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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
MAMM, R. WONDERS,
Plaintiff jV U...39-9178,Civil.Tprm 19
Venus
.HEMS. E. WONDERS,
Defendant
DECREE IN
DI VORCE
AND NOW, ...I.,, V. e- ?. l .Z............ ? •?°.°. ?, it is ordered and
decreed that MAWHEw R. WONDERS ................ plaintiff,
...
and ......................... MTPIT.13,.TN=]W............... , 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;
The Marriage Settlement Agreement dated January 30? 2001 is incorporated by
reference, ......... ........................................................
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?y The 'Court
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Attest:U ? 111 ?, S r- Prothonotary
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this ?,Y ?
. -? day of ann. 2001, by and between
HEIDIE E. WONDERS, (hereinafter referred to as "WIFE") and MATTHEW R.
WONDERS, (hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on May 24, 1997, in
Carlisle, Pennsylvania. The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties of the parties while they continue to live apart from each other.
2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein nor property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she, respectively:
(1) HUSBAND is represented by counsel of his own choosing, namely
Michael J. Hanft, Esquire, of the Law Office of Michael J. Hanft; WIFE is
represented by counsel of her own choosing, namely Mark D. Schwartz, Esquire,
of the law firm of Irwin, McKnight & Hughes;
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
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(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due 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 effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each party
further represents that he or she has made a full and fair disclosure of all debts and obligations of
any nature for which he or she is currently liable or may become liable. Each further represents
and warrants that he or she has not made any gifts or transfers for inadequate consideration of
Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The
parties also waive any right they have to receive alimony payments from the other following the
entry of the Divorce Decree in this matter.
8.
REAL ESTATE: As agreed between the parties, the marital residence located at 235
Pine Grove Road, Gardners, Pennsylvania, has been sold with the proceeds being equally divided
between the parties. It is further agreed that the remaining proceeds of said sale ($250.00) being
held in escrow shall also be equally divided by the parties.
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
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belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as if he or she were unmarried.
10.
AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently possesses or owns or may own in the future. HUSBAND shall hold WIFE
harmless for any and all liability associated with the use and purchase of any vehicle he may
own, and shall be solely responsible for all insurance and other financial responsibility associated
with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE
currently possesses or owns or may own in the future. WIFE shall hold HUSBAND harmless for
any and all liability associated with the use and purchase of any vehicle she may own, and shall
be solely responsible for all insurance and other financial responsibility associated with said
vehicle. HUSBAND agrees to sign and transfer title of the 1995 Ford Escort to WIFE and to
return all sets of keys to said vehicle within fifteen (15) days of the date of this Agreement.
MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall
assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE
after the date of separation. WIFE represents and warrants to HUSBAND that since the parties'
marital separation she has not contracted or incurred any debt or liability for which HUSBAND
or his estate might be responsible and WIFE further represents and warrants to HUSBAND that
she will not contract or incur any debt or liability after the execution of this Agreement, for
which HUSBAND or his estate might be responsible. WIFE shall indemnify and save
5
HUSBAND harmless from any and all claims or demands made against him by reason of debts
or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE against all
debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants
to WIFE that since the parties' marital separation he has not contracted or incurred any debt or
liability for which WIFE or her estate might be responsible and HUSBAND further represents
and warrants to WIFE that he will not contract or incur any debt or liability after the execution of
this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify
and save WIFE harmless from any and all claims or demands made against her by reason of debts
or obligations incurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS! The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits.
13.
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE.
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14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
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17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is
not the result of any duress or undue influence. The provisions of this Agreement are fully
understood by both parties and each party acknowledges that the Agreement is fair and equitable,
that it is being entered into voluntarily, and that it is not the result of any duress or undue
influence.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
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21.
PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain
and complete the divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry
into effect this mutual waiver and relinquishment of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESS
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HEIDIE E. WONDERS
lAVyl- ? ',le i (SEAL)
MATTHEW R. WONDERS
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this I day of
a Notary Public, in and for the Commonwealth of Pennsylvania and Coun of
Cumberland, HEIDIE E. WONDERS, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Lary Public
and County
Dec. 15, 2004
Member, Pennsylvania
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this "tom=- day of q
a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, MATTHEW R. WONDERS, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Marriage Settlement Agreement and
acknowledges that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Denise L. Nye, Notary Put,
Soul. Mltlolelon Tv')"' (; irn,bgtlrc 1 Co.nry
My Cornmission Expires F it
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS,
Plaintiff
V.
