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IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
.
.
PENNA.
STATE OF
.
.
DEBRAH M. WENDORF,
.
No. 2001-1145
CIVIL
PLAINTIFF
.
VERSUS
.
TODD R. WENDORF,
DEFENDANT
DECREE IN
DIVORCE
.
.
.
AND NOW,
9'N.<.
,2001 ,IT IS ORDERED AND
,L
DECREED THAT
DEBRAH M. WENDORF
PLAINTIFF,
.
.
TODD R. WENDORF
, DEFENDANT,
AND
.
.
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;
THE PARTIES' MARRIAGE SETTLEMENT AGREEMENT, DATED FEBRUARY 27,
.
2001, IS HEREBY MADE A FINAL ORDER OF COURT,
.
.
By THE COURT:
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DEBRAH M, WENDORF,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 2001-/ /'-115' CIVIL
IN DIVORCE
TODD R WENDORF,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court, If you wish to defend against the claims set
forth in the following pages, you must take prompt action, You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the court, ! A judgment may also be entered against you
for any other claim or relief requested in t~ese papers by the Plaintiff, You may lose
money or property or other rights important to you, including custody or visitation of
your children,
When the ground for the divprce is indignities or irretrievable breakdown
of the marriage, you may request marriagip counseling, A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland County Court House,
Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFO~E THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
,
YOU SHOULD TAKE THIS IPAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY OR1 CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP, I
Cumberland Co~nty Bar Association
2 Libelrty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
II
DEBRAH M, WENDORF
,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
TODD R WENDORF,
Defendant
NO, 2001- //'1$ CIVIL
IN DIVORCE
COMPLAINT UNDER SECTIONS 3301 IC)
AND 3301 (0) OF THE DIVORCE CODE
1. Plaintiff is Debrah M, Wendorf, an adult individual who currently
resides at 29 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013,
2, Defendant is Todd R Wendorf, an adult individual who currently
resides at 29 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013,
3, Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4, The Plaintiff and Defendant were married on July 30, 1988 in
Grafton County, New Hampshire,
5, There have been no prior actions of divorce or for annulment between
the parties,
6, The marriage is irretrievably broken,
7, The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the court require the parties to participate in
counseling,
II
8, Plaintiff requests the court to enter a decree of divorce,
WHEREFORE, the Plaintiff requests the court to enter a decree of
divorce in favor of the Plaintiff and against the Defendant.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By- ~IVO'
Robert L. O'Brien, Esquire
Attorney for Plaintiff
I.D, # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
rlo.dirJdomesticfwendorf.com
II
I verify that the statements made in the foregoing Complaint 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,
~AC~~
Debrah M, We rf
Date: t7..?bl.5-f)/
II
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H105.151 AEV. 5-97
COMMONWEALTH OF PENNSYlVANIA
DEPARTMeNT OF HEALTH
-
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VITAL RECORDS
STATE FILE NUMBER
Cumberland
DIVORCE
~
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
STATE FilE DATE
COUNTY
HUSBAND
1. NAME
3. RESIDENCE
29 Brian
s. NUMBER
OF THIS
MARRIAGE
""Slrest or R.D.
Drive,
PA
2. DATE
OF
BIRTH
4. PLACE
OF
BIRTH
7. USUAL OCCUPATION
Systems Engineer
(Month)
5
(Day)
16
(Year)
65
(Fitst)
Todd
(Middle)
R.
(Last)
Wendorf
State
cty. ,
(State or Foreign Country)
1
City, Bora, or Twp. County
Carlisle, Cumberland
6. RACE
WHITE
Washington, D.C.
WIFE
8, MAIDEN NAME (First) (Middle) (Last) 9. DATE (Month) (Day) (Year)
Moskalenko Debrah M. Wendorf OF 3 18 65
BIRTH
fQ, RESIDENCE Straetor R.D. City, Bora. or Twp. County Stat. 11. PLACE (State or Foreign Country)
R'Ee. 4 & Lovejoy Rd., Enfield; New Hampshire OF Rhode Island
BIRTH
fl!:. NUMBER r3. RACE 114. USUAL OCCUPATION
OFTHIS 1 WH~E BnK oriR (SP'''ty)
MARRIAGE
15. PLACE OF (County) (State or Foreign Country) 16. DATEOF (Month) (Day) (Year)
THIS Grafton County, New Hampshire THIS 7 30 88
MARRIAGE MARRIAGE
1'7A NUMBER OF 7B, NUMBER OF DEPENDENT 18. PLAINTIFF 9, DECREE GRANTED TO
CHILDREN THIS CHILDREN UNDER 18. HUSBAND WIFE OTHER (Speoity) HUSBAND WIFE OTHER (Specify)
MARRIAGE 1 1 0 KJ 0 0 0 0
20. NUMBER OF HUSBAND WIFE SPLIT CUSTODY OTHER (Specify) 121 LEGAL GROUNDS FOR
CHILDREN TO 0 0 0 0 DIVORCE OR ANNULMENT
CUSTODY OF Irretrievable Breakdown
22. DATE OF DECREE (Month) (Day) (Yesr) 123. DATE REPORT SENT (Month) (Day) (Year)
TO VITAL RECORDS
a4, SIGNATURE OF
TRANSCRtBING CLERK
1'15/29/21'11'11 14:36 7172495755
OBS LAW OFFICE
PAGE 1'13
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DEBRAH M. WENDORF.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-01145 CMl TERM
CMl ACTION-LAW
IN DIVORCE
TODD R. WENDORF,
Defendant
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
..
