" on, .the,' rev..... _.1BI4im tlJt card to you. . Attsch thT,"Ciitd to the b8ck cif the msllpiece. or on the front W spees perm"s. ~J1rr,tul C/VUjk Rf7rf Alctu; PC . 2;[6'3/ MarU-l- (j//c t--f" (}lU11p ;tIt11 PI! J7tJ/( Dated: Jf 1 15. { 03 1<. -bI'If'IsootPrfntClordy) B. DIIte"'llsIiYIfy fftra.-/[ P-::"fO",//, Lt.-"\?") ~~~ -~~:.:.... D.1s~__flomIt!lli'l17 [Jyss W YES. en\er dsIlvsry _~: 'l No \ . 102595.()(}..M.0952 LAW OFFICES OF CRAIG A. DIEHL :2 '/) f) ,~, inlla A. Clotfelter, Esquire Att rney ID No. 72963 4 Trindle Road Camp Hill, PA 17011 (717)763-7613 CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-3224 CIVIL JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Joanne Harrison Clough, Esquire REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 LAW OFFICES OF CRAIG A. DIEHL Date: 1-/5- tJ3 By: /I~ ~ i.Ja<-1 Lacy A. J~, Legal A?s'isull{t 3464 Trindle Road Camp Hill, PA 17011 (717)763-7613 -0 ~ 'E V' c s: a = ~ ~ ~ ~ it , it ~ ~ ~ , 1 i i' ;j ~ ~ Ii' " o if 't ~ M ~ . , il- l ~ '" . M ~ Q. o " ~ . ~ '? ~ M ~ 5: " = it n !l ~ il g ~. :j' S' ~ M - " M ~ ~ o ~ Iii c ;j J ] 1 ~ ~ i ~' " ." , ~ a ~ ~ . " . J , . ~ a' il 3' .;; ~~~ ~~II> t7 m II> ~~~~~~~t7 -l co R :..- co .. ~ ~ 1:: ~ ::; N ,0 o N 'N ,0 o ~ ~ " D n 1\1 3 1\1 :s -+ :s 1\1 ~ 1 Cl , en , Cl c.. 1\1 !!> Gl ~ " -......... ~ ~t7 '--'- II> ~~t7 I m ~it g.!!. ~.~ =::j H M" ~": " " -< . 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I" ~ 2, i ~ _n I CD m~ia , 8' ! 0 \-1 ;a I I'D ~ f ~ co !:r iiJ iI'D !6"1'" ,n :I:;g $ ;;' iii' '"'l m .. ~ n ~ ~ o 9- ID .. " a a ID :I If CHAD E. ARENTZ, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLV ANIA v. NO. 01-3224 CIVIL ACTION - LAW JULIE M. ARENTZ, Derendant/Respondent IN CHILD CUSTODY ORDER AND NOW, this day of June, 2003, upon consideration of Petitioner's Motion for Continuance, it is ordered and directed as follows: The Hearing scheduled for June 12,2003, at 8:45 a.m. shall be rescheduled to take place in Court Room No. 2 of the Cumberland County Courthouse on the day of , 2003, at a.m./p.m. at which time testimony will be taken. For purposes of this hearing, the Father, Chad E. Arentz, shall be deemed to be the moving party and shall proceed initially with testimony. BY THE COURT, Edgar B. Bayley, Judge ~ '9 WL)' 1 ",fftJ l' -r'~ \M;<l'~ ~ \) f;:--.v L GVl --~--(""'., '. - ~ a..... i~ ~ ) //f.~-? ;7 l\_~aUttY J "t cc: ~da A. Clotfelter, Esquire - Counsel for Father ~anne Harrison Clough, Esquire - Counsel for Mother TRUE \I " . COPY FROM RECORD /l~' In Testimony Wh~eof' here U, nto set my ha lid l.- . and e ~, of said rt at Carlisle, Pa. Th' ...?.. .. ........... lJ.Ae Ok-QS-Q3 AA5 . . .... ....:. .. '~.' .oll"ft~_';'__,c -'~'~;r\:n8 7,U :t; f':U ~ ."'~,.,O ': :' .', i~! 1\ (; "j NJ1i!,',,,,,, . ,.0 CHAD E. ARENTZ, Plain titT/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA v. NO. 01.3224 CIVIL ACTION. LAW JULIE M. ARENTZ, Defendant/Respondent IN CHILD CUSTODY Judicial Assignment: The Honorable Edgar B. Bayley MOTION FOR CONTINUANCE AND NOW, comes PetitionerlPlaintiff, Chad E. Arentz, by and through his counseL Law Offices of Craig A. Diehl, and files the following Motion for Continuance, respectfully stating as follows: 1 PetitionerlPlaintiff is Chad E. Arentz, (hereinafter referred to as "Father), who currently resides at 1072 Lancaster Boulevard Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. RespondentlDefendant is Julie M. Arentz (hereinafter referred to as "Mother"), who currently resides at 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner filed a Petition to Moduy the Order of Court for custody dated August 1, 2002, which was entered upon stipulation of the parties. 4. The parties were unable to resolve the present dispute at the time of the conciliation conference in this proceeding which was held on about May 1,2003. As a result, a hearing was scheduled to take place on June 12, 2003, at 8:45 a.m. before the Honorable Judge Edgar B. Bayley. 5. Counsel for Petitioner is scheduled to appear at APL conference in the Domestic Relations Section on June 12, 2003, at 9:00 a.m. for a conference that has been previously rescheduled on a matter pending since March, 2003. A true and correct copy ofthe Order Rescheduling Conference is attached hereto as Exhibit "A" and are incorporated herein. 6. Two of Petitioner's witnesses, the children's two teachers, are unavailable to appear on June 12, 2003, due to continuing education obligations. 7. In proceedings between the parties in the past Petitioner's counsel has consented to Respondent's counsel's requests for continuances of the most recent conciliation conference and domestic relations conference between the parties, yet Respondent's counsel has refused to concur with this request for continuance. True and correct copies of the letter sent to the Conciliator by Respondent's counsel confirming her request for continuance of the conciliation conference and the Order Rescheduling Conference for the domestic relations conference continued at Respondent's counsel's request are attached hereto as Exhibit "8" and are incorporated herein. WHEREFORE, Petitioner, Chad E. Arentz, respectfully requests this Honorable Court to continue to child custody hearing to the next available court date and grant such other relief as this Court deems just and proper. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: ~ ILl 0-3 y: Vv.~ Q_ ~A- A:'ndli A. Clotfelter, Esquire 0 Slpreme Court J.D. No. 72963 ~64 Trindle Road Camp Hill, P A 17011 (717) 763-7613 EILEEN GARTSIDE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JOHN J. GARTSIDE, Defendant/Respondent NO. 2003-1176 CIVIL TERM IN DIVORCE Pacses# 247105401 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this Iill day of May. 2003, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ, Shaddav on June 12, 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013. after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. Note: This date replaces the prior conference date (~lMay 13, ]003, YOU are further ordered to bring to the conference: (I) a tlUe copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order. completed as required by Rule 1910,11<9 (4) verification of child care expenses (5) proof of medical coverage which you may have. or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5-12-03 to: Petitioner < Respondent Linda Clotfelter. Esquire Lee Smigel, Esquire '~"~14J 11 I . I/.-/'. ,_ '_,_~IJ~,,' ' /' - ,-" /1 J Shadday, Conference Offic~T- , Date of Order: Mav 12, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 t.