NO. 99-4178 Civil Term
HEIDIE E. WONDERS, CIVIL TERM - IN DIVORCE
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: via Certified Mail, Restricted Delivery
on July 10, 1999.
i 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c)
of the Divorce Code: February 21, 2001; by the Defendant: February 19, 2001.
4. Related claims pending: None.
5. Date Plaintiffs Waiverof Notice in §3301(c) Divorcewas filedwith the Prothonotary:
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February 27, 2001.
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: February 27, 2001.
Date: February 28, 2001
P'u,R FtlamFlnn ux. rmmx,_iw l I valPM,,j "r.z„ridi u ra
LAW FFICE MICHAEL J. HANFT
By
Michael J. Hanft, squir
Attorney I.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
Attorneys for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
/
No. 99 -
HEIDIE WONDERS, CIVIL TERM - DIVORCE l
Defendant IN
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 ifyou 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 these 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 divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counsel irg sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within twenty (20)
days of the date on which you receive this notice. Failure to do so will constitute a waiver of your
right to request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OFTHEM.
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, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
V.
No. 99- W-// 7.P cut-( "-7En?
HEIDIE E. WONDERS,
Defendant
CIVIL TERM - IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 8th day of July, 1999 comes Plaintiff, Matthew R. Wonders, by and
through his attorney, Michael J. Hanft, Esquire, and files the following Complaint in Divorce,
and in support thereof avers as follows:
1. The Plaintiff is Matthew R. Wonders, who currently resides at 558 Shippensburg
Road, Newville, Cumberland County, Pennsylvania.
2. The Defendant is Heidie E. Wonders, who currently resides at 120 Eberly Road,
Newville, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the
Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding
the filing of this Complaint in Divorce.
4. The parties were married on May 24, 1997 in Carlisle, Cumberland County,
Pennsylvania.
5. The marriage is irretrievably broken. The foregoing facts are averred and brought
under Sections 3301(c) of the Divorce Code of 1980, as amended.
6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff
may have the right to request that the Court require the Parties to participate in counseling.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce,
divorcing the Plaintiff from the Defendant.
Respectfully submitted,
MichaLq J. Hanft, wire
Attorney ID No. 5 976
19 Brookwood Avenue, Suite 106
Carlisle. PA 17013-9142
(717) 249-5373
Attorney for Plaintiff
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the Complaint and to the extent that the document is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, 1 have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
A W V/
Matthew R. Wonders
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS,
Plaintiff
V.
CIVIL ACTION - LAW
IN DIVORCE
HEIDIE E. WONDERS, NO. 99-4178 Civil Term
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 23a day of August, 1999, I, Michael J. Hanft, Esquire, hereby certify that
the following person was served with a True and Correct copy of the Divorce Complaint filed in the
above-referenced matter. The Divorce Complaint was mailed on July 8, 1999, but actual service
took place on July 10, 1999, by Defendant signing for a copy of the Divorce Complaint which was
mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery,
Postage Prepaid, addressed as follows:
Heidie E. Wonders
120 Eberly Road
Newville, PA 17241
A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by
reference incorporated herein and made a part hereof.
Respectfully submitted,
ichael J. anft squire
Attorney ID No. 57976
19 Brookwood Avenue. Suite 106
Carlisle, PA 17013-9142
(717) 249-5373
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
V. No. 99-4178 Civil Term
HEIDIE E. WONDERS, CIVIL TERM - IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND
8, 1999.
A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninetydays 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., Section 4904 relating to unswom
falsification to authorities.
Date: ] a I 10 1
Sworn to and subscribed before me this
((91115f day of sQ-56a Cj'j ,2001
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Notary Public
;?vTr r, ,,4441,--
Matthew R. Wonders, Plaintiff
Notarial Seal
Denise L. Nye, Notary Public
South Middleton Twp.. Cumbertanrl County
My Commission Expires Feb. 26, 2001
Member, Pennsylva;i-a As.>xlnuonott ?,! iP
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
v. No. 99-4178 Civil Term
HEIDIE E. WONDERS, CIVIL TERM - IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A 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 ofproperty, 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 unswom
falsification to authorities.
