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: IN THE COURT OF COMMON PLEAS :
111 OF CUMBERLAND COUNTY ..
111 * .
111 .
, STATE OF ~\.~ '..~ PENNA. ..
111 ..
111 .
111 N 0...4.114.. ............ 1') 94 .
111 "DonnaL, Arbogast ,
* VI~I'SIl,'1 ,
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William C. Arbogast, Jr, .
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~ 111
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~ DECREE IN .
~ DIVORCE .
$1 111
~... AND NOW, ....St.l~t~~.~cf..2......... 19,'.f.. It is ordered and I}
111 r ~
* decreed that....... .D.QrJtlil. .1". /l.rJo09iuit.,..........,......." plaintiff. .
,~ 111
. and.............. .Willi.aro. c.,. .Arbogast.,. .Jr.,.............., defendant. ij
I} are divorced from the bonds of matrimony, .
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~ The court retains jurisdiction of the following claims which have 8
, been raised of record in this action for which a final order has not yet *
8 been entered; M
~ . .Tl)~. ~.r: H~~.I'! , pr~p.~Fty. .~~.t.q'i!!".e,t)~. "'.(H'i!~!1t.~t)~. .e.~'!C;:~.t<E1c,1. P.Y. . ~P~. .P\l~t ies 8
, on July 6, 1998, is attached hereto and incorporated into this w
. .deG:ree. fo.r. .enfo17G:ement. purposes. only. pursua.nt. to .Sec.t:\<ilo, .3HJ5 ..
111 of the PA Divorce Code. ~
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: n y Th e dJ;"l~ Ot" ~ I:
; ^'"'' , b~xe~ . f . J. !,'
ill t/lT r ~ Prothonotary
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III\: ''''''1)1.1'.'\.1'' June 1~,I'''IK
DONNA L. ARBOGAST,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 94 - 4114 CIVIL TERM
Plaintiff
VB.
WILLIAM C. ARBOGAST, JR.,
Defendant
IN DIVORCE
M
THIS Agreement made this
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, 1998,
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, Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and WILLIAM C.
by and between DONNA L. ARBOGAST, of
ARBOGAST, JR., of 35 Patton Road, Mechanicsburg, Cumberland County, Pennsylvania,
hereinafter referred to as HUSBAND,
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been joined in marriage on
May 21, 1977, in Mechanicsburg, Cumberland County, Pennsylvania; and
WHEREAS, a Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, to No, 94-4114, Civil Term; and
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
and in general, the settling of any and all claims and possible claims against the other or against
their respective estates.
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NOW, THEREFORE, In consideration of these considerations, and the mutual promises and
undertakings hereinafter set forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE,
each Intending to be legally bound, hereby covenant and agree as follows:
1. Advice of Counsel: The parties hereto acknowledge that each has been notified
of his or her right to consult with counsel 0' his or her choice, and have been provided a copy of
this agreement with which to consult with counsel. HUSBAND is represented by Carol J. Undsay,
Esquire, and WIFE is represented by Charles Rector, Esquire. Each party acknowledges and
accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and with such knowledge as each has
sought from counsel, and that execution of this agreement is not the result of any duress or undue
influence, and that It is not the result of any improper or illegal agreement or agreements.
2. Divorce: The parties acknowledge that they have been separated for over two years.
On the date of this Agreement, HUSBAND's attorney will acknowledge receipt of a Notice of
Intention to Proceed pursuant to Section 3301 (d) of the Divorce Code. HUSBAND will not file a
Counter-Affidavit under Section 3301 (d) objecting to the entry of the Decree in Divorce.
3. Perlonal Property: The parties acknowledge that they have equitably and
satisfactorily divided all of their personal property, and that all personal property shall be the sole
and individual property of the party in whose possession it is as of the date of this agreement.
WIFE will retain the 1986 Ford Escort and HUSBAND shall retain the 1990 Chevrolet
Astro Van and the Corvelle. The parties waive any right, tille or interest in any vehicle to be
retained by the other, and within ten (10) days of the date of this Agreement, the parties will
execute any and all documents necessary to eHect a transfer of said motor vehicles to the party
who will retain possession.
