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HomeMy WebLinkAbout00-06981IN THE COURT OF COMMON PLEAS No . ..... 00-6.9.81 . .................. RX DECREE IN DI VORCE a,63'a- P` AND NOW,.... . ........... Aff....... it is ordered and decreed that ......R?o .warnaahi . . .................. . ...... . plaintiff, and .............Elena .Mania. Warudahl ..................... defendant, are divorced from the bonds of matrimony. 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; ......None ................................................... i s i By rt: ------------------ --------- -- ---------- ------ ----- - ------- -- -------- r' Attest: ? J. ? e a -- Prothonotary i rw.-,. ?r . ,r;;.. ?,, w,;:.. ?? .,? , rs.;;:.:? ? ,.,?,:: e. ,?a:: ?.. ? .:.e;::: ? ? : z? .:e ::.c::. ? s .: s . ? '_:e _ <, e;:.::? •.?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RANDY WARNDAHL Plaintiff DOCKET NO. 00-6981 VS. ELENA MARIA WARNDAHL Defendant ACTION IN DIVORCE MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that Randy Wamdahl is currently accruing a military retirement benefit based on his service in the United States Army Reserve. The parties further agree that his former spouse, Elena Maria Warndahl, has an interest in such military retirement benefits, and shall receive from Randy Warndahl disposable military retired pay an amount as set forth below. Further, Randy Warndahl shall assist Elena Maria Warndahl in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Military Member Information: The name, last known address, social security number, and date of birth of the "Member" are: Name: Randy Warndahl Address: 403 Georgetown Road, Mechanicsburg, Pennsylvania 17050 Social Security Number: #477-74-6843 Birth Date: March 17, 1965 3. Alternate Payee Information: The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Elena Maria Warndahl Address: 26 /A Broad Street, Highspire, Pennsylvania 17034 Social Security Number: #474-88-5830 Birth Date: November 12, 1962 The parties hereto were husband and wife, and a divorce action is in this Court at the above number. The parties were married on July 25, 1992. 4. Assignment of Benefits: The Member assigns to the Alternate Payee an interest in the Member's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. DRAFTED: 1114/03 08-08-02-086-24974 5. Observance of Member's Rights Under the Soldier's and Sailor's Civil Relief Act of 1940: The Member's rights under the Soldiers' and Sailors Civil Relief Act of 1940 (50 App U.S.C. Section 521) were observed by the Court during this proceeding. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. Amount of Alternate Payee's Benefit (Coverture Approach): This Order assigns to the Alternate Payee an amount equal to Twenty-Seven percent (27%) of the Marital Portion of the Member's disposable military retired pay under the Plan as of his benefit commencement date. The Marital Portion shall be determined by multiplying the Member's disposable military retired pay by a fraction (less than or equal to 1.0), the numerator of which is the number of points accumulated by the Member during the marriage (which shall be defined as 3,017 points), and the denominator of which is the total number of points accumulated by the Member as of his date of retirement. 8. Cost of Living Adjustments: In addition to the above, the Alternate Payee shall receive a pro-rata share of any post-retirement cost-of-living adjustments made to the Member's benefits on or after the date of his retirement. 10. Survivor Benefit Plan (SBP): The Alternate Payee shall not be awarded a Survivor Benefit Plan Annuity under the Military Retirement System Plan. 11. Duration of Payments: The monthly payments set forth under Paragraph 7 shall commence to the Alternate Payee as soon as administratively feasible following the commencement of Member's disposable retired pay and shall continue during the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them, they shall terminate only upon the death of either Member or Alternate Payee. 12. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. Duration of Marriage Acknowledgment: The Member and Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on. July 25. 1 qqa . and Vrtaave, ioesx marred -Pcr more -?hor1 to ? earrS. 14. Overpayments: The Alternate Payee agrees that any future overpayments to her are recoverable to involuntary collection from her estate. 15. Notification: The Alternate Payee agrees to notify DFAS about any changes affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 16. Qualification: The Member and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. DRAFTED: 1114/03 08-08-02-086.24970 y? 17. Continued Cooperation of Member: The Member agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Army Reserve may require to certify that the disposable military retired pay can be provided to the Alternate Payee. 18. Merger of Benefits and Indemnification: The Member agrees not to merge his disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Alternate Payee's right to receive a portion of the disposable military retired of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest, and, therefore, the Member will not cause a limitation of the Alternate Payee's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay the Alternate Payee directly the monthly amount assigned to her in Paragraph 7 of this Order under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 19. Direct Payment by Member: If in any month, direct payment is not made to Alternate Payee by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Alternate Payee by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Alternate Payee would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e. disability) benefits or any amounts received by Member as a result of any early-out provision, such as VSI or SSB benefits. 20. Actions By Member: If the Member takes any action that prevents, decreases, or limits the collection by the Alternate Payee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly in an amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Member. 