Date: a- l k l/ o l
7"- R 1J 6y?
Matthew R. Wonders, Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
V. No. 99-4178 Civil Term
HEIDIE E. WONDERS, CIVIL TERM - IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July
8, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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., Section 4904 relating to unswom
falsification to authorities.
Date: February 19, 2001 //P.4- 4elt -
Heidie E. Wonders, Defendant
Sworn to and subscribed before me this
19TH day of February 2001.
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Notary Pt lic
Notarial Seal
Betzi A. Morrison, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Dec. 15, 2004
Member, Pennsylvania Association of Notaries
F Wso!VW Ttnti 1UsG d,w,99,1317d mnV,hiiit *N
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MATTHEW R. WONDERS
Plaintiff
V. No. 99-4178 Civil Term
HEIDIE E. WONDERS, CIVIL TERM - IN DIVORCE
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A 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 unswom
falsification to authorities.
Date: February 19, 2001
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Heidie E. Wonders, Defendant
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HEIDIE E. WONDERS,
Petitioner
V.
MATTHEW R. WONDERS,
Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994178 CIVIL TERM
IN CUSTODY
ORDER OF COURT
AND NOW, this ' day of _a hC C , 1999, upon consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear
before -1d 5 • Svt\c?G . Esquire, the conciliator, at
on the 3 day of h-Q Crrnbe C 1999
at 3 V. 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 this conference may provide grounds for
entry of a temporary or permanent order.
By the Court,
By:_ ?JQ1QtSn c?lli f a,L?Y
Custody Conciliator
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
(717) 249-3166
1-800-990-9108
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AMERICANS WITH DISABILITIES
ACT OF 1990
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 scheduling conference or hearing.
HEIDIE E. WONDERS,
Petitioner
V.
MATTHEW R. WONDERS,
Respondent
IN CUSTODY
PETITION FOR CUSTODY
AND NOW, this 2nay of October, 1999, comes the Petitioner, Heidie E.
Wonders, by her attorneys, Irwin, McKnight and Hughes, and presents the following Petition for
Custody.
The petitioner is Heidie E. Wonders, an adult individual residing at 120 Eberly Road,
Newville, Cumberland County, Pennsylvania 17241.
1)
The respondent is Matthew R. Wonders, an adult individual residing 558 Shippensburg
Road, Newville, Cumberland County, Pennsylvania, 17241.
3
The parties are the natural parents of one (1) minor child, namely, Alyssa R. Wonders,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-4178 CIVIL TERM
born February 7, 1997, age 2 years.
4.
The parties were residents of the Commonwealth of Pennsylvania since birth.
5.
Petitioner desires primary physical custody of the minor child and joint legal custody with
periods of visitation to respondent as can be mutually arranged between the parties.
6.
The best interest of the minor child requires that the court grant the petitioner's request as
set forth above.
WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking
primary physical custody of the minor child and joint legal custody with periods of visitation to
respondent as can be mutually arranged between the parties.
Respectfully submitted,
IRWIA;IGHT & HUGHES
By:
Mark rtz, Esquire
Attorney for Petitioner,
Heidie E. Wonders
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: October 1 1999 Supreme Court 1. D. No. 70216
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and me in the preparation of this action. 1 have read the statements made in this Petition and they
are true and correct to the best of my knowledge, information and belief. 1 understand that false
statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
? !<I1,1119 ? -
HEIDIE E. WONDERS
Date: October ... a?a , 1999
CERTIFICATE OF SERVICE
1, Mark D. Schwartz, Esquire, do hereby certify that 1 have served a true and correct copy
of the foregoing Petition for Custody upon counsel for the Respondent by placing it in the United
States Mail, first class postage prepaid in Carlisle, Pennsylvania 17013, upon the following:
Michael J. Hanft, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013
Attomey for the Respondent,
Matthew R. Wonders
-?C?/? i'?