WIFE will retain her Prudential Life Insurance Policy and the parties' Prudential Mutual
Fund as well as Members First Account No. 34181. HUSBAND will execute any and all
documents required to transfer these assets to WIFE.
HUSBAND will retain his Prudential Life Insurance Policy, his AMP Defined Benefit
Pension Plan, his AMP Savings and Thrift Plan with this exception: by Qualified Domestic Relations
Order, HUSBAND autt'>orlzes employer, AMP, Inc., to transfer to a qualified account designated
by WIFE the sum of $60,000.00 from the AMP Savings and Thrift Plan. A copy of this Marital
Settlement Agreement and an original certified copy of the Qualified Domestic Relations Order shall
be presented to AMP by HUSBAND attorney immediately following execution of these documents
to facilitate this transfer. Additionally, within forty-five (45) days of the date of this Agreement,
HUSBAND will pay to WifE the sum of $20,000.00 concurrent with the transfer to him of all her
right. title and interest in the marital home as set forth below. Further, commencing July 1, 1998,
HUSBAND will pay to WIFE the sum of $22,500.00 with 6% interest for 60 consecutive months in
monthly equitable distribution installments of $435.00. All payments by HUSBAND to WIFE
required by this paragraph are not "alimony" for purposes of the Internal Revenue Code and are
not includable in the gross income of WIFE under ~71(b)(1)(B), and are not deductible to
HUSBAND under ~215 of the Internal Revenue Code. HUSBAND agrees .0 maintain decreasing
term life insurance coverage insuring his life in the amount of $22,500.00 and to designate WIFE
as beneficiary of said insurance policy or policies. HUSBAND reserves the right to use a
decreasing term on t,is existing life insurance and policy through his employer for this purpose.
HUSBAND further agrees to provide WIFE with verification of compliance with the provisions of
~':\\loI.,~I\uthll~UM\1Il11+1 111&: '4h:.J1.IJ.~,1I1 JUII~' Ifl,'.J1JH
this paragraph within 30 days of the date of this Agreement and at reasonable Intervals thereafter.
In the event that HUSBAND Is disabled from his work, within 30 days of the last day of Ills
employment, he will pay to WIFE the remaining balance of the obligation.
4. Rell Property: The parties are owners of a home at 35 Patton Road,
MechanlcsblJrg, Cumberland County, Pennsylvania. Within lorty.flve (45) days of the date of this
Agreement, WIFE will transfer to HUSBAND, by special warranty deed, all her right, title and
Interest in the marital home. HUSBAND will be solely responsible for the mortgage payment, the
taxes, Insurance and all charges on account of the marital home and will Indemnify and hold WIFE
harmless against any such obligations or charges, Within lorty.flve (45) days of the date of this
Agreement, HUSBAND will refinance the marital home in order to make a $20,000.00 payment to
WIFE as set out in Paragraph 3 above, A three (3) day recision period may require the tendering
of the deed before the actual payment of the $20,000,00. WIFE will cooperate In whatever
requirements HUSBAND's lender has in this regard. If, lor any reason, HUSBAND Is unable to
obtain refinancing within 45 days of the date of this Agreement, the property will immediately be
listed for sale, and WIFE shall receive the lirst $20,000.00 of net proceeds at settlement.
5. Alimony: The parties waive any claim that they may have one against the other for
alimony, alimony pendente lite or spousal support. The parties acknowledge that each has
suNicient assets with which to maintain themselves after divorce. HUSBAND's obligation shall
terminate on June 30, 1998,
6. Marital Debt: The parties have, in their own names, certain credit card accounts
which may include some marital debt. Each pany will be responsible for the debt on the credit
card accounts in his or her name, Each party will incur no debt for which the other may be liable,
and will indemnity and hold the other harmless tor any debt so incurred.
