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JUDITH A. WAMBOLD,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
97-1381 CIVIL TERM
EDWARD J. WAMBOLD,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
;z -r day of
i)c.c.c.,..l.oY
1991-, upon a
Stipulation for Entry of Court Order for Payment of Alimony in
Accordance with Agreement of the Parties, it is hereby ordered and
directed that upon the entry of a final decree in divorce in this
matter, that Husband shall pay the sum of $462 per month, as
alimony, in accordance with the terms of a Separation Agreement
dated November 18, 1997, entered into between the parties, with
said alimony to be paid by wage attachment and to be payable
through the Domestic Relations Section of the Cumberland County
Court of Common Pleas.
By the Court,
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JUDITH A. WAMBOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL DIVISION
NO. 97-1381 CIVIL TERM
EDWARD J. WAMBOLD,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information
to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under ~3301(c)
3301(d) (1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: March 20, 1997
- First class mail, return receipt requested - restricted delivery
3. Complete either paragraph (a) or(b).
(a) Date of execution of the affidavit of consent required
by ~3301(c) of the Divorce Code: by Plaintiff December 16, 1997
_; by Defendant December 8, 1997
(b) (1) Date of execution of the affidavit required by
~3301(d) of the Divorce Code: ; (2) Date of filing
and service of the Plaintiff's affidavit upon the Respondent:____
4. Related claims pending: Separation Agreement dated November
18, 1997, is incorporated in the decree
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention
to file praecipe to transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce
was filed with the Prothonotary: December 16, 1997
Date Defendant's Waiver of Notice in ~3301(c) Divorce
was filed with the Prothonotary: December 16, 1997
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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JUDITH A. WAMBOLD
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Plaintiff
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DECREE IN
DIVORCE
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AND NOW, ........~.. "~:~:...... 19 ,~~..,. it is ordered and
decreed that,.", .~~~~~~ ,~: ,~~~~~~~..,",.,"",.,..,',.,.",. plaintiff,
and"...."....,., ~~!'I!lF~, ~,', !"!l!")>!,,l~, '.'""",."."" "",'. defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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Separation Agreement dated November 18 , 1997, to be incorporated in final
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Wambold Ssp Agt/ll.10/97/11.17.97
SEPARATION AGREEMENT
THIS IS AN Agreement made this IftJ) day of ffive")onL~J.Ar- , 1997,
by and between Edward J. Wambold (hereinafter referred to as
Husband) and Judith A, Wambold (hereinafter referred to as wife).
WHEREAS, Husband and Wife were married on August 7, 1977, in Alpha,
New JerseYi and
WHEREAS, various differences have arisen between Husband and Wife,
whereby they have been living separate and apart since June 17,
1997i and
WHEREAS, the parties have agreed to maintain separate and permanent
domiciles and to live apart from each otheri and
WHEREAS, the parties desire to enter into an amicable settlement to
provide for all of the property rights of the parties and to
dispose of the rights and obligations of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable
distribution, and all other rights and obligations under the
Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete
and final settlement of all of those rights and obligations under
said Divorce Codei and
NOW, THEREFORE, for and in exchange of mutual considerations, and
intending to be bound by the provisions hereof, the parties agree
that their recitals form a part of this Agreement and waive any
right to counseling under the Divorce Code of 1980, as amended, and
right to counsel fees, costs, alimony, support, maintenance, and
any other rights under the said Divorce Code not provided for
herein and agree as follows:
1. SEPARATION. The parties agree that it shall be lawful for each
party, at all times hereafter, to live separate and apart from the
other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference,
authority or contact by the other, as fully as if he or she were
single and unmarried, except as may be necessary to carry out the
provisions of this Agreement and as may be necessary to exchange
information that pertains to the parties' minor children. Neither
party shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, or in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart, from the other.
'.
2. REAL ESTATE. Husband and Wife jointly owned the marital
residence located at 580 Cranes Gap Road, Carlisle, Cumberland
County, Pennsylvania. The marital residence was sold on July 23,
1997. The net settlement proceeds shall be distributed as follows:
$18,000.00 to Husband and the remainder to Wife.
3. AUTOMOBILES. Husband shall have as his sole and exclusive
property, title to and possession of the 1979 Porsche. Wife shall
have has her sole and exclusive property, title to and possession
of the 1987 Ford van. Each party shall indemnify and hold the
other harmless from any liability on any loans encumbering said
vehicles, cost of repairs, maintenance, registration, insurance
and/or inspection of the vehicle which each is taking as his/her
sole and exclusive property.