1. A complaint in divorce under Section 3301(C) of the Divorce Code was
filed on February 27, 2001. I
2. The marriage of the Plaintiff and Defendant ;s irretrievably bra nand
ninety days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice
4. I understand that I may lose rights concerning alimony, division f
property, lawyer's fees or expenses if I do not claim them before a divorce is ~ranted.
5. I understand that I wiU,!!ot be divorced until,a Divorce Decree is~ntered
by the coun and that a copy of the becree will be sent to me immediately aft~r it is filed
with the Prothonotary. .i
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6. I have been advised of the availability of marriage counseling ar\C
understand that I may request that the court require counseling- I do not reql1[' st that
the court require counseling. . i
I verify that the statements made in this affidavit are true and correct. I
understand that false atatements herein are made subject to the penalties of Ii!,
Pa.C.S. Section 4904 relating to unsworn falsification to authorities_I
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Date:
'4av ~9. ~001
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Debrah' . VVendon
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EliBRAH ,M, WENDORF,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 2001-01145 CIVIL TERM
v,
TODD R. WENDORF,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1, A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on February 27,2001,
2, Defendant acknowledges receipt and accepts service of the Complaint on
February 27, 2001,
3, The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4, I consent to the entry of a final decree in divorce without notice,
5, 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,
6, 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,
7, I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling, I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa,C,S, Section 4904 relating to unsworn falsification to authorities,
Date: Mav 29. 2001
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DEBRAH M, WENDORF,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TODD R. WENDORF,
Defendant
NO, 2001-1145
IN DIVORCE
CIVIL
ACCEPTANCE OF SERVICE
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AND NOW, this 5LL. day of ~\Je.rJ ~ I, Todd R. Wendorf,
Defendant above, hereby accept service of the Complaint filed in the above case
pursuant to Pa, RC.P, 1920.4(e) and acknowledge receipt of a true and attested copy
of said Complaint.
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made thisa7~ay of Fe.bru.aI;j , 2001, by and between
Todd R. Wendorf, hereinafter called Husband, and Debrah M, Wendorf, hereinafter called
Wife;
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on July 30,1988 in Grafton, New
Hampshire; and
WHEREAS, differences have arisen between Husband and Wife in consequence of
which they have determined to live separate and apart from each other and have consented to
a mutual consent divorce; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations, including the settling of their property rights and other rights and obligations
growing out of their marriage in accordance with the provisions of the Divorce Code of
Pennsylvania.
NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as
follows:
1. Separation, It shall be lawful for each party at all times hereafter to live separate
and apart from the other at such place as he or she may from time to time choose or deem fit.
The foregoing provision shall not be taken as admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to them living apart, Each party shall be free
from interference, authority and control, direct or indirect, by the other as fully as if he or she
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were single and unmarried. Neither shall molest the other or compel or endeavor to compel
the other to cohabit or dwell with him or her.
2. Division of Property. The parties will divide between them, the personal effects,
tools, equipment, household furniture and furnishings, and other articles of personal property
which have heretofore been used by them, individually or in common. Wife shall have the
items in the parties residence identified on Exhibit A and she shall remove them when she
moves from the parties residence. Any items remaining after she moves from the residence
shall be deemed Husband's property.
Wife agrees that she will remain solely responsible for the re-payment of her student
loans.
Each party shall retain his/her pensionlretirement accounts and they agree that they will
each sign any documentation reasonably requested to release and extinguish any interest that
they may have in the other's accounts(s).