By: d?? -
Mark D. Schwartz, Esquire
Attorney for Petitioner,
Heidie E. Wonders
Date: October 26 , 1999
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HEIDIE E. WONDERS, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, CIVIL ACTION - LAW
Respondent
CUSTODY
ORDER OF COURT
AND NOW, this z ?`day of t'Oe x.14. , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Mother, Heidie E. Wonders, and the Father, Matthew R. Wonders,
shall have shared legal custody of Alyssa R. Wonders, born February 7,
1997. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends, beginning January 7, 2000, from Friday at 5:30 p.m.,
through Sunday at 5:00 p.m. In addition, during weeks before the Mother's
regular weekend periods of custody, the Father shall have custody of the
Child on Tuesday and Thursday from 5:30 p.m. until 8:00 p.m. and, during
weeks before the Father's regular weekend periods of custody, the Father
shall have custody of the Child on Tuesday from 5:30 p.m. until 8:00 p.m.
In the event the Father's work schedule permits him to transport the Child
to pre-school on a morning following his weekday periods of custody, the
rather may have custody of the Child overnight upon providing as much
notice as possible to the mother as long as the Mother has not already made
plans for the Child.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided intc
Segment A, which shall run from Christmas Eve at 5:30 p.m.
through Christmas Day at 3:00 p.m. and Segment B, which shall
run from Christmas Day at 3:00 p.m. through December 26 at
8:00 p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years.
B. NEW YEARS: The New Years holiday shall be divided into
Segment A, which shall run from New Years Eve at 5:30 p.m.
through New Years Day at 3:00 p.m. and Segment B, which shall
run from New Years Day at 3:00 p.m. through January 2 at 8:00
p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. For purposes of this provision, the
entire New Years holiday shall be deemed to fall in the year
in which New Years Eve falls.
C. THANKSGIVING: In every year, the parties shall share having
custody of the Child on Thanksgiving day as equally as
possible with the specific schedule to be arranged by
agreement of the parties.
D. MOTHER'S DAY/EATHFR'S DAY: The Mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day at times to be
arranged by agreement of the parties.
E. CHILD'S BIRTHDAY: The parties shall share having custody of
the Child on her birthday as equally as possible with the
specific times to be arranged by agreement of the parties.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Both parties shall be entitled to have custody of the Child for
two non-consecutive weeks each year upon providing 30 days advance notice
to the other party. The party who provides notice first shall be entitled
to preference in his or her selection of vacation dates.
6. The Father shall provide all transportation for exchanges of
custody under this order. The Father shall pick up the Child on weekdays
for exchanges of custody at the Child's day care. In the event the Mother
intends to pick up the Child before 5:30 p.m. at day care, the Mother shall
notify the Father by the evening before and shall transport the Child to
the Father's residence for the exchange of custody at 5:30 p.m.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this Order by mutual consent. In the absence of mutual consent, the terms
of this order shall control.
BY THE COURT,
f J
cc: Mark D. Schwartz, Esquire - Counsel or mother "Pub, imaj el
Michael J. Hanft, Esquire - Counsel for Father /a'a$-99
RK3
HEIDIE E. WONDERS, . IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, CIVIL ACTION - LAW
Respondent
CUSTODY
CUSTODY CONCILIATICN SUMMARY REPORT
IN AOCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alyssa R. Wonders February 7, 1997 Mother
2. A Conciliation Conference was held on December 14, 1999, with the
following individuals in attendance: The Mother, Heidie E. Wonders, with
her counsel, Mark D. Schwartz, Esquire, and the Father, Matthew R. Wonders,
with his counsel, Michael J. Hanft, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
Date Dawn S. Sunday, Esquire(
Custody Conciliator
el
HEIDIE E. WONDERS, IN THE COURT OF
Petitioner COMMON PLEAS OF
: CUMBERLAND COCINTy, PENNSYLVANIA
VS. a NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, CIVIL ACTION - LAW
Respondent
CUSTODY
2ERER OF CUM
AND NOW, this day of
consideration of the attached Custody Conciliation Report, it is9
and directed as follows: ordered
1. The Mother, Heidie E. Wonders, and the Father, Matthew R. Wonders,
shall have shared legal custody of Alyssa R. Wonders, born February 7,
1997. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, all decisions
regarding her health, education and religion.