4. PERSONAL PROPERTY. The parties have divided or have agreed to
a division of their personal property which includes bank accounts,
jewelry, clothing, furniture and other personal items. After the
aforesaid division of the personal property is complete, any and
all property in the possession of Husband shall be his sole and
separate property. Any and all property in the possession of Wife
shall be her sole and separate property. Each party forever
renounces whatever claims he/she may have with respect to the
property which the other is taking, Each party understands that
he/she has no right or claim to any property acquired by the other
after the signing of this Agreement.
5. PENSION/RETIREMENT PLANS. Husband's 401(k) Plan with Sprint
has previously been distributed by the parties in accordance with
a Stipulation dated May 27, 1997. Wife hereby releases any and all
claims or demands she may have on Husband's remaining Sprint
pension benefits including, but not limited to, any
additions/contributions to the aforesaid 401 (k) plan made by
Husband or Husband's employer since May 27, 1997.
6. DEBTS. The parties represent and warrant to each other that
neither has incurred any other debts nor made any oth~r contracts
for which the other or his/her estate may be liable, from date of
separation forward. Neither party shall contract nor incur any
debtor liability for which the other or his/her property or estate
might be responsible and agrees to indemnify the other from any
claims made against the other because of debts/obligations not
incurred by the other. Husband shall assume and bear sole
responsibility for payment of the Corestates credit card and
Cornerstone Federal Credit Union obligations. Wife shall assume
and bear sole responsibility for the Montgomery Ward and Fashion
Bug credit card obligations, Each party shall indemnify and hold
,
,
harmless the other from any liability, claims, causes of action,
suits, or litigation arising out of failure of each party to so pay
such obligations as assumed by each herein.
7. ALIMONY. ALIMONY PENDENTE LITE. SUPPORT OF SPOUSE. Husband is
currently paying to Wife spousal support pursuant to an Order of
Court dated June 5, 1997, entered at 1214-S-92, DR' 20,800,
allocated as $938.00 per month for children and $462,00 per month
for Wife. Husband shall pay to Wife for a period of three (3)
years from the date of this Agreement the sum of $462.00 per month,
as spousal support and, after the entry of a final divorce decree,
as alimony. Husband shall continue to pay spousal support and
alimony to Wife, as aforesaid, by wage attachment payable through
the Domestic Relations Section of the Court of Common Pleas. The
payment of alimony to Wife shall cease upon Wife's remarriage or
upon death of Wife.
8. EFFECTIVE DATE, The effective date of this Agreement shall be
the date of execution by the parties if they had each executed the
Agreement on the same date. Otherwise, the execution date of this
Agreement shall be defined as the date of execution by the party
last executing this Agreement.
9. DIVORCE. The parties agree that should either party file a
Complaint in Divorce, claiming that the marriage is irretrievably
broken under the no-fault mutual consent provision of Section
3301(c) of the Pennsylvania Divorce Code, then both parties agree
to execute any and all affidavits or other documents necessary for
the parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code including waiver of all rights to
request Court ordered counseling. It is agreed and understood
between the parties that in the event a divorce proceeding is filed
by either party in any other jurisdiction, that the parties shall
not contest, but instead consent to such proceedings and shall
execute any and all documents necessary so as to proceed with and
obtain an absolute and final divorce.
10. INCORPORATION INTO DECREE, Should a decree, judgment or order
of separation or divorce be obtained by either of the parties in
this or any other state, country, or jurisdiction, each of the
parties hereby consents and agrees that this Agreement and all of
its covenants shall not be affected in any way by any such
separation or divorce 1 and that nothing in any such decree,
judgment, order or further modification and revision thereof shall
alter, amend or vary any term of this Agreement, whether or not
either or both of the parties shall remarry, it being understood by
and between the partes hereto that this Agreement shall survive and
shall not be merged into any decree, judgment, or order of divorce
or separation. It is specifically agreed, however, that a copy of
this Agreement 'or the substance of the provisions thereof, may be
incorporated by reference into any divorce, jUdgment or its decree.
This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement
to survive any jUdgment and to be forever binding and conclusive
upon the parties.