l':\\loI'~I\urhlllluhl\mM IIle '.I~'I7.I),~-111 JUIW l!.I'J'J~
7, TIllel: The parties are parents of three (3) children: Seth Arbogast, born May 20,
1983; Shea Arbogast, born April 9, 1986: and Kathanne Arbogast, born June 22, 1988. By Order
of Court of February 8, 1996, WIFE enjoys primary physical custody of Shea and Kathanne, and
HUSBAND enjoys primary physical custody of Seth, So long as there is no material change in
the custodial arrangement, HUSBAND shall take the exemption for Seth for federal Income tax
purposes, and WIFE shall take the federal income tax exemption for Kathanne. HUSBAND shall
be entitled to claim the dependency exemption for Shea for the tax years 1998 and 1999, and
WIFE agrees to execute Internal Revenue Service Form 8332 or any other declaration to
Implement this paragraph,
8. Ellchange of Information: The parties have requested from each other and
received any Information regarding their assets, liabilities, income and expenses which the party
requires prior to entering Into the terms of this Agreement. The parties acknowledge that the terms
of this Agreement are fair and equitable and constitute an equitable distribution of marital property
and debt, taking Into account all of the relevant factors set out in Section 3502 of the Divorce
Code, 23 Pa. C.S.!l3502 including the length of the marriage; any prior marriage of the parties; the
age, health, station, amounts and sources of Income, vocational skills, employability, estate,
liabilities and needs of each of the parties: the contribution by each party to the education, training
or increased earning power of the othflr: the opportunity of each party for future acquisitions of
capital assets and income; the sources of income of both parties, including but not limited to,
medical, retirement, insurance or other benefits; the contribution or dissipation of each party In the
acquisition, preservation, depreciation, or appreciate of the marital property, including the
contribution of a party as homemaker; the value of the property set apart to each party; the
standard of living of the parties during the marriage: the economic circumstances of each party
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Including lederal, state and local tax ramifications at the time of the division of the property, and
whether the party will be serving as custodian 01 any dependent minor children.
9. Modification: No modification, rescission, or amendment 01 this agreement shall
be effective unless in writing signed by each 01 the parties hereto.
10. Applicable Law: All acts contemplated by this agreement shall be construed and
enforced under the laws of the Commonwealth of Pennsylvania.
11. Agreement Binding on Parties and Heirs: This Agreement, except as otherwise
expressly provided herein, shall bind the parties hereto, and their respective heirs, executors,
administrators, legal representatives, assigns and successors In any interest 01 the parties, and any
obligation contained herein shall constitute a charge against the obligor's estate. It Is further
acknowledged and agreed that all payments contained in this Agreement are considered by the
parties to be In lieu 01 alimony and are non-dischargeable under 11 U.S.C. 5101 et seq.
12. Agreement Not to be Merged: This agreement shall be incorporated into the final
decree of divorce of the parties hereto for purposes of enlorcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enlorce this agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
13. Documents: The parties hereto agree that they will execute and deliver one to the
other any documents necessary to give effect to the terms 01 this Agreement.
14. Full and Final Se"lement: WIFE and HUSBAND each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate of slJch other, lor all time to
come, and for all purposes whatsoever, 01 and Irom any and all rights. titles. interests or claims
,.
~>:\VIoI',~l\.lIilll~IIM\""'lU IIh: '''~'17.1}.~.1I1 Jun..: 12.ll~'JK
in or against the property (Including Income and gain trom property hereafter accruing, ot the
other) or against the estate ot such other, ot whatever nature and wheresoever situate, which she
or he now has or at any time hereafter may have against such other, the estate ot such other or
any part thereot, whether arising out ot any tormer acts, contracts, engagements or liabilities ot
such other, or by way ot dower or curtesy, or claims In the nature ot dower or curtesy, or widows',
or widowers' rights, family exemption or similar allowance, or under the Intestate laws, or the right
to take against the spouse's will; or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights ot a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws ot Pennsylvania, any other State, or any ottler Country, or any
rights which either spouse may have, or at any time hereafter have, for past, present or tuture
support or maintenance, alimony, alimony pendente lite, counsel tees, costs or expenses, whether
arising as a result ot the marital relation or otherwise, except and only except, all rights and
agreements and obligations ot whatsoever nature arising or which may arise under this Agreement
or betore the breach ot any thereot. It is the intention ot HUSBAND and WIFE to give to each
other by the execution ot this Agreement a full, complete and general release with respect to any
and all property at any kind or nature, real. personal or mixed, which the other now owns or may
hereafter acquire, except and only except, all rights and agreements and obligations ot
whatsoever nature arising or which may arise under this Agreement, or tor the breach at any
thereat, subject, however, to the implementation and satisfaction of the condition precedent as
set torth herein above.