21. Submission of Information: The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS (Cleveland Center), located at P.O. Box 998002, Cleveland, Ohio 44199-8002. The Member agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Army Reserve. (b) A statement by the Alternate Payee which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate. (d) The Member's name, Social Security Number, date of birth, and name of the military service. (e) The Alternate Payee's name, address and Social Security Number. DRAFTED: 1/14/03 08-08.02-086-24970 ', r R • 22. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS fail to comply with the provisions contained above requiring said payments to the Alternate Payee by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to the Alternate Payee as set forth herein. 23. Taxes: The Alternate Payee shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 24. Discovery: The Member hereby waives any privacy or other rights as may be required for the Alternate Payee to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 25. Notice of Pending Retirement: The Member shall be required to notify the Alternate Payee, in writing, within thirty (30) days prior to his actual date of retirement. Such notice shall indicate his intentions to retire and his elected benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Member of any changes in her mailing address. 26. Definition of Military Retirement: For the purpose of interpreting this Court's intention in making the division set out in this Order, "military retirement' includes retired pay paid or to which Member would be entitled for longevity of active duty and or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Alternate Payee's share of the benefits awarded to her by the Court, the marital property interests of the Alternate Payee shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans Administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to, exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 7 above, as applicable. In the event that the DFAS will not pay the Alternate Payee directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 19 above. IT IS SO ORDERED. DATE: 3111 10 03p_ DRAFTED: 1/14/03 08-08-02-086-2497Q PENNSYLWANiA ;r . w COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Elena Wamdahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of her knowledge, information, and belief. Elena Wamdahl Sworn to and sub__scI?}*bed Before me this 6 " day Of -kf& ph-S , 2003 vh?1 "? A-. ?OaU Notary Publio NOTARIAL SEAL KIMBERLY A. NALL, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 19, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin SS Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Randy Warndahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of his knowledge, inf Sworn to and subscribed Before me this lday Of ak-U Ll h{R,. 2003 NOTARIAL SEAL KIMBERLY A. NALL, Notary Public City of Harrisburg, Dauphin County My Commission Expires wanuary 19, 2004 RANDY WARNDAHL, Plaintiff, VS. ELENA MARIA WARNDAHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 00-6981 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Complaint was file October 11, 2000 and was served upon the Defendant via certified mail on October 28, 2000. The Affidavit of Service was filed on November 1, 2000. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: Plaintiff. signed August 2, 2002; filed August 13, 2002 Defendant: signed February 12, 2003 and filed concurrently with this Praecipe. (b)(1)Date of execution of the affidavit required by §3301(d) of the Divorce Code : N/A (2)Date of filing and service of the plaintiffs affidavit upon the respondent: N/A r 4. Related claims pending: None. All issues with regard to the divorce were settled privately by the parties. Neither parry wished to execute a Property Settlement Agreement. 5. Complete either paragraph (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A (b) Date plaintiffs Waiver of Notice was filed with the prothonotary signed August 2, 2002; filed August 13, 2002 (c) Date defendant's Waiver of Notice was filed with the prothonotary signed February 12, 2003 and filed concurrently with this praecipe. Respectfully submitted by, Date: 02-028-03 Godfrey & Courtney, P.C. CI / Melissa L. Van Eck, Esquire Attorney ID No. 85869 2215 Forest Hills Drive Suite 36 Harrisburg, PA 17112 (717) 540-3900 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this n day of February, 2003, I, Melissa L. Van Eck, Esquire hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Elizabeth B. Stone, Esquire Stone, LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 Attorney for Defendant Melissa L. Van Eck c ? -I 1 -13 E. vl ? i J `T a C,J -D RANDY WARNDAHL IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. LENA MARIA WARNDAHL 00-6981 CIVIL ACTION LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 16th day of October , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq.. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on the 30thday of November , 2000, 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. FOR THE COURT, By: /s/ Hubert X. Gilro' y, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Or,DOCT VI. '- . ?li `. ZD- l7?? CGv? - ,rua?-wee' RANDY WARNDAHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. Cap - ?p?? `icy i? G622? ELENA MARIA WARNDAHL CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ORDER AND NOW, this _ day of 2000, in consideration of the attached Petition, it is hereby directed that the parties and their respective counsel, shall appear before the conciliator, on the day of , 2000at .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 the entry of a temporary or permanent Order. BY THE COURT: Dated: By: Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to 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 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 RANDY WARNDAHL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ELENA MARIA WARNDAHL Defendant No. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Petition and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. 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. COURT ADMINISTRATOR, FOURTH FLOOR Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 RANDY WARNDAHL, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ELENA MARIA WARNDAHL Defendant No. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por cualquier otra queja o compensaci6n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estA disponible en la oficina del Prothontary, en la Dauphin County Court of Common Pleas, Front and Market Streets, Harrisburg, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. COURT ADMINISTRATOR, FOURTH FLOOR Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 Document #. 