~hll)lt "A" REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763.1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC,com THEODORE A. ADLER + DAVID W. REAGER CHARLES E, ZALESKI LINUS E, FENICLE DEBRA DENISON CANTOR THOMAS 0, WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH DOUGLAS P. LEHMAN + Certifjed Civil Trial Specialist Writer's E-Mail Address;jclough@epix.net April 4, 2003 Dawn Sunday, Esquire 39 W. Main Street Mechanicsburg, P A 17055 RE: Arentz v. Arentz Docket No.: 01-3224 Our File No.: 01-571 Dear Attorney Sunday: This letter will confirm that you have granted our request to continue the Custody Conciliaton Conference from Tuesday, April 22, 2003 at 10:30 a.m. to Thursday, May 1,2003 at 10:30 a.m. due to Defendant's counsel having a court conflict with the previously scheduled date. Opposing counsel, Linda Clotfelter, Esq., is in concurrence with the continuance. Thank you for your cooperation in this matter. Sincerely, eH~"~~1 JHC/dls cc: Julie Arentz Linda Clotfelter, Esquire ~hiblt" 8" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JULIE M. ARENTZ ) Docket Number 00234 S 2002 Plaintiff ) vs. ) PACSES Case Number 798104344 CHAD E. ARENTZ ) Defendant ) Other State 10 Number ORDER OF COURT - RESCHEDULE A CONFERENCE You, CHAD EUGENE ARENTZ plilintiff/defendant of 1072 LANCASTER BLVD, MECHANICSBURG, PA. 17055-4470-99 are ordered to appear at CUMBERLAND CO DRS 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a conference officer of the Domestic Relations Section, on the 17TH DAY OF APRIL, 2003 at 1: 30PM for a conference, after which the conference officer may recommend that an order be entered. This date replaces the prior conference date of MARCH 27, 2003 You are further required to bring to the conference: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months. 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: (~(' i --1-J..r}Y..~ ,,'J, cJ.JJ (:...k...J..iJ..A.. . v ! \' rAj Service Type M Form CM-5l3 Worker ID 21200 CHAD E. ARENTZ, PlaintiffIPetitloner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-3224 CIVIL ACTION - LAW JULIE M. ARENTZ, DefendantIRespondent IN CHILD CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certifY that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Joanne Clough, Esquire REAGER & ADLER. P.C. 2331 Market Street Camp Hill, PA 17011 (Counsel for Respondent) LAW OFFICES OF CRAIG A DIEHL Date: ({J /:2- / tJ3 By: ~ a CI4. a JJaAd- ~i Aw'';, Leg~~~ 3464 Toodle Road Camp Hill, PA 17011 (717) 763-7613 c; ~:;'; l.'[" r~} / ~) f' <- ~' :~ -I; f I'" ~) -',) CHAD E. ARENTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. ARENTZ, DEFENDANT 01-3224 CIVIL TERM AND NOW, this merits, IT IS ORDERED: ORDER OF COURT I~ day of June, 2003, following a hearing on the (1) All prior custody orders are vacated and replaced with this order. (2) The father, Chad E. Arentz, and the mother, Julie M. Arentz, shall have shared legal custody of Alec M. Arentz, born October 13,1995, and Thomas C. Arentz, born April 23, 1997. (3) The children shall be with the mother, except that the father shall have them: (a) during each school year on alternate weekends from after school on Friday to the beginning of school on Monday, and on each Wednesday from after school until the beginning of school on Thursday; (b) during each summer school vacation period for two continuous weeks, then the mother shall have them for one continuous week, with this sequence continuing until the school year begins. Transfer shall be on Sunday evenings at 7:00 p.m. (4) The mother shall always have the children on Thanksgiving eve and Thanksgiving Day, and the father shall always have them from 9:00 a.m. the day after Thanksgiving until they return to school following the Thanksgiving break. (5) The parents shall share or alternate having the children on Christmas Eve and Christmas Day as arranged by agreement. The father shall always have them from December 2ih at 9:00 a.m. until they returned to school following the Christmas break. (6) The mother shall always have the children on Mother's Day and the father shall always have them on Father's Day. ./ Edgar B. Bayley, ...> Linda A. Clotfelter, Esquire For the Father ~ ~ {,_/3-Q,3 9- Joanne Harrison Clough, Esquire For the Mother :sal CHAD E. ARENTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. ARENTZ, DEFENDANT 01-3224 CIVIL TERM MEMORANDUM Bayley, J., June, 2003:-. Alec Arentz and Thomas Arentz are fortunate in having two loving, capable parents who communicate and cooperate in their care and upbringing. While the father seeks a week on week off shared custody agreement throughout the entire year, we are satisfied that the best interest of the children warrants the stability of their being in the home of the mother during the school year with the father having periods of temporary physical custody as provided. While that arrangement provides the father with less time with the children than the mother during the school year, he is provided more time with them during each summer school vacation break, and more time with them during each Christmas school break. < \ / EBB:sal :- : j' 1 ~ ~ CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN CHILD CUSTODY ANSWER TO PETITION TO MODIFY CUSTODY AND NOW, this ~day of April 2003, comes Defendant, Julie M. Arentz, by and through her attorney, Joanne Harrison Clough, Esquire, ofReager & Adler, PC, and files this Answer to Petition to ModifY Custody, and in response thereto avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further explanation, the parties have agreed to modifY the schedule from time to time since the execution of the Stipulation. 6. Admitted. In January 2003, Mother's boyfriend, Brett Feddersen, was transferred from his position as a Pa State Police Trooper at Bureau of Emergency and Special Operation Aviation Patrol Unit 6, Franklin, Venango County, Pennsylvania to Aviation Patrol Unit 1, Reading, Berks County, Pennsylvania as a helicopter pilot. At the time of said transfer, Trooper Feddersen moved into Mother's residence. 