15. BREACH: In the event that either party breaches any provision at this Agreement,
he or she shall be responsible tor any and all costs incurred to entorce the Agreement, including,
but not limited to, court costs and counsel fees at the other party. In the event ot breach, the
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DONNA L. ARBOGAST
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA.
: NO. 94.4114
V.
WILLIAM C. ARBOGAST, JR.,
Defendant
.
: CIVIL ACTION. LAW
: IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: WIlliam C. Arbogast, Jr.
c/o Carol J. Lindsay, Esquire
Flower, Morgenthal, Flower & Lindsay
11 East High Street
Carlisle. PA 17013.3016
Plaintiff, Donna L. Arbogast, Intends 10 file wllh the court the attached Praecipe
to Transmit Record on or after August 24, 1998, requesting that a final decree In divorce
be entered.
Date:.
By: CYJaJM~
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hili, PA 17011.6912
(717) 761.8101
Attorney for Plaintiff
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DONNA L. ARBOGAST, I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff I
I CIVIL ACTION - LAW
v. I
NO.
WILLIAM C. ARBOGAST, JR. , I
:
Defendant IN DIVORCE
COIIPLAIIIT III DIVORC.
1. Plaintiff is DONNA L. ARBOGAST, who currently
resides at 35 Patton Road, Mechanicsburg, Cumberland County,
Pennsylvania since October, 1985.
2. Defendant is WILLIAM C, ARBOGAST, JR" who
currently resides at 35 Patton Road, Mechanicsburg, Cumberland
County, Pennsylvania, since October, 1985,
3, Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Complaint.
4, The Plaintiff and Defendant were married on the
May 21, 1977, Mechanicsburg, Cumberland County, Pennsylvania.
5. There have been no pending or prior actions of
divorce or for annulment between the parties,
6. Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that
this Honorable Court require the parties to participate in
counseling,
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7, Plaintiff avers as the grounds upon which this
action i. based are as fo1loWSl
(a) Defendant has offered such indignities to the
plaintiff, the innocent and injured spouse, as to render her
condition intolerable and her life burdensome, and
(b) the marriage between the parties is
irretrievably broken,
WHEREFORE, Plaintiff requests this Honorable Court to
enter a Decree of Divorce,
f
VIRIrICATION
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C,S. sec, 4904, relating
to unsworn falsification to authorities,
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QDRO
Page 2
The Alternate Pnyee intends to complete the withdrnwnl forms of the Plnn Sponsor to
effectuate nny such trnnsfer.
9. This QDRO does not require the Plnn to provide uny type or form of benefit the Plan
docs not otherwise provide.
10. This QDRO docs not require the Plnn to provide incrensed benefits.
11. This QDRO does not require the Plnn to pay uny benefits which another order
previously determined to be a Qunlified Domestic Relations Order requires the Plan to pay to
another Alternate Payee.
12. On and after the date this Order is deemed to be a QDRO, but before the Alternnte
Payee receives her distribution under the Plan, the Alternnte Payee shull be entitled to all of the
rights and election privileges that ore afforded to active purticipants. including, but not limited to,
the rules regarding withdruwals and distributions and the right to direct her Plan investments to
the extent permitted under the Plan.
13. All payments mode pursuant to this Order sholl be conditioned on the certification by
the Alternate Payee and the Participant to the Plan Administrator of such information as the
Plnn Administrator may reasonably require from such parties.
14. It is the intention of the parties that this QDRO continue to qualify as a QDRO under
Code HI4(p), as it may be amended from time to time.
15. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this QDRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments, and shall forthwith pay such amounts so received directly to the Alternate Payee
within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any
benefits that are not assigned to her pursuant to the terms of this QDRO, the Alternate Payee
shall immediately reimburse the Participant to the extent she has received such benefit payments
and shall forthwith pay such amounts so received directly to the Participant within ten days of
receipt.
16. After payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest by the Plan.
1"1. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO.
18. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall
treat the Alternate Payee as n surviving spouse for purposes of Code *HOl(a)(U) and 417, but the
Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 7 of
this QDRO. The sole purpose of this Paragraph 18 is to ensure payment to the Alternate Payee in
case of Participant's death prior to payment by the Plan of the amount described in Paragraph 7 of
..' '-
QDRO
PaBe 3
this QDRO. In case of the Alternate Payee's death prior to payment by the Plan of all benefits
pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to the estate
of the Alternate payep..
I
19. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO, The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternllte
Payee of the determination within a reasonable period of time after rer.eipt of this QDRO,
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The Court retains jurisdiction over this matter as provided by low.
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BY THE COURT:
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DONNA L. AABOGAST,
Plainti(f
IN THE COURT OF C<X>lMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
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NO, 94-4114
CIVIL TERM
WILLIAM C. ARBOGAST, JR"
De(endant
CIVIL ACTION
IN CUSTODY
CXlJRT auJflR
AND tDi, this (qU- day of lL~:Q<'tt,1..
consideration of the attached Custody Conciliation Report,
ordered and directed as follows:
1, A Hearing is scheduled in Court Room Number :/ , of
the Cumberland County Court House, on the 5,:if day of
(..bILllo1~' , 199i..-, at i.I/') ".m" at which
tillle testi y will be taken in the above case. The Father
shall be eemed to be the moving party for purposes of
testimony and shall proceed initially with testimony in this
case. Counsel for the parties shall file a memorandum with
the Court, which shall surrmarize each party's position on
custody, provide a list of witnesses each party will call to
testify and surrmal:'ize each witness's anticipated testimony,
These memoranda shall be filed with the Judge and opposing
counsel at least ten (10) days prior to the Hearing date.
, 1995, upon
it is hereby
2, In the event either party retains an expert for further
evaluation of the custody situation, the other party shall
cooperate with that expert fot. purposes of a session of
evaluation. Any party who desires to retain an expert at
this r;>oll1t shall incur the cost at his or her own expense,
Any expe;:t Ilho if' retained or any written report that is
presented must be provided to opposing counsel at least ten
(10) days prio~ to the Hearing date, An expert will not be
permitted r.O tN!tify at the Hearing unless a written report
is provided to opposing counsel within that time frame,
3, ~hio Court's prior Order of August 15, 1995, shall remain in
effect subject to the modifications set forth below.
4. The parties shall have physical custody of the Children on
holidays as follows:
A. Thanksgiving
The Mother shall have physical custody of the Children on
Thanksgiving from 9:00 a.m. until 2:00 p.m, and the
Father shall have custody of the Children from 2:00 p.m.
until the following Friday at 10:00 a.m. The Father's
regular weekend custody schedule shall resume on Friday
...,
OOONA L. ARBOGAST,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
NO. 94-4114
CIVIL TERM
WILLIAM C. ARBOGAST, JR.,
Defendant
CIVIL ACTION
IN CUSTODY
PRICR JUDGB: Edgar B. Bayley
CUS'.l'l:Dlr ~ILIATIQlI SlMIARY RBRRl'
IN AOCXlUWlCB wrm aJmBRL.I\ND CXUfl'l!' RULE OP CIVIL mo-.a'IJRB
1915.3-8, the undersigned Custody Conciliator submits the following report:
l, The pertinent information pertaining to the Children who are the
subjects of this litigation is as follows:
NAME
BIRTHDATE
May 20, 1983 I~
April 9, 1986 q
June 22, 1988 '1
CURRENTLY IN CUSTODY OF
Seth W. Arbogast
Shea K. Arbogast
Kathanne Arbogast
Defendant/Father
Plaintiff/Mother
Plaintiff/Mother
2. A second Conciliation Conference was held on OCtober 3, 1995, with
the following individuals in attendance:
The Mother, Donna L. Arbogast, with her counsel, Thomas M, Kutz,
Esquire, and the Father, William C. Arbogast, Jr., with his counsel, R.