2. The Mother shall have primary pnysical custody of the child.
3. The Father shall have partial physical custody of the Child on
alternating weekends, beginning January 7, 2000, from Friday at 5:30 p.m.,
through Sunday at 5:00 p.m. In addition, during weeks before the Mother's
regular weekend periods of custody, the Father shall have custody of the
Child on Tuesday and Thursday from 5:30 p.m. until 8:00 p.m. and, during
weeks before the Father's regular weekend periods of custody, the Father
shall have custody of the Child on Tuesday from 5:30 p.m. until 8:00 p.m.
In the event the Father's work schedule permits him to transport the Child
to pre-school on a morning following his weekday periods of custody, the
Father may have custody of the Child overnight upon providing as much
notice as possible to the Mother as long as the Mother has not already made
plans for the Child.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment At which shall run from Christmas Eve at 5:30 p.m.
through Christmas Day at 3:00 p.m. and Segment B, which shall
run from Christmas Day at 3:00 p.m. through December 26 at
8:00 p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody of the child
during Segment A in even numbered years and during Segment B
in odd numbered years.
B. NEW YEARS: The New Years holiday shall be divided into
Segment A, which shall run from New Years Eve at 5:30 p.m.
through New Years Day at 3:00 p.m. and segment B, which shall
run from New Years Day at 3:00 p.m. through January 2 at 8:00
p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during Segment B in even
numbered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. For purposes of this provision, the
entire New Years holiday shall be deemed to fall in the year
in which New Years Eve falls.
C. T'BANFSGIVING: In every year, the parties shall share having
custody of the Child on Thanksgiving day as equally as
possible with the specific schedule to be arranged by
agreement of the parties.
D. MOTHER'S DAY/FATBFR'S DAY: The mother shall have custody of
the Child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day at times to be
arranged by agreement of the parties.
E. CBII.D'S BIRTHDAY: The parties shall share having custody of
the Child on her birthday as equally as possible with the
specific times to be arranged by agreement of the parties.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Both parties shall be entitled to have custody of the Child for
two non-consecutive weeks each year upon providing 30 days advance notice
to the other party. The party who provides notice first shall be entitled
to preference in his or her selection of vacation dates.
6. The Father shall provide all transportation for exchanges of
custody under this order. The Father shall pick up the Child on weekdays
for exchanges of custody at the Child's day care. In the event the Mother
intends to pick up the Child before 5:30 p.m. at day care, the Mother shall
notify the Father by the evening before and shall transport the Child to
the Father's residence for the exchange of custody at 5:30 p.m.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
J.
cc: Mark D. Schwartz, Esquire - Counsel for Mother
Michael J. Hanft, Esquire - Counsel for Father
HEIDIE E. WONDERS, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, : CIVIL ACTION - LAW
Respondent
CUSTODY
CUSTODY CONCILIATICN SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alyssa R. Wonders February 7, 1997 Mother
2. A Conciliation Conference was held on December 14, 1999, with the
following individuals in attendance: The Mother, Heidie E. Wonders, with
her counsel, Mark D. Schwartz, Esquire, and the Father, Matthew R. Wonders,
with his counsel, Michael J. Hanft, Esquire.
3. The parties agreed to entry of an order in the form as attached.
Date Dawn S. Sunday, Esquir
Custody Conciliator
HEIDIE E. WONDERS, . IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, : CIVIL ACTION - LAW
Respondent
CUSTODY
ORDER OF COURT
AND NOW, this day of , 1999, upon
consideration of the attached Custody Conciliation Report, it is ordered
and directed as follows:
1. The Mother, Heidie E. Wonders, and the Father, Matthew R. Wonders,
shall have shared legal custody of Alyssa R. Wonders, born February 7,
1997. Each parent shall have an equal right, to be exercised jointly with
the other parent, to make all major non-emergency decisions affecting the
Child's general well-being including, but not limited to, ali decisions
regarding her health, education and religion.
The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child on
alternating weekends, beginning January 7, 2000, from Friday at 5:30 p.m.,
through Sunday at 5:00 p.m. In addition, during weeks before the Mother's
regular weekend periods of custody, the Father shall have custody of the
Child on Tuesday and Thursday from 5:30 p.m. until 8:00 p.m. and, during
weeks before the Father's regular weekend periods of custody, the Father
shall have custody of the Child on Tuesday from 5:30 p.m. until 8:00 p.m.