7, Denied. It is denied that Father is seeking a modification in custody as a result of Mother's cohabitation. To the contrary, Petitioner/Father previously encouraged Mother to residing at Mother's residence has caused any negative social or emotional environment for the children. To the contrary, the children have a positive loving relationship with Brett Feddersen. b. Denied. It is specifically denied that Father has been a primary caretaker of the children since birth. To the contrary, Mother was a stay-at-home mom for the first five (5) years since the birth of Alec and Mother has always been the primary caretaker of the children. It is further denied that Father has a limited partial custody schedule. c. Admitted in part, denied in part. It is admitted that it is important for the children to continue a strong relationship with their Father. It is denied that the current arrangement precludes such a relationship. d. Denied. It is specifically denied that Father is able to provide a more stable home and family environment than the stable home and family environment provided by Mother. ] ]. Admitted. It is admitted Father requests a Custody Conciliation Conference. It is denied that a change in primary custody is in the children's best interests. WHEREFORE, Mother respectfully requests that this Honorable Court deny Father's Petition to Modify Custody. Dated: ~ -- /{ -"D3 By: Respectfully Submitted, RE jU:R. pc( Joa e Harrison Clo g Esquire LD. No. 36461 2331 Market Street Camp Hill, PA ]701] (717) 763-1383 Attorneys for Plaintiff . CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that, on this date, I served the foregoing Answer to Petition to Modify Custody by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Linda A. Clotfelter, Esquire Law Offices of Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011 REAGER & ADLER, PC Date: l{ ~ (r - -0 '3 Joanne Harrison Clough, o MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of .J/tl-"-t. , 2002 between JULIE M. ARENTZ, hereinafter referred to as (WIFE) and CHAD E. ARENTZ (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 6, 1993, in Hanover, York County, Pennsylvania; and WHEREAS, two (2) children were born of this marriage: Alec M. Arentz born, October 13, 1995 (age 6 years); and Thomas C. Arentz, born April 23, 1997 (age 5 years). WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fuir opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Joanne Harrison Clough of Reager & Adler, P.C., and that Husband has been represented by Linda A. Clotfelter, Esquire of Law Offices of Craig A. Diehl. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for 1 which the other party may be liable in whole or part, and all sources and an10unts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income 2 and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative ofthe estate ofthe other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, rea~ personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other 3 . considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach ofthe Agreement as set forth hereinafter in Paragraph 23. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each ofthe parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will ofthe other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of 4 . the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive ilieir rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a hasis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make a decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the 5 . provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventorv: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement ofthe other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Propertv: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not 6 limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. With respect to the motor vehicles owned by one or both of the parties, the parties agree as follows: I. Wife's Vehicle: Wife shall retain the 1998 Plymouth Grand Voyager and it shall be her sole and separate property. n. Husband's Vehicle: Husband shall retain the 1994 Ford Explorer and it shall be his sole and separate property. ill. Identification: Identification of a vehicle herein shall include not only the Vehicle, but also the sale or trade-in value thereofifit has been sold or traded in prior to the date of this Agreement. IV. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating the transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. 7 v. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include ''power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. V1. Liens: In the even that any Vehicle is subject to a lien or encumbrance, the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indernniJY, protect and save the other party harmless from said lien or encumbrance. vii. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall be come the sole and separate property of the other party pursuant to the terms of this Paragraph. B. REAL ESTATE. The parties are the owner ofa certain tract of improved real estate known and numbered as 3821 Conestoga Road, Camp Hill, Cumberland County, Pennsylvania 170 II (hereinafter "the Real Estate") which is encumbered with a first mortgage owed Washington Mutual Savings Bank with an approximate balance of $125,000.00 and second mortgage owed to PNC Bank with an approximate balance of$11 ,000.00 (hereinafter "the Mortgages"). With respect to the Real estate and the Mortgages the parties agree as follows: 1. Wife's occupancy. The parties agree that Wire shall be entitled to exclusive occupancy of the real estate and Wife shall pay all expenses relating to the Real Estate, including, but not limited to, the Mortgages, real estate taxes, 8 insurance, utilities and the like. It is further agreed that all household utility accounts not in Wife's name alone, shall be transferred to Wife's name alone within ten (10) days of the execution ofthis Agreement. ii. Wife's refinance. Wife further agrees to apply to refinance the Mortgages such that Husband is relieved of any and all liability for same. Wife shall be solely responsible for any and all costs associated with her refinance of the Mortgages pursuant to this Agreement. If Wife is not able to effectuate the refinance of the Real Estate within two (2) years from the date of execution of this Agreement, then the Real Estate shall be listed for sale and the property shall be sold to a third party such that the Mortgages are paid in full, thereby releasing the parties from same. iii. Distribution of Proceeds upon Sale. Ifthe Real Estate is sold to a third party, upon settlement the net proceeds derived, after payment of the Mortgages and all other normal and reasonable settlement costs shall be distributed as follows: Two-Thirds (2/3) to Wife and One-Third (1/3) to Husband. IV. Husband to Execute Deed. Husband shall execute a Deed transferring any and all right, title and interest he has in the marital residence located at 3821 Conestoga Road to Wife contemporaneously with the execution of this Agreement. Husband and Wife further agree that said Deed shall be held in escrow by Husband's counsel until such time as Wife executes her option under Paragraph