11. MUTUAL RELEASE. Husband and Wife do hereby mutually remise,
release, quit claim or forever discharge the other and the estate
of such other, for all time to come, and for all purposes
whatsoever, from any and all rights, title and interest, or claims
in or against the estate of such other, of whatever nature and
wherever situate, which he or she now has or at anytime hereafter
may have against such other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other or by way of dower or
curtesy of claims in the nature of dower or curtesy, or widow's or
widower's 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 or other rights of the surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United States, or any other country or any right which either
party may now have or at anytime hereafter have for past, present
or future support or maintenance, alimony, alimony pendente lite,
counsel fees, costs or expenses, whether arising as a result of the
marital relation or otherwise, except and only except all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
provision thereof. It is the intention of Husband and Wife to give
to each other by the execution of this Agreement a full, complete
and general release with respect to any and all property of 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 of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision
thereof.
12. COUNSEL PEES, Each party individually covenants and agrees
that he or she will individually assume the full and sole
responsibility for legal expenses for his or her attorney and court
costs in connection with any divorce action which may be brought by
either party and shall make no claim against the other for such
costs or fees,
13. ADDITIONAL INSTRUMENTS, Each of the parties shall, from time
to time, at the request of the other, execute, acknowledge and
deliver to the other party any and all further instruments or
documents that may be reasonably required to give full force and
effect to the provisions of this Agreement.
14. MODIFICATION OR WAIVER. A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in
writing and executed with the same formality as this Agreement.
The failure of either party to insist upon the strict performance
of any of the provisions of this Agreement shall not be construed
as a waiver of any subsequent default of the same or similar
nature.
15. ENTIRE AGREEMENT. This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
16. SEPARATE PARAGRAPHS. It is specifically understood and agreed
by and between the parties thereto that each paragraph hereof shall
be deemed to be a separate and independent agreement.
17. BREACH. If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her and the party
breaching this Agreement shall be responsible for payment of legal
fees and costs incurred by the other in enforcing the rights under
this Agreement, or in seeking such other remedies or relief as may
be available to him or her.
lB. CONTROLLING LAW. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
19. INVALIDITY OF PROVISIONS. If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement, and, in all other respects, this Agreement shall be
valid and continue in full force, effect and operation.
20. BINDING NATURE, Except as otherwise set forth herein, this
Agreement shall be binding and shall inure to the benefit of the
parties hereto and their respective heirs, executors,
administrators, successors and assigns.
JUDITH A. WAMBOLD, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v . CIVIL ACTION - LAW
.
.
.
EDWARD J. WAMBOLD, . 97-1381 CIVIL TERM
.
Defendant .
.
. IN DIVORCE
.
ORDER OF COURT
AND NOW, this
'S"' day of
"?on '/
, 1997, upon a
Petition for Special Relief pursuant to Pa RCP 1920.43, it is
hereby ORDERED and DIRECTED, as follows:
A. A preliminary injunction is issued directing Respondent not to
remove or dispose of any marital property, except for the use of
marital funds for regular household expenses and obligations,
pending further Order of Court~
B. A hearing is scheduled for the 1 ttj day of )17 d ~ ,
1997 at ~; 30 L.M. in Courtroom No. ~ of the ~Umberland
County Courthouse, CarliSle, Pennsylvania.
BY THE COURT,
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4-lf97 )Jell-ie, (ll7-'J :IotUel
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The parties are the parents of five children, all of which reside
in the marital residence.
6
The parties' only daughter, Jennifer A. Wambold, is a quadriplegic.
7
The Petitioner has limited income from working part time with the
Carlisle Area School District as a cafeteria worker and at Turkey
Hill Market as a sales clerk, while spending the majority of her
time caring for the parties' daughter.
8
The Respondent is employed with Sprint, and the Petitioner believes
and therefore avers that in Mayor June of this year that he will
be separating from his family and moving to Ohio.
9
The parties' marital residence is very much in need of repair with
a serious health hazard being evident as a result of a
malfunctioning on-lot septic system.
10
When Respondent does separate from Petitioner, the Petitioner will
continue to reside in the marital residence with the parties'
children.
11
The Respondent has sold two Porsche automobiles and various pieces
of ham radio equipment over the last several months, all of which
is marital property.
12
The Petitioner has no knowledge of what Respondent has done with
the proceeds from the sale of the various automobiles and ham radio
equipment.
13
The Respondent has sole control of the parties' finances.
14
The marital residence, which is in dire need of repair, as
indicated herein, is the sole remaining substantial marital asset.
15
The Petitioner desires that the Respondent provide for a full
accounting of the disposition of any and all marital assets from
April 1, 1996 to the present.
