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HomeMy WebLinkAbout06-6212F ? HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006 - bJ1 d CIVIL TERM WREN A. CLEGG, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 A LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NO. 2006 - CIVIL TERM WREN A. CLEGG, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is LORI L. CLEGG, an adult individual residing at 870 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is WREN A. CLEGG, an adult individual residing at 870 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on August 13, 1992 in York, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. October , 2006 LORI L. CLEGG, Plainti HAROLD S. IRWIN, 11 Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - CIVIL TERM WREN A. CLEGG, Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. October GS , 2006 LORI L. CLEGG, Plaintiff rm "T_ Y C=l C!::> Ca -„ C?r c-n O d0 > rn Jr- C: r") w LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plalntlff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 6212 CIVIL TERM WREN A. CLEGG, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on October 26, 2006, by certified mail addressed to the defendant at 870 Alexander Spring Road, Carlisle, PA 17013, certified mail No. 7005 0390 0003 2637 4353. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. October 27, 2006 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 A U.S . Post al Ser vice E RTIF IED MAIL ,,, REC EIPT m o C estic M ail Only ; No Ins urance C overage Provided) Iti m ru ta-ZSl postage s m a 06 Certitied Fee C3 Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee Er (Endorsement Required) M C3 Total Postage & Fees -_ Postmark Here tr? nt o Q k-o??.?"-- l=^-)------- (?- Sliest Apt. No.; (? /?--- - or PO Box No---- ^l __ ??4t? City, State, BF1W PS Form 3801) tructiorIg- ¦ Complete Items 1, 2, and 3. Also complete item 4 It Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mattpiece, or on the front if space permits. 1. Article Addressed to: 370 "?a , ? '73 ? ?C '.T) CAgTjI'3G n-? 1-7'013 A. Signatt Ce O Agent X.- O Addressee B. Received by (Pdnt19d ) C. Date of Delivery W aC',-' eV 6 O0 26'0(0 D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: kNo 3. Service Typo r ,ertIrld Mall, _I3 F?ress Meal Q Registered 0 Return Receipt for Merdhandbe ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pit Fee) ? Yes 2. ArdcleNumber 7DD5 D39D DDD 2637 4353 (ftarrsfer from service label) PS Form 3811, February 2004 Domestlo Return Rsosipt to25s5-02-M-1540 p EXHIBIT "A° C'3 ^' ° C 5 C7 cr, -tea LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2006 - 4 Z l 2-CIVIL TERM WREN A. CLEGG, Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW come the plaintiff, LORI L. CLEGG, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is LORI L. CLEGG, an adult individual residing at 870 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is WREN A. CLEGG, an adult individual residing at 870 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on August 13, 1992 and separated on or about November 1, 2006. 4. The parties are the natural parents of three minor children, namely, Evan A. Clegg (born August 29, 1992), Erin E. Clegg (born January 4, 1994) and Jacob M. Clegg (born December 9, 1996. 5. The children resided with both parties from the time of their birth until the parties' separation. The parties now reside with the plaintiff. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 8. 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. 9. The best interests and permanent welfare of the children require that the parties have joint legal custody of the children, that the plaintiff have primary physical custody and that defendant have scheduled periods of partial custody. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the children as aforesaid. November Z, 2006 HAROLD S. IRWIN, N Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 r VERIFICATION I do hereby verify that the facts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. November 2006 LORI L. CLEGG c? r ? v r? -ti --? -- -? , \ _ - E '? _ ? ,_? _, i'1 ? ? ? / ? ? - -- -'' c, ` ? '? _ tel./ ? i GJl '{ C '`?. U P LORI L. CLEGG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WREN A. CLEGG DEFENDANT 06-6212 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 08, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 14, 2006 at 8:30 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/ ac ueline M. Verne Es q. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 -7 /V?- 44P 4v - PV -,,-, eon yr l? C 4 Ivid G- AON ITOOZ %ol b->/ n" ?;? 5 DEC 14 2006 LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant IN CUSTODY ORDER OF COURT AND NOW, this t 1 th day of 0#_ Lr-y4 C , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lori L. Clegg and the Father, Wren A. Clegg, shall have shared legal custody of Evan A. Clegg, born August 29, 1992, Erin E. Clegg, born January 4, 1994 and Jacob M. Clegg, born December 9, 1996. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children every Monday, Tuesday and Wednesday overnight. B. Mother shall have physical custody of the children overnight from Thursday 6:30 p.m. to Monday morning when the children go to school, except on alternating Saturdays overnight when Father shall have the children for a twenty-four (24) hour period from the earliest at 12:00 noon to the latest at 4:00 p.m., Saturday to Sunday. Father's alternating Saturday shall begin December 23, 2006. C. Father shall have physical custody of the children every day after school from 3:00 p.m. to 6:30 p.m. The children shall be instructed to ride the bus home to Father's residence after school 3. Father shall have physical custody of the children for Christmas from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the children from Christmas Day at 4:00 p.m. to December 27 at 4:00 p.m. 4. Transportation shall be shared as agreed by the parties. 5. The parties and the children shall participate and cooperate with family therapeutic counseling with Franco & Associates. The parties shall follow any recommendations of the counselor/counselors. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for February 15, 2007 at 8:30 a.m. BY THE COURT, J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Dan Regan, Esquire, Counsel for Father / ?? ' t f -66 JIK ? ?\?,? ?? ?? ???? n?ry e ?Y `'!??4 iJ ?! ?p ?, ... ? j?` e LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6212 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Evan A. Clegg August 29, 1992 shared Erin E. Clegg January 9, 1994 shared Jacob M. Clegg December 9, 1996 shared 2. A Conciliation Conference was held in this matter on December 14, 2006, with the following in attendance: The Mother, Lori L. Clegg, with her counsel, Harold S. Irwin, III, Esquire, and the Father, Wren A. Clegg, with his counsel, Dan Regan, Esquire. 3. The parties agreed to an Order in the form as attached. Date acq line M. Verney, Esquire Custody Conciliator R 20 200iW LORI L. CLEGG, : IN THE COURT OF COMMON PL S OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LA WREN A. CLEGG, . Defendant IN CUSTODY ORDER OF COURT AND NOW, this 11 A? day of T'\ *.'r trh . 2007, urori consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 18, 2006 shall remaii n full force and effect with the following addition. 2. Father shall strictly comply with the Order of Court dated Dec ber 18, 2006. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the abs ce of mutual consent, the terms of this Order shall control. Either party may requesi nother Custody Conciliation Conference within 30 days of the date of this Order. I BY THE COURT, ?A, J. M.L. Ebert, Jr., cc: Harold S. Irwin, III, Esquire, Counsel for Mother Y •7 Dan Regan, Esquire, Counsel for Father 0 1 * I I HV L? ?',VW LOOZ MAR 2 0 2ov LORI L. CLEGG, Plaintiff : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEI` S OF VANIA V. WREN A. CLEGG, Defendant NO. 2006-6212 CIVIL ACTIO LAW IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the fo;l report: 1 1. The pertinent information concerning the Children who are the this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CU Evan A. Clegg August 29, 1992 shared Erin E. Clegg January 9, 1994 shared Jacob M. Clegg December 9, 1996 shared 2. A Conciliation Conference was held in this matter on March 20, with the following in attendance: The Mother, Lori L. Clegg, with her counsel, Irwin, III, Esquire. Father, Wren A. Clegg, and his counsel, Dan Regan, Esquii appear. 3. The Honorable M. L. Ebert, Jr. entered a prior Order of Court December 18, 2006 providing for shared legal and shared physical custody. 4. Mother requested an Order in the form as attached. Date 4acq line M. Verney, Esquire Custody Conciliator iect of Y OF J7, rold S. id not Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_REGAN@C OMCAST. NET Lori L. Clegg, Plaintiff, V. Wren A. Clegg, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6212 CIVIL IN CHILD CUSTODY Previously assigned to Hon. M. L. Ebert, Jr. DEFENDANT'S PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Defendant, Wren A. Clegg, by and through his attorney, Dan Regan, Esq., files a Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Plaintiff is Mother, who currently resides in Mount Holly Springs. 2. Defendant is Father, who currently resides at 870 Alexander Spring Road, Carlisle, Pennsylvania 17015-9182. 3. The parties hereto are the parents of the following three minor children: Evan A. Clegg, 15, (date of birth: August 29, 1992); Erin E. Clegg, 13, (date of birth: January 4, 1994); and, Jacob M. Clegg, 10, (date of birth: December 9, 1996). The children alternately reside with Father and Mother at the residences identified above. 