B(ii) here above to refinance the first and second mortgages and relieves Husband from any and all obligation thereon. At the time ofthe 9 refinancing settlement, Husband's counsel shall release the executed Deed to the settlement agent so Wife can refinance the liens of on said residence and remove Husband as an obligor thereon. In the event Wife fails to refinance the debt on the marital residence in to her sole name, then the deed executed by Husband transferring his interest in the property to Wife shall be destroyed and Husband and Wife shall both sign a Deed transferring the property to a third party if a sale of the property occurs. C. RETIREMENT ACCOUNTS AND PENSION PLANS. Except as hereafter provided, each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan, and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise (hereinafter "the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms ofthis Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. The foregoing notwithstanding, the parties agree that the balance of Husband's 401(K) at PNC Brokerage as of the date of execution of this agreement (same being approximately $5,500.00), shall be rolled-over to Wife's name alone. 10 This shall be accomplished as soon as is reasonably possible after the date of execution of this Agreement. If a Qualified Domestic Relations Order (hereinafter "QDRO") is required by the plan administrator to effectuate the distribution of Husband's 401(K) to Wife, the parties agree that the costs associated with the preparation and filing of the QDRO shall be shared equally by the parties, and each party shall cooperate fully in executing and delivering the documents necessary to obtain a QDRO. D. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control ofthe other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control ofthe party. E. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums 11 deposited in the marital bank accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names, except any such fimds or accounts otherwise designated in this Agreement. 8. DEBTS. A. Husband's Debt. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnifY and save Wife hann1ess from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. B. Wife's Debt. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnifY and save Husband hann1ess from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. C. Marital Debt. During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: I. General Provision: Any debt herein described shall be deemed to include the 12 current balance owed on the debt. Unless otherwise specifically provided herein, there shall be no adjustment for the payment of any portion of the Marital debts that a party may have made prior to the execution ofthis marital Agreement, whether or not that debt is specifically referenced in this Paragraph. ii. Wife's debts: Wife shall be solely responsible for the following bills and debts: 1. Mortl!:al!:es: The Mortgages and any cost of the refinancing of the Mortgages as referenced in Paragraph 7(B), herein; 2. Vehicle Loans: Any vehicle loan for Wife's Vehicle as referenced in Paragraph 7(A) herein; 3. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7(B), herein; 4. Retirement Funds: Any and all taxes and/or penalties resulting from her withdrawal of funds from any Retirement Plans as referenced in Paragraph 7 (C) herein; 5. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. iii. Husband's Debts: Husband shall be solely responsible for the following bills and debts: I. Vehicle Loans: Any vehicle loan for Husband's Vehicle as referenced in Paragraph 7(A), herein; 13 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. D. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the teffi1S herein are not the responsibility of the other party. This includes but is not limited to any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. E. No Further Chal'2es on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. F. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. G. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. Each party hereby waives 14 any right and/or claim each may have, now or in the future, against the other for counsel fees, costs and expenses. 10. CHILD CUSTODY. The parties acknowledge that an Order of Court regarding the custody of their sons, Alec M. Arentz born, October 13,1995 (age 6 years); and Thomas C. Arentz, born April 23, 1997 (age 5 years) was entered on March 14, 2002, upon consideration ofa Custody Conciliation Report. A. Modification of Current Order. It is the express intent of the parties to establish a Modified Custody Order upon written Stipulation of the parties. B. Each Party to be Flexible. It is further expressly agreed by the parties that they shall each be flexible with the custody arrangements, and each party shall not unreasonably withhold their consent to alter the schedule ofthe Order for Custody when requested by the other party. The parties also agree to listen carefully and consider the wishes ofthe children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. C. Primary Custodial Parent. In the interest of providing the children with a structured schedule and in consideration of each parent's desire to have the children reside in the marital residence and more importantly, the local community and school district which is most familiar to the children, the parties agree that Mother shall have primary physical custody of the children at this time. It is further expressly agreed by the parties that Mother shall not relocate more than 17.5 miles from her current residence in Camp Hill, Pennsylvania without Father's consent in writing or an Order of Court permitting same. 15 11. CHILD SUPPORT. Husband shall pay Wife child support for the support ofthe Children under the following terms and conditions: A. Payment Terms and Commencement Date: The child support shall be designated and payable as follows: 1. The sumof$I,600.00 each month through September, 2002, said sum including $1,200.00 for child support and ordinary daycare expenses plus an additional $400.00 for the temporary increased daycare expense that will terminate September I, 2002. 