16
The Petitioner believes and therefore avers that a preliminary
injunction should be issued preventing the Respondent from
disposing of any and all marital assets pending further Order of
Court and after hearing, to issue an injunction prohibiting the
disposition of any marital property without first obtaining Court
approval, for the following reasons:
A. The Respondent is continuing to liquidate marital assets
and refuses to tell Petitioner what he is doing with the proceeds
from the sale of any assets~
B. The Petitioner fears that the proceeds from the sale of
marital assets are or will be disposed by Respondent~ and
C. Immediate harm or injury may result if Respondent
disposes of marital assets and/or the proceeds from the sale of
marital assets.
17
The Petitioner believes and therefore avers that it is in the
parties' best interest to direct the Respondent to take immediate
action to remedy the on-lot sewage septic problem in the marital
residence so as to alleviate the serious health hazards.
WHEREFORE, the Petitioner requests your Honorable Court to order as
follows:
A. To issue a preliminary or special injunction preventing
Respondent from removing or disposing of any marital property,
except for the use of marital funds for regular household expenses
and obligations, pending further Order of Court~
B. After hearing, to issue an injunction preventing the
Respondent from removing or disposing of any marital property,
without first obtaining Court approval~
JUDITH A. WAMBOLD, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v : CIVIL ACTION - LAW
.
.
EDWARD J. WAMBOLD, 97-1381 CIVIL TERM
Defendant
. IN DIVORCE
.
CERTIFICATE OF SERVICE
I, Christopher C. Houston, Esquire, do hereby certify that on this
date I served the aforesaid Petition by hand delivery on the
following:
John Wesley Weigel, III, Esquire
7 Irvine Row
Carlisle, PA 17013
Date:
.'Ifi~ 1-:
Christop
Attorney
Broujos, Gilroy & Houston, P.C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
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wambold.dlvl3.14.97
JUDITH A. WAMBOLD, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v CIVIL DIVISION - LAW
.
.
EDWARD J. WAMBOLD, 97- /3K/ CIVIL TERM
Defendant .
.
IN DIVORCE
COMPLAINT
Plaintiff, Judith A. Wambold, by her attorneys, Broujos, Gilroy &
Houston, P.C., sets forth the following:
1
Plaintiff, Judith A. Wambold, is an adult individual residing at
580 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania.
2
Defendant, Edward J. Wambold, is an adult individual residing at
580 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania.
3
The parties were married on August 7, 1977, in Alpha, New Jersey.
4
Plaintiff and Defendant have lived continuously in the Commonwealth
of Pennsylvania for at least six months prior to the commencement
of this action.
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this
or any other jurisdiction within the knowledge of the Plaintiff.
7
In accordance with Section 3301 (c) of the Divorce Code, the
marriage between the parties is irretrievably broken.
8
Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the
parties to participate in counseling.
WHEREFORE, the Plaintiff requests your Honorable Court to decree
that the Plaintiff be divorced from the Defendant.
COUNT II - EQUITABLE DISTRIBUTION
9
Paragraphs 1 through 4 of the Complaint are incorporated herein by
reference as though set forth in full.
10
Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of the marriage until
the present.
11
Plaintiff and Defendant have been unable to agree as to an
equitable division of said property.
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JUDITH A. WAMBOLD, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v . CIVIL ACTION - LAW
.
EDWARD J. WAMBOLD, . 97-1381 CIVIL TERM
.
Defendant .
.
. IN DIVORCE
.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~ 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without
notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and
correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date: 1& - 1(, -f7
~ 0. .ft)th.!~
JUDI A. WAMBOLD
Plaintiff
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JUDITH A. WAMBOLD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
NO. 97-1381
CIVIL TERM
EDWARD J. WAMBOLD,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Christopher C. Houston, Esquire, being duly sworn according to
law do depose and state that a copy of the Complaint filed in the
above-captioned matter along with a copy of a Notice to Plead and
a Notice of Availability of Marriage Counseling was served on the
Defendant, Edward J. Wambold, by Certified Mail - Return Receipt
Requested, restricted delivery, a copy of said return receipt
evidencing delivery being attached hereto. Said service on March
20, 1997.
~ c. Bon.ton,
Attorney for Plaintiff
52 West Pomfret Street
Carlisle, PA 17013
717 - 241-5970
Esquire
Sworn and subscribed to
before me this /~f~ day
of ~~ , 1997.
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