4. On December 18, 2006, the Court entered an Order of Custody, dividing physical custody of the parties' children. A true and correct copy of this Order is marked Exhibit 'A" attached hereto, and made part thereof. After a follow-up conciliation conference, the December 18th Order was affirmed by an Order dated March 27, 2007. A true and correct copy of this Order is marked Exhibit "B," attached hereto, and made part thereof. Under these orders, Mother has physical custody from Thursdays at 6:30 p.m. until Mondays when the children go to school, less one 24-hour period every other weekend and Fridays between the time the children get home from school and 6:30 p.m. Father has physical custody during the two periods mentioned above and all other times. 5. The best interests and permanent welfare of the children will be served by a modification of the Court's Order: a. The children have increasingly and voluntarily expressed the desire to spend the majority of their time with Father. Father lives in what had been the marital residence, which is to say the children's long-time home. They are uncomfortable at Mother's new residence, which she shares with her new love interest. b. Father has repeatedly reminded the children of the prevailing custody arrangements. Nevertheless, the children are adamant that they do not want to spend extended periods with Mother. C. The current custody order provides for the children to spend seven nights with Mother and seven nights with Father every two weeks. From the day Mother and Father separated to the day of the custody order, and from that day to now, the children have spent the majority of nights with Father. d. The youngest of the three children has never been comfortable leaving home to go to Mother's. He remains as resistant as ever. e. The two older children - Evan and Erin - were interested in staying with Mother only while she was living in downtown Carlisle and her inattention afforded the -2- children the opportunity to "hang out' downtown with less than desirable friends and acquaintances. Now that Mother has moved, and the lure of downtown no longer exists, these children want to stay at home with Father. f. Father is deeply invested in the children and their pursuits. In contrast, Mother's energy and interest is divided. As a result, when the children are with Mother they are often left to their own devices. The difference in attention is not lost on the children. g. The environment Father offers is better for the children's spiritual and moral well-being. Mother abandoned the marital home and her family - Father and the children - to pursue an ongoing, adulterous relationship. Mother and her love interest now live together, and whenever Mother has custody of the children Mother's love interest spends the night. The children have heard Mother and her love interest being intimate. WHEREFORE, Defendant Plaintiff respectfully requests that this Honorable Court modify its Order to grant father primary physical custody of the three children and to grant Mother partial physical custody every other weekend and one weekday evening per week. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: September 19, 2007 -3- r? -i 1-T 'A LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, . Defendant : IN CUSTODY ORDER OF COURT AND NOW, this _ day of e c,-_,qt n-4 , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lori L. Clegg and the Father, Wren A. Clegg, shall have shared legal custody of Evan A. Clegg, born August 29, 1992, Erin E. Clegg, born January 4, 1994 and Jacob M. Clegg, born December 9, 1996. 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. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children every Monday, Tuesday and Wednesday overnight. B. Mother shall have physical custody of the children overnight from Thursday 6:30 p.m. to Monday morning when the children go to school, except on alternating Saturdays overnight when Father shall have the children for a twenty-four (24) hour period from the earliest at 12:00 noon to the latest at 4:00 p.m., Saturday to Sunday. Father's alternating Saturday shall begin December 23, 2006. C. Father shall have physical custody of the children every day after school from 3:00 p.m. to 6:30 p.m. The children shall be instructed to ride the bus home to Father's residence after school 3. Father shall have physical custody of the children for Christmas from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the children from Christmas Day at 4:00 p.m. to December 27 at 4:00 p.m. 4. Transportation shall be shared as agreed by the parties. 5. The parties and the children shall participate and cooperate with family therapeutic counseling with Franco & Associates. The parties shall follow any recommendations of the counselor/counselors. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for February 15, 2007 at 8:30 a.m. BY THE COURT, J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Dan Regan, Esquire, Counsel for Father T' ? F" R onto so "aw of sm, 9ane? P& LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant PRIOR JUDGE: None : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6212 CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Evan A. Clegg August 29, 1992 shared Erin E. Clegg January 9, 1994 shared Jacob M. Clegg December 9, 1996 shared 2: A Conciliation Conference was held in this matter on December 14, 2006, with the following in attendance: The Mother, Lori L. Clegg, with her counsel, Harold S. Irwin, III, Esquire, and the Father, Wren A. Clegg, with his counsel, Dan Regan, Esquire. 3 _ The parties agreed to an Order in the form as attached. Date I(,Ja t..e- - ?Jacq " line"" M. Verney, Esquire Custody Conciliator MAR $ 0 200] yN 0x14161 T „ .. LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant IN CUSTODY ORDER OF COURT AND NOW, this a 75? day of ?` • . 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 18, 2006 shall remain in full force and effect with the following addition. 2. Father shall strictly comply with the Order of Court dated December 18, 2006. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Custody Conciliation Conference within-3 0 days of the date of this Order. BY THE COURT, Ml- Ebert, Jr.. J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Dan Regan, Esquire, Counsel for Father h1'JXZ e x via( TOMMO the of sarf t WW8 PIL day *--Now. dAiZi LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Evan A. Clegg August 29, 1992 shared Erin E. Clegg January 9, 1994 shared Jacob M. Clegg December 9, 1996 shared 2. A Conciliation Conference was held in this matter on March 20, 2007. with the following in attendance: The Mother, Lori L. Clegg, with her counsel, Harold S. Irwin, III, Esquire. Father, Wren A. Clegg, and his counsel, Dan Regan, Esquire did not appear. 3. The Honorable M. L. Ebert, Jr. entered a prior Order of Court dated December 18, 2006 providing for shared legal and shared physical custody. 4. Mother requested an Order in the form as attached. Date ' acq tine M. Verney, Esquire Custody Conciliator Lori L. Clegg, Plaintiff, V. Wren A. Clegg, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6212 CIVIL IN CHILD CUSTODY Previously assigned to Hon. M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Marylou Matas, Esq. Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DAN REGAN Pa. Lic. No. 7W61 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: September 19, 2007 cz? O y Q , (ja LORI L. CLEGG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WREN A. CLEGG DEFENDANT • 2006-6212 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, September 25, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 25, 2007 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 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: ls/ ac uelrne M. Yerne Es . . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,vw -? i-v 7- VINVt'IAG-Wd 60 .C Wd SZ OS LGOZ KWONUH Ord 3H1 J0 301a?O?-0311J LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant ORDER OF COURT AND now, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6212 CIVIL TERM IN CUSTODY day of , 2007, upon consideration of the attached Motion, it is hereby directed that the parties and their respective counsel appear before Jacqueline M. Verney, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, October 25, 2007 at 10:30 A.M. 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 the scheduled hearing. FOR THE COURT: By: Custody Conciliator SAIDIS, FLOWER & SAY 26 West High Street Carlisle, PA The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (717) 249-3166 LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WREN A. CLEGG, NO. 2006-6212 CIVIL TERM Defendant IN CUSTODY ANSWER TO PETITION FOR MODIFICATION OF CUSTODY AND NOW comes Plaintiff/Respondent, Lori L. Clegg, by and through her counsel of record, Marylou Matas, Esquire, and the law firm of Saidis, Flower and Lindsay, and answers Defendant/Petitioner's Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. It is denied that the best interests and permanent welfare of the children will be served by a modification of the Court's Order as stated. a. It is denied that the children have increasingly and voluntarily expressed the desire to spend the majority of their time with Father. Specific proof thereof is demanded at trial. It is admitted that Father lives in what had been the former marital residence. It is denied that the children are uncomfortable at SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Mother's new residence, which she shares with her new love interest. Specific proof thereof is demanded at trial. b. Mother is unable to form a response as to the statements herein; however to the extent a response is required, the allegations are denied. Specific proof thereof is demanded at trial. c. Admitted. By way of further response, on many occasions, Mother has allowed Father to take the children to activities during Mother's periods of custody with the expectation that the children would be returned to her and they were not. This can account for a portion of Father's additional periods of custody. d. Denied. It is specifically denied that the youngest of the three children has never been comfortable leaving home to go to Mother's. Specific proof thereof is demanded at trial. It is specifically denied that