In the event the Father's work schedule permits him to transport the Child
to pre-school on a morning following his weekday periods of custody, the
Father may have custody of the Child overnight upon providing as much
notice as possible to the Mother as long as the Mother has not already made
plans for the Child.
4. The parties shall share or alternate having custody of the Child
on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 5:30 p.m.
through Christmas Day at 3:00 p.m. and Segment B, which shall
run from Christmas Day at 3:00 p.m. through December 26 at
8:00 p.m. The Mother shall have custody of the Child during
Segment /: in odd numbered years and during Segment B in even
numbered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years.
B. NEW YEARS: The New Years holiday shall be divided into
Segment A, which shall run from New Years Eve at 5:30 p.m.
through New Years Day at 3:00 p.m. and segment B, which shall
run from New Years Day at 3:00 p.m. through January 2 at 8:00
p.m. The Mother shall have custody of the Child during
Segment A in odd numbered years and during segment B in even
numbered years. The Father shall have custody of the Child
during Segment A in even numbered years and during Segment B
in odd numbered years. For purposes of this provision, the
entire New Years holiday shall be deemed to fall in the year
in which New Years Eve falls.
C. THANKSGIVING: In every year, the parties shall share having
custody of the Child on Thanksgiving day as equally as
possible with the specific schedule to be arranged by
agreement of the parties.
D. MOTHER'S DAY/FATHERIS DAY: The Mother shall have custody of
the child every year on Mother's Day and the Father shall have
custody of the Child every year on Father's Day at times to be
arranged by agreement of the parties.
E. CHILD'S BIRTHDAY: The parties shall share having custody of
the Child on her birthday as equally as possible with the
specific times to be arranged by agreement of the parties.
F. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. Both parties shall be entitled to have custody of the Child for
two non-consecutive weeks each year upon providing 30 days advance notice
to the other party. The party who provides notice first shall be entitled
to preference in his or her selection of vacation dates.
6. The Father shall provide all transportation for exchanges of
custody under this order. The Father shall pick up the Child on weekdays
for exchanges of custody at the Child's day care. In the event the Mother
intends to pick up the Child before 5:30 p.m. at day care, the Mother shall
notify the Father by the evening before and shall transport the Child to
the Father's residence for the exchange of custody at 5:30 p.m.
7. This order is entered pursuant to an agreement of the parties at a
Custody Conciliation Conference. The parties may modify the provisions of
this order by mutual consent. In the absence of mutual consent, the terms
of this Order shall control.
BY THE COURT,
cc: Mark D. Schwartz, Esquire - Counsel for Mother
Michael J. Hanft, Esquire - Counsel for Father
HEIDIE E. WONDERS, : IN THE COURT OF COMMON PLEAS OF
Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-4178 CIVIL TERM
MATTHEW R. WONDERS, : CIVIL ACTION - LAW
Respondent
CUSTODY
CUSTODY CCNCILIATICN SUMKARY REPORT
IN ACOORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject
of this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Alyesa R. Wonders February 7, 1997 Mother
2. A Conciliation Conference was held on December 14, 1999, with the
following individuals in attendance: The Mother, Heidie E. Wonders, with
her counsel, Mark D. Schwartz, Esquire, and the Father, Matthew R. Wonders,
with his counsel, Michael J. Hanft, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
&0Q r54 s?9 d ,
Date Dawn S. Sunday, Esquire(
Custody Conciliator
HEIDIE E. WONDERS,
Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
994178 CIVIL TERM
MATTHEW R. WONDERS,
Respondent IN CUSTODY
ACCEPTANCE OFSER VICE
I, Michael J. Hanft, Esquire, attorney for the respondent in the above-captioned custody
action, hereby agree on behalf of my ciient, Matthew R. Wonders, to accept service of the
Petition for custody which was tiled on October 20, 1999.
Micha J. Hanft, Esq re
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
Supreme Court I.D. No. 5'7974
(717) 249-5373
Attorney for Respondent,
Matthew R. Wonders
Date: October ZS 1999
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