3. Child Custody and Support. The parties shall share legal custody of their child
Nikolas Alexander Wendorf, born June 21, 1996. Wife shall have primary physical custody of
Nikolas and Husband shall have visitation or temporary custody of Nikolas as the parties
agree to from time to time, Husband acknowledges that Wife intends to relocate with Nikolas
, to Wales, United Kingdom and that he will pay the transportation costs of traveling to Wales to
visit or the costs of bringing Nikolas to his home.
Husband agrees that Wife may pursue obtaining a dual citizenship for Nikolas and Wife
agrees that Nikolas' name will remain Nikolas Alexander Wendorf.
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Husband shall pay to Wife the sum $50,00 bi-monthly, for the support of Nikolas,
Husband agrees that he will increase this amount periodically to reflect increases in the cost of
living. Wife shall provide major medical coverage for the child when he is in her care and
Husband shall provide major medical coverage during the time Nikolas is in his custody.
As long as Wife and Nikolas can derive no benefit from the IRS dependency exemption
due to reSiding outside the country, she agrees that she will cooperate with Husband so that
he can utilize the dependency exemption,
Husband agrees that he will designate his sister Teri as Trustee of all his available life
insurance proceeds and all other death benefits, and after the payment of his bills and funeral
expenses that she will hold the remaining proceeds for the support and education of Nikolas.
4. Alimony and Spousal Support. The parties agree that they waive any present or
future claim for alimony or spousal support
5. Debts, Except for the debts and obligations created hereunder, each party agrees
to pay and hereby agrees to hold the other harmless from any and all personal debts and
obligations incurred by him or her subsequent to the date of separation which occurred in
March, 2001. If any claim, action or proceeding is hereafter brought seeking to hold the other
party liable on account of such debts or obligations, each party will at his or her sole expense
. defend the other party against any such claim, action or proceedings, whether or not well-
founded, and indemnify the other party against any loss or liability resulting therefrom.
6, Equitable Property. This Agreement constitutes an equitable division of the parties'
marital property. The parties have determined that the division of this property conforms with
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regard to the rights of each party. The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets, and the division is being
effectuated without the introduction of outside funds or other property not constituting the
matrimonial estate.
Each party hereby acknowledges that this Agreement adequately provides for his or her
needs and is in his or her best interest, and that the agreement is not the result of any fraud or
undue influence exercised by either party upon the other or by any other person or persons
upon either party. Both parties hereby waive the following procedural rights:
A. The right to obtain an inventory and appraisement of all marital and
separate property as defined by the Pennsylvania Divorce Code.
B. The right to obtain an income and expense statement of the other party as
provided by the Pennsylvania Divorce Code,
C, The right to have the court determine which property is marital and which
in non-marital, and equitably distributable between the parties that property which the court
determines to be marital.
D. The right to have the court decide any other rights. remedies, privileges,
or obligations covered by this Agreement, including but not limited to possible claims for
, divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel
fees, costs and expenses,
7. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of
Wife, and Wife relinquishes inchoate intestate right in the estate of Husband, and each of the
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parties hereto by these presents, for himself or herself, his or her heirs, executors,
administrators or assigns, does remise, rtelease, quit-claim and forever discharge the other
party hereto, his or her heirs, executors, .administrators or assigns, or any of them, of any and
all claims, demands, damages, actions, causes of action or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to
be done by said other party prior to and including the date hereof; further, the parties hereto
have been advised by their legal representatives, respectively, of all their rights under the
Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are
hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this
release shall in no way exonerate or discharge either party hereto from the obligations and
promises made and imposed by reason of this Agreement and shall in no way affect any
cause of action in absolute divorce which either party may have against the other,
8, Release of All Claims, Each party, except as otherwise provided for in this
Agreement, releases the other from all claims, liabilities, debts, obligations, actions and
causes of action of every kind that have been incurred, or may be incurred, relating to or
arising from the marriage between the parties, including waiving any claim to their respective
pensions or retirement accounts. However, neither party is relieved or discharged from any
obligations under this Agreement or under any instrument or document executed pursuant to
this Agreement.
9. 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, and seek any
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other remedy allowed in law or equity. The party breaching this contract shall be responsible
for the payment of legal fees and costs incurred by the other in enforcing his or her rights
under this Agreement, or seeking such other remedy or relief as may be available to him or
her. Waiver by one party of any breach of this Agreement by the other party shall not be
deemed a waiver of any subsequent, similar breach or other breaches.
10. Full Disclosure. Husband and Wife each represent and warrant to the other that he
or she has made a full and complete disclosure to the other of all assets of any nature
whatsoever in which such party has an interest, of the source and amount of the income of
such party of every type whatsoever and all other facts relating to the subject matter of this
Agreement.