11. After September I, 2002, the sum to be paid by Husband to Wife shall be $1,200.00, each month which includes child support and day care expenses. lll. The payments as designated above shall commence on July I, 2002, and shall be payable biweekly and sent via mail post marked no later than the Monday following Husband's pay day. It is specifically acknowledged by both parties that Husband shall tender biweekly payments in the amount of $738.46 for his monthly obligation of $1,600.00 and that he shall pay biweekly support payments of$553.85 for the months his child support obligation is $1,200.00. B. Termination and Adjustment: The amount of child support allocated to the Children shall terminate upon the earlier of a child reaching age 18 or graduating from high school or upon the emancipation ofthe child, at which time the support for the remaining child shall be adjusted downward. 16 C. Payment Method: The child support shall be paid by Husband to Wife by direct payments from Husband to Wife forwarded by mail post marked no later than the Monday following Husband's pay day. The parties specifically agree that if Husband is ever four (4) weeks or more delinquent in his support obligation then the support provisions of this Agreement shall be reduced to Court Order and enforced by Cumberland County Domestic Relations Office. In such event a wage attachment shall immediately issue against husband for child support and any arrears as court ordered.. D. Medical Expenses: The following shall apply to the medicaL dental and optical expenses for the Children that are not covered by insurance: 1. Sharing of Expenses: The party having primary physical custody of a child shall be responsible for the first $250.00 in non-covered medical expenses (as that term is defined in the support laws of the Commonwealth of Pennsylvania) incurred for that child in each calendar year. Any non-covered medical expenses in excess of that $250.00 an10unt per year shall be paid thirty percent (30%) by Wife and seventy percent (70%) by Husband. Each party shall pay his or her share as the medical expenses are incurred and in no event any later than thirty (30) days following a request for contribution. 11. Insurance Coverage: If such expense is covered in whole or in part by insurance then the an10unt of payment owed by each party shall be detem1ined after the insurance payment is made. In the event payment 17 is due before the application of the insurance coverage, then thirty percent (30%) shall be paid by Wife and seventy percent (70%) shall be paid by Husband when the expense is incurred and when the insurance reimbursement payment is received it shall be divided as follows: thirty percent (30%) to Wife and seventy percent (70%) to Husband. m. Documentation: any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 12. EDUCATIONAL EXPENSES OF CHILDREN. With respect to the Children's future education, the parties agree that they will contribute to the children's undergraduate college and/or post secondary vocational or technical training expenses, including but not limited to the expenses therefor incurred for tuition, room and board, books and educational fees (hereinafter "the Educational Costs") to the extent that each is financially able to contribute at the time the expenses are incurred. Before a party can be expected to contribute to the Educational Costs, the parties will consult with each other and jointly agree as to the expense to be incurred and the educational institution to be selected for the Children. Since it is impossible to detem1ine at the present time the parties' respective financial condition or the ability of the Children to perform satisfactorily in said educational endeavors at the time or times the Educational Costs are to be incurred, the effectuation 18 ofthe parties' intent pertaining to the foregoing will be detem1ined from time to time based upon the Children's then existing ability to perform satisfactorily in educational endeavors, the parties' then existing financial condition and the anlOunt of the Educational Costs as such may exist when the Educational Costs are to be incurred.. 13. ALIMONY AND. ALIMONY PENDENTE LITE. Except as hereinafter set forth, both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfuction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties. Nothwithstanding the above, Hushand agrees to pay to Wife alimony as follows: A. Amount: The alimony shall be $400.00 per month. B. Payment Terms and Commencement Date: The payments as designated above shall commence on July 1,2002, and shall be payable biweekly in the amount of$184.61 biweekly thereafter as long as said obligation remains. C. Termination: The alimony payments shall terminate upon Wife's remarriage or cohabitation, the death of either party, as otherwise provided by Pennsylvania law, or upon the expiration of twenty-four months from the date of execution of this Agreement, whichever occurs first. D. Modification: The alimony obligation ofHushand to Wife may be modified downward only, upon a change in circumstances of the parties. The parties expressly agree that the alimony obligation may not be increased for any reason. It is further expressly 19 agreed that should Mother obtain an order for child support that exceeds the child support sum agreed by the parties in Paragraph 11, the Alimony paid by Husband to Wife shall be immediately reduced by the sum that the child support was increased. E. Payment Method: The alimony obligation shall be paid by Husband to Wife by direct payments from Husband to Wife. 14. MEDICAL INSURANCE. The following shall apply regarding medical insurance on tl1e parties and their Children: A. Medical Insurance for Spouse: Husband shall continue to provide medical insurance coverage for Wife until the date ofthe entry of the divorce decree. If applicable, Wife shall be entitled to elect COBRA coverage under Husband's employment policy in accordance with federal rules and regulations provided that she shall be solely responsible for the payment of any and all costs associated with the COBRA coverage. B. Medical Insurance for Children: Husband shall continue to provide medical insurance coverage on the Children as long as they remain eligible therefor and that coverage is available to him through his employment at a reasonable cost. 15. TAX DEPENDENCY EXEMPTIONS. The parties agree that they shall each be entitled to one (I) tax dependency exemption per tax year. Wife shall be entitled to claim Alec M. Arentz and Husband shall be entitled to claim Thomas C. Arentz. The parties further agree that when there is one (1) available income tax dependency exemption for the parties' children, Wife shall claim the exemption for that child in odd numbered years and Husband shall claim the exemption for that child in even numbered years. 20 16. DIVORCE. A Complaint in Divorce has been filed to No. 01-3224 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301( c) of the Divorce Code as well as Waiver of Notice ofIntention to Seek Entry of Final Decree concurrently with the execution of this Marital Settlement Agreement. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indeIIll1ifY, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 17. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the teffi1S of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the teffi1S ofthis Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that ofthe parties' children. 21 The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to tllls Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 18. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 19. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision ofthis Agreement as ifit were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce 22 Code of the Commonwealili of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of ilie parties. It is warranted, covenanted and represented by Husband and Wife, each to the oilier, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute ilie Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed ilie Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 21. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. BREACH. If either party breaches any provision of this Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be 23 cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the tem1S of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the tem1S of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 Pa. C. SA 789 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in t his paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforce by the non-breaching party. 24. PENNSYLVANIA LAW. The parties agree that the tem1S of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 24 . 25. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the teffi1S hereof shall be valid unless made in writing and signed by both of the parties. 26. ADDITIONAL INSTRUMENTS. Each 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, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. SEVERABILITY. Ifanyterm, condition, clause orprovisionofthis Agreement shall be detem1ined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 28. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each 0 f them. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 30. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 25 . '. . IN WITNESS WHEREO F, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: .; J/1~(J a~' ..-...~ :d\ ",,, - '-------~,-'. "__. r_.,- JULI' M. ARENTZ '6 26 . CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on May 29, 2001. 3. Date and manner of Service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested as evidenced by the Affidavit of Service executed June 1,200 I, and filed on June 15,200 I. 4. The Plaintiff's Affidavit of Consent was executed by the Plaintiff on July 10, 2002, and filed on July 18,2002. The Defendant's Affidavit of Consent was executed on July 3, 2002, and filed on July II, 2002. 5. Plaintiff executed a Waiver of Notice ofIntention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on July 10,2002, and said waiver was filed on July 18,2002. Defendant executed a Waiver of Notice ofIntention to Request Entry of a Divorce Decree under 330 I (c) of the Divorce Code on July 3, 2002, and said waiver was filed on July 11,2002. 6. There are no related claims pending. The parties have resolved all related issues by written agreement dated June 28, 2002. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date:7! J, ') J 0 ^ a A. Clotfelter, Esquire rney J.D. No. 72963 4 Trindle Road Camp Hill, PA 17011 (717) 763-7613 , I I I~ ~ ~~ ~ ~T~~T~~~~TT~TTTTTTTTT T T T T TTTTTTT~~ , IN THE COURT OF COMMON PLEAS ~ , OFCUMBERLANDCOUNTY ~ , , STATE OF PEN NA. CHAD E. ARENTZ, Plaintiff NO. 01-03224 Civil VERSUS JULIE M. ARENTZ, Defendant DECREE IN DIVORCE AND NOW, ~JJ- , 2002 , [T [S ORDERED AND , DECREED THAT CHAD E. ARENTZ , PLAINTIFF, AND JULIE M. ARENTZ , DEFENDANT, , , , , . ARE D[VORCED FROM THE BONDS OF MATR[MONY. It is further ordered that' - he terms of the Marital Settlement Agreement dated June 28 2002 shal' e inco~porated herein, but not merged, for the ourooses of'enfor~ement~ THE COURT RETA[NS JUR[SD[CT[OWOF THE FOLLOW[N~ CLA[MS WHICH HAVE . . . , . . . . . . . . . . BEEN RA[SED OF RECORD IIN TH[S ACT[ON FOR WHICH A F[NAL ORDER HAS NOT . YET BEEN ENTERED; v'vb~ {/ . . . . . . . , /f'J J. . . Il.OYl Flir . . . . . PROTH OT. RY . , , , , , . . . . . . . Of"';!;"" , . . . . . . . . . . . . . . . . . . . , . . , , . . . . . . . . . , . . . , . . . . . . . ~,izv7~ 7tS rV'1$ . / . ~ ~ %- /fT'.J/t// hib; . rJ C'Cl q P CHAD E. ARENTZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTy, PENNSYL VANIA v. NO. 01-3224 JULIE M. ARENTZ, Defendant CIVIL ACTION - LAW IN CHILD CUSTODY PETITION TO MODIFY FOR CUSTODY AND NOW, this \ ~ l&- day of May, 2005, comes the Petitioner, Defendant, Julie M. Arentz, now known as Julie M. Feddersen, and files this Petition in Modification of Custody Order ofJune 13,2003, and in support thereof avers as follows: 1. Petitioner, Defendant, Julie M. Arentz, now Julie M. Feddersen is an adult individual and the natural mother of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. She resides at 813 Stone Road, Camp Hill, Pennsylvania, 17011. 2. Respondent, Plaintiff Chad E. Arentz, is the natural father of Alec and Thomas Arentz. 3. On June 13, 2003, a Court Order was issued modifYing previous Custody Orders. Said Court Order reaffirmed physical custody ofthe children to the mother, but provided father with physical custody two (2) out of every three (3) weeks during the summer with the children. A true and correct copy of said Court Order is attached to made part of and incorporated by reference as Petitioner's Exhibit No. I. 4. During the summer of2003, the parties followed the terms of the June 13,2003, Custody Order and father had physical custody of the children for two (2) weeks and mother one (I) week alternating throughout the summer. 5. In December of 2003, Petitioner, mother changed employment and ceased working in sales and was hired as a Learning Aide for Sporting Hill Elementary School for Cumberland Valley School District. 6. Prior to the start of the summer of 2004, Petitioner mother approached Defendant father and asked if they could change the summer custody schedule since she would no longer be working during the summer months due to her new employment at Sporting Hill Elementary School. 