185653.1 RANDY WARNDAHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELENA MARIA WARNDAHL Defendant No. ar9 - L 9 P &a I -e? CIVIL ACTION - LAW IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE AND FOR CUSTODY 1. The Plaintiff is Randy Warndahl, an adult individual currently residing at 6803 Apt. H Clubhouse Drive, Harrisburg, Dauphin County, Pennsylvania, 17111 since 2000. 2. The Defendant is Elena Maria Warndahl, an adult individual who currently resides at 140C Garden Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070 since 1999. COUNT I - IN DIVORCE 3. The Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 25, 1992 in North Branch, Washington County, Minnesota. 5. Defendant is not in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Plaintiff is currently a Sergeant First Class in the United States Army. 6. Plaintiff's Social Security Number is 477-74-6843; and Defendant's Social Document #: 185653.1 Security Number is 474-88-5830. 7. There have been no prior actions of divorce or for annulment between the parties. 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. 9. Two children were born of the marriage, Alec Justin Warndahl, d.o.b. 3/1/98 and Benjamin Joseph Warndahl, d.o.b. 12/26/99. 10. The marriage is irretrievably broken. 11. The parties have been living separate and apart since October of 1999. 12. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 13. The averments in paragraphs 1 through 13 are incorporated herein by reference. 14. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff requests that this Court enter an Order equitably distributing marital property and such other orders as are appropriate and just. Document #: 185653.1 COUNT III - IN CUSTODY 15. 16. Name Paragraphs 1 through 14 are incorporated herein by reference. Plaintiff seeks custody of the following children: Present Residence Alec Justin Warndahl Benjamin Joseph Warndahl with Defendant with Defendant Age d.o.b. 3/1/98 d.o.b. 12/26/99 The children were born during the marriage of Plaintiff and Defendant and the children are presently in the custody of Defendant who resides at 140C Garden Avenue, New Cumberland, Pennsylvania. During the past five (5) years, the children have resided with the following persons and at the following address: Name Address Date Randy Warndahl 434 W. 2nd Street 1996-1999 Elena Warndahl Olegsby, Ill 61348-1408 Randy Warndahl 1817 Wexford Road 1/99 - 10/99 Elena Warndahl Palmyra, PA 17078 Randy Warndahl 140 C Garden Avenue 10/99 -6/00 Elena Warndahl New Cumberland, PA 17070 Elena Warndahl 140 C Garden Avenue 6/00 - present The mother of the children is Elena Maria Warndahl currently residing at 140C Garden Avenue, New Cumberland, Pennsylvania. Document #: 185653.1 She is married to Plaintiff. The father of the children is Randy Warndahl, currently residing at 6803 Apt. H Clubhouse Drive, Harrisburg, Pennsylvania. He is married to Defendant. 17. The relationship of Plaintiff to the children is that of natural father. The Plaintiff currently resides with the following persons: Name Relationship Debra Harwood Girlfriend 18. The relationship of Defendant to the children is that of natural mother. The Defendant currently resides with the following persons: Name Relationship Alec Justin Warndahl Son Benjamin Joseph Warndahl Son 19. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have visitation rights with respect to the children. Document #, 185653.1 20. The best interest and permanent welfare of the children will be served by granting primary legal and physical custody to Plaintiff because: a. Plaintiff, Randy Warndahl, is in the best position, both financially and emotionally, to provide stability and custody for his minor children. b. Plaintiff is in the best position to provide a stable, responsible environment for the raising of his minor children. C. Plaintiff has played an equal and active role in the raising and care of his minor children. Plaintiff is more stable, and more capable of providing the proper parental care, and can better provide for the physical and emotional needs of the child as well as necessary continuity. 21. Defendant has repeatedly threatened to remove the children from the jurisdiction of the Commonwealth of Pennsylvania. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 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 mtervene: Name N/A Document #: 185653.1 Address Basis of Claim WHEREFORE, Plaintiff requests the Court to grant primary physical custody of the children to him, shared joint legal custody to the parties with reasonable visitation to Defendant and such other relief deemed just and proper. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ?C arl R. Hildabrand, Esquire Attorney I.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Randy Warndahl Dated: October / -2000 Document #: 185653.1 VERIFICATION I, Randy Warndahl, verify that the statements made in the foregoing COMPLAINT IN DIVORCE and CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Document #: 185653.1 _._._ ... _ _,.. .:, .,. I RANDY WARNDAHL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ELENA MARIA WARNDAHL Defendant No. 00-6981 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on October 11, 2000, and served upon Defendant on October 28, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. 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. § 4904 relating to unworn falsification to authorities. Date: c*3-?