Mark Thomas, Esquire,
3, The initial Conciliation Conference was held in this matter on
August 2, 1995, at which time the parties agreed to Temporary child custody
arrangements whereby the parties were sharing legal and physical custody of
the Children. This Court entered the Temporary Order on August l5, 1995,
4. At the Conciliation Conference on October 3, 1995, the parties
agreed that the Temporary Custody arrangements had worked well and that
there had been no scheduling problema. The Mother stated that she would be
willing to have the Temporary arrangements incorporated into an ongoing
Order which would include specific scheduling for Sharing custody of the
Children on holidays. The Father, on the other hand, stated his intention
to pursue primary physical custody of the Children through Hearing because
he feels he is the more fit parent to raise the Children. The Father's
position was based solely on his allegations of marital misconduct on the
part of the Mother. The Father did not allege any specific harm to the
Children at the time of the Conference although he apparently intends to do
so at the Hearing on this matter. The Father stated that he did not intend
to restrict the Mother's access to the Children through periods of partial
custody,
5. The parties were able to agree that the existing Temporary custody
arrangements outlined in this Court's Order dated August 15, 1995 shall be
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DONNA L. ARBOGAST,
Plaintiff
IN THE COURT OF C<X>IMOO PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V8.
I NO. 94-4114
:
: CIVIL ACTION
: IN CUSTODY
CIVIL TERM
WILLIAM C. ARBOGAST, JR.,
Defendant
aulI!R OF cnm
AND tQ, this /) day of VhlljV,
the attached Custody Conciliation Report, it is
as follows:
1995, upon consideration of
hereby ordered and directed
1, The Mother, Donna L. Arbogast, and the Father, William C. Arbogast,
Jr., shall have shared legal and physical custody of Seth William Arbogast,
born May 20, 1983, Shea Kimberly Arbogast, born April 9, 1986, and Kathanne
Arbogast, born June 22, 1988,
2. The Mother I s residence shall be the primary residence of Shea
Kimberly Arbogast and Kathanne Arbogast and the Father's residence shall be
the primary residence of Seth William Arbogast. The Mother shall have
physical custody of Seth during the Father's work hours and the Father shall
have physical custody of Seth at all other times not otherwise specified in
this Order,
3. The Father shall have physical custody of all three Children on
alternating weekends from Friday at 7:00 p.m. until the following Sunday at
7:00 p.m. The Father's weekend custody schedule shall begin on August 4,
1995. The Father shall also enjoy physical custody of the parties'
daughters during one weekday evening each week which shall fall on the same
evening during which the Mother has physical custody of the parties' son.
4, The Mother shall have physical custody of all three Children on
alternating weekends from Friday at 7:00 p.m. until the following Sunday at
7:00 p.m, The Mother's weekend custody schedule shall begin on August 11,
1995. In addition, the Mother shall enjoy physical custody of the parties'
son during one weekday evening each week which shall fall on the same
evening during which the Father has phYRical custody of the parties'
daughters,
5. The parties shall share or alternate physical custody of the
Children on holidays as arranged by mutual agreement,
6. This Order reflects an agreement reached by the parties at a
Conciliation Conference, It is the parties' intention that this Order
reflect temporary minimum custody arrangements. The parties contemplate
that each of them will have liberal periods of physical custody with all
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DONNA L. ARBOGAS't', I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSVLVANIA
plaintiff I
I CIVIL ACTION - LAW
v, I
I NO. 94-4114 CIVIL 'fERN
WILLIAM C, ARBOGAST, JR, , I
I
Defendant I IN DIVORCE
ANSWIR TO DIVORCI COMPLAINT AND COUNT.RCLAIM
1. Admitted,
2, Admitted,
3. Admitted,
4, Admitted,
5. Admitted,
6. Admitted,
7, (a) Denied,
(0) Denied,
COUNT.RCLAIM - CU'TODY
8, Paragraphs 1 through 7 aro incorporated herein as if set
forth at length,
9, Defendant seeks custody of tho following children I
HAu ~sent Residence
Seth W, Arbogast 35 Patton Road
Mechanicsourg, pA 17055
Shea K, Arbogast 35 Patton Road
Mechanicsburg, PA 17055
Kathanne Arbogast 35 Patton Road
Mechanicsburg, FA 17055
The children were not born out of wedlock,
AgA
12yrs
9 yrs
7 yrs
The children are presently in the custody of Donna L. Arbogast
and William C, Arbogast, Jr, who resides at 35 Patton Road,
Mechanicsburg, PA 17055, However, Plaintiff has indicated to the
defendant that she is leaving the marital residence at the end of
June, 1995 and has stated that she is taking the children with her.