7. The parties agreed to modifY the June 13, 2003, Custody Order summer custody schedule and agreed to alternate custody of the children during the summer of2004, on a week on/week offbasis. Petitioner mother agreed that Respondent father would have two (2) additional one week periods of custody during the school calendar year 2004-2005 to make up for the 10 days he would be missing of summer custody as a result of modifYing the summer custody schedule. 8. Petitioner mother and Respondent father both agreed to the modification of the June 13, 2003, Court Order and followed the modified schedule for the summer of2004 and alternated custody of the children on a week on/week off basis. 9. Respondent father recently advised Petitioner mother that he will not agree to follow the modified summer schedule for the 2005 summer, and indicated he wishes to return to the June 13, 2003 Court Order schedule for the summer of2005. 10. Petitioner mother believes it is not in the best interest and permanent welfare of the children to return to the June, 2003 Court Order summer custody schedule since she is not employed during the summer and she is able to spend her days with the children and father is employed and will be working during most of the weeks he has summer custody of the children. 2 11. Mother believes it is in the best interest and permanent welfare of Alec and Thomas Arentz that they have alternating week on/week off custody with their parents during the summer months. WHEREFORE, Petitioner Defendant, Julie M. Feddersen respectfully requests this Court to modify the June 13, 2003, Court Order to formerly adopt the modification the parties agreed to for the summer of 2004, and direct that the parties have week on/week off physical custody ofthe children during the summer months and grant Respondent Plaintiff, Chad E. Arentz an additional ten (10) days of custody to be exercised during the school calendar year as the parties had agreed in 2004. Respectfully Submitted, Dated: t)'/\\"O~ By: Joanne rrison Clough, LD. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant 3 VERIFICATION I, Julie M. Feddersen, hereby verify and state that the facts set forth in the foregoing Petition to Modify Custody are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 34904 relating to unsworn verification to authorities. DATE 5-/3-0;:;- CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Linda A. Clotfelter, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Date:~ ~ .~ WV\M: anne Harrison Clough, Esquire !."/ Attorney ill No. 36461 ,) 24 N. 3200 Street Camp Hill, P A 17011 (717) 737-5890 Attorney for Defendant , .. . . CHAD E. ARENTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. ARENTZ, DEFENDANT 01-3224 CIVIL TERM AND NOW, this ORDER OF COURT I~ day of June, 2003, following a hearing on the merits, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) The father, Chad E. Arentz, and the mother, Julie M. Arentz, shall have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. (3) The children shall be with the mother, exc.6pt that the father shall have them: (a) during each school year on alternate weekends from after school on Friday to the beginning of school on Mon>lay, and on each Wednesday from after school until the beginning of schoof on Thursday; / (b) during eac~ summer school vacation period for two continuous weeks, thenthe mother shall have them for one continuous week, with this sequence continuing until the school year begins. Transfer shall be on Sunday evenings at 7:00 p.m. (4) The mother shall always have the children on Thanksgiving eve and Thanksgiving Day, and the father shall always have them from 9:00 a.m. the day after i"Thanksgiving until they return to school following the Thanksgiving break. ['X h', b Ii .. . . (5) The parents shall share or alternate having the children on Christmas Eve and Christmas Day as arranged by agreement. The father shall always have them from December 2ih at 9:00 a.m. until they returned to school following the Christmas break. (6) The mother shall always have the children on Mother's Day and the father shall always have them on Father's Day. ~/~ By Co / / Edgar B. Bayley, --> Linda A. Clotfelter, Esquire For the Father Joanne Harrison Clough, Esquire For the Mother :sal ~-' - TRUE COpy FnOM RE""""I. In Testlmo wh ' " V'V. \u j . ",~ e~~ I flttnJ ;.I~,.o Sf't tu.t h?'itj ar.i, In. ~ll of, s.; id t,'o' ,: ii' ". 'c..' / ", f' 'La...:' C' . "....,al). i'Ol. ,II r:t,J" ?,~., - J '1.01'1.. ~ ~()..:J .. ,.-. o..~ II,. . .'~- ProthonCllllV " ~ : - . CHAD E. ARENTZ, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JULIE M. ARENTZ, DEFENDANT 01-3224 CIVIL TERM MEMORANDUM Bayley, J., June, 2003:-- Alec Arentz and Thomas Arentz are fortunate in having two loving, capable parents who communicate and cooperate in their care and upbringing. While the father seeks a week on week off shared custody agreement throughout the entire year, we are satisfied that the best interest of the children warrants the stability of their being in the home of the mother during the school year with the father having periods of temporary physical custody as provided. While that arrangement provides the father with less time with the children than the mother during the school year, he is provided more time with them during each summer school vacation break, and more time with them during each Christmas school break. ( \ Edgar B. Bayley, J. / EBB:sal ;" .. (:J ~ .--. ...u tL 1 ~ f'J , ........ ......... 0 "- ~ C> ~ ~ ~ -0 - F '" R '---!.... -,~-~".'-""~-'---- / CHAD E. ARNETZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-3224 CIVIL ACTION LAW JULIE M. ARENTZ DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tbursday, May 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mecbanicsburg, PA 17055 on Friday, July 01, 2005 , the conciliator, at 9:30 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. All children age five or older may also be present at the conference. 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/ Dawn S. Sunda Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with DisabiJites 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 HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ $r $- ~11/ ~ 5'&, (('5 o/~7? J;v j? ~,~ '.~?< 5U c...e:s ~$tJ ?~ ~fr~ k9P j:7~)_>/)t~, ,. ~,.~ :'-, .. ': f "..~ ~ .. .:; ." 'J.. __-... CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN CHILD CUSTODY JOINT STIPULATION TO MODIFY CUSTODY OItDER OF JUNE 13.2003 AND NOW, this IS-\- day of July, 2005, comes Petitioner, Julie M. Arentz, now Julie M. Feddersen, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully avers as foUows: 1. Petitioner, Defendant, Julie M. Arentz, now Julie M. Feddersen is represented by Joanne Harrison Clough, Esquire. 