-da Zdy Warridall Document #: 239803.1 c _ i mn ? r r ',° al £1\div\lconsentaf£idavit RANDY WARNDAHL, Plaintiff v. ELENA MARIA WARNDAHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6981 : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 11, 2000, and served October 28, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. Date ELENA MARIA WARNDAHL, Defendant ? ? ?j S ?..? ? ? i (`4 ? : U}l - (1 ' ;mil .i ? jrn 5> c ?;? ? _ v <n -< RANDY WARNDAHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELENA MARIA WARNDAHL Defendant No. 00-6981 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER 4 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 m this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: R-a-oa KZ4? -- andy Warndahl Document #: 439803.1 0 c - e? r O _ v I '" fl\div\lwaivernmtice RANDY WARNDAHL, Plaintiff V. ELENA MARIA WARNDAHL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6981 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. -1a-63 aLyL Date ELENA MARIA WARNDAHL, Defendant G Ga f -o to ? i 7 c cr. 4 RANDY WARNDAHL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-6981 ELENA MARIA WARNDAHL CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Karl R. Hildabrand, Esquire, counsel for Plaintiff hereby certify that a true and correct copy of Complaint in Divorce and for Custody in the above captioned matter was served upon Elena Warndahl on October 28, 2000 by Certified Mail, Return Receipt Requested. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is the signed return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. arl R. Hildabrand, Esquire Attorney I.D. No. 30102 3211 North Front Street, P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: lb ?? Document #: 188735.1 i to MUM: ??? I also wish to receive the a rvices +Complete items 3, 4a, and 4b. Itio . following services (for an 0 • Print your name and address on the reverse of this tone so that we can return this extra fee): 0 4 card to you. • Attach this form to the front of the mailpiece, or on the back it space does not 1. ? Addressee's Address m permit. • Write "Rerun Receipt Requested" on the le below the article number. 2. El Restricted Delivery N m to • The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a 0 3. Article Addressed to: 4a. Article N umber u Ii Elena Maria Warndahl 18 * C CL E 140C Garden Avenue 41b. Service Type o ? Registered Certified fL ra New Cumberland, PA 17070 ? Express Mail ? Insured ? Zi ' W ? Return Receipt for Merchandise ? COD Zi . O 7. Date of D live o ??QQ 0 V? o 5. Received By: (Print Name 6. Addre ee's Address (Only if requested m and fee is paid) m r - 6. Signature: (Address a or Agent) - F' XCL 9 4 PS Form 36-,,. ei ember 1994 '? inns-eo-e`'6z2e & stlc Mum -ReciApt ff1\div\warndah1.ans\11-00 RANDY WARNDAHL, Plaintiff IN THE COURT OF CO CUMBERLAND COUNTY, UPI NO. 00-4-9,8* CIVIL CIVIL ACTION - IN KMON PLEAS OF PENNSYLVANIA TERM DIVORCE AND CUSTODY V. ELENA MARIA WARNDAHL, Defendant ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the defendant, Elena M. Warndahl, by and through her attorneys, Stone LaFaver & Shekletski, and sets forth the following answers to plaintiff's complaint: 1. Admitted. 2. Admitted. COUNT I - IN DIVORCE 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. -1- d ii i a 11. Denied. It is denied that the plaintiff moved out of the marital residence in October, 1999. By way of further answer, the defendant avers that the plaintiff moved out of the marital residence in June, 2000, and moved in with his girlfriend/adulteress Debra Harwood from Texas, whom he met on the Internet sometime on or around May, 1999. 12. Admitted. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. The answers to paragraphs 1 through 12 are incorporated herein by reference as if fully set forth. 14. Admitted and Denied. It is admitted that the parties acquired marital property, assets and debts during their marriage. It is denied that there is any property to distribute since the plaintiff filed for bankruptcy protection recently. COUNT III - IN CUSTODY 15. The answers to paragraphs 1 through 14 are incorporated herein by reference as if set forth fully. 16. Neither admitted nor denied. This paragraph does not require an answer. By way of further answer, it is averred that the reason for the many residences was because Plaintiff is a -2- u R Sergeant First Class in the United States Army and is in active duty reserves and, as such, relocates the family every two (2) years. Further, the defendant incorporates by reference herein her New Matter hereinafter set forth. 17. Admitted. By the way of further answer, the plaintiff abandoned his family and moved in with this girlfriend when his youngest son was only 5 months old. 18. Admitted. 19. Neither admitted nor denied. The defendant has no knowledge as to the truth or falsity of plaintiff's statement. 20. Denied. It is denied that it would be in the best interest of the children to grant primary physical and legal custody to the plaintiff. It is averred that defendant is in the best position to provide a stable and loving environment and thus should be granted primary physical custody subject to plaintiff's liberal visitation rights. By way of further answer, the plaintiff is in active duty reserves in the United States Army and he is moved every two years. These moves alone would only serve to disrupt the children's lives thrusting them into an even more unstable and dynamic situation considering the parties' divorce. -3- Further, the plaintiff moved out on his babies when the oldest baby was just twenty-six (26) months of age and the younger baby boy was only five (5)months of age. The plaintiff abandoned his family so that he could move in with his new girlfriend who moved here from Texas, whom he met on the Internet. These actions are not one of a stable, rational and reasonable person, let alone the actions of a responsible, loving and caring father. It is denied that the plaintiff has played an active role in the raising of these children. The plaintiff is and always has been throughout the marriage in active duty reserves and is constantly away for 2-3 weeks at a time at the Aberdeen Proving Grounds because he is a trainer. Further, plaintiff does not have physical custody of his other two children from his first marriage, who live in Minnesota. The defendant avers that it curiously questionable as to whether he would be a better parent the second time around. 21. Denied. It is denied that the defendant has ever threatened to remove the children from this jurisdiction. It is averred that neither the plaintiff nor the defendant has family in Pennsylvania. By way of further answer, that since the plaintiff was likely due for a transfer in the next several -4- months to whereabouts unknown, the defendant and the plaintiff had discussed that the defendant would like to move to Boston, Massachusetts where she has family and the plaintiff could request a specific re-location area. 22. Admitted. By way of further answer, the defendant incorporates by reference herein her New Matter hereinafter set forth. Wherefore, the defendant respectfully requests that this Court deny the plaintiff's request for custody, grant defendant's request for primary custody, subject to plaintiff's liberal visitation rights, and any and all other relief that this Court deems just and proper. NEW MATTER COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 23. The answers to paragraphs 1 through 22 are incorporated herein by reference as if set forth fully. 