he remains as resistant as SAWIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA ever. Specific proof thereof is demanded at trial. e. Denied. At is specifically denied 'that the older children - Evan and Erin - were interested in staying with Mother only while she was living in downtown Carlisle and her inattention afforded the children the opportunity the "hang out" downtown with less than desirable friends acquaintances. Specific proof thereof is demanded at trial. It is denied that now that Mother has moved, and the lure of downtown no longer exists, these children want to stay at home with Father. Specific proof thereof is demanded at trial. By way of further response, Mother believes and therefore avers, that Father attempts to lure the children to his home by purchasing gifts for them, including computers, various games, and other large items. He also plans activities on many weekends and invites the children to participate in them, interrupting Mother's scheduled periods of custody. Father then does not provide appropriate supervision when he invites them to participate in these activities, which include going to the races or parties, or playing video games. f. Denied. It is specifically denied that Father is deeply invested in the children and their pursuits. Specific proof thereof is demanded at trial. It is denied that in contrast, Mother's energy and interest is divided. Specific proof thereof is demanded at trial. It is denied that as a result, when the children are with Mother, they are often left to their own devices. Specific proof thereof is demanded at trial. It is denied that the difference in attention is not lost on the children. Specific proof thereof is demanded at trial. By way of further response, when Mother exercises custody of the children, she makes an effort to spend time with them, participating in family activities, taking them to church, and trying to assist with their schoolwork; she does not have access to several computers or a large supply of video games at her home. g. Denied. It is denied that the environment Father offers is better for the children's spiritual and moral -well-being. Specific proof thereof is demanded at trial. It is denied that Mother abandoned the marital home and her family to pursue an adulterous relationship. Specific proof thereof is demanded at trial. It is admitted that Mother resides with Bruce Grimm, with whom she is involved in a long-term relationship. The remaining allegation is a statement to which Mother does not have the sufficient knowledge to admit or deny; however, to the extent a response is required, Mother would deny this allegation in that the children have never expressed this statement to Mother. SAIDIS, FLOWER & LINDSAY ATIORiVMAT- 26 West High Street Carlisle, PA WHEREFORE, Plaintiff/Respondent requests your Honorable Court to deny Defendant/Petitioner's request for primary physical custody of the children. COUNTER-CLAIM PETITION FOR MODIFICATION OF CUSTODY 6. Paragraphs 1-5 are incorporated herein by reference as if repeated in full. 7. Since the entry of the aforesaid Order, the parties' circumstances have changed so that Mother believes, and therefore avers, that it is in the best interest of the children for them to be in her physical custody during the week and with their SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Father during the weekend, provided he will exercise supervision of them. 8. When the parties separated, Mother thought it might benefit the children to remain in their childhood home; however, she can see through events that this is not a benefit to them if they do have appropriate supervision by a responsible adult in that home, as well. 9. Since the parties' separation, Mother has acquired a comfortable residence in a safe, stable environment, and has always been better capable of providing supervision for the children. 10. The child, Evan, has missed approximately 7 days of school for the 2007-2008 school year so far, up to and including October 1, 2007. A copy of his year to date absences from the Carlisle High School is attached hereto and incorporated herein by reference as Exhibit "A." 11. On October 1, 2007, Mother discovered that Evan was not in school, but at his Father's home. Evan explained that he was awake all night before and missed the bus in the morning so he did not go to school. 12. Evan's other listed absences, not including October 1, 2007, have occurred at least 4 times with his Father, possibly 5. 13. Mother has contacted the truant officer to intervene, but that person was not able to go to Father's house on that occasion. 14. Mother is not able to retrieve the children to drive them to school each time they skip school or are late so frequently, because it interferes with her work schedule, and she then will be in danger of losing her job or receiving other demerits for missing work. 15. The child, Jacob, has missed school at least three times to date that Mother is aware of, up to and including October 1, 2007. 16. On September 7, 2007, Mother discovered Jacob at Father's house with a 15 year old unrelated child who had been suspended the day before, playing video games, after a planned day of skipping school. 17. When Mother told Father about this incident, and advised him that she believed the child should be given a consequence for this behavior, Father reacted by rewarding the child and taking him out that evening to a school football game, FLOWER & LNDS" 26 West High Street Carlisle, PA undermining Mother's authority with the child in the process. 18. On September 14, 2007, Jacob and Erin were excused from school for a planned field trip to the races with their Father.. Erin did not reveal the trip to Mother, but instead, at Father's request, asked Mother for a doctor's note to be excused at noon for an appointment, them chose not'to go on the trip. Father and Jacob did not leave on the trip until 4:00 pm on September 14, 2007, but Jacob missed the entire day of school. A copy of the school's note excusing him for a prearranged trip is attached hereto as Exhibit T." 19. On October 1, 2007, when Mother went to the school to drop off some things for Jacob, she discovered that he was not at school that day. 20. Mother discovered that Jacob was at Father's house, with Evan, skipping school, for no apparent reason other than he had no supervision in the morning and chose not to go. 21. Father is not capable of providing supervision for the children during the school week. 22. Father works an overnight shift that requires him to be out of the house during the early morning hours; he is not available for the children to assist them in the morning when they are getting ready for school and can not ensure that they go to school on a regular basis. 23. Father is not involved in the children's day to day activities or their school activities; he does not have put their education first. 24. On several afternoons when Father is meant to be supervising the children after school until Mother picks them up to begin her periods of custody, the children contact Mother to ask questions about where they can go or what they can do, whether she can bring them things, etc., because they can not locate Father. 25. One recent incident occurred on Friday, September 28, 2007, when Jacob contacted his Mother at approximately 5:00 p.m. to inform her that Father was not at home, he was home alone, and asked whether he could go to a friend's house for a while until she arrived to pick him up for her weekend period of custody. 26. Mother does not believe that their 10 year old child is mature enough to be left alone for such a long period of time. 27. During the marriage, Mother was the primary caregiver for the children, ensuring that their day to day needs were met, including but not limited to their health, education, safety, hygiene, emotional and moral welfare. 28. Mother has a stable work schedule, working approximately 8:30 am to 6:00 pm, Monday through Friday, and can be available for the children every day during the school week to ensure that they get to school on time, return from school to her home, assist them with their home work and complete projects on time. SAUDIS, "NVER & LINDSAY ,?uw 26 West High Street Carlisle, PA 29. Mother's residence can accommodate the children comfortably; they each have adequate sleeping accommodations. 30. The older children can be bussed to and from Mother's residence on a daily basis. The younger child can participate in an after school program at his elementary school until Mother picks him up after work. 31. Participation in the after school program will ensure the youngest child's safety and well-being, and also will ensure that he will not be in the company of others who may influence him negatively; he can participate in exercises and activity or work on homework; he will receive proper adult supervision while there. 32. Mother believes that the best interests and permanent welfare of the children will be served by granting the relief requested. 33. Father does not agree with the relief requested. 34. The Honorable Judge Ebert has previously ruled on this matter. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order granting her shared legal custody, primary physical custody of the children during the week and Defendant partial physical custody of the children on three out of four weekends, from Saturday morning to Sunday evening. Respectfully submitted, Ma'rylbd atas, Esquire Attorn or Plaintiff SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 FLOWER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I understand that false statements herein are made subject to the penalties of 18 C.S. § 4904, relating to unsworn falsification to authorities. /&&' x I I a4l Lori L. Clegg SAIDIS, FLOWER & LEVDSM 26 West High Street Carlisle, PA es Soho Q. o, N N ?V moo: CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent NORTH DICKINSON ELEMENTARY SCHOOL To the Parent/Guardian(s) of Jacob Clegg Thank you for notifying the school of your trip for September 14, 2007. Each child is given five (5) days per school year of excused absences for family trips, as long as the school is notified in writing in advance of the trip. I day(s) will be counted as excused absence(s) for a trip. 0 day(s) will be counted as an unexcused absence(s) because the five (5) days have already been used. You have used I prearranged absence day(s), with 4 day(s) remaining. We do ask that the parents be responsible to see that their child understands and completes all of the assignments that are sent home with the child for the trip. It will not be the teacher's responsibility for getting your child caught up on assignments as a result of family trips. I do hope you have a pleasant trip. Sincerely, Jeffery . Bell Principal l?andc? ?? ?IOf r races ?r Dates of Attendance School: Carlisle High School Term: 07-08 Year Start Page > Student Selection > Dates of Attendance Dates of Attendance Clegg, Evan Andrew 9 110210 CHS Dates of all absences YTD: 1. Tuesday, September 4, 2007 - A 2. Thursday, September 13, 2007 - C 3. Friday, September 21, 2007 - F 4. Monday, September 24, 2007 - A 5. Thursday, September 27, 2007 - A 6. Friday, September 28, 2007 - A 20066 Pearson Sc:hoel Systems. All rights reserve,., Page 1 of 1 Wertz, K httn-11powerschool.carlisleschools.or2ladmin/students/attendancedates.html?codes=*abs& ... 9/28/2007 LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2006-6212 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE SAMIS, FLOWER & LINDSAY ?,UUw 26 West High Street Carlisle, PA This is to certify that in this case, complete copies of all papers contained in the attached Answer and Counterclaim have been served upon the following persons by the following means and on the dates stated: Name & Address Means of Service Date of Service Dan Regan, Esquire 1300 Market Street Lemoyne, PA 17043 Dated: I C l US-Mail, first class 10/5/07 Ma atas, Esquire Attorney-TD: 84919 26 West High Street Carlisle, PA 17013 Counsel for Plaintiff t OCT 8 gZDD1? LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 3t day of CA 0 ? t( , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated December 18, 2006 and March 27, 2007 shall remain in full force and effect with the following addition. 2. The parties shall cooperate with a custody evaluation conducted by Casey Shienvold. Costs shall be prorated such that each parry shall bear their respective costs. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Custody Conciliation Conference once the custody evaluation is complete. BY THE COURT, M.L. Ebert, Jr., J. cc: Dan Regan, Esquire, Counsel for Father Marylou Matas, Esquire, Counsel for Mother (245P1 ''ES M d.t I.CC L 11/07 t:&7? r t1=`no BE :8 V I - ACN LQIIZ LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Evan A. Clegg August 29, 1992 shared Erin E. Clegg January 9, 1994 shared Jacob M. Clegg December 9, 1996 shared 2. A Conciliation Conference was held in this matter on October 25, 2007, with the following in attendance: The Father, Wren A. Clegg and his counsel, Dan Regan, Esquire and Mother, Lori L. Clegg, with her counsel, Marylou Matas, Esquire. 3. The Honorable M. L. Ebert, Jr. entered prior Orders of Court dated December 18, 2006 and March 27, 2007 providing for shared legal and shared physical custody. 4. The parties agreed to an Order in the form as attached. ?a'as o7 . V Date acq eline M. Verney, Esquire Custody Conciliator LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6212 CIVIL TERM IN CUSTODY PRAECIPE TO WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of the Plaintiff, Lori L. Clegg, in the above- captioned matter. IN Submitted, Dated: f v?Ct7?? Harold S. Irwin, III, Es 'quire Counsel for Plaintiff 64 South Pitt Street Carlisle, PA 17013 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Lori L. Clegg, in the above- captioned matter. RespectfWly Subrnittgrl, SAIDIS, FLOWER & LINDSAY A uw 26 West High Street Carlisle, PA Dated: / D/ I/ / Mdyl Matas, Esquire Attorne Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 - facsimile Counsel for Plaintiff a c T 1 1 2007 CD _ FI, LORI L. CLEGG, Plaintiff V. WREN A. CLEGG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6212 CIVIL TERM IN CUSTODY THE HONORABLE M. L. EBERT, JR. PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Lori L. Clegg, by and through her counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Petitioner is the above named Plaintiff, Lori L. Clegg, an adult individual currently residing at 21 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 2. Respondent is the above named Defendant, Wren A. Clegg, an adult individual currently residing at 870 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the natural parents of one (3) children, namely, Evan A. Clegg, born August 29, 1992; Erin E. Clegg, born January 9, 1994; and Jacob M. Clegg, born December 9, 1996. 4. The parties are subject to Orders of Court dated December 18, 2006, and SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA October 31, 2007, both of which are attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, respectively. 5. Pursuant to paragraph 2 of the Order of December 18, 2006, Petitioner is entitled to exercise periods of partial physical custody of the children as follows: 2B "Mother shall have physical custody of the children overnight from Thursday 6:30 p.m. to Monday morning when the children go to school, except on alternating Saturdays overnight when Father shall have the children for a twenty-four (24) hour period from the earliest at 12:00 noon to the latest at 4:00 p.m., Saturday to Sunday. Father's alternating Saturday shall begin December 23, 2006." 6. Pursuant to paragraph 3 of the December 18, 2006 Order, the parties are to divide the Christmas holiday as follows: "Father shall have physical custody of the children for Christmas from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the children from Christmas Day at 4:00 p.m. to December 27 at 4:00 P.M." 7. Respondent failed to appear with the children on Christmas Day, December 25, 2008, at the scheduled time of 4:00 p.m., instead appearing at Petitioner's residence with the children at 6:00 p.m. 8. Respondent retrieved the children from Petitioner's residence on Thursday, December 27, 2008 and failed and refused to return the children to Petitioner until Saturday, December 29, 2007. 9. Petitioner was not able to enjoy her regularly scheduled period of custody from Thursday, December 27, 2007 through Saturday, December 29, 2007. 10. Respondent has willfully failed to abide by the terms of the custody Order by refusing Petitioner the opportunity to exercise her scheduled periods of custody without interruption. 11. On Thursday, January 24, 2008, Petitioner's scheduled day of custody, Respondent picked up the child, Jacob, from his after school program and took him out with him, failing to make the child available to Petitioner at the scheduled pick up time. 12. When Petitioner arrived at Respondent's home to pick up the minor children, SA DIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA she learned from her daughter that Jacob and Respondent were at the Sports Emporium, an arcade center. 13. Respondent did not return Jacob to Petitioner on the evening of Thursday, January 24, 2008, instead keeping Jacob to his physical custody. 14. On Friday, January 25, 2008, when Petitioner arrived at Respondent's home to pick up the minor children for the remainder of weekend period of custody, she learned that Jacob had been taken to a friend's home by Respondent. 15. Upon questioning to discover when he would be returned to her custody, Respondent informed Petitioner that he would either pick up the child that evening or not, because he had given the child permission to stay overnight at the friend's home. 16. Petitioner did not have contact information for this friend, who is a 16 year old child, and was not able to retrieve Jacob herself. 17. Respondent has willfully failed to abide by the terms of the custody Order by refusing Petitioner the opportunity to exercise her scheduled periods of custody without interruption. 18. Pursuant to paragraph 1 of both Orders, the parties exercise shared legal custody of the children. 19. The parties' son, Evan, was suspended from school on or about January 3, 2008, while in Respondent's custody. 20. Respondent failed and refused to communicate with Petitioner the fact of their SAIDIS, FLOWER & LINDSAY XTUMNSMW 26 West High Street Carlisle, PA son's suspension or notices that he has received from the school regarding their son. Respondent has willfully failed to abide by the terms of the custody Order by refusing to share legal custody with Petitioner in that he has failed and refused to provide school information to Petitioner and other necessary reports regarding their children that he has in his possession so that Petitioner may be informed and involved in their children's education. 21. Respondent is represented by Dan Regan, Esquire in these proceedings. Notice of the filing of this Petition will be provided to counsel, who does not concur with the relief requested. WHEREFORE, Petitioner requests this Honorable Court to enter an Order providing for the following: a. For Petitioner to be awarded one week of uninterrupted custodial time with the children; b. For Respondent to be held in contempt of the Order. C. For Respondent to be responsible for Petitioner's attorney's fees incurred in connection with this matter; and d. Other sanctions as the Court deems appropriate. Respectfully Submitted, SAIDIS, FLOWER & LINDSAY I t Marylou tas, Esq ' e 26 West. - ' h Street Carlisle, PA 17013 (717) 243-6222 (717) 243-6486 Dated: 7-14 ICE) Counsel for Petitioner SAIDIS, FLOWER & LINDSAY X1 - 26 West High Street Carlisle, PA 5 DEC 14 2006 LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this I Jeh day of 0t, LLw?? C/ , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lori L. Clegg and the Father, Wren A. Clegg, shall have shared legal custody of Evan A. Clegg, born August 29, 1992, Erin E. Clegg, born January 4, 1994 and Jacob M. Clegg, born December 9, 1996. 