During the past five years, the children have resided with the
following persons and at the following addresses:
Mother, Father
and siblings
35 Patton Road
Mechanicsburg, PA
10/85 to present
The mother of the children is Donna L, Ar.bogast, currently
residing at 35 Patton Road, Mechanicsburg, PA 17055,
She is married,
The father of the children is William C. Arbogast, Jr.,
currently residing at 35 Patton Road, Mechanicsburg, PA 17055,
He is married,
10, The relationship of plaintiff to the children is that of
mother, The plaintiff currently resides with the following
persons:
HAM
Re1ationshic
Husband
Son
Daughter
Daughter
William C, Arbogast, Jr,
Seth W, Arbogast
Shea K. Arbogast
Kathanne Arbogast
11, The relationship of defendant to the children is that of
father, The defendant currently resides with the following persons:
HAM
Relationship
Wife
Son
Daughter
Donna L, Arbogast
Seth W, Arbogast
Shea K, Arbogast
Kathanne Arbogast Dau9hter
12. Defendant has not participated as a party or witness, or
in another capacity in other litigation concerning the oustody of
the child in this or another court,
Defendant has no information of a custody prooeeding
concerning the children pending in a court of this Commonwealth,
Defendant 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 child,
13, The best interest and permanent welfare of the children
will be served by granting the relief requested beoause:
a,The father has been primary provider for the children
and has been a nurturing and caring paront:
b, The father has been actively involved in raeing the
children as their father:
c, The father is more capable of teaching the children
family values, responsibility and commitment through both his words
and actions than is the mother: and
d, The father can prov ide is more IItab1e home and family
life for the children than the mothor,
14, Each parent whose parental rights to the children have
not been terminated and the person who has physical custody of the
children have been nnmed as parties to this action, All other
persons, named below, who are known to have or claim a right to
custody or visitation of the children will be given notice of the
pendency of this action and the right to intervene: None
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DONNA L. ARBOGAST,
Plllntln
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO. 84.4114 CIVIL TERM
IN CUSTODY
VI.
WILUAM C. ARBOGAST, JR.,
D.f.ndlnt
I. WITNESSES
1. William C. Arbogast. Jr.: Mr. Arbogast will testify regarding the parties' abilities to parent
the children, and In particular to provide for their physical,
2.
Kathy Witters:
emotional, spiritual and moral welfare.
Ms. Witters will testify regarding the parties' abilities to parent
the children. Ms. Witters will also testify regarding Plaintiff's
3.
Jane Arbogast:
adulterous relationships.
Mrs. Arbogast, Defendant's mother, will testify regarding the
parties' abilities to parent the children.
4.
Karl Smith:
Mr. Smith will testify regarding Defendant's parenting style and
his relationship with his children.
Rev. Gregor will testify regarding Defendant's ethics and his
ability to parent his children.
5.
Rev. Gale Gregor:
DONNA L. ARBOGAST,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
No. 94-4114
CIVIL TERM
WILLIAM C. ARBOGAST, JR.,
Defendant
: CIVIL ACTION
: IN CUSTODY
AND NOW, comes the Plaintiff, DONNA L, ARBOGAST, through her
counsel, Thomas M, Kutz, Esquire, and flies the following Pretrial Memorandum:
1. Plaintiff's position on custody: It Is Plaintiffs position that, while she
would prefer to have primary physical custody of all three of her children Insofar as she
has traditionally served as their primary care giver, the shared custody arrangement
achieved through the Conciliator's conferencas has proved satisfactory, This
arrangement has, since the separation In July, 1995, allowed both equalaCC8ss and
opportunity to share In the lives of all three of their children and permits the children
equalaCC8ss to both parents, Accordingly, Plaintiff desires to retain the current
arrangement by Incorporating Into an ongoing Order; said Order to Include specific
scheduling for sharing custody of the children on holidays.
2. In addition to Plaintiff, the following are the anticipated witnesses and
their testimony:
a. Barbara Henderson
1608 Locust Street
New Cumberland, PA
b. Mary Elizabeth Long
20 Kingswood Drive
Mechanlcsburg, PA
c. Karen Richard
907 Allison Avenue
Mechanicsburg, PA
d. Linda Burgerhoff
1563 Spring Hili Drive
Hummel.town, PA
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DONNA L. ARBOGAST,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM C. ARBOGAST, JR.,
DEFENDANT
94-4114 CIVIL TERM
ORDI;R OF COURT.