24. The defendant requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. By way of further answer, -5- the defendant avers that the plaintiff's income as a Sergeant First Class in the Army is clearly more than defendant's income. 25. The defendant lacks sufficient property and income to provide for her reasonable needs. Further, the defendant incorporates by reference herein her New Matter hereinafter set forth. Wherefore, the defendant requests the Court to allow alimony and alimony pendente lite as it deems reasonable pursuant to § 3701 and § 3702 of the Pennsylvania Divorce Act. COUNT V CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 26. The answers to paragraphs 1 through 25 are incorporated herein by reference as if set forth fully. 27. The defendant does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. By way of further answer, the defendant incorporates by reference herein her New Matter hereinafter set forth. 28. The defendant avers that the plaintiff is full and well able to pay plaintiff alimony pendente lite. By way of further answer, the defendant incorporates by reference herein her New Matter hereinafter set forth. -6- COUNT VI- ADULTERY 29. Paragraph numbers 1 through 28 are incorporated by reference as if fully set forth herein. 30. The defendant in this action has committed adultery during the course and term of the marriage. 31. The alleged adulteress' name is Debra Harwood and she resides with the Plaintiff at 6803 Apt. H, Clubhouse Drive, Harrisburg, PA 17111. 32. The grounds upon which this action is based is 23 Pa. C.S.A. §3301(a)(2) as the plaintiff has committed adultery pursuant to that Section of the Divorce Code. WHEREFORE, the defendant requests that this Honorable Court enter a decree in divorce pursuant to Section 3301(a)(2) of the Divorce Code granting Counts IV and V and VI of the defendant's new matter, dismiss plaintiff's request for custody, and grant the defendant such relief as this Court may determine equitable, just and appropriate. COUNTERCLAIM FOR PRIMARY CUSTODY 33. Paragraph numbers 1 through 33 are incorporated by reference as if fully set forth herein. 34. It is averred that two children were born during the marriage, and they are presently in the custody of the Defendant who resides at 140C Garden Avenue, New Cumberland, Pennsylvania. -7- 35. The defendant seeks primary custody of the Alec Justin Warndahl, d.o.b. 3/1/98 and Benjamin Joseph Warndahl, d.o.b. 12/26/99. 36. The best interest and permanent welfare of the children will be served by granting shared legal custody and primary physical custody to the defendant subject to the liberal visitation rights of the plaintiff for the following reasons: a. The defendant/mother, Elena Maria Warndahl, is in the best position both financially and emotionally to provide a stable, loving and caring environment as she has always been the primary care giver throughout the infant and toddler's lives since she was the one who stayed home to breast-feed and take care of them when they were sick. b. The defendant is in the best position to raise the children in a stable, nurturing and responsible environment because she will not be relocating every two years compared to the plaintiff who is expected to receive transfer papers shortly to whereabouts unknown. C. It is alleged that the plaintiff abandoned his first two children and now has left his second two children because he is a career adulterer. d. The children have resided with the mother since birth who has provided a continuous living relationship with the -8- children. e. The mother is able to provide a stable home and family type environment for the children allowing the children opportunity to spend time with their father consistent with a schedule the Court may order. f. It is alleged that the sole motivation that the plaintiff seeks primary custody is to avoid having his wages garnished for two separate child support orders. WHEREFORE, it is respectfully requested that this Court grant the defendant shared legal custody and primary physical custody subject to plaintiff's liberal visitation rights. Respectfully submitted, STONE LaFAVER & SHEKLETSKI B Y ELIZABETH B. STONE, Esquire #60251 414 BrkW ? St". , P.O. Box E New CumbeZland, PA 17070 Telephony- (717) 774-7435 Attorneys for Defendant pd\mis\lservice CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, Elena Maria Warndahl, hereby certify that on this date I served a true and correct copy of the within instrument on Plaintiff's counsel of record by first class mail, postage prepaid, addressed as follows: Karl R. Hildabrand, Esquire Metzger, Wickersham, Knauss & Erb 3211 North Front Street DATE: pd\mis\1-ve rifi.aff VIE: R I F I C A T X0 N Elena Maria Warndahl states that she is the Defendant named in the foregoing instrument and that she is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ELENA MARIA WARNDAHL Date: 0-9277-OCR DEC 1 8 20000 RANDY WARNDAHL, Plaintiff v ELENA M. WARNDAHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6981 CIVIL IN CUSTODY AND NOW, this `Z day of December, 2000, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Father, Randy Wamdahl, and the Mother, Elena M. Warndahl, shall enjoy shared legal custody of Alec Justin Warndahl, born March 1, 1998; and Benjamin Joseph Warndahl, born December 26, 1999. 2. Physical custody of the minor children shall be handled as follows: A. Beginning December 15, 2000, the Father shall have physical custody on alternating weekends from Friday after Father's work until Monday morning. Additionally, in the week following Father's weekend, Father shall have custody of the minor children from Wednesday after his work until Friday morning. B. Mother shall enjoy physical custody of the minor children at all other times except for the times Father has physical custody as set forth in this Order. C. The Christmas holiday shall be handled with Father having physical custody of the minor children from December 27, 2000 until January 3, 2001, with the Father having the ability to take the children out of the area to visit his family. 