11. Divorce. This Agreement shall not be construed to affect or bar the right of either
Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist
or may hereafter arise. Wife will file for divorce and the parties shall sign affidavits of consent
at the earliest opportunity after the 90 day waiting period, which will be submitted to finalize the
divorce,
12. Representation of Parties by Counsel. Each party has had the opportunity to have
legal counsel to represent each of them in the negotiation and preparation of this Agreement
and has either been so represented or has voluntarily chosen not to be represented, Each
party has carefully read this Agreement and is completely aware, not only of its contents, but
also of its legal effect.
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13. Additional Instruments. Each of the parties shall on demand or within a reasonable
period thereafter, execute and deliver any and all other documents and do or cause to be
done any other act or thing that may be necessary or desirable to effectuate the provisions
and purposes of this Agreement. If either party fails on demand to comply with the provision,
that party shall pay to the other all attorneys' fees, costs and other expenses reasonably
incurred as a result of such failure.
14. Modification and Waiver. Modification or waiver of any provision 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 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, Descriptive Headings. The descriptive headings used herein are for convenience
only, They shall have no effect whatsoever in determining the rights or obligations of the
parties,
16. Successors and Assigns, This Agreement, except as otherwise expressly provided
herein, shall be binding upon and shall inure to the benefit of the respective legatees,
devisees, heirs, executors, administrators, assignees and successors in interest to the parties.
17, Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania.
18. Divorce. This Agreement shall not be construed to affect or bar the right of either
Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist
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or may hereafter arise. It is understood,ihowever, that Wife, as ofthe signing ofthis
Agreement, has filed an action in divor~ in the Court of Common Pleas of Cumberland
County, in which she alleges that the marriage is irretrievably broken. Both parties understand
I
and agree that Wife shall pursue said di'force on the grounds that the marriage is irretrievably
broken, and that both parties will execute, deliver and file the necessary affidavits and all other
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petitions or documents necessary to effe,ctuate the divorce pursuant to Section 3301 C of the
Divorce Code. Husband agrees that the marriage is irretrievably broken,
19, Order of Court. With the approval of any court of competent jurisdiction in which
any divorce proceeding may now be pending or which may hereafter be instituted, this
Agreement shall be incorporated in any qecree of absolute divorce which may be passed by
said court. In the event the court shall fa'il or decline to incorporate this agreement or any
,
provisions thereof in said decree, then arjld in that event the parties, for themselves and their
respective heirs, personal representative!; and assigns, agree that they will nevertheless abide
by and carry out all of the provisions thereof.
It is further agreed that regardless of whether said agreement or any part thereof is
incorporated in any such decree, the same shall not be merged in said decree, but said
agreement and all the terms thereof shall continue to be binding upon the parties and their
, respective heirs, personal representatives and assigns,
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IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
hereunto set their hands and seals the day and year first above written.
WITNESS:
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Todd R. Wendo
~~
Debrah M. W orf
(SEAL)
(SEAL)
COMMONWEALTH OF Pennsylvania
COUNTY OF Cumberland
AND NOW, this~'7day ofJ:ilJ, ,2001, before me, the undersigned officer,
personally appeared Todd R. Wendorf, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed same
for the purposes therein contained.
: SS.
F, I hereunto set my hand and official seal.
M
Notary Public
NOTARIAL SEAL
DAWN M, SHlJl3HART, Notary Public
Carlisle, Cumberland County
My Commission Expires Nov, 28, 2002
)
COMMONWEALTH OF Pennsylvania :
ss.
IN WITNESS WHE. OF, I hereunto set my hand and official seal.
NOTARIAL SEAL . '\
DAWN M. SHUGHART. Notary Public
Oarliele, Cumberland County
My Commission Expir~;;~ov:~~>~2 .
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DEBRAH M, WENDORF,
Plaintiff
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
TODD R. WENDORF,
Defendant
NO,2001-1145 CIVIL TERM
IN DIVORCE
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 Section 3301 (c) of the Divorce
Code,
2, Date and manner of service of the Complaint: Defendant signed an Acceptance of
Service on February 27, 2001.
3, (complete either paragraph (a) or (b),)
A. Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code: by Plaintiff on May 29, 2001; and Defendant on May 29, 2001,
B, (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code: N/A
(2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A
4, Related claims pending: None..
5, Indicate date and manner of service of the notice of intention to file praecipe to
transmit record, and attach a copy of said notice under section 3301 (d)( 1 )(i) of the Divorce
Code: None served as the parties signed the Waiver of Notice, (Defendant on May 29, 2001
and Plaintiff on May 29, 2001),
Respectfully submitted,
~)(3I\A~
Robert L O'Brien, Esquire
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