AND NOW, this 8th day of February, 1996, following a hearing on the merits,
and being unequivocally satisfied that the best Interest and welfare of the subject
children warrants a continuation of the shared legal custody and physical custody
arrangements that the parents have established, IT IS ORDERED:
(1) The previous custody orders of August 15, 1995, and October 19, 1995,
are vacated and replaced with this order,
(2) The mother, Donna L, Arbogast, and the father, William C, Arbogast, Jr.,
shall have shared legal custody of their children, Seth Arbogast, born May 20, 1983,
Shea Arbogast, born April 9, 1966, and Kathanne Arbogast, born June 22, 1988.
(3) The mother's residence shall be the primary residence of Shea and
Kathanne, and the father's residence shall be the primary residence of Seth.
(4) The father shall have all three children on alternate weekends from Friday
evening until Sunday evening. The father shall have Shea and Kathanne on two
weekday evenings each week which fall on the same evenings the mother has Seth.
... ,
94-4114 CIVIL TERM
(5) The mother shall have all three children on alternate weekends from Friday
evening through Sunday evening. The mother shall have Seth on two weekday
evenings each week which fall on the sama evenings the father has Shea and
Kathanne.
(6) The parents shall share or alternate physical custody of the children on
holidays as arranged by mutual agreement.
?
Thomas M. Kutz, Esquire
For Plaintiff
Cerol J. Lindsay, Esquire
For Defendant
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DONNA LEIGH ARBOGAST,
Plaint! ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
IN DIVORCE
NO. 94-4114 Civil Term
V.
WILLIAM C. ARBOGAST,
Defendant
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of Donna L. Arbogast in
the above-captioned matter.
Respectfully submitted,
I) )(
I.. ' olc.
CCh~rles Rector, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/P.O. Box 222
Lemoyne, PA, 17043
(717) 761-2121
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw my appearance on behalf of Donna L.
Arbogast in the
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CERTIFICATE or SZRVICE
I, Charles Rector, Esquire, attorney for the Petitioner, Donna
L. Arbogast, hereby certify that I have, this day, served the
foregoing document by depositing a copy of same in the United
States mail, postage prepaid, at Lemoyne, Pennsylvania, addressed
to:
Carol Lindsay, Esquire
11 E. High Street
Carlisle, PA 17013
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By: ( 1 Ii (\.L, ( ("y ( (; U "
Charles Rector, Esquire
COSTOPOULOS, FOSTER & FIELDS
831 Market Street/P.O. Box 222
Lemoyne, PA 17043
(717) 761-2121
ATTORNEY FOR THE PETITIONER
Date:
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In the Court of Conllllon Plell.~ of CUMBERLAND County, Pennsylvonla
DOMESTIC RELATIONS SECTION
DONNA L, ARBOGAST ) Dlld.1 Numh., 94-4114 r:v
Plaiullff )
vs, ) PACSES Cas. Numh., 536000028
WILLIAM C, ARBOGAST JR )
Ddi:IIlJalll ) 0111., Slal~ ID Numh., D-26459
Qrdn
AND NOW 10 wil, lhis
JULY 22, 1998
II is hereby Ordered
lhal:
THE ABOVE CAPTIONED ALIMONY PENDENTE LITE ORDER IS TERMINATED, EFFECTIVE
JUNE 30, 1998, PURSUANT TO THE PARTIES' MARITAL SETI'LEMENT AGREEMENT OF
JULY 6, 1998,
THERE IS NO BALANCE OWED TO THE PETITIONER,
.
BY THE COURT:
OROI R. J. Shadday
eel Dvnna L. Arbugast. petLtL;~nr
eel WLllLam C. Arbugast. Respundent
ect C~rul ,J. LLndsay. Esq. ",', \ Edwar
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cc: Charles Rect..>r. Esq. /\\'.,\!t..It
. "1:''1 r(,t,
JUDGE
S.rvk. TYJ1<: M
Form OE.()() I
Work., ID 21005
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