3. The parties shall continue to use the existing daycare that is presently being used with the Father picking the children up from the daycare following work on those designated" days when he is obtaining custody and Father shall drop the children off at the daycare on those days when he is to return the children. 4. In the event a custodial parent must be away from the children for a period of two hours or more because of work or other matters, that parent shall contact the other parent to give them the fast opportunity to care for the children prior to making other daycare arrangements. 5. The parties may modify this agreement to allow Father additional time with the children as agreed upon by the parties. 6. This is a temporary custody Order and the terms of this Order shall not in any way prejudice either party from taking a different position at a second Custody Conciliation Conference or a subsequent hearing in this matter. The parties shall meet again with the Custody Conciliator on Friday, February 23, 2001 at 9:30 a.m. BY THE CO , cc: Karl R. Hildabrand, Esquire Elizabeth B. Stone, Esquire iz-19-00 Ii Xs RANDY WARNDAHL, Plaintiff v ELENA M. WARNDAHL, Defendant Prior Judge: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 6981 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The parties conducted a Custody Conciliation Conference with the Conciliator, after which the Conciliator again spoke with counsel for the parties in a telephone conference call. The parties have reached an agreement, the Conciliator recommends the entry of an order in the form as attached. l2 ( ?D C//mot DATE Hubert X. Custody C tr e FES 2 8 200V RANDY WARNDAHL, Plaintiff v ELENA M. WARNDAHL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 -6981 CIVIL IN CUSTODY COURT ORDER AND NOW, this CAS^day of _, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. This Court's prior Order of December 19, 2000 is vacated. 2. The Father, Randy Wamdahl, and the Mother, Elena M. Wamdahl, shall enjoy shared legal custody of Alec Justin Wamdahl, born March 1, 1998; and Benjamin Joseph Warndahl, born December 26, 1999. 3. The Mother shall enjoy primary physical custody of the minor children. 4. The Father shall enjoy periods of physical custody with the minor children as follows: A. On alternating weekends from Friday after Father's work until Monday morning. B. Every Wednesday from when Father is off work until Thursday morning when Father shall deliver the children to daycare. C. On alternating Thursday evenings from when Father is off work until 7:30 p.m. D. At such other times as agreed upon by the parties. 5. The parties shall alternate major holidays to include the following: New Year's Day, Easter, Memorial Day, July 4ch and Labor Day. 6. The parties shall alternate the Thanksgiving holiday with Mother having the Thanksgiving holiday of 2001 and the parties alternating thereafter. 7. The parties shall alternate the Christmas holiday with Father having Christmas 2001 with the parties alternating thereafter. 8. Father shall also enjoy a period of vacation during the summer of 2001 which shall be ten (10) days to include a weekend that Father is scheduled to have custody. Father shall notify Mother at least thirty (30) days in advance as to when he intends to exercise vacation. Mother shall also have a similar time of vacation where she may take the children at a time when Father's normal visitation will not be exercised. For future years, the parties shall work with each other to expand Father's summer vacation depending upon the situation at the time and Father's availability to take time off from work. 9. In the event a custodial parent must be away from the children for a period of two hours or more because of work or other matters, that parent shall contact the other parent to give them the first opportunity to care for the children prior to making other daycare arrangements. 10. The parties may modify this agreement as they may agree between themselves. Absent any agreement, this Order shall control. 11. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the court to have the case again scheduled with the Custody Conciliator. BY T OURT J. Edward E. Guido cc: Elizabeth B. Stone, Esquire Melissa Stickel, Esquire C0T OW ? RANDY WARNDAHL, Plaintiff v ELENA M. WARNDAHL, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 -6981 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alec Justin Warndahl, born March 1, 1998; and Benjamin Joseph Wamdahl, born December 26, 1999. 2. A Conciliation Conference was held on February 23, 2001, with the following individuals in attendance: The Father, Randy Wamdahl, with his counsel, Melissa Stickel, Esquire; and the Mother, Elena M. Wamdahl, with her counsel, Elizabeth B. Stone, Esquire. 3. The parties agree to the entry of an order in the form as attached. 24Qc cr( DATE Hubert X. Gilro , Esquire Custody Conci iator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Randy Warndahl, ) Plaintiff, ) DOCKET NO. 00-6981 V. ) ACTION IN DIVORCE Elena Maria Warndahl, ) Defendant. AMENDED MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED, ADJUDGED AND DECREED: / 34110 Acknowledgment: The parties acknowledge that Randy Warndahl is currently receiving a military retirement benefit based on his service in the United States Army. The parties further agree that his former spouse, Elena Maria Warndahl has an interest in such military retirement benefits, and shall receive from his disposable military retired pay an amount as set forth below. Further, Randy Warndahl shall assist Elena Maria Warndahl in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Member Information: The name, last known address, social security number, and date of birth of the Member are: Name: Randy Warndahl ("Member") Address: 1105 Oakridge Manor Drive, Brandon, Florida 33511 Social Security Number: 477-74-6843 Birth Date: March 17, 1965 3. Former Spouse Information: The name, last known address, social security number, and date of birth of the Former Spouse are: Name: Elena Maria Warndahl ("Former Spouse") Address: 33 Walcott Street, Hopkinton, Massachusetts 01748 Social Security Number: 474-88-5830 Birth Date: November 12, 1962 The Former Spouse and Member were married on July 25, 1992. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay for provisions of marital property rights. The Member and the Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married from July 25, 1992 to March 11, 2003. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. 5. Amount of Payments: This Order assigns to Former Spouse an amount equal to Sixteen Percent (16 %) per month of the Member's final disposable retired pay. 6. Cost of Living Adjustments: In addition to the above, the Former Spouse shall receive a proportionate share of any post-retirement cost of living adjustments ("COLA") made to the Member's benefits on or after the date of this Order. 7. Survivor Benefit Plan ("SBP") Protection For Former Spouse: The Court hereby orders that the Former Spouse shall not be awarded a Survivor Benefit Annuity under the Survivor Benefit Plan ("SBP"). 8. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by the Defense Finance and Accounting Service ("DFAS") or the appropriate Military Pay Center. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and to the extent permitted under law, irrespective of the future marital status of either of them; they shall terminate only upon the death of either Member or Former Spouse. 9. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent Order. 10. Overpayments: The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her estate. 11. Notification: The Former Spouse agrees to notify DFAS (or the appropriate military pay center) about any changes in this Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 12. Qualification: The Member and the Former Spouse intend that this order quality under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. 13. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Former Spouse. 14. Merger of Benefits and Indemnification: The Member agrees not to merge the Member's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 5 , under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 15. Direct Payment By Member: If in any month, direct payment is not made to Former Spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (ie., disability) benefits or any amounts received by Member as a result of an early out provision, such as VSI or SSB benefits. 16. Actions by Member: If Member takes any action that prevents, decreases, or limits the collection by Former Spouse of the sums to be paid hereunder, he shall make payments to Former Spouse directly in an amount sufficient to neutralize, as to Former Spouse, the effects of the actions taken by Member. 17. Submission of Information: The parties acknowledge that the following items must be sent by the Former Spouse to DFAS (Cleveland Center), located at PO. Box 998002, Cleveland, Ohio 44199-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Army. (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate(s). (d) The Member's name, social security number, date of birth and name of the military service. (e) The Former Spouse's name, address and social security number 18. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to Former Spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS (or the appropriate military pay center) fail to comply with the provisions contained above requiring said payments to Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to Former Spouse as set forth herein. Furthermore, the court retains jurisdiction to enter further orders, including nunc pro tunc orders, that are just and equitable so long as the orders are not inconsistent with any other provisions of the Decree. 19. Taxes: The Former Spouse shall be liable for any federal, state, or local income taxes associated with her assigned share of the disposable military retired pay. 20. Discovery: The Member hereby waives any privacy or other rights as may be required for Former Spouse to obtain information relating to Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 21. Definition of Military Retirement: For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which Member would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interests of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans Administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to, exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Paragraph 5 above, as applicable. In the event that DFAS (or the appropriate military pay center) will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Paragraph 15 above. IT IS SO ORDERED, this day of 20 BY THE COURT: COMMONWEALTH OF PENNSYtVA-NtA SS COUNTY OF M\A91e se Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Elena Wamdahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of her knowledge, information, and belief. W Y, P, A Elena Warndahl Sworn to and subscribed Before me this 19 day Of 11 WT, Notary ublic . 1 „ Q, , apo q STATE OF FLORIDA COUNTY OF HILLSBOURGH Personally appeared before me, a notary public in and for said State and County, the undersigned, Randy Wamdahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of his knowledge, information and belief. Randy C. Warndahl wMslr?w?c • ??? ? OWN" 40?a Sworn to and subscribed Before me this Q3 day Of 2008. a y Vi ., qk* . 3%A saw" .r r 20a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Randy Warndahl, Plaintiff, DOCKET NO. 00-6981 V. Elena Maria Warndahl, Defendant. ACTION IN DIVORCE AMENDED MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Acknowledgment: The parties acknowledge that Randy Warndahl is currently receiving a military retirement benefit based on his service in the United States Army. The parties further agree that his former spouse, Elena Maria Warndahl has an interest in such military retirement benefits, and shall receive from his disposable military retired pay an amount as set forth below. Further, Randy Warndahl shall assist Elena Maria Warndahl in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. Member Information: The name, last known address, social security number, and date of birth of the Member are: Name: Randy Warndahl ("Member") Address: 1105 Oakridge Manor Drive, Brandon, Florida 33511 Social Security Number: 477-74-6843 Birth Date: March 17, 1965 3. Former Spouse Information: The name, last known address, social security number, and date of birth of the Former Spouse are: Name: Elena Maria Warndahl ("Former Spouse") Address: 33 Walcott Street, Hopkinton, Massachusetts 01748 Social Security Number: 474-88-5830 Birth Date: November 12, 1962 The Former Spouse and Member were married on July 25, 1992. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay for provisions of marital property rights. The Member and the Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married from July 25, 1992 to March 11, 2003. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same times as the Member. r 5. Amount of Payments: This Order assigns to Former Spouse an amount equal to Sixteen Percent (16 %) per month of the Member's final disposable retired pay. 6. Cost of Living Adjustments: In addition to the above, the Former Spouse shall receive a proportionate share of any post-retirement cost of living adjustments ("COLA") made to the Member's benefits on or after the date of this Order. 7. Survivor Benefit Plan ("SBP") Protection For Former Spouse: The Court hereby orders that the Former Spouse shall not be awarded a Survivor Benefit Annuity under the Survivor Benefit Plan ("SBP"). 8. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by the Defense Finance and Accounting Service ("DFAS") or the appropriate Military Pay Center. The Former Spouse shall continue to receive such benefits during the joint lives of the parties, and to the extent permitted under law, irrespective of the future marital status of either of them; they shall terminate only upon the death of either Member or Former Spouse. 9. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent Order. 10. Overpayments: The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her estate. 11. Notification: The Former Spouse agrees to notify DFAS (or the appropriate military pay center) about any changes in this Qualifying Court Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 12. Qualification: The Member and the Former Spouse intend that this order quality under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. 13. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Former Spouse. 14. Merger of Benefits and Indemnification: The Member agrees not to merge the Member's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 5 , under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 15. Direct Payment By Member: If in any month, direct payment is not made to Former Spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (ie., disability) benefits or any amounts received by Member as a result of an early out provision, such as VSI or SSB benefits. 16. Actions by Member: If Member takes any action that prevents, decreases, or limits the collection by Former Spouse of the sums to be paid hereunder, he shall make payments to Former Spouse directly in an amount sufficient to neutralize, as to Former Spouse, the effects of the actions taken by Member. 17. Submission of Information: The parties acknowledge that the following items must be sent by the Former Spouse to DFAS (Cleveland Center), located at PO. Box 998002, Cleveland, Ohio 44199-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides retired pay and any decree that approves this order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Army. (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate(s). (d) The Member's name, social security number, date of birth and name of the military service. (e) The Former Spouse's name, address and social security number. 18. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to Former Spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS (or the appropriate military pay center) fail to comply with the provisions contained above requiring said payments to Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military or government regulations or other restrictions interfere with payments to Former Spouse as set forth herein. Furthermore, the court retains jurisdiction to enter further orders, including nunc pro tunc orders, that are just and equitable so long as the orders are not inconsistent with any other provisions of the Decree. 19. Taxes: The Former Spouse shall be liable for any federal, state, or local income taxes associated with her assigned share of the disposable military retired pay. 20. Discovery: The Member hereby waives any privacy or other rights as may be required for Former Spouse to obtain information relating to Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 21. Definition of Military Retirement: For the purposes of interpreting this Court's intention in making the division set out in this Order, "military retirement" includes retired pay paid or to which Member would be entitled for longevity of active duty and/or reserve component military service and all payments paid or payable under the provisions of Chapter 38 or Chapter 61 of Title 10 of the United States Code, before any statutory, regulatory, or elective deductions are applied. For purposes of calculating the Former Spouse's share of the benefits awarded to her by the Court, the marital property interests of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans Administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to, exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Paragraph 5 above, as applicable. In the event that DFAS (or the appropriate military pay center) will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Paragraph 15 above. IT IS SO ORDERED, this a I 4day of e4? 1 20 a6 . -f,3 "-.WAO "ttly W-Z - E30/yc/4 Yl'i'Ji? idN77' n ?y ? vmo "=Hi JO O)Ape C-huseltS COMMONWEALTH OF SS COUNTY OF l %A&e S f Personally appeared before me, a notary public in and for said Commonwealth and County, the undersigned, Elena Warndahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of her knowledge, information, and belief. VP I A r. W Elena Warndahl Sworn to and subscribed Before me this 19 day Of , MOM Q a* 4aA CUAI, c, Notary ublic ,aooCt U STATE OF FLORIDA COUNTY OF HILLSBOURGH Personally appeared before me, a notary public in and for said State and County, the undersigned, Randy Warndahl, who, being duly sworn according to law, deposes that the facts set for the in the within Military Qualifying Court Order are true and correct to the best of his knowledge, information and belief Randy C. Wamdahl wrorr??iw? gr1MRlrl? Sworn to and subscribed Before me this ;3 day Of (,c?.•, .?.- 2008. ?as