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. Pursuant to the terms of 23 Pa.C,S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 2. The parents shall have shared physical custody on the following schedule: A. Father shall have physical custody of the children every Monday, Tuesday and Wednesday overnight. B. Mother shall have physical custody of the children overnight from Thursday 6:30 p.m. to Monday morning when the children go to school, except on alternating Saturdays overnight when Father shall have the children for a twenty-four (24) hour period from the earliest at 12:00 noon to the latest at 4:00 p.m., Saturday to Sunday. Father's alternating Saturday shall begin December 23, 2006. C. Father shall have physical custody of the children every day after school from 3:00 p.m. to 6:30 p.m. The children shall be instructed to ride the bus home to Father's residence after school 3. Father shall have physical custody of the children for Christmas from Christmas Eve at 4:00 p.m. to Christmas Day at 4:00 p.m. Mother shall have physical custody of the children from Christmas Day at 4:00 p.m. to December 27 at 4:00 p.m. 4. Transportation shall be shared as agreed by the parties. 5. The parties and the children shall participate and cooperate with family therapeutic counseling with Franco & Associates. The parties shall follow any recommendations of the counselor/counselors. 6. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Custody Conciliation Conference is scheduled for February 15, 2007 at 8:30 am. BY THE COURT, J. cc: Harold S. Irwin, III, Esquire, Counsel for Mother Dan Regan, Esquire, Counsel for Father , 11 l f 'GG c?-f" JIK OCT s ,6207? LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY ORDER OF COURT $1 AND NOW, this 3t day of O c ? t W , 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Orders of Court dated December 18, 2006 and March 27, 2007 shall remain in full force and effect with the following addition. 2. The parties shall cooperate with a custody evaluation conducted by Casey Shienvold. Costs shall be prorated such that each party shall bear their respective costs. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Custody Conciliation Conference once the custody evaluation is complete. BY THE COURT, I*k -A,", ?-4 M.L. Ebert, Jr., J. cc: Dan Regan, Esquire, Counsel for Father Marylou Matas, Esquire, Counsel for Mother 12951 1Va m24Lei- fl/o7 twv? VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: A U ? _ 442., yy-a-a -T I - Lori L. Clegg, Petitio er SAIDIS, DOWER &t LINDSAY 26 West High Street Carlisle, PA LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 2006-6212 CIVIL TERM IN CUSTODY WREN A. CLEGG, Defendant THE HONORABLE M. L. EBERT, JR. CERTIFICATE OF SERVICE This is to certify that in this case, complete copies of all papers contained in the attached Petition for Contempt have been served upon the following persons by the following means and on the dates stated: Name & Address Dan Regan, Esquire 1300 Market Street Lemoyne, PA 17043 Means of Service US Mail, first class Date of Service L(4 (c8 Dated: 111 6 a SAMIS, RFLONVIER& LINDSAY WFAW-M 26 West High Street Carlisle, PA ?&?4L-N 444 Mar Qyr tas, Es ire Attorne ID 84919 26 West High Street Carlisle, PA 17013 Counsel for Plaintiff H Q 0 t ? f t.T. d -4ti r•a C= rra t t.?t co Ol CSI .-?-t LORI L. CLEGG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-6212 CIVIL ACTION LAW WREN A. CLEGG IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 08, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at __4th Floor, Cumberland County Courthouse, Carlisle on Monday, March 03, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es . 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 --ryry SS .C Wd 8- 933RON Z ii jo 3101:.14Cr-a'114 Prepared By: DAN REGAN, ESQ. 15986 COVE LANE DUMFRIES, VA 22025 (717) 495-3646 DANR EGAN ES(4@GMAIL. COM Lori L. Clegg, Plaintiff, v. Wren A. Clegg, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-6212 CIVIL IN DIVORCE and CHILD CUSTODY Previously assigned to Hon. M. L. Ebert, Jr. PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Dan Regan, Esq., in the above-captioned proceeding as Tabetha A. Tanner, Esq., is entering her appearance on behalf of Defendant. Dated: February 14, 2008 Z bmitted, Dan Regan, ID# 72461 15986 Cove Lane Dumfries, VA 22025 Tel. (717) 495-3646 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Tabetha A. Tanner, Esq., as counsel for Defendant, Wren A. Clegg, in the above captioned proceeding. Dated: 02 as16T Respectfully submitted, A, _/4' vn Tabetha A. Tanner, Esq. ID# q/q 7,7 1300 Market Street, Suite 10 Lemoyne, PA 17043 Tel. (717) 731-8114 r-y C co MAR 0 5 2008 LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant IN CUSTODY ORDER OF COURT AND NOW, this b day of 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. Mother's Petition for Contempt is dismissed with prejudice. 2. Father waives any right he may have had to file for contempt for any actions by Mother prior to the date of the Conciliation Conference, March 3, 2008. 3. The prior Orders of Court dated December 18, 2006 and October 31, 2007 shall remain in full force and effect with the following modifications. 4. Mother shall have primary physical custody of Evan, with Father having periods of partial physical custody as agreed by the parties. 5. Father shall have primary physical custody of Erin, with Mother having periods of partial physical custody as agreed by the parties. 6. The parties shall continue to share physical custody of Jacob as set forth in the Order of Court dated December 18, 2006 except Father's alternating Saturday to Sunday shall be from 1:00 p.m. to 1:00 p.m. Father shall continue to have physical custody of Jacob after school from 3:00 p.m. to 6:30 p.m. 7. The parties shall share transportation such that the receiving party shall transport, except that Father shall be responsible for all transportation on his alternating Saturday to Sunday. 8. Mother shall cooperate and encourage Evan to attend counseling with Paul Hardick. 9. The parties shall cooperate and sign necessary releases and authorizations so that the children's counselors may share information with both parents. 10. The parties shall cooperate in obtaining a second Drug & Alcohol Evaluation for Erin. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may request another Custody Conciliation Conference once the custody evaluation is complete. BY THE COURT, M.L. Ebert, Jr., J. c Marylou Matas, Esquire, Counsel for Mother ?T'abetha A. Tanner, Esquire, Counsel for Father .x/10 loo "'-?q gNVAlkSNN3d ?dNn 6 u : 11 WV 9- NVW BQOZ ANiONO'r-UC',U ! H1 3Q LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY PRIOR JUDGE: M.L. Ebert, Jr., J. 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 subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Evan A. Clegg August 29, 1992 Mother Erin E. Clegg January 9, 1994 Father Jacob M. Clegg December 9, 1996 shared 2. A Conciliation Conference was held in this matter on March 3, 2008, with the following in attendance: The Mother, Lori L. Clegg, with her counsel, Marylou Matas, Esquire and the Father, Wren A. Clegg and his counsel, Tabetha A. Tanner, Esquire. 3. The Honorable M. L. Ebert, Jr. entered prior Orders of Court dated December 18, 2006 and October 31, 2007 providing for shared legal and shared physical custody. 4. 5. .5--3-08, Date Mother filed a Petition for Contempt. The parties agreed to an Order in the form as attached. acq ne M. Verney, Esquire Custody Conciliator a C-> r'a cz a :. rn TANNER LA OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 31-8114 Facsimile: (717) 31-8115 LORI L. C V. WREN CLEGG, age of § IN THE COURT OF COMMON PLEAS OF 9 § CUMBERLAND COUNTY, PENNSYLVANIA (tiff § § CIVIL ACTION - LAW § NO. 2006-6212 ?ndant § IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Wren Defendant, moves the Court to appoint a master with respect to the following claims: Divorce (?) Distribution of Property Annulment () Support Alimony () Counsel Fees Alimony Pendente Lite () Costs and Expenses and in support of the motion states: 1. Discovery i complete as to the claims for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Marylou Matas, Esquire. 3. The statuto ground for divorce is 3301(c) or 3301(a)(2) or 3301(a)(6) ¦ a 4. (a) (b) 5. The 6. The action is not contested. action is contested with respect to the valuation and equitable distribution of marital erty. j: does not involve complex issues of law or fact. g is expected to take one day. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Defendant Supreme Court I.D. No.: 91979 TANNER LAW OFFICES, LLC a; 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 NON-MOVING PARTY Name: Lori L. Clegg, Plaintiff re Attorney's Name: Marylou Matas, Esquire uite 10 Attorney's Address: 26 West High St. Carlisle, PA 17013 Attorney's Phone #: (717) 243-6486 Attorney's E-Mail: mmatas@sfl-law.com TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 LORI L. CLEGG, § Plaintiff § V. § WREN CLEGG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW X& NO. -2867-6212 IN DIVORCE DEFENDANT'S COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Wren Clegg, by and through his attorney, Tanner Law Offices, LLC, and raises additional counts to the above referenced Divorce Complaint as follows: COUNTI REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a) U2 OF THE DIVORCE CODE 1. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 2. Defendant has committed adultery. 3. Plaintiff is the innocent and injured spouse. 4. This action is not collusive as defined by section 3309 of the Divorce Code. COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a1(6 OF THE DIVORCE CODE 5. Paragraphs 1 through 13 are incorporated herein by reference as though set forth in full. 6. Defendant has offered such indignities to Plaintiff so as to render Plaintiff's condition intolerable and life burdensome. 7. Plaintiff is the innocent and injured spouse. 