This is a copy of the Affidavit that Robert Pentz, son of Eugene and Gabriella, submitted in 1998.  During the trial of 1993 Carol and Andrew managed to frighten him off from testifying for his parents.  When the Pentzes told their lawyer to subpoena him to testify, she refused.  Meanwhile, ashamed of his attitude, Robert disappeared out of his parents' lives for six years.  In 1998 Robert's girlfriend found Eugene's artwork website and contacted them.  Robert and his parents were reunited, and he agreed to testify in their behalf. 

In 1998, Robert appeared in court in Calgary Provincial Court to request access to his nieces and was refused.  So sadly, the total ban on any contact with Rebecca and Christina also extends to Robert and his spouse and his two children.  The little girls have been effectively cut off from any maternal family ties by the Canadian justice system.

IN THE COURT OF APPEAL OF ALBERTA 

JUDICIAL DISTRICT OF CALGARY 

 IN THE MATTER OF THE DOMESTIC RELATIONS ACT, 

being ch. D-37 of the revised Statutes of Alberta 1980 and amendments thereto 

 AND IN THE MATTER OF THE CHILDREN 

CHRISTINA GABRIELLA TREICH, born September 13, 1991 

and REBECCA TREICH, born July 15, 1990 

BETWEEN: 

CAROL LYNNE TREICH and ANDREW HENRY TREICH 

RESPONDENTS  (Applicants)

-and-  

EUGENE PENTZ and GABRIELLA PENTZ  

APPELLANTS   (Respondents)

A F F I D A V I T 

 

I, ROBERT PENTZ OF PORT COQUITLAM in the Province of British Columbia, MAKE OATH AND SAY AS FOLLOWS;

1)  THAT I am the son of Eugene Pentz and Gabriella Pentz, born April 25 of 1970 and raised by my parents and having been under the same loving care together with my sister Gabriella Julianna Pentz and as such I have personal knowledge of the matters stated in this Affidavit unless otherwise indicated.

2) THAT under the difficult circumstances of my life following my sister’s fatal accident, I felt that the world had collapsed around me.  I had promised my parents my full support in court, after discovering that Carol Treich, and her husband at that time, Andrew Treich had filed for custody of my nieces.  

3) THAT I had a telephone call from Carol Treich before the 1993 trial.  I have read Carol Treich’s testimony given at that trial.  The statement Carol Treich presented to the Court is thoroughly false and unfounded.

4)  THAT all the evidence which I have read, which was presented by Coralea Purych, Margo Kushner and Colleen Kenny at that trial, is thoroughly false and unfounded.  to the best of my knowledge I have not spoken to any of these individuals regarding this custody matter, or any other matter whatsoever. 

5)  THAT I had decided not to attend the trial, thinking my past as a difficult teenager, along with the conflicts between my parents and myself, would serve as a poor reflection on them as parents.  I felt I had no choice but not to attend the trial, to avoid my parents being held responsible for my actions.  I thought, if I am called to the witness stand, my personal life would be used against them and would hurt them in their effort for custody of their orphaned granddaughters.

6)  THAT following the shocking outcome of the trial, I was devastated, and I felt that I was responsible for their loss of custody, partly because I did not go to the trial, and because my previous actions as a teenager was used against them.  Because of this, I felt I had no choice but to stay away from my parents for nearly six years.  

7)  THAT discovering the website of my father’s artwork, Tina Tomkinson, my girlfriend, sent an email dated April 6, 1998, to my parents, introducing herself, letting them know that we had a daughter  (See “Exhibit A”) and they replied on April 8, 1998. (See “Exhibit B”)

8)  THAT I have been contacted by the RCMP office in Port Coquitlam, B.C., in early spring of 1998 at the request of my parents, who went to great lengths to find out if I was dead or alive.

9)  THAT a video recording has been produced by the RCMP about myself and my girlfriend Tina.  (See “Exhibit C”), letting my parents know that Tina and I were expecting a child.  I was hoping that, following their desperate search and concern for me, I would have the chance to rectify the six years of my silence.  Following the birth of my son I have realized and related to the pain I have caused my parents.  With the loving support and understanding of my girlfriend, Tina, I have managed to gather all my courage to face all events relating to this matter and my personal life, for a positive future.

10)  THAT Tina and I have received a letter from my parents, dated June 2, 1998, enclosed with the trial testimony of Coralea Purych (See “Exhibit D and E”) which made me realize what horrible lies have been used to destroy my loving and caring parents’ credibility, and the chance for custody of their orphaned granddaughters 

11)  THAT I have read the document which was produced at the May 25, 26, 27 and 28, 1993 trial at the Court of Queen’s Bench of Alberta relating to the custody of my nieces Rebecca Kliim Hansen and Christina Kliim Hansen.

12)  THAT I did not have the faintest idea that the Treich’s would go to the extent of obstruction of justice, and to create the total destruction not only of my parent’s credibility but also my nieces' stable, loving home, where my sister, Gabriella had left them.

13)  THAT I have visited my parents twice since September, 1998, and I have examined the officially recorded and other evidences, and I believe that my parents have lost custody and access because of the aforementioned individuals’ false and perjured testimony.

14)  THAT to the best of my knowledge, the testimonies given in trial at the Court of Queen’s Bench of Alberta by Coralea Purych, Carol Lynne Treich, Mrs. Lynne Kliim Hansen, Michael Carter and Margo Kushner are thoroughly false, untrue and unfounded.

15)  I MAKE this Affidavit in support of my parents, Eugene Pentz and Gabriella Pentz to clear their names from any of the above individuals’ false accusations and therefore to fulfill my deceased sister, Gabriella Kliim Hansen’s last wish to give my parents full custody of and to provide their loving care to the said children, Rebecca Kliim Hansen (Treich) and Christina Kliim Hansen (Treich).

 

SWORN BEFORE ME  

at the City of  Calgary, 

in the Province of Alberta,  

this _______________ day  

of ______________ A.D., 1998                                            

_______________________________  

ROBERT PENTZ 

 COMMISSIONER FOR OATHS 

AND FOR THE PROVINCE OF  

ALBERTA  

 

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