2. Respondent, Plaintiff Chad E. Arentz, was formerly represented by Linda A. Clotfelter, Esquire, but is now representing himselfin this custolfy action. 3. On May 24, 2005, Petitioner Julie M. Arentz, now Feddersen, filed a Petition to ModifY Custody. 4. Julie M. Arentz, now Feddersen, and Chad E. Arentz have reached an agreement to modifY the tenns of the Custody Order of June 13, 2003, and both agree to modifY this Custody Order and replace that Order as foUows: A. Father, Chad E. Arentz and Mother, Julie M. Arentz, now Feddersen, shall continue to have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. B. During the school year the children shall be with the mother except the B. During the school year the children shall be with the mother except the father shall have physical custody of the children on alte,mating weekends from after school on Friday to the beginning of school on Monday, and on each Wednesday from after school until the beginning of school on Thursday. Father shall have the right to select two (2) extra days a month to be agreed upon by the parties to exercise physical custody with the boys during the school months of September through May. Father shall also have the right to select two (2) weeks during the school year to exercise additional periods of physical custody at times to be agreed upon by the parties. C. During the school summer vacation the parties agree to have week on week off custody of the children. The parties shall ex(;hange custody of the children during the summer on Mondays at 7:00 p.m. D. The parties agree that all holidays are to be shared by the parties at times specifically agreed by the parties. The parties agree to share the major holidays of Thanksgiving, Christmas Eve, Christmas Day, Easter, Memorial Day, 4th of July, and Labor Day at times as mutually agreed by the parties. The parties agree to divide the Christmas school holiday equally so the children spend the same amount of time with each family during this holiday season. E. The Mother shal1 always have the children on Mother's Day and the Father shall always have custody of the children on F'ather's Day. 5. The parties further acknowledge that in consideration of Father receiving the extra periods of physical custody of the two (2) minor children, Mother agrees to voluntarily reduce Father's support obligation by $200.00 a month and agrl~s to forward notice to Domestic 2 Relations and to sign any documents necessary to effect the redm:tion in said child support obligation. Said reduction in Father's child support obligation shall start the week after the Custody Stipulation is executed by the parties. 6. Both parties agree that this Joint Stipulation shall be reduced to a Court Order and that the Custody Conciliation Conference scheduled for July 5, 2005, be cancelled. WHEREFORE, Petitioner Defendant, Julie M. Feddclrsen and Chad E. Arentz each sign here below indicating his and her intent to modify their custody rights as set forth above and their mutual desire to request the Court to modity the June 13, 2003 and replace that Order with the attached proposed Court Order adopting the terms of this Joint Stipulation to Modify Custody Order ofJune 13, 2003. Witnesses: Q s 3 7S'-(JS Date 7/r I)' Date I 7/ lor;- Date CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify truilt on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Chad E. Arentz 2140 Cedar lane Enola, PA 17025 ~ Date:~()'7 Joanne . son Clough, Attorney ill No. 36461 24 N. 3200 Street Camp Hill, P A 1701l (717) 737-5890 Attorney fOT Defendant """ ~ ~ Sf, '~-n ft"\r: t1:' -dO ~'::' L " ~'-) ) C';~'~<f\ --;-~ ...'\ -""'C) ':~(~ l'(l 9l '3'1 .:.:c (') s;;;, ",.. \>, .-> ~, CJ" '-- C~ r \ cP "'-" ~1 -- :;:- .,J;) RECEIVED JUL 112005..1 0 . '}- CHAD E. ARENTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3224 JULIE M. ARENTZ, Defendant : CIVIL ACTION - LAW : IN CHD...D CUSTODY CUSTODY ORDER AND NOW, this --.It L- day of July, 2005, upon review of the attached Joint Stipulation to Modify Custody Order of June 13, 2003, it is hereby ORDERED and DECREED that the June 13, 2003 Custody Order is vacated and replaced with this ORDER as follows: 1. The natural father, Chad E. Arentz and natural mother, Julie M. Arentz, now Feddersen, shall have shared legal custody of Alec M. Arentz, born October 13, 1995, and Thomas C. Arentz, born April 23, 1997. 2. Physical custody of the minor children shall be as follows: B. During the school year tbe children shall be with the motber except the father shall have physical custody of the children on alternating weekends from after school on Friday to the beginning of school on Monday, and on each Wednesday from after school until the beginning of school on Thursday. Father shall have the right to select two (2) extra days a month to be agreed upon by the parties to exercise physical custody with the boys during the school months of September through May. Father shall also have the right to select two (2) weeks during the school year to exercise additional periods of physical custody at times to be agreed upon by the parties. C. During the school summer vacation the parties agree to have week on week off custody of the children. The parties shall exclulDge custody of the children during the summer on Mondays at 7:00 p.m. D. All holidays are to be shared by the parties at times specifically agreed by the parties. The parties shall share the major holidays of Thanksgiving, Christmas Eve, Christmas Day, Easter, Memorial Day, 4th of July, and Labor Day at times as mutually agreed by the parties. The parties shall divide the Christmas school holiday equally so the children spend the same amount of time with each family during this holiday season. E. Mother shal1 always have the children on Mother's Day and the Father BYTHECO~T, /'/ , --------- shall always have custody of the children on Fa ?vf)- oS- ~~ Jk 2 {n i:?'> ~ po- c-l ...- " ':;2 ,.., ~ 'i? 1h ,&).. YC> ~~t~) ~;,(.. '\.0'0 ',..,0' (..'0- ~\.}f, i.'-'? 'b y '0 ~:7)~0::- :l. :;,<~ ~(;) \ ,':;'- .\,':.... .\\..--- ~.~ ';;'1 o v RECEIVED JUL 151005'/ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHAD E. ARENTZ vs. 01-3224 CNIL ACTION LAW JULIE M. ARENTZ Defendant IN CUSTODY ORDER AND NOW, this ~ day of Julv. 2005 , the conciliator, being advised by counsel that all custody issues have been resolved by agreement ofthe parties, hereby relinquishes jurisdiction. The custody conciliation conference scheduled for July 5, 2005 is cancelled. FOR THE COURT, ~' Dawn S. Sunday, ES(~ Custody Conciliator o ;::; ~ ~ <- c::: ,- - cD ( , '-;i" ~-'j ::.( ~ ~. - -' ~ ~:c\ t; :gt? ;:.J,C) "~.',:'. ."T, ::.~j~~ :~fn ~~ .!jj C<:: s;- a::>