8. This action is not collusive as defined by section 3309 of the Divorce Code. WHEREFORE, the Court is respectfully requested to enter a decree in divorce pursuant to the Divorce Code. Respectfully submitted, By: Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Defendant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION C-wA, fJ6t,m -6 Compfdmk m T>vKfee I verify that the statements made in this '-QiS.,a--r-Qw--- nmplaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. 4 -2,2--001 Date Wren Clegg, Defendant . , • TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 LORI L. CLEGG, § Plaintiff § V. § WREN CLEGG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6212 IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Defendant's Counterclaim to Plaintiff's Complaint in Divorce filed in the above-captioned matter upon the following person(s) by first class U.S. mail, addressed as follows: Ms. Marylou Matas Saidis, Flower & Lindsay 26 West High Street Street Carlisle, PA 17013 Respectfully submitted, Date: a? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 u, cati'' 27 P11 1: 14 w LORI L. CLEGG, Plaintiff V. WREN CLEGG, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § GtJ - § NO.-2004-6212 § IN DIVORCE INCOME STATEMENT OF WREN CLEGG I, Wren Clegg, verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to falsification to authorities. Date: ?--- "'Wren Clegg, Defendant INCOME STATEMENT OF WREN CLEGG, DEFENDANT Employer: YRC Inc. Address: 10990 Rose Avenue, Overland Park, KS 66211 Type of Work: Truck Driver Pay Period (weekly, biweekly, etc.): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding FICA Local Wage Tax State Income Tax Mandatory Retirement Health Insurance Life Insurance PA Child Support Union Dues Net Pay per Pay Period: Weekly Varies Greatly Varies $54.00 per month $750.00 on average per week 1. OTHER INCOME: Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Compensation Workers Compensation Employer Fringe Benefits Other: Spousal Support TOTAL TOTAL INCOME WEEK MONTH (Fill in appropriate column) $750 YEAR Af , PROPERTY OWNED Description Checking accounts Savings accounts Stocks/bonds Real estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other (Vision) House Company Value Ownership H W J x Policy No. Coverage H W J Ctrl PA Teamsters CPT4040WCLE Health & Welfare Fund Ctrl PA Teamsters CPT4040WCLE Health & Welfare Fund Ctrl PA Teamsters Health & Welfare Fund Ctrl PA Teamsters Health & Welfare Fund _X_ _x_ - -X- A . '. FILED- ; THE } •?-.`; ?:. 9• i ilj(i9 t.e M e/ % I LORI L. CLEGG, Plaintiff V. WREN CLEGG, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § NO. MO;-6212 § IN DIVORCE EXPENSE STATEMENT OF WREN CLEGG I, Wren Clegg verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to falsification to authorities. Date: S-- Z Z - Q `l C?? 'Wren Clegg, Defen EXPENSE STATEMENT OF WREN CLEGG, DEFENDANT Monthly Monthly Monthly EXPENSES Total Children Parent HOME Mortgage or Rent $1,392 Maintenance (HELOC) UTILITIES Electric $150 Gas Oil $50 Mobile Telephones $200 Water Sewer Cable TV/Telephone/Internet $180 Internet Trash/Recycling $28 EMPLOYMENT Lunch $260 TAXES Real Estate $278 Personal Property INSURANCE Homeowners/Renters Automobile Life Accident/Disability Health Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Doctor Dentist Hospital Medicine Counseling/Therapy Orthodontist Special Needs (glasses, etc.) Monthly Total $30 $54 $55 $25 $25 $8 $10 Monthly Monthly Children Parent 1 Monthly Monthly Monthly Total Children Parent EDUCATION Tuition Room/Board Other (Lunches) $40 PERSONAL Credit Card $75 Clothing $35 Food/Toiletries $700 Haircare Memberships MISCELLANEOUS Child Care $20 Household Summer Camp Papers/Books/Magazines Entertainment $100 Pet Expenses Vacation $167 Gifts $42 Legal Fees/Prof. Fees $250 Children's Parties Children's Allowances Other Child Support/PA Child Alimony Payments OTHER ADL Laundromat Accountant Personal Loan Additional Loan Road Expenses TOTAL MONTHLY EXPENSES Monthly Monthly Monthly Total Children Parent $17 $580 $120 $50 $4.941 $95 $4846 2 IC S' 't (?. n/ 7 i., I i of L n, G LORI L. CLEGG, Plaintiff V. WREN CLEGG, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § CIVIL ACTION - LAW § 60- § NO. 4W-6212 § IN DIVORCE INVENTORY OF WREN CLEGG, DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: S` - 2 - P /--- qn I Wren Clegg, Defendant Page 1 of 5 ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property () 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit Q 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances (X) 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home (X) 15. Business (list all owners, including percentage of ownership and officer/director positions held by a party with company) Page 2 of 5 () 16. Employment termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) (X) 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other - credit card debts/cash advances MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of All Owners 1. Teamsters Pension Defendant 2. IRA Plaintiff 3. Home Depot Plaintiff Retirement Plan Page 3 of 5 4. CRM Products, Inc. Defendant 100% owner (Patent obtained) NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Item Number Description of Property Names of All Owners 1. 870 Alexander Spring Road Defendant Carlisle, PA 17015 (Post separation Plaintiff signed quit claim deed; Defendant refinanced solely in his name.) 2. Grandfather's dry sink Plaintiff 3. Rocking chair and cradle Plaintiff 4. $125/moth military benefits Plaintiff PROPERTY TRANSFERRED Item Number Description Date of Consideration Person to Whom of Pr pM Transfer Transferred Page 4 of 5 LIABILITIES Item Number Description of Prone Names of Names of All Creditors All Debtors 1. 2. 3. 4. Mortgage Personal loan Credit Card Loan New Century Defendant Mortgage Corp. Defendant Defendant Defendant Page 5 of 5 RLED fra THI rGf° tiAY 27 P i 4: i}0 MAY 2010098 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 In Re: The marriage of § LORI L. CLEGG, § Plaintiff § V. § WREN CLEGG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-6212 IN DIVORCE It ORDER APPOINTING MASTER -(JjAl AND NOW, A, , 2009, e. )(?kA?d &? -/7", Esquire is appointed aster with respect to the following claims: Divorce Distribution of Property BY TH T: „ at C Lei iM' JD 4 y t? J TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 LORI L. CLEGG, § Plaintiff § V. § WREN CLEGG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Olc-0112 NO. - IN DIVORCE DEFENDANT'S AMENDED COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Wren Clegg, by and through his attorney, Tanner Law Offices, LLC, and raises additional counts to the above referenced Divorce Complaint as follows: COUNTI REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a OF THE DIVORCE CODE Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 2. Plaintiff has committed adultery. 3. Defendant is the innocent and injured spouse. 4. This action is not collusive as defined by section 3309 of the Divorce Code. COUNT II REQUEST FOR A FAULT DIVORCE UNDER SECTION 33010(6) OF THE DIVORCE CODE 5. Paragraphs 1 through 4 are incorporated herein by reference as though set forth in full. 6. Plaintiff has offered such indignities to Defendant so as to render Defendant's condition intolerable and life burdensome. 7. Defendant is the innocent and injured spouse. 8. This action is not collusive as defined by section 3309 of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(A) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 11. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Amended Complaint. 12. Defendant requests that this Court equitably divide, distribute or assign the marital property between the parties. COUNT IV COUNSEL FEES AND EXPENSES 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth in full. 14. Defendant has inadequate funds in which to pay his counsel to represent him in these proceedings, to pay accountants, appraisers and other such costs incurred and to be incurred herein. 15. Defendant believes and therefore avers that Plaintiff has adequate income and assets to pay Defendant's counsel fees, as well as costs of any accountants, appraisers or other costs. 16. Defendant requests this court enter an order granting him counsel fees, costs, and such other expenses as the Court deems appropriate WHEREFORE, the Court is respectfully requested to enter a decree in divorce pursuant to the Divorce Code. Respectfully submitted, By: hf ?? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Defendant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ?-/'/' I- -, A, -6 14j"I" Date ren Clegg, Defendant TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 LORI L. CLEGG, § Plaintiff § V. § WREN CLEGG, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6212 IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Defendant's Amended Counterclaim to Plaintiff's Complaint in Divorce filed in the above-captioned matter upon the following person(s) by first class U.S. mail, addressed as follows: Ms. Marylou Matas Saidis, Flower & Lindsay 26 West High Street Street Carlisle, PA 17013 Respectfully submitted, / GLCJ?:VrIJu N` /Gr/x??_ Date: (a / 7 Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 PL LL''J ?.+?.J1. 1 J 1 d f t r1V.'. r $5a. co PO 14 T7%1 ex..* asoo px# a*"qj LORI L. CLEGG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6212 CIVIL ACTION - LAW WREN A. CLEGG, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of September, 2009, neither party having requested another conciliation conference and ninety days having passed since the last conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, cq line M. Verney, Esquire, C ody Conciliator iDn 2009 SEP 15 E9: 224 PEi LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WREN CLEGG, No. 2006-6212 > C..,a r Defendant IN DIVORCE ,- ;=r- r- PRAECIPE TO ENTER APPEARANCE c - TO THE PROTHON OTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Joshua B. Bodene, Esquire of MENGES & McLAUGHLIN PC as counsel for the Plaintiff, Lori L. Clegg, in the above referenced action in Divorce. Respectfully submitted, MENGES & McLAUGHLIN, PC Date: August 8, 2012 By: Jo h a B. Bodene, Esquire A o ey I.D. 201513 18 st King Street, 2°d Floor Lancaster PA 17602 Telephone: (717) 560-5068 Attorney for Lori L. Clegg, Plaintiff V11~L~~v ~ _~,L .::_--- ,..,1 LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF ~? ° ~ ~~`. Plaintiff r CUMBERLAND COUNTY, PENNSYLVANIA.~.~ `'' ' =~'~': ~ G~ ~ ~ ~g~, ; `~ v -" ~~ CIVIL ACTION -LAW ~ ~ . <~' cs' ~ ~.~., • ~ ~ ~ ~~ WREN A. CLEGG, ° No. 2006-6212 . Defendant IN DIVORCE ~ G v _; ``~ ~' PETITION FOR PRESERVATION OF RETIREMENT/PENSION ACCOUNTS -~_ ` 3 The Petitioner is Lori L. Clegg, Plaintiff in the above-captioned matter, who is an ad individual currently residing at 318 Burnside Street, Bellefonte, Pennsylvania 16823. 2. The Respondent is Wren A. Clegg, Defendant in the above-captioned matter, who is adult individual currently residing at 870 Alexander Spring Road, Carlisle, Pennsylvania 17013. 3. The Plaintiff and Defendant were married on August 13, 1992, in York, Pennsylvania. ~l. Defendant/Respondent/Husband has significant retirement/pension accounts ~s~ith Pem~sylvania Teamsters, which are marital property, but that Petitioner/Plaintiff/Wife is Respondent/Husband may cash in, alienate, waste, use or otherwise put beyond the control of her an the divorce court in the imminent future because of his being unemployed; therefore, Petitioner/Wi needs said account(s) preserved by this court. 5. Petitioner/Wife's counsel did send a letter to the Pension Benefits Manager requestin that a freeze be placed on all of Respondent/Husband's accounts. Please see attached hereto and mar Exhibit "A" a letter addressed to the Michelle Houck, Pension Benefits Manager which was faxed mailed on August 8, 2012. Said exhibit is incorporated herein by reference. 6. To the best of the knowledge of the undersigned counsel, there has not been any rul upon any other issue in the same or related matter. No. 2006-6212 WHEREFORE, the Petitioner/ Wife requests that this Honorable Court enter an Order where Respondent/Husband is prohibited and barred from spending, encumbering, depreciating, transferri reclassifying and/or tampering in any way with the value, type or substance of any retirement and/ pension account(s) managed by the Central Pennsylvania Teamsters Pension Fund. Respectfully submitted, Dated: MENGES & McLAUGHLIN, PC Jo a B. Bodene, Esquire` Su Ct.ID #201513 18 ast King Street, 2°d Floor La caster PA 17602 (717)560-5068 (phone) (717) 735-7709 (fax) jbodene cz,yourlawfirmforlife.com Attorney for Petitioner/Plaintiff/Wife Lori L. Clegg „l MENGES MCLAUGHLIN ATTO1tNL1'$ A1' LA\,v AUGUST 8, 2012 N. CHRISTOPHER MENGES' SHAWN P. M.CLAUGHL[N JOSHUA B. BODENE MATTHEW D• MENGES "Acln2itred ro United S~~res Tnr Cow-t Writer's email: jbodene(c~vourlawfirmforlife.com VIA FACSIMILE AND FIRST CLASS MAIL Michelle Houck Pension Benefits Manager Central Pennsylvania Teamsters Pension Fund P.O. Box 15223 Reading PA 19612-5223 RE: Wren Clegg - SSN xxx-xx-4040 Dear Ms. Houck: Please be advised that this office represents Mrs. Lori L.Clegg, the above referenced me wife. Presently there is a divorce action pending in the Court of Common Pleas of Cumberland docketed at 2006-6212. The purpose of this letter is to advise you to immediately place a freeze on any and all retire benefits Mr. Clegg is entitled to until Equitable Property Distribution has been completed in this m~ This purpose of this freeze is not only to prevent transfers or withdrawals from said retirement, but any change to the beneficiary designation on all accounts. Additionally, please provide any and all forms necessary to effectuate the division of said retirement pursuant to a Qualified Domestic Relations Order. Kindly confirm, in writing, receipt of this letter and that the appropriate measures have been taken the freeze on all of Mr. Clegg's accounts. Thank you for your prompt attention in this matter. Sincerely, NGES &MCLAUGHLIN, PC Jo B. dene Es fire JBB/elm Q Cc: Lori L. Clegg ~, PLEASE REPLY TO: d 14S EAST MARKET STREET YORK, PA 17401 PH 717-843-8046 FAx 717-854-4362 TOLL FREE i-866-464-5297 Email Info@ YourLawFirmForLife.com ~~~8 EAST KING STREET 2ND FLOOR f LANCASTER, PA 17602 PH 717-560-5068 Fax 717-735-7709 TOLL FREE 1-866-464-5297 Email Info @ YourLawFirmForLife.com W W W.YOURLAWFIRMFORLIFE.COM place 0 ADDITIONAL OFFICES LO .ATED IN: EXHIB T T Email I VERIFICATION I, Joshua B. Bodene, Esquire, do hereby certify, subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, that I am counsel for Lori L. Clegg, and I am authorized to act on her behalf; that the facts set forth in the foregoing Petition for Preservation of Retirement/Pension Accounts were either provided to me by her and verified by her or gathered by me, and that to the best of my knowledge, information and belief, those facts that were gathered by me are true and correct. $ 2 ~~~~~~ Date: Jos a B. odene, Esquir Su r me Court I.D. No. 201513 LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~;. CIVIL ACTION -LAW WREN A. CLEGG, No. 2006-6212 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Joshua B. Bodene, Esquire, do hereby certify that a true and correct copy of t foregoing Petition for Preservation of Retirement/Pension Accounts was served on the named individual by placing same in the United States Mail, postage prepaid thereon, addresse as follows: Wren A. Clegg 870 Alexander Spring Road Carlisle PA 17013 Dated: MENGES & McLAUGHLIN, PC Joshu B. Bodene, Esquire Sup .ID #201513 18 East King Street, 2"d Floor Lancaster PA 17602 (717) 560-5068 (phone) (717) 735-7709 (fax) ibodenenvourlawfirmforlife.com Attorney for Petitioner/Plaintiff/Wife Lori L. Clegg LORI L. CLEGO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. WREN A. CLEGG, DEFENDANT NO. 06-6212 CIVIL ORDER OF COURT AND NOW, this 20th day of August, 2012, upon consideration of Lori Clegg's Petition for Preservation of Retirement/Pension Accounts, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule shall issue upon Wren A. Clegg to show cause why the relief requested should not be granted; 2. Defendant shall file an answer to the petition on or before August 31, 2012; 3. Hearing/argument on the matter shall be held on Thursday, September 27, 2012, at 9:00 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that pending further Order of Court Defendant/Husband, Wren A. Clegg, is prohibited and barred from spending, encumbering, depreciating, transferring, reclassifying and/or tampering in any way with the value, type or substance of any retirement pension account which he holds with the Central Pennsylvania Teamsters Pension Fund or any other investing service. By the Court, _~ c ~~~ f V ~{ ~~ ~ ~~ J M L Eb rt J ~~=; r., . . e , . <~ ;-, ~ - :, l~ r/ Joshua Bodene,•Esquire Attorney for Plaintiff ~ Wren Clegg Defendant bas ~P~`PS I~tGi. ~~P~ ~/°~®/a ~- LORI L. CLEGG, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § CIVIL ACTION - LAW 13: WREN CLEGG, § NO. 2006-6212 , '' Defendant § IN DIVORCE --. - MARITAL SETTLEMENT AGREEMENT This Agreement,made and entered into this 50' day of January 2013,between Wren Clegg, residing in Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband,", and collectively with "Wife" as "the parties") and Lori Clegg, residing in Bellefonte,Centre County,Pennsylvania,(hereinafter referred to as"Wife",and collectively with"Husband" as "the parties"). WITNESSETH: WHEREAS,the parties were married on August 17, 1992,and remain married; and WHEREAS,presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since October 31, 2006, and intend to continue living separate and apart; and WHEREAS, in light of the parties' separation, they hereby desire to enter into an agreement to define their respective financial and property rights, together with all other i rights, remedies,privileges and obligations which have arisen out of their marriage. The parties agree that their future relations shall be governed and fully prescribed by the terms of this Agreement(hereinafter referred to as "the Agreement"); and WHEREAS,the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS, Husband having been represented by the law firm of Tanner Law Offices,LLC with offices located in Camp Hill,Pennsylvania,and Wife currently appearing Pro Se; NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained, the parties hereto intending to be legally bound hereby do mutually agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE I Alimony. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present and future, for alimony, alimony pendente lite or for any provisions for support and maintenance,except as set forth herein. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony,alimony pendente lite,spousal support,counsel fees and costs, except as otherwise set forth in Paragraph 6. 2. Insurance. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed,uncovered health-related expenses. ARTICLE 11 EQUITABLE DISTRIBUTION 3. Real Estate: The parties acknowledge that during the marriage, they were vested with title, as tenants by the entirety, in a home located at 870 Alexander Spring Road, Carlisle, PA . After the parties' separated, Wife executed a quit-claim deed naming Husband the sole owner of the home. Husband has already re-financed the home into his name alone. The parties acknowledge and agree that Wife shall have no further interest in this property. 4 Bank and Financial Accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, and neither shall make any claim against the other's property now or in the future. S. CRM Products,Inc. - Wife hereby releases to Husband all of her right, title and interest to CRM Products, Inc., including but not limited to any stock interests. Husband shall take immediate steps to formally remove her as an officer of the corporation and file such amendments to the Articles of Incorporation with the Department of State. Further, Husband agrees to and does hereby indemnify and hold Wife harmless from any and all liabilities of CRM Products, Inc. 6. Retirement plans, 40I(k)s,IRAs and Deferred Savings Plans. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled retirement plans, including, without limitation, 401(k), IRAs and Deferred Savings Plans, of whatever kind and nature, and neither shall make any claim against the other's retirement plans, now or in the future, except as follows: (A) Wife shall receive 100% of the vested balance of Husband's Teamsters Retirement Income Plan 1987. Wife shall be responsible for preparing a QDRO to effectuate the transfer of Husband's Retirement Income Plan 1987 to Wife. Husband and Wife shall execute the QDRO and submit it to the Central Pennsylvania Teamsters Pension Fund within thirty (30) days of the date of this Agreement. (B) Wife shall be entitled to 50% of Husband's monthly Teamsters Defined Benefit Retirement Plan. Wife shall be responsible for preparing a QDRO to effectuate the transfer of 50% of Husband's Defined Benefit Plan to Wife. Husband and Wife shall execute the QDRO and submit it to the Central Pennsylvania Teamsters Pension Fund within thirty(30) days of the date of this Agreement. 7. Miscellaneous Economic Claims: Husband and Wife acknowledge that the Central Pennsylvania Teamsters Pension Fund will not allow for the withdrawal of funds from Husband's Retirement Income Plan until Husband attains the age of 57. Upon receipt of the vested balance of Husband's Retirement Income Plan 1987 proceeds, Wife shall, within 10 days of receipt,pay all required taxes and penalties. Wife shall retain the sum of$70,000, Wife shall pay to Husband the sum of$40,000, and Wife's father shall receive the remaining balance in payment of a loan to the parties from Wife's father. In the event Wife should die prior to the distribution of the pension fund proceeds as set forth above, Wife's estate shall be bound by the terms of this Agreement and shall distribute the funds to Husband and Wife's father, as delineated herein. In the event Wife's father should die prior to the distribution of the pension funds as set forth above, Wife's father's proceeds shall be paid to his estate. In the event Husband should die prior to the distribution of the pension funds as set forth above, Husband's proceeds shall be paid to his estate 8. Stocks and Bonds. The parties agree to mutually waive, release and relinquish any and all right, title and interest either may have to any stocks, stock plans and bonds presently in either party's name. The parties agree to retain possession and ownership of such property as same is presently titled and neither shall make any claim against the other's now or in the future. 9. Automobiles: The parties agree that each shall retain ownership of the automobile presently in their possession. 10. Personal Affects. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household fizrniture and fiunishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Each party hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 11. Assets Acquired Subsequent to the Execution of this Agreement. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of another shall forever hereafter remain their separate property and shall not be subject to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 12. Marital Debt, The Parties agree to be individually responsible for debts incurred in their individual names. The parties agree that there are no current debts in joint names. In the event either party may be called upon by a creditor of the other to satisfy a debt of the other, the indebted party shall promptly defend, indemnify and hold the other harmless from the creditor's actions. 13. Credit Accounts. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. Within fourteen (14) days of executing this Agreement, the parties shall close permanently all joint credit cards. ARTICLE IV DATE OF DIVORCE 14. Date of Divorce. The parties agree that the marriage is irretrievably broken and that ninety(90) days has expired since the date of service of the divorce complaint. Both parties shall cooperate in executing the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under § 3301(c) of the Divorce Code. Concurrent with the execution of this Agreement, both parties shall execute said documents. ARTICLE V E INDEPENDENT LEGAL REPRESENTATION 15. Independent Legal Representation. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Husband has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Wife is appearing in the action Pro Se. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement, and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE VI MISCELLANEOUS PROVISIONS 16. No Harassment and Interference. The parties agree that neither will harass, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other. 17. No Bar to Divorce. Nothing in this Agreement shall be construed as a relinquishment by either party of their right to prosecute or defend any suit to dissolve the instant marriage in any court of proper jurisdiction. It is further specifically understood and agreed that the provisions of this Agreement relating to equitable distribution of the parties' property are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree,judgement or order of separation or dissolution of marriage in any other state, county or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or dissolution of marriage and that nothing in any such E decree,judgment, order or further modification or revision thereof shall alter, Y amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that his Agreement shall remain in full force and effect. 18. Entire Understanding. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants i or understandings between the parties other than those expressly set forth herein. 19. Modification of this Agreement. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. 24. Breach. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 21. Applicable Law and Execution. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and shall bind the parties hereto and their respective heirs, executors and assigns. 22. Review of Agreement. The parties acknowledge that each has read and reviewed this Agreement in its entirety and has had the opportunity to obtain advice of r separate legal counsel,prior to signing. IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective names. i Lori Clegg, Plainti ife Wren Clegg, Defendant Husb d Date: /cT/=5`�)� Date: P T Signature of Witness Signature of Witness ue. erg Printed Name of Witness Printed Name of Witness Tanner Law Offices,LLC 2013 MAP, 3507 Market Street, Suite 303 ` ! 1/: 9 Camp Hill, PA 17011 'UMBERLAliD CQU T ' Telephone: (717) 731-8114 PENNSYLY,- �fA Facsimile: (717)731-8115 ttanncr@tanner-1 aw.com In Re: The marriage of § IN THE COURT OF COMMON FLEAS OF LORI L. CLEGG, § CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff § V. § CIVIL ACTION-LAW WREN CLEGG, § NO. 2006-6212 Defendant § IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§3301 (g)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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ( � Lori Clegg,Pla ntiff 3507 Markew Offices, Street, a 03 Camp Hill, PA 17011 A I/: � Telephone: (717) 731-8114 CUHSQ 8 Facsimile: (717) 731-8115 , ttanner@tanner-law.com A �q In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF LORI L. CLEGG, § CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff § § V. § CIVIL ACTION - LAW WREN CLEGG, § NO. 2006-6212 Defendant § IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 25, 2006. 2. The marriage of the 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 Divorce. 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 unworn falsification to authorities. Date:g !��� Lori Clegg, Plan f Tanner Law Offices, LLC 2013 MAR 15 PFD 12: 00 3507 Market Street, Suite 303 Camp Hill, PA 17011 CU?1 ERLAND C0UNT` Phone(717) 731-8114lFax (717) 731-8115 PPNR'YLVAINIA n gQta1mer-law com In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF LORI L. CLEGG, § CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff § V. § CIVIL ACTION- LAW WREN CLEGG, § NO. 2006-6212 Defendant § IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: United States Postal Service, first class mail, postage prepaid, certified, restricted delivery. Return receipt dated October 26, 2006 filed with the Court on October 27, 2006. 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c)of the Divorce Code: by Plaintiff on March 5,2013; by Defendant on February 5, 2013. 4. Related Claims Pending: no other marital claims pending. All marital claims were settled by the enclosed Marital Settlement Agreement dated January 5, 2013, to be incorporated but not merged into the Divorce Decree. 5. Date of Filing Waivers of Notice: Plaintiff s Waiver of Notice is filed with this Praecipe to Transmit. Defendant's Waiver of Notice was filed on February 11, 2013. Respectfully submitted, Tabetha A. Tanner, Esquire Attorney for Plaintiff Supreme Court I.D. No. 91979 TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 (717) 731-8114 LORI L. CLEGG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 6212 CIVIL WREN CLEGG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this of/At day of 2013, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 5, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevin Hess, P.J. CC: r/ Marylou Matas Attorney for Plaintiff 4/ Lori L. Clegg Plaintiff T Tabe tha A. Tanner =rn Ys Attorney for Defendant ' N ��L IN THE COURT OF COMMON PLEAS OF LORI L. CLEGG CUMBERLAND COUNTY, PENNSYLVANIA V. : WREN CLEGG NO. 2006-6212 DIVORCE DECREE AND NOWAsr4� l(. m ��'• �.Qt� , it is ordered and decreed that LORI L. CLEGG , plaintiff, and WREN CLEGG , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All claims have been resolved as evidenced by the Marital Settlement Agreement dated January 5, 2013, which is hereby incorporated but not merged into this Decree. By the Court, Atte N J. Proth notary • �f .� �. �� � �� .,� ,� �', ., rt t ., . n